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| 1 | AN ACT concerning persons with disabilities.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Rule of construction. This Act shall be | ||||||||||||||||||||||||
| 5 | construed to make amendments to provisions of State law to | ||||||||||||||||||||||||
| 6 | substitute the term "persons with physical disabilities" for | ||||||||||||||||||||||||
| 7 | "the physically handicapped" or "the physically disabled"; | ||||||||||||||||||||||||
| 8 | "persons with disabilities" for "the handicapped" or | ||||||||||||||||||||||||
| 9 | "handicapped persons" or "handicapped individuals" or "the | ||||||||||||||||||||||||
| 10 | disabled" or "disabled persons" or "disabled individuals"; | ||||||||||||||||||||||||
| 11 | "persons with developmental disabilities" for "the | ||||||||||||||||||||||||
| 12 | developmentally disabled" or "developmentally disabled | ||||||||||||||||||||||||
| 13 | persons" or "developmentally disabled individuals"; "permanent | ||||||||||||||||||||||||
| 14 | disability" for "permanently disabled"; "total disability" for | ||||||||||||||||||||||||
| 15 | "totally disabled"; "total and permanent disability" for | ||||||||||||||||||||||||
| 16 | "totally and permanently disabled"; "temporary total | ||||||||||||||||||||||||
| 17 | disability" for "temporarily totally disabled"; "permanent | ||||||||||||||||||||||||
| 18 | total disability" for "permanently totally disabled"; and | ||||||||||||||||||||||||
| 19 | "disabling condition", as appropriate, for "handicapping | ||||||||||||||||||||||||
| 20 | condition" without any intent to change the substantive rights, | ||||||||||||||||||||||||
| 21 | responsibilities, coverage, eligibility, or definitions | ||||||||||||||||||||||||
| 22 | referred to in the amended provisions represented in this Act.
| ||||||||||||||||||||||||
| 23 | Section 5. The Statute on Statutes is amended by changing | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Sections 1.37 and 1.38 and by adding Sections 1.40, 1.41, and | ||||||
| 2 | 1.42 as follows:
| ||||||
| 3 | (5 ILCS 70/1.37) | ||||||
| 4 | Sec. 1.37. Intellectual disability. Except where the | ||||||
| 5 | context indicates otherwise, in any rule, contract, or other | ||||||
| 6 | document a reference to the term "mental retardation" shall be | ||||||
| 7 | considered a reference to the term "intellectual disability" | ||||||
| 8 | and a reference to a the term "mentally retarded person or a | ||||||
| 9 | similar reference " shall be considered a reference to a person | ||||||
| 10 | with an intellectual disability the term "intellectually | ||||||
| 11 | disabled". The use of either "mental retardation" or | ||||||
| 12 | "intellectually disabled", or "mentally retarded" or "person | ||||||
| 13 | with an intellectual disability intellectually disabled" shall | ||||||
| 14 | not invalidate any rule, contract, or other document.
| ||||||
| 15 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 16 | (5 ILCS 70/1.38) | ||||||
| 17 | Sec. 1.38. Physical disability. Except where the context | ||||||
| 18 | indicates otherwise, in any rule, contract, or other document a | ||||||
| 19 | reference to a the term "crippled person or a similar reference | ||||||
| 20 | " shall be considered a reference to a person with a physical | ||||||
| 21 | disability the term "physically disabled" and a reference to | ||||||
| 22 | the term "crippling" shall be considered a reference to the | ||||||
| 23 | term "physical disability" or "physically disabling", as | ||||||
| 24 | appropriate, when referring to a person. The use of either | ||||||
| |||||||
| |||||||
| 1 | "crippled" or "physically disabled", or "crippling" or | ||||||
| 2 | "physical disability" shall not invalidate any rule, contract, | ||||||
| 3 | or other document.
| ||||||
| 4 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 5 | (5 ILCS 70/1.40 new) | ||||||
| 6 | Sec. 1.40. Persons with disabilities. Except where the | ||||||
| 7 | context indicates otherwise, in any rule, contract, or other | ||||||
| 8 | document a reference to the term "the physically handicapped" | ||||||
| 9 | or "the physically disabled" shall be considered a reference to | ||||||
| 10 | the term "persons with physical disabilities"; and a reference | ||||||
| 11 | to the term "the handicapped" or "handicapped persons" or | ||||||
| 12 | "handicapped individuals" or "the disabled" or "disabled | ||||||
| 13 | persons" or "disabled individuals" shall be considered a | ||||||
| 14 | reference to the term "persons with disabilities"; and a | ||||||
| 15 | reference to the term "handicapping condition" shall be | ||||||
| 16 | considered a reference to the term "disabling condition". The | ||||||
| 17 | use of either "the physically handicapped" or "the physically | ||||||
| 18 | disabled" or "persons with physical disabilities", or "the | ||||||
| 19 | handicapped" or "handicapped persons" or "handicapped | ||||||
| 20 | individuals" or "the disabled" or "disabled persons" or | ||||||
| 21 | "disabled individuals" or "persons with disabilities" or | ||||||
| 22 | "handicapping condition" or "disabling condition" shall not | ||||||
| 23 | invalidate any rule, contract, or other document.
| ||||||
| 24 | (5 ILCS 70/1.41 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 1.41. Permanent disability; total disability. Except | ||||||
| 2 | where the context indicates otherwise, in any rule, contract, | ||||||
| 3 | or other document a reference to a permanently disabled person | ||||||
| 4 | or a similar reference shall be considered a reference to a | ||||||
| 5 | person with a permanent disability; and a reference to a | ||||||
| 6 | totally disabled person or a similar reference shall be | ||||||
| 7 | considered a reference to a person with a total disability; and | ||||||
| 8 | a reference to a permanently and totally disabled person or a | ||||||
| 9 | similar reference shall be considered a reference to a person | ||||||
| 10 | with a permanent and total disability; and a reference to a | ||||||
| 11 | totally and permanently disabled person or a similar reference | ||||||
| 12 | shall be considered a reference to a person with a total and | ||||||
| 13 | permanent disability; and a reference to a permanently totally | ||||||
| 14 | disabled person or a similar reference shall be considered a | ||||||
| 15 | reference to a person with a permanent total disability; and a | ||||||
| 16 | reference to a temporarily totally disabled person or a similar | ||||||
| 17 | reference shall be considered a reference to a person with a | ||||||
| 18 | temporary total disability. The use of either "permanently | ||||||
| 19 | disabled" or "permanent disability" or "totally disabled" or | ||||||
| 20 | "total disability" or "permanently and totally disabled" or | ||||||
| 21 | "permanent and total disability" or "totally and permanently | ||||||
| 22 | disabled" or "total and permanent disability" or "permanently | ||||||
| 23 | totally disabled" or "permanent total disability" or | ||||||
| 24 | "temporarily totally disabled" or "temporary total disability" | ||||||
| 25 | shall not invalidate any rule, contract, or other document.
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 70/1.42 new) | ||||||
| 2 | Sec. 1.42. Developmental disability. Except where the | ||||||
| 3 | context indicates otherwise, in any rule, contract, or other | ||||||
| 4 | document a reference to a developmentally disabled person or a | ||||||
| 5 | similar reference shall be considered a reference to a person | ||||||
| 6 | with a developmental disability and a reference to the | ||||||
| 7 | developmentally disabled or a similar reference shall be | ||||||
| 8 | considered a reference to persons with developmental | ||||||
| 9 | disabilities. The use of either "developmentally disabled" or | ||||||
| 10 | "developmental disability" or "the developmentally disabled" | ||||||
| 11 | or "persons with developmental disabilities" shall not | ||||||
| 12 | invalidate any rule, contract, or other document.
| ||||||
| 13 | Section 10. The Illinois Administrative Procedure Act is | ||||||
| 14 | amended by changing Sections 5-45, 5-146, and 5-147 and by | ||||||
| 15 | adding Section 5-148 as follows:
| ||||||
| 16 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
| 17 | Sec. 5-45. Emergency rulemaking. | ||||||
| 18 | (a) "Emergency" means the existence of any situation that | ||||||
| 19 | any agency
finds reasonably constitutes a threat to the public | ||||||
| 20 | interest, safety, or
welfare. | ||||||
| 21 | (b) If any agency finds that an
emergency exists that | ||||||
| 22 | requires adoption of a rule upon fewer days than
is required by | ||||||
| 23 | Section 5-40 and states in writing its reasons for that
| ||||||
| 24 | finding, the agency may adopt an emergency rule without prior | ||||||
| |||||||
| |||||||
| 1 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
| 2 | with the Secretary of
State under Section 5-70. The notice | ||||||
| 3 | shall include the text of the
emergency rule and shall be | ||||||
| 4 | published in the Illinois Register. Consent
orders or other | ||||||
| 5 | court orders adopting settlements negotiated by an agency
may | ||||||
| 6 | be adopted under this Section. Subject to applicable | ||||||
| 7 | constitutional or
statutory provisions, an emergency rule | ||||||
| 8 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
| 9 | at a stated date less than 10 days
thereafter. The agency's | ||||||
| 10 | finding and a statement of the specific reasons
for the finding | ||||||
| 11 | shall be filed with the rule. The agency shall take
reasonable | ||||||
| 12 | and appropriate measures to make emergency rules known to the
| ||||||
| 13 | persons who may be affected by them. | ||||||
| 14 | (c) An emergency rule may be effective for a period of not | ||||||
| 15 | longer than
150 days, but the agency's authority to adopt an | ||||||
| 16 | identical rule under Section
5-40 is not precluded. No | ||||||
| 17 | emergency rule may be adopted more
than once in any 24 month | ||||||
| 18 | period, except that this limitation on the number
of emergency | ||||||
| 19 | rules that may be adopted in a 24 month period does not apply
| ||||||
| 20 | to (i) emergency rules that make additions to and deletions | ||||||
| 21 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
| 22 | Public Aid Code or the
generic drug formulary under Section | ||||||
| 23 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
| 24 | emergency rules adopted by the Pollution Control
Board before | ||||||
| 25 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
| 26 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Public Health under subsections (a) through (i) | ||||||
| 2 | of Section 2 of the Department of Public Health Act when | ||||||
| 3 | necessary to protect the public's health, (iv) emergency rules | ||||||
| 4 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
| 5 | emergency rules adopted pursuant to subsection (o) of this | ||||||
| 6 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
| 7 | (c-5) of this Section. Two or more emergency rules having | ||||||
| 8 | substantially the same
purpose and effect shall be deemed to be | ||||||
| 9 | a single rule for purposes of this
Section. | ||||||
| 10 | (c-5) To facilitate the maintenance of the program of group | ||||||
| 11 | health benefits provided to annuitants, survivors, and retired | ||||||
| 12 | employees under the State Employees Group Insurance Act of | ||||||
| 13 | 1971, rules to alter the contributions to be paid by the State, | ||||||
| 14 | annuitants, survivors, retired employees, or any combination | ||||||
| 15 | of those entities, for that program of group health benefits, | ||||||
| 16 | shall be adopted as emergency rules. The adoption of those | ||||||
| 17 | rules shall be considered an emergency and necessary for the | ||||||
| 18 | public interest, safety, and welfare. | ||||||
| 19 | (d) In order to provide for the expeditious and timely | ||||||
| 20 | implementation
of the State's fiscal year 1999 budget, | ||||||
| 21 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
| 22 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
| 23 | may be adopted in
accordance with this Section by the agency | ||||||
| 24 | charged with administering that
provision or initiative, | ||||||
| 25 | except that the 24-month limitation on the adoption
of | ||||||
| 26 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
| |||||||
| |||||||
| 1 | do not apply
to rules adopted under this subsection (d). The | ||||||
| 2 | adoption of emergency rules
authorized by this subsection (d) | ||||||
| 3 | shall be deemed to be necessary for the
public interest, | ||||||
| 4 | safety, and welfare. | ||||||
| 5 | (e) In order to provide for the expeditious and timely | ||||||
| 6 | implementation
of the State's fiscal year 2000 budget, | ||||||
| 7 | emergency rules to implement any
provision of this amendatory | ||||||
| 8 | Act of the 91st General Assembly
or any other budget initiative | ||||||
| 9 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
| 10 | Section by the agency charged with administering that
provision | ||||||
| 11 | or initiative, except that the 24-month limitation on the | ||||||
| 12 | adoption
of emergency rules and the provisions of Sections | ||||||
| 13 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 14 | subsection (e). The adoption of emergency rules
authorized by | ||||||
| 15 | this subsection (e) shall be deemed to be necessary for the
| ||||||
| 16 | public interest, safety, and welfare. | ||||||
| 17 | (f) In order to provide for the expeditious and timely | ||||||
| 18 | implementation
of the State's fiscal year 2001 budget, | ||||||
| 19 | emergency rules to implement any
provision of this amendatory | ||||||
| 20 | Act of the 91st General Assembly
or any other budget initiative | ||||||
| 21 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
| 22 | Section by the agency charged with administering that
provision | ||||||
| 23 | or initiative, except that the 24-month limitation on the | ||||||
| 24 | adoption
of emergency rules and the provisions of Sections | ||||||
| 25 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 26 | subsection (f). The adoption of emergency rules
authorized by | ||||||
| |||||||
| |||||||
| 1 | this subsection (f) shall be deemed to be necessary for the
| ||||||
| 2 | public interest, safety, and welfare. | ||||||
| 3 | (g) In order to provide for the expeditious and timely | ||||||
| 4 | implementation
of the State's fiscal year 2002 budget, | ||||||
| 5 | emergency rules to implement any
provision of this amendatory | ||||||
| 6 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
| 7 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
| 8 | Section by the agency charged with administering that
provision | ||||||
| 9 | or initiative, except that the 24-month limitation on the | ||||||
| 10 | adoption
of emergency rules and the provisions of Sections | ||||||
| 11 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 12 | subsection (g). The adoption of emergency rules
authorized by | ||||||
| 13 | this subsection (g) shall be deemed to be necessary for the
| ||||||
| 14 | public interest, safety, and welfare. | ||||||
| 15 | (h) In order to provide for the expeditious and timely | ||||||
| 16 | implementation
of the State's fiscal year 2003 budget, | ||||||
| 17 | emergency rules to implement any
provision of this amendatory | ||||||
| 18 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
| 19 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
| 20 | Section by the agency charged with administering that
provision | ||||||
| 21 | or initiative, except that the 24-month limitation on the | ||||||
| 22 | adoption
of emergency rules and the provisions of Sections | ||||||
| 23 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 24 | subsection (h). The adoption of emergency rules
authorized by | ||||||
| 25 | this subsection (h) shall be deemed to be necessary for the
| ||||||
| 26 | public interest, safety, and welfare. | ||||||
| |||||||
| |||||||
| 1 | (i) In order to provide for the expeditious and timely | ||||||
| 2 | implementation
of the State's fiscal year 2004 budget, | ||||||
| 3 | emergency rules to implement any
provision of this amendatory | ||||||
| 4 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
| 5 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
| 6 | Section by the agency charged with administering that
provision | ||||||
| 7 | or initiative, except that the 24-month limitation on the | ||||||
| 8 | adoption
of emergency rules and the provisions of Sections | ||||||
| 9 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 10 | subsection (i). The adoption of emergency rules
authorized by | ||||||
| 11 | this subsection (i) shall be deemed to be necessary for the
| ||||||
| 12 | public interest, safety, and welfare. | ||||||
| 13 | (j) In order to provide for the expeditious and timely | ||||||
| 14 | implementation of the provisions of the State's fiscal year | ||||||
| 15 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
| 16 | Implementation (Human Services) Act, emergency rules to | ||||||
| 17 | implement any provision of the Fiscal Year 2005 Budget | ||||||
| 18 | Implementation (Human Services) Act may be adopted in | ||||||
| 19 | accordance with this Section by the agency charged with | ||||||
| 20 | administering that provision, except that the 24-month | ||||||
| 21 | limitation on the adoption of emergency rules and the | ||||||
| 22 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
| 23 | adopted under this subsection (j). The Department of Public Aid | ||||||
| 24 | may also adopt rules under this subsection (j) necessary to | ||||||
| 25 | administer the Illinois Public Aid Code and the Children's | ||||||
| 26 | Health Insurance Program Act. The adoption of emergency rules | ||||||
| |||||||
| |||||||
| 1 | authorized by this subsection (j) shall be deemed to be | ||||||
| 2 | necessary for the public interest, safety, and welfare.
| ||||||
| 3 | (k) In order to provide for the expeditious and timely | ||||||
| 4 | implementation of the provisions of the State's fiscal year | ||||||
| 5 | 2006 budget, emergency rules to implement any provision of this | ||||||
| 6 | amendatory Act of the 94th General Assembly or any other budget | ||||||
| 7 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
| 8 | with this Section by the agency charged with administering that | ||||||
| 9 | provision or initiative, except that the 24-month limitation on | ||||||
| 10 | the adoption of emergency rules and the provisions of Sections | ||||||
| 11 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
| 12 | subsection (k). The Department of Healthcare and Family | ||||||
| 13 | Services may also adopt rules under this subsection (k) | ||||||
| 14 | necessary to administer the Illinois Public Aid Code, the | ||||||
| 15 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 16 | Property Tax Relief Act, the Senior Citizens and Disabled | ||||||
| 17 | Persons Prescription Drug Discount Program Act (now the | ||||||
| 18 | Illinois Prescription Drug Discount Program Act), and the | ||||||
| 19 | Children's Health Insurance Program Act. The adoption of | ||||||
| 20 | emergency rules authorized by this subsection (k) shall be | ||||||
| 21 | deemed to be necessary for the public interest, safety, and | ||||||
| 22 | welfare.
| ||||||
| 23 | (l) In order to provide for the expeditious and timely | ||||||
| 24 | implementation of the provisions of the
State's fiscal year | ||||||
| 25 | 2007 budget, the Department of Healthcare and Family Services | ||||||
| 26 | may adopt emergency rules during fiscal year 2007, including | ||||||
| |||||||
| |||||||
| 1 | rules effective July 1, 2007, in
accordance with this | ||||||
| 2 | subsection to the extent necessary to administer the | ||||||
| 3 | Department's responsibilities with respect to amendments to | ||||||
| 4 | the State plans and Illinois waivers approved by the federal | ||||||
| 5 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 6 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| 7 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 8 | this subsection (l) shall be deemed to be necessary for the | ||||||
| 9 | public interest,
safety, and welfare.
| ||||||
| 10 | (m) In order to provide for the expeditious and timely | ||||||
| 11 | implementation of the provisions of the
State's fiscal year | ||||||
| 12 | 2008 budget, the Department of Healthcare and Family Services | ||||||
| 13 | may adopt emergency rules during fiscal year 2008, including | ||||||
| 14 | rules effective July 1, 2008, in
accordance with this | ||||||
| 15 | subsection to the extent necessary to administer the | ||||||
| 16 | Department's responsibilities with respect to amendments to | ||||||
| 17 | the State plans and Illinois waivers approved by the federal | ||||||
| 18 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 19 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| 20 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 21 | this subsection (m) shall be deemed to be necessary for the | ||||||
| 22 | public interest,
safety, and welfare.
| ||||||
| 23 | (n) In order to provide for the expeditious and timely | ||||||
| 24 | implementation of the provisions of the State's fiscal year | ||||||
| 25 | 2010 budget, emergency rules to implement any provision of this | ||||||
| 26 | amendatory Act of the 96th General Assembly or any other budget | ||||||
| |||||||
| |||||||
| 1 | initiative authorized by the 96th General Assembly for fiscal | ||||||
| 2 | year 2010 may be adopted in accordance with this Section by the | ||||||
| 3 | agency charged with administering that provision or | ||||||
| 4 | initiative. The adoption of emergency rules authorized by this | ||||||
| 5 | subsection (n) shall be deemed to be necessary for the public | ||||||
| 6 | interest, safety, and welfare. The rulemaking authority | ||||||
| 7 | granted in this subsection (n) shall apply only to rules | ||||||
| 8 | promulgated during Fiscal Year 2010. | ||||||
| 9 | (o) In order to provide for the expeditious and timely | ||||||
| 10 | implementation of the provisions of the State's fiscal year | ||||||
| 11 | 2011 budget, emergency rules to implement any provision of this | ||||||
| 12 | amendatory Act of the 96th General Assembly or any other budget | ||||||
| 13 | initiative authorized by the 96th General Assembly for fiscal | ||||||
| 14 | year 2011 may be adopted in accordance with this Section by the | ||||||
| 15 | agency charged with administering that provision or | ||||||
| 16 | initiative. The adoption of emergency rules authorized by this | ||||||
| 17 | subsection (o) is deemed to be necessary for the public | ||||||
| 18 | interest, safety, and welfare. The rulemaking authority | ||||||
| 19 | granted in this subsection (o) applies only to rules | ||||||
| 20 | promulgated on or after the effective date of this amendatory | ||||||
| 21 | Act of the 96th General Assembly through June 30, 2011. | ||||||
| 22 | (p) In order to provide for the expeditious and timely | ||||||
| 23 | implementation of the provisions of Public Act 97-689, | ||||||
| 24 | emergency rules to implement any provision of Public Act 97-689 | ||||||
| 25 | may be adopted in accordance with this subsection (p) by the | ||||||
| 26 | agency charged with administering that provision or | ||||||
| |||||||
| |||||||
| 1 | initiative. The 150-day limitation of the effective period of | ||||||
| 2 | emergency rules does not apply to rules adopted under this | ||||||
| 3 | subsection (p), and the effective period may continue through | ||||||
| 4 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
| 5 | emergency rules does not apply to rules adopted under this | ||||||
| 6 | subsection (p). The adoption of emergency rules authorized by | ||||||
| 7 | this subsection (p) is deemed to be necessary for the public | ||||||
| 8 | interest, safety, and welfare. | ||||||
| 9 | (q) In order to provide for the expeditious and timely | ||||||
| 10 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
| 11 | 12 of this amendatory Act of the 98th General Assembly, | ||||||
| 12 | emergency rules to implement any provision of Articles 7, 8, 9, | ||||||
| 13 | 11, and 12 of this amendatory Act of the 98th General Assembly | ||||||
| 14 | may be adopted in accordance with this subsection (q) by the | ||||||
| 15 | agency charged with administering that provision or | ||||||
| 16 | initiative. The 24-month limitation on the adoption of | ||||||
| 17 | emergency rules does not apply to rules adopted under this | ||||||
| 18 | subsection (q). The adoption of emergency rules authorized by | ||||||
| 19 | this subsection (q) is deemed to be necessary for the public | ||||||
| 20 | interest, safety, and welfare. | ||||||
| 21 | (r) In order to provide for the expeditious and timely | ||||||
| 22 | implementation of the provisions of this amendatory Act of the | ||||||
| 23 | 98th General Assembly, emergency rules to implement this | ||||||
| 24 | amendatory Act of the 98th General Assembly may be adopted in | ||||||
| 25 | accordance with this subsection (r) by the Department of | ||||||
| 26 | Healthcare and Family Services. The 24-month limitation on the | ||||||
| |||||||
| |||||||
| 1 | adoption of emergency rules does not apply to rules adopted | ||||||
| 2 | under this subsection (r). The adoption of emergency rules | ||||||
| 3 | authorized by this subsection (r) is deemed to be necessary for | ||||||
| 4 | the public interest, safety, and welfare. | ||||||
| 5 | (Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12; | ||||||
| 6 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
| 7 | 6-16-14.)
| ||||||
| 8 | (5 ILCS 100/5-146) | ||||||
| 9 | Sec. 5-146. Rule change; intellectual disability. Any | ||||||
| 10 | State agency with a rule that contains a reference to a the | ||||||
| 11 | term "mentally retarded person or similar reference shall amend | ||||||
| 12 | the text of the rule to contain a reference to a person with an | ||||||
| 13 | intellectual disability. Any State agency with a rule that | ||||||
| 14 | contains the term " or "mental retardation" shall amend the | ||||||
| 15 | text of the rule to substitute the term "intellectually | ||||||
| 16 | disabled" for "mentally retarded" and "intellectual | ||||||
| 17 | disability" for "mental retardation", and shall make any other | ||||||
| 18 | changes that may be necessary to conform to the changes made by | ||||||
| 19 | this amendatory Act of the 97th General Assembly.
| ||||||
| 20 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 21 | (5 ILCS 100/5-147) | ||||||
| 22 | Sec. 5-147. Rule change; physical disability. Any State | ||||||
| 23 | agency with a rule that contains a reference to a the term | ||||||
| 24 | "crippled person or similar reference shall amend the text of | ||||||
| |||||||
| |||||||
| 1 | the rule to contain a reference to a person with a physical | ||||||
| 2 | disability. Any State agency with a rule that contains the term | ||||||
| 3 | " or "crippling" to refer to a person with a physical | ||||||
| 4 | disability shall amend the text of the rule to substitute the | ||||||
| 5 | term "physically disabled" for "crippled" and "physical | ||||||
| 6 | disability" or "physically disabling", as appropriate, for | ||||||
| 7 | "crippling", and shall make any other changes that may be | ||||||
| 8 | necessary to conform to the changes made by this amendatory Act | ||||||
| 9 | of the 97th General Assembly.
| ||||||
| 10 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 11 | (5 ILCS 100/5-148 new) | ||||||
| 12 | Sec. 5-148. Rule change; persons with a disability. Any | ||||||
| 13 | State agency with a rule that contains the term "the physically | ||||||
| 14 | handicapped" or "the handicapped" or "handicapped persons" or | ||||||
| 15 | "handicapped individuals" or "handicapping condition" shall | ||||||
| 16 | amend the text of the rule to substitute the term "persons with | ||||||
| 17 | physical disabilities" for "the physically handicapped" and | ||||||
| 18 | "persons with disabilities" for "the handicapped" or | ||||||
| 19 | "handicapped persons" or "handicapped individuals" and | ||||||
| 20 | "disabling condition", as appropriate, for "handicapping | ||||||
| 21 | condition", and shall make any other changes that may be | ||||||
| 22 | necessary to conform to the changes made by this amendatory Act | ||||||
| 23 | of the 99th General Assembly.
| ||||||
| 24 | Section 15. The Illinois Public Labor Relations Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 3 as follows:
| ||||||
| 2 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| ||||||
| 3 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
| 4 | context
otherwise requires:
| ||||||
| 5 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
| 6 | with respect to a matter over which the
jurisdiction of the | ||||||
| 7 | Board is assigned to the State Panel or the Local Panel
under | ||||||
| 8 | Section 5, the panel having jurisdiction over the matter.
| ||||||
| 9 | (b) "Collective bargaining" means bargaining over terms | ||||||
| 10 | and conditions
of employment, including hours, wages, and other | ||||||
| 11 | conditions of employment,
as detailed in Section 7 and which | ||||||
| 12 | are not excluded by Section 4.
| ||||||
| 13 | (c) "Confidential employee" means an employee who, in the | ||||||
| 14 | regular course
of his or her duties, assists and acts in a | ||||||
| 15 | confidential capacity to persons
who formulate, determine, and | ||||||
| 16 | effectuate management policies with regard
to labor relations | ||||||
| 17 | or who, in the regular course of his or her duties, has
| ||||||
| 18 | authorized access to information relating to the effectuation
| ||||||
| 19 | or review of the employer's collective bargaining policies.
| ||||||
| 20 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
| 21 | persons, and their
apprentices and helpers.
| ||||||
| 22 | (e) "Essential services employees" means those public | ||||||
| 23 | employees
performing functions so essential that the | ||||||
| 24 | interruption or termination of
the function will constitute a | ||||||
| 25 | clear and present danger to the health and
safety of the | ||||||
| |||||||
| |||||||
| 1 | persons in the affected community.
| ||||||
| 2 | (f) "Exclusive representative", except with respect to | ||||||
| 3 | non-State fire
fighters and paramedics employed by fire | ||||||
| 4 | departments and fire protection
districts, non-State peace | ||||||
| 5 | officers, and peace officers in the
Department of State Police, | ||||||
| 6 | means the labor organization that has
been (i) designated by | ||||||
| 7 | the Board as the representative of a majority of public
| ||||||
| 8 | employees in an appropriate bargaining unit in accordance with | ||||||
| 9 | the procedures
contained in this Act, (ii) historically
| ||||||
| 10 | recognized by the State of Illinois or
any political | ||||||
| 11 | subdivision of the State before July 1, 1984
(the effective | ||||||
| 12 | date of this
Act) as the exclusive representative of the | ||||||
| 13 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
| 14 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
| 15 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
| 16 | organization has been designated as the exclusive | ||||||
| 17 | representative by a
majority of the employees in an appropriate | ||||||
| 18 | bargaining unit;
(iv) recognized as the exclusive | ||||||
| 19 | representative of personal
assistants under Executive Order | ||||||
| 20 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
| 21 | the 93rd General Assembly, and the organization shall be | ||||||
| 22 | considered to
be the
exclusive representative of the personal | ||||||
| 23 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
| 24 | exclusive representative of child and day care home providers, | ||||||
| 25 | including licensed and license exempt providers, pursuant to an | ||||||
| 26 | election held under Executive Order 2005-1 prior to the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory Act of the 94th General | ||||||
| 2 | Assembly, and the organization shall be considered to be the | ||||||
| 3 | exclusive representative of the child and day care home | ||||||
| 4 | providers as defined in this Section.
| ||||||
| 5 | With respect to non-State fire fighters and paramedics | ||||||
| 6 | employed by fire
departments and fire protection districts, | ||||||
| 7 | non-State peace officers, and
peace officers in the Department | ||||||
| 8 | of State Police,
"exclusive representative" means the labor | ||||||
| 9 | organization that has
been (i) designated by the Board as the | ||||||
| 10 | representative of a majority of peace
officers or fire fighters | ||||||
| 11 | in an appropriate bargaining unit in accordance
with the | ||||||
| 12 | procedures contained in this Act, (ii)
historically recognized
| ||||||
| 13 | by the State of Illinois or any political subdivision of the | ||||||
| 14 | State before
January 1, 1986 (the effective date of this | ||||||
| 15 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
| 16 | majority of the peace officers or fire fighters in an
| ||||||
| 17 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
| 18 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
| 19 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
| 20 | labor organization has been designated as the exclusive
| ||||||
| 21 | representative by a majority of the peace officers or fire | ||||||
| 22 | fighters in an
appropriate bargaining unit.
| ||||||
| 23 | Where a historical pattern of representation exists for the | ||||||
| 24 | workers of a water system that was owned by a public utility, | ||||||
| 25 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
| 26 | to becoming certified employees of a municipality or | ||||||
| |||||||
| |||||||
| 1 | municipalities once the municipality or municipalities have | ||||||
| 2 | acquired the water system as authorized in Section 11-124-5 of | ||||||
| 3 | the Illinois Municipal Code, the Board shall find the labor | ||||||
| 4 | organization that has historically represented the workers to | ||||||
| 5 | be the exclusive representative under this Act, and shall find | ||||||
| 6 | the unit represented by the exclusive representative to be the | ||||||
| 7 | appropriate unit. | ||||||
| 8 | (g) "Fair share agreement" means an agreement between the | ||||||
| 9 | employer and
an employee organization under which all or any of | ||||||
| 10 | the employees in a
collective bargaining unit are required to | ||||||
| 11 | pay their proportionate share of
the costs of the collective | ||||||
| 12 | bargaining process, contract administration, and
pursuing | ||||||
| 13 | matters affecting wages, hours, and other conditions of | ||||||
| 14 | employment,
but not to exceed the amount of dues uniformly | ||||||
| 15 | required of members. The
amount certified by the exclusive | ||||||
| 16 | representative shall not include any fees
for contributions | ||||||
| 17 | related to the election or support of any candidate for
| ||||||
| 18 | political office. Nothing in this subsection (g) shall
preclude | ||||||
| 19 | an employee from making
voluntary political contributions in | ||||||
| 20 | conjunction with his or her fair share
payment.
| ||||||
| 21 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
| 22 | only, any
person who has been or is hereafter appointed to a | ||||||
| 23 | fire department or fire
protection district or employed by a | ||||||
| 24 | state university and sworn or
commissioned to perform fire | ||||||
| 25 | fighter duties or paramedic duties, except that the
following | ||||||
| 26 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
| |||||||
| |||||||
| 1 | reserve or voluntary fire fighters, including paid on-call fire
| ||||||
| 2 | fighters, clerks and dispatchers or other civilian employees of | ||||||
| 3 | a fire
department or fire protection district who are not | ||||||
| 4 | routinely expected to
perform fire fighter duties, or elected | ||||||
| 5 | officials.
| ||||||
| 6 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
| 7 | legislative branch of the government of the State of Illinois, | ||||||
| 8 | as provided
for under Article IV of the Constitution of the | ||||||
| 9 | State of Illinois, and
includes but is not limited to the House | ||||||
| 10 | of Representatives, the Senate,
the Speaker of the House of | ||||||
| 11 | Representatives, the Minority Leader of the
House of | ||||||
| 12 | Representatives, the President of the Senate, the Minority | ||||||
| 13 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
| 14 | Support Services and any
legislative support services agency | ||||||
| 15 | listed in the Legislative Commission
Reorganization Act of | ||||||
| 16 | 1984.
| ||||||
| 17 | (h) "Governing body" means, in the case of the State, the | ||||||
| 18 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
| 19 | of the Department of Central
Management Services, and the | ||||||
| 20 | Director of the Department of Labor; the county
board in the | ||||||
| 21 | case of a county; the corporate authorities in the case of a
| ||||||
| 22 | municipality; and the appropriate body authorized to provide | ||||||
| 23 | for expenditures
of its funds in the case of any other unit of | ||||||
| 24 | government.
| ||||||
| 25 | (i) "Labor organization" means any organization in which | ||||||
| 26 | public employees
participate and that exists for the purpose, | ||||||
| |||||||
| |||||||
| 1 | in whole or in part, of dealing
with a public employer | ||||||
| 2 | concerning wages, hours, and other terms and conditions
of | ||||||
| 3 | employment, including the settlement of grievances.
| ||||||
| 4 | (i-5) "Legislative liaison" means a person who is an | ||||||
| 5 | employee of a State agency, the Attorney General, the Secretary | ||||||
| 6 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
| 7 | be, and whose job duties require the person to regularly | ||||||
| 8 | communicate in the course of his or her employment with any | ||||||
| 9 | official or staff of the General Assembly of the State of | ||||||
| 10 | Illinois for the purpose of influencing any legislative action. | ||||||
| 11 | (j) "Managerial employee" means an individual who is | ||||||
| 12 | engaged
predominantly in executive and management functions | ||||||
| 13 | and is charged with the
responsibility of directing the | ||||||
| 14 | effectuation of management policies
and practices. With | ||||||
| 15 | respect only to State employees in positions under the | ||||||
| 16 | jurisdiction of the Attorney General, Secretary of State, | ||||||
| 17 | Comptroller, or Treasurer (i) that were certified in a | ||||||
| 18 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
| 19 | petition is filed with the Illinois Public Labor Relations | ||||||
| 20 | Board on or after April 5, 2013 (the effective date of Public | ||||||
| 21 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
| 22 | the Illinois Public Labor Relations Board on that date, | ||||||
| 23 | "managerial employee" means an individual who is engaged in | ||||||
| 24 | executive and management functions or who is charged with the | ||||||
| 25 | effectuation of management policies and practices or who | ||||||
| 26 | represents management interests by taking or recommending | ||||||
| |||||||
| |||||||
| 1 | discretionary actions that effectively control or implement | ||||||
| 2 | policy. Nothing in this definition prohibits an individual from | ||||||
| 3 | also meeting the definition of "supervisor" under subsection | ||||||
| 4 | (r) of this Section.
| ||||||
| 5 | (k) "Peace officer" means, for the purposes of this Act | ||||||
| 6 | only, any
persons who have been or are hereafter appointed to a | ||||||
| 7 | police force,
department, or agency and sworn or commissioned | ||||||
| 8 | to perform police duties,
except that the following persons are | ||||||
| 9 | not
included: part-time police
officers, special police | ||||||
| 10 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
| 11 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
| 12 | police",
court security officers as defined by Section 3-6012.1 | ||||||
| 13 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
| 14 | wardens, civilian parking meter and
parking facilities | ||||||
| 15 | personnel or other individuals specially appointed to
aid or | ||||||
| 16 | direct traffic at or near schools or public functions or to aid | ||||||
| 17 | in
civil defense or disaster, parking enforcement employees who | ||||||
| 18 | are not
commissioned as peace officers and who are not armed | ||||||
| 19 | and who are not
routinely expected to effect arrests, parking | ||||||
| 20 | lot attendants, clerks and
dispatchers or other civilian | ||||||
| 21 | employees of a police department who are not
routinely expected | ||||||
| 22 | to effect arrests, or elected officials.
| ||||||
| 23 | (l) "Person" includes one or more individuals, labor | ||||||
| 24 | organizations, public
employees, associations, corporations, | ||||||
| 25 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
| 26 | receivers, or the State of Illinois or any political
| ||||||
| |||||||
| |||||||
| 1 | subdivision of the State or governing body, but does not | ||||||
| 2 | include the General
Assembly of the State of Illinois or any | ||||||
| 3 | individual employed by the General
Assembly of the State of | ||||||
| 4 | Illinois.
| ||||||
| 5 | (m) "Professional employee" means any employee engaged in | ||||||
| 6 | work predominantly
intellectual and varied in character rather | ||||||
| 7 | than routine mental, manual,
mechanical or physical work; | ||||||
| 8 | involving the consistent exercise of discretion
and adjustment | ||||||
| 9 | in its performance; of such a character that the output | ||||||
| 10 | produced
or the result accomplished cannot be standardized in | ||||||
| 11 | relation to a given
period of time; and requiring advanced | ||||||
| 12 | knowledge in a field of science or
learning customarily | ||||||
| 13 | acquired by a prolonged course of specialized intellectual
| ||||||
| 14 | instruction and study in an institution of higher learning or a | ||||||
| 15 | hospital,
as distinguished from a general academic education or | ||||||
| 16 | from apprenticeship
or from training in the performance of | ||||||
| 17 | routine mental, manual, or physical
processes; or any employee | ||||||
| 18 | who has completed the courses of specialized
intellectual | ||||||
| 19 | instruction and study prescribed in this subsection (m) and is
| ||||||
| 20 | performing related
work under the supervision of a professional | ||||||
| 21 | person to qualify to become
a professional employee as defined | ||||||
| 22 | in this subsection (m).
| ||||||
| 23 | (n) "Public employee" or "employee", for the purposes of | ||||||
| 24 | this Act, means
any individual employed by a public employer, | ||||||
| 25 | including (i) interns and residents
at public hospitals, (ii) | ||||||
| 26 | as of the effective date of this amendatory Act of the 93rd | ||||||
| |||||||
| |||||||
| 1 | General
Assembly, but not
before, personal assistants working | ||||||
| 2 | under the Home
Services
Program under Section 3 of the | ||||||
| 3 | Rehabilitation of Persons with Disabilities Disabled Persons | ||||||
| 4 | Rehabilitation Act, subject to
the
limitations set forth in | ||||||
| 5 | this Act and in the Rehabilitation of Persons with Disabilities | ||||||
| 6 | Disabled Persons Rehabilitation
Act,
(iii) as of the effective | ||||||
| 7 | date of this amendatory Act of the 94th General Assembly, but | ||||||
| 8 | not before, child and day care home providers participating in | ||||||
| 9 | the child care assistance program under Section 9A-11 of the | ||||||
| 10 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
| 11 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
| 12 | Code, (iv) as of January 29, 2013 (the effective date of Public | ||||||
| 13 | Act 97-1158), but not before except as otherwise provided in | ||||||
| 14 | this subsection (n), home care and home health workers who | ||||||
| 15 | function as personal assistants and individual maintenance | ||||||
| 16 | home health workers and who also work under the Home Services | ||||||
| 17 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
| 18 | Disabilities Disabled Persons Rehabilitation Act, no matter | ||||||
| 19 | whether the State provides those services through direct | ||||||
| 20 | fee-for-service arrangements, with the assistance of a managed | ||||||
| 21 | care organization or other intermediary, or otherwise, (v) | ||||||
| 22 | beginning on the effective date of this amendatory Act of the | ||||||
| 23 | 98th General Assembly and notwithstanding any other provision | ||||||
| 24 | of this Act, any person employed by a public employer and who | ||||||
| 25 | is classified as or who holds the employment title of Chief | ||||||
| 26 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
| |||||||
| |||||||
| 1 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
| 2 | Engineer, Plant Operating Engineer, and any other employee who | ||||||
| 3 | holds the position of: Civil Engineer V, Civil Engineer VI, | ||||||
| 4 | Civil Engineer VII, Technical Manager I, Technical Manager II, | ||||||
| 5 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
| 6 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
| 7 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
| 8 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
| 9 | IV, or Technical Advisor V employed by the Department of | ||||||
| 10 | Transportation who is in a position which is certified in a | ||||||
| 11 | bargaining unit on or before the effective date of this | ||||||
| 12 | amendatory Act of the 98th General Assembly, and (vi) beginning | ||||||
| 13 | on the effective date of this amendatory Act of the 98th | ||||||
| 14 | General Assembly and notwithstanding any other provision of | ||||||
| 15 | this Act, any mental health administrator in the Department of | ||||||
| 16 | Corrections who is classified as or who holds the position of | ||||||
| 17 | Public Service Administrator (Option 8K), any employee of the | ||||||
| 18 | Office of the Inspector General in the Department of Human | ||||||
| 19 | Services who is classified as or who holds the position of | ||||||
| 20 | Public Service Administrator (Option 7), any Deputy of | ||||||
| 21 | Intelligence in the Department of Corrections who is classified | ||||||
| 22 | as or who holds the position of Public Service Administrator | ||||||
| 23 | (Option 7), and any employee of the Department of State Police | ||||||
| 24 | who handles issues concerning the Illinois State Police Sex | ||||||
| 25 | Offender Registry and who is classified as or holds the | ||||||
| 26 | position of Public Service Administrator (Option 7), but | ||||||
| |||||||
| |||||||
| 1 | excluding all of the following: employees of the
General | ||||||
| 2 | Assembly of the State of Illinois; elected officials; executive
| ||||||
| 3 | heads of a department; members of boards or commissions; the | ||||||
| 4 | Executive
Inspectors General; any special Executive Inspectors | ||||||
| 5 | General; employees of each
Office of an Executive Inspector | ||||||
| 6 | General;
commissioners and employees of the Executive Ethics | ||||||
| 7 | Commission; the Auditor
General's Inspector General; employees | ||||||
| 8 | of the Office of the Auditor General's
Inspector General; the | ||||||
| 9 | Legislative Inspector General; any special Legislative
| ||||||
| 10 | Inspectors General; employees of the Office
of the Legislative | ||||||
| 11 | Inspector General;
commissioners and employees of the | ||||||
| 12 | Legislative Ethics Commission;
employees
of any
agency, board | ||||||
| 13 | or commission created by this Act; employees appointed to
State | ||||||
| 14 | positions of a temporary or emergency nature; all employees of | ||||||
| 15 | school
districts and higher education institutions except | ||||||
| 16 | firefighters and peace
officers employed
by a state university | ||||||
| 17 | and except peace officers employed by a school district in its | ||||||
| 18 | own police department in existence on the effective date of | ||||||
| 19 | this amendatory Act of the 96th General Assembly; managerial | ||||||
| 20 | employees; short-term employees; legislative liaisons; a | ||||||
| 21 | person who is a State employee under the jurisdiction of the | ||||||
| 22 | Office of the Attorney General who is licensed to practice law | ||||||
| 23 | or whose position authorizes, either directly or indirectly, | ||||||
| 24 | meaningful input into government decision-making on issues | ||||||
| 25 | where there is room for principled disagreement on goals or | ||||||
| 26 | their implementation; a person who is a State employee under | ||||||
| |||||||
| |||||||
| 1 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
| 2 | position of Public Service Administrator or whose position is | ||||||
| 3 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
| 4 | person who is a State employee under the jurisdiction of the | ||||||
| 5 | Secretary of State who holds the position classification of | ||||||
| 6 | Executive I or higher, whose position authorizes, either | ||||||
| 7 | directly or indirectly, meaningful input into government | ||||||
| 8 | decision-making on issues where there is room for principled | ||||||
| 9 | disagreement on goals or their implementation, or who is | ||||||
| 10 | otherwise exempt under the Secretary of State Merit Employment | ||||||
| 11 | Code; employees in the Office of the Secretary of State who are | ||||||
| 12 | completely exempt from jurisdiction B of the Secretary of State | ||||||
| 13 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
| 14 | or after April 5, 2013 (the effective date of Public Act | ||||||
| 15 | 97-1172); a person who is a State employee under the | ||||||
| 16 | jurisdiction of the Treasurer who holds a position that is | ||||||
| 17 | exempt from the State Treasurer Employment Code; any employee | ||||||
| 18 | of a State agency who (i) holds the title or position of, or | ||||||
| 19 | exercises substantially similar duties as a legislative | ||||||
| 20 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
| 21 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
| 22 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
| 23 | Information Officer, or Chief Information Officer and (ii) was | ||||||
| 24 | neither included in a bargaining unit nor subject to an active | ||||||
| 25 | petition for certification in a bargaining unit; any employee | ||||||
| 26 | of a State agency who (i) is in a position that is | ||||||
| |||||||
| |||||||
| 1 | Rutan-exempt, as designated by the employer, and completely | ||||||
| 2 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
| 3 | neither included in a bargaining unit nor subject to an active | ||||||
| 4 | petition for certification in a bargaining unit; any term | ||||||
| 5 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
| 6 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
| 7 | bargaining unit nor subject to an active petition for | ||||||
| 8 | certification in a bargaining unit; any employment position | ||||||
| 9 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
| 10 | confidential employees; independent contractors; and | ||||||
| 11 | supervisors except as
provided in this Act.
| ||||||
| 12 | Home care
and home health workers who function as personal | ||||||
| 13 | assistants and individual maintenance home health workers and | ||||||
| 14 | who also work under the Home Services Program under Section 3 | ||||||
| 15 | of the Rehabilitation of Persons with Disabilities Disabled | ||||||
| 16 | Persons Rehabilitation Act shall not be considered
public
| ||||||
| 17 | employees for any purposes not specifically provided for in | ||||||
| 18 | Public Act 93-204 or Public Act 97-1158, including but not | ||||||
| 19 | limited to, purposes of vicarious
liability in tort
and | ||||||
| 20 | purposes of statutory retirement or health insurance benefits. | ||||||
| 21 | Home care and home health workers who function as personal | ||||||
| 22 | assistants and individual maintenance home health workers and | ||||||
| 23 | who also work under the Home Services Program under Section 3 | ||||||
| 24 | of the Rehabilitation of Persons with Disabilities Disabled | ||||||
| 25 | Persons Rehabilitation Act shall not be covered by the State | ||||||
| 26 | Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
| |||||||
| |||||||
| 1 | Child and day care home providers shall not be considered | ||||||
| 2 | public employees for any purposes not specifically provided for | ||||||
| 3 | in this amendatory Act of the 94th General Assembly, including | ||||||
| 4 | but not limited to, purposes of vicarious liability in tort and | ||||||
| 5 | purposes of statutory retirement or health insurance benefits. | ||||||
| 6 | Child and day care home providers shall not be covered by the | ||||||
| 7 | State Employees Group Insurance Act of 1971. | ||||||
| 8 | Notwithstanding Section 9, subsection (c), or any other | ||||||
| 9 | provisions of
this Act, all peace officers above the rank of | ||||||
| 10 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
| 11 | shall be excluded
from this Act.
| ||||||
| 12 | (o) Except as otherwise in subsection (o-5), "public | ||||||
| 13 | employer" or "employer" means the State of Illinois; any
| ||||||
| 14 | political subdivision of the State, unit of local government or | ||||||
| 15 | school
district; authorities including departments, divisions, | ||||||
| 16 | bureaus, boards,
commissions, or other agencies of the | ||||||
| 17 | foregoing entities; and any person
acting within the scope of | ||||||
| 18 | his or her authority, express or implied, on
behalf of those | ||||||
| 19 | entities in dealing with its employees.
As of the effective | ||||||
| 20 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
| 21 | not
before, the State of Illinois shall be considered the | ||||||
| 22 | employer of the personal assistants working under the Home | ||||||
| 23 | Services Program
under
Section 3 of the Rehabilitation of | ||||||
| 24 | Persons with Disabilities Disabled Persons Rehabilitation Act, | ||||||
| 25 | subject to the
limitations set forth
in this Act and in the | ||||||
| 26 | Rehabilitation of Persons with Disabilities Disabled Persons | ||||||
| |||||||
| |||||||
| 1 | Rehabilitation Act. As of January 29, 2013 (the effective date | ||||||
| 2 | of Public Act 97-1158), but not before except as otherwise | ||||||
| 3 | provided in this subsection (o), the State shall be considered | ||||||
| 4 | the employer of home care and home health workers who function | ||||||
| 5 | as personal assistants and individual maintenance home health | ||||||
| 6 | workers and who also work under the Home Services Program under | ||||||
| 7 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
| 8 | Disabled Persons Rehabilitation Act, no matter whether the | ||||||
| 9 | State provides those services through direct fee-for-service | ||||||
| 10 | arrangements, with the assistance of a managed care | ||||||
| 11 | organization or other intermediary, or otherwise, but subject | ||||||
| 12 | to the limitations set forth in this Act and the Rehabilitation | ||||||
| 13 | of Persons with Disabilities Disabled Persons Rehabilitation | ||||||
| 14 | Act. The State shall not
be
considered to be the employer of | ||||||
| 15 | home care and home health workers who function as personal
| ||||||
| 16 | assistants and individual maintenance home health workers and | ||||||
| 17 | who also work under the Home Services Program under Section 3 | ||||||
| 18 | of the Rehabilitation of Persons with Disabilities Disabled | ||||||
| 19 | Persons Rehabilitation Act, for any
purposes not specifically | ||||||
| 20 | provided for in Public Act 93-204 or Public Act 97-1158, | ||||||
| 21 | including but not limited to, purposes of vicarious liability | ||||||
| 22 | in tort
and
purposes of statutory retirement or health | ||||||
| 23 | insurance benefits. Home care and home health workers who | ||||||
| 24 | function as
personal assistants and individual maintenance | ||||||
| 25 | home health workers and who also work under the Home Services | ||||||
| 26 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
| |||||||
| |||||||
| 1 | Disabilities Disabled Persons Rehabilitation Act shall not be | ||||||
| 2 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
| 3 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
| 4 | the 94th General Assembly but not before, the State of Illinois | ||||||
| 5 | shall be considered the employer of the day and child care home | ||||||
| 6 | providers participating in the child care assistance program | ||||||
| 7 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
| 8 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
| 9 | the Illinois Public Aid Code. The State shall not be considered | ||||||
| 10 | to be the employer of child and day care home providers for any | ||||||
| 11 | purposes not specifically provided for in this amendatory Act | ||||||
| 12 | of the 94th General Assembly, including but not limited to, | ||||||
| 13 | purposes of vicarious liability in tort and purposes of | ||||||
| 14 | statutory retirement or health insurance benefits. Child and | ||||||
| 15 | day care home providers shall not be covered by the State | ||||||
| 16 | Employees Group Insurance Act of 1971. | ||||||
| 17 | "Public employer" or
"employer" as used in this Act, | ||||||
| 18 | however, does not
mean and shall not include the General | ||||||
| 19 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
| 20 | Commission, the Offices of the Executive Inspectors
General, | ||||||
| 21 | the Legislative Ethics Commission, the Office of the | ||||||
| 22 | Legislative
Inspector General, the Office of the Auditor | ||||||
| 23 | General's Inspector General, the Office of the Governor, the | ||||||
| 24 | Governor's Office of Management and Budget, the Illinois | ||||||
| 25 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
| 26 | State Board of Elections, and educational employers or | ||||||
| |||||||
| |||||||
| 1 | employers as defined in the Illinois
Educational Labor | ||||||
| 2 | Relations Act, except with respect to a state university in
its | ||||||
| 3 | employment of firefighters and peace officers and except with | ||||||
| 4 | respect to a school district in the employment of peace | ||||||
| 5 | officers in its own police department in existence on the | ||||||
| 6 | effective date of this amendatory Act of the 96th General | ||||||
| 7 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
| 8 | as joint or co-employers of county peace officers appointed
| ||||||
| 9 | under the authority of a county sheriff. Nothing in this | ||||||
| 10 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
| 11 | the Local Panel
from determining that employers are joint or | ||||||
| 12 | co-employers.
| ||||||
| 13 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
| 14 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
| 15 | other conditions of
employment, the public employer of public | ||||||
| 16 | employees who are court reporters, as
defined in the Court | ||||||
| 17 | Reporters Act, shall be determined as
follows:
| ||||||
| 18 | (1) For court reporters employed by the Cook County | ||||||
| 19 | Judicial
Circuit, the chief judge of the Cook County | ||||||
| 20 | Circuit
Court is the public employer and employer | ||||||
| 21 | representative.
| ||||||
| 22 | (2) For court reporters employed by the 12th, 18th, | ||||||
| 23 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
| 24 | circuits, a group consisting of the chief judges of those | ||||||
| 25 | circuits, acting
jointly by majority vote, is the public | ||||||
| 26 | employer and employer representative.
| ||||||
| |||||||
| |||||||
| 1 | (3) For court reporters employed by all other judicial | ||||||
| 2 | circuits,
a group consisting of the chief judges of those | ||||||
| 3 | circuits, acting jointly by
majority vote, is the public | ||||||
| 4 | employer and employer representative.
| ||||||
| 5 | (p) "Security employee" means an employee who is | ||||||
| 6 | responsible for the
supervision and control of inmates at | ||||||
| 7 | correctional facilities. The term
also includes other | ||||||
| 8 | non-security employees in bargaining units having the
majority | ||||||
| 9 | of employees being responsible for the supervision and control | ||||||
| 10 | of
inmates at correctional facilities.
| ||||||
| 11 | (q) "Short-term employee" means an employee who is employed | ||||||
| 12 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
| 13 | year and who does
not have a reasonable assurance that he or | ||||||
| 14 | she will be rehired by the
same employer for the same service | ||||||
| 15 | in a subsequent calendar year.
| ||||||
| 16 | (q-5) "State agency" means an agency directly responsible | ||||||
| 17 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
| 18 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
| 19 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
| 20 | Civil Service Commission, the Pollution Control Board, the | ||||||
| 21 | Illinois Racing Board, and the Department of State Police Merit | ||||||
| 22 | Board. | ||||||
| 23 | (r) "Supervisor" is: | ||||||
| 24 | (1) An employee whose principal work is substantially
| ||||||
| 25 | different from that of his or her subordinates and who has | ||||||
| 26 | authority, in the
interest of the employer, to hire, | ||||||
| |||||||
| |||||||
| 1 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
| 2 | direct, reward, or discipline employees, to adjust
their | ||||||
| 3 | grievances, or to effectively recommend any of those | ||||||
| 4 | actions, if the
exercise
of that authority is not of a | ||||||
| 5 | merely routine or clerical nature, but
requires the | ||||||
| 6 | consistent use of independent judgment. Except with | ||||||
| 7 | respect to
police employment, the term "supervisor" | ||||||
| 8 | includes only those individuals
who devote a preponderance | ||||||
| 9 | of their employment time to exercising that
authority, | ||||||
| 10 | State supervisors notwithstanding. Nothing in this | ||||||
| 11 | definition prohibits an individual from also meeting the | ||||||
| 12 | definition of "managerial employee" under subsection (j) | ||||||
| 13 | of this Section. In addition, in determining
supervisory | ||||||
| 14 | status in police employment, rank shall not be | ||||||
| 15 | determinative.
The Board shall consider, as evidence of | ||||||
| 16 | bargaining unit inclusion or
exclusion, the common law | ||||||
| 17 | enforcement policies and relationships between
police | ||||||
| 18 | officer ranks and certification under applicable civil | ||||||
| 19 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
| 20 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
| 21 | factors shall not
be the sole or predominant factors | ||||||
| 22 | considered by the Board in determining
police supervisory | ||||||
| 23 | status.
| ||||||
| 24 | Notwithstanding the provisions of the preceding | ||||||
| 25 | paragraph, in determining
supervisory status in fire | ||||||
| 26 | fighter employment, no fire fighter shall be
excluded as a | ||||||
| |||||||
| |||||||
| 1 | supervisor who has established representation rights under
| ||||||
| 2 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
| 3 | employees shall
consist of fire fighters of the rank of | ||||||
| 4 | company officer and below. If a company officer otherwise | ||||||
| 5 | qualifies as a supervisor under the preceding paragraph, | ||||||
| 6 | however, he or she shall
not be included in the fire | ||||||
| 7 | fighter
unit. If there is no rank between that of chief and | ||||||
| 8 | the
highest company officer, the employer may designate a | ||||||
| 9 | position on each
shift as a Shift Commander, and the | ||||||
| 10 | persons occupying those positions shall
be supervisors. | ||||||
| 11 | All other ranks above that of company officer shall be
| ||||||
| 12 | supervisors.
| ||||||
| 13 | (2) With respect only to State employees in positions | ||||||
| 14 | under the jurisdiction of the Attorney General, Secretary | ||||||
| 15 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
| 16 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
| 17 | which a petition is filed with the Illinois Public Labor | ||||||
| 18 | Relations Board on or after April 5, 2013 (the effective | ||||||
| 19 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
| 20 | is pending before the Illinois Public Labor Relations Board | ||||||
| 21 | on that date, an employee who qualifies as a supervisor | ||||||
| 22 | under (A) Section 152 of the National Labor Relations Act | ||||||
| 23 | and (B) orders of the National Labor Relations Board | ||||||
| 24 | interpreting that provision or decisions of courts | ||||||
| 25 | reviewing decisions of the National Labor Relations Board. | ||||||
| 26 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
| |||||||
| |||||||
| 1 | held by
employees whose collective interests may suitably be | ||||||
| 2 | represented by a labor
organization for collective bargaining. | ||||||
| 3 | Except with respect to non-State fire
fighters and paramedics | ||||||
| 4 | employed by fire departments and fire protection
districts, | ||||||
| 5 | non-State peace officers, and peace officers in the Department | ||||||
| 6 | of
State Police, a bargaining unit determined by the Board | ||||||
| 7 | shall not include both
employees and supervisors, or | ||||||
| 8 | supervisors only, except as provided in paragraph
(2) of this | ||||||
| 9 | subsection (s) and except for bargaining units in existence on | ||||||
| 10 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
| 11 | non-State fire
fighters and paramedics employed by fire | ||||||
| 12 | departments and fire protection
districts, non-State peace | ||||||
| 13 | officers, and peace officers in the Department of
State Police, | ||||||
| 14 | a bargaining unit determined by the Board shall not include | ||||||
| 15 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
| 16 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
| 17 | except for bargaining units in
existence on January 1, 1986 | ||||||
| 18 | (the effective date of this amendatory Act of
1985). A | ||||||
| 19 | bargaining unit determined by the Board to contain peace | ||||||
| 20 | officers
shall contain no employees other than peace officers | ||||||
| 21 | unless otherwise agreed to
by the employer and the labor | ||||||
| 22 | organization or labor organizations involved.
Notwithstanding | ||||||
| 23 | any other provision of this Act, a bargaining unit, including a
| ||||||
| 24 | historical bargaining unit, containing sworn peace officers of | ||||||
| 25 | the Department
of Natural Resources (formerly designated the | ||||||
| 26 | Department of Conservation) shall
contain no employees other | ||||||
| |||||||
| |||||||
| 1 | than such sworn peace officers upon the effective
date of this | ||||||
| 2 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
| 3 | collective bargaining agreement in effect upon the effective | ||||||
| 4 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
| 5 | peace officers and other
employees.
| ||||||
| 6 | (2) Notwithstanding the exclusion of supervisors from | ||||||
| 7 | bargaining units
as provided in paragraph (1) of this | ||||||
| 8 | subsection (s), a public
employer may agree to permit its | ||||||
| 9 | supervisory employees to form bargaining units
and may bargain | ||||||
| 10 | with those units. This Act shall apply if the public employer
| ||||||
| 11 | chooses to bargain under this subsection.
| ||||||
| 12 | (3) Public employees who are court reporters, as defined
in | ||||||
| 13 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
| 14 | collective bargaining purposes. One unit
shall be court | ||||||
| 15 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
| 16 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
| 17 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
| 18 | and one unit shall be court reporters employed by all other
| ||||||
| 19 | judicial circuits.
| ||||||
| 20 | (t) "Active petition for certification in a bargaining | ||||||
| 21 | unit" means a petition for certification filed with the Board | ||||||
| 22 | under one of the following case numbers: S-RC-11-110; | ||||||
| 23 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
| 24 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
| 25 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
| 26 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
| |||||||
| |||||||
| 1 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
| 2 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
| 3 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
| 4 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
| 5 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
| 6 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
| 7 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
| 8 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
| 9 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
| 10 | S-RC-07-100. | ||||||
| 11 | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | ||||||
| 12 | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | ||||||
| 13 | 8-18-14.)
| ||||||
| 14 | Section 20. The Voluntary Payroll Deductions Act of 1983 is | ||||||
| 15 | amended by changing Section 3 as follows:
| ||||||
| 16 | (5 ILCS 340/3) (from Ch. 15, par. 503)
| ||||||
| 17 | Sec. 3. Definitions. As used in this Act unless the context | ||||||
| 18 | otherwise
requires:
| ||||||
| 19 | (a) "Employee" means any regular officer or employee who | ||||||
| 20 | receives salary
or wages for personal services rendered to the | ||||||
| 21 | State of Illinois, and
includes an individual hired as an | ||||||
| 22 | employee by contract with that individual.
| ||||||
| 23 | (b) "Qualified organization" means an organization | ||||||
| 24 | representing one or
more benefiting agencies, which | ||||||
| |||||||
| |||||||
| 1 | organization is designated by the State
Comptroller as | ||||||
| 2 | qualified to receive payroll deductions under this Act.
An | ||||||
| 3 | organization desiring to be designated as a qualified | ||||||
| 4 | organization shall:
| ||||||
| 5 | (1) Submit written or electronic designations on forms | ||||||
| 6 | approved by the State Comptroller
by 500 or more employees | ||||||
| 7 | or State annuitants, in which such employees
or State | ||||||
| 8 | annuitants indicate that the organization is one for which | ||||||
| 9 | the
employee or State annuitant intends to authorize | ||||||
| 10 | withholding. The forms
shall require the name, last 4 | ||||||
| 11 | digits only of the social security number,
and employing | ||||||
| 12 | State agency
for
each employee. Upon notification by the | ||||||
| 13 | Comptroller that such forms have been
approved, the | ||||||
| 14 | organization shall, within 30 days, notify in writing the
| ||||||
| 15 | Governor or his or her designee of its intention to obtain | ||||||
| 16 | the required
number of designations. Such organization | ||||||
| 17 | shall have 12 months from that
date to obtain the necessary
| ||||||
| 18 | designations and return to the State Comptroller's office | ||||||
| 19 | the completed
designations, which shall
be subject to | ||||||
| 20 | verification procedures established by the State | ||||||
| 21 | Comptroller;
| ||||||
| 22 | (2) Certify that all benefiting agencies are tax exempt | ||||||
| 23 | under Section
501(c)(3) of the Internal Revenue Code;
| ||||||
| 24 | (3) Certify that all benefiting agencies are in | ||||||
| 25 | compliance with the
Illinois Human Rights Act;
| ||||||
| 26 | (4) Certify that all benefiting agencies are in | ||||||
| |||||||
| |||||||
| 1 | compliance with
the Charitable Trust Act and the | ||||||
| 2 | Solicitation for Charity Act;
| ||||||
| 3 | (5) Certify that all benefiting agencies actively | ||||||
| 4 | conduct health or
welfare programs and provide services to | ||||||
| 5 | individuals directed at one or
more of the following common | ||||||
| 6 | human needs within a community: service,
research, and | ||||||
| 7 | education in the health fields; family and child care
| ||||||
| 8 | services; protective services for children and adults; | ||||||
| 9 | services for
children and adults in foster care; services | ||||||
| 10 | related to the management and
maintenance of the home; day | ||||||
| 11 | care services for adults; transportation
services; | ||||||
| 12 | information, referral and counseling services; services to
| ||||||
| 13 | eliminate illiteracy; the preparation and delivery of | ||||||
| 14 | meals; adoption
services; emergency shelter care and | ||||||
| 15 | relief services; disaster relief services;
safety | ||||||
| 16 | services; neighborhood and community organization | ||||||
| 17 | services; recreation
services; social adjustment and | ||||||
| 18 | rehabilitation services; health support
services; or a | ||||||
| 19 | combination of such services designed to meet the special
| ||||||
| 20 | needs of specific groups, such as children and youth, the | ||||||
| 21 | ill and infirm,
and persons with physical disabilities the | ||||||
| 22 | physically handicapped; and that all such benefiting | ||||||
| 23 | agencies
provide the above described services to | ||||||
| 24 | individuals and their families
in the community and | ||||||
| 25 | surrounding area in which the organization conducts
its | ||||||
| 26 | fund drive, or that such benefiting agencies provide relief | ||||||
| |||||||
| |||||||
| 1 | to victims
of natural disasters and other emergencies on a | ||||||
| 2 | where and as needed basis;
| ||||||
| 3 | (6) Certify that the organization has disclosed the | ||||||
| 4 | percentage of
the organization's total collected receipts | ||||||
| 5 | from employees or State
annuitants that are distributed to | ||||||
| 6 | the benefiting agencies and the
percentage of the | ||||||
| 7 | organization's total collected receipts from employees
or | ||||||
| 8 | State annuitants that are expended
for fund-raising and | ||||||
| 9 | overhead costs. These percentages shall be the same
| ||||||
| 10 | percentage figures annually disclosed by the organization | ||||||
| 11 | to the Attorney
General. The disclosure shall be made to | ||||||
| 12 | all solicited employees and State
annuitants and shall
be | ||||||
| 13 | in the form of a factual statement on all petitions and in | ||||||
| 14 | the campaign's
brochures for employees and State | ||||||
| 15 | annuitants;
| ||||||
| 16 | (7) Certify that all benefiting agencies receiving | ||||||
| 17 | funds which the
employee or State annuitant has requested | ||||||
| 18 | or designated for distribution
to a particular community | ||||||
| 19 | and surrounding area use a majority of such funds
| ||||||
| 20 | distributed for services in the actual provision of | ||||||
| 21 | services in that community
and surrounding area;
| ||||||
| 22 | (8) Certify that neither it nor its member | ||||||
| 23 | organizations will solicit
State employees for | ||||||
| 24 | contributions at their workplace, except pursuant to
this | ||||||
| 25 | Act and the rules promulgated thereunder. Each qualified
| ||||||
| 26 | organization, and each participating United Fund, is | ||||||
| |||||||
| |||||||
| 1 | encouraged
to cooperate with all others and with all State | ||||||
| 2 | agencies
and educational institutions so as to simplify | ||||||
| 3 | procedures, to resolve
differences and to minimize costs;
| ||||||
| 4 | (9) Certify that it will pay its share of the campaign | ||||||
| 5 | costs and will
comply with the Code of Campaign Conduct as | ||||||
| 6 | approved by the Governor or other
agency as designated by | ||||||
| 7 | the Governor; and
| ||||||
| 8 | (10) Certify that it maintains a year-round office, the | ||||||
| 9 | telephone number,
and person responsible for the | ||||||
| 10 | operations of the organization in Illinois.
That | ||||||
| 11 | information shall be provided to the State Comptroller at | ||||||
| 12 | the time the
organization is seeking participation under | ||||||
| 13 | this Act.
| ||||||
| 14 | Each qualified organization shall submit to the State | ||||||
| 15 | Comptroller between
January 1 and March 1 of each year, a | ||||||
| 16 | statement that the organization is in
compliance with all of | ||||||
| 17 | the requirements set forth in paragraphs (2) through
(10). The | ||||||
| 18 | State Comptroller shall exclude any organization that fails to
| ||||||
| 19 | submit the statement from the next solicitation period.
| ||||||
| 20 | In order to be designated as a qualified organization, the | ||||||
| 21 | organization shall
have existed at least 2 years prior to | ||||||
| 22 | submitting the written or electronic designation forms
| ||||||
| 23 | required in paragraph (1) and shall certify to the State | ||||||
| 24 | Comptroller that such
organization has been providing services | ||||||
| 25 | described in paragraph (5) in
Illinois. If the organization | ||||||
| 26 | seeking designation represents more than one
benefiting | ||||||
| |||||||
| |||||||
| 1 | agency, it need not have existed for 2 years but shall certify | ||||||
| 2 | to
the State Comptroller that each of its benefiting agencies | ||||||
| 3 | has existed for at
least 2 years prior to submitting the | ||||||
| 4 | written or electronic designation forms required in
paragraph | ||||||
| 5 | (1) and that each has been providing services described in | ||||||
| 6 | paragraph
(5) in Illinois.
| ||||||
| 7 | Organizations which have met the requirements of this Act | ||||||
| 8 | shall be
permitted to participate in the State and Universities | ||||||
| 9 | Combined Appeal as
of January 1st of the year immediately | ||||||
| 10 | following their approval by the
Comptroller.
| ||||||
| 11 | Where the certifications described in paragraphs (2), (3), | ||||||
| 12 | (4),
(5), (6), (7), (8), (9), and (10) above are made by an | ||||||
| 13 | organization
representing more than
one benefiting agency they | ||||||
| 14 | shall be based upon the knowledge and belief of
such qualified | ||||||
| 15 | organization. Any qualified organization shall immediately
| ||||||
| 16 | notify the State Comptroller in writing if the qualified | ||||||
| 17 | organization
receives information or otherwise believes that a | ||||||
| 18 | benefiting agency is no
longer in compliance with the | ||||||
| 19 | certification of the qualified organization.
A qualified | ||||||
| 20 | organization representing more than one benefiting agency | ||||||
| 21 | shall
thereafter withhold and refrain from distributing to such | ||||||
| 22 | benefiting agency
those funds received pursuant to this Act | ||||||
| 23 | until the benefiting agency is
again in compliance with the | ||||||
| 24 | qualified organization's certification. The
qualified | ||||||
| 25 | organization shall immediately notify the State Comptroller of
| ||||||
| 26 | the benefiting agency's resumed compliance with the | ||||||
| |||||||
| |||||||
| 1 | certification, based
upon the qualified organization's | ||||||
| 2 | knowledge and belief, and shall pay over
to the benefiting | ||||||
| 3 | agency those funds previously withheld.
| ||||||
| 4 | In order to qualify, a qualified organization must receive | ||||||
| 5 | 250 deduction pledges from the immediately preceding | ||||||
| 6 | solicitation period as set forth in Section 6. The Comptroller | ||||||
| 7 | shall, by February 1st of each year, so notify any
qualified | ||||||
| 8 | organization that failed to receive the minimum deduction | ||||||
| 9 | requirement. The notification shall give such qualified
| ||||||
| 10 | organization until March 1st to provide the Comptroller with | ||||||
| 11 | documentation
that the minimum deduction requirement has been | ||||||
| 12 | met. On the basis of all the
documentation, the Comptroller | ||||||
| 13 | shall, by March 15th of each year, submit to
the Governor or | ||||||
| 14 | his or her designee, or such other agency as may be
determined | ||||||
| 15 | by the Governor, a list of all organizations which have met the | ||||||
| 16 | minimum
payroll deduction requirement. Only those | ||||||
| 17 | organizations which have met such
requirements, as well as the | ||||||
| 18 | other requirements of this Section, shall be
permitted to | ||||||
| 19 | solicit State employees or State annuitants for voluntary
| ||||||
| 20 | contributions, and the Comptroller shall discontinue | ||||||
| 21 | withholding for any
such organization which fails to meet these | ||||||
| 22 | requirements, except qualified organizations that received | ||||||
| 23 | deduction pledges during the 2004 solicitation period are | ||||||
| 24 | deemed to be qualified for the 2005 solicitation period.
| ||||||
| 25 | (c) "United Fund" means the organization conducting the | ||||||
| 26 | single, annual,
consolidated effort to secure funds for | ||||||
| |||||||
| |||||||
| 1 | distribution to agencies engaged
in charitable and public | ||||||
| 2 | health, welfare and services purposes, which is
commonly known | ||||||
| 3 | as the United Fund, or the organization which serves in place
| ||||||
| 4 | of the United Fund organization in communities where an | ||||||
| 5 | organization known
as the United Fund is not organized.
| ||||||
| 6 | In order for a United Fund to participate in the State and | ||||||
| 7 | Universities
Employees Combined Appeal, it shall comply with | ||||||
| 8 | the provisions of paragraph (9)
of subsection (b).
| ||||||
| 9 | (d) "State and Universities Employees Combined Appeal",
| ||||||
| 10 | otherwise known as "SECA", means the State-directed joint | ||||||
| 11 | effort of all of the
qualified organizations, together with the | ||||||
| 12 | United Funds, for the solicitation
of voluntary contributions | ||||||
| 13 | from State and University employees and State
annuitants.
| ||||||
| 14 | (e) "Retirement system" means any or all of the following: | ||||||
| 15 | the General
Assembly Retirement System, the State Employees' | ||||||
| 16 | Retirement System of Illinois,
the State Universities | ||||||
| 17 | Retirement System, the Teachers' Retirement System of
the State | ||||||
| 18 | of Illinois, and the Judges Retirement System.
| ||||||
| 19 | (f) "State annuitant" means a person receiving an annuity | ||||||
| 20 | or disability
benefit under Article 2, 14, 15, 16, or 18 of the | ||||||
| 21 | Illinois Pension Code.
| ||||||
| 22 | (Source: P.A. 97-1005, eff. 1-1-13.)
| ||||||
| 23 | Section 25. The Public Employee Disability Act is amended | ||||||
| 24 | by changing Section 1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 345/1) (from Ch. 70, par. 91)
| ||||||
| 2 | Sec. 1. Disability benefit.
| ||||||
| 3 | (a) For the purposes of this Section, "eligible employee" | ||||||
| 4 | means any
part-time or full-time State correctional officer or | ||||||
| 5 | any other full or
part-time employee of the Department of | ||||||
| 6 | Corrections, any full or part-time
employee of the Prisoner | ||||||
| 7 | Review Board, any full or part-time employee of the
Department | ||||||
| 8 | of Human Services working within a
penal institution or a State | ||||||
| 9 | mental health or developmental
disabilities facility operated | ||||||
| 10 | by the Department of Human Services, and any
full-time law | ||||||
| 11 | enforcement officer or
full-time firefighter who is employed by | ||||||
| 12 | the State of Illinois, any unit of
local government (including | ||||||
| 13 | any home rule unit), any State supported college or
university, | ||||||
| 14 | or any other public entity granted the power to employ persons | ||||||
| 15 | for
such purposes by law.
| ||||||
| 16 | (b) Whenever an eligible employee suffers any injury in the | ||||||
| 17 | line of duty
which causes him to be unable to perform his | ||||||
| 18 | duties, he shall continue to be
paid by the employing public | ||||||
| 19 | entity on the same basis as he was paid before the
injury, with | ||||||
| 20 | no deduction from his sick leave credits, compensatory time for
| ||||||
| 21 | overtime accumulations or vacation, or service credits in a | ||||||
| 22 | public employee
pension fund during the time he is unable to | ||||||
| 23 | perform his duties due to the
result of the injury, but not | ||||||
| 24 | longer than one year in relation to the same
injury. However, | ||||||
| 25 | no injury to an employee of the Department
of Corrections or
| ||||||
| 26 | the Prisoner Review Board working within a penal institution or | ||||||
| |||||||
| |||||||
| 1 | an employee of
the Department of Human Services working within | ||||||
| 2 | a
departmental mental health or developmental disabilities | ||||||
| 3 | facility shall
qualify the employee for benefits under this | ||||||
| 4 | Section unless the
injury is the
direct or indirect result of | ||||||
| 5 | violence by inmates of the penal institution or
residents of | ||||||
| 6 | the mental health or developmental
disabilities facility.
| ||||||
| 7 | (c) At any time during the period for which continuing | ||||||
| 8 | compensation
is required by this Act, the employing public | ||||||
| 9 | entity may order at the
expense of that entity physical or | ||||||
| 10 | medical examinations of the injured
person to determine the | ||||||
| 11 | degree of disability.
| ||||||
| 12 | (d) During this period of disability, the injured person | ||||||
| 13 | shall not
be employed in any other manner, with or without | ||||||
| 14 | monetary compensation.
Any person who is employed in violation | ||||||
| 15 | of this paragraph forfeits the
continuing compensation | ||||||
| 16 | provided by this Act from the time such
employment begins. Any | ||||||
| 17 | salary compensation due the injured person from
workers' | ||||||
| 18 | compensation or any salary due him from any type of insurance
| ||||||
| 19 | which may be carried by the employing public entity shall | ||||||
| 20 | revert to that
entity during the time for which continuing | ||||||
| 21 | compensation is paid to him
under this Act. Any person with a | ||||||
| 22 | disability disabled person receiving compensation under the
| ||||||
| 23 | provisions of this Act shall not be entitled to any benefits | ||||||
| 24 | for which
he would qualify because of his disability under the | ||||||
| 25 | provisions of the
Illinois Pension Code.
| ||||||
| 26 | (e) Any employee of the State of Illinois, as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 14-103.05
of the Illinois Pension Code, who becomes | ||||||
| 2 | permanently unable to perform the
duties of such employment due | ||||||
| 3 | to an injury received in the active performance
of his duties | ||||||
| 4 | as a State employee as a result of a willful act of violence by
| ||||||
| 5 | another employee of the State of Illinois, as so defined, | ||||||
| 6 | committed during such
other employee's course of employment and | ||||||
| 7 | after January 1, 1988, shall be
eligible for benefits pursuant | ||||||
| 8 | to the provisions of this Section. For purposes
of this | ||||||
| 9 | Section, permanent disability permanently disabled is defined | ||||||
| 10 | as a diagnosis or prognosis of
an inability to return to | ||||||
| 11 | current job duties by a physician licensed to
practice medicine | ||||||
| 12 | in all of its branches.
| ||||||
| 13 | (f) The compensation and other benefits provided to | ||||||
| 14 | part-time employees
covered by this Section shall be calculated | ||||||
| 15 | based on the percentage of time
the part-time employee was | ||||||
| 16 | scheduled to work pursuant to his or her status as
a part-time | ||||||
| 17 | employee.
| ||||||
| 18 | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||||||
| 19 | Article VII of
the Illinois Constitution, this Act specifically | ||||||
| 20 | denies and limits the exercise
by home rule units of any power | ||||||
| 21 | which is inconsistent herewith, and all
existing laws and | ||||||
| 22 | ordinances which are inconsistent herewith are hereby
| ||||||
| 23 | superseded. This Act does not preempt the concurrent exercise | ||||||
| 24 | by home rule
units of powers consistent herewith.
| ||||||
| 25 | This Act does not apply to any home rule unit with a | ||||||
| 26 | population of over
1,000,000.
| ||||||
| |||||||
| |||||||
| 1 | (h) In those cases where the injury to a State employee for | ||||||
| 2 | which
a benefit is payable under this Act was caused
under | ||||||
| 3 | circumstances creating a legal liability for damages on the | ||||||
| 4 | part
of some person other than the State employer, all of the | ||||||
| 5 | rights
and privileges, including the right to notice of suit | ||||||
| 6 | brought against
such other person and the right to commence or | ||||||
| 7 | join in such suit, as
given the employer, together with the | ||||||
| 8 | conditions or obligations imposed
under paragraph (b) of | ||||||
| 9 | Section 5 of the Workers' Compensation Act,
are also given and | ||||||
| 10 | granted to the State, to the end that, with respect to State | ||||||
| 11 | employees only, the State
may be paid or reimbursed for the | ||||||
| 12 | amount of
benefit paid or
to be paid by the
State to the | ||||||
| 13 | injured employee or his or her personal representative out of | ||||||
| 14 | any
judgment, settlement, or payment
for such injury obtained | ||||||
| 15 | by such injured employee or his
or her personal representative | ||||||
| 16 | from such other person by virtue of the injury. | ||||||
| 17 | (Source: P.A. 96-1430, eff. 1-1-11.)
| ||||||
| 18 | Section 30. The State Employees Group Insurance Act of 1971 | ||||||
| 19 | is amended by changing Section 3 as follows:
| ||||||
| 20 | (5 ILCS 375/3) (from Ch. 127, par. 523)
| ||||||
| 21 | Sec. 3. Definitions. Unless the context otherwise | ||||||
| 22 | requires, the
following words and phrases as used in this Act | ||||||
| 23 | shall have the following
meanings. The Department may define | ||||||
| 24 | these and other words and phrases
separately for the purpose of | ||||||
| |||||||
| |||||||
| 1 | implementing specific programs providing benefits
under this | ||||||
| 2 | Act.
| ||||||
| 3 | (a) "Administrative service organization" means any | ||||||
| 4 | person, firm or
corporation experienced in the handling of | ||||||
| 5 | claims which is
fully qualified, financially sound and capable | ||||||
| 6 | of meeting the service
requirements of a contract of | ||||||
| 7 | administration executed with the Department.
| ||||||
| 8 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
| 9 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
| 10 | under the provisions
of Articles 2, 14 (including an employee | ||||||
| 11 | who has elected to receive an alternative retirement | ||||||
| 12 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
| 13 | Pension Code in lieu of an annuity), 15 (including an employee | ||||||
| 14 | who has retired under the optional
retirement program | ||||||
| 15 | established under Section 15-158.2),
paragraphs (2), (3), or | ||||||
| 16 | (5) of Section 16-106, or
Article 18 of the Illinois Pension | ||||||
| 17 | Code; (2) any person who was receiving
group insurance coverage | ||||||
| 18 | under this Act as of March 31, 1978 by
reason of his status as | ||||||
| 19 | an annuitant, even though the annuity in relation
to which such | ||||||
| 20 | coverage was provided is a proportional annuity based on less
| ||||||
| 21 | than the minimum period of service required for a retirement | ||||||
| 22 | annuity in
the system involved; (3) any person not otherwise | ||||||
| 23 | covered by this Act
who has retired as a participating member | ||||||
| 24 | under Article 2 of the Illinois
Pension Code but is ineligible | ||||||
| 25 | for the retirement annuity under Section
2-119 of the Illinois | ||||||
| 26 | Pension Code; (4) the spouse of any person who
is receiving a | ||||||
| |||||||
| |||||||
| 1 | retirement annuity under Article 18 of the Illinois Pension
| ||||||
| 2 | Code and who is covered under a group health insurance program | ||||||
| 3 | sponsored
by a governmental employer other than the State of | ||||||
| 4 | Illinois and who has
irrevocably elected to waive his or her | ||||||
| 5 | coverage under this Act and to have
his or her spouse | ||||||
| 6 | considered as the "annuitant" under this Act and not as
a | ||||||
| 7 | "dependent"; or (5) an employee who retires, or has retired, | ||||||
| 8 | from a
qualified position, as determined according to rules | ||||||
| 9 | promulgated by the
Director, under a qualified local | ||||||
| 10 | government, a qualified rehabilitation
facility, a qualified | ||||||
| 11 | domestic violence shelter or service, or a qualified child | ||||||
| 12 | advocacy center. (For definition
of "retired employee", see (p) | ||||||
| 13 | post).
| ||||||
| 14 | (b-5) (Blank).
| ||||||
| 15 | (b-6) (Blank).
| ||||||
| 16 | (b-7) (Blank).
| ||||||
| 17 | (c) "Carrier" means (1) an insurance company, a corporation | ||||||
| 18 | organized
under the Limited Health Service Organization Act or | ||||||
| 19 | the Voluntary Health
Services Plan Act, a partnership, or other | ||||||
| 20 | nongovernmental organization,
which is authorized to do group | ||||||
| 21 | life or group health insurance business in
Illinois, or (2) the | ||||||
| 22 | State of Illinois as a self-insurer.
| ||||||
| 23 | (d) "Compensation" means salary or wages payable on a | ||||||
| 24 | regular
payroll by the State Treasurer on a warrant of the | ||||||
| 25 | State Comptroller out
of any State, trust or federal fund, or | ||||||
| 26 | by the Governor of the State
through a disbursing officer of | ||||||
| |||||||
| |||||||
| 1 | the State out of a trust or out of
federal funds, or by any | ||||||
| 2 | Department out of State, trust, federal or
other funds held by | ||||||
| 3 | the State Treasurer or the Department, to any person
for | ||||||
| 4 | personal services currently performed, and ordinary or | ||||||
| 5 | accidental
disability benefits under Articles 2, 14, 15 | ||||||
| 6 | (including ordinary or accidental
disability benefits under | ||||||
| 7 | the optional retirement program established under
Section | ||||||
| 8 | 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | ||||||
| 9 | Article 18 of the Illinois Pension Code, for disability
| ||||||
| 10 | incurred after January 1, 1966, or benefits payable under the | ||||||
| 11 | Workers'
Compensation or Occupational Diseases Act or benefits | ||||||
| 12 | payable under a sick
pay plan established in accordance with | ||||||
| 13 | Section 36 of the State Finance Act.
"Compensation" also means | ||||||
| 14 | salary or wages paid to an employee of any
qualified local | ||||||
| 15 | government, qualified rehabilitation facility,
qualified | ||||||
| 16 | domestic violence shelter or service, or qualified child | ||||||
| 17 | advocacy center.
| ||||||
| 18 | (e) "Commission" means the State Employees Group Insurance | ||||||
| 19 | Advisory
Commission authorized by this Act. Commencing July 1, | ||||||
| 20 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
| 21 | Government Forecasting and Accountability as
established by | ||||||
| 22 | the Legislative Commission Reorganization Act of 1984.
| ||||||
| 23 | (f) "Contributory", when referred to as contributory | ||||||
| 24 | coverage, shall
mean optional coverages or benefits elected by | ||||||
| 25 | the member toward the cost of
which such member makes | ||||||
| 26 | contribution, or which are funded in whole or in part
through | ||||||
| |||||||
| |||||||
| 1 | the acceptance of a reduction in earnings or the foregoing of | ||||||
| 2 | an
increase in earnings by an employee, as distinguished from | ||||||
| 3 | noncontributory
coverage or benefits which are paid entirely by | ||||||
| 4 | the State of Illinois
without reduction of the member's salary.
| ||||||
| 5 | (g) "Department" means any department, institution, board,
| ||||||
| 6 | commission, officer, court or any agency of the State | ||||||
| 7 | government
receiving appropriations and having power to | ||||||
| 8 | certify payrolls to the
Comptroller authorizing payments of | ||||||
| 9 | salary and wages against such
appropriations as are made by the | ||||||
| 10 | General Assembly from any State fund, or
against trust funds | ||||||
| 11 | held by the State Treasurer and includes boards of
trustees of | ||||||
| 12 | the retirement systems created by Articles 2, 14, 15, 16 and
18 | ||||||
| 13 | of the Illinois Pension Code. "Department" also includes the | ||||||
| 14 | Illinois
Comprehensive Health Insurance Board, the Board of | ||||||
| 15 | Examiners established under
the Illinois Public Accounting | ||||||
| 16 | Act, and the Illinois Finance Authority.
| ||||||
| 17 | (h) "Dependent", when the term is used in the context of | ||||||
| 18 | the health
and life plan, means a member's spouse and any child | ||||||
| 19 | (1) from
birth to age 26 including an adopted child, a child | ||||||
| 20 | who lives with the
member from the time of the filing of a | ||||||
| 21 | petition for adoption until entry
of an order of adoption, a | ||||||
| 22 | stepchild or adjudicated child, or a child who lives with the | ||||||
| 23 | member
if such member is a court appointed guardian of the | ||||||
| 24 | child or (2)
age 19 or over who has a mental or physical | ||||||
| 25 | disability is mentally
or physically disabled from a cause | ||||||
| 26 | originating prior to the age of 19 (age 26 if enrolled as an | ||||||
| |||||||
| |||||||
| 1 | adult child dependent). For
the health plan only, the term | ||||||
| 2 | "dependent" also includes (1) any person
enrolled prior to the | ||||||
| 3 | effective date of this Section who is dependent upon
the member | ||||||
| 4 | to the extent that the member may claim such person as a
| ||||||
| 5 | dependent for income tax deduction purposes and (2) any person | ||||||
| 6 | who
has received after June 30, 2000 an organ transplant and | ||||||
| 7 | who is financially
dependent upon the member and eligible to be | ||||||
| 8 | claimed as a dependent for income
tax purposes. A member | ||||||
| 9 | requesting to cover any dependent must provide documentation as | ||||||
| 10 | requested by the Department of Central Management Services and | ||||||
| 11 | file with the Department any and all forms required by the | ||||||
| 12 | Department.
| ||||||
| 13 | (i) "Director" means the Director of the Illinois | ||||||
| 14 | Department of Central
Management Services.
| ||||||
| 15 | (j) "Eligibility period" means the period of time a member | ||||||
| 16 | has to
elect enrollment in programs or to select benefits | ||||||
| 17 | without regard to
age, sex or health.
| ||||||
| 18 | (k) "Employee" means and includes each officer or employee | ||||||
| 19 | in the
service of a department who (1) receives his | ||||||
| 20 | compensation for
service rendered to the department on a | ||||||
| 21 | warrant issued pursuant to a payroll
certified by a department | ||||||
| 22 | or on a warrant or check issued and drawn by a
department upon | ||||||
| 23 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
| 24 | to a payroll certified by an elected or duly appointed officer
| ||||||
| 25 | of the State or who receives payment of the performance of | ||||||
| 26 | personal
services on a warrant issued pursuant to a payroll | ||||||
| |||||||
| |||||||
| 1 | certified by a
Department and drawn by the Comptroller upon the | ||||||
| 2 | State Treasurer against
appropriations made by the General | ||||||
| 3 | Assembly from any fund or against
trust funds held by the State | ||||||
| 4 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
| 5 | position normally requiring actual performance of duty
during | ||||||
| 6 | not less than 1/2 of a normal work period, as established by | ||||||
| 7 | the
Director in cooperation with each department, except that | ||||||
| 8 | persons elected
by popular vote will be considered employees | ||||||
| 9 | during the entire
term for which they are elected regardless of | ||||||
| 10 | hours devoted to the
service of the State, and (3) except that | ||||||
| 11 | "employee" does not include any
person who is not eligible by | ||||||
| 12 | reason of such person's employment to
participate in one of the | ||||||
| 13 | State retirement systems under Articles 2, 14, 15
(either the | ||||||
| 14 | regular Article 15 system or the optional retirement program
| ||||||
| 15 | established under Section 15-158.2) or 18, or under paragraph | ||||||
| 16 | (2), (3), or
(5) of Section 16-106, of the Illinois
Pension | ||||||
| 17 | Code, but such term does include persons who are employed | ||||||
| 18 | during
the 6 month qualifying period under Article 14 of the | ||||||
| 19 | Illinois Pension
Code. Such term also includes any person who | ||||||
| 20 | (1) after January 1, 1966,
is receiving ordinary or accidental | ||||||
| 21 | disability benefits under Articles
2, 14, 15 (including | ||||||
| 22 | ordinary or accidental disability benefits under the
optional | ||||||
| 23 | retirement program established under Section 15-158.2), | ||||||
| 24 | paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of | ||||||
| 25 | the
Illinois Pension Code, for disability incurred after | ||||||
| 26 | January 1, 1966, (2)
receives total permanent or total | ||||||
| |||||||
| |||||||
| 1 | temporary disability under the Workers'
Compensation Act or | ||||||
| 2 | Occupational Disease Act as a result of injuries
sustained or | ||||||
| 3 | illness contracted in the course of employment with the
State | ||||||
| 4 | of Illinois, or (3) is not otherwise covered under this Act and | ||||||
| 5 | has
retired as a participating member under Article 2 of the | ||||||
| 6 | Illinois Pension
Code but is ineligible for the retirement | ||||||
| 7 | annuity under Section 2-119 of
the Illinois Pension Code. | ||||||
| 8 | However, a person who satisfies the criteria
of the foregoing | ||||||
| 9 | definition of "employee" except that such person is made
| ||||||
| 10 | ineligible to participate in the State Universities Retirement | ||||||
| 11 | System by
clause (4) of subsection (a) of Section 15-107 of the | ||||||
| 12 | Illinois Pension
Code is also an "employee" for the purposes of | ||||||
| 13 | this Act. "Employee" also
includes any person receiving or | ||||||
| 14 | eligible for benefits under a sick pay
plan established in | ||||||
| 15 | accordance with Section 36 of the State Finance Act.
"Employee" | ||||||
| 16 | also includes (i) each officer or employee in the service of a
| ||||||
| 17 | qualified local government, including persons appointed as | ||||||
| 18 | trustees of
sanitary districts regardless of hours devoted to | ||||||
| 19 | the service of the
sanitary district, (ii) each employee in the | ||||||
| 20 | service of a qualified
rehabilitation facility, (iii) each | ||||||
| 21 | full-time employee in the service of a
qualified domestic | ||||||
| 22 | violence shelter or service, and (iv) each full-time employee | ||||||
| 23 | in the service of a qualified child advocacy center, as | ||||||
| 24 | determined according to
rules promulgated by the Director.
| ||||||
| 25 | (l) "Member" means an employee, annuitant, retired | ||||||
| 26 | employee or survivor. In the case of an annuitant or retired | ||||||
| |||||||
| |||||||
| 1 | employee who first becomes an annuitant or retired employee on | ||||||
| 2 | or after the effective date of this amendatory Act of the 97th | ||||||
| 3 | General Assembly, the individual must meet the minimum vesting | ||||||
| 4 | requirements of the applicable retirement system in order to be | ||||||
| 5 | eligible for group insurance benefits under that system. In the | ||||||
| 6 | case of a survivor who first becomes a survivor on or after the | ||||||
| 7 | effective date of this amendatory Act of the 97th General | ||||||
| 8 | Assembly, the deceased employee, annuitant, or retired | ||||||
| 9 | employee upon whom the annuity is based must have been eligible | ||||||
| 10 | to participate in the group insurance system under the | ||||||
| 11 | applicable retirement system in order for the survivor to be | ||||||
| 12 | eligible for group insurance benefits under that system.
| ||||||
| 13 | (m) "Optional coverages or benefits" means those coverages | ||||||
| 14 | or
benefits available to the member on his or her voluntary | ||||||
| 15 | election, and at
his or her own expense.
| ||||||
| 16 | (n) "Program" means the group life insurance, health | ||||||
| 17 | benefits and other
employee benefits designed and contracted | ||||||
| 18 | for by the Director under this Act.
| ||||||
| 19 | (o) "Health plan" means a health benefits
program offered
| ||||||
| 20 | by the State of Illinois for persons eligible for the plan.
| ||||||
| 21 | (p) "Retired employee" means any person who would be an | ||||||
| 22 | annuitant as
that term is defined herein but for the fact that | ||||||
| 23 | such person retired prior to
January 1, 1966. Such term also | ||||||
| 24 | includes any person formerly employed by
the University of | ||||||
| 25 | Illinois in the Cooperative Extension Service who would
be an | ||||||
| 26 | annuitant but for the fact that such person was made ineligible | ||||||
| |||||||
| |||||||
| 1 | to
participate in the State Universities Retirement System by | ||||||
| 2 | clause (4) of
subsection (a) of Section 15-107 of the Illinois
| ||||||
| 3 | Pension Code.
| ||||||
| 4 | (q) "Survivor" means a person receiving an annuity as a | ||||||
| 5 | survivor of an
employee or of an annuitant. "Survivor" also | ||||||
| 6 | includes: (1) the surviving
dependent of a person who satisfies | ||||||
| 7 | the 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; (2) the surviving
dependent of any | ||||||
| 11 | person formerly employed by the University of Illinois in
the | ||||||
| 12 | Cooperative Extension Service who would be an annuitant except | ||||||
| 13 | for the
fact that such person was made ineligible to | ||||||
| 14 | participate in the State
Universities Retirement System by | ||||||
| 15 | clause (4) of subsection (a) of Section
15-107 of the Illinois | ||||||
| 16 | Pension Code; and (3) the surviving dependent of a person who | ||||||
| 17 | was an annuitant under this Act by virtue of receiving an | ||||||
| 18 | alternative retirement cancellation payment under Section | ||||||
| 19 | 14-108.5 of the Illinois Pension Code.
| ||||||
| 20 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
| 21 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
| 22 | Code.
| ||||||
| 23 | (q-3) "SURS" means the State Universities Retirement | ||||||
| 24 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
| 25 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
| 26 | State of Illinois, created under Article 16 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Pension Code.
| ||||||
| 2 | (q-5) (Blank).
| ||||||
| 3 | (q-6) (Blank).
| ||||||
| 4 | (q-7) (Blank).
| ||||||
| 5 | (r) "Medical services" means the services provided within | ||||||
| 6 | the scope
of their licenses by practitioners in all categories | ||||||
| 7 | licensed under the
Medical Practice Act of 1987.
| ||||||
| 8 | (s) "Unit of local government" means any county, | ||||||
| 9 | municipality,
township, school district (including a | ||||||
| 10 | combination of school districts under
the Intergovernmental | ||||||
| 11 | Cooperation Act), special district or other unit,
designated as | ||||||
| 12 | a
unit of local government by law, which exercises limited | ||||||
| 13 | governmental
powers or powers in respect to limited | ||||||
| 14 | governmental subjects, any
not-for-profit association with a | ||||||
| 15 | membership that primarily includes
townships and township | ||||||
| 16 | officials, that has duties that include provision of
research | ||||||
| 17 | service, dissemination of information, and other acts for the
| ||||||
| 18 | purpose of improving township government, and that is funded | ||||||
| 19 | wholly or
partly in accordance with Section 85-15 of the | ||||||
| 20 | Township Code; any
not-for-profit corporation or association, | ||||||
| 21 | with a membership consisting
primarily of municipalities, that | ||||||
| 22 | operates its own utility system, and
provides research, | ||||||
| 23 | training, dissemination of information, or other acts to
| ||||||
| 24 | promote cooperation between and among municipalities that | ||||||
| 25 | provide utility
services and for the advancement of the goals | ||||||
| 26 | and purposes of its
membership;
the Southern Illinois | ||||||
| |||||||
| |||||||
| 1 | Collegiate Common Market, which is a consortium of higher
| ||||||
| 2 | education institutions in Southern Illinois; the Illinois | ||||||
| 3 | Association of
Park Districts; and any hospital provider that | ||||||
| 4 | is owned by a county that has 100 or fewer hospital beds and | ||||||
| 5 | has not already joined the program. "Qualified
local | ||||||
| 6 | government" means a unit of local government approved by the | ||||||
| 7 | Director and
participating in a program created under | ||||||
| 8 | subsection (i) of Section 10 of this
Act.
| ||||||
| 9 | (t) "Qualified rehabilitation facility" means any | ||||||
| 10 | not-for-profit
organization that is accredited by the | ||||||
| 11 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
| 12 | certified by the Department
of Human Services (as successor to | ||||||
| 13 | the Department of Mental Health
and Developmental | ||||||
| 14 | Disabilities) to provide services to persons with
disabilities
| ||||||
| 15 | and which receives funds from the State of Illinois for | ||||||
| 16 | providing those
services, approved by the Director and | ||||||
| 17 | participating in a program created
under subsection (j) of | ||||||
| 18 | Section 10 of this Act.
| ||||||
| 19 | (u) "Qualified domestic violence shelter or service" means | ||||||
| 20 | any Illinois
domestic violence shelter or service and its | ||||||
| 21 | administrative offices funded
by the Department of Human | ||||||
| 22 | Services (as successor to the Illinois Department of
Public | ||||||
| 23 | Aid),
approved by the Director and
participating in a program | ||||||
| 24 | created under subsection (k) of Section 10.
| ||||||
| 25 | (v) "TRS benefit recipient" means a person who:
| ||||||
| 26 | (1) is not a "member" as defined in this Section; and
| ||||||
| |||||||
| |||||||
| 1 | (2) is receiving a monthly benefit or retirement | ||||||
| 2 | annuity
under Article 16 of the Illinois Pension Code; and
| ||||||
| 3 | (3) either (i) has at least 8 years of creditable | ||||||
| 4 | service under Article
16 of the Illinois Pension Code, or | ||||||
| 5 | (ii) was enrolled in the health insurance
program offered | ||||||
| 6 | under that Article on January 1, 1996, or (iii) is the | ||||||
| 7 | survivor
of a benefit recipient who had at least 8
years of | ||||||
| 8 | creditable service under Article 16 of the Illinois Pension | ||||||
| 9 | Code or
was enrolled in the health insurance program | ||||||
| 10 | offered under that Article on
the effective date of this | ||||||
| 11 | amendatory Act of 1995, or (iv) is a recipient or
survivor | ||||||
| 12 | of a recipient of a disability benefit under Article 16 of | ||||||
| 13 | the
Illinois Pension Code.
| ||||||
| 14 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
| 15 | (1) is not a "member" or "dependent" as defined in this | ||||||
| 16 | Section; and
| ||||||
| 17 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
| 18 | dependent parent who
is receiving at least half of his or | ||||||
| 19 | her support from the TRS benefit
recipient, or (C) natural, | ||||||
| 20 | step, adjudicated, or adopted child who is (i) under age | ||||||
| 21 | 26, (ii) was, on January 1, 1996, participating as a | ||||||
| 22 | dependent
beneficiary in the health insurance program | ||||||
| 23 | offered under Article 16 of the
Illinois Pension Code, or | ||||||
| 24 | (iii) age 19 or over who has a mental or physical | ||||||
| 25 | disability is mentally or physically disabled from a cause | ||||||
| 26 | originating prior to the age of 19 (age 26 if enrolled as | ||||||
| |||||||
| |||||||
| 1 | an adult child).
| ||||||
| 2 | "TRS dependent beneficiary" does not include, as indicated | ||||||
| 3 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
| 4 | survivor of a TRS benefit recipient who first becomes a | ||||||
| 5 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
| 6 | the effective date of this amendatory Act of the 97th General | ||||||
| 7 | Assembly unless that dependent would have been eligible for | ||||||
| 8 | coverage as a dependent of the deceased TRS benefit recipient | ||||||
| 9 | upon whom the survivor benefit is based. | ||||||
| 10 | (x) "Military leave" refers to individuals in basic
| ||||||
| 11 | training for reserves, special/advanced training, annual | ||||||
| 12 | training, emergency
call up, activation by the President of the | ||||||
| 13 | United States, or any other training or duty in service to the | ||||||
| 14 | United States Armed Forces.
| ||||||
| 15 | (y) (Blank).
| ||||||
| 16 | (z) "Community college benefit recipient" means a person | ||||||
| 17 | who:
| ||||||
| 18 | (1) is not a "member" as defined in this Section; and
| ||||||
| 19 | (2) is receiving a monthly survivor's annuity or | ||||||
| 20 | retirement annuity
under Article 15 of the Illinois Pension | ||||||
| 21 | Code; and
| ||||||
| 22 | (3) either (i) was a full-time employee of a community | ||||||
| 23 | college district or
an association of community college | ||||||
| 24 | boards created under the Public Community
College Act | ||||||
| 25 | (other than an employee whose last employer under Article | ||||||
| 26 | 15 of the
Illinois Pension Code was a community college | ||||||
| |||||||
| |||||||
| 1 | district subject to Article VII
of the Public Community | ||||||
| 2 | College Act) and was eligible to participate in a group
| ||||||
| 3 | health benefit plan as an employee during the time of | ||||||
| 4 | employment with a
community college district (other than a | ||||||
| 5 | community college district subject to
Article VII of the | ||||||
| 6 | Public Community College Act) or an association of | ||||||
| 7 | community
college boards, or (ii) is the survivor of a | ||||||
| 8 | person described in item (i).
| ||||||
| 9 | (aa) "Community college dependent beneficiary" means a | ||||||
| 10 | person who:
| ||||||
| 11 | (1) is not a "member" or "dependent" as defined in this | ||||||
| 12 | Section; and
| ||||||
| 13 | (2) is a community college benefit recipient's: (A) | ||||||
| 14 | spouse, (B) dependent
parent who is receiving at least half | ||||||
| 15 | of his or her support from the community
college benefit | ||||||
| 16 | recipient, or (C) natural, step, adjudicated, or adopted | ||||||
| 17 | child who is (i)
under age 26, or (ii)
age 19 or over and | ||||||
| 18 | has a mental or physical disability mentally or physically | ||||||
| 19 | disabled from a cause originating prior to the age of 19 | ||||||
| 20 | (age 26 if enrolled as an adult child).
| ||||||
| 21 | "Community college dependent beneficiary" does not | ||||||
| 22 | include, as indicated under paragraph (2) of this subsection | ||||||
| 23 | (aa), a dependent of the survivor of a community college | ||||||
| 24 | benefit recipient who first becomes a dependent of a survivor | ||||||
| 25 | of a community college benefit recipient on or after the | ||||||
| 26 | effective date of this amendatory Act of the 97th General | ||||||
| |||||||
| |||||||
| 1 | Assembly unless that dependent would have been eligible for | ||||||
| 2 | coverage as a dependent of the deceased community college | ||||||
| 3 | benefit recipient upon whom the survivor annuity is based. | ||||||
| 4 | (bb) "Qualified child advocacy center" means any Illinois | ||||||
| 5 | child advocacy center and its administrative offices funded by | ||||||
| 6 | the Department of Children and Family Services, as defined by | ||||||
| 7 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
| 8 | the Director and participating in a program created under | ||||||
| 9 | subsection (n) of Section 10.
| ||||||
| 10 | (Source: P.A. 97-668, eff. 1-13-12; 97-695, eff. 7-1-12; | ||||||
| 11 | 98-488, eff. 8-16-13.)
| ||||||
| 12 | Section 35. The State Employment Records Act is amended by | ||||||
| 13 | changing Sections 5 and 15 as follows:
| ||||||
| 14 | (5 ILCS 410/5)
| ||||||
| 15 | Sec. 5. Findings and purpose. The General Assembly hereby
| ||||||
| 16 | finds as follows:
| ||||||
| 17 | (a) Efficient, responsive, and accountable disbursement of | ||||||
| 18 | State
services is best facilitated by a diversified State work | ||||||
| 19 | force which
reflects the diversity of the tax-paying | ||||||
| 20 | constituency the State work force
is employed to serve.
| ||||||
| 21 | (b) The purpose of this Act is to require and develop | ||||||
| 22 | within
existing State administrative processes a comprehensive | ||||||
| 23 | procedure to
collect, classify, maintain, and publish, for | ||||||
| 24 | State and public use,
information that provides the General | ||||||
| |||||||
| |||||||
| 1 | Assembly and the People of this State
with adequate information | ||||||
| 2 | of the number of minorities, women, and persons with physical | ||||||
| 3 | disabilities physically
disabled persons employed by State | ||||||
| 4 | government within the State work force.
| ||||||
| 5 | (c) To provide State officials, administrators and the | ||||||
| 6 | People
of the State with information to help guide efforts to | ||||||
| 7 | achieve a more
diversified State work force, the total number | ||||||
| 8 | of persons employed within
the State work force shall be | ||||||
| 9 | tabulated in a comprehensive manner to
provide meaningful | ||||||
| 10 | review of the number and percentage of minorities, women,
and | ||||||
| 11 | persons with physical disabilities physically disabled persons | ||||||
| 12 | employed as part of the State work force.
| ||||||
| 13 | (Source: P.A. 87-1211.)
| ||||||
| 14 | (5 ILCS 410/15)
| ||||||
| 15 | Sec. 15. Reported information.
| ||||||
| 16 | (a) State agencies shall, if necessary, consult with the | ||||||
| 17 | Office of the
Comptroller and the
Governor's Office of | ||||||
| 18 | Management and Budget to confirm the accuracy of information
| ||||||
| 19 | required by this Act. State agencies shall collect and maintain | ||||||
| 20 | information
and publish reports including but not limited to | ||||||
| 21 | the following information
arranged in the indicated | ||||||
| 22 | categories:
| ||||||
| 23 | (i) the total number of persons employed by the agency | ||||||
| 24 | who are part of
the State work force, as defined by this | ||||||
| 25 | Act, and the number and statistical
percentage of women, | ||||||
| |||||||
| |||||||
| 1 | minorities, and persons with physical disabilities | ||||||
| 2 | physically disabled persons employed
within the agency | ||||||
| 3 | work force;
| ||||||
| 4 | (ii) the total number of persons employed within the | ||||||
| 5 | agency work force
receiving levels of State remuneration | ||||||
| 6 | within incremental levels of
$10,000, and the number and | ||||||
| 7 | statistical percentage of minorities, women, and
persons | ||||||
| 8 | with physical disabilities physically disabled persons in | ||||||
| 9 | the agency work force receiving levels of
State | ||||||
| 10 | remuneration within incremented levels of $10,000;
| ||||||
| 11 | (iii) the number of open positions of employment or | ||||||
| 12 | advancement in the
agency work force, reported on a fiscal | ||||||
| 13 | year basis;
| ||||||
| 14 | (iv) the number and percentage of open positions of | ||||||
| 15 | employment or
advancement in the agency work force filled | ||||||
| 16 | by minorities, women, and
persons with physical | ||||||
| 17 | disabilities physically disabled persons, reported on a | ||||||
| 18 | fiscal year basis;
| ||||||
| 19 | (v) the total number of persons employed within the | ||||||
| 20 | agency work force
as professionals, and the number and | ||||||
| 21 | percentage of minorities, women, and
persons with physical | ||||||
| 22 | disabilities physically disabled persons employed within | ||||||
| 23 | the agency work force as
professional employees; and
| ||||||
| 24 | (vi) the total number of persons employed within the | ||||||
| 25 | agency work force
as contractual service employees, and the | ||||||
| 26 | number and percentage of minorities,
women, and persons | ||||||
| |||||||
| |||||||
| 1 | with physical disabilities physically disabled persons | ||||||
| 2 | employed within the agency work force as
contractual | ||||||
| 3 | services employees.
| ||||||
| 4 | (b) The numbers and percentages of minorities required to | ||||||
| 5 | be reported by
this Section shall be identified by the | ||||||
| 6 | following categories: | ||||||
| 7 | (1) American Indian or Alaska Native (a person having | ||||||
| 8 | origins in any of the original peoples of North and South | ||||||
| 9 | America, including Central America, and who maintains | ||||||
| 10 | tribal affiliation or community attachment). | ||||||
| 11 | (2) Asian (a person having origins in any of the | ||||||
| 12 | original peoples of the Far East, Southeast Asia, or the | ||||||
| 13 | Indian subcontinent, including, but not limited to, | ||||||
| 14 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 15 | the Philippine Islands, Thailand, and Vietnam). | ||||||
| 16 | (3) Black or African American (a person having origins | ||||||
| 17 | in any of the black racial groups of Africa). Terms such as | ||||||
| 18 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
| 19 | African American". | ||||||
| 20 | (4) 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 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
| 24 | having origins in any of the original peoples of Hawaii, | ||||||
| 25 | Guam, Samoa, or other Pacific Islands). | ||||||
| 26 | Data concerning women shall be
reported on a minority and | ||||||
| |||||||
| |||||||
| 1 | nonminority basis.
The numbers and percentages of persons with | ||||||
| 2 | physical disabilities physically disabled persons required to | ||||||
| 3 | be
reported under this Section shall be identified by | ||||||
| 4 | categories as male and
female.
| ||||||
| 5 | (c) To accomplish consistent and uniform classification | ||||||
| 6 | and collection of
information from each State agency, and to | ||||||
| 7 | ensure full compliance and that all
required information is | ||||||
| 8 | provided, the Index Department of the Office of the
Secretary | ||||||
| 9 | of State, in consultation with the Department of Human Rights, | ||||||
| 10 | the
Department of Central Management Services, and the Office | ||||||
| 11 | of the Comptroller,
shall develop appropriate forms to be used | ||||||
| 12 | by all State agencies subject to the
reporting requirements of | ||||||
| 13 | this Act.
| ||||||
| 14 | All State agencies shall make the reports required by this | ||||||
| 15 | Act using the
forms developed under this subsection. The | ||||||
| 16 | reports must be certified and
signed by an official of the | ||||||
| 17 | agency who is responsible for the information
provided.
| ||||||
| 18 | (Source: P.A. 97-396, eff. 1-1-12.)
| ||||||
| 19 | Section 40. The Home for Disabled Soldiers Land Cession Act | ||||||
| 20 | is amended Section 0.01 as follows:
| ||||||
| 21 | (5 ILCS 510/0.01) (from Ch. 1, par. 3700)
| ||||||
| 22 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
| 23 | National Home for Disabled Volunteer Soldiers Home for Disabled | ||||||
| 24 | Soldiers Land Cession Act.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 86-1324.)
| ||||||
| 2 | Section 45. The Election Code is amended by changing | ||||||
| 3 | Sections 1-3, 1-10, 4-6, 4-8.01, 4-8.01, 4-8.02, 5-5, 5-7.01, | ||||||
| 4 | 5-7.02, 6-29, 6-35.01, 6-35.02, 6-50, 7-15, 11-4.1, 11-4.2, | ||||||
| 5 | 11-4.3, 12-1, 17-13, 17-14, 17-17, 18-5.1, 19-5, 19-12.1, | ||||||
| 6 | 19A-21, 19A-40, 24-9, and 24C-11 as follows:
| ||||||
| 7 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| ||||||
| 8 | Sec. 1-3. As used in this Act, unless the context otherwise | ||||||
| 9 | requires:
| ||||||
| 10 | 1. "Election" includes the submission of all questions of | ||||||
| 11 | public
policy, propositions, and all measures submitted to | ||||||
| 12 | popular vote, and
includes primary elections when so indicated | ||||||
| 13 | by the context.
| ||||||
| 14 | 2. "Regular election" means the general, general primary,
| ||||||
| 15 | consolidated and consolidated primary elections regularly | ||||||
| 16 | scheduled in Article
2A. The even numbered year municipal | ||||||
| 17 | primary established in Article 2A is
a regular election only | ||||||
| 18 | with respect to those municipalities in which a
primary is | ||||||
| 19 | required to be held on such date.
| ||||||
| 20 | 3. "Special election" means an election not regularly | ||||||
| 21 | recurring at fixed
intervals, irrespective of whether it is | ||||||
| 22 | held at the same time and place and by
the same election | ||||||
| 23 | officers as a regular election.
| ||||||
| 24 | 4. "General election" means the biennial election at which | ||||||
| |||||||
| |||||||
| 1 | members of
the General Assembly are elected. "General primary | ||||||
| 2 | election", "consolidated election" and "consolidated primary | ||||||
| 3 | election" mean
the respective elections or the election dates | ||||||
| 4 | designated and established
in Article 2A of this Code.
| ||||||
| 5 | 5. "Municipal election" means an election or primary, | ||||||
| 6 | either regular
or special, in cities, villages, and | ||||||
| 7 | incorporated towns; and "municipality"
means any such city, | ||||||
| 8 | village or incorporated town.
| ||||||
| 9 | 6. "Political or governmental subdivision" means any unit | ||||||
| 10 | of local
government, or school district in which elections are | ||||||
| 11 | or may be held.
"Political or governmental subdivision" also | ||||||
| 12 | includes, for election purposes,
Regional Boards of School | ||||||
| 13 | Trustees, and Township Boards of School Trustees.
| ||||||
| 14 | 7. The word "township" and the word "town" shall apply
| ||||||
| 15 | interchangeably to the type of governmental organization | ||||||
| 16 | established in
accordance with the provisions of the Township | ||||||
| 17 | Code. The term
"incorporated town" shall mean a municipality | ||||||
| 18 | referred to as an
incorporated town in the Illinois Municipal | ||||||
| 19 | Code, as now or hereafter
amended.
| ||||||
| 20 | 8. "Election authority" means a county clerk or a Board of | ||||||
| 21 | Election
Commissioners.
| ||||||
| 22 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
| 23 | the case of
a county in which no city board of election | ||||||
| 24 | commissioners is located or
which is under the jurisdiction of | ||||||
| 25 | a county board of election commissioners;
(b) the territorial | ||||||
| 26 | jurisdiction of a city board of election commissioners;
and (c) | ||||||
| |||||||
| |||||||
| 1 | the territory in a county outside of the jurisdiction of a city
| ||||||
| 2 | board of election commissioners. In each instance election | ||||||
| 3 | jurisdiction
shall be determined according to which election | ||||||
| 4 | authority maintains the
permanent registration records of | ||||||
| 5 | qualified electors.
| ||||||
| 6 | 10. "Local election official" means the clerk or secretary | ||||||
| 7 | of a unit
of local government or school district, as the case | ||||||
| 8 | may be, the treasurer
of a township board of school trustees, | ||||||
| 9 | and the regional superintendent
of schools with respect to the | ||||||
| 10 | various school officer elections and school
referenda for which | ||||||
| 11 | the regional superintendent is assigned election duties
by The | ||||||
| 12 | School Code, as now or hereafter amended.
| ||||||
| 13 | 11. "Judges of election", "primary judges" and similar | ||||||
| 14 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
| 15 | when used in
connection with duties at an election during the | ||||||
| 16 | hours the polls are
open, refer to the team of judges of | ||||||
| 17 | election on duty during such hours;
and, when used with | ||||||
| 18 | reference to duties after the closing of the polls,
refer to | ||||||
| 19 | the team of tally judges designated to count the vote after the
| ||||||
| 20 | closing of the polls and the holdover judges designated | ||||||
| 21 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
| 22 | after the closing of the
polls, any act is required to be | ||||||
| 23 | performed by each of the judges of
election, it shall be | ||||||
| 24 | performed by each of the tally judges and by each
of the | ||||||
| 25 | holdover judges.
| ||||||
| 26 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
| |||||||
| |||||||
| 1 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
| 2 | statement
containing oath, and sheets containing signatures of | ||||||
| 3 | qualified primary
electors bound together.
| ||||||
| 4 | 13. "Election district" and "precinct", when used with | ||||||
| 5 | reference to
a 30-day residence requirement, means the smallest | ||||||
| 6 | constituent territory
in which electors vote as a unit at the | ||||||
| 7 | same polling place in any
election governed by this Act.
| ||||||
| 8 | 14. "District" means any area which votes as a unit for the | ||||||
| 9 | election of
any officer, other than the State or a unit of | ||||||
| 10 | local government or school
district, and includes, but is not | ||||||
| 11 | limited to, legislative, congressional
and judicial districts, | ||||||
| 12 | judicial circuits, county board districts,
municipal and | ||||||
| 13 | sanitary district wards, school board districts, and | ||||||
| 14 | precincts.
| ||||||
| 15 | 15. "Question of public policy" or "public question"
means | ||||||
| 16 | any question, proposition or measure submitted to the voters at | ||||||
| 17 | an
election dealing with subject matter other than the | ||||||
| 18 | nomination or election
of candidates and shall include, but is | ||||||
| 19 | not limited to, any bond or tax
referendum, and questions | ||||||
| 20 | relating to the Constitution.
| ||||||
| 21 | 16. "Ordinance providing the form of government of a | ||||||
| 22 | municipality
or county pursuant to Article VII of the | ||||||
| 23 | Constitution" includes ordinances,
resolutions and petitions | ||||||
| 24 | adopted by referendum which provide for the form
of government, | ||||||
| 25 | the officers or the manner of selection or terms of office
of | ||||||
| 26 | officers of such municipality or county, pursuant to the | ||||||
| |||||||
| |||||||
| 1 | provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
| 2 | Constitution.
| ||||||
| 3 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
| 4 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
| 5 | or other electronic data
processing information containing | ||||||
| 6 | voter information.
| ||||||
| 7 | 18. "Accessible" means accessible to persons with | ||||||
| 8 | disabilities handicapped and elderly
individuals for the | ||||||
| 9 | purpose of voting or registration, as determined by
rule of the | ||||||
| 10 | State Board of Elections.
| ||||||
| 11 | 19. "Elderly" means 65 years of age or older.
| ||||||
| 12 | 20. "Person with a disability Handicapped" means a person | ||||||
| 13 | having a temporary or permanent physical disability.
| ||||||
| 14 | 21. "Leading political party" means one of the two | ||||||
| 15 | political parties
whose candidates for governor at the most | ||||||
| 16 | recent three gubernatorial
elections received either the | ||||||
| 17 | highest or second highest average number of
votes. The | ||||||
| 18 | political party whose candidates for governor received the
| ||||||
| 19 | highest average number of votes shall be known as the first | ||||||
| 20 | leading
political party and the political party whose | ||||||
| 21 | candidates for governor
received the second highest average | ||||||
| 22 | number of votes shall be known as the
second leading political | ||||||
| 23 | party.
| ||||||
| 24 | 22. "Business day" means any day in which the office of an | ||||||
| 25 | election
authority, local election official or the State Board | ||||||
| 26 | of Elections is open
to the public for a minimum of 7 hours.
| ||||||
| |||||||
| |||||||
| 1 | 23. "Homeless individual" means any person who has a | ||||||
| 2 | nontraditional
residence, including, but not limited to, a | ||||||
| 3 | shelter, day shelter, park
bench, street corner, or space under | ||||||
| 4 | a bridge.
| ||||||
| 5 | (Source: P.A. 96-1000, eff. 7-2-10.)
| ||||||
| 6 | (10 ILCS 5/1-10)
| ||||||
| 7 | Sec. 1-10. Public comment. Notwithstanding any law to the | ||||||
| 8 | contrary, the
State Board of Elections in
evaluating the | ||||||
| 9 | feasibility of any new voting system shall seek and accept
| ||||||
| 10 | public comment from persons with disabilities of the disabled | ||||||
| 11 | community, including but not
limited to organizations of the | ||||||
| 12 | blind.
| ||||||
| 13 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
| 14 | (10 ILCS 5/4-6) (from Ch. 46, par. 4-6)
| ||||||
| 15 | Sec. 4-6.
For the purpose of registering voters under this | ||||||
| 16 | Article in
addition to the method provided for precinct | ||||||
| 17 | registration under Section
4-7, the office of the county clerk | ||||||
| 18 | shall be open every day, except Saturday,
Sunday, and legal | ||||||
| 19 | holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the
hours of | ||||||
| 20 | registration shall be from 9:00 a.m. to 12:00 noon, and such
| ||||||
| 21 | additional hours as the county clerk may designate. If, | ||||||
| 22 | however, the county
board otherwise duly regulates and fixes | ||||||
| 23 | the hours of opening and closing
of all county offices at the | ||||||
| 24 | county seat of any county, such regulation
shall control and | ||||||
| |||||||
| |||||||
| 1 | supersede the hours herein specified. There shall be no
| ||||||
| 2 | registration at the office of the county clerk or at the office | ||||||
| 3 | of municipal
and township or road district clerks serving as | ||||||
| 4 | deputy
registrars during the 27 days preceding any regular or
| ||||||
| 5 | special election at which the cards provided in this Article | ||||||
| 6 | are used, or
until the 2nd day following such regular or | ||||||
| 7 | special election;
provided, that if by reason of the proximity | ||||||
| 8 | of any such elections to one
another the effect of this | ||||||
| 9 | provision would be to close registrations for
all or any part | ||||||
| 10 | of the 10 days immediately prior to such 27 day
period, the
| ||||||
| 11 | county clerk shall accept, solely for use in the subsequent and | ||||||
| 12 | not in any
intervening election, registrations and transfers of | ||||||
| 13 | registration within
the period from the 27th to the 38th days, | ||||||
| 14 | both inclusive, prior
to such
subsequent election. In any | ||||||
| 15 | election called for
the submission of the revision or | ||||||
| 16 | alteration of, or the amendments to the
Constitution, submitted | ||||||
| 17 | by a Constitutional Convention, the final day for
registration | ||||||
| 18 | at the office of the election authority charged with the
| ||||||
| 19 | printing of the ballot of this election shall be the 15th day | ||||||
| 20 | prior to the
date of election.
| ||||||
| 21 | Any qualified person residing within the county or any | ||||||
| 22 | portion thereof
subject to this Article may register or | ||||||
| 23 | re-register with the county clerk.
| ||||||
| 24 | Each county clerk shall appoint one or more registration or
| ||||||
| 25 | re-registration teams for the purpose of accepting the | ||||||
| 26 | registration or
re-registration of any voter who files an | ||||||
| |||||||
| |||||||
| 1 | affidavit that he is physically
unable to appear at any | ||||||
| 2 | appointed place of registration or re-registration.
Each team | ||||||
| 3 | shall consist of one member of each political party having the
| ||||||
| 4 | highest and second highest number of registered voters in the | ||||||
| 5 | county. The
county clerk shall designate a team to visit each | ||||||
| 6 | person with a disability disabled person and shall
accept the | ||||||
| 7 | registration or re-registration of each such person as if he | ||||||
| 8 | had
applied for registration or re-registration at the office | ||||||
| 9 | of the county
clerk.
| ||||||
| 10 | As used in this Article, "deputy registrars" and | ||||||
| 11 | "registration
officers" mean any
person authorized to accept | ||||||
| 12 | registrations of electors under this Article.
| ||||||
| 13 | (Source: P.A. 92-816, eff. 8-21-02.)
| ||||||
| 14 | (10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
| ||||||
| 15 | Sec. 4-8.01.
If an applicant for registration reports a | ||||||
| 16 | permanent physical
disability which would require assistance | ||||||
| 17 | in voting, the county clerk shall
mark all his registration | ||||||
| 18 | cards in the right margin on the front of the
card with a band | ||||||
| 19 | of ink running the full margin which shall be of contrast
to, | ||||||
| 20 | and easily distinguishable from, the color of the card. If an | ||||||
| 21 | applicant
for registration declares upon properly witnessed | ||||||
| 22 | oath, with his signature
or mark affixed, that he cannot read | ||||||
| 23 | the English language and that he will
require assistance in | ||||||
| 24 | voting, all his registration cards shall be marked in
a manner | ||||||
| 25 | similar to the marking on the cards of a voter who requires
| ||||||
| |||||||
| |||||||
| 1 | assistance because of physical disability, except that the | ||||||
| 2 | marking shall be
of a different distinguishing color. Following | ||||||
| 3 | each election the cards of
any voter who has requested | ||||||
| 4 | assistance as a voter with a disability disabled voter, and has | ||||||
| 5 | stated
that the disability is permanent, or who has received | ||||||
| 6 | assistance because of
inability to read the English language, | ||||||
| 7 | shall be marked in the same manner.
| ||||||
| 8 | (Source: Laws 1967, p. 3525.)
| ||||||
| 9 | (10 ILCS 5/4-8.02) (from Ch. 46, par. 4-8.02)
| ||||||
| 10 | Sec. 4-8.02.
Upon the issuance of a disabled voter's | ||||||
| 11 | identification card for persons with disabilities as provided
| ||||||
| 12 | in Section 19-12.1, the county clerk shall cause the | ||||||
| 13 | identification number
of such card to be clearly noted on all | ||||||
| 14 | the registration cards of such voter.
| ||||||
| 15 | (Source: P.A. 78-320.)
| ||||||
| 16 | (10 ILCS 5/5-5) (from Ch. 46, par. 5-5)
| ||||||
| 17 | Sec. 5-5.
For the purpose of registering voters under this | ||||||
| 18 | Article 5, in
addition to the method provided for precinct | ||||||
| 19 | registration under Sections
5-6 and 5-17 of this Article 5, the | ||||||
| 20 | office of the county clerk shall be
open between 9:00 a. m. and | ||||||
| 21 | 5:00 p. m. on all days except Saturday,
Sunday and holidays, | ||||||
| 22 | but there shall be no registration at such office
during the 35 | ||||||
| 23 | days immediately preceding any election required to be held
| ||||||
| 24 | under the law but if no precinct registration is being | ||||||
| |||||||
| |||||||
| 1 | conducted prior to
any election then registration may be taken | ||||||
| 2 | in the office of the county
clerk up to and including the 28th | ||||||
| 3 | day prior to an election. On
Saturdays,
the hours of | ||||||
| 4 | registration shall be from 9:00 a. m. to 12:00 p. m. noon.
| ||||||
| 5 | During such 35 or 27 day period, registration of electors of
| ||||||
| 6 | political
subdivisions wherein a regular, or special election | ||||||
| 7 | is required to be held
shall cease and shall not be resumed for | ||||||
| 8 | the registration of electors of
such political subdivisions | ||||||
| 9 | until the second day following the day of such
election. In any | ||||||
| 10 | election called for the submission of the revision or
| ||||||
| 11 | alteration of, or the amendments to the Constitution, submitted | ||||||
| 12 | by a
Constitutional Convention, the final day for registration | ||||||
| 13 | at the office of
the election authority charged with the | ||||||
| 14 | printing of the ballot of this
election shall be the 15th day | ||||||
| 15 | prior to the date of the election.
| ||||||
| 16 | Each county clerk shall appoint one deputy for the purpose | ||||||
| 17 | of
accepting the registration of any voter who files an | ||||||
| 18 | affidavit that he
is physically unable to appear at any | ||||||
| 19 | appointed place of registration.
The county clerk shall | ||||||
| 20 | designate a deputy to visit each person with a disability | ||||||
| 21 | disabled person
and shall accept the registration of each such | ||||||
| 22 | person as if he had
applied for registration at the office of | ||||||
| 23 | the county clerk.
| ||||||
| 24 | The offices of city, village, incorporated town and town | ||||||
| 25 | clerks shall
also be open for the purpose of registering voters | ||||||
| 26 | residing in the
territory in which this Article is in effect, | ||||||
| |||||||
| |||||||
| 1 | and also, in the case of
city, village and incorporated town | ||||||
| 2 | clerks, for the purpose of registering
voters residing in a | ||||||
| 3 | portion of the city, village or incorporated town not
located | ||||||
| 4 | within the county, on all days on which the
office of the | ||||||
| 5 | county clerk is open for the registration of voters of
such | ||||||
| 6 | cities, villages, incorporated towns and townships.
| ||||||
| 7 | (Source: P.A. 92-816, eff. 8-21-02.)
| ||||||
| 8 | (10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
| ||||||
| 9 | Sec. 5-7.01.
If an applicant for registration reports a | ||||||
| 10 | permanent physical
disability which would require assistance | ||||||
| 11 | in voting, the county clerk shall
mark all his registration | ||||||
| 12 | cards in the right margin on the front of the
card with a band | ||||||
| 13 | of ink running the full margin which shall be of contrast
to, | ||||||
| 14 | and easily distinguishable from, the color of the card. If an | ||||||
| 15 | applicant
for registration declares upon properly witnessed | ||||||
| 16 | oath, with his signature
or mark affixed, that he cannot read | ||||||
| 17 | the English language and that he will
require assistance in | ||||||
| 18 | voting, all his registration cards shall be marked in
a manner | ||||||
| 19 | similar to the marking on the cards of a voter who requires
| ||||||
| 20 | assistance because of physical disability, except that the | ||||||
| 21 | marking shall be
of a different distinguishing color. Following | ||||||
| 22 | each election the cards of
any voter who has requested | ||||||
| 23 | assistance as a voter with a disability disabled voter, and has | ||||||
| 24 | stated
that the disability is permanent, or who has received | ||||||
| 25 | assistance because of
inability to read the English language, | ||||||
| |||||||
| |||||||
| 1 | shall be marked in the same manner.
| ||||||
| 2 | (Source: Laws 1967, p. 3524.)
| ||||||
| 3 | (10 ILCS 5/5-7.02) (from Ch. 46, par. 5-7.02)
| ||||||
| 4 | Sec. 5-7.02.
Upon the issuance of a disabled voter's | ||||||
| 5 | identification card for persons with disabilities as provided
| ||||||
| 6 | in Section 19-12.1, the county clerk shall cause the | ||||||
| 7 | identification number
of such card to be clearly noted on all | ||||||
| 8 | the registration cards of such voter.
| ||||||
| 9 | (Source: P.A. 78-320.)
| ||||||
| 10 | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
| ||||||
| 11 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 12 | Sec. 6-29.
For the purpose of registering voters under this | ||||||
| 13 | Article,
the office of the Board of Election Commissioners | ||||||
| 14 | shall be open during
ordinary business hours of each week day, | ||||||
| 15 | from 9 a.m. to 12 o'clock noon
on the last four Saturdays | ||||||
| 16 | immediately preceding the end of the period
of registration | ||||||
| 17 | preceding each election, and such other days and such
other | ||||||
| 18 | times as the board may direct. During the 27 days immediately
| ||||||
| 19 | preceding any election there shall be no registration of voters | ||||||
| 20 | at the
office of the Board of Election Commissioners in cities, | ||||||
| 21 | villages and
incorporated towns of fewer than 200,000 | ||||||
| 22 | inhabitants. In cities,
villages and incorporated towns of | ||||||
| 23 | 200,000 or more inhabitants, there
shall be no registration of | ||||||
| 24 | voters at the office of the Board of
Election Commissioners | ||||||
| |||||||
| |||||||
| 1 | during the 35 days immediately preceding any
election; | ||||||
| 2 | provided, however, where no precinct registration is being
| ||||||
| 3 | conducted prior to any election then registration may be taken | ||||||
| 4 | in the
office of the Board up to and including the 28th day | ||||||
| 5 | prior to such
election. The Board of Election Commissioners may | ||||||
| 6 | set up and establish
as many branch offices for the purpose of | ||||||
| 7 | taking registrations as it may
deem necessary, and the branch | ||||||
| 8 | offices may be open on any or all dates
and hours during which | ||||||
| 9 | registrations may be taken in the main office.
All officers and | ||||||
| 10 | employees of the Board of Election Commissioners who
are | ||||||
| 11 | authorized by such board to take registrations under this | ||||||
| 12 | Article
shall be considered officers of the circuit court, and | ||||||
| 13 | shall be subject
to the same control as is provided by Section | ||||||
| 14 | 14-5 of this Act with
respect to judges of election.
| ||||||
| 15 | In any election called for the submission of the revision | ||||||
| 16 | or
alteration of, or the amendments to the Constitution, | ||||||
| 17 | submitted by a
Constitutional Convention, the final day for | ||||||
| 18 | registration at the office
of the election authority charged | ||||||
| 19 | with the printing of the ballot of
this election shall be the | ||||||
| 20 | 15th day prior to the date of election.
| ||||||
| 21 | The Board of Election Commissioners shall appoint one or | ||||||
| 22 | more
registration teams, consisting of 2 of its employees for | ||||||
| 23 | each team, for
the purpose of accepting the registration of any | ||||||
| 24 | voter who files an
affidavit, within the period for taking | ||||||
| 25 | registrations provided for in
this Article, that he is | ||||||
| 26 | physically unable to appear at the office of
the Board or at | ||||||
| |||||||
| |||||||
| 1 | any appointed place of registration. On the day or days
when a | ||||||
| 2 | precinct registration is being conducted such teams shall | ||||||
| 3 | consist
of one member from each of the 2 leading political | ||||||
| 4 | parties who are
serving on the Precinct Registration Board. | ||||||
| 5 | Each team so designated
shall visit each person with a | ||||||
| 6 | disability disabled person and shall accept the registration of
| ||||||
| 7 | such person the same as if he had applied for registration in | ||||||
| 8 | person.
| ||||||
| 9 | Any otherwise qualified person who is absent from his | ||||||
| 10 | county of
residence due to business of the United States, or | ||||||
| 11 | who is temporarily residing
outside the territorial limits of | ||||||
| 12 | the United
States, may make application to become registered by | ||||||
| 13 | mail to the Board
of Election Commissioners within the periods | ||||||
| 14 | for registration provided
for in this Article or by | ||||||
| 15 | simultaneous application for absentee registration
and | ||||||
| 16 | absentee ballot as provided in Article 20 of this Code.
| ||||||
| 17 | Upon receipt of such application the Board of Election | ||||||
| 18 | Commissioners
shall immediately mail an affidavit of | ||||||
| 19 | registration in duplicate, which
affidavit shall contain the | ||||||
| 20 | following and such other information as the
State Board of | ||||||
| 21 | Elections may think it proper to require for the
identification | ||||||
| 22 | of the applicant:
| ||||||
| 23 | Name. The name of the applicant, giving surname and first | ||||||
| 24 | or
Christian name in full, and the middle name or the initial | ||||||
| 25 | for such
middle name, if any.
| ||||||
| 26 | Sex.
| ||||||
| |||||||
| |||||||
| 1 | Residence. The name and number of the street, avenue or | ||||||
| 2 | other
location of the dwelling, and such additional clear and | ||||||
| 3 | definite
description as may be necessary to determine the exact | ||||||
| 4 | location of the
dwelling of the applicant. Where the location | ||||||
| 5 | cannot be determined by
street and number, then the section, | ||||||
| 6 | congressional township and range
number may be used, or such | ||||||
| 7 | other information as may be necessary,
including post office | ||||||
| 8 | mailing address.
| ||||||
| 9 | Electronic mail address, if the registrant has provided | ||||||
| 10 | this information. | ||||||
| 11 | Term of residence in the State of Illinois and the | ||||||
| 12 | precinct.
| ||||||
| 13 | Nativity. The state or country in which the applicant was | ||||||
| 14 | born.
| ||||||
| 15 | Citizenship. Whether the applicant is native born or | ||||||
| 16 | naturalized.
If naturalized, the court, place and date of | ||||||
| 17 | naturalization.
| ||||||
| 18 | Age. Date of birth, by month, day and year.
| ||||||
| 19 | Out of State address of ..................
| ||||||
| 20 | AFFIDAVIT OF REGISTRATION
| ||||||
| 21 | State of .........)
| ||||||
| 22 | ) ss.
| ||||||
| 23 | County of ........)
| ||||||
| 24 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 25 | United States;
that on the day of the next election I shall | ||||||
| 26 | have resided in the State
of Illinois and in the election | ||||||
| |||||||
| |||||||
| 1 | precinct 30 days; that I am fully
qualified to vote, that I am | ||||||
| 2 | not registered to vote anywhere else in the
United States, that | ||||||
| 3 | I intend to remain a resident of the State of
Illinois, and of | ||||||
| 4 | the election precinct, that I intend to return to the State
of | ||||||
| 5 | Illinois, and that the
above statements are true.
| ||||||
| 6 | ..............................
| ||||||
| 7 | (His or her signature or mark)
| ||||||
| 8 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 9 | administer
oaths, on (insert date).
| ||||||
| 10 | ........................................
| ||||||
| 11 | Signature of officer administering oath.
| ||||||
| 12 | Upon receipt of the executed duplicate affidavit of | ||||||
| 13 | Registration, the
Board of Election Commissioners shall | ||||||
| 14 | transfer the information contained
thereon to duplicate | ||||||
| 15 | Registration Cards provided for in Section 6-35 of
this Article | ||||||
| 16 | and shall attach thereto a copy of each of the duplicate
| ||||||
| 17 | affidavit of registration and thereafter such registration | ||||||
| 18 | card and
affidavit shall constitute the registration of such | ||||||
| 19 | person the same as
if he had applied for registration in | ||||||
| 20 | person.
| ||||||
| 21 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
| 22 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 23 | Sec. 6-29.
For the purpose of registering voters under this | ||||||
| 24 | Article,
the office of the Board of Election Commissioners | ||||||
| 25 | shall be open during
ordinary business hours of each week day, | ||||||
| |||||||
| |||||||
| 1 | from 9 a.m. to 12 o'clock noon
on the last four Saturdays | ||||||
| 2 | immediately preceding the end of the period
of registration | ||||||
| 3 | preceding each election, and such other days and such
other | ||||||
| 4 | times as the board may direct. During the 27 days immediately
| ||||||
| 5 | preceding any election there shall be no registration of voters | ||||||
| 6 | at the
office of the Board of Election Commissioners in cities, | ||||||
| 7 | villages and
incorporated towns of fewer than 200,000 | ||||||
| 8 | inhabitants. In cities,
villages and incorporated towns of | ||||||
| 9 | 200,000 or more inhabitants, there
shall be no registration of | ||||||
| 10 | voters at the office of the Board of
Election Commissioners | ||||||
| 11 | during the 35 days immediately preceding any
election; | ||||||
| 12 | provided, however, where no precinct registration is being
| ||||||
| 13 | conducted prior to any election then registration may be taken | ||||||
| 14 | in the
office of the Board up to and including the 28th day | ||||||
| 15 | prior to such
election. The Board of Election Commissioners may | ||||||
| 16 | set up and establish
as many branch offices for the purpose of | ||||||
| 17 | taking registrations as it may
deem necessary, and the branch | ||||||
| 18 | offices may be open on any or all dates
and hours during which | ||||||
| 19 | registrations may be taken in the main office.
All officers and | ||||||
| 20 | employees of the Board of Election Commissioners who
are | ||||||
| 21 | authorized by such board to take registrations under this | ||||||
| 22 | Article
shall be considered officers of the circuit court, and | ||||||
| 23 | shall be subject
to the same control as is provided by Section | ||||||
| 24 | 14-5 of this Act with
respect to judges of election.
| ||||||
| 25 | In any election called for the submission of the revision | ||||||
| 26 | or
alteration of, or the amendments to the Constitution, | ||||||
| |||||||
| |||||||
| 1 | submitted by a
Constitutional Convention, the final day for | ||||||
| 2 | registration at the office
of the election authority charged | ||||||
| 3 | with the printing of the ballot of
this election shall be the | ||||||
| 4 | 15th day prior to the date of election.
| ||||||
| 5 | The Board of Election Commissioners shall appoint one or | ||||||
| 6 | more
registration teams, consisting of 2 of its employees for | ||||||
| 7 | each team, for
the purpose of accepting the registration of any | ||||||
| 8 | voter who files an
affidavit, within the period for taking | ||||||
| 9 | registrations provided for in
this Article, that he is | ||||||
| 10 | physically unable to appear at the office of
the Board or at | ||||||
| 11 | any appointed place of registration. On the day or days
when a | ||||||
| 12 | precinct registration is being conducted such teams shall | ||||||
| 13 | consist
of one member from each of the 2 leading political | ||||||
| 14 | parties who are
serving on the Precinct Registration Board. | ||||||
| 15 | Each team so designated
shall visit each person with a | ||||||
| 16 | disability disabled person and shall accept the registration of
| ||||||
| 17 | such person the same as if he had applied for registration in | ||||||
| 18 | person.
| ||||||
| 19 | Any otherwise qualified person who is absent from his | ||||||
| 20 | county of
residence due to business of the United States, or | ||||||
| 21 | who is temporarily residing
outside the territorial limits of | ||||||
| 22 | the United
States, may make application to become registered by | ||||||
| 23 | mail to the Board
of Election Commissioners within the periods | ||||||
| 24 | for registration provided
for in this Article or by | ||||||
| 25 | simultaneous application for registration by mail
and vote by | ||||||
| 26 | mail ballot as provided in Article 20 of this Code.
| ||||||
| |||||||
| |||||||
| 1 | Upon receipt of such application the Board of Election | ||||||
| 2 | Commissioners
shall immediately mail an affidavit of | ||||||
| 3 | registration in duplicate, which
affidavit shall contain the | ||||||
| 4 | following and such other information as the
State Board of | ||||||
| 5 | Elections may think it proper to require for the
identification | ||||||
| 6 | of the applicant:
| ||||||
| 7 | Name. The name of the applicant, giving surname and first | ||||||
| 8 | or
Christian name in full, and the middle name or the initial | ||||||
| 9 | for such
middle name, if any.
| ||||||
| 10 | Sex.
| ||||||
| 11 | Residence. The name and number of the street, avenue or | ||||||
| 12 | other
location of the dwelling, and such additional clear and | ||||||
| 13 | definite
description as may be necessary to determine the exact | ||||||
| 14 | location of the
dwelling of the applicant. Where the location | ||||||
| 15 | cannot be determined by
street and number, then the section, | ||||||
| 16 | congressional township and range
number may be used, or such | ||||||
| 17 | other information as may be necessary,
including post office | ||||||
| 18 | mailing address.
| ||||||
| 19 | Electronic mail address, if the registrant has provided | ||||||
| 20 | this information. | ||||||
| 21 | Term of residence in the State of Illinois and the | ||||||
| 22 | precinct.
| ||||||
| 23 | Nativity. The state or country in which the applicant was | ||||||
| 24 | born.
| ||||||
| 25 | Citizenship. Whether the applicant is native born or | ||||||
| 26 | naturalized.
If naturalized, the court, place and date of | ||||||
| |||||||
| |||||||
| 1 | naturalization.
| ||||||
| 2 | Age. Date of birth, by month, day and year.
| ||||||
| 3 | Out of State address of ..................
| ||||||
| 4 | AFFIDAVIT OF REGISTRATION
| ||||||
| 5 | State of .........)
| ||||||
| 6 | ) ss.
| ||||||
| 7 | County of ........)
| ||||||
| 8 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 9 | United States;
that on the day of the next election I shall | ||||||
| 10 | have resided in the State
of Illinois and in the election | ||||||
| 11 | precinct 30 days; that I am fully
qualified to vote, that I am | ||||||
| 12 | not registered to vote anywhere else in the
United States, that | ||||||
| 13 | I intend to remain a resident of the State of
Illinois, and of | ||||||
| 14 | the election precinct, that I intend to return to the State
of | ||||||
| 15 | Illinois, and that the
above statements are true.
| ||||||
| 16 | ..............................
| ||||||
| 17 | (His or her signature or mark)
| ||||||
| 18 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 19 | administer
oaths, on (insert date).
| ||||||
| 20 | ........................................
| ||||||
| 21 | Signature of officer administering oath.
| ||||||
| 22 | Upon receipt of the executed duplicate affidavit of | ||||||
| 23 | Registration, the
Board of Election Commissioners shall | ||||||
| 24 | transfer the information contained
thereon to duplicate | ||||||
| 25 | Registration Cards provided for in Section 6-35 of
this Article | ||||||
| 26 | and shall attach thereto a copy of each of the duplicate
| ||||||
| |||||||
| |||||||
| 1 | affidavit of registration and thereafter such registration | ||||||
| 2 | card and
affidavit shall constitute the registration of such | ||||||
| 3 | person the same as
if he had applied for registration in | ||||||
| 4 | person.
| ||||||
| 5 | (Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15.)
| ||||||
| 6 | (10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
| ||||||
| 7 | Sec. 6-35.01.
If an applicant for registration reports a | ||||||
| 8 | permanent physical
disability which would require assistance | ||||||
| 9 | in voting, the board of election
commissioners shall mark all | ||||||
| 10 | his registration cards in the right margin on
the front of the | ||||||
| 11 | card with a band of ink running the full margin which
shall be | ||||||
| 12 | of contrast to, and easily distinguishable from, the color of | ||||||
| 13 | the
card. If an applicant for registration declares upon | ||||||
| 14 | properly witnessed
oath, with his signature or mark affixed, | ||||||
| 15 | that he cannot read the English
language and that he will | ||||||
| 16 | require assistance in voting, all his
registration cards shall | ||||||
| 17 | be marked in a manner similar to the marking on
the cards of a | ||||||
| 18 | voter who requires assistance because of physical
disability, | ||||||
| 19 | except that the marking shall be of a different distinguishing
| ||||||
| 20 | color. Following each election the cards of any voter who has | ||||||
| 21 | requested
assistance as a voter with a disability disabled | ||||||
| 22 | voter, and has stated that the disability is
permanent, or who | ||||||
| 23 | has received assistance because of inability to read the
| ||||||
| 24 | English language, shall be marked in the same manner.
| ||||||
| 25 | (Source: Laws 1967, p. 3524.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/6-35.02) (from Ch. 46, par. 6-35.02)
| ||||||
| 2 | Sec. 6-35.02.
Upon the issuance of a disabled voter's | ||||||
| 3 | identification card for persons with disabilities as provided
| ||||||
| 4 | in Section 19-12.1, the board of election commissioners shall | ||||||
| 5 | cause the
identification number of such card to be clearly | ||||||
| 6 | noted on all the
registration cards of such voter.
| ||||||
| 7 | (Source: P.A. 78-320.)
| ||||||
| 8 | (10 ILCS 5/6-50) (from Ch. 46, par. 6-50)
| ||||||
| 9 | Sec. 6-50.
The office of the board of election | ||||||
| 10 | commissioners shall be open
during ordinary business hours of | ||||||
| 11 | each week day, from 9 a.m. to 12 o'clock noon
on the last four | ||||||
| 12 | Saturdays immediately preceding the end of the period of
| ||||||
| 13 | registration
preceding each election, and such other days and
| ||||||
| 14 | such other times as the board may direct.
There shall be no | ||||||
| 15 | registration at the office
of the board of election | ||||||
| 16 | commissioners in cities, villages and incorporated
towns of | ||||||
| 17 | fewer than 200,000 inhabitants during the 27 days preceding
any
| ||||||
| 18 | primary, regular or special election at which the cards | ||||||
| 19 | provided for in
this article are used, or until the second day | ||||||
| 20 | following such primary,
regular or special election. In cities, | ||||||
| 21 | villages and incorporated towns of
200,000 or more inhabitants, | ||||||
| 22 | there shall be no registration of voters at
the office of the | ||||||
| 23 | board of election commissioners during the 35 days
immediately | ||||||
| 24 | preceding any election; provided, however, where no precinct
| ||||||
| |||||||
| |||||||
| 1 | registration is being conducted prior to any election then | ||||||
| 2 | registration may
be taken in the office of the board up to and | ||||||
| 3 | including the 28th
day prior
to such election. In any election | ||||||
| 4 | called for the submission of the revision
or alteration of, or | ||||||
| 5 | the amendments to the Constitution, submitted by a
| ||||||
| 6 | Constitutional Convention, the final day for registration at | ||||||
| 7 | the office of
the election authority charged with the printing | ||||||
| 8 | of the ballot of this
election shall be the 15th day prior to | ||||||
| 9 | the date of election.
| ||||||
| 10 | The Board of Election Commissioners shall appoint one or | ||||||
| 11 | more
registration teams, each consisting of one member from | ||||||
| 12 | each of the 2
leading political parties, for the purpose of | ||||||
| 13 | accepting the registration of
any voter who files an affidavit, | ||||||
| 14 | within the period for taking
registrations provided for in this | ||||||
| 15 | Article, that he is physically unable to
appear at the office | ||||||
| 16 | of the Board or at any appointed place of
registration. On the | ||||||
| 17 | day or days when a precinct registration is being
conducted | ||||||
| 18 | such teams shall consist of one member from each of the 2 | ||||||
| 19 | leading
political parties who are serving on the precinct | ||||||
| 20 | registration board. Each
team so designated shall visit each | ||||||
| 21 | person with a disability disabled person and shall accept the
| ||||||
| 22 | registration of such person the same as if he had applied for | ||||||
| 23 | registration
in person.
| ||||||
| 24 | The office of the board of election commissioners may be | ||||||
| 25 | designated as a
place of registration under Section 6-51 of | ||||||
| 26 | this Article and, if so
designated, may also be open for | ||||||
| |||||||
| |||||||
| 1 | purposes of registration on such day or
days as may be | ||||||
| 2 | specified by the board of election commissioners under the
| ||||||
| 3 | provisions of that Section.
| ||||||
| 4 | (Source: P.A. 92-816, eff. 8-21-02.)
| ||||||
| 5 | (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
| ||||||
| 6 | (Text of Section before amendment by P.A. 98-1171) | ||||||
| 7 | Sec. 7-15. At least 60 days prior to each general and | ||||||
| 8 | consolidated primary,
the election authority shall provide | ||||||
| 9 | public notice, calculated to reach
elderly voters and voters | ||||||
| 10 | with disabilities and handicapped voters, of the availability | ||||||
| 11 | of registration and
voting aids under the Federal Voting | ||||||
| 12 | Accessibility for the Elderly and
Handicapped Act, of the | ||||||
| 13 | availability of assistance in marking the ballot,
procedures | ||||||
| 14 | for voting by absentee ballot, and procedures for early
voting
| ||||||
| 15 | by personal appearance.
At least 20 days before the general | ||||||
| 16 | primary the county
clerk of each county, and not more than 30 | ||||||
| 17 | nor less than 10 days before
the consolidated primary the | ||||||
| 18 | election authority, shall prepare in the
manner provided in | ||||||
| 19 | this Act, a notice of such primary which notice shall
state the | ||||||
| 20 | time and place of holding the primary, the hours during which
| ||||||
| 21 | the polls will be open, the offices for which candidates will | ||||||
| 22 | be
nominated at such primary and the political parties entitled | ||||||
| 23 | to
participate therein, notwithstanding that no candidate of | ||||||
| 24 | any such
political party may be entitled to have his name | ||||||
| 25 | printed on the primary
ballot. Such notice shall also include | ||||||
| |||||||
| |||||||
| 1 | the list of addresses of
precinct polling places for the | ||||||
| 2 | consolidated primary unless such list is
separately published | ||||||
| 3 | by the election authority not less than 10 days
before the | ||||||
| 4 | consolidated primary.
| ||||||
| 5 | In counties, municipalities, or towns having fewer than | ||||||
| 6 | 500,000
inhabitants notice of the general primary shall be | ||||||
| 7 | published once in two
or more newspapers published in the | ||||||
| 8 | county, municipality or town, as the
case may be, or if there | ||||||
| 9 | is no such newspaper, then in any two or more
newspapers | ||||||
| 10 | published in the county and having a general circulation
| ||||||
| 11 | throughout the community.
| ||||||
| 12 | In counties, municipalities, or towns having 500,000 or | ||||||
| 13 | more
inhabitants notice of the general primary shall be | ||||||
| 14 | published at least 15
days prior to the primary by the same | ||||||
| 15 | authorities and in the same manner
as notice of election for | ||||||
| 16 | general elections are required to be published
in counties, | ||||||
| 17 | municipalities or towns of 500,000 or more inhabitants
under | ||||||
| 18 | this Act.
| ||||||
| 19 | Notice of the consolidated primary shall be published once | ||||||
| 20 | in one or
more newspapers published in each political | ||||||
| 21 | subdivision having such
primary, and if there is no such | ||||||
| 22 | newspaper, then published once in a
local, community newspaper | ||||||
| 23 | having general circulation in the
subdivision, and also once in | ||||||
| 24 | a newspaper published in the county
wherein the political | ||||||
| 25 | subdivisions, or portions thereof, having such
primary are | ||||||
| 26 | situated.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
| 2 | (Text of Section after amendment by P.A. 98-1171) | ||||||
| 3 | Sec. 7-15. At least 60 days prior to each general and | ||||||
| 4 | consolidated primary,
the election authority shall provide | ||||||
| 5 | public notice, calculated to reach
elderly voters and voters | ||||||
| 6 | with disabilities and handicapped voters, of the availability | ||||||
| 7 | of registration and
voting aids under the Federal Voting | ||||||
| 8 | Accessibility for the Elderly and
Handicapped Act, of the | ||||||
| 9 | availability of assistance in marking the ballot,
procedures | ||||||
| 10 | for voting by a vote by mail ballot, and procedures for early
| ||||||
| 11 | voting
by personal appearance.
At least 20 days before the | ||||||
| 12 | general primary the county
clerk of each county, and not more | ||||||
| 13 | than 30 nor less than 10 days before
the consolidated primary | ||||||
| 14 | the election authority, shall prepare in the
manner provided in | ||||||
| 15 | this Act, a notice of such primary which notice shall
state the | ||||||
| 16 | time and place of holding the primary, the hours during which
| ||||||
| 17 | the polls will be open, the offices for which candidates will | ||||||
| 18 | be
nominated at such primary and the political parties entitled | ||||||
| 19 | to
participate therein, notwithstanding that no candidate of | ||||||
| 20 | any such
political party may be entitled to have his name | ||||||
| 21 | printed on the primary
ballot. Such notice shall also include | ||||||
| 22 | the list of addresses of
precinct polling places for the | ||||||
| 23 | consolidated primary unless such list is
separately published | ||||||
| 24 | by the election authority not less than 10 days
before the | ||||||
| 25 | consolidated primary.
| ||||||
| |||||||
| |||||||
| 1 | In counties, municipalities, or towns having fewer than | ||||||
| 2 | 500,000
inhabitants notice of the general primary shall be | ||||||
| 3 | published once in two
or more newspapers published in the | ||||||
| 4 | county, municipality or town, as the
case may be, or if there | ||||||
| 5 | is no such newspaper, then in any two or more
newspapers | ||||||
| 6 | published in the county and having a general circulation
| ||||||
| 7 | throughout the community.
| ||||||
| 8 | In counties, municipalities, or towns having 500,000 or | ||||||
| 9 | more
inhabitants notice of the general primary shall be | ||||||
| 10 | published at least 15
days prior to the primary by the same | ||||||
| 11 | authorities and in the same manner
as notice of election for | ||||||
| 12 | general elections are required to be published
in counties, | ||||||
| 13 | municipalities or towns of 500,000 or more inhabitants
under | ||||||
| 14 | this Act.
| ||||||
| 15 | Notice of the consolidated primary shall be published once | ||||||
| 16 | in one or
more newspapers published in each political | ||||||
| 17 | subdivision having such
primary, and if there is no such | ||||||
| 18 | newspaper, then published once in a
local, community newspaper | ||||||
| 19 | having general circulation in the
subdivision, and also once in | ||||||
| 20 | a newspaper published in the county
wherein the political | ||||||
| 21 | subdivisions, or portions thereof, having such
primary are | ||||||
| 22 | situated.
| ||||||
| 23 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 24 | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
| ||||||
| 25 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11-4.1. (a) In appointing polling places under this | ||||||
| 2 | Article, the
county board or board of election commissioners | ||||||
| 3 | shall, insofar as they are
convenient and available, use | ||||||
| 4 | schools and other public buildings as polling
places.
| ||||||
| 5 | (b) Upon request of the county board or board of election | ||||||
| 6 | commissioners,
the proper agency of government (including | ||||||
| 7 | school districts and units of
local government) shall make a | ||||||
| 8 | public building under its control available
for use as a | ||||||
| 9 | polling place on an election day and for a reasonably
necessary | ||||||
| 10 | time before and after election day, without charge.
If the | ||||||
| 11 | county board or board of election commissioners chooses a | ||||||
| 12 | school
to be a polling place, then the school district must | ||||||
| 13 | make the school
available for use as a polling place.
However, | ||||||
| 14 | for the day of the election, a school district is encouraged to | ||||||
| 15 | (i) close the school or (ii) hold a teachers institute on that | ||||||
| 16 | day with students not in attendance.
| ||||||
| 17 | (c) A government agency which makes a public building under | ||||||
| 18 | its
control available for use as a polling place shall (i) | ||||||
| 19 | ensure the portion of
the building to be used as the polling | ||||||
| 20 | place is accessible to voters with disabilities handicapped
and | ||||||
| 21 | elderly voters and (ii) allow the election authority to | ||||||
| 22 | administer the election as authorized under this Code.
| ||||||
| 23 | (d) If a qualified elector's precinct polling place is a | ||||||
| 24 | school and the elector will be unable to enter that polling | ||||||
| 25 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
| 26 | 2012 because the elector is a child sex offender as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 11-9.3 of the Criminal Code of 2012, that elector may | ||||||
| 2 | vote by absentee ballot in accordance with Article 19 of this | ||||||
| 3 | Code or may vote early in accordance with Article 19A of this | ||||||
| 4 | Code. | ||||||
| 5 | (Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
| ||||||
| 6 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 7 | Sec. 11-4.1. (a) In appointing polling places under this | ||||||
| 8 | Article, the
county board or board of election commissioners | ||||||
| 9 | shall, insofar as they are
convenient and available, use | ||||||
| 10 | schools and other public buildings as polling
places.
| ||||||
| 11 | (b) Upon request of the county board or board of election | ||||||
| 12 | commissioners,
the proper agency of government (including | ||||||
| 13 | school districts and units of
local government) shall make a | ||||||
| 14 | public building under its control available
for use as a | ||||||
| 15 | polling place on an election day and for a reasonably
necessary | ||||||
| 16 | time before and after election day, without charge.
If the | ||||||
| 17 | county board or board of election commissioners chooses a | ||||||
| 18 | school
to be a polling place, then the school district must | ||||||
| 19 | make the school
available for use as a polling place.
However, | ||||||
| 20 | for the day of the election, a school district is encouraged to | ||||||
| 21 | (i) close the school or (ii) hold a teachers institute on that | ||||||
| 22 | day with students not in attendance.
| ||||||
| 23 | (c) A government agency which makes a public building under | ||||||
| 24 | its
control available for use as a polling place shall (i) | ||||||
| 25 | ensure the portion of
the building to be used as the polling | ||||||
| |||||||
| |||||||
| 1 | place is accessible to voters with disabilities handicapped
and | ||||||
| 2 | elderly voters and (ii) allow the election authority to | ||||||
| 3 | administer the election as authorized under this Code.
| ||||||
| 4 | (d) If a qualified elector's precinct polling place is a | ||||||
| 5 | school and the elector will be unable to enter that polling | ||||||
| 6 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
| 7 | 2012 because the elector is a child sex offender as defined in | ||||||
| 8 | Section 11-9.3 of the Criminal Code of 2012, that elector may | ||||||
| 9 | vote by a vote by mail ballot in accordance with Article 19 of | ||||||
| 10 | this Code or may vote early in accordance with Article 19A of | ||||||
| 11 | this Code. | ||||||
| 12 | (Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14; | ||||||
| 13 | 98-1171, eff. 6-1-15.)
| ||||||
| 14 | (10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
| ||||||
| 15 | Sec. 11-4.2.
(a) Except as otherwise provided in subsection | ||||||
| 16 | (b) all
polling places shall be accessible to voters with | ||||||
| 17 | disabilities handicapped and elderly voters, as
determined by | ||||||
| 18 | rule of the State Board of Elections.
| ||||||
| 19 | (b) Subsection (a) of this Section shall not apply to a | ||||||
| 20 | polling place
(1) in the case of an emergency, as determined by | ||||||
| 21 | the State Board of
Elections; or (2) if the State Board of | ||||||
| 22 | Elections (A) determines that all
potential polling places have | ||||||
| 23 | been surveyed and no such accessible place is
available, nor is | ||||||
| 24 | the election authority able to make one accessible; and
(B) | ||||||
| 25 | assures that any voter with a disability handicapped or elderly | ||||||
| |||||||
| |||||||
| 1 | voter assigned to an
inaccessible polling place, upon advance | ||||||
| 2 | request of such voter (pursuant to
procedures established by | ||||||
| 3 | rule of the State Board of Elections) will be
provided with an | ||||||
| 4 | alternative means for casting a ballot on the day of the
| ||||||
| 5 | election or will be assigned to an accessible polling place.
| ||||||
| 6 | (c) No later than December 31 of each even numbered year, | ||||||
| 7 | the State
Board of Elections shall report to the Federal | ||||||
| 8 | Election Commission the
number of accessible and inaccessible | ||||||
| 9 | polling places in the State on the
date of the next preceding | ||||||
| 10 | general election, and the reasons for any
instance of | ||||||
| 11 | inaccessibility.
| ||||||
| 12 | (Source: P.A. 84-808.)
| ||||||
| 13 | (10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)
| ||||||
| 14 | Sec. 11-4.3.
All polling places and permanent registration
| ||||||
| 15 | facilities shall have available registration and voting aids | ||||||
| 16 | for
persons with disabilities handicapped and elderly | ||||||
| 17 | individuals including instructions, printed in
large type, | ||||||
| 18 | conspicuously displayed.
| ||||||
| 19 | (Source: P.A. 84-808.)
| ||||||
| 20 | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
| ||||||
| 21 | (Text of Section before amendment by P.A. 98-1171) | ||||||
| 22 | Sec. 12-1. At least 60 days prior to each general and | ||||||
| 23 | consolidated election,
the election authority shall provide | ||||||
| 24 | public notice, calculated to reach
elderly voters and voters | ||||||
| |||||||
| |||||||
| 1 | with disabilities and handicapped voters, of the availability | ||||||
| 2 | of registration and
voting aids under the Federal Voting | ||||||
| 3 | Accessibility for the Elderly and
Handicapped Act, of the | ||||||
| 4 | availability of assistance in marking the ballot,
procedures | ||||||
| 5 | for voting by absentee ballot, and procedures for voting
early | ||||||
| 6 | by personal appearance.
| ||||||
| 7 | At least 30 days before any general election, and at least | ||||||
| 8 | 20 days
before any special congressional election, the
county | ||||||
| 9 | clerk shall publish a notice of the election in 2 or more
| ||||||
| 10 | newspapers published in the county, city, village,
| ||||||
| 11 | incorporated town or town, as the case may be, or if there is | ||||||
| 12 | no such
newspaper, then in any 2 or more newspapers published | ||||||
| 13 | in the
county and having a general circulation throughout the | ||||||
| 14 | community. The
notice may be substantially as follows:
| ||||||
| 15 | Notice is hereby given that on (give date), at (give the | ||||||
| 16 | place of
holding the election and the name of the precinct or | ||||||
| 17 | district) in the
county of (name county), an election will be | ||||||
| 18 | held for (give the title of
the several offices to be filled), | ||||||
| 19 | which election will be open at 6:00
a.m. and continued open | ||||||
| 20 | until 7:00 p.m. of that day.
| ||||||
| 21 | Dated at .... on (insert date).
| ||||||
| 22 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
| 23 | (Text of Section after amendment by P.A. 98-1171) | ||||||
| 24 | Sec. 12-1. At least 60 days prior to each general and | ||||||
| 25 | consolidated election,
the election authority shall provide | ||||||
| |||||||
| |||||||
| 1 | public notice, calculated to reach
elderly voters and voters | ||||||
| 2 | with disabilities and handicapped voters, of the availability | ||||||
| 3 | of registration and
voting aids under the Federal Voting | ||||||
| 4 | Accessibility for the Elderly and
Handicapped Act, of the | ||||||
| 5 | availability of assistance in marking the ballot,
procedures | ||||||
| 6 | for voting by vote by mail ballot, and procedures for voting
| ||||||
| 7 | early by personal appearance.
| ||||||
| 8 | At least 30 days before any general election, and at least | ||||||
| 9 | 20 days
before any special congressional election, the
county | ||||||
| 10 | clerk shall publish a notice of the election in 2 or more
| ||||||
| 11 | newspapers published in the county, city, village,
| ||||||
| 12 | incorporated town or town, as the case may be, or if there is | ||||||
| 13 | no such
newspaper, then in any 2 or more newspapers published | ||||||
| 14 | in the
county and having a general circulation throughout the | ||||||
| 15 | community. The
notice may be substantially as follows:
| ||||||
| 16 | Notice is hereby given that on (give date), at (give the | ||||||
| 17 | place of
holding the election and the name of the precinct or | ||||||
| 18 | district) in the
county of (name county), an election will be | ||||||
| 19 | held for (give the title of
the several offices to be filled), | ||||||
| 20 | which election will be open at 6:00
a.m. and continued open | ||||||
| 21 | until 7:00 p.m. of that day.
| ||||||
| 22 | Dated at .... on (insert date).
| ||||||
| 23 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 24 | (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
| ||||||
| 25 | Sec. 17-13.
(a) In the case of an emergency, as determined | ||||||
| |||||||
| |||||||
| 1 | by the
State Board of Elections, or if the Board determines | ||||||
| 2 | that all potential
polling places have been surveyed by the | ||||||
| 3 | election authority and that no
accessible polling place, as | ||||||
| 4 | defined by rule of the State Board of
Elections, is available | ||||||
| 5 | within a precinct nor is the election authority
able to make a | ||||||
| 6 | polling place within the precinct temporarily accessible,
the | ||||||
| 7 | Board, upon written application by the election authority, is
| ||||||
| 8 | authorized to grant an exemption from the accessibility | ||||||
| 9 | requirements of the
Federal Voting Accessibility for the | ||||||
| 10 | Elderly and Handicapped Act (Public
Law 98-435). Such exemption | ||||||
| 11 | shall be valid for a period of 2 years.
| ||||||
| 12 | (b) Any voter with a temporary or permanent disability | ||||||
| 13 | temporarily or permanently physically disabled voter who,
| ||||||
| 14 | because of structural features of the building in which the | ||||||
| 15 | polling place
is located, is unable to access or enter the | ||||||
| 16 | polling place, may request
that 2 judges of election of | ||||||
| 17 | opposite party affiliation deliver a ballot to
him or her at | ||||||
| 18 | the point where he or she is unable to continue forward
motion | ||||||
| 19 | toward the polling place; but, in no case, shall a ballot be
| ||||||
| 20 | delivered to the voter beyond 50 feet of the entrance to the | ||||||
| 21 | building in
which the polling place is located. Such request | ||||||
| 22 | shall be made to the
election authority not later than the | ||||||
| 23 | close of business at the election
authority's office on the day | ||||||
| 24 | before the election and on a form prescribed
by the State Board | ||||||
| 25 | of Elections. The election authority shall notify the
judges of | ||||||
| 26 | election for the appropriate precinct polling places of such | ||||||
| |||||||
| |||||||
| 1 | requests.
| ||||||
| 2 | Weather permitting, 2 judges of election shall deliver to | ||||||
| 3 | the
voter with a disability disabled voter the ballot which he | ||||||
| 4 | or she is entitled to vote, a portable
voting booth or other | ||||||
| 5 | enclosure that will allow such voter to mark his or
her ballot | ||||||
| 6 | in secrecy, and a marking device.
| ||||||
| 7 | (c) The voter must complete the entire voting process, | ||||||
| 8 | including the
application for ballot from which the judges of | ||||||
| 9 | election shall compare the
voter's signature with the signature | ||||||
| 10 | on his or her registration record card
in the precinct binder.
| ||||||
| 11 | After the voter has marked his or her ballot and placed it | ||||||
| 12 | in the
ballot envelope (or folded it in the manner prescribed | ||||||
| 13 | for paper ballots),
the 2 judges of election shall return the | ||||||
| 14 | ballot to the polling place and
give it to the judge in charge | ||||||
| 15 | of the ballot box who shall deposit it therein.
| ||||||
| 16 | Pollwatchers as provided in Sections 7-34 and 17-23 of this | ||||||
| 17 | Code shall
be permitted to accompany the judges and observe the | ||||||
| 18 | above procedure.
| ||||||
| 19 | No assistance may be given to such voter in marking his or | ||||||
| 20 | her ballot,
unless the voter requests assistance and completes | ||||||
| 21 | the affidavit required
by Section 17-14 of this Code.
| ||||||
| 22 | (Source: P.A. 84-808.)
| ||||||
| 23 | (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
| ||||||
| 24 | Sec. 17-14. Any voter who declares upon oath, properly | ||||||
| 25 | witnessed and with
his or her signature or mark affixed, that | ||||||
| |||||||
| |||||||
| 1 | he or she requires
assistance to vote by reason of blindness, | ||||||
| 2 | physical disability or inability
to read, write or speak the | ||||||
| 3 | English language shall, upon request, be
assisted in marking | ||||||
| 4 | his or her ballot, by 2 judges of
election of different | ||||||
| 5 | political parties, to be selected by all
judges of election of | ||||||
| 6 | each precinct at the opening of the polls or by a
person of the | ||||||
| 7 | voter's choice, other than the voter's employer or agent of
| ||||||
| 8 | that employer or officer or agent of the voter's union. A
voter | ||||||
| 9 | who presents an Illinois Person with a Disability | ||||||
| 10 | Identification Card, issued
to that person under the provisions | ||||||
| 11 | of the Illinois Identification Card
Act, indicating that such | ||||||
| 12 | voter has a Class 1A or Class 2 disability under
the provisions | ||||||
| 13 | of Section 4A of the Illinois Identification Card Act, or a
| ||||||
| 14 | voter who declares upon oath, properly witnessed, that by | ||||||
| 15 | reason of any
physical
disability he is unable to mark his | ||||||
| 16 | ballot shall, upon request, be assisted
in marking his ballot | ||||||
| 17 | by 2 of the election officers of different parties as
provided | ||||||
| 18 | above in this Section or by a person of the voter's choice | ||||||
| 19 | other
than the voter's employer or agent of that employer or | ||||||
| 20 | officer or agent of
the voter's union. Such voter shall state | ||||||
| 21 | specifically the
reason why he cannot vote without assistance | ||||||
| 22 | and, in the case of a
voter with a physical disability | ||||||
| 23 | physically disabled voter, what his physical disability is. | ||||||
| 24 | Prior to entering the voting
booth,
the person providing the | ||||||
| 25 | assistance, if other than 2 judges of election,
shall be | ||||||
| 26 | presented with written instructions on how assistance shall be
| ||||||
| |||||||
| |||||||
| 1 | provided.
This instruction shall be prescribed by the State | ||||||
| 2 | Board of Elections and shall
include the penalties for | ||||||
| 3 | attempting to influence the voter's choice of
candidates, | ||||||
| 4 | party, or votes in relation to any question on the ballot and | ||||||
| 5 | for
not marking the ballot as directed by the voter. | ||||||
| 6 | Additionally, the person
providing the assistance shall sign an | ||||||
| 7 | oath, swearing not to influence the
voter's choice of | ||||||
| 8 | candidates, party, or votes in relation to any question on
the | ||||||
| 9 | ballot and to cast the ballot as directed by the voter. The | ||||||
| 10 | oath shall be
prescribed by the State Board of Elections and | ||||||
| 11 | shall include the penalty for
violating this Section. In the | ||||||
| 12 | voting booth, such person
shall mark the
ballot as directed by | ||||||
| 13 | the voter, and shall thereafter give no information
regarding | ||||||
| 14 | the same. The judges of election shall enter upon the poll | ||||||
| 15 | lists
or official poll record after the name of any elector who | ||||||
| 16 | received such
assistance in marking his ballot a memorandum of | ||||||
| 17 | the fact and if the
disability is permanent. Intoxication shall | ||||||
| 18 | not be regarded as a physical
disability, and no intoxicated | ||||||
| 19 | person shall be entitled to assistance in
marking his ballot.
| ||||||
| 20 | No person shall secure or attempt to secure assistance in | ||||||
| 21 | voting who is
not blind, a person with a physical disability, | ||||||
| 22 | physically disabled or illiterate as herein provided, nor shall | ||||||
| 23 | any
person knowingly assist a voter in voting contrary to the
| ||||||
| 24 | provisions of this Section.
| ||||||
| 25 | (Source: P.A. 97-1064, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
| ||||||
| 2 | Sec. 17-17.
After the opening of the polls no adjournment | ||||||
| 3 | shall be had
nor shall any recess be taken, until all the votes | ||||||
| 4 | cast at such election
have been counted and the result publicly | ||||||
| 5 | announced, except
that when
necessary one judge at a time may | ||||||
| 6 | leave the polling place for a reasonable
time during the | ||||||
| 7 | casting of ballots, and except that when a polling place is
| ||||||
| 8 | inaccessible to a voter with a disability disabled voter, one | ||||||
| 9 | team of 2 judges of opposite party
affiliation may leave the | ||||||
| 10 | polling place to deliver a ballot to such voter,
as provided in | ||||||
| 11 | Sections 7-47.1 and 17-13 of this Code. When a judge leaves
and | ||||||
| 12 | returns, such judge shall sign a time sheet indicating the | ||||||
| 13 | length of
the period such judge is absent from his duties. When | ||||||
| 14 | absent, the judge
shall authorize someone of the same political | ||||||
| 15 | party as himself to act for
him until he returns.
| ||||||
| 16 | Where voting machines or electronic voting systems are | ||||||
| 17 | used, the
provisions of this section may be modified as | ||||||
| 18 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
| 19 | is applicable.
| ||||||
| 20 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 21 | (10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
| ||||||
| 22 | Sec. 18-5.1.
The provisions of Section 17-13, insofar as | ||||||
| 23 | they may be
made applicable to voters with disabilities | ||||||
| 24 | disabled voters in elections under the jurisdiction of
boards | ||||||
| 25 | of election commissioners, shall be applicable herein.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 84-808.)
| ||||||
| 2 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
| 3 | (Text of Section before amendment by P.A. 98-1171) | ||||||
| 4 | Sec. 19-5. It shall be the duty of the election authority | ||||||
| 5 | to fold the
ballot or ballots in the manner specified by the | ||||||
| 6 | statute for folding
ballots prior to their deposit in the | ||||||
| 7 | ballot box, and to enclose such
ballot or ballots in an | ||||||
| 8 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
| 9 | bear upon the face thereof the name, official title and
post | ||||||
| 10 | office address of the election authority, and upon the other | ||||||
| 11 | side
a printed certification in substantially the
following | ||||||
| 12 | form:
| ||||||
| 13 | I state that I am a resident of the .... precinct of the | ||||||
| 14 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 15 | the city of
.... residing at .... in such city or town in the | ||||||
| 16 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 17 | address for .... months
last past; and that I am lawfully | ||||||
| 18 | entitled to vote in such precinct at the
.... election to be | ||||||
| 19 | held on .....
| ||||||
| 20 | *fill in either (1), (2) or (3).
| ||||||
| 21 | I further state that I personally marked the enclosed | ||||||
| 22 | ballot in secret.
| ||||||
| 23 | Under penalties of perjury as provided by law pursuant to | ||||||
| 24 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 25 | that the statements set
forth in this certification are true | ||||||
| |||||||
| |||||||
| 1 | and correct.
| ||||||
| 2 | .......................
| ||||||
| 3 | If the ballot is to go to an elector who is physically | ||||||
| 4 | incapacitated and needs assistance marking the ballot,
the | ||||||
| 5 | envelope shall bear upon the back thereof a certification in
| ||||||
| 6 | substantially the following form:
| ||||||
| 7 | I state that I am a resident of the .... precinct of the | ||||||
| 8 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 9 | the city of
.... residing at .... in such city or town in the | ||||||
| 10 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 11 | address for .... months
last past; that I am lawfully entitled | ||||||
| 12 | to vote in such precinct at the
.... election to be held on | ||||||
| 13 | ....; that I am physically incapable
of personally marking the | ||||||
| 14 | ballot for
such election.
| ||||||
| 15 | *fill in either (1), (2) or (3).
| ||||||
| 16 | I further state that I marked the enclosed ballot in secret | ||||||
| 17 | with the assistance of
| ||||||
| 18 | .................................
| ||||||
| 19 | (Individual rendering assistance)
| ||||||
| 20 | .................................
| ||||||
| 21 | (Residence Address)
| ||||||
| 22 | Under penalties of perjury as provided by law pursuant to | ||||||
| 23 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 24 | that the statements set forth
in this certification are true | ||||||
| 25 | and correct.
| ||||||
| 26 | .......................
| ||||||
| |||||||
| |||||||
| 1 | In the case of a voter with a physical
incapacity, marking | ||||||
| 2 | a ballot in secret includes marking a ballot with the
| ||||||
| 3 | assistance of another individual, other than a candidate
whose | ||||||
| 4 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
| 5 | parent, child, brother, or sister of the candidate),
the | ||||||
| 6 | voter's employer, an
agent of that employer, or an officer or | ||||||
| 7 | agent of the voter's union, when
the voter's physical | ||||||
| 8 | incapacity necessitates such assistance.
| ||||||
| 9 | In the case of a physically incapacitated voter, marking a | ||||||
| 10 | ballot in secret includes marking a ballot with the
assistance | ||||||
| 11 | of another individual, other than a candidate
whose name | ||||||
| 12 | appears on the ballot (unless the voter is the spouse or a
| ||||||
| 13 | parent, child, brother, or sister of the candidate), the | ||||||
| 14 | voter's
employer, an
agent of that employer, or an officer or | ||||||
| 15 | agent of the voter's union, when
the voter's physical | ||||||
| 16 | incapacity necessitates such assistance.
| ||||||
| 17 | Provided, that if the ballot enclosed is to be voted at a | ||||||
| 18 | primary
election, the certification shall designate the name of | ||||||
| 19 | the political
party with which the voter is affiliated.
| ||||||
| 20 | In addition to the above, the election authority shall | ||||||
| 21 | provide
printed slips giving full instructions regarding the | ||||||
| 22 | manner of marking
and returning the ballot in order that the | ||||||
| 23 | same may be counted, and
shall furnish one of such printed | ||||||
| 24 | slips to each of such applicants at
the same time the ballot is | ||||||
| 25 | delivered to him.
Such instructions shall include the following | ||||||
| 26 | statement: "In signing the
certification on the absentee ballot | ||||||
| |||||||
| |||||||
| 1 | envelope, you are attesting that you
personally marked this | ||||||
| 2 | absentee ballot in secret. If you are physically
unable to mark | ||||||
| 3 | the ballot, a friend or relative may assist you after
| ||||||
| 4 | completing the enclosed affidavit. Federal and State laws | ||||||
| 5 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
| 6 | you
are the spouse or a parent, child, brother, or sister of | ||||||
| 7 | the candidate), your
employer, your employer's agent or an | ||||||
| 8 | officer or agent of your union
from assisting voters with | ||||||
| 9 | physical disabilities physically disabled voters."
| ||||||
| 10 | In addition to the above, if a ballot to be provided to an | ||||||
| 11 | elector
pursuant to this Section contains a public question | ||||||
| 12 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 13 | concerning which the question is
to be submitted is not | ||||||
| 14 | described on the ballot due to the space limitations
of such | ||||||
| 15 | ballot, the election authority shall provide a printed copy of
| ||||||
| 16 | a notice of the public question, which shall include a | ||||||
| 17 | description of the
territory in the manner required by Section | ||||||
| 18 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
| 19 | time the ballot is delivered to the
elector.
| ||||||
| 20 | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| ||||||
| 21 | (Text of Section after amendment by P.A. 98-1171) | ||||||
| 22 | Sec. 19-5. It shall be the duty of the election authority | ||||||
| 23 | to fold the
ballot or ballots in the manner specified by the | ||||||
| 24 | statute for folding
ballots prior to their deposit in the | ||||||
| 25 | ballot box, and to enclose such
ballot or ballots in an | ||||||
| |||||||
| |||||||
| 1 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
| 2 | bear upon the face thereof the name, official title and
post | ||||||
| 3 | office address of the election authority, and upon the other | ||||||
| 4 | side
a printed certification in substantially the
following | ||||||
| 5 | form:
| ||||||
| 6 | I state that I am a resident of the .... precinct of the | ||||||
| 7 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 8 | the city of
.... residing at .... in such city or town in the | ||||||
| 9 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 10 | address for .... months
last past; and that I am lawfully | ||||||
| 11 | entitled to vote in such precinct at the
.... election to be | ||||||
| 12 | held on .....
| ||||||
| 13 | *fill in either (1), (2) or (3).
| ||||||
| 14 | I further state that I personally marked the enclosed | ||||||
| 15 | ballot in secret.
| ||||||
| 16 | Under penalties of perjury as provided by law pursuant to | ||||||
| 17 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 18 | that the statements set
forth in this certification are true | ||||||
| 19 | and correct.
| ||||||
| 20 | .......................
| ||||||
| 21 | If the ballot is to go to an elector who is physically | ||||||
| 22 | incapacitated and needs assistance marking the ballot,
the | ||||||
| 23 | envelope shall bear upon the back thereof a certification in
| ||||||
| 24 | substantially the following form:
| ||||||
| 25 | I state that I am a resident of the .... precinct of the | ||||||
| 26 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| |||||||
| |||||||
| 1 | the city of
.... residing at .... in such city or town in the | ||||||
| 2 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 3 | address for .... months
last past; that I am lawfully entitled | ||||||
| 4 | to vote in such precinct at the
.... election to be held on | ||||||
| 5 | ....; that I am physically incapable
of personally marking the | ||||||
| 6 | ballot for
such election.
| ||||||
| 7 | *fill in either (1), (2) or (3).
| ||||||
| 8 | I further state that I marked the enclosed ballot in secret | ||||||
| 9 | with the assistance of
| ||||||
| 10 | .................................
| ||||||
| 11 | (Individual rendering assistance)
| ||||||
| 12 | .................................
| ||||||
| 13 | (Residence Address)
| ||||||
| 14 | Under penalties of perjury as provided by law pursuant to | ||||||
| 15 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 16 | that the statements set forth
in this certification are true | ||||||
| 17 | and correct.
| ||||||
| 18 | .......................
| ||||||
| 19 | In the case of a voter with a physical
incapacity, marking | ||||||
| 20 | a ballot in secret includes marking a ballot with the
| ||||||
| 21 | assistance of another individual, other than a candidate
whose | ||||||
| 22 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
| 23 | parent, child, brother, or sister of the candidate),
the | ||||||
| 24 | voter's employer, an
agent of that employer, or an officer or | ||||||
| 25 | agent of the voter's union, when
the voter's physical | ||||||
| 26 | incapacity necessitates such assistance.
| ||||||
| |||||||
| |||||||
| 1 | In the case of a physically incapacitated voter, marking a | ||||||
| 2 | ballot in secret includes marking a ballot with the
assistance | ||||||
| 3 | of another individual, other than a candidate
whose name | ||||||
| 4 | appears on the ballot (unless the voter is the spouse or a
| ||||||
| 5 | parent, child, brother, or sister of the candidate), the | ||||||
| 6 | voter's
employer, an
agent of that employer, or an officer or | ||||||
| 7 | agent of the voter's union, when
the voter's physical | ||||||
| 8 | incapacity necessitates such assistance.
| ||||||
| 9 | Provided, that if the ballot enclosed is to be voted at a | ||||||
| 10 | primary
election, the certification shall designate the name of | ||||||
| 11 | the political
party with which the voter is affiliated.
| ||||||
| 12 | In addition to the above, the election authority shall | ||||||
| 13 | provide
printed slips giving full instructions regarding the | ||||||
| 14 | manner of marking
and returning the ballot in order that the | ||||||
| 15 | same may be counted, and
shall furnish one of such printed | ||||||
| 16 | slips to each of such applicants at
the same time the ballot is | ||||||
| 17 | delivered to him.
Such instructions shall include the following | ||||||
| 18 | statement: "In signing the
certification on the vote by mail | ||||||
| 19 | ballot envelope, you are attesting that you
personally marked | ||||||
| 20 | this vote by mail ballot in secret. If you are physically
| ||||||
| 21 | unable to mark the ballot, a friend or relative may assist you | ||||||
| 22 | after
completing the enclosed affidavit. Federal and State laws | ||||||
| 23 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
| 24 | you
are the spouse or a parent, child, brother, or sister of | ||||||
| 25 | the candidate), your
employer, your employer's agent or an | ||||||
| 26 | officer or agent of your union
from assisting voters with | ||||||
| |||||||
| |||||||
| 1 | physical disabilities physically disabled voters."
| ||||||
| 2 | In addition to the above, if a ballot to be provided to an | ||||||
| 3 | elector
pursuant to this Section contains a public question | ||||||
| 4 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 5 | concerning which the question is
to be submitted is not | ||||||
| 6 | described on the ballot due to the space limitations
of such | ||||||
| 7 | ballot, the election authority shall provide a printed copy of
| ||||||
| 8 | a notice of the public question, which shall include a | ||||||
| 9 | description of the
territory in the manner required by Section | ||||||
| 10 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
| 11 | time the ballot is delivered to the
elector.
| ||||||
| 12 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 13 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
| 14 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 15 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 16 | Illinois
Person with a Disability Identification Card in | ||||||
| 17 | accordance with the Illinois
Identification Card Act, | ||||||
| 18 | indicating that the person named thereon has a Class
1A or | ||||||
| 19 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 20 | physical
incapacity of such a nature as to make it improbable | ||||||
| 21 | that he will be
able to be present at the polls at any future | ||||||
| 22 | election, or any
voter who is a resident of (i) a federally | ||||||
| 23 | operated veterans' home, hospital, or facility located in | ||||||
| 24 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 25 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| |||||||
| |||||||
| 1 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
| 2 | has a condition or disability of
such a nature as to make it | ||||||
| 3 | improbable that he will be able to be present
at the polls at | ||||||
| 4 | any future election, may secure a voter's identification card | ||||||
| 5 | for persons with disabilities or a disabled voter's or
nursing | ||||||
| 6 | home resident's identification card, which will enable him to | ||||||
| 7 | vote
under this Article as a physically incapacitated or | ||||||
| 8 | nursing home voter. For the purposes of this Section, | ||||||
| 9 | "federally operated veterans' home, hospital, or facility" | ||||||
| 10 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 11 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 12 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 13 | Lovell Federal Health Care Center.
| ||||||
| 14 | Application for a voter's identification card for persons | ||||||
| 15 | with disabilities or a disabled voter's or nursing home | ||||||
| 16 | resident's
identification card shall be made either: (a) in | ||||||
| 17 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
| 18 | board of election commissioners, as
the case may be, and shall | ||||||
| 19 | be accompanied
by the affidavit of the attending physician | ||||||
| 20 | specifically describing the
nature of the physical incapacity | ||||||
| 21 | or the fact that the voter is a nursing
home resident and is | ||||||
| 22 | physically unable to be present at the polls on election
days; | ||||||
| 23 | or (b) by presenting, in writing or otherwise, to the county | ||||||
| 24 | clerk
or board of election commissioners, as the case may be, | ||||||
| 25 | proof that the
applicant has secured an Illinois Person with a | ||||||
| 26 | Disability Identification Card
indicating that the person | ||||||
| |||||||
| |||||||
| 1 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
| 2 | receipt of either the sworn-to
application and the physician's | ||||||
| 3 | affidavit or proof that the applicant has
secured an Illinois | ||||||
| 4 | Person with a Disability Identification Card indicating that | ||||||
| 5 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
| 6 | the county clerk
or board of election commissioners shall issue | ||||||
| 7 | a voter's identification card for persons with disabilities or | ||||||
| 8 | a disabled voter's or
nursing home resident's identification
| ||||||
| 9 | card. Such identification cards shall be issued for a
period of | ||||||
| 10 | 5 years, upon the expiration of which time the voter may
secure | ||||||
| 11 | a new card by making application in the same manner as is
| ||||||
| 12 | prescribed for the issuance of an original card, accompanied by | ||||||
| 13 | a new
affidavit of the attending physician. The date of | ||||||
| 14 | expiration of such
five-year period shall be made known to any | ||||||
| 15 | interested person by the
election authority upon the request of | ||||||
| 16 | such person. Applications for the
renewal of the identification | ||||||
| 17 | cards shall be mailed to the voters holding
such cards not less | ||||||
| 18 | than 3 months prior to the date of expiration of the cards.
| ||||||
| 19 | Each voter's identification card for persons with | ||||||
| 20 | disabilities disabled voter's or nursing home resident's | ||||||
| 21 | identification card
shall bear an identification number, which | ||||||
| 22 | shall be clearly noted on the voter's
original and duplicate | ||||||
| 23 | registration record cards. In the event the
holder becomes | ||||||
| 24 | physically capable of resuming normal voting, he must
surrender | ||||||
| 25 | his voter's identification card for persons with disabilities | ||||||
| 26 | disabled voter's or nursing home resident's identification
| ||||||
| |||||||
| |||||||
| 1 | card to the county clerk or board of election commissioners | ||||||
| 2 | before the next election.
| ||||||
| 3 | The holder of a voter's identification card for persons | ||||||
| 4 | with disabilities or a disabled voter's or nursing home | ||||||
| 5 | resident's
identification card may make application by mail for | ||||||
| 6 | an official ballot
within the time prescribed by Section 19-2. | ||||||
| 7 | Such application shall contain
the same information as is
| ||||||
| 8 | included in the form of application for ballot by a physically
| ||||||
| 9 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
| 10 | shall
also include the applicant's voter's identification card | ||||||
| 11 | for persons with disabilities disabled voter's identification | ||||||
| 12 | card number
and except that it need not be sworn to. If an | ||||||
| 13 | examination of the records
discloses that the applicant is | ||||||
| 14 | lawfully entitled to vote, he shall be
mailed a ballot as | ||||||
| 15 | provided in Section 19-4. The ballot envelope shall
be the same | ||||||
| 16 | as that prescribed in Section 19-5 for voters with physical | ||||||
| 17 | disabilities physically disabled
voters, and the manner of | ||||||
| 18 | voting and returning the ballot shall be the
same as that | ||||||
| 19 | provided in this Article for other absentee ballots, except
| ||||||
| 20 | that a statement to be subscribed to by the voter but which | ||||||
| 21 | need not be
sworn to shall be placed on the ballot envelope in | ||||||
| 22 | lieu of the affidavit
prescribed by Section 19-5.
| ||||||
| 23 | Any person who knowingly subscribes to a false statement in
| ||||||
| 24 | connection with voting under this Section shall be guilty of a | ||||||
| 25 | Class A
misdemeanor.
| ||||||
| 26 | For the purposes of this Section, "nursing home resident" | ||||||
| |||||||
| |||||||
| 1 | includes a resident of (i) a federally operated veterans' home, | ||||||
| 2 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| 3 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
| 4 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
| 5 | this Section, "federally operated veterans' home, hospital, or | ||||||
| 6 | facility" means the long-term care facilities at the Jesse | ||||||
| 7 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
| 8 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
| 9 | James A. Lovell Federal Health Care Center. | ||||||
| 10 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
| 11 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
| 12 | 98-104, eff. 7-22-13.)
| ||||||
| 13 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 14 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 15 | Illinois
Person with a Disability Identification Card in | ||||||
| 16 | accordance with the Illinois
Identification Card Act, | ||||||
| 17 | indicating that the person named thereon has a Class
1A or | ||||||
| 18 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 19 | physical
incapacity of such a nature as to make it improbable | ||||||
| 20 | that he will be
able to be present at the polls at any future | ||||||
| 21 | election, or any
voter who is a resident of (i) a federally | ||||||
| 22 | operated veterans' home, hospital, or facility located in | ||||||
| 23 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 24 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 25 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
| |||||||
| |||||||
| 1 | has a condition or disability of
such a nature as to make it | ||||||
| 2 | improbable that he will be able to be present
at the polls at | ||||||
| 3 | any future election, may secure a voter's identification card | ||||||
| 4 | for persons with disabilities or a disabled voter's or
nursing | ||||||
| 5 | home resident's identification card, which will enable him to | ||||||
| 6 | vote
under this Article as a physically incapacitated or | ||||||
| 7 | nursing home voter. For the purposes of this Section, | ||||||
| 8 | "federally operated veterans' home, hospital, or facility" | ||||||
| 9 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 10 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 11 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 12 | Lovell Federal Health Care Center.
| ||||||
| 13 | Application for a voter's identification card for persons | ||||||
| 14 | with disabilities or a disabled voter's or nursing home | ||||||
| 15 | resident's
identification card shall be made either: (a) in | ||||||
| 16 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
| 17 | board of election commissioners, as
the case may be, and shall | ||||||
| 18 | be accompanied
by the affidavit of the attending physician | ||||||
| 19 | specifically describing the
nature of the physical incapacity | ||||||
| 20 | or the fact that the voter is a nursing
home resident and is | ||||||
| 21 | physically unable to be present at the polls on election
days; | ||||||
| 22 | or (b) by presenting, in writing or otherwise, to the county | ||||||
| 23 | clerk
or board of election commissioners, as the case may be, | ||||||
| 24 | proof that the
applicant has secured an Illinois Person with a | ||||||
| 25 | Disability Identification Card
indicating that the person | ||||||
| 26 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
| |||||||
| |||||||
| 1 | receipt of either the sworn-to
application and the physician's | ||||||
| 2 | affidavit or proof that the applicant has
secured an Illinois | ||||||
| 3 | Person with a Disability Identification Card indicating that | ||||||
| 4 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
| 5 | the county clerk
or board of election commissioners shall issue | ||||||
| 6 | a voter's identification card for persons with disabilities or | ||||||
| 7 | a disabled voter's or
nursing home resident's identification
| ||||||
| 8 | card. Such identification cards shall be issued for a
period of | ||||||
| 9 | 5 years, upon the expiration of which time the voter may
secure | ||||||
| 10 | a new card by making application in the same manner as is
| ||||||
| 11 | prescribed for the issuance of an original card, accompanied by | ||||||
| 12 | a new
affidavit of the attending physician. The date of | ||||||
| 13 | expiration of such
five-year period shall be made known to any | ||||||
| 14 | interested person by the
election authority upon the request of | ||||||
| 15 | such person. Applications for the
renewal of the identification | ||||||
| 16 | cards shall be mailed to the voters holding
such cards not less | ||||||
| 17 | than 3 months prior to the date of expiration of the cards.
| ||||||
| 18 | Each voter's identification card for persons with | ||||||
| 19 | disabilities disabled voter's or nursing home resident's | ||||||
| 20 | identification card
shall bear an identification number, which | ||||||
| 21 | shall be clearly noted on the voter's
original and duplicate | ||||||
| 22 | registration record cards. In the event the
holder becomes | ||||||
| 23 | physically capable of resuming normal voting, he must
surrender | ||||||
| 24 | his voter's identification card for persons with disabilities | ||||||
| 25 | disabled voter's or nursing home resident's identification
| ||||||
| 26 | card to the county clerk or board of election commissioners | ||||||
| |||||||
| |||||||
| 1 | before the next election.
| ||||||
| 2 | The holder of a voter's identification card for persons | ||||||
| 3 | with disabilities or a disabled voter's or nursing home | ||||||
| 4 | resident's
identification card may make application by mail for | ||||||
| 5 | an official ballot
within the time prescribed by Section 19-2. | ||||||
| 6 | Such application shall contain
the same information as is
| ||||||
| 7 | included in the form of application for ballot by a physically
| ||||||
| 8 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
| 9 | shall
also include the applicant's voter's identification card | ||||||
| 10 | for persons with disabilities disabled voter's identification | ||||||
| 11 | card number
and except that it need not be sworn to. If an | ||||||
| 12 | examination of the records
discloses that the applicant is | ||||||
| 13 | lawfully entitled to vote, he shall be
mailed a ballot as | ||||||
| 14 | provided in Section 19-4. The ballot envelope shall
be the same | ||||||
| 15 | as that prescribed in Section 19-5 for voters with physical | ||||||
| 16 | disabilities physically disabled
voters, and the manner of | ||||||
| 17 | voting and returning the ballot shall be the
same as that | ||||||
| 18 | provided in this Article for other vote by mail ballots, except
| ||||||
| 19 | that a statement to be subscribed to by the voter but which | ||||||
| 20 | need not be
sworn to shall be placed on the ballot envelope in | ||||||
| 21 | lieu of the affidavit
prescribed by Section 19-5.
| ||||||
| 22 | Any person who knowingly subscribes to a false statement in
| ||||||
| 23 | connection with voting under this Section shall be guilty of a | ||||||
| 24 | Class A
misdemeanor.
| ||||||
| 25 | For the purposes of this Section, "nursing home resident" | ||||||
| 26 | includes a resident of (i) a federally operated veterans' home, | ||||||
| |||||||
| |||||||
| 1 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| 2 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
| 3 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
| 4 | this Section, "federally operated veterans' home, hospital, or | ||||||
| 5 | facility" means the long-term care facilities at the Jesse | ||||||
| 6 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
| 7 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
| 8 | James A. Lovell Federal Health Care Center. | ||||||
| 9 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
| 10 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
| 11 | 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
| ||||||
| 12 | (10 ILCS 5/19A-21)
| ||||||
| 13 | Sec. 19A-21. Use of local public buildings for early voting | ||||||
| 14 | polling places. Upon request by an election authority, a unit | ||||||
| 15 | of local government (as defined in Section 1 of Article VII of | ||||||
| 16 | the Illinois Constitution, which does not include school | ||||||
| 17 | districts) shall make the unit's public buildings within the | ||||||
| 18 | election authority's jurisdiction available as permanent or | ||||||
| 19 | temporary early voting polling places without charge. | ||||||
| 20 | Availability of a building shall include reasonably necessary | ||||||
| 21 | time before and after the period early voting is conducted at | ||||||
| 22 | that building. | ||||||
| 23 | A unit of local government making its public building | ||||||
| 24 | available as a permanent or temporary early voting polling | ||||||
| 25 | place shall ensure that any portion of the building made | ||||||
| |||||||
| |||||||
| 1 | available is accessible to voters with disabilities | ||||||
| 2 | handicapped and elderly voters.
| ||||||
| 3 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
| 4 | (10 ILCS 5/19A-40)
| ||||||
| 5 | Sec. 19A-40. Enclosure of ballots in envelope. It is the | ||||||
| 6 | duty of the election judge or official to fold the
ballot or | ||||||
| 7 | ballots in the manner specified by the statute for folding
| ||||||
| 8 | ballots prior to their deposit in the ballot box, and to | ||||||
| 9 | enclose the
ballot or ballots in an envelope unsealed to be | ||||||
| 10 | furnished by him or her, which
envelope shall bear upon the | ||||||
| 11 | face thereof the name, official title, and
post office address | ||||||
| 12 | of the election authority, and upon the other side
a printed | ||||||
| 13 | certification in substantially the
following form:
| ||||||
| 14 | I state that I am a resident of the .... precinct of the | ||||||
| 15 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 16 | the city of
.... residing at .... in that city or town in the | ||||||
| 17 | county of .... and
State of Illinois, that I have lived at that | ||||||
| 18 | address for .... months
last past; that I am lawfully entitled | ||||||
| 19 | to vote in that precinct at the
.... election to be held on | ||||||
| 20 | .... .
| ||||||
| 21 | *fill in either (1), (2) or (3).
| ||||||
| 22 | I further state that I personally marked the enclosed | ||||||
| 23 | ballot in secret.
| ||||||
| 24 | Under penalties of perjury as provided by law pursuant to | ||||||
| 25 | Section 29-10
of the Election Code, the undersigned certifies | ||||||
| |||||||
| |||||||
| 1 | that the statements set
forth in this certification are true | ||||||
| 2 | and correct.
| ||||||
| 3 | .......................
| ||||||
| 4 | If the ballot enclosed is to be voted at a primary
| ||||||
| 5 | election, the certification shall designate the name of the | ||||||
| 6 | political
party with which the voter is affiliated.
| ||||||
| 7 | In addition to the above, the election authority shall | ||||||
| 8 | provide
printed slips giving full instructions regarding the | ||||||
| 9 | manner of marking
and returning the ballot in order that the | ||||||
| 10 | same may be counted, and
shall furnish one of the printed slips | ||||||
| 11 | to each of such applicants at
the same time the ballot is | ||||||
| 12 | delivered to him or her.
The instructions shall include the | ||||||
| 13 | following statement: "In signing the
certification on the early | ||||||
| 14 | ballot envelope, you are attesting that you
personally marked | ||||||
| 15 | this early ballot in secret.
If you are physically unable to | ||||||
| 16 | mark the ballot, a friend or relative may
assist you. Federal | ||||||
| 17 | and State laws prohibit your employer, your employer's
agent, | ||||||
| 18 | or an officer or agent of your union from assisting voters with | ||||||
| 19 | physical disabilities physically disabled
voters."
| ||||||
| 20 | In addition to the above, if a ballot to be provided to a | ||||||
| 21 | voter
pursuant to this Section contains a public question | ||||||
| 22 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 23 | concerning which the question is
to be submitted is not | ||||||
| 24 | described on the ballot due to the space limitations
of the | ||||||
| 25 | ballot, the election authority shall provide a printed copy of
| ||||||
| 26 | a notice of the public question, which shall include a | ||||||
| |||||||
| |||||||
| 1 | description of the
territory in the manner required by Section | ||||||
| 2 | 16-7. The notice shall be
furnished to the voter at the same | ||||||
| 3 | time the ballot is delivered to the
voter.
| ||||||
| 4 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
| 5 | (10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
| ||||||
| 6 | Sec. 24-9.
Assistance to illiterate voters and voters with | ||||||
| 7 | disabilities and disabled voters shall be given in
accordance | ||||||
| 8 | with the provisions in Section 17-14 of this Act.
| ||||||
| 9 | (Source: Laws 1943, vol. 2, p. 1.)
| ||||||
| 10 | (10 ILCS 5/24C-11)
| ||||||
| 11 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 12 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
| 13 | Electronic Voting System shall, in
addition to satisfying the | ||||||
| 14 | other requirements of this Article,
fulfill the following | ||||||
| 15 | functional requirements:
| ||||||
| 16 | (a) Provide a voter in a primary election with the means
of | ||||||
| 17 | casting a ballot containing votes for any and all candidates
of | ||||||
| 18 | the party or parties of his or her choice, and for any and
all | ||||||
| 19 | non-partisan candidates and public questions and preclude
the | ||||||
| 20 | voter from voting for any candidate of any other political
| ||||||
| 21 | party except when legally permitted. In a general election, the
| ||||||
| 22 | system shall provide the voter with means of selecting the
| ||||||
| 23 | appropriate number of candidates for any office, and of voting
| ||||||
| 24 | on any public question on the ballot to which he or she is
| ||||||
| |||||||
| |||||||
| 1 | entitled to vote.
| ||||||
| 2 | (b) If a voter is not entitled to vote for particular
| ||||||
| 3 | candidates or public questions appearing on the ballot, the
| ||||||
| 4 | system shall prevent the selection of the prohibited votes.
| ||||||
| 5 | (c) Once the proper ballot has been selected, the
system | ||||||
| 6 | devices shall provide a means of enabling the recording
of | ||||||
| 7 | votes and the casting of said ballot.
| ||||||
| 8 | (d) System voting devices shall provide voting choices
that | ||||||
| 9 | are clear to the voter and labels indicating the names of
every | ||||||
| 10 | candidate and the text of every public question on the
voter's | ||||||
| 11 | ballot. Each label shall identify the selection button
or | ||||||
| 12 | switch, or the active area of the ballot associated with it.
| ||||||
| 13 | The system shall be able to incorporate minimal, easy-to-follow
| ||||||
| 14 | on-screen instruction for the voter on how to cast a ballot.
| ||||||
| 15 | (e) Voting devices shall (i) enable the voter to vote for
| ||||||
| 16 | any and all candidates and public questions appearing on the
| ||||||
| 17 | ballot for which the voter is lawfully entitled to vote, in any
| ||||||
| 18 | legal number and combination; (ii) detect and reject all votes
| ||||||
| 19 | for an office or upon a public question when the voter has cast
| ||||||
| 20 | more votes for the office or upon the public question than the
| ||||||
| 21 | voter is entitled to cast; (iii) notify the voter if the | ||||||
| 22 | voter's
choices as recorded on the ballot for an office or | ||||||
| 23 | public
question are fewer than or exceed the number that the | ||||||
| 24 | voter is
entitled to vote for on that office or public question | ||||||
| 25 | and the
effect of casting more or fewer votes than legally | ||||||
| 26 | permitted; (iv) notify
the voter if the voter has failed to | ||||||
| |||||||
| |||||||
| 1 | completely cast a vote for
an office or public question | ||||||
| 2 | appearing on the ballot; and (v)
permit the voter, in a private | ||||||
| 3 | and independent manner, to verify
the votes selected by the | ||||||
| 4 | voter, to change the ballot or to
correct any error on the | ||||||
| 5 | ballot before the ballot is completely cast and
counted. A | ||||||
| 6 | means shall be provided to indicate each selection
after it has | ||||||
| 7 | been made or canceled.
| ||||||
| 8 | (f) System voting devices shall provide a means for the
| ||||||
| 9 | voter to signify that the selection of candidates and public
| ||||||
| 10 | questions has been completed. Upon activation, the system shall
| ||||||
| 11 | record an image of the completed ballot, increment the proper
| ||||||
| 12 | ballot position registers, and shall signify to the voter that
| ||||||
| 13 | the ballot has been cast. The system shall then prevent any
| ||||||
| 14 | further attempt to vote until it has been reset or re-enabled | ||||||
| 15 | by
a judge of election.
| ||||||
| 16 | (g) Each system voting device shall be equipped with a
| ||||||
| 17 | public counter that can be set to zero prior to the opening of
| ||||||
| 18 | the polling place, and that records the number of ballots cast
| ||||||
| 19 | at a particular election. The counter shall be incremented only
| ||||||
| 20 | by the casting of a ballot. The counter shall be designed to
| ||||||
| 21 | prevent disabling or resetting by other than authorized persons
| ||||||
| 22 | after the polls close. The counter shall be visible to all
| ||||||
| 23 | judges of election so long as the device is installed at the
| ||||||
| 24 | polling place.
| ||||||
| 25 | (h) Each system voting device shall be equipped with a
| ||||||
| 26 | protective counter that records all of the testing and election
| ||||||
| |||||||
| |||||||
| 1 | ballots cast since the unit was built. This counter shall be
| ||||||
| 2 | designed so that its reading cannot be changed by any cause
| ||||||
| 3 | other than the casting of a ballot. The protective counter
| ||||||
| 4 | shall be incapable of ever being reset and it shall be visible
| ||||||
| 5 | at all times when the device is configured for testing,
| ||||||
| 6 | maintenance, or election use.
| ||||||
| 7 | (i) All system devices shall provide a means of preventing
| ||||||
| 8 | further voting once the polling place has closed and after all
| ||||||
| 9 | eligible voters have voted. Such means of control shall
| ||||||
| 10 | incorporate a visible indication of system status. Each device
| ||||||
| 11 | shall prevent any unauthorized use, prevent tampering with
| ||||||
| 12 | ballot labels and preclude its re-opening once the poll closing
| ||||||
| 13 | has been completed for that election.
| ||||||
| 14 | (j) The system shall produce a printed summary report of
| ||||||
| 15 | the votes cast upon each voting device. Until the proper
| ||||||
| 16 | sequence of events associated with closing the polling place | ||||||
| 17 | has
been completed, the system shall not allow the printing of | ||||||
| 18 | a
report or the extraction of data. The printed report shall | ||||||
| 19 | also
contain all system audit information to be required by the
| ||||||
| 20 | election authority. Data shall not be altered or otherwise
| ||||||
| 21 | destroyed by report generation and the system shall ensure the
| ||||||
| 22 | integrity and security of data for a period of at least 6 | ||||||
| 23 | months
after the polls close.
| ||||||
| 24 | (k) If more than one voting device is used in a polling
| ||||||
| 25 | place, the system shall provide a means to manually or
| ||||||
| 26 | electronically consolidate the data from all such units into a
| ||||||
| |||||||
| |||||||
| 1 | single report even if different voting systems are used to
| ||||||
| 2 | record absentee ballots. The system shall also be capable of
| ||||||
| 3 | merging the vote tabulation results produced by other vote
| ||||||
| 4 | tabulation systems, if necessary.
| ||||||
| 5 | (l) System functions shall be implemented such that
| ||||||
| 6 | unauthorized access to them is prevented and the execution of
| ||||||
| 7 | authorized functions in an improper sequence is precluded.
| ||||||
| 8 | System functions shall be executable only in the intended | ||||||
| 9 | manner
and order, and only under the intended conditions. If | ||||||
| 10 | the
preconditions to a system function have not been met, the
| ||||||
| 11 | function shall be precluded from executing by the system's
| ||||||
| 12 | control logic.
| ||||||
| 13 | (m) All system voting devices shall incorporate at least 3
| ||||||
| 14 | memories in the machine itself and in its programmable memory
| ||||||
| 15 | devices.
| ||||||
| 16 | (n) The system shall include capabilities of recording and
| ||||||
| 17 | reporting the date and time of normal and abnormal events and | ||||||
| 18 | of
maintaining a permanent record of audit information that | ||||||
| 19 | cannot
be turned off. Provisions shall be made to detect and | ||||||
| 20 | record
significant events (e.g., casting a ballot, error | ||||||
| 21 | conditions
that cannot be disposed of by the system itself, | ||||||
| 22 | time-dependent
or programmed events that occur without the | ||||||
| 23 | intervention of the
voter or a judge of election).
| ||||||
| 24 | (o) The system and each system voting device must be
| ||||||
| 25 | capable of creating, printing and maintaining a permanent paper
| ||||||
| 26 | record and an electronic image of each ballot that is cast such
| ||||||
| |||||||
| |||||||
| 1 | that records of individual ballots are maintained by a | ||||||
| 2 | subsystem
independent and distinct from the main vote | ||||||
| 3 | detection,
interpretation, processing and reporting path. The | ||||||
| 4 | electronic
images of each ballot must protect the integrity of | ||||||
| 5 | the data and
the anonymity of each voter, for example, by means | ||||||
| 6 | of storage
location scrambling. The ballot image records may be | ||||||
| 7 | either
machine-readable or manually transcribed, or both, at | ||||||
| 8 | the
discretion of the election authority.
| ||||||
| 9 | (p) The system shall include built-in test, measurement
and | ||||||
| 10 | diagnostic software and hardware for detecting and reporting
| ||||||
| 11 | the system's status and degree of operability.
| ||||||
| 12 | (q) The system shall contain provisions for maintaining
the | ||||||
| 13 | integrity of memory voting and audit data during an election
| ||||||
| 14 | and for a period of at least 6 months thereafter and shall
| ||||||
| 15 | provide the means for creating an audit trail.
| ||||||
| 16 | (r) The system shall be fully accessible so as to permit | ||||||
| 17 | blind or
visually impaired voters as well as voters with | ||||||
| 18 | physical disabilities physically disabled voters
to exercise | ||||||
| 19 | their right to vote in private and without
assistance.
| ||||||
| 20 | (s) The system shall provide alternative language
| ||||||
| 21 | accessibility if required pursuant to Section 203 of the Voting
| ||||||
| 22 | Rights Act of 1965.
| ||||||
| 23 | (t) Each voting device shall enable a voter to vote for a
| ||||||
| 24 | person whose name does not appear on the ballot.
| ||||||
| 25 | (u) The system shall record and count accurately each vote
| ||||||
| 26 | properly cast for or against any candidate and for or against
| ||||||
| |||||||
| |||||||
| 1 | any public question, including the names of all candidates | ||||||
| 2 | whose
names are written in by the voters.
| ||||||
| 3 | (v) The system shall allow for accepting provisional
| ||||||
| 4 | ballots and for separating such provisional ballots from
| ||||||
| 5 | precinct totals until authorized by the election authority.
| ||||||
| 6 | (w) The system shall provide an effective audit trail as
| ||||||
| 7 | defined in Section 24C-2 in this Code.
| ||||||
| 8 | (x) The system shall be suitably designed for the purpose
| ||||||
| 9 | used, be durably constructed, and be designed for safety,
| ||||||
| 10 | accuracy and efficiency.
| ||||||
| 11 | (y) The system shall comply with all provisions of
federal, | ||||||
| 12 | State and local election laws and regulations and any
future | ||||||
| 13 | modifications to those laws and regulations.
| ||||||
| 14 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
| 15 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 16 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
| 17 | Electronic Voting System shall, in
addition to satisfying the | ||||||
| 18 | other requirements of this Article,
fulfill the following | ||||||
| 19 | functional requirements:
| ||||||
| 20 | (a) Provide a voter in a primary election with the means
of | ||||||
| 21 | casting a ballot containing votes for any and all candidates
of | ||||||
| 22 | the party or parties of his or her choice, and for any and
all | ||||||
| 23 | non-partisan candidates and public questions and preclude
the | ||||||
| 24 | voter from voting for any candidate of any other political
| ||||||
| 25 | party except when legally permitted. In a general election, the
| ||||||
| |||||||
| |||||||
| 1 | system shall provide the voter with means of selecting the
| ||||||
| 2 | appropriate number of candidates for any office, and of voting
| ||||||
| 3 | on any public question on the ballot to which he or she is
| ||||||
| 4 | entitled to vote.
| ||||||
| 5 | (b) If a voter is not entitled to vote for particular
| ||||||
| 6 | candidates or public questions appearing on the ballot, the
| ||||||
| 7 | system shall prevent the selection of the prohibited votes.
| ||||||
| 8 | (c) Once the proper ballot has been selected, the
system | ||||||
| 9 | devices shall provide a means of enabling the recording
of | ||||||
| 10 | votes and the casting of said ballot.
| ||||||
| 11 | (d) System voting devices shall provide voting choices
that | ||||||
| 12 | are clear to the voter and labels indicating the names of
every | ||||||
| 13 | candidate and the text of every public question on the
voter's | ||||||
| 14 | ballot. Each label shall identify the selection button
or | ||||||
| 15 | switch, or the active area of the ballot associated with it.
| ||||||
| 16 | The system shall be able to incorporate minimal, easy-to-follow
| ||||||
| 17 | on-screen instruction for the voter on how to cast a ballot.
| ||||||
| 18 | (e) Voting devices shall (i) enable the voter to vote for
| ||||||
| 19 | any and all candidates and public questions appearing on the
| ||||||
| 20 | ballot for which the voter is lawfully entitled to vote, in any
| ||||||
| 21 | legal number and combination; (ii) detect and reject all votes
| ||||||
| 22 | for an office or upon a public question when the voter has cast
| ||||||
| 23 | more votes for the office or upon the public question than the
| ||||||
| 24 | voter is entitled to cast; (iii) notify the voter if the | ||||||
| 25 | voter's
choices as recorded on the ballot for an office or | ||||||
| 26 | public
question are fewer than or exceed the number that the | ||||||
| |||||||
| |||||||
| 1 | voter is
entitled to vote for on that office or public question | ||||||
| 2 | and the
effect of casting more or fewer votes than legally | ||||||
| 3 | permitted; (iv) notify
the voter if the voter has failed to | ||||||
| 4 | completely cast a vote for
an office or public question | ||||||
| 5 | appearing on the ballot; and (v)
permit the voter, in a private | ||||||
| 6 | and independent manner, to verify
the votes selected by the | ||||||
| 7 | voter, to change the ballot or to
correct any error on the | ||||||
| 8 | ballot before the ballot is completely cast and
counted. A | ||||||
| 9 | means shall be provided to indicate each selection
after it has | ||||||
| 10 | been made or canceled.
| ||||||
| 11 | (f) System voting devices shall provide a means for the
| ||||||
| 12 | voter to signify that the selection of candidates and public
| ||||||
| 13 | questions has been completed. Upon activation, the system shall
| ||||||
| 14 | record an image of the completed ballot, increment the proper
| ||||||
| 15 | ballot position registers, and shall signify to the voter that
| ||||||
| 16 | the ballot has been cast. The system shall then prevent any
| ||||||
| 17 | further attempt to vote until it has been reset or re-enabled | ||||||
| 18 | by
a judge of election.
| ||||||
| 19 | (g) Each system voting device shall be equipped with a
| ||||||
| 20 | public counter that can be set to zero prior to the opening of
| ||||||
| 21 | the polling place, and that records the number of ballots cast
| ||||||
| 22 | at a particular election. The counter shall be incremented only
| ||||||
| 23 | by the casting of a ballot. The counter shall be designed to
| ||||||
| 24 | prevent disabling or resetting by other than authorized persons
| ||||||
| 25 | after the polls close. The counter shall be visible to all
| ||||||
| 26 | judges of election so long as the device is installed at the
| ||||||
| |||||||
| |||||||
| 1 | polling place.
| ||||||
| 2 | (h) Each system voting device shall be equipped with a
| ||||||
| 3 | protective counter that records all of the testing and election
| ||||||
| 4 | ballots cast since the unit was built. This counter shall be
| ||||||
| 5 | designed so that its reading cannot be changed by any cause
| ||||||
| 6 | other than the casting of a ballot. The protective counter
| ||||||
| 7 | shall be incapable of ever being reset and it shall be visible
| ||||||
| 8 | at all times when the device is configured for testing,
| ||||||
| 9 | maintenance, or election use.
| ||||||
| 10 | (i) All system devices shall provide a means of preventing
| ||||||
| 11 | further voting once the polling place has closed and after all
| ||||||
| 12 | eligible voters have voted. Such means of control shall
| ||||||
| 13 | incorporate a visible indication of system status. Each device
| ||||||
| 14 | shall prevent any unauthorized use, prevent tampering with
| ||||||
| 15 | ballot labels and preclude its re-opening once the poll closing
| ||||||
| 16 | has been completed for that election.
| ||||||
| 17 | (j) The system shall produce a printed summary report of
| ||||||
| 18 | the votes cast upon each voting device. Until the proper
| ||||||
| 19 | sequence of events associated with closing the polling place | ||||||
| 20 | has
been completed, the system shall not allow the printing of | ||||||
| 21 | a
report or the extraction of data. The printed report shall | ||||||
| 22 | also
contain all system audit information to be required by the
| ||||||
| 23 | election authority. Data shall not be altered or otherwise
| ||||||
| 24 | destroyed by report generation and the system shall ensure the
| ||||||
| 25 | integrity and security of data for a period of at least 6 | ||||||
| 26 | months
after the polls close.
| ||||||
| |||||||
| |||||||
| 1 | (k) If more than one voting device is used in a polling
| ||||||
| 2 | place, the system shall provide a means to manually or
| ||||||
| 3 | electronically consolidate the data from all such units into a
| ||||||
| 4 | single report even if different voting systems are used to
| ||||||
| 5 | record ballots. The system shall also be capable of
merging the | ||||||
| 6 | vote tabulation results produced by other vote
tabulation | ||||||
| 7 | systems, if necessary.
| ||||||
| 8 | (l) System functions shall be implemented such that
| ||||||
| 9 | unauthorized access to them is prevented and the execution of
| ||||||
| 10 | authorized functions in an improper sequence is precluded.
| ||||||
| 11 | System functions shall be executable only in the intended | ||||||
| 12 | manner
and order, and only under the intended conditions. If | ||||||
| 13 | the
preconditions to a system function have not been met, the
| ||||||
| 14 | function shall be precluded from executing by the system's
| ||||||
| 15 | control logic.
| ||||||
| 16 | (m) All system voting devices shall incorporate at least 3
| ||||||
| 17 | memories in the machine itself and in its programmable memory
| ||||||
| 18 | devices.
| ||||||
| 19 | (n) The system shall include capabilities of recording and
| ||||||
| 20 | reporting the date and time of normal and abnormal events and | ||||||
| 21 | of
maintaining a permanent record of audit information that | ||||||
| 22 | cannot
be turned off. Provisions shall be made to detect and | ||||||
| 23 | record
significant events (e.g., casting a ballot, error | ||||||
| 24 | conditions
that cannot be disposed of by the system itself, | ||||||
| 25 | time-dependent
or programmed events that occur without the | ||||||
| 26 | intervention of the
voter or a judge of election).
| ||||||
| |||||||
| |||||||
| 1 | (o) The system and each system voting device must be
| ||||||
| 2 | capable of creating, printing and maintaining a permanent paper
| ||||||
| 3 | record and an electronic image of each ballot that is cast such
| ||||||
| 4 | that records of individual ballots are maintained by a | ||||||
| 5 | subsystem
independent and distinct from the main vote | ||||||
| 6 | detection,
interpretation, processing and reporting path. The | ||||||
| 7 | electronic
images of each ballot must protect the integrity of | ||||||
| 8 | the data and
the anonymity of each voter, for example, by means | ||||||
| 9 | of storage
location scrambling. The ballot image records may be | ||||||
| 10 | either
machine-readable or manually transcribed, or both, at | ||||||
| 11 | the
discretion of the election authority.
| ||||||
| 12 | (p) The system shall include built-in test, measurement
and | ||||||
| 13 | diagnostic software and hardware for detecting and reporting
| ||||||
| 14 | the system's status and degree of operability.
| ||||||
| 15 | (q) The system shall contain provisions for maintaining
the | ||||||
| 16 | integrity of memory voting and audit data during an election
| ||||||
| 17 | and for a period of at least 6 months thereafter and shall
| ||||||
| 18 | provide the means for creating an audit trail.
| ||||||
| 19 | (r) The system shall be fully accessible so as to permit | ||||||
| 20 | blind or
visually impaired voters as well as voters with | ||||||
| 21 | physical disabilities physically disabled voters
to exercise | ||||||
| 22 | their right to vote in private and without
assistance.
| ||||||
| 23 | (s) The system shall provide alternative language
| ||||||
| 24 | accessibility if required pursuant to Section 203 of the Voting
| ||||||
| 25 | Rights Act of 1965.
| ||||||
| 26 | (t) Each voting device shall enable a voter to vote for a
| ||||||
| |||||||
| |||||||
| 1 | person whose name does not appear on the ballot.
| ||||||
| 2 | (u) The system shall record and count accurately each vote
| ||||||
| 3 | properly cast for or against any candidate and for or against
| ||||||
| 4 | any public question, including the names of all candidates | ||||||
| 5 | whose
names are written in by the voters.
| ||||||
| 6 | (v) The system shall allow for accepting provisional
| ||||||
| 7 | ballots and for separating such provisional ballots from
| ||||||
| 8 | precinct totals until authorized by the election authority.
| ||||||
| 9 | (w) The system shall provide an effective audit trail as
| ||||||
| 10 | defined in Section 24C-2 in this Code.
| ||||||
| 11 | (x) The system shall be suitably designed for the purpose
| ||||||
| 12 | used, be durably constructed, and be designed for safety,
| ||||||
| 13 | accuracy and efficiency.
| ||||||
| 14 | (y) The system shall comply with all provisions of
federal, | ||||||
| 15 | State and local election laws and regulations and any
future | ||||||
| 16 | modifications to those laws and regulations.
| ||||||
| 17 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 18 | Section 50. The State Budget Law of the Civil | ||||||
| 19 | Administrative Code of Illinois is amended by changing Section | ||||||
| 20 | 50-10 as follows:
| ||||||
| 21 | (15 ILCS 20/50-10) (was 15 ILCS 20/38.1) | ||||||
| 22 | Sec. 50-10. Budget contents. The budget shall be submitted | ||||||
| 23 | by
the
Governor with line item and program
data. The budget | ||||||
| 24 | shall also contain performance data presenting
an estimate for | ||||||
| |||||||
| |||||||
| 1 | the current fiscal year, projections for the
budget year, and | ||||||
| 2 | information for the 3 prior fiscal years
comparing department | ||||||
| 3 | objectives with actual accomplishments,
formulated according | ||||||
| 4 | to the various functions and activities,
and, wherever the | ||||||
| 5 | nature of the work admits, according to the
work units, for | ||||||
| 6 | which the respective departments, offices, and
institutions of | ||||||
| 7 | the State government (including the elective
officers in the | ||||||
| 8 | executive department and including the University
of Illinois | ||||||
| 9 | and the judicial department) are responsible. | ||||||
| 10 | For the fiscal
year beginning July 1, 1992 and for each | ||||||
| 11 | fiscal year thereafter, the budget
shall include the | ||||||
| 12 | performance measures of each department's accountability
| ||||||
| 13 | report. | ||||||
| 14 | For the fiscal year beginning July 1, 1997 and for each
| ||||||
| 15 | fiscal year thereafter, the budget shall include one or more | ||||||
| 16 | line items
appropriating moneys to the Department of Human | ||||||
| 17 | Services to
fund participation in the Home-Based Support | ||||||
| 18 | Services Program for Adults with Mental Disabilities Mentally
| ||||||
| 19 | Disabled Adults under the Developmental Disability and Mental | ||||||
| 20 | Disability
Services Act by persons described in Section 2-17 of | ||||||
| 21 | that Act. | ||||||
| 22 | The budget
shall contain a capital development
section in | ||||||
| 23 | which the Governor will present (1) information on the capital
| ||||||
| 24 | projects and capital programs for which appropriations are | ||||||
| 25 | requested,
(2) the capital spending plans, which shall document | ||||||
| 26 | the first
and subsequent years cash requirements by fund for | ||||||
| |||||||
| |||||||
| 1 | the proposed
bonded program, and (3) a statement that shall | ||||||
| 2 | identify by
year
the principal and interest costs until | ||||||
| 3 | retirement of the State's
general obligation debt. In addition, | ||||||
| 4 | the principal and interest
costs of the budget year program | ||||||
| 5 | shall be presented separately,
to indicate the marginal cost of | ||||||
| 6 | principal and interest payments
necessary to retire the | ||||||
| 7 | additional bonds needed to finance the
budget year's capital | ||||||
| 8 | program. In 2004 only, the capital development section of the | ||||||
| 9 | State budget shall be submitted by the Governor not later than | ||||||
| 10 | the fourth Tuesday of March (March 23, 2004).
| ||||||
| 11 | The budget shall contain a section indicating whether there | ||||||
| 12 | is a projected budget surplus or a projected budget deficit for | ||||||
| 13 | general funds in the current fiscal year, or whether the | ||||||
| 14 | current fiscal year's general funds budget is projected to be | ||||||
| 15 | balanced, based on estimates prepared by the Governor's Office | ||||||
| 16 | of Management and Budget using actual figures available on the | ||||||
| 17 | date the budget is submitted. That section shall present this | ||||||
| 18 | information in both a numerical table format and by way of a | ||||||
| 19 | narrative description, and shall include information for the | ||||||
| 20 | proposed upcoming fiscal year, the current fiscal year, and the | ||||||
| 21 | 2 years prior to the current fiscal year. These estimates must | ||||||
| 22 | specifically and separately identify any non-recurring | ||||||
| 23 | revenues, including, but not limited to, borrowed money, money | ||||||
| 24 | derived by borrowing or transferring from other funds, or any | ||||||
| 25 | non-operating financial source. None of these specifically and | ||||||
| 26 | separately identified non-recurring revenues may include any | ||||||
| |||||||
| |||||||
| 1 | revenue that cannot be realized without a change to law. The | ||||||
| 2 | table shall show accounts payable at the end of each fiscal | ||||||
| 3 | year in a manner that specifically and separately identifies | ||||||
| 4 | any general funds liabilities accrued during the current and | ||||||
| 5 | prior fiscal years that may be paid from future fiscal years' | ||||||
| 6 | appropriations, including, but not limited to, costs that may | ||||||
| 7 | be paid beyond the end of the lapse period as set forth in | ||||||
| 8 | Section 25 of the State Finance Act and costs incurred by the | ||||||
| 9 | Department on Aging. The section shall also include an estimate | ||||||
| 10 | of individual and corporate income tax overpayments that will | ||||||
| 11 | not be refunded before the close of the fiscal year. | ||||||
| 12 | For the budget year, the current
year, and 3 prior fiscal | ||||||
| 13 | years, the Governor shall also include
in the budget estimates | ||||||
| 14 | of or actual values for the assets and
liabilities for General | ||||||
| 15 | Assembly Retirement System, State Employees'
Retirement System | ||||||
| 16 | of Illinois, State Universities Retirement System,
Teachers' | ||||||
| 17 | Retirement System of the State of Illinois, and Judges
| ||||||
| 18 | Retirement System of Illinois. | ||||||
| 19 | The budget submitted by the Governor
shall contain, in | ||||||
| 20 | addition, in a separate book, a tabulation of all
position and | ||||||
| 21 | employment titles in each such department, office, and
| ||||||
| 22 | institution, the number of each, and the salaries for each,
| ||||||
| 23 | formulated according to divisions, bureaus, sections, offices,
| ||||||
| 24 | departments, boards, and similar subdivisions, which shall
| ||||||
| 25 | correspond as nearly as practicable to the functions and | ||||||
| 26 | activities
for which the department, office, or institution is | ||||||
| |||||||
| |||||||
| 1 | responsible. | ||||||
| 2 | Together with the budget, the Governor shall transmit the
| ||||||
| 3 | estimates of
receipts and expenditures, as received by the | ||||||
| 4 | Director
of the
Governor's Office of Management and Budget, of | ||||||
| 5 | the elective officers
in the executive and judicial departments | ||||||
| 6 | and
of the University of Illinois. | ||||||
| 7 | An applicable appropriations committee of each chamber of | ||||||
| 8 | the General Assembly, for fiscal year 2012 and thereafter, must | ||||||
| 9 | review individual line item appropriations and the total budget | ||||||
| 10 | for each State agency, as defined in the Illinois State | ||||||
| 11 | Auditing Act. | ||||||
| 12 | (Source: P.A. 98-460, eff. 1-1-14.)
| ||||||
| 13 | Section 55. The Civil and Equal Rights Enforcement Act is | ||||||
| 14 | amended by changing Section 1 as follows:
| ||||||
| 15 | (15 ILCS 210/1) (from Ch. 14, par. 9)
| ||||||
| 16 | Sec. 1.
There is created in the office of the Attorney | ||||||
| 17 | General a
Division for the Enforcement of Civil and Equal | ||||||
| 18 | Rights. The Division,
under the supervision and direction of | ||||||
| 19 | the Attorney General, shall
investigate all violations of the | ||||||
| 20 | laws relating to civil rights and the
prevention of | ||||||
| 21 | discriminations against persons by reason of race, color,
| ||||||
| 22 | creed, religion, sex, national origin, or physical or mental | ||||||
| 23 | disability handicap,
and shall, whenever such
violations are | ||||||
| 24 | established, undertake necessary enforcement measures.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-358.)
| ||||||
| 2 | Section 60. The Secretary of State Merit Employment Code is | ||||||
| 3 | amended by changing Sections 18a, 18b, and 18c as follows:
| ||||||
| 4 | (15 ILCS 310/18a) (from Ch. 124, par. 118a)
| ||||||
| 5 | Sec. 18a. Equal Employment Opportunity Plan. The Equal | ||||||
| 6 | Employment Opportunity
Officer shall, within 90 days after the | ||||||
| 7 | effective date of this Act and annually
thereafter, submit to | ||||||
| 8 | the Secretary of State a plan for assuring equal employment
| ||||||
| 9 | opportunity. This plan shall include a current detailed status | ||||||
| 10 | report (a)
indicating, by each position in the service of the | ||||||
| 11 | Secretary of State, the
number, percentage, and average salary | ||||||
| 12 | of women, minorities, and individuals with disabilities | ||||||
| 13 | handicapped
individuals employed; (b) identifying all | ||||||
| 14 | positions in which the percentage
of women, minorities, and | ||||||
| 15 | individuals with disabilities handicapped employed is less | ||||||
| 16 | than 4/5 the percentage
of women, minorities, and individuals | ||||||
| 17 | with disabilities handicapped in the State work force; (c) | ||||||
| 18 | specifying
the goals and methods for increasing the percentage | ||||||
| 19 | of women, minorities,
and individuals with disabilities | ||||||
| 20 | handicapped employed in these positions; and (d) indicating | ||||||
| 21 | progress
and problems towards meeting equal employment | ||||||
| 22 | opportunity goals.
| ||||||
| 23 | (Source: P.A. 80-13.)
| ||||||
| |||||||
| |||||||
| 1 | (15 ILCS 310/18b) (from Ch. 124, par. 118b)
| ||||||
| 2 | Sec. 18b.
Duties of Secretary of State's Equal Employment | ||||||
| 3 | Opportunity
Officer. The Secretary of State's Equal Employment | ||||||
| 4 | Opportunity Officer shall:
| ||||||
| 5 | (1) set forth a detailed and uniform method and requirement | ||||||
| 6 | by which the
Office of the Secretary of State shall develop and | ||||||
| 7 | implement equal employment
opportunity plans as required in | ||||||
| 8 | Section 19;
| ||||||
| 9 | (2) establish reporting procedures for measuring progress | ||||||
| 10 | and evaluation
performance in achieving equal employment | ||||||
| 11 | opportunity goals;
| ||||||
| 12 | (3) provide technical assistance and training to officials | ||||||
| 13 | of the Office
of the Secretary of State in achieving equal | ||||||
| 14 | employment opportunity goals;
| ||||||
| 15 | (4) develop and implement training programs to help women, | ||||||
| 16 | minorities,
and individuals with disabilities handicapped | ||||||
| 17 | individuals qualified for government positions and positions
| ||||||
| 18 | with government contractors;
| ||||||
| 19 | (5) report quarterly to the Secretary of State on progress, | ||||||
| 20 | performance,
and problems in meeting equal employment | ||||||
| 21 | opportunity goals; and
| ||||||
| 22 | (6) head a staff to assist him or her in performing his or | ||||||
| 23 | her powers and duties.
| ||||||
| 24 | (Source: P.A. 80-13.)
| ||||||
| 25 | (15 ILCS 310/18c) (from Ch. 124, par. 118c)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 18c. Supported employees.
| ||||||
| 2 | (a) The Director shall develop and implement a supported | ||||||
| 3 | employment
program. It shall be the goal of the program to | ||||||
| 4 | appoint a minimum of 10
supported employees to Secretary of | ||||||
| 5 | State positions before June 30, 1992.
| ||||||
| 6 | (b) The Director shall designate a liaison to work with | ||||||
| 7 | State agencies
and departments under the jurisdiction of the | ||||||
| 8 | Secretary of State and any
funder or provider or both in the | ||||||
| 9 | implementation of a supported employment
program.
| ||||||
| 10 | (c) As used in this Section:
| ||||||
| 11 | (1) "Supported employee" means any individual who:
| ||||||
| 12 | (A) has a severe physical or mental disability | ||||||
| 13 | which seriously limits
functional capacities including | ||||||
| 14 | but not limited to mobility, communication,
self-care, | ||||||
| 15 | self-direction, work tolerance or work skills, in | ||||||
| 16 | terms of
employability as defined, determined and | ||||||
| 17 | certified by the Department of
Human Services; and
| ||||||
| 18 | (B) has one or more physical or mental disabilities | ||||||
| 19 | resulting from
amputation; arthritis; blindness; | ||||||
| 20 | cancer; cerebral palsy; cystic fibrosis;
deafness; | ||||||
| 21 | heart disease; hemiplegia; respiratory or pulmonary | ||||||
| 22 | dysfunction; an intellectual disability; mental | ||||||
| 23 | illness; multiple sclerosis; muscular dystrophy;
| ||||||
| 24 | musculoskeletal disorders; neurological disorders, | ||||||
| 25 | including stroke and
epilepsy; paraplegia; | ||||||
| 26 | quadriplegia and other spinal cord conditions; sickle
| ||||||
| |||||||
| |||||||
| 1 | cell anemia; and end-stage renal disease; or another | ||||||
| 2 | disability or
combination of disabilities determined | ||||||
| 3 | on the basis of an evaluation of
rehabilitation | ||||||
| 4 | potential to cause comparable substantial functional | ||||||
| 5 | limitation.
| ||||||
| 6 | (2) "Supported employment" means competitive work in
| ||||||
| 7 | integrated work settings:
| ||||||
| 8 | (A) for individuals with severe disabilities | ||||||
| 9 | handicaps for whom competitive
employment has not | ||||||
| 10 | traditionally occurred, or
| ||||||
| 11 | (B) for individuals for whom competitive | ||||||
| 12 | employment has been
interrupted or intermittent as a | ||||||
| 13 | result of a severe disability, and who
because of their | ||||||
| 14 | disability handicap, need on-going support services to | ||||||
| 15 | perform such
work. The term includes transitional | ||||||
| 16 | employment for individuals with
chronic mental | ||||||
| 17 | illness.
| ||||||
| 18 | (3) "Participation in a supported employee program" | ||||||
| 19 | means participation
as a supported employee that is not | ||||||
| 20 | based on the expectation that an
individual will have the | ||||||
| 21 | skills to perform all the duties in a job class,
but on the | ||||||
| 22 | assumption that with support and adaptation, or both, a job | ||||||
| 23 | can
be designed to take advantage of the supported | ||||||
| 24 | employee's special strengths.
| ||||||
| 25 | (4) "Funder" means any entity either State, local or | ||||||
| 26 | federal, or
private not-for-profit or for-profit that | ||||||
| |||||||
| |||||||
| 1 | provides monies to programs that
provide services related | ||||||
| 2 | to supported employment.
| ||||||
| 3 | (5) "Provider" means any entity either public or | ||||||
| 4 | private that provides
technical support and services to any | ||||||
| 5 | department or agency subject to the
control of the | ||||||
| 6 | Governor, the Secretary of State or the University
Civil | ||||||
| 7 | Service System.
| ||||||
| 8 | (d) The Director shall establish job classifications for | ||||||
| 9 | supported
employees who may be appointed into the | ||||||
| 10 | classifications without open
competitive testing requirements. | ||||||
| 11 | Supported employees shall serve in a
trial employment capacity | ||||||
| 12 | for not less than 3 or more than 12 months.
| ||||||
| 13 | (e) The Director shall maintain a record of all individuals | ||||||
| 14 | hired as
supported employees. The record shall include:
| ||||||
| 15 | (1) the number of supported employees initially | ||||||
| 16 | appointed;
| ||||||
| 17 | (2) the number of supported employees who successfully | ||||||
| 18 | complete the
trial employment periods; and
| ||||||
| 19 | (3) the number of permanent targeted positions by | ||||||
| 20 | titles.
| ||||||
| 21 | (f) The Director shall submit an annual report to the | ||||||
| 22 | General
Assembly regarding the employment progress of | ||||||
| 23 | supported employees, with
recommendations for legislative | ||||||
| 24 | action.
| ||||||
| 25 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 65. The State Library Act is amended by changing | ||||||
| 2 | Section 18 as follows:
| ||||||
| 3 | (15 ILCS 320/18) (from Ch. 128, par. 118)
| ||||||
| 4 | Sec. 18.
Federal
aid.
The Secretary of State and State | ||||||
| 5 | Librarian is authorized and empowered
to do all things | ||||||
| 6 | necessary and proper to fully cooperate with the United
States
| ||||||
| 7 | government in the administering of any Act
heretofore, or | ||||||
| 8 | hereafter enacted for the purpose of appropriation of funds
for | ||||||
| 9 | the payment of salaries,
library materials, access to | ||||||
| 10 | electronic resources, library supplies,
equipment, the | ||||||
| 11 | construction of library buildings, library services throughout | ||||||
| 12 | the State, and
for library services to
persons with physical | ||||||
| 13 | disabilities the physically handicapped.
| ||||||
| 14 | (Source: P.A. 91-507, eff. 8-13-99.)
| ||||||
| 15 | Section 70. The Accessible Electronic Information Act is | ||||||
| 16 | amended by changing Sections 5, 10, and 15 as follows:
| ||||||
| 17 | (15 ILCS 323/5)
| ||||||
| 18 | Sec. 5. Legislative findings. The Legislature finds and | ||||||
| 19 | declares all of the following: | ||||||
| 20 | (a) Thousands of citizens in this State have disabilities | ||||||
| 21 | (including blindness or visual impairment) that prevent them | ||||||
| 22 | from using conventional print material. | ||||||
| 23 | (b) The State fulfills an important responsibility by | ||||||
| |||||||
| |||||||
| 1 | providing books and magazines prepared in Braille, audio, and | ||||||
| 2 | large-type formats made available to eligible blind persons and | ||||||
| 3 | persons with disabilities blind and disabled persons. | ||||||
| 4 | (c) The technology, transcription methods, and means of | ||||||
| 5 | distribution used for these materials are labor-intensive and | ||||||
| 6 | cannot support rapid dissemination to individuals in rural and | ||||||
| 7 | urban areas throughout the State.
| ||||||
| 8 | (d) Lack of direct and prompt access to information | ||||||
| 9 | included in newspapers, magazines, newsletters, schedules, | ||||||
| 10 | announcements, and other time-sensitive materials limits | ||||||
| 11 | educational opportunities, literacy, and full participation in | ||||||
| 12 | society by blind persons and persons with disabilities and | ||||||
| 13 | disabled persons.
| ||||||
| 14 | (Source: P.A. 93-797, eff. 7-22-04.)
| ||||||
| 15 | (15 ILCS 323/10)
| ||||||
| 16 | Sec. 10. Definitions. As used in this Act: | ||||||
| 17 | "Accessible electronic information service" means news and | ||||||
| 18 | other timely information (including newspapers) provided to | ||||||
| 19 | eligible individuals from a multi-state service center, using | ||||||
| 20 | high-speed computers and telecommunications technology for | ||||||
| 21 | interstate acquisition of content and rapid distribution in a | ||||||
| 22 | form appropriate for use by such individuals. | ||||||
| 23 | "Blind persons and persons with disabilities Blind and | ||||||
| 24 | disabled persons" means those individuals who are eligible for | ||||||
| 25 | library loan services through the Library of Congress and the | ||||||
| |||||||
| |||||||
| 1 | State Library for the Blind and Physically Handicapped pursuant | ||||||
| 2 | to 36 CFR 701.10(b). | ||||||
| 3 | "Director" means the State Librarian. | ||||||
| 4 | "Qualified entity" means an agency, instrumentality, or | ||||||
| 5 | political subdivision of the State or a nonprofit organization | ||||||
| 6 | that: | ||||||
| 7 | (1) provides interstate access for eligible persons to | ||||||
| 8 | read daily newspapers by producing audio editions by | ||||||
| 9 | computer; and | ||||||
| 10 | (2) provides a means of program administration and | ||||||
| 11 | reader registration on the Internet.
| ||||||
| 12 | (Source: P.A. 93-797, eff. 7-22-04.)
| ||||||
| 13 | (15 ILCS 323/15)
| ||||||
| 14 | Sec. 15. Accessible electronic information service | ||||||
| 15 | program. The Director by rule shall develop and implement a | ||||||
| 16 | program of grants to qualified entities for the provision of | ||||||
| 17 | accessible electronic information service to blind persons and | ||||||
| 18 | persons with disabilities blind and disabled persons | ||||||
| 19 | throughout Illinois. The grants shall be funded through | ||||||
| 20 | appropriations from the Accessible Electronic Information | ||||||
| 21 | Service Fund established in Section 20.
| ||||||
| 22 | (Source: P.A. 93-797, eff. 7-22-04.)
| ||||||
| 23 | Section 75. The Illinois Identification Card Act is amended | ||||||
| 24 | by changing Sections 2, 4, 4A, 13 and as follows:
| ||||||
| |||||||
| |||||||
| 1 | (15 ILCS 335/2) (from Ch. 124, par. 22)
| ||||||
| 2 | Sec. 2. Administration and powers and duties of the | ||||||
| 3 | Administrator. | ||||||
| 4 | (a) The Secretary of State is the Administrator of this | ||||||
| 5 | Act, and he is
charged with the duty of observing, | ||||||
| 6 | administering and enforcing the
provisions of this Act.
| ||||||
| 7 | (b) The Secretary is vested with the powers and duties for | ||||||
| 8 | the
proper administration of this Act as follows:
| ||||||
| 9 | 1. He shall organize the administration of this Act as | ||||||
| 10 | he may deem
necessary and appoint such subordinate | ||||||
| 11 | officers, clerks and other
employees as may be necessary.
| ||||||
| 12 | 2. From time to time, he may make, amend or rescind | ||||||
| 13 | rules and
regulations as may be in the public interest to | ||||||
| 14 | implement the Act.
| ||||||
| 15 | 3. He may prescribe or provide suitable forms as | ||||||
| 16 | necessary, including
such forms as are necessary to | ||||||
| 17 | establish that an applicant for an Illinois
Person with a | ||||||
| 18 | Disability Identification Card is a "person with a | ||||||
| 19 | disability" disabled person" as defined in
Section 4A of | ||||||
| 20 | this Act, and establish that an applicant for a State | ||||||
| 21 | identification card is a "homeless person" as defined in | ||||||
| 22 | Section 1A of this Act.
| ||||||
| 23 | 4. He may prepare under the seal of the Secretary of | ||||||
| 24 | State certified
copies of any records utilized under this | ||||||
| 25 | Act and any such certified
copy shall be admissible in any | ||||||
| |||||||
| |||||||
| 1 | proceeding in any court in like manner
as the original | ||||||
| 2 | thereof.
| ||||||
| 3 | 5. Records compiled under this Act shall be maintained | ||||||
| 4 | for 6 years,
but the Secretary may destroy such records | ||||||
| 5 | with the prior approval of
the State Records Commission.
| ||||||
| 6 | 6. He shall examine and determine the genuineness, | ||||||
| 7 | regularity and
legality of every application filed with him | ||||||
| 8 | under this Act, and he may
in all cases investigate the | ||||||
| 9 | same, require additional information or
proof or | ||||||
| 10 | documentation from any applicant.
| ||||||
| 11 | 7. He shall require the payment of all fees prescribed | ||||||
| 12 | in this Act,
and all such fees received by him shall be | ||||||
| 13 | placed in the Road Fund of the
State treasury except as | ||||||
| 14 | otherwise provided in Section 12 of this Act.
| ||||||
| 15 | (Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.)
| ||||||
| 16 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||
| 17 | Sec. 4. Identification Card.
| ||||||
| 18 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
| 19 | Identification Card to any natural person who is a resident
of | ||||||
| 20 | the State of Illinois who applies for such card, or renewal | ||||||
| 21 | thereof,
or who applies for a standard Illinois Identification | ||||||
| 22 | Card upon release as a
committed person on parole, mandatory | ||||||
| 23 | supervised release, aftercare release, final discharge, or
| ||||||
| 24 | pardon from the Department of Corrections or Department of | ||||||
| 25 | Juvenile Justice by submitting an identification card
issued by | ||||||
| |||||||
| |||||||
| 1 | the Department of Corrections or Department of Juvenile Justice | ||||||
| 2 | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | ||||||
| 3 | Corrections,
together with the prescribed fees. No | ||||||
| 4 | identification card shall be issued to any person who holds a | ||||||
| 5 | valid
foreign state
identification card, license, or permit | ||||||
| 6 | unless the person first surrenders to
the Secretary of
State | ||||||
| 7 | the valid foreign state identification card, license, or | ||||||
| 8 | permit. The card shall be prepared and
supplied by the | ||||||
| 9 | Secretary of State and shall include a photograph and signature | ||||||
| 10 | or mark of the
applicant. However, the Secretary of State may | ||||||
| 11 | provide by rule for the issuance of Illinois Identification | ||||||
| 12 | Cards without photographs if the applicant has a bona fide | ||||||
| 13 | religious objection to being photographed or to the display of | ||||||
| 14 | his or her photograph. The Illinois Identification Card may be | ||||||
| 15 | used for
identification purposes in any lawful situation only | ||||||
| 16 | by the person to
whom it was issued.
As used in this Act, | ||||||
| 17 | "photograph" means any color photograph or digitally
produced | ||||||
| 18 | and captured image of an applicant for an identification card. | ||||||
| 19 | As
used in this Act, "signature" means the name of a person as | ||||||
| 20 | written by that
person and captured in a manner acceptable to | ||||||
| 21 | the Secretary of State. | ||||||
| 22 | (a-5) If an applicant for an identification card has a | ||||||
| 23 | current driver's license or instruction permit issued by the | ||||||
| 24 | Secretary of State, the Secretary may require the applicant to | ||||||
| 25 | utilize the same residence address and name on the | ||||||
| 26 | identification card, driver's license, and instruction permit | ||||||
| |||||||
| |||||||
| 1 | records maintained by the Secretary. The Secretary may | ||||||
| 2 | promulgate rules to implement this provision.
| ||||||
| 3 | (a-10) If the applicant is a judicial officer as defined in | ||||||
| 4 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
| 5 | the applicant may elect to have his or her office or work | ||||||
| 6 | address listed on the card instead of the applicant's residence | ||||||
| 7 | or mailing address. The Secretary may promulgate rules to | ||||||
| 8 | implement this provision. For the purposes of this subsection | ||||||
| 9 | (a-10), "peace officer" means any person who by virtue of his | ||||||
| 10 | or her office or public employment is vested by law with a duty | ||||||
| 11 | to maintain public order or to make arrests for a violation of | ||||||
| 12 | any penal statute of this State, whether that duty extends to | ||||||
| 13 | all violations or is limited to specific violations. | ||||||
| 14 | (b) The Secretary of State shall issue a special Illinois
| ||||||
| 15 | Identification Card, which shall be known as an Illinois Person | ||||||
| 16 | with a Disability
Identification Card, to any natural person | ||||||
| 17 | who is a resident of the State
of Illinois, who is a person | ||||||
| 18 | with a disability as defined in Section 4A of this Act,
who | ||||||
| 19 | applies for such card, or renewal thereof. No Illinois Person | ||||||
| 20 | with a Disability Identification Card shall be issued to any | ||||||
| 21 | person who
holds a valid
foreign state identification card, | ||||||
| 22 | license, or permit unless the person first
surrenders to the
| ||||||
| 23 | Secretary of State the valid foreign state identification card, | ||||||
| 24 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
| 25 | to issue such card. The card shall be prepared and
supplied by | ||||||
| 26 | the Secretary of State, and shall include a photograph and | ||||||
| |||||||
| |||||||
| 1 | signature or mark of the
applicant, a designation indicating | ||||||
| 2 | that the card is an Illinois
Person with a Disability | ||||||
| 3 | Identification Card, and shall include a comprehensible | ||||||
| 4 | designation
of the type and classification of the applicant's | ||||||
| 5 | disability as set out in
Section 4A of this Act. However, the | ||||||
| 6 | Secretary of State may provide by rule for the issuance of | ||||||
| 7 | Illinois Person with a Disability Identification Cards without | ||||||
| 8 | photographs if the applicant has a bona fide religious | ||||||
| 9 | objection to being photographed or to the display of his or her | ||||||
| 10 | photograph. If the applicant so requests, the card shall
| ||||||
| 11 | include a description of the applicant's disability and any | ||||||
| 12 | information
about the applicant's disability or medical | ||||||
| 13 | history which the Secretary
determines would be helpful to the | ||||||
| 14 | applicant in securing emergency medical
care. If a mark is used | ||||||
| 15 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
| 16 | in the presence of two witnesses who attest to
the authenticity | ||||||
| 17 | of the mark. The Illinois
Person with a Disability | ||||||
| 18 | Identification Card may be used for identification purposes
in | ||||||
| 19 | any lawful situation by the person to whom it was issued.
| ||||||
| 20 | The Illinois Person with a Disability Identification Card | ||||||
| 21 | may be used as adequate
documentation of disability in lieu of | ||||||
| 22 | a physician's determination of
disability, a determination of | ||||||
| 23 | disability from a physician assistant who has
been delegated | ||||||
| 24 | the authority to make this determination by his or her
| ||||||
| 25 | supervising physician, a determination of disability from an | ||||||
| 26 | advanced practice
nurse who has a written collaborative | ||||||
| |||||||
| |||||||
| 1 | agreement with a collaborating physician
that
authorizes the | ||||||
| 2 | advanced practice nurse to make this determination, or any
| ||||||
| 3 | other documentation
of disability whenever
any
State law
| ||||||
| 4 | requires that a person with a disability disabled person | ||||||
| 5 | provide such documentation of disability,
however an Illinois | ||||||
| 6 | Person with a Disability Identification Card shall not qualify
| ||||||
| 7 | the cardholder to participate in any program or to receive any | ||||||
| 8 | benefit
which is not available to all persons with like | ||||||
| 9 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
| 10 | Illinois Person with a Disability
Identification Card, or | ||||||
| 11 | evidence that the Secretary of State has issued an
Illinois | ||||||
| 12 | Person with a Disability Identification Card, shall not be used | ||||||
| 13 | by any
person other than the person named on such card to prove | ||||||
| 14 | that the person
named on such card is a person with a | ||||||
| 15 | disability disabled person or for any other purpose unless the
| ||||||
| 16 | card is used for the benefit of the person named on such card, | ||||||
| 17 | and the
person named on such card consents to such use at the | ||||||
| 18 | time the card is so used.
| ||||||
| 19 | An optometrist's determination of a visual disability | ||||||
| 20 | under Section 4A of this Act is acceptable as documentation for | ||||||
| 21 | the purpose of issuing an Illinois Person with a Disability | ||||||
| 22 | Identification Card. | ||||||
| 23 | When medical information is contained on an Illinois Person | ||||||
| 24 | with a Disability
Identification Card, the Office of the | ||||||
| 25 | Secretary of State shall not be
liable for any actions taken | ||||||
| 26 | based upon that medical information.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Secretary of State shall provide
that each original | ||||||
| 2 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
| 3 | a Disability Identification Card issued to a person under the | ||||||
| 4 | age of 21
shall be of a distinct nature from those Illinois | ||||||
| 5 | Identification Cards or
Illinois Person with a Disability | ||||||
| 6 | Identification Cards issued to individuals 21
years of age or | ||||||
| 7 | older. The color designated for Illinois Identification
Cards | ||||||
| 8 | or Illinois Person with a Disability Identification Cards for | ||||||
| 9 | persons under
the age of 21 shall be at the discretion of the | ||||||
| 10 | Secretary of State.
| ||||||
| 11 | (c-1) Each original or renewal Illinois
Identification | ||||||
| 12 | Card or Illinois Person with a Disability Identification Card | ||||||
| 13 | issued to
a person under the age of 21 shall display the date | ||||||
| 14 | upon which the person
becomes 18 years of age and the date upon | ||||||
| 15 | which the person becomes 21 years of
age.
| ||||||
| 16 | (c-3) The General Assembly recognizes the need to identify | ||||||
| 17 | military veterans living in this State for the purpose of | ||||||
| 18 | ensuring that they receive all of the services and benefits to | ||||||
| 19 | which they are legally entitled, including healthcare, | ||||||
| 20 | education assistance, and job placement. To assist the State in | ||||||
| 21 | identifying these veterans and delivering these vital services | ||||||
| 22 | and benefits, the Secretary of State is authorized to issue | ||||||
| 23 | Illinois Identification Cards and Illinois Person with a | ||||||
| 24 | Disability Identification Cards with the word "veteran" | ||||||
| 25 | appearing on the face of the cards. This authorization is | ||||||
| 26 | predicated on the unique status of veterans. The Secretary may | ||||||
| |||||||
| |||||||
| 1 | not issue any other identification card which identifies an | ||||||
| 2 | occupation, status, affiliation, hobby, or other unique | ||||||
| 3 | characteristics of the identification card holder which is | ||||||
| 4 | unrelated to the purpose of the identification card.
| ||||||
| 5 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
| 6 | State shall designate a space on each original or renewal | ||||||
| 7 | identification card where, at the request of the applicant, the | ||||||
| 8 | word "veteran" shall be placed. The veteran designation shall | ||||||
| 9 | be available to a person identified as a veteran under | ||||||
| 10 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
| 11 | separated under honorable conditions. | ||||||
| 12 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
| 13 | discount card, to any natural person who is a resident of the | ||||||
| 14 | State of
Illinois who is 60 years of age or older and who | ||||||
| 15 | applies for such a card or
renewal thereof. The Secretary of | ||||||
| 16 | State shall charge no fee to issue such
card. The card shall be | ||||||
| 17 | issued in every county and applications shall be
made available | ||||||
| 18 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
| 19 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
| 20 | card and prior to its use for any purpose, shall have affixed | ||||||
| 21 | thereon in
the space provided therefor his signature or mark.
| ||||||
| 22 | (e) The Secretary of State, in his or her discretion, may | ||||||
| 23 | designate on each Illinois
Identification Card or Illinois | ||||||
| 24 | Person with a Disability Identification Card a space where the | ||||||
| 25 | card holder may place a sticker or decal, issued by the | ||||||
| 26 | Secretary of State, of uniform size as the Secretary may | ||||||
| |||||||
| |||||||
| 1 | specify, that shall indicate in appropriate language that the | ||||||
| 2 | card holder has renewed his or her Illinois
Identification Card | ||||||
| 3 | or Illinois Person with a Disability Identification Card. | ||||||
| 4 | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | ||||||
| 5 | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | ||||||
| 6 | eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
| 7 | (15 ILCS 335/4A) (from Ch. 124, par. 24A)
| ||||||
| 8 | Sec. 4A.
(a) "Person with a disability" as used in this Act | ||||||
| 9 | means any person who
is, and who is expected to indefinitely | ||||||
| 10 | continue to be, subject to any of
the following five types of | ||||||
| 11 | disabilities:
| ||||||
| 12 | Type One: Physical disability. A physical disability is a | ||||||
| 13 | physical
impairment, disease, or loss, which is of a permanent | ||||||
| 14 | nature, and which
substantially limits physical ability or | ||||||
| 15 | motor skills. The
Secretary of State shall establish standards | ||||||
| 16 | not inconsistent with this
provision necessary to determine the | ||||||
| 17 | presence of a physical disability.
| ||||||
| 18 | Type Two: Developmental disability. Developmental | ||||||
| 19 | disability means a disability that is attributable to: (i) an | ||||||
| 20 | intellectual disability, cerebral palsy, epilepsy, or autism | ||||||
| 21 | or (ii) any other condition that results in impairment similar | ||||||
| 22 | to that caused by an intellectual disability and requires | ||||||
| 23 | services similar to those required by persons with intellectual | ||||||
| 24 | disabilities. Such a disability must originate before the age | ||||||
| 25 | of 18 years, be expected to continue indefinitely, and | ||||||
| |||||||
| |||||||
| 1 | constitute a substantial disability handicap. The Secretary
of | ||||||
| 2 | State shall establish standards not inconsistent with this | ||||||
| 3 | provision
necessary to determine the presence of
a | ||||||
| 4 | developmental disability.
| ||||||
| 5 | Type Three: Visual disability. A visual disability is | ||||||
| 6 | blindness, and the term "blindness" means central vision acuity | ||||||
| 7 | of 20/200 or less in the better eye with the use of a | ||||||
| 8 | correcting lens. An eye that is accompanied by a limitation in | ||||||
| 9 | the fields of vision so that the widest diameter of the visual | ||||||
| 10 | field subtends an angle no greater than 20 degrees shall be | ||||||
| 11 | considered as having a central vision acuity of 20/200 or less. | ||||||
| 12 | The Secretary of State shall establish
standards not | ||||||
| 13 | inconsistent with this Section necessary to determine the
| ||||||
| 14 | presence of a visual disability.
| ||||||
| 15 | Type Four: Hearing disability. A hearing disability is a | ||||||
| 16 | disability
resulting in complete absence of hearing, or hearing | ||||||
| 17 | that with sound
enhancing or magnifying equipment is
so | ||||||
| 18 | impaired as to require the use of sensory input other than | ||||||
| 19 | hearing
as the principal means of receiving spoken language. | ||||||
| 20 | The Secretary of State
shall
establish standards not | ||||||
| 21 | inconsistent with this Section
necessary to determine the | ||||||
| 22 | presence of a hearing disability.
| ||||||
| 23 | Type Five: Mental Disability. A mental disability is a | ||||||
| 24 | significant impairment of an individual's cognitive, | ||||||
| 25 | affective, or relational abilities that may require | ||||||
| 26 | intervention and may be a recognized, medically diagnosable | ||||||
| |||||||
| |||||||
| 1 | illness or disorder. The Secretary of State shall establish
| ||||||
| 2 | standards not inconsistent with this provision necessary to | ||||||
| 3 | determine the
presence of a mental disability.
| ||||||
| 4 | (b) For purposes of this Act, a disability shall be | ||||||
| 5 | classified as
follows: Class 1 disability: A Class 1 disability | ||||||
| 6 | is any type disability
which does not render a person unable to | ||||||
| 7 | engage in any substantial gainful
activity or which does not | ||||||
| 8 | impair his ability to live independently or to
perform labor or | ||||||
| 9 | services for which he is qualified. The Secretary of State
| ||||||
| 10 | shall establish standards not inconsistent with this Section
| ||||||
| 11 | necessary to determine the presence of a Class 1 disability.
| ||||||
| 12 | Class 1A disability: A Class 1A disability is a Class 1 | ||||||
| 13 | disability which
renders a person unable to walk 200 feet or | ||||||
| 14 | more unassisted by another person
or without the aid of a | ||||||
| 15 | walker, crutches, braces, prosthetic device or a
wheelchair or | ||||||
| 16 | without great difficulty or discomfort due to the following
| ||||||
| 17 | impairments: neurologic, orthopedic, oncological, respiratory, | ||||||
| 18 | cardiac, arthritic disorder, blindness,
or the loss of function | ||||||
| 19 | or absence of a limb or limbs. The Secretary of
State shall | ||||||
| 20 | establish standards not inconsistent with this Section | ||||||
| 21 | necessary
to determine the presence of a Class 1A disability. | ||||||
| 22 | Class 2
disability: A Class 2 disability is any type disability | ||||||
| 23 | which renders a
person unable to engage in any substantial | ||||||
| 24 | gainful activity, which
substantially impairs his ability to | ||||||
| 25 | live independently without
supervision or in-home support | ||||||
| 26 | services, or which substantially impairs
his ability to perform | ||||||
| |||||||
| |||||||
| 1 | labor
or services for which he is qualified or significantly | ||||||
| 2 | restricts the
labor or services which he is able to perform.
| ||||||
| 3 | The Secretary of State shall
establish standards not | ||||||
| 4 | inconsistent with this Section necessary to
determine the | ||||||
| 5 | presence of a Class 2 disability.
Class 2A disability: A Class | ||||||
| 6 | 2A disability is a Class 2 disability which
renders a person | ||||||
| 7 | unable to walk 200 feet or more unassisted by another
person or | ||||||
| 8 | without the aid of a walker, crutches, braces, prosthetic | ||||||
| 9 | device
or a wheelchair or without great difficulty or | ||||||
| 10 | discomfort due to the
following impairments: neurologic, | ||||||
| 11 | orthopedic, oncological, respiratory, cardiac,
arthritic | ||||||
| 12 | disorder, blindness, or the loss of function or absence of a | ||||||
| 13 | limb
or limbs. The Secretary of State shall establish standards | ||||||
| 14 | not inconsistent
with this Section necessary to determine the | ||||||
| 15 | presence of a Class 2A
disability.
| ||||||
| 16 | (Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13; | ||||||
| 17 | 98-726, eff. 1-1-15.)
| ||||||
| 18 | (15 ILCS 335/13) (from Ch. 124, par. 33)
| ||||||
| 19 | Sec. 13. Rejection, denial or revocations. | ||||||
| 20 | (a) The Secretary of
State may reject or deny any | ||||||
| 21 | application if he:
| ||||||
| 22 | 1. is not satisfied with the genuineness, regularity or | ||||||
| 23 | legality of
any application; or
| ||||||
| 24 | 2. has not been supplied with the required information; | ||||||
| 25 | or
| ||||||
| |||||||
| |||||||
| 1 | 3. is not satisfied with the truth of any information | ||||||
| 2 | or
documentation supplied by an applicant; or
| ||||||
| 3 | 4. determines that the applicant is not entitled to the | ||||||
| 4 | card as
applied for; or
| ||||||
| 5 | 5. determines that any fraud was committed by the | ||||||
| 6 | applicant; or
| ||||||
| 7 | 6. determines that a signature is not valid or is a | ||||||
| 8 | forgery; or
| ||||||
| 9 | 7. determines that the applicant has not paid the | ||||||
| 10 | prescribed fee; or
| ||||||
| 11 | 8. determines that the applicant has falsely claimed to | ||||||
| 12 | be a
person with a disability as defined in Section 4A of | ||||||
| 13 | this Act; or
| ||||||
| 14 | 9. cannot verify the accuracy of any information or | ||||||
| 15 | documentation
submitted by the applicant.
| ||||||
| 16 | (b) The Secretary of State may cancel or revoke any | ||||||
| 17 | identification
card issued by him, upon determining that:
| ||||||
| 18 | 1. the holder is not legally entitled to the card; or
| ||||||
| 19 | 2. the applicant for the card made a false statement or | ||||||
| 20 | knowingly
concealed a material fact in any application | ||||||
| 21 | filed by him under this
Act; or
| ||||||
| 22 | 3. any person has displayed or represented as his own a | ||||||
| 23 | card not
issued to him; or
| ||||||
| 24 | 4. any holder has permitted the display or use of his | ||||||
| 25 | card by any
other person; or
| ||||||
| 26 | 5. that the signature of the applicant was forgery or | ||||||
| |||||||
| |||||||
| 1 | that the
signature on the card is a forgery; or
| ||||||
| 2 | 6. a card has been used for any unlawful or fraudulent | ||||||
| 3 | purpose; or
| ||||||
| 4 | 7. a card has been altered or defaced; or
| ||||||
| 5 | 8. any card has been duplicated for any purpose; or
| ||||||
| 6 | 9. any card was utilized to counterfeit such cards; or
| ||||||
| 7 | 10. the holder of an Illinois Person with a Disability | ||||||
| 8 | Identification Card is
not a person with a disability | ||||||
| 9 | disabled person as defined in Section 4A of this Act; or
| ||||||
| 10 | 11. the holder failed to appear at a Driver Services | ||||||
| 11 | facility for the
reissuance of a
card or to present | ||||||
| 12 | documentation for verification of identity.
| ||||||
| 13 | (c) The Secretary of State is authorized to take possession | ||||||
| 14 | of and shall make a demand for return of any card which
has | ||||||
| 15 | been cancelled or revoked, unlawfully or erroneously issued, or | ||||||
| 16 | issued in violation of this Act, and every
person to whom such | ||||||
| 17 | demand is
addressed, shall promptly and without delay, return | ||||||
| 18 | such card to the
Secretary pursuant to his instructions, or, he | ||||||
| 19 | shall surrender any such
card to the Secretary or any agent of | ||||||
| 20 | the Secretary upon demand.
| ||||||
| 21 | (d) The Secretary of State is authorized to take possession | ||||||
| 22 | of any
Illinois Identification Card or Illinois Person with a | ||||||
| 23 | Disability Identification
Card which has been cancelled or | ||||||
| 24 | revoked, or
which is blank, or which has been altered or | ||||||
| 25 | defaced or duplicated or
which is counterfeit or contains a | ||||||
| 26 | forgery; or otherwise issued in violation
of this Act and may | ||||||
| |||||||
| |||||||
| 1 | confiscate any suspected fraudulent, fictitious, or altered | ||||||
| 2 | documents submitted by an applicant in support of an | ||||||
| 3 | application for an identification card.
| ||||||
| 4 | (Source: P.A. 97-229, eff. 7-28-11; 97-1064, eff. 1-1-13.)
| ||||||
| 5 | Section 80. The State Comptroller Act is amended by | ||||||
| 6 | changing Sections 10.05 and 23.9 as follows:
| ||||||
| 7 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| ||||||
| 8 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
| 9 | for deduction. Whenever any person shall be entitled to a | ||||||
| 10 | warrant or other
payment from the treasury or other funds held | ||||||
| 11 | by the State Treasurer, on any
account, against whom there | ||||||
| 12 | shall be any then due and payable account or claim in favor of | ||||||
| 13 | the
State, the United States upon certification by the | ||||||
| 14 | Secretary of the Treasury of the United States, or his or her | ||||||
| 15 | delegate, pursuant to a reciprocal offset agreement under | ||||||
| 16 | subsection (i-1) of Section 10 of the Illinois State Collection | ||||||
| 17 | Act of 1986, or a unit of local government, a school district, | ||||||
| 18 | a public institution of higher education, as defined in Section | ||||||
| 19 | 1 of the Board of Higher Education Act, or the clerk of a | ||||||
| 20 | circuit court, upon certification by that entity, the | ||||||
| 21 | Comptroller, upon notification thereof, shall
ascertain the | ||||||
| 22 | amount due and payable to the State, the United States, the | ||||||
| 23 | unit of local government, the school district, the public | ||||||
| 24 | institution of higher education, or the clerk of the circuit | ||||||
| |||||||
| |||||||
| 1 | court, as aforesaid, and draw a
warrant on the treasury or on | ||||||
| 2 | other funds held by the State Treasurer, stating
the amount for | ||||||
| 3 | which the party was entitled to a warrant or other payment, the
| ||||||
| 4 | amount deducted therefrom, and on what account, and directing | ||||||
| 5 | the payment of
the balance; which warrant or payment as so | ||||||
| 6 | drawn shall be entered on the books
of the Treasurer, and such | ||||||
| 7 | balance only shall be paid. The Comptroller may
deduct any one | ||||||
| 8 | or more of the following: (i) the entire amount due and payable | ||||||
| 9 | to the State or a portion
of the amount due and payable to the | ||||||
| 10 | State in accordance with the request of
the notifying agency; | ||||||
| 11 | (ii) the entire amount due and payable to the United States or | ||||||
| 12 | a portion of the amount due and payable to the United States in | ||||||
| 13 | accordance with a reciprocal offset agreement under subsection | ||||||
| 14 | (i-1) of Section 10 of the Illinois State Collection Act of | ||||||
| 15 | 1986; or (iii) the entire amount due and payable to the unit of | ||||||
| 16 | local government, school district, public institution of | ||||||
| 17 | higher education, or clerk of the circuit court, or a portion | ||||||
| 18 | of the amount due and payable to that entity, in accordance | ||||||
| 19 | with an intergovernmental agreement authorized under this | ||||||
| 20 | Section and Section 10.05d. No request from a notifying agency, | ||||||
| 21 | the Secretary of the Treasury of the United States, a unit of | ||||||
| 22 | local government, a school district, a public institution of | ||||||
| 23 | higher education, or the clerk of a circuit court for an amount | ||||||
| 24 | to be
deducted under this Section from a wage or salary | ||||||
| 25 | payment, or from a
contractual payment to an individual for | ||||||
| 26 | personal services, shall exceed 25% of
the net amount of such | ||||||
| |||||||
| |||||||
| 1 | payment. "Net amount" means that part of the earnings
of an | ||||||
| 2 | individual remaining after deduction of any amounts required by | ||||||
| 3 | law to be
withheld. For purposes of this provision, wage, | ||||||
| 4 | salary or other payments for
personal services shall not | ||||||
| 5 | include final compensation payments for the value
of accrued | ||||||
| 6 | vacation, overtime or sick leave. Whenever the Comptroller | ||||||
| 7 | draws a
warrant or makes a payment involving a deduction | ||||||
| 8 | ordered under this Section,
the Comptroller shall notify the | ||||||
| 9 | payee and the State agency that submitted
the voucher of the | ||||||
| 10 | reason for the deduction and he or she shall retain a record of | ||||||
| 11 | such
statement in his or her
records. As used in this Section, | ||||||
| 12 | an "account or
claim in favor of the State" includes all | ||||||
| 13 | amounts owing to "State agencies"
as defined in Section 7 of | ||||||
| 14 | this Act. However, the Comptroller shall not be
required to | ||||||
| 15 | accept accounts or claims owing to funds not held by the State
| ||||||
| 16 | Treasurer, where such accounts or claims do not exceed $50, nor | ||||||
| 17 | shall the
Comptroller deduct from funds held by the State | ||||||
| 18 | Treasurer under the Senior
Citizens and Persons with | ||||||
| 19 | Disabilities Disabled Persons Property Tax Relief Act or for | ||||||
| 20 | payments to institutions from the Illinois Prepaid Tuition | ||||||
| 21 | Trust
Fund
(unless the Trust Fund
moneys are used for child | ||||||
| 22 | support).
The Comptroller shall not deduct from payments to be | ||||||
| 23 | disbursed from the Child Support Enforcement Trust Fund as | ||||||
| 24 | provided for under Section 12-10.2 of the Illinois Public Aid | ||||||
| 25 | Code, except for payments representing interest on child | ||||||
| 26 | support obligations under Section 10-16.5 of that Code. The | ||||||
| |||||||
| |||||||
| 1 | Comptroller and the
Department of Revenue shall enter into an
| ||||||
| 2 | interagency agreement to establish responsibilities, duties, | ||||||
| 3 | and procedures
relating to deductions from lottery prizes | ||||||
| 4 | awarded under Section 20.1
of the Illinois Lottery Law. The | ||||||
| 5 | Comptroller may enter into an intergovernmental agreement with | ||||||
| 6 | the Department of Revenue and the Secretary of the Treasury of | ||||||
| 7 | the United States, or his or her delegate, to establish | ||||||
| 8 | responsibilities, duties, and procedures relating to | ||||||
| 9 | reciprocal offset of delinquent State and federal obligations | ||||||
| 10 | pursuant to subsection (i-1) of Section 10 of the Illinois | ||||||
| 11 | State Collection Act of 1986. The Comptroller may enter into | ||||||
| 12 | intergovernmental agreements with any unit of local | ||||||
| 13 | government, school district, public institution of higher | ||||||
| 14 | education, or clerk of a circuit court to establish | ||||||
| 15 | responsibilities, duties, and procedures to provide for the | ||||||
| 16 | offset, by the Comptroller, of obligations owed to those | ||||||
| 17 | entities.
| ||||||
| 18 | For the purposes of this Section, "clerk of a circuit | ||||||
| 19 | court" means the clerk of a circuit court in any county in the | ||||||
| 20 | State. | ||||||
| 21 | (Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. | ||||||
| 22 | 97-632 for the effective date of changes made by P.A. 97-269); | ||||||
| 23 | 97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff. | ||||||
| 24 | 8-2-12; 97-970, eff. 8-16-12; 98-463, eff. 8-16-13.)
| ||||||
| 25 | (15 ILCS 405/23.9) | ||||||
| |||||||
| |||||||
| 1 | Sec. 23.9. Minority Contractor Opportunity Initiative. The | ||||||
| 2 | State Comptroller Minority Contractor Opportunity Initiative | ||||||
| 3 | is created to provide greater opportunities for minority-owned | ||||||
| 4 | businesses, female-owned businesses, businesses owned by | ||||||
| 5 | persons with disabilities, and small businesses with 20 or | ||||||
| 6 | fewer employees in this State to participate in the State | ||||||
| 7 | procurement process. The initiative shall be administered by | ||||||
| 8 | the Comptroller. Under this initiative, the Comptroller is | ||||||
| 9 | responsible for the following: (i) outreach to minority-owned | ||||||
| 10 | businesses, female-owned businesses, businesses owned by | ||||||
| 11 | persons with disabilities, and small businesses capable of | ||||||
| 12 | providing services to the State; (ii) education of | ||||||
| 13 | minority-owned businesses, female-owned businesses, businesses | ||||||
| 14 | owned by persons with disabilities, and small businesses | ||||||
| 15 | concerning State contracting and procurement; (iii) | ||||||
| 16 | notification of minority-owned businesses, female-owned | ||||||
| 17 | businesses, businesses owned by persons with disabilities, and | ||||||
| 18 | small businesses of State contracting opportunities; and (iv) | ||||||
| 19 | maintenance of an online database of State contracts that | ||||||
| 20 | identifies the contracts awarded to minority-owned businesses, | ||||||
| 21 | female-owned businesses, businesses owned by persons with | ||||||
| 22 | disabilities, and small businesses that includes the total | ||||||
| 23 | amount paid by State agencies to contractors and the percentage | ||||||
| 24 | paid to minority-owned businesses, female-owned businesses, | ||||||
| 25 | businesses owned by persons with disabilities, and small | ||||||
| 26 | businesses. | ||||||
| |||||||
| |||||||
| 1 | The Comptroller shall work with the Business Enterprise | ||||||
| 2 | Council created under Section 5 of the Business Enterprise for | ||||||
| 3 | Minorities, Females, and Persons with Disabilities Act to | ||||||
| 4 | fulfill the Comptroller's responsibilities under this Section. | ||||||
| 5 | The Comptroller may rely on the Business Enterprise Council's | ||||||
| 6 | identification of minority-owned businesses, female-owned | ||||||
| 7 | businesses, and businesses owned by persons with disabilities. | ||||||
| 8 | The Comptroller shall annually prepare and submit a report | ||||||
| 9 | to the Governor and the General Assembly concerning the | ||||||
| 10 | progress of this initiative including the following | ||||||
| 11 | information for the preceding calendar year: (i) a statement of | ||||||
| 12 | the total amounts paid by each executive branch agency to | ||||||
| 13 | contractors since the previous report; (ii) the percentage of | ||||||
| 14 | the amounts that were paid to minority-owned businesses, | ||||||
| 15 | female-owned businesses, businesses owned by persons with | ||||||
| 16 | disabilities, and small businesses; (iii) the successes | ||||||
| 17 | achieved and the challenges faced by the Comptroller in | ||||||
| 18 | operating outreach programs for minorities, women, persons | ||||||
| 19 | with disabilities, and small businesses; (iv) the challenges | ||||||
| 20 | each executive branch agency may face in hiring qualified | ||||||
| 21 | minority, female, disabled, and small business employees and | ||||||
| 22 | employees with disabilities and contracting with qualified | ||||||
| 23 | minority-owned businesses, female-owned businesses, businesses | ||||||
| 24 | owned by persons with disabilities, and small businesses; and | ||||||
| 25 | (iv) any other information, findings, conclusions, and | ||||||
| 26 | recommendations for legislative or agency action, as the | ||||||
| |||||||
| |||||||
| 1 | Comptroller deems appropriate. | ||||||
| 2 | On and after the effective date of this amendatory Act of | ||||||
| 3 | the 97th General Assembly, any bidder or offeror awarded a | ||||||
| 4 | contract of $1,000 or more under Section 20-10, 20-15, 20-25, | ||||||
| 5 | or 20-30 of the Illinois Procurement Code is required to pay a | ||||||
| 6 | fee of $15 to cover expenses related to the administration of | ||||||
| 7 | this Section. The Comptroller shall deduct the fee from the | ||||||
| 8 | first check issued to the vendor under the contract and deposit | ||||||
| 9 | the fee into the Comptroller's Administrative Fund. Contracts | ||||||
| 10 | administered for statewide orders placed by agencies (commonly | ||||||
| 11 | referred to as "statewide master contracts") are exempt from | ||||||
| 12 | this fee.
| ||||||
| 13 | (Source: P.A. 97-590, eff. 8-26-11; 98-797, eff. 7-31-14.)
| ||||||
| 14 | Section 85. The Comptroller Merit Employment Code is | ||||||
| 15 | amended by changing Sections 18a and 18b as follows:
| ||||||
| 16 | (15 ILCS 410/18a) (from Ch. 15, par. 454)
| ||||||
| 17 | Sec. 18a. Equal Employment Opportunity Plan. The Equal | ||||||
| 18 | Employment
Opportunity Officer shall, within 90 days after the | ||||||
| 19 | effective date of this
Act and annually thereafter, submit to | ||||||
| 20 | the Comptroller a plan for assuring
equal employment | ||||||
| 21 | opportunity. This plan shall include a current detailed
status | ||||||
| 22 | report (a) indicating, by each position in the service of the | ||||||
| 23 | Comptroller,
the number, percentage, and average salary of | ||||||
| 24 | women, minorities, and individuals with disabilities | ||||||
| |||||||
| |||||||
| 1 | handicapped
individuals employed; (b) identifying all | ||||||
| 2 | positions in which the percentage
of women, minorities, and | ||||||
| 3 | individuals with disabilities handicapped employed is less | ||||||
| 4 | than 4/5 the percentage
of women, minorities, and individuals | ||||||
| 5 | with disabilities handicapped in the State work force; (c) | ||||||
| 6 | specifying
the goals and methods for increasing the percentage | ||||||
| 7 | of women, minorities,
and individuals with disabilities | ||||||
| 8 | handicapped employed in these positions; and (d) indicating | ||||||
| 9 | progress
and problems towards meeting equal employment | ||||||
| 10 | opportunity goals.
| ||||||
| 11 | (Source: P.A. 80-1397.)
| ||||||
| 12 | (15 ILCS 410/18b) (from Ch. 15, par. 455)
| ||||||
| 13 | Sec. 18b. Duties of Comptroller's Equal Employment | ||||||
| 14 | Opportunity Officer.
The Comptroller's Equal Employment | ||||||
| 15 | Opportunity Officer shall:
| ||||||
| 16 | (1) set forth a detailed and uniform method and requirement | ||||||
| 17 | by which the
Office of the Comptroller shall develop and | ||||||
| 18 | implement equal employment opportunity
plans as required in | ||||||
| 19 | Section 18;
| ||||||
| 20 | (2) establish reporting procedures for measuring progress | ||||||
| 21 | and evaluation
performance in achieving equal employment | ||||||
| 22 | opportunity goals;
| ||||||
| 23 | (3) provide technical assistance and training to officials | ||||||
| 24 | of the Office
of the Comptroller in achieving equal employment | ||||||
| 25 | opportunity goals;
| ||||||
| |||||||
| |||||||
| 1 | (4) develop and implement training programs to help women, | ||||||
| 2 | minorities,
and individuals with disabilities handicapped | ||||||
| 3 | individuals qualifying for government positions and positions
| ||||||
| 4 | with government contractors;
| ||||||
| 5 | (5) report quarterly to the Comptroller on progress, | ||||||
| 6 | performance, and
problems in meeting equal employment | ||||||
| 7 | opportunity goals.
| ||||||
| 8 | (Source: P.A. 80-1397.)
| ||||||
| 9 | Section 90. The State Treasurer Act is amended by changing | ||||||
| 10 | Section 16.5 as follows:
| ||||||
| 11 | (15 ILCS 505/16.5)
| ||||||
| 12 | Sec. 16.5. College Savings Pool. The State Treasurer may | ||||||
| 13 | establish and
administer a College Savings Pool to supplement | ||||||
| 14 | and enhance the investment
opportunities otherwise available | ||||||
| 15 | to persons seeking to finance the costs of
higher education. | ||||||
| 16 | The State Treasurer, in administering the College Savings
Pool, | ||||||
| 17 | may receive moneys paid into the pool by a participant and may | ||||||
| 18 | serve as
the fiscal agent of that participant for the purpose | ||||||
| 19 | of holding and investing
those moneys.
| ||||||
| 20 | "Participant", as used in this Section, means any person | ||||||
| 21 | who has authority to withdraw funds, change the designated | ||||||
| 22 | beneficiary, or otherwise exercise control over an account. | ||||||
| 23 | "Donor", as used in this Section, means any person who makes
| ||||||
| 24 | investments in the pool. "Designated beneficiary", as used in | ||||||
| |||||||
| |||||||
| 1 | this Section,
means any person on whose behalf an account is | ||||||
| 2 | established in the College
Savings Pool by a participant. Both | ||||||
| 3 | in-state and out-of-state persons may be
participants, donors, | ||||||
| 4 | and designated beneficiaries in the College Savings Pool. The | ||||||
| 5 | College Savings Pool must be available to any individual with a | ||||||
| 6 | valid social security number or taxpayer identification number | ||||||
| 7 | for the benefit of any individual with a valid social security | ||||||
| 8 | number or taxpayer identification number, unless a contract in | ||||||
| 9 | effect on August 1, 2011 (the effective date of Public Act | ||||||
| 10 | 97-233) does not allow for taxpayer identification numbers, in | ||||||
| 11 | which case taxpayer identification numbers must be allowed upon | ||||||
| 12 | the expiration of the contract.
| ||||||
| 13 | New accounts in the College Savings Pool may be processed | ||||||
| 14 | through
participating financial institutions. "Participating | ||||||
| 15 | financial institution",
as used in this Section, means any | ||||||
| 16 | financial institution insured by the Federal
Deposit Insurance | ||||||
| 17 | Corporation and lawfully doing business in the State of
| ||||||
| 18 | Illinois and any credit union approved by the State Treasurer | ||||||
| 19 | and lawfully
doing business in the State of Illinois that | ||||||
| 20 | agrees to process new accounts in
the College Savings Pool. | ||||||
| 21 | Participating financial institutions may charge a
processing | ||||||
| 22 | fee to participants to open an account in the pool that shall | ||||||
| 23 | not
exceed $30 until the year 2001. Beginning in 2001 and every | ||||||
| 24 | year thereafter,
the maximum fee limit shall be adjusted by the | ||||||
| 25 | Treasurer based on the Consumer
Price Index for the North | ||||||
| 26 | Central Region as published by the United States
Department of | ||||||
| |||||||
| |||||||
| 1 | Labor, Bureau of Labor Statistics for the immediately preceding
| ||||||
| 2 | calendar year. Every contribution received by a financial | ||||||
| 3 | institution for
investment in the College Savings Pool shall be | ||||||
| 4 | transferred from the financial
institution to a location | ||||||
| 5 | selected by the State Treasurer within one business
day | ||||||
| 6 | following the day that the funds must be made available in | ||||||
| 7 | accordance with
federal law. All communications from the State | ||||||
| 8 | Treasurer to participants and donors shall
reference the | ||||||
| 9 | participating financial institution at which the account was
| ||||||
| 10 | processed.
| ||||||
| 11 | The Treasurer may invest the moneys in the College Savings | ||||||
| 12 | Pool in the same
manner and in the same types of investments
| ||||||
| 13 | provided for the investment of moneys by the Illinois State | ||||||
| 14 | Board of
Investment. To enhance the safety and liquidity of the | ||||||
| 15 | College Savings Pool,
to ensure the diversification of the | ||||||
| 16 | investment portfolio of the pool, and in
an effort to keep | ||||||
| 17 | investment dollars in the State of Illinois, the State
| ||||||
| 18 | Treasurer may make a percentage of each account available for | ||||||
| 19 | investment in
participating financial institutions doing | ||||||
| 20 | business in the State. The State
Treasurer may deposit with the | ||||||
| 21 | participating financial institution at which
the account was | ||||||
| 22 | processed the following percentage of each account at a
| ||||||
| 23 | prevailing rate offered by the institution, provided that the | ||||||
| 24 | deposit is
federally insured or fully collateralized and the | ||||||
| 25 | institution accepts the
deposit: 10% of the total amount of | ||||||
| 26 | each account for which the current age of
the beneficiary is | ||||||
| |||||||
| |||||||
| 1 | less than 7 years of age, 20% of the total amount of each
| ||||||
| 2 | account for which the beneficiary is at least 7 years of age | ||||||
| 3 | and less than 12
years of age, and 50% of the total amount of | ||||||
| 4 | each account for which the current
age of the beneficiary is at | ||||||
| 5 | least 12 years of age.
The Treasurer shall develop, publish, | ||||||
| 6 | and implement an investment policy
covering the investment of | ||||||
| 7 | the moneys in the College Savings Pool. The policy
shall be | ||||||
| 8 | published each year as part
of the audit of the College Savings | ||||||
| 9 | Pool by the Auditor General, which shall be
distributed to all | ||||||
| 10 | participants. The Treasurer shall notify all participants
in | ||||||
| 11 | writing, and the Treasurer shall publish in a newspaper of | ||||||
| 12 | general
circulation in both Chicago and Springfield, any | ||||||
| 13 | changes to the previously
published investment policy at least | ||||||
| 14 | 30 calendar days before implementing the
policy. Any investment | ||||||
| 15 | policy adopted by the Treasurer shall be reviewed and
updated | ||||||
| 16 | if necessary within 90 days following the date that the State | ||||||
| 17 | Treasurer
takes office.
| ||||||
| 18 | Participants shall be required to use moneys distributed | ||||||
| 19 | from the College
Savings Pool for qualified expenses at | ||||||
| 20 | eligible educational institutions.
"Qualified expenses", as | ||||||
| 21 | used in this Section, means the following: (i)
tuition, fees, | ||||||
| 22 | and the costs of books, supplies, and equipment required for
| ||||||
| 23 | enrollment or attendance at an eligible educational | ||||||
| 24 | institution and (ii)
certain room and board expenses incurred | ||||||
| 25 | while attending an eligible
educational institution at least | ||||||
| 26 | half-time. "Eligible educational
institutions", as used in | ||||||
| |||||||
| |||||||
| 1 | this Section, means public and private colleges,
junior | ||||||
| 2 | colleges, graduate schools, and certain vocational | ||||||
| 3 | institutions that are
described in Section 481 of the Higher | ||||||
| 4 | Education Act of 1965 (20 U.S.C. 1088)
and that are eligible to | ||||||
| 5 | participate in Department of Education student aid
programs. A | ||||||
| 6 | student shall be considered to be enrolled at
least half-time | ||||||
| 7 | if the student is enrolled for at least half the full-time
| ||||||
| 8 | academic work load for the course of study the student is | ||||||
| 9 | pursuing as
determined under the standards of the institution | ||||||
| 10 | at which the student is
enrolled. Distributions made from the | ||||||
| 11 | pool for qualified expenses shall be
made directly to the | ||||||
| 12 | eligible educational institution, directly to a vendor, or
in | ||||||
| 13 | the form of a check payable to both the beneficiary and the | ||||||
| 14 | institution or
vendor. Any moneys that are distributed in any | ||||||
| 15 | other manner or that are used
for expenses other than qualified | ||||||
| 16 | expenses at an eligible educational
institution shall be | ||||||
| 17 | subject to a penalty of 10% of the earnings unless the
| ||||||
| 18 | beneficiary dies, becomes a person with a disability disabled, | ||||||
| 19 | or receives a scholarship that equals or
exceeds the | ||||||
| 20 | distribution. Penalties shall be withheld at the time the
| ||||||
| 21 | distribution is made.
| ||||||
| 22 | The Treasurer shall limit the contributions that may be | ||||||
| 23 | made on behalf of a
designated beneficiary based on the | ||||||
| 24 | limitations established by the Internal Revenue Service. The | ||||||
| 25 | contributions made on behalf of a
beneficiary who is also a | ||||||
| 26 | beneficiary under the Illinois Prepaid Tuition
Program shall be | ||||||
| |||||||
| |||||||
| 1 | further restricted to ensure that the contributions in both
| ||||||
| 2 | programs combined do not exceed the limit established for the | ||||||
| 3 | College Savings
Pool. The Treasurer shall provide the Illinois | ||||||
| 4 | Student Assistance Commission
each year at a time designated by | ||||||
| 5 | the Commission, an electronic report of all
participant | ||||||
| 6 | accounts in the Treasurer's College Savings Pool, listing total
| ||||||
| 7 | contributions and disbursements from each individual account | ||||||
| 8 | during the
previous calendar year. As soon thereafter as is | ||||||
| 9 | possible following receipt of
the Treasurer's report, the | ||||||
| 10 | Illinois Student Assistance Commission shall, in
turn, provide | ||||||
| 11 | the Treasurer with an electronic report listing those College
| ||||||
| 12 | Savings Pool participants who also participate in the State's | ||||||
| 13 | prepaid tuition
program, administered by the Commission. The | ||||||
| 14 | Commission shall be responsible
for filing any combined tax | ||||||
| 15 | reports regarding State qualified savings programs
required by | ||||||
| 16 | the United States Internal Revenue Service. The Treasurer shall
| ||||||
| 17 | work with the Illinois Student Assistance Commission to | ||||||
| 18 | coordinate the
marketing of the College Savings Pool and the | ||||||
| 19 | Illinois Prepaid Tuition
Program when considered beneficial by | ||||||
| 20 | the Treasurer and the Director of the
Illinois Student | ||||||
| 21 | Assistance
Commission. The Treasurer's office shall not | ||||||
| 22 | publicize or otherwise market the
College Savings Pool or | ||||||
| 23 | accept any moneys into the College Savings Pool prior
to March | ||||||
| 24 | 1, 2000. The Treasurer shall provide a separate accounting for | ||||||
| 25 | each
designated beneficiary to each participant, the Illinois | ||||||
| 26 | Student Assistance
Commission, and the participating financial | ||||||
| |||||||
| |||||||
| 1 | institution at which the account
was processed. No interest in | ||||||
| 2 | the program may be pledged as security for a
loan. Moneys held | ||||||
| 3 | in an account invested in the Illinois College Savings Pool | ||||||
| 4 | shall be exempt from all claims of the creditors of the | ||||||
| 5 | participant, donor, or designated beneficiary of that account, | ||||||
| 6 | except for the non-exempt College Savings Pool transfers to or | ||||||
| 7 | from the account as defined under subsection (j) of Section | ||||||
| 8 | 12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
| ||||||
| 9 | The assets of the College Savings Pool and its income and | ||||||
| 10 | operation shall
be exempt from all taxation by the State of | ||||||
| 11 | Illinois and any of its
subdivisions. The accrued earnings on | ||||||
| 12 | investments in the Pool once disbursed
on behalf of a | ||||||
| 13 | designated beneficiary shall be similarly exempt from all
| ||||||
| 14 | taxation by the State of Illinois and its subdivisions, so long | ||||||
| 15 | as they are
used for qualified expenses. Contributions to a | ||||||
| 16 | College Savings Pool account
during the taxable year may be | ||||||
| 17 | deducted from adjusted gross income as provided
in Section 203 | ||||||
| 18 | of the Illinois Income Tax Act. The provisions of this
| ||||||
| 19 | paragraph are exempt from Section 250 of the Illinois Income | ||||||
| 20 | Tax Act.
| ||||||
| 21 | The Treasurer shall adopt rules he or she considers | ||||||
| 22 | necessary for the
efficient administration of the College | ||||||
| 23 | Savings Pool. The rules shall provide
whatever additional | ||||||
| 24 | parameters and restrictions are necessary to ensure that
the | ||||||
| 25 | College Savings Pool meets all of the requirements for a | ||||||
| 26 | qualified state
tuition program under Section 529 of the | ||||||
| |||||||
| |||||||
| 1 | Internal Revenue Code (26 U.S.C. 529).
The rules shall provide | ||||||
| 2 | for the administration expenses of the pool to be paid
from its | ||||||
| 3 | earnings and for the investment earnings in excess of the | ||||||
| 4 | expenses and
all moneys collected as penalties to be credited | ||||||
| 5 | or paid monthly to the several
participants in the pool in a | ||||||
| 6 | manner which equitably reflects the differing
amounts of their | ||||||
| 7 | respective investments in the pool and the differing periods
of | ||||||
| 8 | time for which those amounts were in the custody of the pool. | ||||||
| 9 | Also, the
rules shall require the maintenance of records that | ||||||
| 10 | enable the Treasurer's
office to produce a report for each | ||||||
| 11 | account in the pool at least annually that
documents the | ||||||
| 12 | account balance and investment earnings. Notice of any proposed
| ||||||
| 13 | amendments to the rules and regulations shall be provided to | ||||||
| 14 | all participants
prior to adoption. Amendments to rules and | ||||||
| 15 | regulations shall apply only to
contributions made after the | ||||||
| 16 | adoption of the amendment.
| ||||||
| 17 | Upon creating the College Savings Pool, the State Treasurer | ||||||
| 18 | shall give bond
with 2 or more sufficient sureties, payable to | ||||||
| 19 | and for the benefit of the
participants in the College Savings | ||||||
| 20 | Pool, in the penal sum of $1,000,000,
conditioned upon the | ||||||
| 21 | faithful discharge of his or her duties in relation to
the | ||||||
| 22 | College Savings Pool.
| ||||||
| 23 | (Source: P.A. 97-233, eff. 8-1-11; 97-537, eff. 8-23-11; | ||||||
| 24 | 97-813, eff. 7-13-12.)
| ||||||
| 25 | Section 95. The Civil Administrative Code of Illinois is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 5-550 as follows:
| ||||||
| 2 | (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
| ||||||
| 3 | Sec. 5-550. In the Department of Human Services. A State | ||||||
| 4 | Rehabilitation
Council, hereinafter referred to as the | ||||||
| 5 | Council, is hereby established for
the purpose of complying | ||||||
| 6 | with the requirements of 34 CFR 361.16 and advising the | ||||||
| 7 | Secretary of Human Services and the vocational rehabilitation
| ||||||
| 8 | administrator of the provisions of the federal Rehabilitation | ||||||
| 9 | Act of 1973 and
the Americans with Disabilities Act of 1990 in | ||||||
| 10 | matters concerning individuals
with disabilities and the | ||||||
| 11 | provision of vocational rehabilitation services. The Council
| ||||||
| 12 | shall consist of members appointed by the Governor after | ||||||
| 13 | soliciting
recommendations from organizations representing a | ||||||
| 14 | broad
range of individuals with disabilities and organizations | ||||||
| 15 | interested in
individuals with disabilities. However, the | ||||||
| 16 | Governor may delegate his appointing authority under this | ||||||
| 17 | Section to the Council by executive order. | ||||||
| 18 | The Council shall consist of the following appointed | ||||||
| 19 | members:
| ||||||
| 20 | (1) One representative of a parent training center | ||||||
| 21 | established in
accordance with the federal Individuals | ||||||
| 22 | with Disabilities Education Act.
| ||||||
| 23 | (2) One representative of the Client Assistance | ||||||
| 24 | Program.
| ||||||
| 25 | (3) One vocational rehabilitation counselor who has | ||||||
| |||||||
| |||||||
| 1 | knowledge of and
experience with vocational rehabilitation | ||||||
| 2 | programs.
If an employee of the Department of Human | ||||||
| 3 | Services is appointed under this item, then he or she shall | ||||||
| 4 | serve
as an ex officio, nonvoting member.
| ||||||
| 5 | (4) One representative of community rehabilitation | ||||||
| 6 | program service
providers.
| ||||||
| 7 | (5) Four representatives of business, industry, and | ||||||
| 8 | labor.
| ||||||
| 9 | (6) At least two but not more than five representatives | ||||||
| 10 | of disability advocacy groups representing a
cross section | ||||||
| 11 | of the following:
| ||||||
| 12 | (A) individuals with physical, cognitive, sensory, | ||||||
| 13 | and mental
disabilities; and
| ||||||
| 14 | (B) parents, family members, guardians, advocates, | ||||||
| 15 | or authorized
representative of individuals with | ||||||
| 16 | disabilities who have difficulty in
representing | ||||||
| 17 | themselves or who are unable, due to their | ||||||
| 18 | disabilities, to
represent themselves.
| ||||||
| 19 | (7) One current or former applicant for, or recipient | ||||||
| 20 | of, vocational
rehabilitation services.
| ||||||
| 21 | (8) One representative from secondary or higher | ||||||
| 22 | education.
| ||||||
| 23 | (9) One representative of the State Workforce | ||||||
| 24 | Investment Board.
| ||||||
| 25 | (10) One representative of the Illinois State Board of | ||||||
| 26 | Education who is
knowledgeable about the Individuals with | ||||||
| |||||||
| |||||||
| 1 | Disabilities Education Act.
| ||||||
| 2 | (11) The chairperson of, or a member designated by, the | ||||||
| 3 | Statewide Independent Living Council established under | ||||||
| 4 | Section 12a of the Rehabilitation of Persons with | ||||||
| 5 | Disabilities Disabled Persons Rehabilitation Act. | ||||||
| 6 | (12) The chairperson of, or a member designated by, the | ||||||
| 7 | Blind Services Planning Council established under Section | ||||||
| 8 | 7 of the Bureau for the Blind Act. | ||||||
| 9 | (13) The vocational rehabilitation administrator, as | ||||||
| 10 | defined in Section 1b of the Rehabilitation of Persons with | ||||||
| 11 | Disabilities Disabled Persons Rehabilitation Act, who | ||||||
| 12 | shall serve as an ex officio, nonvoting member.
| ||||||
| 13 | The Council shall select a Chairperson.
| ||||||
| 14 | The Chairperson and a majority of the
members of the | ||||||
| 15 | Council shall be persons who are individuals with disabilities. | ||||||
| 16 | At least one
member shall be a senior citizen age 60 or over, | ||||||
| 17 | and at least one member shall be at least 18 but not more than | ||||||
| 18 | 25 years old. A majority of the
Council members shall not be | ||||||
| 19 | employees of the Department of Human Services.
| ||||||
| 20 | Members appointed to the Council for full terms on or after | ||||||
| 21 | the effective date of this amendatory Act of the 98th General | ||||||
| 22 | Assembly shall be appointed for terms of 3 years. No Council | ||||||
| 23 | member, other than the vocational rehabilitation administrator | ||||||
| 24 | and the representative of the Client Assistance Program, shall | ||||||
| 25 | serve for more than 2 consecutive terms as a representative of | ||||||
| 26 | one of the 13 enumerated categories. If an individual, other | ||||||
| |||||||
| |||||||
| 1 | than the vocational rehabilitation administrator and the | ||||||
| 2 | representative of the Client Assistance Program, has completed | ||||||
| 3 | 2 consecutive terms and is eligible to seek appointment as a | ||||||
| 4 | representative of one of the other enumerated categories, then | ||||||
| 5 | that individual may be appointed to serve as a representative | ||||||
| 6 | of one of those other enumerated categories after a meaningful | ||||||
| 7 | break in Council service, as defined by the Council through its | ||||||
| 8 | by-laws. | ||||||
| 9 | Vacancies for unexpired terms shall be filled. Individuals | ||||||
| 10 | appointed by the appointing authority to fill an unexpired term | ||||||
| 11 | shall complete the remainder of the vacated term. When the | ||||||
| 12 | initial term of a person appointed to fill a vacancy is | ||||||
| 13 | completed, the individual appointed to fill that vacancy may be | ||||||
| 14 | re-appointed by the appointing authority to the vacated | ||||||
| 15 | position for one subsequent term. | ||||||
| 16 | If an excessive number of expired terms and vacated terms | ||||||
| 17 | combine to place an undue burden on the Council, the appointing | ||||||
| 18 | authority may appoint members for terms of 1, 2, or 3 years. | ||||||
| 19 | The appointing authority shall determine the terms of Council | ||||||
| 20 | members to ensure the number of terms expiring each year is as | ||||||
| 21 | close to equal as possible. | ||||||
| 22 | Notwithstanding the foregoing, a member who is serving on | ||||||
| 23 | the Council on the effective date of this amendatory Act of the | ||||||
| 24 | 98th General Assembly and whose term expires as a result of the | ||||||
| 25 | changes made by this amendatory Act of the 98th General | ||||||
| 26 | Assembly may complete the unexpired portion of his or her term. | ||||||
| |||||||
| |||||||
| 1 | Members shall be reimbursed in accordance with State laws, | ||||||
| 2 | rules, and rates
for expenses incurred in the performance of | ||||||
| 3 | their approved, Council-related duties,
including expenses for | ||||||
| 4 | travel, child care, or personal assistance services. A
member | ||||||
| 5 | who is not employed or who must forfeit wages from other | ||||||
| 6 | employment may
be paid reasonable compensation, as determined | ||||||
| 7 | by the Department, for each day the member is engaged in
| ||||||
| 8 | performing approved duties of the Council.
| ||||||
| 9 | The Council
shall meet at least 4 times per year at times | ||||||
| 10 | and places designated by the Chairperson
upon 10 days written | ||||||
| 11 | notice to the members. Special meetings may
be called by the | ||||||
| 12 | Chairperson or 7 members of the
Council upon 7 days written
| ||||||
| 13 | notice to the other members. Nine members shall constitute a
| ||||||
| 14 | quorum.
No member of the Council shall cast a vote on any | ||||||
| 15 | matter that would provide
direct financial benefit to the | ||||||
| 16 | member or otherwise give the appearance of a
conflict of | ||||||
| 17 | interest under Illinois law.
| ||||||
| 18 | The
Council shall prepare and submit to the
vocational | ||||||
| 19 | rehabilitation
administrator
the reports and findings
that the | ||||||
| 20 | vocational rehabilitation administrator may request or
that | ||||||
| 21 | the Council deems fit.
The Council shall select jointly with | ||||||
| 22 | the
vocational rehabilitation
administrator
a pool of
| ||||||
| 23 | qualified persons to serve as impartial hearing officers.
The | ||||||
| 24 | Council shall, with the vocational rehabilitation unit in the | ||||||
| 25 | Department,
jointly develop, agree to, and review annually | ||||||
| 26 | State goals and priorities and
jointly submit annual reports of | ||||||
| |||||||
| |||||||
| 1 | progress to the federal Commissioner of
the
Rehabilitation | ||||||
| 2 | Services Administration.
| ||||||
| 3 | To the extent that there is a disagreement between the | ||||||
| 4 | Council and the unit
within the
Department of Human Services | ||||||
| 5 | responsible for the administration of the
vocational | ||||||
| 6 | rehabilitation program, regarding the resources
necessary to | ||||||
| 7 | carry out the functions of the Council as set forth in this
| ||||||
| 8 | Section, the
disagreement shall be resolved by the Governor.
| ||||||
| 9 | (Source: P.A. 98-76, eff. 7-15-13.)
| ||||||
| 10 | Section 100. The Illinois Employment First Act is amended | ||||||
| 11 | by changing Section 10 as follows:
| ||||||
| 12 | (20 ILCS 40/10)
| ||||||
| 13 | Sec. 10. Definitions. As used in this Act: | ||||||
| 14 | "Competitive employment" means work in the competitive | ||||||
| 15 | labor market that is performed on a full-time or part-time | ||||||
| 16 | basis in an integrated setting and for which an individual is | ||||||
| 17 | compensated at or above the minimum wage, but not less than the | ||||||
| 18 | customary wage and level of benefits paid by the employer for | ||||||
| 19 | the same or similar work performed by individuals who are not | ||||||
| 20 | persons with disabilities disabled. | ||||||
| 21 | "Disability" has the meaning ascribed to that term in | ||||||
| 22 | Section 10 of the Disabilities Services Act of 2003.
| ||||||
| 23 | "Integrated setting" means with respect to an employment | ||||||
| 24 | outcome, a setting typically found in the community in which | ||||||
| |||||||
| |||||||
| 1 | applicants or eligible individuals interact with individuals | ||||||
| 2 | without disabilities non-disabled individuals, other than | ||||||
| 3 | individuals without disabilities non-disabled individuals who | ||||||
| 4 | are providing services to those applicants or eligible | ||||||
| 5 | individuals, to the same extent that individuals without | ||||||
| 6 | disabilities non-disabled individuals in comparable positions | ||||||
| 7 | interact with other persons.
| ||||||
| 8 | "State agency" means and includes all boards, commissions, | ||||||
| 9 | agencies, institutions, authorities, and bodies politic and | ||||||
| 10 | corporate of the State, created by or in accordance with the | ||||||
| 11 | Illinois Constitution or State statute, of the executive branch | ||||||
| 12 | of State government and does include colleges, universities,
| ||||||
| 13 | public employee retirement systems, and institutions under the | ||||||
| 14 | jurisdiction of the governing boards of the University of | ||||||
| 15 | Illinois, Southern Illinois University, Illinois State | ||||||
| 16 | University, Eastern Illinois University, Northern Illinois | ||||||
| 17 | University, Western Illinois University, Chicago State | ||||||
| 18 | University, Governors State University, Northeastern Illinois | ||||||
| 19 | University, and the Illinois Board of Higher Education.
| ||||||
| 20 | (Source: P.A. 98-91, eff. 7-16-13.)
| ||||||
| 21 | Section 105. The Illinois Act on the Aging is amended by | ||||||
| 22 | changing Sections 4.02, 4.03, and 4.15 as follows:
| ||||||
| 23 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||
| 24 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 4.02. Community Care Program. The Department shall | ||||||
| 2 | establish a program of services to
prevent unnecessary | ||||||
| 3 | institutionalization of persons age 60 and older in
need of | ||||||
| 4 | long term care or who are established as persons who suffer | ||||||
| 5 | from
Alzheimer's disease or a related disorder under the | ||||||
| 6 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
| 7 | remain in their own homes or in other living arrangements. Such
| ||||||
| 8 | preventive services, which may be coordinated with other | ||||||
| 9 | programs for the
aged and monitored by area agencies on aging | ||||||
| 10 | in cooperation with the
Department, may include, but are not | ||||||
| 11 | limited to, any or all of the following:
| ||||||
| 12 | (a) (blank);
| ||||||
| 13 | (b) (blank);
| ||||||
| 14 | (c) home care aide services;
| ||||||
| 15 | (d) personal assistant services;
| ||||||
| 16 | (e) adult day services;
| ||||||
| 17 | (f) home-delivered meals;
| ||||||
| 18 | (g) education in self-care;
| ||||||
| 19 | (h) personal care services;
| ||||||
| 20 | (i) adult day health services;
| ||||||
| 21 | (j) habilitation services;
| ||||||
| 22 | (k) respite care;
| ||||||
| 23 | (k-5) community reintegration services;
| ||||||
| 24 | (k-6) flexible senior services; | ||||||
| 25 | (k-7) medication management; | ||||||
| 26 | (k-8) emergency home response;
| ||||||
| |||||||
| |||||||
| 1 | (l) other nonmedical social services that may enable | ||||||
| 2 | the person
to become self-supporting; or
| ||||||
| 3 | (m) clearinghouse for information provided by senior | ||||||
| 4 | citizen home owners
who want to rent rooms to or share | ||||||
| 5 | living space with other senior citizens.
| ||||||
| 6 | The Department shall establish eligibility standards for | ||||||
| 7 | such
services. In determining the amount and nature of services
| ||||||
| 8 | for which a person may qualify, consideration shall not be | ||||||
| 9 | given to the
value of cash, property or other assets held in | ||||||
| 10 | the name of the person's
spouse pursuant to a written agreement | ||||||
| 11 | dividing marital property into equal
but separate shares or | ||||||
| 12 | pursuant to a transfer of the person's interest in a
home to | ||||||
| 13 | his spouse, provided that the spouse's share of the marital
| ||||||
| 14 | property is not made available to the person seeking such | ||||||
| 15 | services.
| ||||||
| 16 | Beginning January 1, 2008, the Department shall require as | ||||||
| 17 | a condition of eligibility that all new financially eligible | ||||||
| 18 | applicants apply for and enroll in medical assistance under | ||||||
| 19 | Article V of the Illinois Public Aid Code in accordance with | ||||||
| 20 | rules promulgated by the Department.
| ||||||
| 21 | The Department shall, in conjunction with the Department of | ||||||
| 22 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
| 23 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
| 24 | Social
Security Act. The purpose of the amendments shall be to | ||||||
| 25 | extend eligibility
for home and community based services under | ||||||
| 26 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
| |||||||
| |||||||
| 1 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
| 2 | income and resources allowed under Section 1924 of
the Social | ||||||
| 3 | Security Act. Subject to the approval of such amendments, the
| ||||||
| 4 | Department shall extend the provisions of Section 5-4 of the | ||||||
| 5 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
| 6 | of home or
community-based services, would require the level of | ||||||
| 7 | care provided in an
institution, as is provided for in federal | ||||||
| 8 | law. Those persons no longer
found to be eligible for receiving | ||||||
| 9 | noninstitutional services due to changes
in the eligibility | ||||||
| 10 | criteria shall be given 45 days notice prior to actual
| ||||||
| 11 | termination. Those persons receiving notice of termination may | ||||||
| 12 | contact the
Department and request the determination be | ||||||
| 13 | appealed at any time during the
45 day notice period. The | ||||||
| 14 | target
population identified for the purposes of this Section | ||||||
| 15 | are persons age 60
and older with an identified service need. | ||||||
| 16 | Priority shall be given to those
who are at imminent risk of | ||||||
| 17 | institutionalization. The services shall be
provided to | ||||||
| 18 | eligible persons age 60 and older to the extent that the cost
| ||||||
| 19 | of the services together with the other personal maintenance
| ||||||
| 20 | expenses of the persons are reasonably related to the standards
| ||||||
| 21 | established for care in a group facility appropriate to the | ||||||
| 22 | person's
condition. These non-institutional services, pilot | ||||||
| 23 | projects or
experimental facilities may be provided as part of | ||||||
| 24 | or in addition to
those authorized by federal law or those | ||||||
| 25 | funded and administered by the
Department of Human Services. | ||||||
| 26 | The Departments of Human Services, Healthcare and Family | ||||||
| |||||||
| |||||||
| 1 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
| 2 | Economic Opportunity and
other appropriate agencies of State, | ||||||
| 3 | federal and local governments shall
cooperate with the | ||||||
| 4 | Department on Aging in the establishment and development
of the | ||||||
| 5 | non-institutional services. The Department shall require an | ||||||
| 6 | annual
audit from all personal assistant
and home care aide | ||||||
| 7 | vendors contracting with
the Department under this Section. The | ||||||
| 8 | annual audit shall assure that each
audited vendor's procedures | ||||||
| 9 | are in compliance with Department's financial
reporting | ||||||
| 10 | guidelines requiring an administrative and employee wage and | ||||||
| 11 | benefits cost split as defined in administrative rules. The | ||||||
| 12 | audit is a public record under
the Freedom of Information Act. | ||||||
| 13 | The Department shall execute, relative to
the nursing home | ||||||
| 14 | prescreening project, written inter-agency
agreements with the | ||||||
| 15 | Department of Human Services and the Department
of Healthcare | ||||||
| 16 | and Family Services, to effect the following: (1) intake | ||||||
| 17 | procedures and common
eligibility criteria for those persons | ||||||
| 18 | who are receiving non-institutional
services; and (2) the | ||||||
| 19 | establishment and development of non-institutional
services in | ||||||
| 20 | areas of the State where they are not currently available or | ||||||
| 21 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
| 22 | prescreenings for
individuals 60 years of age or older shall be | ||||||
| 23 | conducted by the Department.
| ||||||
| 24 | As part of the Department on Aging's routine training of | ||||||
| 25 | case managers and case manager supervisors, the Department may | ||||||
| 26 | include information on family futures planning for persons who | ||||||
| |||||||
| |||||||
| 1 | are age 60 or older and who are caregivers of their adult | ||||||
| 2 | children with developmental disabilities. The content of the | ||||||
| 3 | training shall be at the Department's discretion. | ||||||
| 4 | The Department is authorized to establish a system of | ||||||
| 5 | recipient copayment
for services provided under this Section, | ||||||
| 6 | such copayment to be based upon
the recipient's ability to pay | ||||||
| 7 | but in no case to exceed the actual cost of
the services | ||||||
| 8 | provided. Additionally, any portion of a person's income which
| ||||||
| 9 | is equal to or less than the federal poverty standard shall not | ||||||
| 10 | be
considered by the Department in determining the copayment. | ||||||
| 11 | The level of
such copayment shall be adjusted whenever | ||||||
| 12 | necessary to reflect any change
in the officially designated | ||||||
| 13 | federal poverty standard.
| ||||||
| 14 | The Department, or the Department's authorized | ||||||
| 15 | representative, may
recover the amount of moneys expended for | ||||||
| 16 | services provided to or in
behalf of a person under this | ||||||
| 17 | Section by a claim against the person's
estate or against the | ||||||
| 18 | estate of the person's surviving spouse, but no
recovery may be | ||||||
| 19 | had until after the death of the surviving spouse, if
any, and | ||||||
| 20 | then only at such time when there is no surviving child who
is | ||||||
| 21 | under age 21 or , blind or who has a permanent and total | ||||||
| 22 | disability , or permanently and totally disabled. This
| ||||||
| 23 | paragraph, however, shall not bar recovery, at the death of the | ||||||
| 24 | person, of
moneys for services provided to the person or in | ||||||
| 25 | behalf of the person under
this Section to which the person was | ||||||
| 26 | not entitled;
provided that such recovery shall not be enforced | ||||||
| |||||||
| |||||||
| 1 | against any real estate while
it is occupied as a homestead by | ||||||
| 2 | the surviving spouse or other dependent, if no
claims by other | ||||||
| 3 | creditors have been filed against the estate, or, if such
| ||||||
| 4 | claims have been filed, they remain dormant for failure of | ||||||
| 5 | prosecution or
failure of the claimant to compel administration | ||||||
| 6 | of the estate for the purpose
of payment. This paragraph shall | ||||||
| 7 | not bar recovery from the estate of a spouse,
under Sections | ||||||
| 8 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
| 9 | Illinois Public Aid Code, who precedes a person receiving | ||||||
| 10 | services under this
Section in death. All moneys for services
| ||||||
| 11 | paid to or in behalf of the person under this Section shall be | ||||||
| 12 | claimed for
recovery from the deceased spouse's estate. | ||||||
| 13 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
| 14 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
| 15 | or relative, as defined by the rules and regulations of the | ||||||
| 16 | Department of Healthcare and Family Services, regardless of the | ||||||
| 17 | value of the property.
| ||||||
| 18 | The Department shall increase the effectiveness of the | ||||||
| 19 | existing Community Care Program by: | ||||||
| 20 | (1) ensuring that in-home services included in the care | ||||||
| 21 | plan are available on evenings and weekends; | ||||||
| 22 | (2) ensuring that care plans contain the services that | ||||||
| 23 | eligible participants
need based on the number of days in a | ||||||
| 24 | month, not limited to specific blocks of time, as | ||||||
| 25 | identified by the comprehensive assessment tool selected | ||||||
| 26 | by the Department for use statewide, not to exceed the | ||||||
| |||||||
| |||||||
| 1 | total monthly service cost maximum allowed for each | ||||||
| 2 | service; the Department shall develop administrative rules | ||||||
| 3 | to implement this item (2); | ||||||
| 4 | (3) ensuring that the participants have the right to | ||||||
| 5 | choose the services contained in their care plan and to | ||||||
| 6 | direct how those services are provided, based on | ||||||
| 7 | administrative rules established by the Department; | ||||||
| 8 | (4) ensuring that the determination of need tool is | ||||||
| 9 | accurate in determining the participants' level of need; to | ||||||
| 10 | achieve this, the Department, in conjunction with the Older | ||||||
| 11 | Adult Services Advisory Committee, shall institute a study | ||||||
| 12 | of the relationship between the Determination of Need | ||||||
| 13 | scores, level of need, service cost maximums, and the | ||||||
| 14 | development and utilization of service plans no later than | ||||||
| 15 | May 1, 2008; findings and recommendations shall be | ||||||
| 16 | presented to the Governor and the General Assembly no later | ||||||
| 17 | than January 1, 2009; recommendations shall include all | ||||||
| 18 | needed changes to the service cost maximums schedule and | ||||||
| 19 | additional covered services; | ||||||
| 20 | (5) ensuring that homemakers can provide personal care | ||||||
| 21 | services that may or may not involve contact with clients, | ||||||
| 22 | including but not limited to: | ||||||
| 23 | (A) bathing; | ||||||
| 24 | (B) grooming; | ||||||
| 25 | (C) toileting; | ||||||
| 26 | (D) nail care; | ||||||
| |||||||
| |||||||
| 1 | (E) transferring; | ||||||
| 2 | (F) respiratory services; | ||||||
| 3 | (G) exercise; or | ||||||
| 4 | (H) positioning; | ||||||
| 5 | (6) ensuring that homemaker program vendors are not | ||||||
| 6 | restricted from hiring homemakers who are family members of | ||||||
| 7 | clients or recommended by clients; the Department may not, | ||||||
| 8 | by rule or policy, require homemakers who are family | ||||||
| 9 | members of clients or recommended by clients to accept | ||||||
| 10 | assignments in homes other than the client; | ||||||
| 11 | (7) ensuring that the State may access maximum federal | ||||||
| 12 | matching funds by seeking approval for the Centers for | ||||||
| 13 | Medicare and Medicaid Services for modifications to the | ||||||
| 14 | State's home and community based services waiver and | ||||||
| 15 | additional waiver opportunities, including applying for | ||||||
| 16 | enrollment in the Balance Incentive Payment Program by May | ||||||
| 17 | 1, 2013, in order to maximize federal matching funds; this | ||||||
| 18 | shall include, but not be limited to, modification that | ||||||
| 19 | reflects all changes in the Community Care Program services | ||||||
| 20 | and all increases in the services cost maximum; | ||||||
| 21 | (8) ensuring that the determination of need tool | ||||||
| 22 | accurately reflects the service needs of individuals with | ||||||
| 23 | Alzheimer's disease and related dementia disorders; | ||||||
| 24 | (9) ensuring that services are authorized accurately | ||||||
| 25 | and consistently for the Community Care Program (CCP); the | ||||||
| 26 | Department shall implement a Service Authorization policy | ||||||
| |||||||
| |||||||
| 1 | directive; the purpose shall be to ensure that eligibility | ||||||
| 2 | and services are authorized accurately and consistently in | ||||||
| 3 | the CCP program; the policy directive shall clarify service | ||||||
| 4 | authorization guidelines to Care Coordination Units and | ||||||
| 5 | Community Care Program providers no later than May 1, 2013; | ||||||
| 6 | (10) working in conjunction with Care Coordination | ||||||
| 7 | Units, the Department of Healthcare and Family Services, | ||||||
| 8 | the Department of Human Services, Community Care Program | ||||||
| 9 | providers, and other stakeholders to make improvements to | ||||||
| 10 | the Medicaid claiming processes and the Medicaid | ||||||
| 11 | enrollment procedures or requirements as needed, | ||||||
| 12 | including, but not limited to, specific policy changes or | ||||||
| 13 | rules to improve the up-front enrollment of participants in | ||||||
| 14 | the Medicaid program and specific policy changes or rules | ||||||
| 15 | to insure more prompt submission of bills to the federal | ||||||
| 16 | government to secure maximum federal matching dollars as | ||||||
| 17 | promptly as possible; the Department on Aging shall have at | ||||||
| 18 | least 3 meetings with stakeholders by January 1, 2014 in | ||||||
| 19 | order to address these improvements; | ||||||
| 20 | (11) requiring home care service providers to comply | ||||||
| 21 | with the rounding of hours worked provisions under the | ||||||
| 22 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
| 23 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
| 24 | (12) implementing any necessary policy changes or | ||||||
| 25 | promulgating any rules, no later than January 1, 2014, to | ||||||
| 26 | assist the Department of Healthcare and Family Services in | ||||||
| |||||||
| |||||||
| 1 | moving as many participants as possible, consistent with | ||||||
| 2 | federal regulations, into coordinated care plans if a care | ||||||
| 3 | coordination plan that covers long term care is available | ||||||
| 4 | in the recipient's area; and | ||||||
| 5 | (13) maintaining fiscal year 2014 rates at the same | ||||||
| 6 | level established on January 1, 2013. | ||||||
| 7 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
| 8 | Counseling Demonstration Project as is practicable, the | ||||||
| 9 | Department may, based on its evaluation of the demonstration | ||||||
| 10 | project, promulgate rules concerning personal assistant | ||||||
| 11 | services, to include, but need not be limited to, | ||||||
| 12 | qualifications, employment screening, rights under fair labor | ||||||
| 13 | standards, training, fiduciary agent, and supervision | ||||||
| 14 | requirements. All applicants shall be subject to the provisions | ||||||
| 15 | of the Health Care Worker Background Check Act.
| ||||||
| 16 | The Department shall develop procedures to enhance | ||||||
| 17 | availability of
services on evenings, weekends, and on an | ||||||
| 18 | emergency basis to meet the
respite needs of caregivers. | ||||||
| 19 | Procedures shall be developed to permit the
utilization of | ||||||
| 20 | services in successive blocks of 24 hours up to the monthly
| ||||||
| 21 | maximum established by the Department. Workers providing these | ||||||
| 22 | services
shall be appropriately trained.
| ||||||
| 23 | Beginning on the effective date of this Amendatory Act of | ||||||
| 24 | 1991, no person
may perform chore/housekeeping and home care | ||||||
| 25 | aide services under a program
authorized by this Section unless | ||||||
| 26 | that person has been issued a certificate
of pre-service to do | ||||||
| |||||||
| |||||||
| 1 | so by his or her employing agency. Information
gathered to | ||||||
| 2 | effect such certification shall include (i) the person's name,
| ||||||
| 3 | (ii) the date the person was hired by his or her current | ||||||
| 4 | employer, and
(iii) the training, including dates and levels. | ||||||
| 5 | Persons engaged in the
program authorized by this Section | ||||||
| 6 | before the effective date of this
amendatory Act of 1991 shall | ||||||
| 7 | be issued a certificate of all pre- and
in-service training | ||||||
| 8 | from his or her employer upon submitting the necessary
| ||||||
| 9 | information. The employing agency shall be required to retain | ||||||
| 10 | records of
all staff pre- and in-service training, and shall | ||||||
| 11 | provide such records to
the Department upon request and upon | ||||||
| 12 | termination of the employer's contract
with the Department. In | ||||||
| 13 | addition, the employing agency is responsible for
the issuance | ||||||
| 14 | of certifications of in-service training completed to their
| ||||||
| 15 | employees.
| ||||||
| 16 | The Department is required to develop a system to ensure | ||||||
| 17 | that persons
working as home care aides and personal assistants
| ||||||
| 18 | receive increases in their
wages when the federal minimum wage | ||||||
| 19 | is increased by requiring vendors to
certify that they are | ||||||
| 20 | meeting the federal minimum wage statute for home care aides
| ||||||
| 21 | and personal assistants. An employer that cannot ensure that | ||||||
| 22 | the minimum
wage increase is being given to home care aides and | ||||||
| 23 | personal assistants
shall be denied any increase in | ||||||
| 24 | reimbursement costs.
| ||||||
| 25 | The Community Care Program Advisory Committee is created in | ||||||
| 26 | the Department on Aging. The Director shall appoint individuals | ||||||
| |||||||
| |||||||
| 1 | to serve in the Committee, who shall serve at their own | ||||||
| 2 | expense. Members of the Committee must abide by all applicable | ||||||
| 3 | ethics laws. The Committee shall advise the Department on | ||||||
| 4 | issues related to the Department's program of services to | ||||||
| 5 | prevent unnecessary institutionalization. The Committee shall | ||||||
| 6 | meet on a bi-monthly basis and shall serve to identify and | ||||||
| 7 | advise the Department on present and potential issues affecting | ||||||
| 8 | the service delivery network, the program's clients, and the | ||||||
| 9 | Department and to recommend solution strategies. Persons | ||||||
| 10 | appointed to the Committee shall be appointed on, but not | ||||||
| 11 | limited to, their own and their agency's experience with the | ||||||
| 12 | program, geographic representation, and willingness to serve. | ||||||
| 13 | The Director shall appoint members to the Committee to | ||||||
| 14 | represent provider, advocacy, policy research, and other | ||||||
| 15 | constituencies committed to the delivery of high quality home | ||||||
| 16 | and community-based services to older adults. Representatives | ||||||
| 17 | shall be appointed to ensure representation from community care | ||||||
| 18 | providers including, but not limited to, adult day service | ||||||
| 19 | providers, homemaker providers, case coordination and case | ||||||
| 20 | management units, emergency home response providers, statewide | ||||||
| 21 | trade or labor unions that represent home care
aides and direct | ||||||
| 22 | care staff, area agencies on aging, adults over age 60, | ||||||
| 23 | membership organizations representing older adults, and other | ||||||
| 24 | organizational entities, providers of care, or individuals | ||||||
| 25 | with demonstrated interest and expertise in the field of home | ||||||
| 26 | and community care as determined by the Director. | ||||||
| |||||||
| |||||||
| 1 | Nominations may be presented from any agency or State | ||||||
| 2 | association with interest in the program. The Director, or his | ||||||
| 3 | or her designee, shall serve as the permanent co-chair of the | ||||||
| 4 | advisory committee. One other co-chair shall be nominated and | ||||||
| 5 | approved by the members of the committee on an annual basis. | ||||||
| 6 | Committee members' terms of appointment shall be for 4 years | ||||||
| 7 | with one-quarter of the appointees' terms expiring each year. A | ||||||
| 8 | member shall continue to serve until his or her replacement is | ||||||
| 9 | named. The Department shall fill vacancies that have a | ||||||
| 10 | remaining term of over one year, and this replacement shall | ||||||
| 11 | occur through the annual replacement of expiring terms. The | ||||||
| 12 | Director shall designate Department staff to provide technical | ||||||
| 13 | assistance and staff support to the committee. Department | ||||||
| 14 | representation shall not constitute membership of the | ||||||
| 15 | committee. All Committee papers, issues, recommendations, | ||||||
| 16 | reports, and meeting memoranda are advisory only. The Director, | ||||||
| 17 | or his or her designee, shall make a written report, as | ||||||
| 18 | requested by the Committee, regarding issues before the | ||||||
| 19 | Committee.
| ||||||
| 20 | The Department on Aging and the Department of Human | ||||||
| 21 | Services
shall cooperate in the development and submission of | ||||||
| 22 | an annual report on
programs and services provided under this | ||||||
| 23 | Section. Such joint report
shall be filed with the Governor and | ||||||
| 24 | the General Assembly on or before
September 30 each year.
| ||||||
| 25 | The requirement for reporting to the General Assembly shall | ||||||
| 26 | be satisfied
by filing copies of the report with the Speaker, | ||||||
| |||||||
| |||||||
| 1 | the Minority Leader and
the Clerk of the House of | ||||||
| 2 | Representatives and the President, the Minority
Leader and the | ||||||
| 3 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
| 4 | required by Section 3.1 of the General Assembly Organization | ||||||
| 5 | Act and
filing such additional copies with the State Government | ||||||
| 6 | Report Distribution
Center for the General Assembly as is | ||||||
| 7 | required under paragraph (t) of
Section 7 of the State Library | ||||||
| 8 | Act.
| ||||||
| 9 | Those persons previously found eligible for receiving | ||||||
| 10 | non-institutional
services whose services were discontinued | ||||||
| 11 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
| 12 | not meet the eligibility standards in effect
on or after July | ||||||
| 13 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
| 14 | Those persons previously not required to cost-share and who | ||||||
| 15 | were
required to cost-share effective March 1, 1992, shall | ||||||
| 16 | continue to meet
cost-share requirements on and after July 1, | ||||||
| 17 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
| 18 | meet
eligibility, cost-share, and other requirements and will | ||||||
| 19 | have services
discontinued or altered when they fail to meet | ||||||
| 20 | these requirements. | ||||||
| 21 | For the purposes of this Section, "flexible senior | ||||||
| 22 | services" refers to services that require one-time or periodic | ||||||
| 23 | expenditures including, but not limited to, respite care, home | ||||||
| 24 | modification, assistive technology, housing assistance, and | ||||||
| 25 | transportation.
| ||||||
| 26 | The Department shall implement an electronic service | ||||||
| |||||||
| |||||||
| 1 | verification based on global positioning systems or other | ||||||
| 2 | cost-effective technology for the Community Care Program no | ||||||
| 3 | later than January 1, 2014. | ||||||
| 4 | The Department shall require, as a condition of | ||||||
| 5 | eligibility, enrollment in the medical assistance program | ||||||
| 6 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
| 7 | August 1, 2013, if the Auditor General has reported that the | ||||||
| 8 | Department has failed
to comply with the reporting requirements | ||||||
| 9 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
| 10 | beginning June 1, 2014, if the Auditor General has reported | ||||||
| 11 | that the
Department has not undertaken the required actions | ||||||
| 12 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
| 13 | of the
Illinois State Auditing Act. | ||||||
| 14 | The Department shall delay Community Care Program services | ||||||
| 15 | until an applicant is determined eligible for medical | ||||||
| 16 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
| 17 | beginning August 1, 2013, if the Auditor General has reported | ||||||
| 18 | that the Department has failed
to comply with the reporting | ||||||
| 19 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
| 20 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
| 21 | reported that the
Department has not undertaken the required | ||||||
| 22 | actions listed in
the report required by subsection (a) of | ||||||
| 23 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
| 24 | The Department shall implement co-payments for the | ||||||
| 25 | Community Care Program at the federally allowable maximum level | ||||||
| 26 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
| |||||||
| |||||||
| 1 | reported that the Department has failed
to comply with the | ||||||
| 2 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
| 3 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
| 4 | General has reported that the
Department has not undertaken the | ||||||
| 5 | required actions listed in
the report required by subsection | ||||||
| 6 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
| 7 | The Department shall provide a bi-monthly report on the | ||||||
| 8 | progress of the Community Care Program reforms set forth in | ||||||
| 9 | this amendatory Act of the 98th General Assembly to the | ||||||
| 10 | Governor, the Speaker of the House of Representatives, the | ||||||
| 11 | Minority Leader of the House of Representatives, the
President | ||||||
| 12 | of the
Senate, and the Minority Leader of the Senate. | ||||||
| 13 | The Department shall conduct a quarterly review of Care | ||||||
| 14 | Coordination Unit performance and adherence to service | ||||||
| 15 | guidelines. The quarterly review shall be reported to the | ||||||
| 16 | Speaker of the House of Representatives, the Minority Leader of | ||||||
| 17 | the House of Representatives, the
President of the
Senate, and | ||||||
| 18 | the Minority Leader of the Senate. The Department shall collect | ||||||
| 19 | and report longitudinal data on the performance of each care | ||||||
| 20 | coordination unit. Nothing in this paragraph shall be construed | ||||||
| 21 | to require the Department to identify specific care | ||||||
| 22 | coordination units. | ||||||
| 23 | In regard to community care providers, failure to comply | ||||||
| 24 | with Department on Aging policies shall be cause for | ||||||
| 25 | disciplinary action, including, but not limited to, | ||||||
| 26 | disqualification from serving Community Care Program clients. | ||||||
| |||||||
| |||||||
| 1 | Each provider, upon submission of any bill or invoice to the | ||||||
| 2 | Department for payment for services rendered, shall include a | ||||||
| 3 | notarized statement, under penalty of perjury pursuant to | ||||||
| 4 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
| 5 | has complied with all Department policies. | ||||||
| 6 | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
| ||||||
| 7 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 8 | Sec. 4.02. Community Care Program. The Department shall | ||||||
| 9 | establish a program of services to
prevent unnecessary | ||||||
| 10 | institutionalization of persons age 60 and older in
need of | ||||||
| 11 | long term care or who are established as persons who suffer | ||||||
| 12 | from
Alzheimer's disease or a related disorder under the | ||||||
| 13 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
| 14 | remain in their own homes or in other living arrangements. Such
| ||||||
| 15 | preventive services, which may be coordinated with other | ||||||
| 16 | programs for the
aged and monitored by area agencies on aging | ||||||
| 17 | in cooperation with the
Department, may include, but are not | ||||||
| 18 | limited to, any or all of the following:
| ||||||
| 19 | (a) (blank);
| ||||||
| 20 | (b) (blank);
| ||||||
| 21 | (c) home care aide services;
| ||||||
| 22 | (d) personal assistant services;
| ||||||
| 23 | (e) adult day services;
| ||||||
| 24 | (f) home-delivered meals;
| ||||||
| 25 | (g) education in self-care;
| ||||||
| |||||||
| |||||||
| 1 | (h) personal care services;
| ||||||
| 2 | (i) adult day health services;
| ||||||
| 3 | (j) habilitation services;
| ||||||
| 4 | (k) respite care;
| ||||||
| 5 | (k-5) community reintegration services;
| ||||||
| 6 | (k-6) flexible senior services; | ||||||
| 7 | (k-7) medication management; | ||||||
| 8 | (k-8) emergency home response;
| ||||||
| 9 | (l) other nonmedical social services that may enable | ||||||
| 10 | the person
to become self-supporting; or
| ||||||
| 11 | (m) clearinghouse for information provided by senior | ||||||
| 12 | citizen home owners
who want to rent rooms to or share | ||||||
| 13 | living space with other senior citizens.
| ||||||
| 14 | The Department shall establish eligibility standards for | ||||||
| 15 | such
services. In determining the amount and nature of services
| ||||||
| 16 | for which a person may qualify, consideration shall not be | ||||||
| 17 | given to the
value of cash, property or other assets held in | ||||||
| 18 | the name of the person's
spouse pursuant to a written agreement | ||||||
| 19 | dividing marital property into equal
but separate shares or | ||||||
| 20 | pursuant to a transfer of the person's interest in a
home to | ||||||
| 21 | his spouse, provided that the spouse's share of the marital
| ||||||
| 22 | property is not made available to the person seeking such | ||||||
| 23 | services.
| ||||||
| 24 | Beginning January 1, 2008, the Department shall require as | ||||||
| 25 | a condition of eligibility that all new financially eligible | ||||||
| 26 | applicants apply for and enroll in medical assistance under | ||||||
| |||||||
| |||||||
| 1 | Article V of the Illinois Public Aid Code in accordance with | ||||||
| 2 | rules promulgated by the Department.
| ||||||
| 3 | The Department shall, in conjunction with the Department of | ||||||
| 4 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
| 5 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
| 6 | Social
Security Act. The purpose of the amendments shall be to | ||||||
| 7 | extend eligibility
for home and community based services under | ||||||
| 8 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
| 9 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
| 10 | income and resources allowed under Section 1924 of
the Social | ||||||
| 11 | Security Act. Subject to the approval of such amendments, the
| ||||||
| 12 | Department shall extend the provisions of Section 5-4 of the | ||||||
| 13 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
| 14 | of home or
community-based services, would require the level of | ||||||
| 15 | care provided in an
institution, as is provided for in federal | ||||||
| 16 | law. Those persons no longer
found to be eligible for receiving | ||||||
| 17 | noninstitutional services due to changes
in the eligibility | ||||||
| 18 | criteria shall be given 45 days notice prior to actual
| ||||||
| 19 | termination. Those persons receiving notice of termination may | ||||||
| 20 | contact the
Department and request the determination be | ||||||
| 21 | appealed at any time during the
45 day notice period. The | ||||||
| 22 | target
population identified for the purposes of this Section | ||||||
| 23 | are persons age 60
and older with an identified service need. | ||||||
| 24 | Priority shall be given to those
who are at imminent risk of | ||||||
| 25 | institutionalization. The services shall be
provided to | ||||||
| 26 | eligible persons age 60 and older to the extent that the cost
| ||||||
| |||||||
| |||||||
| 1 | of the services together with the other personal maintenance
| ||||||
| 2 | expenses of the persons are reasonably related to the standards
| ||||||
| 3 | established for care in a group facility appropriate to the | ||||||
| 4 | person's
condition. These non-institutional services, pilot | ||||||
| 5 | projects or
experimental facilities may be provided as part of | ||||||
| 6 | or in addition to
those authorized by federal law or those | ||||||
| 7 | funded and administered by the
Department of Human Services. | ||||||
| 8 | The Departments of Human Services, Healthcare and Family | ||||||
| 9 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
| 10 | Economic Opportunity and
other appropriate agencies of State, | ||||||
| 11 | federal and local governments shall
cooperate with the | ||||||
| 12 | Department on Aging in the establishment and development
of the | ||||||
| 13 | non-institutional services. The Department shall require an | ||||||
| 14 | annual
audit from all personal assistant
and home care aide | ||||||
| 15 | vendors contracting with
the Department under this Section. The | ||||||
| 16 | annual audit shall assure that each
audited vendor's procedures | ||||||
| 17 | are in compliance with Department's financial
reporting | ||||||
| 18 | guidelines requiring an administrative and employee wage and | ||||||
| 19 | benefits cost split as defined in administrative rules. The | ||||||
| 20 | audit is a public record under
the Freedom of Information Act. | ||||||
| 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
of Healthcare | ||||||
| 24 | and Family Services, to effect the following: (1) intake | ||||||
| 25 | procedures and common
eligibility criteria for those persons | ||||||
| 26 | who are receiving non-institutional
services; and (2) the | ||||||
| |||||||
| |||||||
| 1 | establishment and development of non-institutional
services in | ||||||
| 2 | areas of the State where they are not currently available or | ||||||
| 3 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
| 4 | prescreenings for
individuals 60 years of age or older shall be | ||||||
| 5 | conducted by the Department.
| ||||||
| 6 | As part of the Department on Aging's routine training of | ||||||
| 7 | case managers and case manager supervisors, the Department may | ||||||
| 8 | include information on family futures planning for persons who | ||||||
| 9 | are age 60 or older and who are caregivers of their adult | ||||||
| 10 | children with developmental disabilities. The content of the | ||||||
| 11 | training shall be at the Department's discretion. | ||||||
| 12 | The Department is authorized to establish a system of | ||||||
| 13 | recipient copayment
for services provided under this Section, | ||||||
| 14 | such copayment to be based upon
the recipient's ability to pay | ||||||
| 15 | but in no case to exceed the actual cost of
the services | ||||||
| 16 | provided. Additionally, any portion of a person's income which
| ||||||
| 17 | is equal to or less than the federal poverty standard shall not | ||||||
| 18 | be
considered by the Department in determining the copayment. | ||||||
| 19 | The level of
such copayment shall be adjusted whenever | ||||||
| 20 | necessary to reflect any change
in the officially designated | ||||||
| 21 | federal poverty standard.
| ||||||
| 22 | The Department, or the Department's authorized | ||||||
| 23 | representative, may
recover the amount of moneys expended for | ||||||
| 24 | services provided to or in
behalf of a person under this | ||||||
| 25 | Section by a claim against the person's
estate or against the | ||||||
| 26 | estate of the person's surviving spouse, but no
recovery may be | ||||||
| |||||||
| |||||||
| 1 | had until after the death of the surviving spouse, if
any, and | ||||||
| 2 | then only at such time when there is no surviving child who
is | ||||||
| 3 | under age 21 or , blind or who has a permanent and total | ||||||
| 4 | disability , or permanently and totally disabled. This
| ||||||
| 5 | paragraph, however, shall not bar recovery, at the death of the | ||||||
| 6 | person, of
moneys for services provided to the person or in | ||||||
| 7 | behalf of the person under
this Section to which the person was | ||||||
| 8 | not entitled;
provided that such recovery shall not be enforced | ||||||
| 9 | against any real estate while
it is occupied as a homestead by | ||||||
| 10 | the surviving spouse or other dependent, if no
claims by other | ||||||
| 11 | creditors have been filed against the estate, or, if such
| ||||||
| 12 | claims have been filed, they remain dormant for failure of | ||||||
| 13 | prosecution or
failure of the claimant to compel administration | ||||||
| 14 | of the estate for the purpose
of payment. This paragraph shall | ||||||
| 15 | not bar recovery from the estate of a spouse,
under Sections | ||||||
| 16 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
| 17 | Illinois Public Aid Code, who precedes a person receiving | ||||||
| 18 | services under this
Section in death. All moneys for services
| ||||||
| 19 | paid to or in behalf of the person under this Section shall be | ||||||
| 20 | claimed for
recovery from the deceased spouse's estate. | ||||||
| 21 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
| 22 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
| 23 | or relative, as defined by the rules and regulations of the | ||||||
| 24 | Department of Healthcare and Family Services, regardless of the | ||||||
| 25 | value of the property.
| ||||||
| 26 | The Department shall increase the effectiveness of the | ||||||
| |||||||
| |||||||
| 1 | existing Community Care Program by: | ||||||
| 2 | (1) ensuring that in-home services included in the care | ||||||
| 3 | plan are available on evenings and weekends; | ||||||
| 4 | (2) ensuring that care plans contain the services that | ||||||
| 5 | eligible participants
need based on the number of days in a | ||||||
| 6 | month, not limited to specific blocks of time, as | ||||||
| 7 | identified by the comprehensive assessment tool selected | ||||||
| 8 | by the Department for use statewide, not to exceed the | ||||||
| 9 | total monthly service cost maximum allowed for each | ||||||
| 10 | service; the Department shall develop administrative rules | ||||||
| 11 | to implement this item (2); | ||||||
| 12 | (3) ensuring that the participants have the right to | ||||||
| 13 | choose the services contained in their care plan and to | ||||||
| 14 | direct how those services are provided, based on | ||||||
| 15 | administrative rules established by the Department; | ||||||
| 16 | (4) ensuring that the determination of need tool is | ||||||
| 17 | accurate in determining the participants' level of need; to | ||||||
| 18 | achieve this, the Department, in conjunction with the Older | ||||||
| 19 | Adult Services Advisory Committee, shall institute a study | ||||||
| 20 | of the relationship between the Determination of Need | ||||||
| 21 | scores, level of need, service cost maximums, and the | ||||||
| 22 | development and utilization of service plans no later than | ||||||
| 23 | May 1, 2008; findings and recommendations shall be | ||||||
| 24 | presented to the Governor and the General Assembly no later | ||||||
| 25 | than January 1, 2009; recommendations shall include all | ||||||
| 26 | needed changes to the service cost maximums schedule and | ||||||
| |||||||
| |||||||
| 1 | additional covered services; | ||||||
| 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 of | ||||||
| 15 | clients or recommended by clients; the Department may not, | ||||||
| 16 | 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 services | ||||||
| 2 | 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 service | ||||||
| 12 | authorization guidelines to Care Coordination Units and | ||||||
| 13 | Community Care Program providers no later than May 1, 2013; | ||||||
| 14 | (10) working in conjunction with Care Coordination | ||||||
| 15 | Units, the Department of Healthcare and Family Services, | ||||||
| 16 | the Department of Human Services, Community Care Program | ||||||
| 17 | providers, and other stakeholders to make improvements to | ||||||
| 18 | the Medicaid claiming processes and the Medicaid | ||||||
| 19 | enrollment procedures or requirements as needed, | ||||||
| 20 | including, but not limited to, specific policy changes or | ||||||
| 21 | rules to improve the up-front enrollment of participants in | ||||||
| 22 | the Medicaid program and specific policy changes or rules | ||||||
| 23 | to insure more prompt submission of bills to the federal | ||||||
| 24 | government to secure maximum federal matching dollars as | ||||||
| 25 | promptly as possible; the Department on Aging shall have at | ||||||
| 26 | least 3 meetings with stakeholders by January 1, 2014 in | ||||||
| |||||||
| |||||||
| 1 | order to address these improvements; | ||||||
| 2 | (11) requiring home care service providers to comply | ||||||
| 3 | with the rounding of hours worked provisions under the | ||||||
| 4 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
| 5 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
| 6 | (12) implementing any necessary policy changes or | ||||||
| 7 | promulgating any rules, no later than January 1, 2014, to | ||||||
| 8 | assist the Department of Healthcare and Family Services in | ||||||
| 9 | moving as many participants as possible, consistent with | ||||||
| 10 | federal regulations, into coordinated care plans if a care | ||||||
| 11 | coordination plan that covers long term care is available | ||||||
| 12 | in the recipient's area; and | ||||||
| 13 | (13) maintaining fiscal year 2014 rates at the same | ||||||
| 14 | level established on January 1, 2013. | ||||||
| 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 provisions | ||||||
| 23 | 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 | Beginning on the effective date of this Amendatory Act of | ||||||
| 6 | 1991, no person
may perform chore/housekeeping and home care | ||||||
| 7 | aide services under a program
authorized by this Section unless | ||||||
| 8 | that person has been issued a certificate
of pre-service to do | ||||||
| 9 | so by his or her employing agency. Information
gathered to | ||||||
| 10 | effect such certification shall include (i) the person's name,
| ||||||
| 11 | (ii) the date the person was hired by his or her current | ||||||
| 12 | employer, and
(iii) the training, including dates and levels. | ||||||
| 13 | Persons engaged in the
program authorized by this Section | ||||||
| 14 | before the effective date of this
amendatory Act of 1991 shall | ||||||
| 15 | be issued a certificate of all pre- and
in-service training | ||||||
| 16 | from his or her employer upon submitting the necessary
| ||||||
| 17 | information. The employing agency shall be required to retain | ||||||
| 18 | records of
all staff pre- 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 assistants
| ||||||
| 26 | receive increases in their
wages when the federal minimum wage | ||||||
| |||||||
| |||||||
| 1 | is increased by requiring vendors to
certify that they are | ||||||
| 2 | meeting the federal minimum wage statute for home care aides
| ||||||
| 3 | and personal assistants. An employer that cannot ensure that | ||||||
| 4 | the minimum
wage increase is being given to home care aides and | ||||||
| 5 | personal assistants
shall be denied any increase in | ||||||
| 6 | reimbursement costs.
| ||||||
| 7 | The Community Care Program Advisory Committee is created in | ||||||
| 8 | the Department on Aging. The Director shall appoint individuals | ||||||
| 9 | to serve in the Committee, who shall serve at their own | ||||||
| 10 | expense. Members of the Committee must abide by all applicable | ||||||
| 11 | ethics laws. The Committee shall advise the Department on | ||||||
| 12 | issues related to the Department's program of services to | ||||||
| 13 | prevent unnecessary institutionalization. The Committee shall | ||||||
| 14 | meet on a bi-monthly basis and shall serve to identify and | ||||||
| 15 | advise the Department on present and potential issues affecting | ||||||
| 16 | the service delivery network, the program's clients, and the | ||||||
| 17 | Department and to recommend solution strategies. Persons | ||||||
| 18 | appointed to the Committee shall be appointed on, but not | ||||||
| 19 | limited to, their own and their agency's experience with the | ||||||
| 20 | program, geographic representation, and willingness to serve. | ||||||
| 21 | The Director shall appoint members to the Committee to | ||||||
| 22 | represent provider, advocacy, policy research, and other | ||||||
| 23 | constituencies committed to the delivery of high quality home | ||||||
| 24 | and community-based services to older adults. Representatives | ||||||
| 25 | shall be appointed to ensure representation from community care | ||||||
| 26 | providers including, but not limited to, adult day service | ||||||
| |||||||
| |||||||
| 1 | providers, homemaker providers, case coordination and case | ||||||
| 2 | management units, emergency home response providers, statewide | ||||||
| 3 | trade or labor unions that represent home care
aides and direct | ||||||
| 4 | care staff, area agencies on aging, adults over age 60, | ||||||
| 5 | membership organizations representing older adults, and other | ||||||
| 6 | organizational entities, providers of care, or individuals | ||||||
| 7 | with demonstrated interest and expertise in the field of home | ||||||
| 8 | and community care as determined by the Director. | ||||||
| 9 | Nominations may be presented from any agency or State | ||||||
| 10 | association with interest in the program. The Director, or his | ||||||
| 11 | or her designee, shall serve as the permanent co-chair of the | ||||||
| 12 | advisory committee. One other co-chair shall be nominated and | ||||||
| 13 | approved by the members of the committee on an annual basis. | ||||||
| 14 | Committee members' terms of appointment shall be for 4 years | ||||||
| 15 | with one-quarter of the appointees' terms expiring each year. A | ||||||
| 16 | member shall continue to serve until his or her replacement is | ||||||
| 17 | named. The Department shall fill vacancies that have a | ||||||
| 18 | remaining term of over one year, and this replacement shall | ||||||
| 19 | occur through the annual replacement of expiring terms. The | ||||||
| 20 | Director shall designate Department staff to provide technical | ||||||
| 21 | assistance and staff support to the committee. Department | ||||||
| 22 | representation shall not constitute membership of the | ||||||
| 23 | committee. All Committee papers, issues, recommendations, | ||||||
| 24 | reports, and meeting memoranda are advisory only. The Director, | ||||||
| 25 | or his or her designee, shall make a written report, as | ||||||
| 26 | requested by the Committee, regarding issues before the | ||||||
| |||||||
| |||||||
| 1 | Committee.
| ||||||
| 2 | The Department on Aging and the Department of Human | ||||||
| 3 | Services
shall cooperate in the development and submission of | ||||||
| 4 | an annual report on
programs and services provided under this | ||||||
| 5 | Section. Such joint report
shall be filed with the Governor and | ||||||
| 6 | the General Assembly on or before
September 30 each year.
| ||||||
| 7 | The requirement for reporting to the General Assembly shall | ||||||
| 8 | be satisfied
by filing copies of the report with the Speaker, | ||||||
| 9 | the Minority Leader and
the Clerk of the House of | ||||||
| 10 | Representatives and the President, the Minority
Leader and the | ||||||
| 11 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
| 12 | required by Section 3.1 of the General Assembly Organization | ||||||
| 13 | Act and
filing such additional copies with the State Government | ||||||
| 14 | Report Distribution
Center for the General Assembly as is | ||||||
| 15 | required under paragraph (t) of
Section 7 of the State Library | ||||||
| 16 | Act.
| ||||||
| 17 | Those persons previously found eligible for receiving | ||||||
| 18 | non-institutional
services whose services were discontinued | ||||||
| 19 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
| 20 | not meet the eligibility standards in effect
on or after July | ||||||
| 21 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
| 22 | Those persons previously not required to cost-share and who | ||||||
| 23 | were
required to cost-share effective March 1, 1992, shall | ||||||
| 24 | continue to meet
cost-share requirements on and after July 1, | ||||||
| 25 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
| 26 | meet
eligibility, cost-share, and other requirements and will | ||||||
| |||||||
| |||||||
| 1 | have services
discontinued or altered when they fail to meet | ||||||
| 2 | these requirements. | ||||||
| 3 | For the purposes of this Section, "flexible senior | ||||||
| 4 | services" refers to services that require one-time or periodic | ||||||
| 5 | expenditures including, but not limited to, respite care, home | ||||||
| 6 | modification, assistive technology, housing assistance, and | ||||||
| 7 | transportation.
| ||||||
| 8 | The Department shall implement an electronic service | ||||||
| 9 | verification based on global positioning systems or other | ||||||
| 10 | cost-effective technology for the Community Care Program no | ||||||
| 11 | later than January 1, 2014. | ||||||
| 12 | The Department shall require, as a condition of | ||||||
| 13 | eligibility, enrollment in the medical assistance program | ||||||
| 14 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
| 15 | August 1, 2013, if the Auditor General has reported that the | ||||||
| 16 | Department has failed
to comply with the reporting requirements | ||||||
| 17 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
| 18 | beginning June 1, 2014, if the Auditor General has reported | ||||||
| 19 | that the
Department has not undertaken the required actions | ||||||
| 20 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
| 21 | of the
Illinois State Auditing Act. | ||||||
| 22 | The Department shall delay Community Care Program services | ||||||
| 23 | until an applicant is determined eligible for medical | ||||||
| 24 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
| 25 | beginning August 1, 2013, if the Auditor General has reported | ||||||
| 26 | that the Department has failed
to comply with the reporting | ||||||
| |||||||
| |||||||
| 1 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
| 2 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
| 3 | reported that the
Department has not undertaken the required | ||||||
| 4 | actions listed in
the report required by subsection (a) of | ||||||
| 5 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
| 6 | The Department shall implement co-payments for the | ||||||
| 7 | Community Care Program at the federally allowable maximum level | ||||||
| 8 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
| 9 | reported that the Department has failed
to comply with the | ||||||
| 10 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
| 11 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
| 12 | General has reported that the
Department has not undertaken the | ||||||
| 13 | required actions listed in
the report required by subsection | ||||||
| 14 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
| 15 | The Department shall provide a bi-monthly report on the | ||||||
| 16 | progress of the Community Care Program reforms set forth in | ||||||
| 17 | this amendatory Act of the 98th General Assembly to the | ||||||
| 18 | Governor, the Speaker of the House of Representatives, the | ||||||
| 19 | Minority Leader of the House of Representatives, the
President | ||||||
| 20 | of the
Senate, and the Minority Leader of the Senate. | ||||||
| 21 | The Department shall conduct a quarterly review of Care | ||||||
| 22 | Coordination Unit performance and adherence to service | ||||||
| 23 | guidelines. The quarterly review shall be reported to the | ||||||
| 24 | Speaker of the House of Representatives, the Minority Leader of | ||||||
| 25 | the House of Representatives, the
President of the
Senate, and | ||||||
| 26 | the Minority Leader of the Senate. The Department shall collect | ||||||
| |||||||
| |||||||
| 1 | and report longitudinal data on the performance of each care | ||||||
| 2 | coordination unit. Nothing in this paragraph shall be construed | ||||||
| 3 | to require the Department to identify specific care | ||||||
| 4 | coordination units. | ||||||
| 5 | In regard to community care providers, failure to comply | ||||||
| 6 | with Department on Aging policies shall be cause for | ||||||
| 7 | disciplinary action, including, but not limited to, | ||||||
| 8 | disqualification from serving Community Care Program clients. | ||||||
| 9 | Each provider, upon submission of any bill or invoice to the | ||||||
| 10 | Department for payment for services rendered, shall include a | ||||||
| 11 | notarized statement, under penalty of perjury pursuant to | ||||||
| 12 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
| 13 | has complied with all Department policies. | ||||||
| 14 | The Director of the Department on Aging shall make | ||||||
| 15 | information available to the State Board of Elections as may be | ||||||
| 16 | required by an agreement the State Board of Elections has | ||||||
| 17 | entered into with a multi-state voter registration list | ||||||
| 18 | maintenance system. | ||||||
| 19 | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171, | ||||||
| 20 | eff. 6-1-15.)
| ||||||
| 21 | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
| ||||||
| 22 | Sec. 4.03. The Department on Aging, in cooperation with the | ||||||
| 23 | Department of
Human Services and any other appropriate State, | ||||||
| 24 | local or
federal agency, shall, without regard to income | ||||||
| 25 | guidelines, establish a
nursing home prescreening program to | ||||||
| |||||||
| |||||||
| 1 | determine whether Alzheimer's Disease
and related disorders | ||||||
| 2 | victims, and persons who are deemed as blind or
as a person | ||||||
| 3 | with a disability disabled as defined by the Social Security | ||||||
| 4 | Act and who are in need of long
term care, may be | ||||||
| 5 | satisfactorily cared for in their homes through the use
of home | ||||||
| 6 | and community based services. Responsibility for prescreening | ||||||
| 7 | shall be vested with case coordination units.
Prescreening | ||||||
| 8 | shall occur: (i) when hospital discharge planners have advised | ||||||
| 9 | the case coordination unit of the imminent risk of nursing home | ||||||
| 10 | placement of a patient who meets the above criteria and in | ||||||
| 11 | advance of discharge of the patient; or (ii) when a case | ||||||
| 12 | coordination unit has been advised of the imminent risk of | ||||||
| 13 | nursing home placement of an individual in the community. The | ||||||
| 14 | individual who is prescreened shall be informed of all | ||||||
| 15 | appropriate options, including placement in a nursing home and | ||||||
| 16 | the availability of in-home and community-based services and | ||||||
| 17 | shall be advised of her or his right to refuse nursing home, | ||||||
| 18 | in-home, community-based, or all services. In addition, the | ||||||
| 19 | individual being prescreened shall be informed of spousal | ||||||
| 20 | impoverishment requirements, the need to submit financial | ||||||
| 21 | information to access services, and the consequences for | ||||||
| 22 | failure to do so in a form and manner developed jointly by the | ||||||
| 23 | Department on Aging, the Department of Human Services, and the | ||||||
| 24 | Department of Healthcare and Family Services. Case | ||||||
| 25 | coordination units under
contract with the Department may | ||||||
| 26 | charge a fee for the prescreening provided
under this Section | ||||||
| |||||||
| |||||||
| 1 | and the fee shall be no greater than the cost of such
services | ||||||
| 2 | to the case coordination unit. At the time of each | ||||||
| 3 | prescreening, case coordination units shall provide | ||||||
| 4 | information regarding the Office of State Long Term Care | ||||||
| 5 | Ombudsman's Residents Right to Know database as authorized in | ||||||
| 6 | subsection (c-5) of Section 4.04.
| ||||||
| 7 | (Source: P.A. 98-255, eff. 8-9-13.)
| ||||||
| 8 | (20 ILCS 105/4.15) | ||||||
| 9 | Sec. 4.15. Eligibility determinations. | ||||||
| 10 | (a) The Department is authorized to make eligibility | ||||||
| 11 | determinations for benefits administered by other governmental | ||||||
| 12 | bodies based on the Senior Citizens and Persons with | ||||||
| 13 | Disabilities Disabled Persons Property Tax Relief Act as | ||||||
| 14 | follows: | ||||||
| 15 | (i) for the Secretary of State with respect to reduced | ||||||
| 16 | fees paid by qualified vehicle owners under the Illinois | ||||||
| 17 | Vehicle Code; | ||||||
| 18 | (ii) for special districts that offer free fixed route | ||||||
| 19 | public transportation services for qualified older adults | ||||||
| 20 | under the Local Mass Transit District Act, the Metropolitan | ||||||
| 21 | Transit Authority Act, and the Regional Transportation | ||||||
| 22 | Authority Act; and | ||||||
| 23 | (iii) for special districts that offer transit | ||||||
| 24 | services for qualified individuals with disabilities under | ||||||
| 25 | the Local Mass Transit District Act, the Metropolitan | ||||||
| |||||||
| |||||||
| 1 | Transit Authority Act, and the Regional Transportation | ||||||
| 2 | Authority Act. | ||||||
| 3 | (b) The Department shall establish the manner by which | ||||||
| 4 | claimants shall apply for these benefits. The Department is | ||||||
| 5 | authorized to promulgate rules regarding the following | ||||||
| 6 | matters: the application cycle; the application process; the | ||||||
| 7 | content for an electronic application; required personal | ||||||
| 8 | identification information; acceptable proof of eligibility as | ||||||
| 9 | to age, disability status, marital status, residency, and | ||||||
| 10 | household income limits; household composition; calculating | ||||||
| 11 | income; use of social security numbers; duration of eligibility | ||||||
| 12 | determinations; and any other matters necessary for such | ||||||
| 13 | administrative operations. | ||||||
| 14 | (c) All information received by the Department from an | ||||||
| 15 | application or from any investigation to determine eligibility | ||||||
| 16 | for benefits shall be confidential, except for official | ||||||
| 17 | purposes. | ||||||
| 18 | (d) A person may not under any circumstances charge a fee | ||||||
| 19 | to a claimant for assistance in completing an application form | ||||||
| 20 | for these benefits.
| ||||||
| 21 | (Source: P.A. 98-887, eff. 8-15-14.)
| ||||||
| 22 | Section 110. The Illinois
AgrAbility Act is amended by | ||||||
| 23 | changing Section 15 as follows:
| ||||||
| 24 | (20 ILCS 235/15)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 15. Illinois AgrAbility Program established.
| ||||||
| 2 | (a) Subject to appropriation, the Department, in | ||||||
| 3 | cooperation with the University of Illinois Extension,
shall | ||||||
| 4 | contract with a non-profit disability service provider or other | ||||||
| 5 | entity that assists farmers with disabilities disabled | ||||||
| 6 | farmers, to establish and administer the Illinois AgrAbility | ||||||
| 7 | Program in order to assist
individuals who are engaged in | ||||||
| 8 | farming or an agriculture-related activity and
who have been | ||||||
| 9 | affected by disability.
| ||||||
| 10 | (b) Services provided by the Illinois AgrAbility Program | ||||||
| 11 | shall
include, but are not limited to, the following:
| ||||||
| 12 | (1) A toll-free information and referral hotline.
| ||||||
| 13 | (2) The establishment of networks with local
| ||||||
| 14 | agricultural and rehabilitation professionals.
| ||||||
| 15 | (3) The coordination of community resources.
| ||||||
| 16 | (4) The establishment of networks with local | ||||||
| 17 | agricultural and health care professionals to
help | ||||||
| 18 | identify individuals who may be eligible for assistance and | ||||||
| 19 | to help
identify the best method of providing that | ||||||
| 20 | assistance.
| ||||||
| 21 | (5) The provision of information on and assistance | ||||||
| 22 | regarding equipment
modification.
| ||||||
| 23 | (6) Job restructuring.
| ||||||
| 24 | (7) The provision of information on and assistance | ||||||
| 25 | regarding the development of alternative jobs.
| ||||||
| 26 | In order to provide these services, the Illinois AgrAbility | ||||||
| |||||||
| |||||||
| 1 | Program shall
cooperate and share resources, facilities, and | ||||||
| 2 | employees with AgrAbility
Unlimited, the University of | ||||||
| 3 | Illinois Extension, and the Office of Rehabilitation Services | ||||||
| 4 | of the Department of
Human Services.
| ||||||
| 5 | The costs of the program, including any related | ||||||
| 6 | administrative expenses from the Department, may be paid from | ||||||
| 7 | any funds specifically appropriated or otherwise available to | ||||||
| 8 | the Department for that purpose. The Department may pay the | ||||||
| 9 | costs of the Illinois AgrAbility program by making grants to | ||||||
| 10 | the operating entity, by making grants directly to service | ||||||
| 11 | providers, by paying reimbursements for services provided, or | ||||||
| 12 | in any other appropriate manner. | ||||||
| 13 | (c) The Department has the power to enter into any | ||||||
| 14 | agreements that are necessary and appropriate for the | ||||||
| 15 | establishment, operation, and funding of the Illinois | ||||||
| 16 | AgrAbility Program. The Department may adopt any rules that it | ||||||
| 17 | determines necessary for the establishment, operation, and | ||||||
| 18 | funding of the Illinois AgrAbility Program.
| ||||||
| 19 | (Source: P.A. 94-216, eff. 7-14-05.)
| ||||||
| 20 | Section 115. The Alcoholism and Other Drug Abuse and | ||||||
| 21 | Dependency Act is amended by changing Section 30-5 as follows:
| ||||||
| 22 | (20 ILCS 301/30-5)
| ||||||
| 23 | Sec. 30-5. Patients' rights established.
| ||||||
| 24 | (a) For purposes of this Section, "patient" means any | ||||||
| |||||||
| |||||||
| 1 | person who is
receiving or has received intervention, treatment | ||||||
| 2 | or aftercare services under
this Act.
| ||||||
| 3 | (b) No patient who is receiving or who has received | ||||||
| 4 | intervention, treatment
or aftercare services under this Act | ||||||
| 5 | shall be deprived of any rights, benefits,
or privileges | ||||||
| 6 | guaranteed by law, the Constitution of the United States of
| ||||||
| 7 | America, or the Constitution of the State of Illinois solely | ||||||
| 8 | because of his
status as a patient of a program.
| ||||||
| 9 | (c) Persons who abuse or are dependent on alcohol or other | ||||||
| 10 | drugs who are
also suffering from medical conditions shall not | ||||||
| 11 | be discriminated against in
admission or treatment by any | ||||||
| 12 | hospital which receives support in any form from
any program | ||||||
| 13 | supported in whole or in part by funds appropriated to any | ||||||
| 14 | State
department or agency.
| ||||||
| 15 | (d) Every patient shall have impartial access to services | ||||||
| 16 | without regard to
race, religion, sex, ethnicity, age or | ||||||
| 17 | disability handicap.
| ||||||
| 18 | (e) Patients shall be permitted the free exercise of | ||||||
| 19 | religion.
| ||||||
| 20 | (f) Every patient's personal dignity shall be recognized in | ||||||
| 21 | the provision
of services, and a patient's personal privacy | ||||||
| 22 | shall be assured and protected
within the constraints of his | ||||||
| 23 | individual treatment plan.
| ||||||
| 24 | (g) Treatment services shall be provided in the least | ||||||
| 25 | restrictive
environment possible.
| ||||||
| 26 | (h) Each patient shall be provided an individual treatment | ||||||
| |||||||
| |||||||
| 1 | plan, which
shall be periodically reviewed and updated as | ||||||
| 2 | necessary.
| ||||||
| 3 | (i) Every patient shall be permitted to participate in the | ||||||
| 4 | planning of his
total care and medical treatment to the extent | ||||||
| 5 | that his condition permits.
| ||||||
| 6 | (j) A person shall not be denied treatment solely because | ||||||
| 7 | he has withdrawn
from treatment against medical advice on a | ||||||
| 8 | prior occasion or because he has
relapsed after earlier | ||||||
| 9 | treatment or, when in medical crisis, because of
inability to | ||||||
| 10 | pay.
| ||||||
| 11 | (k) The patient in treatment shall be permitted visits by | ||||||
| 12 | family and
significant others, unless such visits are | ||||||
| 13 | clinically contraindicated.
| ||||||
| 14 | (l) A patient in treatment shall be allowed to conduct | ||||||
| 15 | private telephone
conversations with family and friends unless | ||||||
| 16 | clinically contraindicated.
| ||||||
| 17 | (m) A patient shall be permitted to send and receive mail | ||||||
| 18 | without
hindrance, unless clinically contraindicated.
| ||||||
| 19 | (n) A patient shall be permitted to manage his own | ||||||
| 20 | financial affairs unless
he or his guardian, or if the patient | ||||||
| 21 | is a minor, his parent, authorizes
another competent person to | ||||||
| 22 | do so.
| ||||||
| 23 | (o) A patient shall be permitted to request the opinion of | ||||||
| 24 | a consultant at
his own expense, or to request an in-house | ||||||
| 25 | review of a treatment plan, as
provided in the specific | ||||||
| 26 | procedures of the provider. A treatment provider is
not liable | ||||||
| |||||||
| |||||||
| 1 | for the negligence of any consultant.
| ||||||
| 2 | (p) Unless otherwise prohibited by State or federal law, | ||||||
| 3 | every patient
shall be permitted to obtain from his own | ||||||
| 4 | physician, the treatment provider or
the treatment provider's | ||||||
| 5 | consulting physician complete and current information
| ||||||
| 6 | concerning the nature of care, procedures and treatment which | ||||||
| 7 | he will receive.
| ||||||
| 8 | (q) A patient shall be permitted to refuse to participate | ||||||
| 9 | in any
experimental research or medical procedure without | ||||||
| 10 | compromising his access to
other, non-experimental services. | ||||||
| 11 | Before a patient is placed in an
experimental research or | ||||||
| 12 | medical procedure, the provider must first obtain his
informed | ||||||
| 13 | written consent or otherwise comply with the federal | ||||||
| 14 | requirements
regarding the protection of human subjects | ||||||
| 15 | contained in 45 C.F.R.
Part 46.
| ||||||
| 16 | (r) All medical treatment and procedures shall be | ||||||
| 17 | administered as ordered
by a physician. In order to assure | ||||||
| 18 | compliance by the treatment program with
all physician orders, | ||||||
| 19 | all new physician orders shall be reviewed by the
treatment | ||||||
| 20 | program's staff within a reasonable period of time after such | ||||||
| 21 | orders
have been issued. "Medical treatment and procedures" | ||||||
| 22 | means those services that
can be ordered only by a physician | ||||||
| 23 | licensed to practice medicine in all of its
branches in | ||||||
| 24 | Illinois.
| ||||||
| 25 | (s) Every patient shall be permitted to refuse medical | ||||||
| 26 | treatment and to
know the consequences of such action. Such | ||||||
| |||||||
| |||||||
| 1 | refusal by a patient shall free the
treatment program from the | ||||||
| 2 | obligation to provide the treatment.
| ||||||
| 3 | (t) Unless otherwise prohibited by State or federal law, | ||||||
| 4 | every patient,
patient's guardian, or parent, if the patient is | ||||||
| 5 | a minor, shall be permitted to
inspect and copy all clinical | ||||||
| 6 | and other records kept by the treatment program
or by his | ||||||
| 7 | physician concerning his care and maintenance. The treatment | ||||||
| 8 | program
or physician may charge a reasonable fee for the | ||||||
| 9 | duplication of a record.
| ||||||
| 10 | (u) No owner, licensee, administrator, employee or agent of | ||||||
| 11 | a treatment
program shall abuse or neglect a patient. It is the | ||||||
| 12 | duty of any program
employee or agent who becomes aware of such | ||||||
| 13 | abuse or neglect to report it to
the Department immediately.
| ||||||
| 14 | (v) The administrator of a program may refuse access to the | ||||||
| 15 | program to any
person if the actions of that person while in | ||||||
| 16 | the program are or could be
injurious to the health and safety | ||||||
| 17 | of a patient or the program, or if the
person seeks access to | ||||||
| 18 | the program for commercial purposes.
| ||||||
| 19 | (w) A patient may be discharged from a program after he | ||||||
| 20 | gives the
administrator written notice of his desire to be | ||||||
| 21 | discharged or upon completion
of his prescribed course of | ||||||
| 22 | treatment. No patient shall be discharged or
transferred | ||||||
| 23 | without the preparation of a post-treatment aftercare plan by | ||||||
| 24 | the
program.
| ||||||
| 25 | (x) Patients and their families or legal guardians shall | ||||||
| 26 | have the right to
present complaints concerning the quality of | ||||||
| |||||||
| |||||||
| 1 | care provided to the patient,
without threat of discharge or | ||||||
| 2 | reprisal in any form or manner whatsoever. The
treatment | ||||||
| 3 | provider shall have in place a mechanism for receiving and | ||||||
| 4 | responding
to such complaints, and shall inform the patient and | ||||||
| 5 | his family or legal
guardian of this mechanism and how to use | ||||||
| 6 | it. The provider shall analyze any
complaint received and, when | ||||||
| 7 | indicated, take appropriate corrective action.
Every patient | ||||||
| 8 | and his family member or legal guardian who makes a complaint
| ||||||
| 9 | shall receive a timely response from the provider which | ||||||
| 10 | substantively addresses
the complaint. The provider shall | ||||||
| 11 | inform the patient and his family or legal
guardian about other | ||||||
| 12 | sources of assistance if the provider has not resolved the
| ||||||
| 13 | complaint to the satisfaction of the patient or his family or | ||||||
| 14 | legal guardian.
| ||||||
| 15 | (y) A resident may refuse to perform labor at a program | ||||||
| 16 | unless such labor
is a part of his individual treatment program | ||||||
| 17 | as documented in his clinical
record.
| ||||||
| 18 | (z) A person who is in need of treatment may apply for | ||||||
| 19 | voluntary admission
to a treatment program in the manner and | ||||||
| 20 | with the rights provided for under
regulations promulgated by | ||||||
| 21 | the Department. If a person is refused admission to
a licensed | ||||||
| 22 | treatment program, the staff of the program, subject to rules
| ||||||
| 23 | promulgated by the Department, shall refer the person to | ||||||
| 24 | another treatment or
other appropriate program.
| ||||||
| 25 | (aa) No patient shall be denied services based solely on | ||||||
| 26 | HIV status.
Further, records and information governed by the | ||||||
| |||||||
| |||||||
| 1 | AIDS Confidentiality Act and
the AIDS Confidentiality and | ||||||
| 2 | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | ||||||
| 3 | accordance therewith.
| ||||||
| 4 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
| 5 | treatment of any
patient maintained in connection with the | ||||||
| 6 | performance of any program or
activity relating to alcohol or | ||||||
| 7 | other drug abuse or dependency education, early
intervention, | ||||||
| 8 | intervention, training, treatment or rehabilitation which is
| ||||||
| 9 | regulated, authorized, or directly or indirectly assisted by | ||||||
| 10 | any Department or
agency of this State or under any provision | ||||||
| 11 | of this Act shall be confidential
and may be disclosed only in | ||||||
| 12 | accordance with the provisions of federal law and
regulations | ||||||
| 13 | concerning the confidentiality of alcohol and drug abuse | ||||||
| 14 | patient
records as contained in 42 U.S.C. Sections 290dd-3 and | ||||||
| 15 | 290ee-3 and 42 C.F.R.
Part 2.
| ||||||
| 16 | (1) The following are exempt from the confidentiality | ||||||
| 17 | protections set
forth in 42 C.F.R. Section 2.12(c):
| ||||||
| 18 | (A) Veteran's Administration records.
| ||||||
| 19 | (B) Information obtained by the Armed Forces.
| ||||||
| 20 | (C) Information given to qualified service | ||||||
| 21 | organizations.
| ||||||
| 22 | (D) Communications within a program or between a | ||||||
| 23 | program and an entity
having direct administrative | ||||||
| 24 | control over that program.
| ||||||
| 25 | (E) Information given to law enforcement personnel | ||||||
| 26 | investigating a
patient's commission of a crime on the | ||||||
| |||||||
| |||||||
| 1 | program premises or against program
personnel.
| ||||||
| 2 | (F) Reports under State law of incidents of | ||||||
| 3 | suspected child abuse and
neglect; however, | ||||||
| 4 | confidentiality restrictions continue to
apply to the | ||||||
| 5 | records and any follow-up information for disclosure | ||||||
| 6 | and use in
civil or criminal proceedings arising from | ||||||
| 7 | the report of suspected abuse or
neglect.
| ||||||
| 8 | (2) If the information is not exempt, a disclosure can | ||||||
| 9 | be made only under
the following circumstances:
| ||||||
| 10 | (A) With patient consent as set forth in 42 C.F.R. | ||||||
| 11 | Sections 2.1(b)(1)
and 2.31, and as consistent with | ||||||
| 12 | pertinent State law.
| ||||||
| 13 | (B) For medical emergencies as set forth in 42 | ||||||
| 14 | C.F.R. Sections
2.1(b)(2) and 2.51.
| ||||||
| 15 | (C) For research activities as set forth in 42 | ||||||
| 16 | C.F.R. Sections
2.1(b)(2) and 2.52.
| ||||||
| 17 | (D) For audit evaluation activities as set forth in | ||||||
| 18 | 42 C.F.R. Section
2.53.
| ||||||
| 19 | (E) With a court order as set forth in 42 C.F.R. | ||||||
| 20 | Sections 2.61 through
2.67.
| ||||||
| 21 | (3) The restrictions on disclosure and use of patient | ||||||
| 22 | information apply
whether the holder of the information | ||||||
| 23 | already has it, has other means of
obtaining it, is a law | ||||||
| 24 | enforcement or other official, has obtained a subpoena,
or | ||||||
| 25 | asserts any other justification for a disclosure or use | ||||||
| 26 | which is not
permitted by 42 C.F.R. Part 2. Any court | ||||||
| |||||||
| |||||||
| 1 | orders authorizing disclosure of
patient records under | ||||||
| 2 | this Act must comply with the procedures and criteria set
| ||||||
| 3 | forth in 42 C.F.R. Sections 2.64 and 2.65. Except as | ||||||
| 4 | authorized by a court
order granted under this Section, no | ||||||
| 5 | record referred to in this Section may be
used to initiate | ||||||
| 6 | or substantiate any charges against a patient or to conduct
| ||||||
| 7 | any investigation of a patient.
| ||||||
| 8 | (4) The prohibitions of this subsection shall apply to | ||||||
| 9 | records concerning
any person who has been a patient, | ||||||
| 10 | regardless of whether or when he ceases to
be a patient.
| ||||||
| 11 | (5) Any person who discloses the content of any record | ||||||
| 12 | referred to in this
Section except as authorized shall, | ||||||
| 13 | upon conviction, be guilty of a Class A
misdemeanor.
| ||||||
| 14 | (6) The Department shall prescribe regulations to | ||||||
| 15 | carry out the purposes
of
this subsection. These | ||||||
| 16 | regulations may contain such definitions, and may
provide | ||||||
| 17 | for such safeguards and procedures, including procedures | ||||||
| 18 | and criteria
for the issuance and scope of court orders, as | ||||||
| 19 | in the judgment of the
Department are necessary or proper | ||||||
| 20 | to effectuate the purposes of this Section,
to prevent | ||||||
| 21 | circumvention or evasion thereof, or to facilitate | ||||||
| 22 | compliance
therewith.
| ||||||
| 23 | (cc) Each patient shall be given a written explanation of | ||||||
| 24 | all the rights
enumerated in this Section. If a patient is | ||||||
| 25 | unable to read such written
explanation, it shall be read to | ||||||
| 26 | the patient in a language that the patient
understands. A copy | ||||||
| |||||||
| |||||||
| 1 | of all the rights enumerated in this Section shall be
posted in | ||||||
| 2 | a conspicuous place within the program where it may readily be
| ||||||
| 3 | seen and read by program patients and visitors.
| ||||||
| 4 | (dd) The program shall ensure that its staff is familiar | ||||||
| 5 | with and observes
the rights and responsibilities enumerated in | ||||||
| 6 | this Section.
| ||||||
| 7 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
| 8 | Section 120. The Department of Central Management Services | ||||||
| 9 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
| 10 | changing Section 405-300 as follows:
| ||||||
| 11 | (20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
| ||||||
| 12 | Sec. 405-300. Lease or purchase of facilities; training | ||||||
| 13 | programs.
| ||||||
| 14 | (a) To lease or purchase office and storage space,
| ||||||
| 15 | buildings, land, and other
facilities for all State agencies, | ||||||
| 16 | authorities, boards, commissions,
departments, institutions, | ||||||
| 17 | and bodies politic and all other administrative
units or | ||||||
| 18 | outgrowths of the executive branch of State government except | ||||||
| 19 | the
Constitutional officers, the State Board of Education and | ||||||
| 20 | the State
colleges and universities and their governing bodies. | ||||||
| 21 | However, before
leasing or purchasing any office or storage | ||||||
| 22 | space, buildings, land
or other facilities in any municipality | ||||||
| 23 | the Department shall survey the
existing State-owned and | ||||||
| 24 | State-leased property
to make a determination of need.
| ||||||
| |||||||
| |||||||
| 1 | The leases shall be for
a term not to exceed 5 years, | ||||||
| 2 | except that the leases
may contain a renewal clause subject to | ||||||
| 3 | acceptance by the State after
that date or an option to | ||||||
| 4 | purchase. The purchases shall be made
through
contracts that | ||||||
| 5 | (i) may provide for the title to the property to
transfer
| ||||||
| 6 | immediately to the State or a trustee or nominee for the | ||||||
| 7 | benefit of the
State, (ii) shall provide for the consideration | ||||||
| 8 | to be
paid in installments to
be made at stated intervals | ||||||
| 9 | during a certain term not to exceed 30 years
from the date of | ||||||
| 10 | the contract, and (iii) may provide for the
payment of interest | ||||||
| 11 | on the unpaid balance at a rate that does not exceed
a rate | ||||||
| 12 | determined by adding 3 percentage points to the annual yield on
| ||||||
| 13 | United States Treasury
obligations of comparable maturity as | ||||||
| 14 | most recently published in the Wall
Street Journal at the time | ||||||
| 15 | such contract is signed. The leases and
purchase
contracts | ||||||
| 16 | shall be and shall recite
that they are subject to termination | ||||||
| 17 | and cancellation in any year for which
the General Assembly | ||||||
| 18 | fails to make an appropriation to pay the rent or
purchase | ||||||
| 19 | installments payable
under the terms of the lease or purchase | ||||||
| 20 | contract.
Additionally, the purchase contract shall specify | ||||||
| 21 | that title to
the office
and storage space, buildings, land, | ||||||
| 22 | and other facilities being acquired
under
the contract shall | ||||||
| 23 | revert to the Seller in the event of the
failure
of the General | ||||||
| 24 | Assembly to appropriate suitable funds.
However, this | ||||||
| 25 | limitation on the
term of the leases does not apply to leases | ||||||
| 26 | to and with the
Illinois
Building Authority, as provided for in | ||||||
| |||||||
| |||||||
| 1 | the Building Authority Act. Leases to and with that Authority | ||||||
| 2 | may be
entered into for a term not to exceed 30 years and shall | ||||||
| 3 | be and shall
recite that they are subject to termination and | ||||||
| 4 | cancellation in any year
for which the General Assembly fails | ||||||
| 5 | to make an appropriation to pay the
rent payable under the | ||||||
| 6 | terms of the lease. These limitations do
not
apply if the lease | ||||||
| 7 | or purchase contract contains a provision
limiting the | ||||||
| 8 | liability for
the payment of the rentals or installments | ||||||
| 9 | thereof solely to funds
received from the Federal government.
| ||||||
| 10 | (b) To lease from an airport authority office, aircraft | ||||||
| 11 | hangar, and
service buildings constructed upon a public airport | ||||||
| 12 | under the Airport
Authorities Act for the use and occupancy of | ||||||
| 13 | the State Department of
Transportation. The lease may be | ||||||
| 14 | entered into for a term not
to exceed
30 years.
| ||||||
| 15 | (c) To establish training programs for teaching State | ||||||
| 16 | leasing procedures
and practices to new employees of the | ||||||
| 17 | Department and to keep all employees
of the Department informed | ||||||
| 18 | about current leasing practices and developments
in the real | ||||||
| 19 | estate industry.
| ||||||
| 20 | (d) To enter into an agreement with a municipality or | ||||||
| 21 | county to
construct, remodel, or convert a structure for the | ||||||
| 22 | purposes of its serving
as a correctional institution or | ||||||
| 23 | facility pursuant to paragraph (c) of
Section 3-2-2 of the | ||||||
| 24 | Unified Code of Corrections.
| ||||||
| 25 | (e) To enter into an agreement with a private individual,
| ||||||
| 26 | trust, partnership,
or corporation or a municipality or other | ||||||
| |||||||
| |||||||
| 1 | unit of local government, when
authorized to do so by the | ||||||
| 2 | Department of Corrections,
whereby that individual, trust, | ||||||
| 3 | partnership, or corporation or
municipality or other unit of | ||||||
| 4 | local government will construct, remodel,
or convert a | ||||||
| 5 | structure for the purposes of its serving as a correctional
| ||||||
| 6 | institution or facility and then lease the structure to the
| ||||||
| 7 | Department
for the use of the Department of Corrections. A | ||||||
| 8 | lease entered into pursuant
to the authority granted in this
| ||||||
| 9 | subsection shall be for a
term not to exceed 30 years but may | ||||||
| 10 | grant to the State the
option to purchase the structure | ||||||
| 11 | outright.
| ||||||
| 12 | The leases shall be and shall recite that they are subject | ||||||
| 13 | to
termination and cancellation in any year for which the | ||||||
| 14 | General Assembly
fails to make an appropriation to pay the rent | ||||||
| 15 | payable under the terms of the
lease.
| ||||||
| 16 | (f) On and after September 17, 1983, the powers granted to
| ||||||
| 17 | the Department under this Section shall be exercised | ||||||
| 18 | exclusively by the
Department, and no other State agency may | ||||||
| 19 | concurrently exercise any such
power unless specifically | ||||||
| 20 | authorized otherwise by a later enacted law.
This subsection is | ||||||
| 21 | not intended to impair any contract existing as of
September | ||||||
| 22 | 17, 1983.
| ||||||
| 23 | However, no lease for more than 10,000 square feet of space | ||||||
| 24 | shall be executed
unless the Director, in consultation with the | ||||||
| 25 | Executive Director of the
Capital
Development Board, has | ||||||
| 26 | certified that leasing is in the best interest of
the State, | ||||||
| |||||||
| |||||||
| 1 | considering programmatic requirements, availability of vacant
| ||||||
| 2 | State-owned space, the cost-benefits of purchasing or | ||||||
| 3 | constructing new
space,
and other criteria as he or she shall | ||||||
| 4 | determine. The Director shall not
permit
multiple leases for | ||||||
| 5 | less than 10,000 square feet to be executed in order
to evade | ||||||
| 6 | this provision.
| ||||||
| 7 | (g) To develop and implement, in cooperation with the | ||||||
| 8 | Interagency
Energy Conservation Committee, a system for | ||||||
| 9 | evaluating energy consumption in
facilities leased by the | ||||||
| 10 | Department, and to develop energy consumption
standards for use | ||||||
| 11 | in evaluating prospective lease sites.
| ||||||
| 12 | (h) (1) After June 1, 1998 (the effective date of Public | ||||||
| 13 | Act 90-520), the
Department
shall not
enter into an | ||||||
| 14 | agreement for the installment purchase or lease purchase of
| ||||||
| 15 | buildings,
land, or facilities
unless:
| ||||||
| 16 | (A) the using agency certifies to the Department | ||||||
| 17 | that the agency
reasonably
expects that the building, | ||||||
| 18 | land, or facilities being considered for
purchase will
| ||||||
| 19 | meet a permanent space need;
| ||||||
| 20 | (B) the building or facilities will be | ||||||
| 21 | substantially occupied by State
agencies
after | ||||||
| 22 | purchase (or after acceptance in the case of a build to | ||||||
| 23 | suit);
| ||||||
| 24 | (C) the building or facilities shall be in new or | ||||||
| 25 | like new condition and
have a
remaining economic life | ||||||
| 26 | exceeding the term of the contract;
| ||||||
| |||||||
| |||||||
| 1 | (D) no structural or other major building | ||||||
| 2 | component or system has a
remaining economic life of | ||||||
| 3 | less than 10 years;
| ||||||
| 4 | (E) the building, land, or facilities:
| ||||||
| 5 | (i) is free of any identifiable environmental | ||||||
| 6 | hazard or
| ||||||
| 7 | (ii) is subject to a management plan, provided | ||||||
| 8 | by the seller and
acceptable to the State, to | ||||||
| 9 | address the known environmental
hazard;
| ||||||
| 10 | (F) the building, land, or facilities satisfy | ||||||
| 11 | applicable handicap
accessibility
and applicable | ||||||
| 12 | building codes; and
| ||||||
| 13 | (G) the State's cost to lease purchase or | ||||||
| 14 | installment purchase the
building,
land, or facilities | ||||||
| 15 | is less than the cost to lease space of comparable
| ||||||
| 16 | quality, size, and location over the lease purchase or | ||||||
| 17 | installment purchase
term.
| ||||||
| 18 | (2) The Department shall establish the methodology for | ||||||
| 19 | comparing lease
costs to
the costs of installment or lease | ||||||
| 20 | purchases. The cost comparison shall take
into account all
| ||||||
| 21 | relevant cost factors, including, but not limited to, debt | ||||||
| 22 | service,
operating
and maintenance costs,
insurance and | ||||||
| 23 | risk costs, real estate taxes, reserves for replacement and
| ||||||
| 24 | repairs, security costs,
and utilities. The methodology | ||||||
| 25 | shall also provide:
| ||||||
| 26 | (A) that the comparison will be made using level | ||||||
| |||||||
| |||||||
| 1 | payment plans; and
| ||||||
| 2 | (B) that a purchase price must not exceed the fair | ||||||
| 3 | market value of the
buildings, land, or facilities and | ||||||
| 4 | that the purchase price
must be substantiated by
an | ||||||
| 5 | appraisal or by a competitive selection process.
| ||||||
| 6 | (3) If the Department intends to enter into an | ||||||
| 7 | installment purchase or
lease purchase agreement for | ||||||
| 8 | buildings, land, or facilities under circumstances
that do | ||||||
| 9 | not satisfy the conditions specified by this Section, it | ||||||
| 10 | must issue a
notice to the Secretary of the Senate and the | ||||||
| 11 | Clerk of the House. The notice
shall contain (i) specific | ||||||
| 12 | details of the State's proposed purchase, including
the | ||||||
| 13 | amounts, purposes, and financing terms; (ii) a specific | ||||||
| 14 | description of how
the proposed purchase varies from the | ||||||
| 15 | procedures set forth in this Section; and
(iii) a specific | ||||||
| 16 | justification, signed by the Director, stating why
it is in | ||||||
| 17 | the
State's best interests to proceed with the purchase. | ||||||
| 18 | The Department may not
proceed with such an installment | ||||||
| 19 | purchase or lease purchase agreement if,
within 60 calendar | ||||||
| 20 | days after delivery of the notice, the General Assembly, by
| ||||||
| 21 | joint resolution, disapproves the transaction. Delivery | ||||||
| 22 | may take place on a
day and at an hour when the Senate and | ||||||
| 23 | House are not in session so long as the
offices of | ||||||
| 24 | Secretary and Clerk are open to receive the notice. In | ||||||
| 25 | determining
the 60-day period within which the General | ||||||
| 26 | Assembly must act,
the day on which
delivery is made to the | ||||||
| |||||||
| |||||||
| 1 | Senate and House shall not be counted. If delivery of
the | ||||||
| 2 | notice to the 2 houses occurs on different days, the 60-day
| ||||||
| 3 | period shall begin on the day following the later delivery.
| ||||||
| 4 | (4) On or before February 15 of each year, the | ||||||
| 5 | Department shall submit an
annual report to the Director of | ||||||
| 6 | the
Governor's Office of Management and Budget and the | ||||||
| 7 | General
Assembly regarding installment purchases or lease | ||||||
| 8 | purchases of buildings, land,
or facilities that were | ||||||
| 9 | entered into during the preceding calendar year. The
report | ||||||
| 10 | shall include a summary statement of the aggregate amount | ||||||
| 11 | of the State's
obligations under those purchases; specific | ||||||
| 12 | details pertaining to
each purchase,
including the | ||||||
| 13 | amounts, purposes, and financing terms and payment | ||||||
| 14 | schedule
for each
purchase; and any other matter that the | ||||||
| 15 | Department deems advisable.
| ||||||
| 16 | The requirement for reporting to the General Assembly | ||||||
| 17 | shall be satisfied by
filing copies of the report with the | ||||||
| 18 | Auditor General, the Speaker, the Minority
Leader, and the | ||||||
| 19 | Clerk of the House of Representatives and the President,
| ||||||
| 20 | the
Minority Leader,
and the Secretary of the Senate, the | ||||||
| 21 | Chairs of the Appropriations Committees,
and the | ||||||
| 22 | Legislative Research Unit, as required
by Section 3.1 of | ||||||
| 23 | the General Assembly Organization Act, and filing
| ||||||
| 24 | additional
copies with the State Government Report | ||||||
| 25 | Distribution Center for the General
Assembly as is required | ||||||
| 26 | under paragraph (t) of Section 7 of the State Library
Act.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
| 2 | Section 125. The Federal Surplus Property Act is amended by | ||||||
| 3 | changing Section 2 as follows:
| ||||||
| 4 | (20 ILCS 430/2) (from Ch. 127, par. 176d2)
| ||||||
| 5 | Sec. 2. Authority and Duties of the State Agency for | ||||||
| 6 | Federal Surplus Property.
| ||||||
| 7 | (a) The State Agency for Federal Surplus Property is hereby | ||||||
| 8 | authorized
and empowered (1) to acquire from the United States | ||||||
| 9 | of America under and
in conformance with the provisions of | ||||||
| 10 | paragraph (j) of Section 203 of the
Federal Property and | ||||||
| 11 | Administrative Services Act of 1949, as amended, hereinafter
| ||||||
| 12 | referred to as the "Federal Act", such property, including | ||||||
| 13 | equipment, materials,
books, or other supplies under the | ||||||
| 14 | control of any department or agency of
the United States of | ||||||
| 15 | America as may be useable and necessary for distribution
to any | ||||||
| 16 | public agency for use in carrying out or promoting for the | ||||||
| 17 | residents
of a given political area one or more public | ||||||
| 18 | purposes, such as conservation,
economic development, | ||||||
| 19 | education, parks and recreation, public health, and
public | ||||||
| 20 | safety; or to nonprofit educational or public health | ||||||
| 21 | institutions
or organizations, such as medical institutions, | ||||||
| 22 | hospitals, clinics, health
centers, schools, colleges, | ||||||
| 23 | universities, schools for persons with physical disabilities | ||||||
| 24 | the physically handicapped,
child care centers, radio and | ||||||
| |||||||
| |||||||
| 1 | television stations licensed by the Federal
Communications | ||||||
| 2 | Commission as
educational radio or educational television | ||||||
| 3 | stations, museums attended by
the public, and libraries serving | ||||||
| 4 | free all residents of a community, district,
State, or region, | ||||||
| 5 | which are exempt from taxation under Section 501 of the
| ||||||
| 6 | Internal Revenue Code of 1954, for purposes of education or | ||||||
| 7 | public health,
including research for any such purpose; and for | ||||||
| 8 | such other purposes as
may now or hereafter be authorized by | ||||||
| 9 | Federal law; (2) to warehouse such
property; or if so requested | ||||||
| 10 | by the recipient, to arrange shipment of that
property, when | ||||||
| 11 | acquired, directly to the recipient.
| ||||||
| 12 | (b) The State Agency for Federal Surplus Property is hereby | ||||||
| 13 | authorized
to receive applications from eligible health and | ||||||
| 14 | educational institutions
for the acquisition of Federal | ||||||
| 15 | surplus real property, investigate the same,
obtain expression | ||||||
| 16 | of views respecting such applications from the appropriate
| ||||||
| 17 | health or educational authorities of the State, make | ||||||
| 18 | recommendations regarding
the need of such applicant for the | ||||||
| 19 | property, the merits of its proposed
program of utilization, | ||||||
| 20 | the suitability of the property for such purposes,
and | ||||||
| 21 | otherwise assist in the processing of such applications for | ||||||
| 22 | acquisition
of real and related personal property of the United | ||||||
| 23 | States under paragraph
(k) of Section 203 of the Federal Act.
| ||||||
| 24 | (c) For the purpose of executing its authority under this | ||||||
| 25 | Act, the State
Agency for Federal Surplus Property is | ||||||
| 26 | authorized and empowered to adopt,
amend, or rescind such rules | ||||||
| |||||||
| |||||||
| 1 | and regulations and prescribe such requirements
as may be | ||||||
| 2 | deemed necessary; and take such other action as is deemed | ||||||
| 3 | necessary
and suitable, in the administration of this Act, and | ||||||
| 4 | to provide for the
fair and equitable distribution of property | ||||||
| 5 | within the State based on the
relative needs and resources of | ||||||
| 6 | interested public agencies and other eligible
institutions | ||||||
| 7 | within the State and their abilities to utilize the property.
| ||||||
| 8 | (d) The State Agency for Federal Surplus Property is | ||||||
| 9 | authorized and empowered
to make such certifications, take such | ||||||
| 10 | action, make such expenditures, require
such reports and make | ||||||
| 11 | such investigations as may be required by law or regulation
of | ||||||
| 12 | the United States of America in connection with the disposal of | ||||||
| 13 | real
property and the receipt, warehousing, and distribution of | ||||||
| 14 | personal property
received by the State Agency for Federal | ||||||
| 15 | Surplus Property from the United
States of America and to enter | ||||||
| 16 | into contracts, agreements and undertakings
for and in the name | ||||||
| 17 | of the State (including cooperative agreements with
any Federal | ||||||
| 18 | agencies providing for utilization by and exchange between | ||||||
| 19 | them,
without reimbursement, of the property, facilities, | ||||||
| 20 | personnel and services
of each by the other, and agreements | ||||||
| 21 | with other State Agencies for Federal
Surplus Property and with | ||||||
| 22 | associations or groups of such State Agencies.)
| ||||||
| 23 | (e) The State Agency for Federal Surplus Property is | ||||||
| 24 | authorized and empowered
to act as a clearing house of | ||||||
| 25 | information for the public and private nonprofit
institutions, | ||||||
| 26 | organizations and agencies referred to in subparagraph (3)
of | ||||||
| |||||||
| |||||||
| 1 | Section 2 of this Act and other institutions eligible to | ||||||
| 2 | acquire Federal
surplus real property, to locate both real and | ||||||
| 3 | personal property available
for acquisition from the United | ||||||
| 4 | States of America, to ascertain the terms
and conditions under | ||||||
| 5 | which such property may be obtained, to receive requests
from | ||||||
| 6 | the above mentioned institutions, organizations and agencies | ||||||
| 7 | and to
transmit to them all available information in reference | ||||||
| 8 | to such property,
and to aid and assist such institutions, | ||||||
| 9 | organizations and agencies in every
way possible in the | ||||||
| 10 | consummation of acquisitions or transactions hereunder.
| ||||||
| 11 | (f) The State Agency for Federal Surplus Property, in the | ||||||
| 12 | administration
of this Act, shall cooperate to the fullest | ||||||
| 13 | extent consistent with the provisions
of the Federal Act, with | ||||||
| 14 | the Administrator of the General Services Administration
and | ||||||
| 15 | shall file a State plan of operation, operate in accordance | ||||||
| 16 | therewith,
and take such action as may be necessary to meet the | ||||||
| 17 | minimum standards prescribed
in accordance with the Federal | ||||||
| 18 | Act, and make such reports in such form and
containing such | ||||||
| 19 | information as the United States of America or any of its
| ||||||
| 20 | departments or agencies may from time to time require, and it | ||||||
| 21 | shall comply
with the laws of the United States of America and | ||||||
| 22 | the rules and regulations
of any of the departments or agencies | ||||||
| 23 | of the United States of America governing
the allocation, | ||||||
| 24 | transfer and use of, or account for, property donable or
| ||||||
| 25 | donated to eligible donees in the State.
| ||||||
| 26 | (Source: P.A. 81-1509.)
| ||||||
| |||||||
| |||||||
| 1 | Section 130. The Children and Family Services Act is | ||||||
| 2 | amended by changing Sections 5, 7, 12.1, and 12.2 as follows:
| ||||||
| 3 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
| 4 | Sec. 5. Direct child welfare services; Department of | ||||||
| 5 | Children and Family
Services. To provide direct child welfare | ||||||
| 6 | services when not available
through other public or private | ||||||
| 7 | child care or program facilities.
| ||||||
| 8 | (a) For purposes of this Section:
| ||||||
| 9 | (1) "Children" means persons found within the State who | ||||||
| 10 | are under the
age of 18 years. The term also includes | ||||||
| 11 | persons under age 21 who:
| ||||||
| 12 | (A) were committed to the Department pursuant to | ||||||
| 13 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
| 14 | 1987, as amended, prior to
the age of 18 and who | ||||||
| 15 | continue under the jurisdiction of the court; or
| ||||||
| 16 | (B) were accepted for care, service and training by
| ||||||
| 17 | the Department prior to the age of 18 and whose best | ||||||
| 18 | interest in the
discretion of the Department would be | ||||||
| 19 | served by continuing that care,
service and training | ||||||
| 20 | because of severe emotional disturbances, physical
| ||||||
| 21 | disability, social adjustment or any combination | ||||||
| 22 | thereof, or because of the
need to complete an | ||||||
| 23 | educational or vocational training program.
| ||||||
| 24 | (2) "Homeless youth" means persons found within the
| ||||||
| |||||||
| |||||||
| 1 | State who are under the age of 19, are not in a safe and | ||||||
| 2 | stable living
situation and cannot be reunited with their | ||||||
| 3 | families.
| ||||||
| 4 | (3) "Child welfare services" means public social | ||||||
| 5 | services which are
directed toward the accomplishment of | ||||||
| 6 | the following purposes:
| ||||||
| 7 | (A) protecting and promoting the health, safety | ||||||
| 8 | and welfare of
children,
including homeless, dependent | ||||||
| 9 | or neglected children;
| ||||||
| 10 | (B) remedying, or assisting in the solution
of | ||||||
| 11 | problems which may result in, the neglect, abuse, | ||||||
| 12 | exploitation or
delinquency of children;
| ||||||
| 13 | (C) preventing the unnecessary separation of | ||||||
| 14 | children
from their families by identifying family | ||||||
| 15 | problems, assisting families in
resolving their | ||||||
| 16 | problems, and preventing the breakup of the family
| ||||||
| 17 | where the prevention of child removal is desirable and | ||||||
| 18 | possible when the
child can be cared for at home | ||||||
| 19 | without endangering the child's health and
safety;
| ||||||
| 20 | (D) restoring to their families children who have | ||||||
| 21 | been
removed, by the provision of services to the child | ||||||
| 22 | and the families when the
child can be cared for at | ||||||
| 23 | home without endangering the child's health and
| ||||||
| 24 | safety;
| ||||||
| 25 | (E) placing children in suitable adoptive homes, | ||||||
| 26 | in
cases where restoration to the biological family is | ||||||
| |||||||
| |||||||
| 1 | not safe, possible or
appropriate;
| ||||||
| 2 | (F) assuring safe and adequate care of children | ||||||
| 3 | away from their
homes, in cases where the child cannot | ||||||
| 4 | be returned home or cannot be placed
for adoption. At | ||||||
| 5 | the time of placement, the Department shall consider
| ||||||
| 6 | concurrent planning,
as described in subsection (l-1) | ||||||
| 7 | of this Section so that permanency may
occur at the | ||||||
| 8 | earliest opportunity. Consideration should be given so | ||||||
| 9 | that if
reunification fails or is delayed, the | ||||||
| 10 | placement made is the best available
placement to | ||||||
| 11 | provide permanency for the child;
| ||||||
| 12 | (G) (blank);
| ||||||
| 13 | (H) (blank); and
| ||||||
| 14 | (I) placing and maintaining children in facilities | ||||||
| 15 | that provide
separate living quarters for children | ||||||
| 16 | under the age of 18 and for children
18 years of age | ||||||
| 17 | and older, unless a child 18 years of age is in the | ||||||
| 18 | last
year of high school education or vocational | ||||||
| 19 | training, in an approved
individual or group treatment | ||||||
| 20 | program, in a licensed shelter facility,
or secure | ||||||
| 21 | child care facility.
The Department is not required to | ||||||
| 22 | place or maintain children:
| ||||||
| 23 | (i) who are in a foster home, or
| ||||||
| 24 | (ii) who are persons with a developmental | ||||||
| 25 | disability, as defined in
the Mental
Health and | ||||||
| 26 | Developmental Disabilities Code, or
| ||||||
| |||||||
| |||||||
| 1 | (iii) who are female children who are | ||||||
| 2 | pregnant, pregnant and
parenting or parenting, or
| ||||||
| 3 | (iv) who are siblings, in facilities that | ||||||
| 4 | provide separate living quarters for children 18
| ||||||
| 5 | years of age and older and for children under 18 | ||||||
| 6 | years of age.
| ||||||
| 7 | (b) Nothing in this Section shall be construed to authorize | ||||||
| 8 | the
expenditure of public funds for the purpose of performing | ||||||
| 9 | abortions.
| ||||||
| 10 | (c) The Department shall establish and maintain | ||||||
| 11 | tax-supported child
welfare services and extend and seek to | ||||||
| 12 | improve voluntary services
throughout the State, to the end | ||||||
| 13 | that services and care shall be available
on an equal basis | ||||||
| 14 | throughout the State to children requiring such services.
| ||||||
| 15 | (d) The Director may authorize advance disbursements for | ||||||
| 16 | any new program
initiative to any agency contracting with the | ||||||
| 17 | Department. As a
prerequisite for an advance disbursement, the | ||||||
| 18 | contractor must post a
surety bond in the amount of the advance | ||||||
| 19 | disbursement and have a
purchase of service contract approved | ||||||
| 20 | by the Department. The Department
may pay up to 2 months | ||||||
| 21 | operational expenses in advance. The amount of the
advance | ||||||
| 22 | disbursement shall be prorated over the life of the contract
or | ||||||
| 23 | the remaining months of the fiscal year, whichever is less, and | ||||||
| 24 | the
installment amount shall then be deducted from future | ||||||
| 25 | bills. Advance
disbursement authorizations for new initiatives | ||||||
| 26 | shall not be made to any
agency after that agency has operated | ||||||
| |||||||
| |||||||
| 1 | during 2 consecutive fiscal years.
The requirements of this | ||||||
| 2 | Section concerning advance disbursements shall
not apply with | ||||||
| 3 | respect to the following: payments to local public agencies
for | ||||||
| 4 | child day care services as authorized by Section 5a of this | ||||||
| 5 | Act; and
youth service programs receiving grant funds under | ||||||
| 6 | Section 17a-4.
| ||||||
| 7 | (e) (Blank).
| ||||||
| 8 | (f) (Blank).
| ||||||
| 9 | (g) The Department shall establish rules and regulations | ||||||
| 10 | concerning
its operation of programs designed to meet the goals | ||||||
| 11 | of child safety and
protection,
family preservation, family | ||||||
| 12 | reunification, and adoption, including but not
limited to:
| ||||||
| 13 | (1) adoption;
| ||||||
| 14 | (2) foster care;
| ||||||
| 15 | (3) family counseling;
| ||||||
| 16 | (4) protective services;
| ||||||
| 17 | (5) (blank);
| ||||||
| 18 | (6) homemaker service;
| ||||||
| 19 | (7) return of runaway children;
| ||||||
| 20 | (8) (blank);
| ||||||
| 21 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
| 22 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
| 23 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
| 24 | Assistance and Child Welfare Act of
1980; and
| ||||||
| 25 | (10) interstate services.
| ||||||
| 26 | Rules and regulations established by the Department shall | ||||||
| |||||||
| |||||||
| 1 | include
provisions for training Department staff and the staff | ||||||
| 2 | of Department
grantees, through contracts with other agencies | ||||||
| 3 | or resources, in alcohol
and drug abuse screening techniques | ||||||
| 4 | approved by the Department of Human
Services, as a successor to | ||||||
| 5 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
| 6 | purpose of identifying children and adults who
should be | ||||||
| 7 | referred to an alcohol and drug abuse treatment program for
| ||||||
| 8 | professional evaluation.
| ||||||
| 9 | (h) If the Department finds that there is no appropriate | ||||||
| 10 | program or
facility within or available to the Department for a | ||||||
| 11 | ward and that no
licensed private facility has an adequate and | ||||||
| 12 | appropriate program or none
agrees to accept the ward, the | ||||||
| 13 | Department shall create an appropriate
individualized, | ||||||
| 14 | program-oriented plan for such ward. The
plan may be developed | ||||||
| 15 | within the Department or through purchase of services
by the | ||||||
| 16 | Department to the extent that it is within its statutory | ||||||
| 17 | authority
to do.
| ||||||
| 18 | (i) Service programs shall be available throughout the | ||||||
| 19 | State and shall
include but not be limited to the following | ||||||
| 20 | services:
| ||||||
| 21 | (1) case management;
| ||||||
| 22 | (2) homemakers;
| ||||||
| 23 | (3) counseling;
| ||||||
| 24 | (4) parent education;
| ||||||
| 25 | (5) day care; and
| ||||||
| 26 | (6) emergency assistance and advocacy.
| ||||||
| |||||||
| |||||||
| 1 | In addition, the following services may be made available | ||||||
| 2 | to assess and
meet the needs of children and families:
| ||||||
| 3 | (1) comprehensive family-based services;
| ||||||
| 4 | (2) assessments;
| ||||||
| 5 | (3) respite care; and
| ||||||
| 6 | (4) in-home health services.
| ||||||
| 7 | The Department shall provide transportation for any of the | ||||||
| 8 | services it
makes available to children or families or for | ||||||
| 9 | which it refers children
or families.
| ||||||
| 10 | (j) The Department may provide categories of financial | ||||||
| 11 | assistance and
education assistance grants, and shall
| ||||||
| 12 | establish rules and regulations concerning the assistance and | ||||||
| 13 | grants, to
persons who
adopt children with physical or mental | ||||||
| 14 | disabilities, children who are older, or physically or mentally | ||||||
| 15 | handicapped, older and other hard-to-place
children who (i) | ||||||
| 16 | immediately prior to their adoption were legal wards of
the | ||||||
| 17 | Department
or (ii) were determined eligible for financial | ||||||
| 18 | assistance with respect to a
prior adoption and who become | ||||||
| 19 | available for adoption because the
prior adoption has been | ||||||
| 20 | dissolved and the parental rights of the adoptive
parents have | ||||||
| 21 | been
terminated or because the child's adoptive parents have | ||||||
| 22 | died.
The Department may continue to provide financial | ||||||
| 23 | assistance and education assistance grants for a child who was | ||||||
| 24 | determined eligible for financial assistance under this | ||||||
| 25 | subsection (j) in the interim period beginning when the child's | ||||||
| 26 | adoptive parents died and ending with the finalization of the | ||||||
| |||||||
| |||||||
| 1 | new adoption of the child by another adoptive parent or | ||||||
| 2 | parents. The Department may also provide categories of | ||||||
| 3 | financial
assistance and education assistance grants, and
| ||||||
| 4 | shall establish rules and regulations for the assistance and | ||||||
| 5 | grants, to persons
appointed guardian of the person under | ||||||
| 6 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
| 7 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
| 8 | who were wards of the Department for 12 months immediately
| ||||||
| 9 | prior to the appointment of the guardian.
| ||||||
| 10 | The amount of assistance may vary, depending upon the needs | ||||||
| 11 | of the child
and the adoptive parents,
as set forth in the | ||||||
| 12 | annual
assistance agreement. Special purpose grants are | ||||||
| 13 | allowed where the child
requires special service but such costs | ||||||
| 14 | may not exceed the amounts
which similar services would cost | ||||||
| 15 | the Department if it were to provide or
secure them as guardian | ||||||
| 16 | of the child.
| ||||||
| 17 | Any financial assistance provided under this subsection is
| ||||||
| 18 | inalienable by assignment, sale, execution, attachment, | ||||||
| 19 | garnishment, or any
other remedy for recovery or collection of | ||||||
| 20 | a judgment or debt.
| ||||||
| 21 | (j-5) The Department shall not deny or delay the placement | ||||||
| 22 | of a child for
adoption
if an approved family is available | ||||||
| 23 | either outside of the Department region
handling the case,
or | ||||||
| 24 | outside of the State of Illinois.
| ||||||
| 25 | (k) The Department shall accept for care and training any | ||||||
| 26 | child who has
been adjudicated neglected or abused, or | ||||||
| |||||||
| |||||||
| 1 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
| 2 | the Juvenile Court Act of 1987.
| ||||||
| 3 | (l) The Department shall
offer family preservation | ||||||
| 4 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
| 5 | Child
Reporting Act, to help families, including adoptive and | ||||||
| 6 | extended families.
Family preservation
services shall be | ||||||
| 7 | offered (i) to prevent the
placement
of children in
substitute | ||||||
| 8 | care when the children can be cared for at home or in the | ||||||
| 9 | custody of
the person
responsible for the children's welfare,
| ||||||
| 10 | (ii) to
reunite children with their families, or (iii) to
| ||||||
| 11 | maintain an adoptive placement. Family preservation services | ||||||
| 12 | shall only be
offered when doing so will not endanger the | ||||||
| 13 | children's health or safety. With
respect to children who are | ||||||
| 14 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
| 15 | family preservation services shall not be offered if a goal | ||||||
| 16 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
| 17 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
| 18 | Nothing in this paragraph shall be construed to create a | ||||||
| 19 | private right of
action or claim on the part of any individual | ||||||
| 20 | or child welfare agency, except that when a child is the | ||||||
| 21 | subject of an action under Article II of the Juvenile Court Act | ||||||
| 22 | of 1987 and the child's service plan calls for services to | ||||||
| 23 | facilitate achievement of the permanency goal, the court | ||||||
| 24 | hearing the action under Article II of the Juvenile Court Act | ||||||
| 25 | of 1987 may order the Department to provide the services set | ||||||
| 26 | out in the plan, if those services are not provided with | ||||||
| |||||||
| |||||||
| 1 | reasonable promptness and if those services are available.
| ||||||
| 2 | The Department shall notify the child and his family of the
| ||||||
| 3 | Department's
responsibility to offer and provide family | ||||||
| 4 | preservation services as
identified in the service plan. The | ||||||
| 5 | child and his family shall be eligible
for services as soon as | ||||||
| 6 | the report is determined to be "indicated". The
Department may | ||||||
| 7 | offer services to any child or family with respect to whom a
| ||||||
| 8 | report of suspected child abuse or neglect has been filed, | ||||||
| 9 | prior to
concluding its investigation under Section 7.12 of the | ||||||
| 10 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
| 11 | or family's willingness to
accept services shall not be | ||||||
| 12 | considered in the investigation. The
Department may also | ||||||
| 13 | provide services to any child or family who is the
subject of | ||||||
| 14 | any report of suspected child abuse or neglect or may refer | ||||||
| 15 | such
child or family to services available from other agencies | ||||||
| 16 | in the community,
even if the report is determined to be | ||||||
| 17 | unfounded, if the conditions in the
child's or family's home | ||||||
| 18 | are reasonably likely to subject the child or
family to future | ||||||
| 19 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
| 20 | services shall be voluntary. The Department may also provide | ||||||
| 21 | services to any child or family after completion of a family | ||||||
| 22 | assessment, as an alternative to an investigation, as provided | ||||||
| 23 | under the "differential response program" provided for in | ||||||
| 24 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
| 25 | Child Reporting Act.
| ||||||
| 26 | The Department may, at its discretion except for those | ||||||
| |||||||
| |||||||
| 1 | children also
adjudicated neglected or dependent, accept for | ||||||
| 2 | care and training any child
who has been adjudicated addicted, | ||||||
| 3 | as a truant minor in need of
supervision or as a minor | ||||||
| 4 | requiring authoritative intervention, under the
Juvenile Court | ||||||
| 5 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
| 6 | be committed to the Department by any court without the | ||||||
| 7 | approval of
the Department. On and after the effective date of | ||||||
| 8 | this amendatory Act of the 98th General Assembly and before | ||||||
| 9 | January 1, 2017, a minor charged with a criminal offense under | ||||||
| 10 | the Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 11 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 12 | committed to the Department by any court, except (i) a minor | ||||||
| 13 | less than 16 years
of age committed to the Department under | ||||||
| 14 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
| 15 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| 16 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 17 | minor for whom the court has granted a supplemental petition to | ||||||
| 18 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 19 | of the Juvenile Court Act of 1987. On and after January 1, | ||||||
| 20 | 2017, a minor charged with a criminal offense under the | ||||||
| 21 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 22 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 23 | committed to the Department by any court, except (i) a minor | ||||||
| 24 | less than 15 years
of age committed to the Department under | ||||||
| 25 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
| 26 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| |||||||
| |||||||
| 1 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 2 | minor for whom the court has granted a supplemental petition to | ||||||
| 3 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 4 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
| 5 | when the allegations or adjudication of abuse, neglect, or | ||||||
| 6 | dependency do not arise from the same facts, incident, or | ||||||
| 7 | circumstances which give rise to a charge or adjudication of | ||||||
| 8 | delinquency.
| ||||||
| 9 | As soon as is possible after August 7, 2009 (the effective | ||||||
| 10 | date of Public Act 96-134), the Department shall develop and | ||||||
| 11 | implement a special program of family preservation services to | ||||||
| 12 | support intact, foster, and adoptive families who are | ||||||
| 13 | experiencing extreme hardships due to the difficulty and stress | ||||||
| 14 | of caring for a child who has been diagnosed with a pervasive | ||||||
| 15 | developmental disorder if the Department determines that those | ||||||
| 16 | services are necessary to ensure the health and safety of the | ||||||
| 17 | child. The Department may offer services to any family whether | ||||||
| 18 | or not a report has been filed under the Abused and Neglected | ||||||
| 19 | Child Reporting Act. The Department may refer the child or | ||||||
| 20 | family to services available from other agencies in the | ||||||
| 21 | community if the conditions in the child's or family's home are | ||||||
| 22 | reasonably likely to subject the child or family to future | ||||||
| 23 | reports of suspected child abuse or neglect. Acceptance of | ||||||
| 24 | these services shall be voluntary. The Department shall develop | ||||||
| 25 | and implement a public information campaign to alert health and | ||||||
| 26 | social service providers and the general public about these | ||||||
| |||||||
| |||||||
| 1 | special family preservation services. The nature and scope of | ||||||
| 2 | the services offered and the number of families served under | ||||||
| 3 | the special program implemented under this paragraph shall be | ||||||
| 4 | determined by the level of funding that the Department annually | ||||||
| 5 | allocates for this purpose. The term "pervasive developmental | ||||||
| 6 | disorder" under this paragraph means a neurological condition, | ||||||
| 7 | including but not limited to, Asperger's Syndrome and autism, | ||||||
| 8 | as defined in the most recent edition of the Diagnostic and | ||||||
| 9 | Statistical Manual of Mental Disorders of the American | ||||||
| 10 | Psychiatric Association. | ||||||
| 11 | (l-1) The legislature recognizes that the best interests of | ||||||
| 12 | the child
require that
the child be placed in the most | ||||||
| 13 | permanent living arrangement as soon as is
practically
| ||||||
| 14 | possible. To achieve this goal, the legislature directs the | ||||||
| 15 | Department of
Children and
Family Services to conduct | ||||||
| 16 | concurrent planning so that permanency may occur at
the
| ||||||
| 17 | earliest opportunity. Permanent living arrangements may | ||||||
| 18 | include prevention of
placement of a child outside the home of | ||||||
| 19 | the family when the child can be cared
for at
home without | ||||||
| 20 | endangering the child's health or safety; reunification with | ||||||
| 21 | the
family,
when safe and appropriate, if temporary placement | ||||||
| 22 | is necessary; or movement of
the child
toward the most | ||||||
| 23 | permanent living arrangement and permanent legal status.
| ||||||
| 24 | When determining reasonable efforts to be made with respect | ||||||
| 25 | to a child, as
described in this
subsection, and in making such | ||||||
| 26 | reasonable efforts, the child's health and
safety shall be the
| ||||||
| |||||||
| |||||||
| 1 | paramount concern.
| ||||||
| 2 | When a child is placed in foster care, the Department shall | ||||||
| 3 | ensure and
document that reasonable efforts were made to | ||||||
| 4 | prevent or eliminate the need to
remove the child from the | ||||||
| 5 | child's home. The Department must make
reasonable efforts to | ||||||
| 6 | reunify the family when temporary placement of the child
occurs
| ||||||
| 7 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
| 8 | of 1987.
At any time after the dispositional hearing where the | ||||||
| 9 | Department believes
that further reunification services would | ||||||
| 10 | be ineffective, it may request a
finding from the court that | ||||||
| 11 | reasonable efforts are no longer appropriate. The
Department is | ||||||
| 12 | not required to provide further reunification services after | ||||||
| 13 | such
a
finding.
| ||||||
| 14 | A decision to place a child in substitute care shall be | ||||||
| 15 | made with
considerations of the child's health, safety, and | ||||||
| 16 | best interests. At the
time of placement, consideration should | ||||||
| 17 | also be given so that if reunification
fails or is delayed, the | ||||||
| 18 | placement made is the best available placement to
provide | ||||||
| 19 | permanency for the child.
| ||||||
| 20 | The Department shall adopt rules addressing concurrent | ||||||
| 21 | planning for
reunification and permanency. The Department | ||||||
| 22 | shall consider the following
factors when determining | ||||||
| 23 | appropriateness of concurrent planning:
| ||||||
| 24 | (1) the likelihood of prompt reunification;
| ||||||
| 25 | (2) the past history of the family;
| ||||||
| 26 | (3) the barriers to reunification being addressed by | ||||||
| |||||||
| |||||||
| 1 | the family;
| ||||||
| 2 | (4) the level of cooperation of the family;
| ||||||
| 3 | (5) the foster parents' willingness to work with the | ||||||
| 4 | family to reunite;
| ||||||
| 5 | (6) the willingness and ability of the foster family to | ||||||
| 6 | provide an
adoptive
home or long-term placement;
| ||||||
| 7 | (7) the age of the child;
| ||||||
| 8 | (8) placement of siblings.
| ||||||
| 9 | (m) The Department may assume temporary custody of any | ||||||
| 10 | child if:
| ||||||
| 11 | (1) it has received a written consent to such temporary | ||||||
| 12 | custody
signed by the parents of the child or by the parent | ||||||
| 13 | having custody of the
child if the parents are not living | ||||||
| 14 | together or by the guardian or
custodian of the child if | ||||||
| 15 | the child is not in the custody of either
parent, or
| ||||||
| 16 | (2) the child is found in the State and neither a | ||||||
| 17 | parent,
guardian nor custodian of the child can be located.
| ||||||
| 18 | If the child is found in his or her residence without a parent, | ||||||
| 19 | guardian,
custodian or responsible caretaker, the Department | ||||||
| 20 | may, instead of removing
the child and assuming temporary | ||||||
| 21 | custody, place an authorized
representative of the Department | ||||||
| 22 | in that residence until such time as a
parent, guardian or | ||||||
| 23 | custodian enters the home and expresses a willingness
and | ||||||
| 24 | apparent ability to ensure the child's health and safety and | ||||||
| 25 | resume
permanent
charge of the child, or until a
relative | ||||||
| 26 | enters the home and is willing and able to ensure the child's | ||||||
| |||||||
| |||||||
| 1 | health
and
safety and assume charge of the
child until a | ||||||
| 2 | parent, guardian or custodian enters the home and expresses
| ||||||
| 3 | such willingness and ability to ensure the child's safety and | ||||||
| 4 | resume
permanent charge. After a caretaker has remained in the | ||||||
| 5 | home for a period not
to exceed 12 hours, the Department must | ||||||
| 6 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
| 7 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
| 8 | The Department shall have the authority, responsibilities | ||||||
| 9 | and duties that
a legal custodian of the child would have | ||||||
| 10 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
| 11 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
| 12 | pursuant to an investigation under the Abused and
Neglected | ||||||
| 13 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
| 14 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
| 15 | custody, the
Department, during the period of temporary custody | ||||||
| 16 | and before the child
is brought before a judicial officer as | ||||||
| 17 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
| 18 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
| 19 | and duties that a legal custodian of the child
would have under | ||||||
| 20 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
| 21 | 1987.
| ||||||
| 22 | The Department shall ensure that any child taken into | ||||||
| 23 | custody
is scheduled for an appointment for a medical | ||||||
| 24 | examination.
| ||||||
| 25 | A parent, guardian or custodian of a child in the temporary | ||||||
| 26 | custody of the
Department who would have custody of the child | ||||||
| |||||||
| |||||||
| 1 | if he were not in the
temporary custody of the Department may | ||||||
| 2 | deliver to the Department a signed
request that the Department | ||||||
| 3 | surrender the temporary custody of the child.
The Department | ||||||
| 4 | may retain temporary custody of the child for 10 days after
the | ||||||
| 5 | receipt of the request, during which period the Department may | ||||||
| 6 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
| 7 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
| 8 | temporary custody of the
child until the court orders | ||||||
| 9 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
| 10 | the child shall be surrendered to the custody of the
requesting | ||||||
| 11 | parent, guardian or custodian not later than the expiration of
| ||||||
| 12 | the 10 day period, at which time the authority and duties of | ||||||
| 13 | the Department
with respect to the temporary custody of the | ||||||
| 14 | child shall terminate.
| ||||||
| 15 | (m-1) The Department may place children under 18 years of | ||||||
| 16 | age in a secure
child care facility licensed by the Department | ||||||
| 17 | that cares for children who are
in need of secure living | ||||||
| 18 | arrangements for their health, safety, and well-being
after a | ||||||
| 19 | determination is made by the facility director and the Director | ||||||
| 20 | or the
Director's designate prior to admission to the facility | ||||||
| 21 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
| 22 | This subsection (m-1) does not apply
to a child who is subject | ||||||
| 23 | to placement in a correctional facility operated
pursuant to | ||||||
| 24 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
| 25 | child is a ward who was placed under the care of the Department | ||||||
| 26 | before being
subject to placement in a correctional facility | ||||||
| |||||||
| |||||||
| 1 | and a court of competent
jurisdiction has ordered placement of | ||||||
| 2 | the child in a secure care facility.
| ||||||
| 3 | (n) The Department may place children under 18 years of age | ||||||
| 4 | in
licensed child care facilities when in the opinion of the | ||||||
| 5 | Department,
appropriate services aimed at family preservation | ||||||
| 6 | have been unsuccessful and
cannot ensure the child's health and | ||||||
| 7 | safety or are unavailable and such
placement would be for their | ||||||
| 8 | best interest. Payment
for board, clothing, care, training and | ||||||
| 9 | supervision of any child placed in
a licensed child care | ||||||
| 10 | facility may be made by the Department, by the
parents or | ||||||
| 11 | guardians of the estates of those children, or by both the
| ||||||
| 12 | Department and the parents or guardians, except that no | ||||||
| 13 | payments shall be
made by the Department for any child placed | ||||||
| 14 | in a licensed child care
facility for board, clothing, care, | ||||||
| 15 | training and supervision of such a
child that exceed the | ||||||
| 16 | average per capita cost of maintaining and of caring
for a | ||||||
| 17 | child in institutions for dependent or neglected children | ||||||
| 18 | operated by
the Department. However, such restriction on | ||||||
| 19 | payments does not apply in
cases where children require | ||||||
| 20 | specialized care and treatment for problems of
severe emotional | ||||||
| 21 | disturbance, physical disability, social adjustment, or
any | ||||||
| 22 | combination thereof and suitable facilities for the placement | ||||||
| 23 | of such
children are not available at payment rates within the | ||||||
| 24 | limitations set
forth in this Section. All reimbursements for | ||||||
| 25 | services delivered shall be
absolutely inalienable by | ||||||
| 26 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
| |||||||
| |||||||
| 1 | (n-1) The Department shall provide or authorize child | ||||||
| 2 | welfare services, aimed at assisting minors to achieve | ||||||
| 3 | sustainable self-sufficiency as independent adults, for any | ||||||
| 4 | minor eligible for the reinstatement of wardship pursuant to | ||||||
| 5 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
| 6 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
| 7 | provided that the minor consents to such services and has not | ||||||
| 8 | yet attained the age of 21. The Department shall have | ||||||
| 9 | responsibility for the development and delivery of services | ||||||
| 10 | under this Section. An eligible youth may access services under | ||||||
| 11 | this Section through the Department of Children and Family | ||||||
| 12 | Services or by referral from the Department of Human Services. | ||||||
| 13 | Youth participating in services under this Section shall | ||||||
| 14 | cooperate with the assigned case manager in developing an | ||||||
| 15 | agreement identifying the services to be provided and how the | ||||||
| 16 | youth will increase skills to achieve self-sufficiency. A | ||||||
| 17 | homeless shelter is not considered appropriate housing for any | ||||||
| 18 | youth receiving child welfare services under this Section. The | ||||||
| 19 | Department shall continue child welfare services under this | ||||||
| 20 | Section to any eligible minor until the minor becomes 21 years | ||||||
| 21 | of age, no longer consents to participate, or achieves | ||||||
| 22 | self-sufficiency as identified in the minor's service plan. The | ||||||
| 23 | Department of Children and Family Services shall create clear, | ||||||
| 24 | readable notice of the rights of former foster youth to child | ||||||
| 25 | welfare services under this Section and how such services may | ||||||
| 26 | be obtained. The Department of Children and Family Services and | ||||||
| |||||||
| |||||||
| 1 | the Department of Human Services shall disseminate this | ||||||
| 2 | information statewide. The Department shall adopt regulations | ||||||
| 3 | describing services intended to assist minors in achieving | ||||||
| 4 | sustainable self-sufficiency as independent adults. | ||||||
| 5 | (o) The Department shall establish an administrative | ||||||
| 6 | review and appeal
process for children and families who request | ||||||
| 7 | or receive child welfare
services from the Department. Children | ||||||
| 8 | who are wards of the Department and
are placed by private child | ||||||
| 9 | welfare agencies, and foster families with whom
those children | ||||||
| 10 | are placed, shall be afforded the same procedural and appeal
| ||||||
| 11 | rights as children and families in the case of placement by the | ||||||
| 12 | Department,
including the right to an initial review of a | ||||||
| 13 | private agency decision by
that agency. The Department shall | ||||||
| 14 | insure that any private child welfare
agency, which accepts | ||||||
| 15 | wards of the Department for placement, affords those
rights to | ||||||
| 16 | children and foster families. The Department shall accept for
| ||||||
| 17 | administrative review and an appeal hearing a complaint made by | ||||||
| 18 | (i) a child
or foster family concerning a decision following an | ||||||
| 19 | initial review by a
private child welfare agency or (ii) a | ||||||
| 20 | prospective adoptive parent who alleges
a violation of | ||||||
| 21 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
| 22 | concerning a change in the placement of a child shall be | ||||||
| 23 | conducted in an
expedited manner. A court determination that a | ||||||
| 24 | current foster home placement is necessary and appropriate | ||||||
| 25 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
| 26 | constitute a judicial determination on the merits of an | ||||||
| |||||||
| |||||||
| 1 | administrative appeal, filed by a former foster parent, | ||||||
| 2 | involving a change of placement decision.
| ||||||
| 3 | (p) There is hereby created the Department of Children and | ||||||
| 4 | Family
Services Emergency Assistance Fund from which the | ||||||
| 5 | Department may provide
special financial assistance to | ||||||
| 6 | families which are in economic crisis when
such assistance is | ||||||
| 7 | not available through other public or private sources
and the | ||||||
| 8 | assistance is deemed necessary to prevent dissolution of the | ||||||
| 9 | family
unit or to reunite families which have been separated | ||||||
| 10 | due to child abuse and
neglect. The Department shall establish | ||||||
| 11 | administrative rules specifying
the criteria for determining | ||||||
| 12 | eligibility for and the amount and nature of
assistance to be | ||||||
| 13 | provided. The Department may also enter into written
agreements | ||||||
| 14 | with private and public social service agencies to provide
| ||||||
| 15 | emergency financial services to families referred by the | ||||||
| 16 | Department.
Special financial assistance payments shall be | ||||||
| 17 | available to a family no
more than once during each fiscal year | ||||||
| 18 | and the total payments to a
family may not exceed $500 during a | ||||||
| 19 | fiscal year.
| ||||||
| 20 | (q) The Department may receive and use, in their entirety, | ||||||
| 21 | for the
benefit of children any gift, donation or bequest of | ||||||
| 22 | money or other
property which is received on behalf of such | ||||||
| 23 | children, or any financial
benefits to which such children are | ||||||
| 24 | or may become entitled while under
the jurisdiction or care of | ||||||
| 25 | the Department.
| ||||||
| 26 | The Department shall set up and administer no-cost, | ||||||
| |||||||
| |||||||
| 1 | interest-bearing accounts in appropriate financial | ||||||
| 2 | institutions
for children for whom the Department is legally | ||||||
| 3 | responsible and who have been
determined eligible for Veterans' | ||||||
| 4 | Benefits, Social Security benefits,
assistance allotments from | ||||||
| 5 | the armed forces, court ordered payments, parental
voluntary | ||||||
| 6 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
| 7 | payments, Black Lung benefits, or other miscellaneous | ||||||
| 8 | payments. Interest
earned by each account shall be credited to | ||||||
| 9 | the account, unless
disbursed in accordance with this | ||||||
| 10 | subsection.
| ||||||
| 11 | In disbursing funds from children's accounts, the | ||||||
| 12 | Department
shall:
| ||||||
| 13 | (1) Establish standards in accordance with State and | ||||||
| 14 | federal laws for
disbursing money from children's | ||||||
| 15 | accounts. In all
circumstances,
the Department's | ||||||
| 16 | "Guardianship Administrator" or his or her designee must
| ||||||
| 17 | approve disbursements from children's accounts. The | ||||||
| 18 | Department
shall be responsible for keeping complete | ||||||
| 19 | records of all disbursements for each account for any | ||||||
| 20 | purpose.
| ||||||
| 21 | (2) Calculate on a monthly basis the amounts paid from | ||||||
| 22 | State funds for the
child's board and care, medical care | ||||||
| 23 | not covered under Medicaid, and social
services; and | ||||||
| 24 | utilize funds from the child's account, as
covered by | ||||||
| 25 | regulation, to reimburse those costs. Monthly, | ||||||
| 26 | disbursements from
all children's accounts, up to 1/12 of | ||||||
| |||||||
| |||||||
| 1 | $13,000,000, shall be
deposited by the Department into the | ||||||
| 2 | General Revenue Fund and the balance over
1/12 of | ||||||
| 3 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
| 4 | (3) Maintain any balance remaining after reimbursing | ||||||
| 5 | for the child's costs
of care, as specified in item (2). | ||||||
| 6 | The balance shall accumulate in accordance
with relevant | ||||||
| 7 | State and federal laws and shall be disbursed to the child | ||||||
| 8 | or his
or her guardian, or to the issuing agency.
| ||||||
| 9 | (r) The Department shall promulgate regulations | ||||||
| 10 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
| 11 | Department or its agent names and
addresses of all persons who | ||||||
| 12 | have applied for and have been approved for
adoption of a | ||||||
| 13 | hard-to-place or handicapped child or child with a disability | ||||||
| 14 | and the names of such
children who have not been placed for | ||||||
| 15 | adoption. A list of such names and
addresses shall be | ||||||
| 16 | maintained by the Department or its agent, and coded
lists | ||||||
| 17 | which maintain the confidentiality of the person seeking to | ||||||
| 18 | adopt the
child and of the child shall be made available, | ||||||
| 19 | without charge, to every
adoption agency in the State to assist | ||||||
| 20 | the agencies in placing such
children for adoption. The | ||||||
| 21 | Department may delegate to an agent its duty to
maintain and | ||||||
| 22 | make available such lists. The Department shall ensure that
| ||||||
| 23 | such agent maintains the confidentiality of the person seeking | ||||||
| 24 | to adopt the
child and of the child.
| ||||||
| 25 | (s) The Department of Children and Family Services may | ||||||
| 26 | establish and
implement a program to reimburse Department and | ||||||
| |||||||
| |||||||
| 1 | private child welfare
agency foster parents licensed by the | ||||||
| 2 | Department of Children and Family
Services for damages | ||||||
| 3 | sustained by the foster parents as a result of the
malicious or | ||||||
| 4 | negligent acts of foster children, as well as providing third
| ||||||
| 5 | party coverage for such foster parents with regard to actions | ||||||
| 6 | of foster
children to other individuals. Such coverage will be | ||||||
| 7 | secondary to the
foster parent liability insurance policy, if | ||||||
| 8 | applicable. The program shall
be funded through appropriations | ||||||
| 9 | from the General Revenue Fund,
specifically designated for such | ||||||
| 10 | purposes.
| ||||||
| 11 | (t) The Department shall perform home studies and | ||||||
| 12 | investigations and
shall exercise supervision over visitation | ||||||
| 13 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
| 14 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
| 15 | (1) an order entered by an Illinois court specifically
| ||||||
| 16 | directs the Department to perform such services; and
| ||||||
| 17 | (2) the court has ordered one or both of the parties to
| ||||||
| 18 | the proceeding to reimburse the Department for its | ||||||
| 19 | reasonable costs for
providing such services in accordance | ||||||
| 20 | with Department rules, or has
determined that neither party | ||||||
| 21 | is financially able to pay.
| ||||||
| 22 | The Department shall provide written notification to the | ||||||
| 23 | court of the
specific arrangements for supervised visitation | ||||||
| 24 | and projected monthly costs
within 60 days of the court order. | ||||||
| 25 | The Department shall send to the court
information related to | ||||||
| 26 | the costs incurred except in cases where the court
has | ||||||
| |||||||
| |||||||
| 1 | determined the parties are financially unable to pay. The court | ||||||
| 2 | may
order additional periodic reports as appropriate.
| ||||||
| 3 | (u) In addition to other information that must be provided, | ||||||
| 4 | whenever the Department places a child with a prospective | ||||||
| 5 | adoptive parent or parents or in a licensed foster home,
group | ||||||
| 6 | home, child care institution, or in a relative home, the | ||||||
| 7 | Department
shall provide to the prospective adoptive parent or | ||||||
| 8 | parents or other caretaker:
| ||||||
| 9 | (1) available detailed information concerning the | ||||||
| 10 | child's educational
and health history, copies of | ||||||
| 11 | immunization records (including insurance
and medical card | ||||||
| 12 | information), a history of the child's previous | ||||||
| 13 | placements,
if any, and reasons for placement changes | ||||||
| 14 | excluding any information that
identifies or reveals the | ||||||
| 15 | location of any previous caretaker;
| ||||||
| 16 | (2) a copy of the child's portion of the client service | ||||||
| 17 | plan, including
any visitation arrangement, and all | ||||||
| 18 | amendments or revisions to it as
related to the child; and
| ||||||
| 19 | (3) information containing details of the child's | ||||||
| 20 | individualized
educational plan when the child is | ||||||
| 21 | receiving special education services.
| ||||||
| 22 | The caretaker shall be informed of any known social or | ||||||
| 23 | behavioral
information (including, but not limited to, | ||||||
| 24 | criminal background, fire
setting, perpetuation of
sexual | ||||||
| 25 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
| 26 | care
for and safeguard the children to be placed or currently | ||||||
| |||||||
| |||||||
| 1 | in the home. The Department may prepare a written summary of | ||||||
| 2 | the information required by this paragraph, which may be | ||||||
| 3 | provided to the foster or prospective adoptive parent in | ||||||
| 4 | advance of a placement. The foster or prospective adoptive | ||||||
| 5 | parent may review the supporting documents in the child's file | ||||||
| 6 | in the presence of casework staff. In the case of an emergency | ||||||
| 7 | placement, casework staff shall at least provide known | ||||||
| 8 | information verbally, if necessary, and must subsequently | ||||||
| 9 | provide the information in writing as required by this | ||||||
| 10 | subsection.
| ||||||
| 11 | The information described in this subsection shall be | ||||||
| 12 | provided in writing. In the case of emergency placements when | ||||||
| 13 | time does not allow prior review, preparation, and collection | ||||||
| 14 | of written information, the Department shall provide such | ||||||
| 15 | information as it becomes available. Within 10 business days | ||||||
| 16 | after placement, the Department shall obtain from the | ||||||
| 17 | prospective adoptive parent or parents or other caretaker a | ||||||
| 18 | signed verification of receipt of the information provided. | ||||||
| 19 | Within 10 business days after placement, the Department shall | ||||||
| 20 | provide to the child's guardian ad litem a copy of the | ||||||
| 21 | information provided to the prospective adoptive parent or | ||||||
| 22 | parents or other caretaker. The information provided to the | ||||||
| 23 | prospective adoptive parent or parents or other caretaker shall | ||||||
| 24 | be reviewed and approved regarding accuracy at the supervisory | ||||||
| 25 | level.
| ||||||
| 26 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
| |||||||
| |||||||
| 1 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
| 2 | of 1969 shall be eligible to
receive foster care payments from | ||||||
| 3 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
| 4 | were approved pursuant to approved
relative placement rules | ||||||
| 5 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
| 6 | 335 and had submitted an application for licensure as a foster | ||||||
| 7 | family
home may continue to receive foster care payments only | ||||||
| 8 | until the Department
determines that they may be licensed as a | ||||||
| 9 | foster family home or that their
application for licensure is | ||||||
| 10 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
| 11 | (v) The Department shall access criminal history record | ||||||
| 12 | information
as defined in the Illinois Uniform Conviction | ||||||
| 13 | Information Act and information
maintained in the adjudicatory | ||||||
| 14 | and dispositional record system as defined in
Section 2605-355 | ||||||
| 15 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
| 16 | if the Department determines the information is necessary to | ||||||
| 17 | perform its duties
under the Abused and Neglected Child | ||||||
| 18 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
| 19 | Family Services Act. The Department shall provide for
| ||||||
| 20 | interactive computerized communication and processing | ||||||
| 21 | equipment that permits
direct on-line communication with the | ||||||
| 22 | Department of State Police's central
criminal history data | ||||||
| 23 | repository. The Department shall comply with all
certification | ||||||
| 24 | requirements and provide certified operators who have been
| ||||||
| 25 | trained by personnel from the Department of State Police. In | ||||||
| 26 | addition, one
Office of the Inspector General investigator | ||||||
| |||||||
| |||||||
| 1 | shall have training in the use of
the criminal history | ||||||
| 2 | information access system and have
access to the terminal. The | ||||||
| 3 | Department of Children and Family Services and its
employees | ||||||
| 4 | shall abide by rules and regulations established by the | ||||||
| 5 | Department of
State Police relating to the access and | ||||||
| 6 | dissemination of
this information.
| ||||||
| 7 | (v-1) Prior to final approval for placement of a child, the | ||||||
| 8 | Department shall conduct a criminal records background check of | ||||||
| 9 | the prospective foster or adoptive parent, including | ||||||
| 10 | fingerprint-based checks of national crime information | ||||||
| 11 | databases. Final approval for placement shall not be granted if | ||||||
| 12 | the record check reveals a felony conviction for child abuse or | ||||||
| 13 | neglect, for spousal abuse, for a crime against children, or | ||||||
| 14 | for a crime involving violence, including rape, sexual assault, | ||||||
| 15 | or homicide, but not including other physical assault or | ||||||
| 16 | battery, or if there is a felony conviction for physical | ||||||
| 17 | assault, battery, or a drug-related offense committed within | ||||||
| 18 | the past 5 years. | ||||||
| 19 | (v-2) Prior to final approval for placement of a child, the | ||||||
| 20 | Department shall check its child abuse and neglect registry for | ||||||
| 21 | information concerning prospective foster and adoptive | ||||||
| 22 | parents, and any adult living in the home. If any prospective | ||||||
| 23 | foster or adoptive parent or other adult living in the home has | ||||||
| 24 | resided in another state in the preceding 5 years, the | ||||||
| 25 | Department shall request a check of that other state's child | ||||||
| 26 | abuse and neglect registry.
| ||||||
| |||||||
| |||||||
| 1 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
| 2 | of Public Act
89-392), the Department shall prepare and submit | ||||||
| 3 | to the Governor and the
General Assembly, a written plan for | ||||||
| 4 | the development of in-state licensed
secure child care | ||||||
| 5 | facilities that care for children who are in need of secure
| ||||||
| 6 | living
arrangements for their health, safety, and well-being. | ||||||
| 7 | For purposes of this
subsection, secure care facility shall | ||||||
| 8 | mean a facility that is designed and
operated to ensure that | ||||||
| 9 | all entrances and exits from the facility, a building
or a | ||||||
| 10 | distinct part of the building, are under the exclusive control | ||||||
| 11 | of the
staff of the facility, whether or not the child has the | ||||||
| 12 | freedom of movement
within the perimeter of the facility, | ||||||
| 13 | building, or distinct part of the
building. The plan shall | ||||||
| 14 | include descriptions of the types of facilities that
are needed | ||||||
| 15 | in Illinois; the cost of developing these secure care | ||||||
| 16 | facilities;
the estimated number of placements; the potential | ||||||
| 17 | cost savings resulting from
the movement of children currently | ||||||
| 18 | out-of-state who are projected to be
returned to Illinois; the | ||||||
| 19 | necessary geographic distribution of these
facilities in | ||||||
| 20 | Illinois; and a proposed timetable for development of such
| ||||||
| 21 | facilities. | ||||||
| 22 | (x) The Department shall conduct annual credit history | ||||||
| 23 | checks to determine the financial history of children placed | ||||||
| 24 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
| 25 | 1987. The Department shall conduct such credit checks starting | ||||||
| 26 | when a ward turns 12 years old and each year thereafter for the | ||||||
| |||||||
| |||||||
| 1 | duration of the guardianship as terminated pursuant to the | ||||||
| 2 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
| 3 | financial exploitation of the child's personal information has | ||||||
| 4 | occurred. If financial exploitation appears to have taken place | ||||||
| 5 | or is presently ongoing, the Department shall notify the proper | ||||||
| 6 | law enforcement agency, the proper State's Attorney, or the | ||||||
| 7 | Attorney General. | ||||||
| 8 | (y) Beginning on the effective date of this amendatory Act | ||||||
| 9 | of the 96th General Assembly, a child with a disability who | ||||||
| 10 | receives residential and educational services from the | ||||||
| 11 | Department shall be eligible to receive transition services in | ||||||
| 12 | accordance with Article 14 of the School Code from the age of | ||||||
| 13 | 14.5 through age 21, inclusive, notwithstanding the child's | ||||||
| 14 | residential services arrangement. For purposes of this | ||||||
| 15 | subsection, "child with a disability" means a child with a | ||||||
| 16 | disability as defined by the federal Individuals with | ||||||
| 17 | Disabilities Education Improvement Act of 2004. | ||||||
| 18 | (z) The Department shall access criminal history record | ||||||
| 19 | information as defined as "background information" in this | ||||||
| 20 | subsection and criminal history record information as defined | ||||||
| 21 | in the Illinois Uniform Conviction Information Act for each | ||||||
| 22 | Department employee or Department applicant. Each Department | ||||||
| 23 | employee or Department applicant shall submit his or her | ||||||
| 24 | fingerprints to the Department of State Police in the form and | ||||||
| 25 | manner prescribed by the Department of State Police. These | ||||||
| 26 | fingerprints shall be checked against the fingerprint records | ||||||
| |||||||
| |||||||
| 1 | now and hereafter filed in the Department of State Police and | ||||||
| 2 | the Federal Bureau of Investigation criminal history records | ||||||
| 3 | databases. The Department of State Police shall charge a fee | ||||||
| 4 | for conducting the criminal history record check, which shall | ||||||
| 5 | be deposited into the State Police Services Fund and shall not | ||||||
| 6 | exceed the actual cost of the record check. The Department of | ||||||
| 7 | State Police shall furnish, pursuant to positive | ||||||
| 8 | identification, all Illinois conviction information to the | ||||||
| 9 | Department of Children and Family Services. | ||||||
| 10 | For purposes of this subsection: | ||||||
| 11 | "Background information" means all of the following: | ||||||
| 12 | (i) Upon the request of the Department of Children and | ||||||
| 13 | Family Services, conviction information obtained from the | ||||||
| 14 | Department of State Police as a result of a | ||||||
| 15 | fingerprint-based criminal history records check of the | ||||||
| 16 | Illinois criminal history records database and the Federal | ||||||
| 17 | Bureau of Investigation criminal history records database | ||||||
| 18 | concerning a Department employee or Department applicant. | ||||||
| 19 | (ii) Information obtained by the Department of | ||||||
| 20 | Children and Family Services after performing a check of | ||||||
| 21 | the Department of State Police's Sex Offender Database, as | ||||||
| 22 | authorized by Section 120 of the Sex Offender Community | ||||||
| 23 | Notification Law, concerning a Department employee or | ||||||
| 24 | Department applicant. | ||||||
| 25 | (iii) Information obtained by the Department of | ||||||
| 26 | Children and Family Services after performing a check of | ||||||
| |||||||
| |||||||
| 1 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
| 2 | operated and maintained by the Department. | ||||||
| 3 | "Department employee" means a full-time or temporary | ||||||
| 4 | employee coded or certified within the State of Illinois | ||||||
| 5 | Personnel System. | ||||||
| 6 | "Department applicant" means an individual who has | ||||||
| 7 | conditional Department full-time or part-time work, a | ||||||
| 8 | contractor, an individual used to replace or supplement staff, | ||||||
| 9 | an academic intern, a volunteer in Department offices or on | ||||||
| 10 | Department contracts, a work-study student, an individual or | ||||||
| 11 | entity licensed by the Department, or an unlicensed service | ||||||
| 12 | provider who works as a condition of a contract or an agreement | ||||||
| 13 | and whose work may bring the unlicensed service provider into | ||||||
| 14 | contact with Department clients or client records. | ||||||
| 15 | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; | ||||||
| 16 | 98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff. | ||||||
| 17 | 1-1-15.)
| ||||||
| 18 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
| 19 | Sec. 7. Placement of children; considerations.
| ||||||
| 20 | (a) In placing any child under this Act, the Department | ||||||
| 21 | shall place the
child, as far as possible, in the care and | ||||||
| 22 | custody of some individual
holding the same religious belief as | ||||||
| 23 | the parents of the child, or with some
child care facility | ||||||
| 24 | which is operated by persons of like religious faith as
the | ||||||
| 25 | parents of such child.
| ||||||
| |||||||
| |||||||
| 1 | (a-5) In placing a child under this Act, the Department | ||||||
| 2 | shall place the child with the child's
sibling or siblings | ||||||
| 3 | under Section 7.4 of this Act unless the placement is not in | ||||||
| 4 | each child's best
interest, or is otherwise not possible under | ||||||
| 5 | the Department's rules. If the child is not
placed with a | ||||||
| 6 | sibling under the Department's rules, the Department shall | ||||||
| 7 | consider
placements that are likely to develop, preserve, | ||||||
| 8 | nurture, and support sibling relationships, where
doing so is | ||||||
| 9 | in each child's best interest. | ||||||
| 10 | (b) In placing a child under this Act, the Department may | ||||||
| 11 | place a child
with a relative if the Department determines that | ||||||
| 12 | the relative
will be able to adequately provide for the child's | ||||||
| 13 | safety and welfare based on the factors set forth in the | ||||||
| 14 | Department's rules governing relative placements, and that the | ||||||
| 15 | placement is consistent with the child's best interests, taking | ||||||
| 16 | into consideration the factors set out in subsection (4.05) of | ||||||
| 17 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
| 18 | When the Department first assumes custody of a child, in | ||||||
| 19 | placing that child under this Act, the Department shall make | ||||||
| 20 | reasonable efforts to identify and locate a relative who is | ||||||
| 21 | ready, willing, and able to care for the child. At a minimum, | ||||||
| 22 | these efforts shall be renewed each time the child requires a | ||||||
| 23 | placement change and it is appropriate for the child to be | ||||||
| 24 | cared for in a home environment. The Department must document | ||||||
| 25 | its efforts to identify and locate such a relative placement | ||||||
| 26 | and maintain the documentation in the child's case file. | ||||||
| |||||||
| |||||||
| 1 | If the Department determines that a placement with any | ||||||
| 2 | identified relative is not in the child's best interests or | ||||||
| 3 | that the relative does not meet the requirements to be a | ||||||
| 4 | relative caregiver, as set forth in Department rules or by | ||||||
| 5 | statute, the Department must document the basis for that | ||||||
| 6 | decision and maintain the documentation in the child's case | ||||||
| 7 | file.
| ||||||
| 8 | If, pursuant to the Department's rules, any person files an | ||||||
| 9 | administrative appeal of the Department's decision not to place | ||||||
| 10 | a child with a relative, it is the Department's burden to prove | ||||||
| 11 | that the decision is consistent with the child's best | ||||||
| 12 | interests. | ||||||
| 13 | When the Department determines that the child requires | ||||||
| 14 | placement in an environment, other than a home environment, the | ||||||
| 15 | Department shall continue to make reasonable efforts to | ||||||
| 16 | identify and locate relatives to serve as visitation resources | ||||||
| 17 | for the child and potential future placement resources, except | ||||||
| 18 | when the Department determines that those efforts would be | ||||||
| 19 | futile or inconsistent with the child's best interests. | ||||||
| 20 | If the Department determines that efforts to identify and | ||||||
| 21 | locate relatives would be futile or inconsistent with the | ||||||
| 22 | child's best interests, the Department shall document the basis | ||||||
| 23 | of its determination and maintain the documentation in the | ||||||
| 24 | child's case file. | ||||||
| 25 | If the Department determines that an individual or a group | ||||||
| 26 | of relatives are inappropriate to serve as visitation resources | ||||||
| |||||||
| |||||||
| 1 | or possible placement resources, the Department shall document | ||||||
| 2 | the basis of its determination and maintain the documentation | ||||||
| 3 | in the child's case file. | ||||||
| 4 | When the Department determines that an individual or a | ||||||
| 5 | group of relatives are appropriate to serve as visitation | ||||||
| 6 | resources or possible future placement resources, the | ||||||
| 7 | Department shall document the basis of its determination, | ||||||
| 8 | maintain the documentation in the child's case file, create a | ||||||
| 9 | visitation or transition plan, or both, and incorporate the | ||||||
| 10 | visitation or transition plan, or both, into the child's case | ||||||
| 11 | plan. For the purpose of this subsection, any determination as | ||||||
| 12 | to the child's best interests shall include consideration of | ||||||
| 13 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
| 14 | Juvenile Court Act of 1987.
| ||||||
| 15 | The Department may not place a child with a relative, with | ||||||
| 16 | the exception of
certain circumstances which may be waived as | ||||||
| 17 | defined by the Department in
rules, if the results of a check | ||||||
| 18 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
| 19 | a prior criminal conviction of the relative or
any adult member | ||||||
| 20 | of the relative's household for any of the following offenses
| ||||||
| 21 | under the Criminal Code of 1961 or the Criminal Code of 2012:
| ||||||
| 22 | (1) murder;
| ||||||
| 23 | (1.1) solicitation of murder;
| ||||||
| 24 | (1.2) solicitation of murder for hire;
| ||||||
| 25 | (1.3) intentional homicide of an unborn child;
| ||||||
| 26 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
| |||||||
| |||||||
| 1 | (1.5) involuntary manslaughter;
| ||||||
| 2 | (1.6) reckless homicide;
| ||||||
| 3 | (1.7) concealment of a homicidal death;
| ||||||
| 4 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
| 5 | (1.9) reckless homicide of an unborn child;
| ||||||
| 6 | (1.10) drug-induced homicide;
| ||||||
| 7 | (2) a sex offense under Article 11, except offenses | ||||||
| 8 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
| 9 | 11-40, and 11-45;
| ||||||
| 10 | (3) kidnapping;
| ||||||
| 11 | (3.1) aggravated unlawful restraint;
| ||||||
| 12 | (3.2) forcible detention;
| ||||||
| 13 | (3.3) aiding and abetting child abduction;
| ||||||
| 14 | (4) aggravated kidnapping;
| ||||||
| 15 | (5) child abduction;
| ||||||
| 16 | (6) aggravated battery of a child as described in | ||||||
| 17 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
| 18 | (7) criminal sexual assault;
| ||||||
| 19 | (8) aggravated criminal sexual assault;
| ||||||
| 20 | (8.1) predatory criminal sexual assault of a child;
| ||||||
| 21 | (9) criminal sexual abuse;
| ||||||
| 22 | (10) aggravated sexual abuse;
| ||||||
| 23 | (11) heinous battery as described in Section 12-4.1 or | ||||||
| 24 | subdivision (a)(2) of Section 12-3.05;
| ||||||
| 25 | (12) aggravated battery with a firearm as described in | ||||||
| 26 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
| |||||||
| |||||||
| 1 | (e)(4) of Section 12-3.05;
| ||||||
| 2 | (13) tampering with food, drugs, or cosmetics;
| ||||||
| 3 | (14) drug-induced infliction of great bodily harm as | ||||||
| 4 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
| 5 | Section 12-3.05;
| ||||||
| 6 | (15) aggravated stalking;
| ||||||
| 7 | (16) home invasion;
| ||||||
| 8 | (17) vehicular invasion;
| ||||||
| 9 | (18) criminal transmission of HIV;
| ||||||
| 10 | (19) criminal abuse or neglect of an elderly person or | ||||||
| 11 | person with a disability disabled person as described in | ||||||
| 12 | Section 12-21 or subsection (b) of Section 12-4.4a;
| ||||||
| 13 | (20) child abandonment;
| ||||||
| 14 | (21) endangering the life or health of a child;
| ||||||
| 15 | (22) ritual mutilation;
| ||||||
| 16 | (23) ritualized abuse of a child;
| ||||||
| 17 | (24) an offense in any other state the elements of | ||||||
| 18 | which are similar and
bear a substantial relationship to | ||||||
| 19 | any of the foregoing offenses.
| ||||||
| 20 | For the purpose of this subsection, "relative" shall | ||||||
| 21 | include
any person, 21 years of age or over, other than the | ||||||
| 22 | parent, who (i) is
currently related to the child in any of the | ||||||
| 23 | following ways by blood or
adoption: grandparent, sibling, | ||||||
| 24 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
| 25 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
| 26 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
| |||||||
| |||||||
| 1 | step-father, step-mother, or adult
step-brother or | ||||||
| 2 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
| 3 | a person related in any
of the foregoing ways to a sibling of a | ||||||
| 4 | child, even though the person is not
related to the child, when | ||||||
| 5 | the
child and its sibling are placed together with that person. | ||||||
| 6 | For children who have been in the guardianship of the | ||||||
| 7 | Department, have been adopted, and are subsequently returned to | ||||||
| 8 | the temporary custody or guardianship of the Department, a | ||||||
| 9 | "relative" may also include any person who would have qualified | ||||||
| 10 | as a relative under this paragraph prior to the adoption, but | ||||||
| 11 | only if the Department determines, and documents, that it would | ||||||
| 12 | be in the child's best interests to consider this person a | ||||||
| 13 | relative, based upon the factors for determining best interests | ||||||
| 14 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
| 15 | Court Act of 1987. A relative with
whom a child is placed | ||||||
| 16 | pursuant to this subsection may, but is not required to,
apply | ||||||
| 17 | for licensure as a foster family home pursuant to the Child | ||||||
| 18 | Care Act of
1969; provided, however, that as of July 1, 1995, | ||||||
| 19 | foster care payments shall be
made only to licensed foster | ||||||
| 20 | family homes pursuant to the terms of Section 5 of
this Act.
| ||||||
| 21 | Notwithstanding any other provision under this subsection | ||||||
| 22 | to the contrary, a fictive kin with whom a child is placed | ||||||
| 23 | pursuant to this subsection shall apply for licensure as a | ||||||
| 24 | foster family home pursuant to the Child Care Act of 1969 | ||||||
| 25 | within 6 months of the child's placement with the fictive kin. | ||||||
| 26 | The Department shall not remove a child from the home of a | ||||||
| |||||||
| |||||||
| 1 | fictive kin on the basis that the fictive kin fails to apply | ||||||
| 2 | for licensure within 6 months of the child's placement with the | ||||||
| 3 | fictive kin, or fails to meet the standard for licensure. All | ||||||
| 4 | other requirements established under the rules and procedures | ||||||
| 5 | of the Department concerning the placement of a child, for whom | ||||||
| 6 | the Department is legally responsible, with a relative shall | ||||||
| 7 | apply. By June 1, 2015, the Department shall promulgate rules | ||||||
| 8 | establishing criteria and standards for placement, | ||||||
| 9 | identification, and licensure of fictive kin. | ||||||
| 10 | For purposes of this subsection, "fictive kin" means any | ||||||
| 11 | individual, unrelated by birth or marriage, who is shown to | ||||||
| 12 | have close personal or emotional ties with the child or the | ||||||
| 13 | child's family prior to the child's placement with the | ||||||
| 14 | individual. | ||||||
| 15 | The provisions added to this subsection (b) by this | ||||||
| 16 | amendatory Act of the 98th General Assembly shall become | ||||||
| 17 | operative on and after June 1, 2015. | ||||||
| 18 | (c) In placing a child under this Act, the Department shall | ||||||
| 19 | ensure that
the child's health, safety, and best interests are | ||||||
| 20 | met.
In rejecting placement of a child with an identified | ||||||
| 21 | relative, the Department shall ensure that the child's health, | ||||||
| 22 | safety, and best interests are met. In evaluating the best | ||||||
| 23 | interests of the child, the Department shall take into | ||||||
| 24 | consideration the factors set forth in subsection (4.05) of | ||||||
| 25 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
| 26 | The Department shall consider the individual needs of the
| ||||||
| |||||||
| |||||||
| 1 | child and the capacity of the prospective foster or adoptive
| ||||||
| 2 | parents to meet the needs of the child. When a child must be | ||||||
| 3 | placed
outside his or her home and cannot be immediately | ||||||
| 4 | returned to his or her
parents or guardian, a comprehensive, | ||||||
| 5 | individualized assessment shall be
performed of that child at | ||||||
| 6 | which time the needs of the child shall be
determined. Only if | ||||||
| 7 | race, color, or national origin is identified as a
legitimate | ||||||
| 8 | factor in advancing the child's best interests shall it be
| ||||||
| 9 | considered. Race, color, or national origin shall not be | ||||||
| 10 | routinely
considered in making a placement decision. The | ||||||
| 11 | Department shall make
special
efforts for the diligent | ||||||
| 12 | recruitment of potential foster and adoptive families
that | ||||||
| 13 | reflect the ethnic and racial diversity of the children for | ||||||
| 14 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
| 15 | shall include contacting and
working with community | ||||||
| 16 | organizations and religious organizations and may
include | ||||||
| 17 | contracting with those organizations, utilizing local media | ||||||
| 18 | and other
local resources, and conducting outreach activities.
| ||||||
| 19 | (c-1) At the time of placement, the Department shall | ||||||
| 20 | consider concurrent
planning, as described in subsection (l-1) | ||||||
| 21 | of Section 5, so that permanency may
occur at the earliest | ||||||
| 22 | opportunity. Consideration should be given so that if
| ||||||
| 23 | reunification fails or is delayed, the placement made is the | ||||||
| 24 | best available
placement to provide permanency for the child.
| ||||||
| 25 | (d) The Department may accept gifts, grants, offers of | ||||||
| 26 | services, and
other contributions to use in making special | ||||||
| |||||||
| |||||||
| 1 | recruitment efforts.
| ||||||
| 2 | (e) The Department in placing children in adoptive or | ||||||
| 3 | foster care homes
may not, in any policy or practice relating | ||||||
| 4 | to the placement of children for
adoption or foster care, | ||||||
| 5 | discriminate against any child or prospective adoptive
or | ||||||
| 6 | foster parent on the basis of race.
| ||||||
| 7 | (Source: P.A. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13; | ||||||
| 8 | 97-1150, eff. 1-25-13; 98-846, eff. 1-1-15.)
| ||||||
| 9 | (20 ILCS 505/12.1) (from Ch. 23, par. 5012.1)
| ||||||
| 10 | Sec. 12.1.
To cooperate with the State Board of Education
| ||||||
| 11 | and the Department of Human Services in a program to
provide
| ||||||
| 12 | for the placement, supervision and foster care
of children with | ||||||
| 13 | disabilities handicaps who must leave their home community
in | ||||||
| 14 | order to attend schools offering programs in special education.
| ||||||
| 15 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 16 | (20 ILCS 505/12.2) (from Ch. 23, par. 5012.2)
| ||||||
| 17 | Sec. 12.2.
To cooperate with the Department of Human
| ||||||
| 18 | Services in any programs or projects regarding the care and | ||||||
| 19 | education of
handicapped children with disabilities, | ||||||
| 20 | particularly in relation to the institutions under the
| ||||||
| 21 | administration of the Department.
| ||||||
| 22 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 23 | Section 140. The Illinois Enterprise Zone Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 9.2 as follows:
| ||||||
| 2 | (20 ILCS 655/9.2) (from Ch. 67 1/2, par. 615)
| ||||||
| 3 | Sec. 9.2. Exemptions from Regulatory Relaxation. (a) | ||||||
| 4 | Section 9 and
subsection (a) of Section 9.1 do not apply to | ||||||
| 5 | rules and regulations promulgated
pursuant to:
| ||||||
| 6 | (i) the "Environmental Protection Act";
| ||||||
| 7 | (ii) the "Illinois Historic Preservation Act";
| ||||||
| 8 | (iii) the "Illinois Human Rights Act";
| ||||||
| 9 | (iv) any successor acts to any of the foregoing; or
| ||||||
| 10 | (v) any other acts whose purpose is the protection of the | ||||||
| 11 | environment,
the preservation of historic places and | ||||||
| 12 | landmarks, or the protection of
persons against discrimination | ||||||
| 13 | on the basis of race, color, religion, sex,
marital status, | ||||||
| 14 | national origin or physical or mental disability handicap.
| ||||||
| 15 | (b) No exemption, modification or alternative to any agency | ||||||
| 16 | rule or regulation
promulgated under Section 9 or 9.1 shall be | ||||||
| 17 | effective which
| ||||||
| 18 | (i) presents a significant risk to the health or safety of | ||||||
| 19 | persons resident
in or employed within an Enterprise Zone;
| ||||||
| 20 | (ii) would conflict with federal law or regulation such | ||||||
| 21 | that the state,
or any unit of local government or school | ||||||
| 22 | district, or any area of the state
other than Enterprise Zones, | ||||||
| 23 | or any business enterprise located outside of
an Enterprise | ||||||
| 24 | Zone would be
disqualified from a federal program or from | ||||||
| 25 | federal tax or other benefits;
| ||||||
| |||||||
| |||||||
| 1 | (iii) would suspend or modify an agency rule or regulation | ||||||
| 2 | mandated by law; or
| ||||||
| 3 | (iv) would eliminate or reduce benefits to individuals who | ||||||
| 4 | are residents
of or employed within a Zone.
| ||||||
| 5 | (Source: P.A. 82-1019.)
| ||||||
| 6 | Section 145. The Department of Natural Resources | ||||||
| 7 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
| 8 | is amended by changing Section 805-305 as follows:
| ||||||
| 9 | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
| ||||||
| 10 | Sec. 805-305. Campsites and housing facilities. The
| ||||||
| 11 | Department has the power to provide facilities for
overnight | ||||||
| 12 | tent and trailer camp sites and to provide suitable housing
| ||||||
| 13 | facilities for student and juvenile overnight camping groups. | ||||||
| 14 | The Department
of Natural Resources may regulate, by | ||||||
| 15 | administrative
order, the fees to be charged for tent and | ||||||
| 16 | trailer camping units at individual
park areas based upon the | ||||||
| 17 | facilities available. However, for campsites with
access to | ||||||
| 18 | showers or electricity, any Illinois resident who is age 62 or | ||||||
| 19 | older
or has a Class 2 disability as defined in Section 4A of | ||||||
| 20 | the Illinois
Identification Card Act shall be charged only | ||||||
| 21 | one-half of the camping fee
charged to the general public | ||||||
| 22 | during the period Monday through Thursday of any
week and shall | ||||||
| 23 | be charged the same camping fee as the general public on all
| ||||||
| 24 | other days. For campsites without access to showers or | ||||||
| |||||||
| |||||||
| 1 | electricity, no camping
fee authorized by this Section shall be | ||||||
| 2 | charged to any resident of Illinois who
has a Class 2 | ||||||
| 3 | disability as defined in Section 4A of the Illinois
| ||||||
| 4 | Identification Card Act. For campsites without access to | ||||||
| 5 | showers or
electricity, no camping fee authorized by this | ||||||
| 6 | Section shall be charged to any
resident of Illinois who is age | ||||||
| 7 | 62 or older for
the use of a camp site unit during the period | ||||||
| 8 | Monday through Thursday of any
week. No camping fee authorized | ||||||
| 9 | by this Section shall be charged to any
resident of Illinois | ||||||
| 10 | who is a veteran with a disability disabled veteran or a former | ||||||
| 11 | prisoner of
war, as defined in Section 5 of the Department of | ||||||
| 12 | Veterans Affairs Act.
No camping fee authorized by this Section | ||||||
| 13 | shall be charged to any
resident of Illinois after returning | ||||||
| 14 | from service abroad or mobilization by the President of the | ||||||
| 15 | United States as an active duty member of the United States | ||||||
| 16 | Armed Forces, the Illinois National Guard, or the Reserves of | ||||||
| 17 | the United States Armed Forces for the amount of time that the | ||||||
| 18 | active duty member spent in service abroad or mobilized if the | ||||||
| 19 | person (i) applies for a pass at the Department office in | ||||||
| 20 | Springfield within 2 years after returning and provides | ||||||
| 21 | acceptable verification of service or mobilization to the | ||||||
| 22 | Department or (ii) applies for a pass at a Regional Office of | ||||||
| 23 | the Department within 2 years after returning and provides | ||||||
| 24 | acceptable verification of service or mobilization to the | ||||||
| 25 | Department; any portion of a year that the active duty member | ||||||
| 26 | spent in service abroad or mobilized shall count as a full | ||||||
| |||||||
| |||||||
| 1 | year. Nonresidents shall be charged the same fees as are | ||||||
| 2 | authorized for the general
public regardless of age. The | ||||||
| 3 | Department shall provide by regulation for
suitable proof of | ||||||
| 4 | age, or either a valid driver's license or a "Golden Age
| ||||||
| 5 | Passport" issued by the federal government shall be acceptable | ||||||
| 6 | as proof of
age. The Department shall further provide by | ||||||
| 7 | regulation that notice of
these
reduced admission fees be | ||||||
| 8 | posted in a conspicuous place and manner.
| ||||||
| 9 | Reduced fees authorized in this Section shall not apply to | ||||||
| 10 | any charge for
utility service.
| ||||||
| 11 | For the purposes of this Section, "acceptable verification | ||||||
| 12 | of service or mobilization" means official documentation from | ||||||
| 13 | the Department of Defense or the appropriate Major Command | ||||||
| 14 | showing mobilization dates or service abroad dates, including: | ||||||
| 15 | (i) a DD-214, (ii) a letter from the Illinois Department of | ||||||
| 16 | Military Affairs for members of the Illinois National Guard, | ||||||
| 17 | (iii) a letter from the Regional Reserve Command for members of | ||||||
| 18 | the Armed Forces Reserve, (iv) a letter from the Major Command | ||||||
| 19 | covering Illinois for active duty members, (v) personnel | ||||||
| 20 | records for mobilized State employees, and (vi) any other | ||||||
| 21 | documentation that the Department, by administrative rule, | ||||||
| 22 | deems acceptable to establish dates of mobilization or service | ||||||
| 23 | abroad. | ||||||
| 24 | For the purposes of this Section, the term "service abroad" | ||||||
| 25 | means active duty service outside of the 50 United States and | ||||||
| 26 | the District of Columbia, and includes all active duty service | ||||||
| |||||||
| |||||||
| 1 | in territories and possessions of the United States. | ||||||
| 2 | (Source: P.A. 96-1014, eff. 1-1-11.)
| ||||||
| 3 | Section 150. The State Parks Act is amended by changing | ||||||
| 4 | Section 4a as follows:
| ||||||
| 5 | (20 ILCS 835/4a) (from Ch. 105, par. 468.1)
| ||||||
| 6 | Sec. 4a.
It shall be the duty of the Governor and the | ||||||
| 7 | Director of the
Department in charge of the administration of | ||||||
| 8 | this Act to cancel
immediately the lease on any concession when | ||||||
| 9 | the person holding the
concession or an employee thereof | ||||||
| 10 | discriminates on the basis of race, color,
creed, sex, | ||||||
| 11 | religion, physical or mental disability handicap, or national | ||||||
| 12 | origin against any patron thereof.
| ||||||
| 13 | (Source: P.A. 80-344.)
| ||||||
| 14 | Section 155. The Recreational Trails of Illinois Act is | ||||||
| 15 | amended by changing Section 34 as follows:
| ||||||
| 16 | (20 ILCS 862/34) | ||||||
| 17 | Sec. 34. Exception from display of Off-Highway Vehicle | ||||||
| 18 | Usage Stamps. The operator of an off-highway vehicle shall not | ||||||
| 19 | be required to display an Off-Highway Vehicle Usage Stamp if | ||||||
| 20 | the off-highway vehicle is: | ||||||
| 21 | (1) owned and used by the United States, the State of | ||||||
| 22 | Illinois, another state, or a political subdivision | ||||||
| |||||||
| |||||||
| 1 | thereof, but these off-highway vehicles shall prominently | ||||||
| 2 | display the name of the owner on the off-highway vehicle; | ||||||
| 3 | (2) operated on lands where the operator, his or her | ||||||
| 4 | immediate family, or both are the sole owners of the land; | ||||||
| 5 | this exception shall not apply to clubs, associations, or | ||||||
| 6 | lands leased for hunting or recreational purposes; | ||||||
| 7 | (3) used only on local, national, or international | ||||||
| 8 | competition circuits in events for which written | ||||||
| 9 | permission has been obtained by the sponsoring or | ||||||
| 10 | sanctioning body from the governmental unit having | ||||||
| 11 | jurisdiction over the location of any event held in this | ||||||
| 12 | State; | ||||||
| 13 | (4) (blank); | ||||||
| 14 | (5) used on an off-highway vehicle grant assisted site | ||||||
| 15 | and the off-highway vehicle displays a Off-Highway Vehicle | ||||||
| 16 | Access decal;
| ||||||
| 17 | (6) used in conjunction with a bona fide commercial | ||||||
| 18 | business, including, but not limited to, agricultural and | ||||||
| 19 | livestock production; | ||||||
| 20 | (7) a golf cart, regardless of whether the golf cart is | ||||||
| 21 | currently being used for golfing purposes; | ||||||
| 22 | (8) displaying a valid motor vehicle registration | ||||||
| 23 | issued by the Secretary of State or any other state; | ||||||
| 24 | (9) operated by an individual who either possesses an | ||||||
| 25 | Illinois Identification Card issued to the operator by the | ||||||
| 26 | Secretary of State that lists a Class P2 (or P2O or any | ||||||
| |||||||
| |||||||
| 1 | successor classification) or P2A disability or an original | ||||||
| 2 | or photocopy of a valid motor vehicle disability placard | ||||||
| 3 | issued to the operator by the Secretary of State, or is | ||||||
| 4 | assisting a person with a disability who has disabled | ||||||
| 5 | person with a Class P2 (or P2O or any successor | ||||||
| 6 | classification) or P2A disability while using the same | ||||||
| 7 | off-highway vehicle as the individual with a disability | ||||||
| 8 | disabled individual; or | ||||||
| 9 | (10) used only at commercial riding parks. | ||||||
| 10 | For the purposes of this Section, "golf cart" means a | ||||||
| 11 | machine specifically designed for the purposes of transporting | ||||||
| 12 | one or more persons and their golf clubs. | ||||||
| 13 | For the purposes of this Section, "local, national, or | ||||||
| 14 | international competition circuit" means any competition | ||||||
| 15 | circuit sponsored or sanctioned by an international, national, | ||||||
| 16 | or state organization, including, but not limited to, the | ||||||
| 17 | American Motorcyclist Association, or sponsored, sanctioned, | ||||||
| 18 | or both by an affiliate organization of an international, | ||||||
| 19 | national, or state organization which sanctions competitions, | ||||||
| 20 | including trials or practices leading up to or in connection | ||||||
| 21 | with those competitions. | ||||||
| 22 | For the purposes of this Section, "commercial riding parks" | ||||||
| 23 | mean commercial properties used for the recreational operation | ||||||
| 24 | of off-highway vehicles by the paying members of the park or | ||||||
| 25 | paying guests. | ||||||
| 26 | (Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 160. The Department of Employment Security Law of | ||||||
| 2 | the
Civil Administrative Code of Illinois is amended by | ||||||
| 3 | changing Section 1005-155 as follows:
| ||||||
| 4 | (20 ILCS 1005/1005-155)
| ||||||
| 5 | Sec. 1005-155. Illinois Employment and Training Centers | ||||||
| 6 | report. The
Department
of Employment Security, or the State | ||||||
| 7 | agency responsible for the oversight of
the
federal Workforce | ||||||
| 8 | Investment Act of 1998 if that agency is not the Department
of
| ||||||
| 9 | Employment Security, shall prepare a report for the Governor | ||||||
| 10 | and the
General Assembly regarding the progress of the Illinois | ||||||
| 11 | Employment and
Training Centers in serving individuals with | ||||||
| 12 | disabilities. The report must
include,
but is not limited to, | ||||||
| 13 | the following: (i) the number of individuals referred to
the
| ||||||
| 14 | Illinois Employment and Training Centers by the Department of | ||||||
| 15 | Human Services
Office of Rehabilitation Services; (ii) the | ||||||
| 16 | total number of individuals with disabilities disabled
| ||||||
| 17 | individuals
served by the Illinois Employment and Training | ||||||
| 18 | Centers; (iii) the number of
individuals with disabilities | ||||||
| 19 | disabled individuals served in federal Workforce Investment | ||||||
| 20 | Act of 1998
employment and training
programs; (iv) the number | ||||||
| 21 | of individuals with disabilities annually placed in
jobs
by the | ||||||
| 22 | Illinois Employment and Training Centers; and (v) the number of
| ||||||
| 23 | individuals with disabilities referred by the Illinois | ||||||
| 24 | Employment and Training
Centers to the Department of Human | ||||||
| |||||||
| |||||||
| 1 | Services Office of Rehabilitation Services.
The report is due
| ||||||
| 2 | by December 31, 2004 based on the previous State program year
| ||||||
| 3 | of July 1
through June 30,
and is due annually thereafter. | ||||||
| 4 | "Individuals with disabilities" are defined as
those who
| ||||||
| 5 | self-report as being qualified as disabled under the 1973 | ||||||
| 6 | Rehabilitation Act or
the
1990 Americans
with Disabilities Act, | ||||||
| 7 | for the purposes of this Law.
| ||||||
| 8 | (Source: P.A. 93-639, eff. 6-1-04.)
| ||||||
| 9 | Section 165. The Department of Human Services Act is | ||||||
| 10 | amended by changing Sections 1-17 and 10-40 as follows:
| ||||||
| 11 | (20 ILCS 1305/1-17)
| ||||||
| 12 | Sec. 1-17. Inspector General. | ||||||
| 13 | (a) Nature and purpose. It is the express intent of the | ||||||
| 14 | General Assembly to ensure the health, safety, and financial | ||||||
| 15 | condition of individuals receiving services in this State due | ||||||
| 16 | to mental illness, developmental disability, or both by | ||||||
| 17 | protecting those persons from acts of abuse, neglect, or both | ||||||
| 18 | by service providers. To that end, the Office of the Inspector | ||||||
| 19 | General for the Department of Human Services is created to | ||||||
| 20 | investigate and report upon allegations of the abuse, neglect, | ||||||
| 21 | or financial exploitation of individuals receiving services | ||||||
| 22 | within mental health facilities, developmental disabilities | ||||||
| 23 | facilities, and community agencies operated, licensed, funded | ||||||
| 24 | or certified by the Department of Human Services, but not | ||||||
| |||||||
| |||||||
| 1 | licensed or certified by any other State agency. | ||||||
| 2 | (b) Definitions. The following definitions apply to this | ||||||
| 3 | Section: | ||||||
| 4 | "Adult student with a disability" means an adult student, | ||||||
| 5 | age 18 through 21, inclusive, with an Individual Education | ||||||
| 6 | Program, other than a resident of a facility licensed by the | ||||||
| 7 | Department of Children and Family Services in accordance with | ||||||
| 8 | the Child Care Act of 1969. For purposes of this definition, | ||||||
| 9 | "through age 21, inclusive", means through the day before the | ||||||
| 10 | student's 22nd birthday. | ||||||
| 11 | "Agency" or "community agency" means (i) a community agency | ||||||
| 12 | licensed, funded, or certified by the Department, but not | ||||||
| 13 | licensed or certified by any other human services agency of the | ||||||
| 14 | State, to provide mental health service or developmental | ||||||
| 15 | disabilities service, or (ii) a program licensed, funded, or | ||||||
| 16 | certified by the Department, but not licensed or certified by | ||||||
| 17 | any other human services agency of the State, to provide mental | ||||||
| 18 | health service or developmental disabilities service. | ||||||
| 19 | "Aggravating circumstance" means a factor that is | ||||||
| 20 | attendant to a finding and that tends to compound or increase | ||||||
| 21 | the culpability of the accused. | ||||||
| 22 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
| 23 | incident involving any of the following conduct by an employee, | ||||||
| 24 | facility, or agency against an individual or individuals: | ||||||
| 25 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
| 26 | financial exploitation. | ||||||
| |||||||
| |||||||
| 1 | "Day" means working day, unless otherwise specified. | ||||||
| 2 | "Deflection" means a situation in which an individual is | ||||||
| 3 | presented for admission to a facility or agency, and the | ||||||
| 4 | facility staff or agency staff do not admit the individual. | ||||||
| 5 | "Deflection" includes triage, redirection, and denial of | ||||||
| 6 | admission. | ||||||
| 7 | "Department" means the Department of Human Services. | ||||||
| 8 | "Developmentally disabled" means having a developmental | ||||||
| 9 | disability. | ||||||
| 10 | "Developmental disability" means "developmental | ||||||
| 11 | disability" as defined in the Mental Health and Developmental | ||||||
| 12 | Disabilities Code. | ||||||
| 13 | "Egregious neglect" means a finding of neglect as | ||||||
| 14 | determined by the Inspector General that (i) represents a gross | ||||||
| 15 | failure to adequately provide for, or a callused indifference | ||||||
| 16 | to, the health, safety, or medical needs of an individual and | ||||||
| 17 | (ii) results in an individual's death or other serious | ||||||
| 18 | deterioration of an individual's physical condition or mental | ||||||
| 19 | condition. | ||||||
| 20 | "Employee" means any person who provides services at the | ||||||
| 21 | facility or agency on-site or off-site. The service | ||||||
| 22 | relationship can be with the individual or with the facility or | ||||||
| 23 | agency. Also, "employee" includes any employee or contractual | ||||||
| 24 | agent of the Department of Human Services or the community | ||||||
| 25 | agency involved in providing or monitoring or administering | ||||||
| 26 | mental health or developmental disability services. This | ||||||
| |||||||
| |||||||
| 1 | includes but is not limited to: owners, operators, payroll | ||||||
| 2 | personnel, contractors, subcontractors, and volunteers. | ||||||
| 3 | "Facility" or "State-operated facility" means a mental | ||||||
| 4 | health facility or developmental disabilities facility | ||||||
| 5 | operated by the Department. | ||||||
| 6 | "Financial exploitation" means taking unjust advantage of | ||||||
| 7 | an individual's assets, property, or financial resources | ||||||
| 8 | through deception, intimidation, or conversion for the | ||||||
| 9 | employee's, facility's, or agency's own advantage or benefit. | ||||||
| 10 | "Finding" means the Office of Inspector General's | ||||||
| 11 | determination regarding whether an allegation is | ||||||
| 12 | substantiated, unsubstantiated, or unfounded. | ||||||
| 13 | "Health care worker registry" or "registry" means the | ||||||
| 14 | health care worker registry created by the Nursing Home Care | ||||||
| 15 | Act. | ||||||
| 16 | "Individual" means any person receiving mental health | ||||||
| 17 | service, developmental disabilities service, or both from a | ||||||
| 18 | facility or agency, while either on-site or off-site. | ||||||
| 19 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
| 20 | threatening words, signs, gestures, or other actions by an | ||||||
| 21 | employee about an individual and in the presence of an | ||||||
| 22 | individual or individuals that results in emotional distress or | ||||||
| 23 | maladaptive behavior, or could have resulted in emotional | ||||||
| 24 | distress or maladaptive behavior, for any individual present. | ||||||
| 25 | "Mental illness" means "mental illness" as defined in the | ||||||
| 26 | Mental Health and Developmental Disabilities Code. | ||||||
| |||||||
| |||||||
| 1 | "Mentally ill" means having a mental illness. | ||||||
| 2 | "Mitigating circumstance" means a condition that (i) is | ||||||
| 3 | attendant to a finding, (ii) does not excuse or justify the | ||||||
| 4 | conduct in question, but (iii) may be considered in evaluating | ||||||
| 5 | the severity of the conduct, the culpability of the accused, or | ||||||
| 6 | both the severity of the conduct and the culpability of the | ||||||
| 7 | accused. | ||||||
| 8 | "Neglect" means an employee's, agency's, or facility's | ||||||
| 9 | failure to provide adequate medical care, personal care, or | ||||||
| 10 | maintenance and that, as a consequence, (i) causes an | ||||||
| 11 | individual pain, injury, or emotional distress, (ii) results in | ||||||
| 12 | either an individual's maladaptive behavior or the | ||||||
| 13 | deterioration of an individual's physical condition or mental | ||||||
| 14 | condition, or (iii) places the individual's health or safety at | ||||||
| 15 | substantial risk. | ||||||
| 16 | "Person with a developmental disability" means a person | ||||||
| 17 | having a developmental disability. | ||||||
| 18 | "Physical abuse" means an employee's non-accidental and | ||||||
| 19 | inappropriate contact with an individual that causes bodily | ||||||
| 20 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
| 21 | as a result of an employee directing an individual or person to | ||||||
| 22 | physically abuse another individual. | ||||||
| 23 | "Recommendation" means an admonition, separate from a | ||||||
| 24 | finding, that requires action by the facility, agency, or | ||||||
| 25 | Department to correct a systemic issue, problem, or deficiency | ||||||
| 26 | identified during an investigation. | ||||||
| |||||||
| |||||||
| 1 | "Required reporter" means any employee who suspects, | ||||||
| 2 | witnesses, or is informed of an allegation of any one or more | ||||||
| 3 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
| 4 | neglect, or financial exploitation. | ||||||
| 5 | "Secretary" means the Chief Administrative Officer of the | ||||||
| 6 | Department. | ||||||
| 7 | "Sexual abuse" means any sexual contact or intimate | ||||||
| 8 | physical contact between an employee and an individual, | ||||||
| 9 | including an employee's coercion or encouragement of an | ||||||
| 10 | individual to engage in sexual behavior that results in sexual | ||||||
| 11 | contact, intimate physical contact, sexual behavior, or | ||||||
| 12 | intimate physical behavior. | ||||||
| 13 | "Substantiated" means there is a preponderance of the | ||||||
| 14 | evidence to support the allegation. | ||||||
| 15 | "Unfounded" means there is no credible evidence to support | ||||||
| 16 | the allegation. | ||||||
| 17 | "Unsubstantiated" means there is credible evidence, but | ||||||
| 18 | less than a preponderance of evidence to support the | ||||||
| 19 | allegation. | ||||||
| 20 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
| 21 | shall confirm, an Inspector General. The Inspector General | ||||||
| 22 | shall be appointed for a term of 4 years and shall function | ||||||
| 23 | within the Department of Human Services and report to the | ||||||
| 24 | Secretary and the Governor. | ||||||
| 25 | (d) Operation and appropriation. The Inspector General | ||||||
| 26 | shall function independently within the Department with | ||||||
| |||||||
| |||||||
| 1 | respect to the operations of the Office, including the | ||||||
| 2 | performance of investigations and issuance of findings and | ||||||
| 3 | recommendations. The appropriation for the Office of Inspector | ||||||
| 4 | General shall be separate from the overall appropriation for | ||||||
| 5 | the Department. | ||||||
| 6 | (e) Powers and duties. The Inspector General shall | ||||||
| 7 | investigate reports of suspected mental abuse, physical abuse, | ||||||
| 8 | sexual abuse, neglect, or financial exploitation of | ||||||
| 9 | individuals in any mental health or developmental disabilities | ||||||
| 10 | facility or agency and shall have authority to take immediate | ||||||
| 11 | action to prevent any one or more of the following from | ||||||
| 12 | happening to individuals under its jurisdiction: mental abuse, | ||||||
| 13 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 14 | exploitation. Upon written request of an agency of this State, | ||||||
| 15 | the Inspector General may assist another agency of the State in | ||||||
| 16 | investigating reports of the abuse, neglect, or abuse and | ||||||
| 17 | neglect of persons with mental illness, persons with | ||||||
| 18 | developmental disabilities, or persons with both. To comply | ||||||
| 19 | with the requirements of subsection (k) of this Section, the | ||||||
| 20 | Inspector General shall also review all reportable deaths for | ||||||
| 21 | which there is no allegation of abuse or neglect. Nothing in | ||||||
| 22 | this Section shall preempt any duties of the Medical Review | ||||||
| 23 | Board set forth in the Mental Health and Developmental | ||||||
| 24 | Disabilities Code. The Inspector General shall have no | ||||||
| 25 | authority to investigate alleged violations of the State | ||||||
| 26 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
| |||||||
| |||||||
| 1 | under the State Officials and Employees Ethics Act shall be | ||||||
| 2 | referred to the Office of the Governor's Executive Inspector | ||||||
| 3 | General for investigation. | ||||||
| 4 | (f) Limitations. The Inspector General shall not conduct an | ||||||
| 5 | investigation within an agency or facility if that | ||||||
| 6 | investigation would be redundant to or interfere with an | ||||||
| 7 | investigation conducted by another State agency. The Inspector | ||||||
| 8 | General shall have no supervision over, or involvement in, the | ||||||
| 9 | routine programmatic, licensing, funding, or certification | ||||||
| 10 | operations of the Department. Nothing in this subsection limits | ||||||
| 11 | investigations by the Department that may otherwise be required | ||||||
| 12 | by law or that may be necessary in the Department's capacity as | ||||||
| 13 | central administrative authority responsible for the operation | ||||||
| 14 | of the State's mental health and developmental disabilities | ||||||
| 15 | facilities. | ||||||
| 16 | (g) Rulemaking authority. The Inspector General shall | ||||||
| 17 | promulgate rules establishing minimum requirements for | ||||||
| 18 | reporting allegations as well as for initiating, conducting, | ||||||
| 19 | and completing investigations based upon the nature of the | ||||||
| 20 | allegation or allegations. The rules shall clearly establish | ||||||
| 21 | that if 2 or more State agencies could investigate an | ||||||
| 22 | allegation, the Inspector General shall not conduct an | ||||||
| 23 | investigation that would be redundant to, or interfere with, an | ||||||
| 24 | investigation conducted by another State agency. The rules | ||||||
| 25 | shall further clarify the method and circumstances under which | ||||||
| 26 | the Office of Inspector General may interact with the | ||||||
| |||||||
| |||||||
| 1 | licensing, funding, or certification units of the Department in | ||||||
| 2 | preventing further occurrences of mental abuse, physical | ||||||
| 3 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
| 4 | exploitation. | ||||||
| 5 | (h) Training programs. The Inspector General shall (i) | ||||||
| 6 | establish a comprehensive program to ensure that every person | ||||||
| 7 | authorized to conduct investigations receives ongoing training | ||||||
| 8 | relative to investigation techniques, communication skills, | ||||||
| 9 | and the appropriate means of interacting with persons receiving | ||||||
| 10 | treatment for mental illness, developmental disability, or | ||||||
| 11 | both mental illness and developmental disability, and (ii) | ||||||
| 12 | establish and conduct periodic training programs for facility | ||||||
| 13 | and agency employees concerning the prevention and reporting of | ||||||
| 14 | any one or more of the following: mental abuse, physical abuse, | ||||||
| 15 | sexual abuse, neglect, egregious neglect, or financial | ||||||
| 16 | exploitation. Nothing in this Section shall be deemed to | ||||||
| 17 | prevent the Office of Inspector General from conducting any | ||||||
| 18 | other training as determined by the Inspector General to be | ||||||
| 19 | necessary or helpful. | ||||||
| 20 | (i) Duty to cooperate. | ||||||
| 21 | (1) The Inspector General shall at all times be granted | ||||||
| 22 | access to any facility or agency for the purpose of | ||||||
| 23 | investigating any allegation, conducting unannounced site | ||||||
| 24 | visits, monitoring compliance with a written response, or | ||||||
| 25 | completing any other statutorily assigned duty. The | ||||||
| 26 | Inspector General shall conduct unannounced site visits to | ||||||
| |||||||
| |||||||
| 1 | each facility at least annually for the purpose of | ||||||
| 2 | reviewing and making recommendations on systemic issues | ||||||
| 3 | relative to preventing, reporting, investigating, and | ||||||
| 4 | responding to all of the following: mental abuse, physical | ||||||
| 5 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
| 6 | financial exploitation. | ||||||
| 7 | (2) Any employee who fails to cooperate with an Office | ||||||
| 8 | of the Inspector General investigation is in violation of | ||||||
| 9 | this Act. Failure to cooperate with an investigation | ||||||
| 10 | includes, but is not limited to, any one or more of the | ||||||
| 11 | following: (i) creating and transmitting a false report to | ||||||
| 12 | the Office of the Inspector General hotline, (ii) providing | ||||||
| 13 | false information to an Office of the Inspector General | ||||||
| 14 | Investigator during an investigation, (iii) colluding with | ||||||
| 15 | other employees to cover up evidence, (iv) colluding with | ||||||
| 16 | other employees to provide false information to an Office | ||||||
| 17 | of the Inspector General investigator, (v) destroying | ||||||
| 18 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
| 19 | obstructing an Office of the Inspector General | ||||||
| 20 | investigation. Additionally, any employee who, during an | ||||||
| 21 | unannounced site visit or written response compliance | ||||||
| 22 | check, fails to cooperate with requests from the Office of | ||||||
| 23 | the Inspector General is in violation of this Act. | ||||||
| 24 | (j) Subpoena powers. The Inspector General shall have the | ||||||
| 25 | power to subpoena witnesses and compel the production of all | ||||||
| 26 | documents and physical evidence relating to his or her | ||||||
| |||||||
| |||||||
| 1 | investigations and any hearings authorized by this Act. This | ||||||
| 2 | subpoena power shall not extend to persons or documents of a | ||||||
| 3 | labor organization or its representatives insofar as the | ||||||
| 4 | persons are acting in a representative capacity to an employee | ||||||
| 5 | whose conduct is the subject of an investigation or the | ||||||
| 6 | documents relate to that representation. Any person who | ||||||
| 7 | otherwise fails to respond to a subpoena or who knowingly | ||||||
| 8 | provides false information to the Office of the Inspector | ||||||
| 9 | General by subpoena during an investigation is guilty of a | ||||||
| 10 | Class A misdemeanor. | ||||||
| 11 | (k) Reporting allegations and deaths. | ||||||
| 12 | (1) Allegations. If an employee witnesses, is told of, | ||||||
| 13 | or has reason to believe an incident of mental abuse, | ||||||
| 14 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 15 | exploitation has occurred, the employee, agency, or | ||||||
| 16 | facility shall report the allegation by phone to the Office | ||||||
| 17 | of the Inspector General hotline according to the agency's | ||||||
| 18 | or facility's procedures, but in no event later than 4 | ||||||
| 19 | hours after the initial discovery of the incident, | ||||||
| 20 | allegation, or suspicion of any one or more of the | ||||||
| 21 | following: mental abuse, physical abuse, sexual abuse, | ||||||
| 22 | neglect, or financial exploitation. A required reporter as | ||||||
| 23 | defined in subsection (b) of this Section who knowingly or | ||||||
| 24 | intentionally fails to comply with these reporting | ||||||
| 25 | requirements is guilty of a Class A misdemeanor. | ||||||
| 26 | (2) Deaths. Absent an allegation, a required reporter | ||||||
| |||||||
| |||||||
| 1 | shall, within 24 hours after initial discovery, report by | ||||||
| 2 | phone to the Office of the Inspector General hotline each | ||||||
| 3 | of the following: | ||||||
| 4 | (i) Any death of an individual occurring within 14 | ||||||
| 5 | calendar days after discharge or transfer of the | ||||||
| 6 | individual from a residential program or facility. | ||||||
| 7 | (ii) Any death of an individual occurring within 24 | ||||||
| 8 | hours after deflection from a residential program or | ||||||
| 9 | facility. | ||||||
| 10 | (iii) Any other death of an individual occurring at | ||||||
| 11 | an agency or facility or at any Department-funded site. | ||||||
| 12 | (3) Retaliation. It is a violation of this Act for any | ||||||
| 13 | employee or administrator of an agency or facility to take | ||||||
| 14 | retaliatory action against an employee who acts in good | ||||||
| 15 | faith in conformance with his or her duties as a required | ||||||
| 16 | reporter. | ||||||
| 17 | (l) Reporting to law enforcement. | ||||||
| 18 | (1) Reporting criminal acts. Within 24 hours after | ||||||
| 19 | determining that there is credible evidence indicating | ||||||
| 20 | that a criminal act may have been committed or that special | ||||||
| 21 | expertise may be required in an investigation, the | ||||||
| 22 | Inspector General shall notify the Department of State | ||||||
| 23 | Police or other appropriate law enforcement authority, or | ||||||
| 24 | ensure that such notification is made. The Department of | ||||||
| 25 | State Police shall investigate any report from a | ||||||
| 26 | State-operated facility indicating a possible murder, | ||||||
| |||||||
| |||||||
| 1 | sexual assault, or other felony by an employee. All | ||||||
| 2 | investigations conducted by the Inspector General shall be | ||||||
| 3 | conducted in a manner designed to ensure the preservation | ||||||
| 4 | of evidence for possible use in a criminal prosecution. | ||||||
| 5 | (2) Reporting allegations of adult students with | ||||||
| 6 | disabilities. Upon receipt of a reportable allegation | ||||||
| 7 | regarding an adult student with a disability, the | ||||||
| 8 | Department's Office of the Inspector General shall | ||||||
| 9 | determine whether the allegation meets the criteria for the | ||||||
| 10 | Domestic Abuse Program under the Abuse of Adults with | ||||||
| 11 | Disabilities Intervention Act. If the allegation is | ||||||
| 12 | reportable to that program, the Office of the Inspector | ||||||
| 13 | General shall initiate an investigation. If the allegation | ||||||
| 14 | is not reportable to the Domestic Abuse Program, the Office | ||||||
| 15 | of the Inspector General shall make an expeditious referral | ||||||
| 16 | to the respective law enforcement entity. If the alleged | ||||||
| 17 | victim is already receiving services from the Department, | ||||||
| 18 | the Office of the Inspector General shall also make a | ||||||
| 19 | referral to the respective Department of Human Services' | ||||||
| 20 | Division or Bureau. | ||||||
| 21 | (m) Investigative reports. Upon completion of an | ||||||
| 22 | investigation, the Office of Inspector General shall issue an | ||||||
| 23 | investigative report identifying whether the allegations are | ||||||
| 24 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
| 25 | business days after the transmittal of a completed | ||||||
| 26 | investigative report substantiating an allegation, or if a | ||||||
| |||||||
| |||||||
| 1 | recommendation is made, the Inspector General shall provide the | ||||||
| 2 | investigative report on the case to the Secretary and to the | ||||||
| 3 | director of the facility or agency where any one or more of the | ||||||
| 4 | following occurred: mental abuse, physical abuse, sexual | ||||||
| 5 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
| 6 | In a substantiated case, the investigative report shall include | ||||||
| 7 | any mitigating or aggravating circumstances that were | ||||||
| 8 | identified during the investigation. If the case involves | ||||||
| 9 | substantiated neglect, the investigative report shall also | ||||||
| 10 | state whether egregious neglect was found. An investigative | ||||||
| 11 | report may also set forth recommendations. All investigative | ||||||
| 12 | reports prepared by the Office of the Inspector General shall | ||||||
| 13 | be considered confidential and shall not be released except as | ||||||
| 14 | provided by the law of this State or as required under | ||||||
| 15 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
| 16 | shall not be disclosed except as allowed under Section 6 of the | ||||||
| 17 | Abused and Neglected Long Term Care Facility Residents | ||||||
| 18 | Reporting Act. Raw data used to compile the investigative | ||||||
| 19 | report shall not be subject to release unless required by law | ||||||
| 20 | or a court order. "Raw data used to compile the investigative | ||||||
| 21 | report" includes, but is not limited to, any one or more of the | ||||||
| 22 | following: the initial complaint, witness statements, | ||||||
| 23 | photographs, investigator's notes, police reports, or incident | ||||||
| 24 | reports. If the allegations are substantiated, the accused | ||||||
| 25 | shall be provided with a redacted copy of the investigative | ||||||
| 26 | report. Death reports where there was no allegation of abuse or | ||||||
| |||||||
| |||||||
| 1 | neglect shall only be released pursuant to applicable State or | ||||||
| 2 | federal law or a valid court order. | ||||||
| 3 | (n) Written responses and reconsideration requests. | ||||||
| 4 | (1) Written responses. Within 30 calendar days from | ||||||
| 5 | receipt of a substantiated investigative report or an | ||||||
| 6 | investigative report which contains recommendations, | ||||||
| 7 | absent a reconsideration request, the facility or agency | ||||||
| 8 | shall file a written response that addresses, in a concise | ||||||
| 9 | and reasoned manner, the actions taken to: (i) protect the | ||||||
| 10 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
| 11 | the problems identified. The response shall include the | ||||||
| 12 | implementation and completion dates of such actions. If the | ||||||
| 13 | written response is not filed within the allotted 30 | ||||||
| 14 | calendar day period, the Secretary shall determine the | ||||||
| 15 | appropriate corrective action to be taken. | ||||||
| 16 | (2) Reconsideration requests. The facility, agency, | ||||||
| 17 | victim or guardian, or the subject employee may request | ||||||
| 18 | that the Office of Inspector General reconsider or clarify | ||||||
| 19 | its finding based upon additional information. | ||||||
| 20 | (o) Disclosure of the finding by the Inspector General. The | ||||||
| 21 | Inspector General shall disclose the finding of an | ||||||
| 22 | investigation to the following persons: (i) the Governor, (ii) | ||||||
| 23 | the Secretary, (iii) the director of the facility or agency, | ||||||
| 24 | (iv) the alleged victims and their guardians, (v) the | ||||||
| 25 | complainant, and (vi) the accused. This information shall | ||||||
| 26 | include whether the allegations were deemed substantiated, | ||||||
| |||||||
| |||||||
| 1 | unsubstantiated, or unfounded. | ||||||
| 2 | (p) Secretary review. Upon review of the Inspector | ||||||
| 3 | General's investigative report and any agency's or facility's | ||||||
| 4 | written response, the Secretary shall accept or reject the | ||||||
| 5 | written response and notify the Inspector General of that | ||||||
| 6 | determination. The Secretary may further direct that other | ||||||
| 7 | administrative action be taken, including, but not limited to, | ||||||
| 8 | any one or more of the following: (i) additional site visits, | ||||||
| 9 | (ii) training, (iii) provision of technical assistance | ||||||
| 10 | relative to administrative needs, licensure or certification, | ||||||
| 11 | or (iv) the imposition of appropriate sanctions. | ||||||
| 12 | (q) Action by facility or agency. Within 30 days of the | ||||||
| 13 | date the Secretary approves the written response or directs | ||||||
| 14 | that further administrative action be taken, the facility or | ||||||
| 15 | agency shall provide an implementation report to the Inspector | ||||||
| 16 | General that provides the status of the action taken. The | ||||||
| 17 | facility or agency shall be allowed an additional 30 days to | ||||||
| 18 | send notice of completion of the action or to send an updated | ||||||
| 19 | implementation report. If the action has not been completed | ||||||
| 20 | within the additional 30 day period, the facility or agency | ||||||
| 21 | shall send updated implementation reports every 60 days until | ||||||
| 22 | completion. The Inspector General shall conduct a review of any | ||||||
| 23 | implementation plan that takes more than 120 days after | ||||||
| 24 | approval to complete, and shall monitor compliance through a | ||||||
| 25 | random review of approved written responses, which may include, | ||||||
| 26 | but are not limited to: (i) site visits, (ii) telephone | ||||||
| |||||||
| |||||||
| 1 | contact, and (iii) requests for additional documentation | ||||||
| 2 | evidencing compliance. | ||||||
| 3 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
| 4 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
| 5 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
| 6 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
| 7 | or some combination of one or more of those acts at a facility | ||||||
| 8 | or agency, and may include any one or more of the following: | ||||||
| 9 | (1) Appointment of on-site monitors. | ||||||
| 10 | (2) Transfer or relocation of an individual or | ||||||
| 11 | individuals. | ||||||
| 12 | (3) Closure of units. | ||||||
| 13 | (4) Termination of any one or more of the following: | ||||||
| 14 | (i) Department licensing, (ii) funding, or (iii) | ||||||
| 15 | certification. | ||||||
| 16 | The Inspector General may seek the assistance of the | ||||||
| 17 | Illinois Attorney General or the office of any State's Attorney | ||||||
| 18 | in implementing sanctions. | ||||||
| 19 | (s) Health care worker registry. | ||||||
| 20 | (1) Reporting to the registry. The Inspector General | ||||||
| 21 | shall report to the Department of Public Health's health | ||||||
| 22 | care worker registry, a public registry, the identity and | ||||||
| 23 | finding of each employee of a facility or agency against | ||||||
| 24 | whom there is a final investigative report containing a | ||||||
| 25 | substantiated allegation of physical or sexual abuse, | ||||||
| 26 | financial exploitation, or egregious neglect of an | ||||||
| |||||||
| |||||||
| 1 | individual. | ||||||
| 2 | (2) Notice to employee. Prior to reporting the name of | ||||||
| 3 | an employee, the employee shall be notified of the | ||||||
| 4 | Department's obligation to report and shall be granted an | ||||||
| 5 | opportunity to request an administrative hearing, the sole | ||||||
| 6 | purpose of which is to determine if the substantiated | ||||||
| 7 | finding warrants reporting to the registry. Notice to the | ||||||
| 8 | employee shall contain a clear and concise statement of the | ||||||
| 9 | grounds on which the report to the registry is based, offer | ||||||
| 10 | the employee an opportunity for a hearing, and identify the | ||||||
| 11 | process for requesting such a hearing. Notice is sufficient | ||||||
| 12 | if provided by certified mail to the employee's last known | ||||||
| 13 | address. If the employee fails to request a hearing within | ||||||
| 14 | 30 days from the date of the notice, the Inspector General | ||||||
| 15 | shall report the name of the employee to the registry. | ||||||
| 16 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
| 17 | the rights of a person who is a member of a collective | ||||||
| 18 | bargaining unit under the Illinois Public Labor Relations | ||||||
| 19 | Act or under any other federal labor statute. | ||||||
| 20 | (3) Registry hearings. If the employee requests an | ||||||
| 21 | administrative hearing, the employee shall be granted an | ||||||
| 22 | opportunity to appear before an administrative law judge to | ||||||
| 23 | present reasons why the employee's name should not be | ||||||
| 24 | reported to the registry. The Department shall bear the | ||||||
| 25 | burden of presenting evidence that establishes, by a | ||||||
| 26 | preponderance of the evidence, that the substantiated | ||||||
| |||||||
| |||||||
| 1 | finding warrants reporting to the registry. After | ||||||
| 2 | considering all the evidence presented, the administrative | ||||||
| 3 | law judge shall make a recommendation to the Secretary as | ||||||
| 4 | to whether the substantiated finding warrants reporting | ||||||
| 5 | the name of the employee to the registry. The Secretary | ||||||
| 6 | shall render the final decision. The Department and the | ||||||
| 7 | employee shall have the right to request that the | ||||||
| 8 | administrative law judge consider a stipulated disposition | ||||||
| 9 | of these proceedings. | ||||||
| 10 | (4) Testimony at registry hearings. A person who makes | ||||||
| 11 | a report or who investigates a report under this Act shall | ||||||
| 12 | testify fully in any judicial proceeding resulting from | ||||||
| 13 | such a report, as to any evidence of abuse or neglect, or | ||||||
| 14 | the cause thereof. No evidence shall be excluded by reason | ||||||
| 15 | of any common law or statutory privilege relating to | ||||||
| 16 | communications between the alleged perpetrator of abuse or | ||||||
| 17 | neglect, or the individual alleged as the victim in the | ||||||
| 18 | report, and the person making or investigating the report. | ||||||
| 19 | Testimony at hearings is exempt from the confidentiality | ||||||
| 20 | requirements of subsection (f) of Section 10 of the Mental | ||||||
| 21 | Health and Developmental Disabilities Confidentiality Act. | ||||||
| 22 | (5) Employee's rights to collateral action. No | ||||||
| 23 | reporting to the registry shall occur and no hearing shall | ||||||
| 24 | be set or proceed if an employee notifies the Inspector | ||||||
| 25 | General in writing, including any supporting | ||||||
| 26 | documentation, that he or she is formally contesting an | ||||||
| |||||||
| |||||||
| 1 | adverse employment action resulting from a substantiated | ||||||
| 2 | finding by complaint filed with the Illinois Civil Service | ||||||
| 3 | Commission, or which otherwise seeks to enforce the | ||||||
| 4 | employee's rights pursuant to any applicable collective | ||||||
| 5 | bargaining agreement. If an action taken by an employer | ||||||
| 6 | against an employee as a result of a finding of physical | ||||||
| 7 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
| 8 | through an action filed with the Illinois Civil Service | ||||||
| 9 | Commission or under any applicable collective bargaining | ||||||
| 10 | agreement and if that employee's name has already been sent | ||||||
| 11 | to the registry, the employee's name shall be removed from | ||||||
| 12 | the registry. | ||||||
| 13 | (6) Removal from registry. At any time after the report | ||||||
| 14 | to the registry, but no more than once in any 12-month | ||||||
| 15 | period, an employee may petition the Department in writing | ||||||
| 16 | to remove his or her name from the registry. Upon receiving | ||||||
| 17 | notice of such request, the Inspector General shall conduct | ||||||
| 18 | an investigation into the petition. Upon receipt of such | ||||||
| 19 | request, an administrative hearing will be set by the | ||||||
| 20 | Department. At the hearing, the employee shall bear the | ||||||
| 21 | burden of presenting evidence that establishes, by a | ||||||
| 22 | preponderance of the evidence, that removal of the name | ||||||
| 23 | from the registry is in the public interest. The parties | ||||||
| 24 | may jointly request that the administrative law judge | ||||||
| 25 | consider a stipulated disposition of these proceedings. | ||||||
| 26 | (t) Review of Administrative Decisions. The Department | ||||||
| |||||||
| |||||||
| 1 | shall preserve a record of all proceedings at any formal | ||||||
| 2 | hearing conducted by the Department involving health care | ||||||
| 3 | worker registry hearings. Final administrative decisions of | ||||||
| 4 | the Department are subject to judicial review pursuant to | ||||||
| 5 | provisions of the Administrative Review Law. | ||||||
| 6 | (u) Quality Care Board. There is created, within the Office | ||||||
| 7 | of the Inspector General, a Quality Care Board to be composed | ||||||
| 8 | of 7 members appointed by the Governor with the advice and | ||||||
| 9 | consent of the Senate. One of the members shall be designated | ||||||
| 10 | as chairman by the Governor. Of the initial appointments made | ||||||
| 11 | by the Governor, 4 Board members shall each be appointed for a | ||||||
| 12 | term of 4 years and 3 members shall each be appointed for a | ||||||
| 13 | term of 2 years. Upon the expiration of each member's term, a | ||||||
| 14 | successor shall be appointed for a term of 4 years. In the case | ||||||
| 15 | of a vacancy in the office of any member, the Governor shall | ||||||
| 16 | appoint a successor for the remainder of the unexpired term. | ||||||
| 17 | Members appointed by the Governor shall be qualified by | ||||||
| 18 | professional knowledge or experience in the area of law, | ||||||
| 19 | investigatory techniques, or in the area of care of the | ||||||
| 20 | mentally ill or care of persons with developmental disabilities | ||||||
| 21 | developmentally disabled. Two members appointed by the | ||||||
| 22 | Governor shall be persons with a disability or a parent of a | ||||||
| 23 | person with a disability. Members shall serve without | ||||||
| 24 | compensation, but shall be reimbursed for expenses incurred in | ||||||
| 25 | connection with the performance of their duties as members. | ||||||
| 26 | The Board shall meet quarterly, and may hold other meetings | ||||||
| |||||||
| |||||||
| 1 | on the call of the chairman. Four members shall constitute a | ||||||
| 2 | quorum allowing the Board to conduct its business. The Board | ||||||
| 3 | may adopt rules and regulations it deems necessary to govern | ||||||
| 4 | its own procedures. | ||||||
| 5 | The Board shall monitor and oversee the operations, | ||||||
| 6 | policies, and procedures of the Inspector General to ensure the | ||||||
| 7 | prompt and thorough investigation of allegations of neglect and | ||||||
| 8 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
| 9 | the following: | ||||||
| 10 | (1) Provide independent, expert consultation to the | ||||||
| 11 | Inspector General on policies and protocols for | ||||||
| 12 | investigations of alleged abuse, neglect, or both abuse and | ||||||
| 13 | neglect. | ||||||
| 14 | (2) Review existing regulations relating to the | ||||||
| 15 | operation of facilities. | ||||||
| 16 | (3) Advise the Inspector General as to the content of | ||||||
| 17 | training activities authorized under this Section. | ||||||
| 18 | (4) Recommend policies concerning methods for | ||||||
| 19 | improving the intergovernmental relationships between the | ||||||
| 20 | Office of the Inspector General and other State or federal | ||||||
| 21 | offices. | ||||||
| 22 | (v) Annual report. The Inspector General shall provide to | ||||||
| 23 | the General Assembly and the Governor, no later than January 1 | ||||||
| 24 | of each year, a summary of reports and investigations made | ||||||
| 25 | under this Act for the prior fiscal year with respect to | ||||||
| 26 | individuals receiving mental health or developmental | ||||||
| |||||||
| |||||||
| 1 | disabilities services. The report shall detail the imposition | ||||||
| 2 | of sanctions, if any, and the final disposition of any | ||||||
| 3 | corrective or administrative action directed by the Secretary. | ||||||
| 4 | The summaries shall not contain any confidential or identifying | ||||||
| 5 | information of any individual, but shall include objective data | ||||||
| 6 | identifying any trends in the number of reported allegations, | ||||||
| 7 | the timeliness of the Office of the Inspector General's | ||||||
| 8 | investigations, and their disposition, for each facility and | ||||||
| 9 | Department-wide, for the most recent 3-year time period. The | ||||||
| 10 | report shall also identify, by facility, the staff-to-patient | ||||||
| 11 | ratios taking account of direct care staff only. The report | ||||||
| 12 | shall also include detailed recommended administrative actions | ||||||
| 13 | and matters for consideration by the General Assembly. | ||||||
| 14 | (w) Program audit. The Auditor General shall conduct a | ||||||
| 15 | program audit of the Office of the Inspector General on an | ||||||
| 16 | as-needed basis, as determined by the Auditor General. The | ||||||
| 17 | audit shall specifically include the Inspector General's | ||||||
| 18 | compliance with the Act and effectiveness in investigating | ||||||
| 19 | reports of allegations occurring in any facility or agency. The | ||||||
| 20 | Auditor General shall conduct the program audit according to | ||||||
| 21 | the provisions of the Illinois State Auditing Act and shall | ||||||
| 22 | report its findings to the General Assembly no later than | ||||||
| 23 | January 1 following the audit period.
| ||||||
| 24 | (x) Nothing in this Section shall be construed to mean that | ||||||
| 25 | a patient is a victim of abuse or neglect because of health | ||||||
| 26 | care services appropriately provided or not provided by health | ||||||
| |||||||
| |||||||
| 1 | care professionals. | ||||||
| 2 | (y) Nothing in this Section shall require a facility, | ||||||
| 3 | including its employees, agents, medical staff members, and | ||||||
| 4 | health care professionals, to provide a service to a patient in | ||||||
| 5 | contravention of that patient's stated or implied objection to | ||||||
| 6 | the provision of that service on the ground that that service | ||||||
| 7 | conflicts with the patient's religious beliefs or practices, | ||||||
| 8 | nor shall the failure to provide a service to a patient be | ||||||
| 9 | considered abuse under this Section if the patient has objected | ||||||
| 10 | to the provision of that service based on his or her religious | ||||||
| 11 | beliefs or practices.
| ||||||
| 12 | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14.)
| ||||||
| 13 | (20 ILCS 1305/10-40)
| ||||||
| 14 | Sec. 10-40. Recreational programs; persons with | ||||||
| 15 | disabilities handicapped; grants. The
Department of
Human | ||||||
| 16 | Services, subject to appropriation,
may
make grants to special | ||||||
| 17 | recreation associations for the operation of
recreational | ||||||
| 18 | programs for
persons with disabilities the
handicapped, | ||||||
| 19 | including both persons with physical disabilities and persons | ||||||
| 20 | with mental disabilities physically and mentally handicapped, | ||||||
| 21 | and
transportation to
and from those programs. The grants | ||||||
| 22 | should target unserved or underserved
populations,
such as | ||||||
| 23 | persons with brain injuries, persons who are medically fragile, | ||||||
| 24 | and
adults who
have acquired disabling conditions. The | ||||||
| 25 | Department must adopt rules to
implement the
grant program.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 2 | Section 170. The Illinois Guaranteed Job Opportunity Act is | ||||||
| 3 | amended by changing Section 50 as follows:
| ||||||
| 4 | (20 ILCS 1510/50)
| ||||||
| 5 | Sec. 50. Nondiscrimination.
| ||||||
| 6 | (a) General rule.
| ||||||
| 7 | (1) Discrimination on the basis of age, on the basis of | ||||||
| 8 | physical or mental disability handicap, on the
basis of | ||||||
| 9 | sex, or on the basis of race, color, or national origin is | ||||||
| 10 | prohibited.
| ||||||
| 11 | (2) No individual shall be excluded from participation | ||||||
| 12 | in, denied the
benefits of, subjected to discrimination | ||||||
| 13 | under, or denied employment in the
administration of or in | ||||||
| 14 | connection with any project because of race,
color, | ||||||
| 15 | religion, sex, national origin, age, physical or mental | ||||||
| 16 | disability handicap, or political affiliation
or belief.
| ||||||
| 17 | (3) (Blank).
| ||||||
| 18 | (4) With respect to terms and conditions affecting, or | ||||||
| 19 | rights provided
to, individuals who are participants in | ||||||
| 20 | activities supported by funds
provided under this Act, the | ||||||
| 21 | individuals shall not be discriminated
against solely | ||||||
| 22 | because of their status as the participants.
| ||||||
| 23 | (b) (Blank).
| ||||||
| 24 | (c) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 93-46, eff. 7-1-03.)
| ||||||
| 2 | Section 175. The Mental Health and Developmental | ||||||
| 3 | Disabilities Administrative Act is amended by changing | ||||||
| 4 | Sections 2, 4, 7, 7.2, 11.2, 14, 15b, 15.4, 18.2, 21.2, 33.3, | ||||||
| 5 | 43, 46, 54.5, and 66 as follows:
| ||||||
| 6 | (20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
| ||||||
| 7 | Sec. 2. Definitions; administrative subdivisions.
| ||||||
| 8 | (a) For the purposes of this Act, unless the context | ||||||
| 9 | otherwise requires:
| ||||||
| 10 | "Department" means the Department of Human Services, | ||||||
| 11 | successor to the former
Department of Mental Health and | ||||||
| 12 | Developmental Disabilities.
| ||||||
| 13 | "Secretary" means the Secretary of Human Services.
| ||||||
| 14 | (b) Unless the context otherwise requires:
| ||||||
| 15 | (1) References in this Act to the programs or | ||||||
| 16 | facilities of the
Department
shall be construed to refer | ||||||
| 17 | only to those programs or facilities of the
Department that | ||||||
| 18 | pertain to mental health or developmental disabilities.
| ||||||
| 19 | (2) References in this Act to the Department's service | ||||||
| 20 | providers or
service recipients shall be construed to refer | ||||||
| 21 | only to providers or recipients
of services that pertain to | ||||||
| 22 | the Department's mental health and developmental
| ||||||
| 23 | disabilities functions.
| ||||||
| 24 | (3) References in this Act to employees of the | ||||||
| |||||||
| |||||||
| 1 | Department shall be
construed to refer only to employees | ||||||
| 2 | whose duties pertain to the Department's
mental health and | ||||||
| 3 | developmental disabilities functions.
| ||||||
| 4 | (c) The Secretary shall establish such subdivisions
of the | ||||||
| 5 | Department as shall
be desirable and shall assign to the | ||||||
| 6 | various subdivisions the responsibilities
and duties placed | ||||||
| 7 | upon the Department by the Laws of the State of Illinois.
| ||||||
| 8 | (d) There is established a coordinator of services to
deaf | ||||||
| 9 | and hearing impaired persons with mental disabilities mentally | ||||||
| 10 | disabled deaf and hearing impaired persons. In hiring this
| ||||||
| 11 | coordinator, every consideration shall be given to qualified | ||||||
| 12 | deaf or hearing
impaired individuals.
| ||||||
| 13 | (e) Whenever the administrative director of the | ||||||
| 14 | subdivision for mental
health
services is not a board-certified | ||||||
| 15 | psychiatrist, the
Secretary shall appoint a Chief for Clinical | ||||||
| 16 | Services who shall be a
board-certified psychiatrist with both | ||||||
| 17 | clinical and administrative
experience. The Chief for Clinical | ||||||
| 18 | Services shall be responsible for all
clinical and medical | ||||||
| 19 | decisions for mental health services.
| ||||||
| 20 | (Source: P.A. 91-536, eff. 1-1-00.)
| ||||||
| 21 | (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
| ||||||
| 22 | Sec. 4. Supervision of facilities and services; quarterly | ||||||
| 23 | reports.
| ||||||
| 24 | (a) To exercise executive and administrative supervision | ||||||
| 25 | over
all facilities, divisions, programs and services now | ||||||
| |||||||
| |||||||
| 1 | existing or
hereafter acquired or created under the | ||||||
| 2 | jurisdiction of the Department,
including, but not limited to, | ||||||
| 3 | the following:
| ||||||
| 4 | The Alton Mental Health Center, at Alton
| ||||||
| 5 | The Clyde L. Choate Mental Health and Developmental | ||||||
| 6 | Center, at Anna
| ||||||
| 7 | The Chester Mental Health Center, at Chester
| ||||||
| 8 | The Chicago-Read Mental Health Center, at Chicago
| ||||||
| 9 | The Elgin Mental Health Center, at Elgin
| ||||||
| 10 | The Metropolitan Children and Adolescents Center, at | ||||||
| 11 | Chicago
| ||||||
| 12 | The Jacksonville Developmental Center, at Jacksonville
| ||||||
| 13 | The Governor Samuel H. Shapiro Developmental Center, | ||||||
| 14 | at Kankakee
| ||||||
| 15 | The Tinley Park Mental Health Center, at Tinley Park
| ||||||
| 16 | The Warren G. Murray Developmental Center, at | ||||||
| 17 | Centralia
| ||||||
| 18 | The Jack Mabley Developmental Center, at Dixon
| ||||||
| 19 | The Lincoln Developmental Center, at Lincoln
| ||||||
| 20 | The H. Douglas Singer Mental Health and Developmental | ||||||
| 21 | Center, at Rockford
| ||||||
| 22 | The John J. Madden Mental Health Center, at Chicago
| ||||||
| 23 | The George A. Zeller Mental Health Center, at Peoria
| ||||||
| 24 | The Andrew McFarland Mental Health Center, at | ||||||
| 25 | Springfield
| ||||||
| 26 | The Adolf Meyer Mental Health Center, at Decatur
| ||||||
| |||||||
| |||||||
| 1 | The William W. Fox Developmental Center, at Dwight
| ||||||
| 2 | The Elisabeth Ludeman Developmental Center, at Park | ||||||
| 3 | Forest
| ||||||
| 4 | The William A. Howe Developmental Center, at Tinley | ||||||
| 5 | Park
| ||||||
| 6 | The Ann M. Kiley Developmental Center, at Waukegan.
| ||||||
| 7 | (b) Beginning not later than July 1, 1977, the Department | ||||||
| 8 | shall cause
each of the facilities under its jurisdiction which | ||||||
| 9 | provide in-patient
care to comply with standards, rules and | ||||||
| 10 | regulations of the Department
of Public Health prescribed under | ||||||
| 11 | Section 6.05 of the Hospital
Licensing Act.
| ||||||
| 12 | (b-5) The Department shall cause
each of the facilities | ||||||
| 13 | under its jurisdiction that provide in-patient
care to comply | ||||||
| 14 | with Section 6.25 of the Hospital
Licensing Act. | ||||||
| 15 | (c) The Department shall issue quarterly reports on | ||||||
| 16 | admissions,
deflections, discharges, bed closures, | ||||||
| 17 | staff-resident ratios, census,
average length of stay, and any | ||||||
| 18 | adverse federal certification or
accreditation findings, if | ||||||
| 19 | any, for each State-operated facility for the
mentally ill
and | ||||||
| 20 | for persons with developmental disabilities developmentally | ||||||
| 21 | disabled.
| ||||||
| 22 | (Source: P.A. 96-389, eff. 1-1-10.)
| ||||||
| 23 | (20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
| ||||||
| 24 | Sec. 7. To receive and provide the highest possible quality | ||||||
| 25 | of humane and
rehabilitative care and treatment to all persons | ||||||
| |||||||
| |||||||
| 1 | admitted or committed or
transferred in accordance with law to | ||||||
| 2 | the facilities, divisions,
programs, and services under the | ||||||
| 3 | jurisdiction of the Department. No
resident of another state | ||||||
| 4 | shall be received or retained to the exclusion of
any resident | ||||||
| 5 | of this State. No resident of another state shall be received
| ||||||
| 6 | or retained to the exclusion of
any resident of this State. All
| ||||||
| 7 | recipients of 17 years of age and under in residence in a | ||||||
| 8 | Department facility
other than a facility for the care of | ||||||
| 9 | persons with intellectual disabilities the intellectually | ||||||
| 10 | disabled shall be housed
in quarters separated from older | ||||||
| 11 | recipients except for: (a) recipients who are
placed in | ||||||
| 12 | medical-surgical units because of physical illness; and (b)
| ||||||
| 13 | recipients between 13 and 18 years of age who need temporary | ||||||
| 14 | security measures.
| ||||||
| 15 | All recipients in a Department facility shall be given a | ||||||
| 16 | dental
examination by a licensed dentist or registered dental | ||||||
| 17 | hygienist at least
once every 18 months and shall be assigned | ||||||
| 18 | to a dentist for such dental
care and treatment as is | ||||||
| 19 | necessary.
| ||||||
| 20 | All medications administered to recipients shall be
| ||||||
| 21 | administered only by those persons who are legally qualified to | ||||||
| 22 | do so by
the laws of the State of Illinois. Medication shall | ||||||
| 23 | not be prescribed until
a physical and mental examination of | ||||||
| 24 | the recipient has been
completed. If, in the clinical judgment | ||||||
| 25 | of a physician, it is necessary to
administer medication to a | ||||||
| 26 | recipient
before the completion of the physical and mental | ||||||
| |||||||
| |||||||
| 1 | examination, he may
prescribe such medication but he must file | ||||||
| 2 | a report with the facility
director setting forth the reasons | ||||||
| 3 | for prescribing
such medication within 24 hours of the | ||||||
| 4 | prescription. A copy of the report
shall be part of the | ||||||
| 5 | recipient's record.
| ||||||
| 6 | No later than January 1, 2005, the Department shall adopt
a | ||||||
| 7 | model protocol and forms for recording all patient diagnosis, | ||||||
| 8 | care, and
treatment at each State-operated facility for the | ||||||
| 9 | mentally ill and
for persons with developmental disabilities | ||||||
| 10 | developmentally disabled under the jurisdiction of the | ||||||
| 11 | Department. The
model protocol and forms shall be used by each | ||||||
| 12 | facility unless the Department
determines that equivalent | ||||||
| 13 | alternatives justify an exemption.
| ||||||
| 14 | Every facility under the jurisdiction of the Department | ||||||
| 15 | shall maintain
a copy of each report of suspected abuse or
| ||||||
| 16 | neglect of the patient. Copies of those reports shall be made | ||||||
| 17 | available to
the State Auditor General in connection with his | ||||||
| 18 | biennial
program audit of
the facility as required by Section | ||||||
| 19 | 3-2 of the Illinois State Auditing
Act.
| ||||||
| 20 | No later than January 1 2004, the Department shall report | ||||||
| 21 | to the Governor
and the General Assembly whether each | ||||||
| 22 | State-operated facility for the mentally
ill and for persons | ||||||
| 23 | with developmental disabilities developmentally disabled under | ||||||
| 24 | the jurisdiction of the Department and
all services provided in | ||||||
| 25 | those facilities comply with all of the applicable
standards | ||||||
| 26 | adopted by the Social Security Administration under Subchapter | ||||||
| |||||||
| |||||||
| 1 | XVIII
(Medicare) of the Social Security Act (42 U.S.C. | ||||||
| 2 | 1395-1395ccc), if the facility
and services may be eligible for | ||||||
| 3 | federal financial participation under that
federal law. For | ||||||
| 4 | those facilities that do comply, the report shall indicate
what | ||||||
| 5 | actions need to be taken to ensure continued compliance. For | ||||||
| 6 | those
facilities that do not comply, the report shall indicate | ||||||
| 7 | what actions need to
be taken to bring each facility into | ||||||
| 8 | compliance.
| ||||||
| 9 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 10 | (20 ILCS 1705/7.2) (from Ch. 91 1/2, par. 100-7.2)
| ||||||
| 11 | Sec. 7.2.
No otherwise qualified child with a disability | ||||||
| 12 | handicapped child receiving special education
and related | ||||||
| 13 | services under Article 14 of The School Code shall solely by
| ||||||
| 14 | reason of his or her disability handicap be excluded from the | ||||||
| 15 | participation in or be
denied the benefits of or be subjected | ||||||
| 16 | to
discrimination under any program or activity provided by the | ||||||
| 17 | Department.
| ||||||
| 18 | (Source: P.A. 80-1403.)
| ||||||
| 19 | (20 ILCS 1705/11.2) (from Ch. 91 1/2, par. 100-11.2)
| ||||||
| 20 | Sec. 11.2.
To maintain and operate the Bureau for Mentally | ||||||
| 21 | Ill
Children and Adolescents and the Bureau for Children and | ||||||
| 22 | Adolescents with Developmental Disabilities Developmentally | ||||||
| 23 | Disabled
Children and Adolescents. Each Bureau shall:
| ||||||
| 24 | (a) develop the Department policies necessary to assure a | ||||||
| |||||||
| |||||||
| 1 | coherent
services system for, and develop and coordinate | ||||||
| 2 | planning on a Statewide
basis for delivery of services to, | ||||||
| 3 | children or adolescents with mental
illness and children and | ||||||
| 4 | adolescents with a developmental disability,
including:
| ||||||
| 5 | (1) assessment of the need for various types of | ||||||
| 6 | programs, such as
prevention, diagnosis, treatment and | ||||||
| 7 | rehabilitation, and
| ||||||
| 8 | (2) design of a system to integrate additional | ||||||
| 9 | services, including service
alternatives;
| ||||||
| 10 | (b) provide consultation and technical assistance to the | ||||||
| 11 | appropriate
Department subdivisions and coordinate service | ||||||
| 12 | planning and development
efforts for children and adolescents | ||||||
| 13 | with a developmental disability and
children or adolescents | ||||||
| 14 | with mental illness;
| ||||||
| 15 | (c) develop cooperative programs with community service | ||||||
| 16 | providers and
other State agencies which serve children;
| ||||||
| 17 | (d) assist families in the placement of children with | ||||||
| 18 | mental illness, as
specified in Section 7.1; and
| ||||||
| 19 | (e) develop minimum standards for the operation of both | ||||||
| 20 | State-provided
and contracted community-based services for | ||||||
| 21 | promulgation as rules.
| ||||||
| 22 | (Source: P.A. 88-380.)
| ||||||
| 23 | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| ||||||
| 24 | Sec. 14. Chester Mental Health Center. To maintain and | ||||||
| 25 | operate a
facility for the care, custody, and treatment of | ||||||
| |||||||
| |||||||
| 1 | persons with mental
illness or habilitation of persons with | ||||||
| 2 | developmental disabilities hereinafter
designated, to be known | ||||||
| 3 | as the Chester Mental Health Center.
| ||||||
| 4 | Within the Chester Mental Health Center there shall be | ||||||
| 5 | confined the
following classes of persons, whose history, in | ||||||
| 6 | the opinion of the
Department, discloses dangerous or violent | ||||||
| 7 | tendencies and who, upon
examination under the direction of the | ||||||
| 8 | Department, have been found a fit
subject for confinement in | ||||||
| 9 | that facility:
| ||||||
| 10 | (a) Any male person who is charged with the commission | ||||||
| 11 | of a
crime but has been acquitted by reason of insanity as | ||||||
| 12 | provided in Section
5-2-4 of the Unified Code of | ||||||
| 13 | Corrections.
| ||||||
| 14 | (b) Any male person who is charged with the commission | ||||||
| 15 | of
a crime but has been found unfit under Article 104 of | ||||||
| 16 | the Code of Criminal
Procedure of 1963.
| ||||||
| 17 | (c) Any male person with mental illness or | ||||||
| 18 | developmental disabilities or
person in need of mental | ||||||
| 19 | treatment now confined under the supervision of the
| ||||||
| 20 | Department or hereafter
admitted to any facility thereof or | ||||||
| 21 | committed thereto by any court of competent
jurisdiction.
| ||||||
| 22 | If and when it shall appear to the facility director of the | ||||||
| 23 | Chester Mental
Health Center that it is necessary to confine | ||||||
| 24 | persons in order to maintain
security or provide for the | ||||||
| 25 | protection and safety of recipients and staff, the
Chester | ||||||
| 26 | Mental Health Center may confine all persons on a unit to their | ||||||
| |||||||
| |||||||
| 1 | rooms.
This period of confinement shall not exceed 10 hours in | ||||||
| 2 | a 24 hour period,
including the recipient's scheduled hours of | ||||||
| 3 | sleep, unless approved by the
Secretary of the Department. | ||||||
| 4 | During the period of
confinement, the
persons confined shall be | ||||||
| 5 | observed at least every 15 minutes. A record shall
be kept of | ||||||
| 6 | the observations. This confinement shall not be considered
| ||||||
| 7 | seclusion as defined in the Mental Health and Developmental | ||||||
| 8 | Disabilities
Code.
| ||||||
| 9 | The facility director of the Chester Mental Health Center | ||||||
| 10 | may authorize
the temporary use of handcuffs on a recipient for | ||||||
| 11 | a period not to exceed 10
minutes when necessary in the course | ||||||
| 12 | of transport of the recipient within the
facility to maintain | ||||||
| 13 | custody or security. Use of handcuffs is subject to the
| ||||||
| 14 | provisions of Section 2-108 of the Mental Health and | ||||||
| 15 | Developmental Disabilities
Code. The facility shall keep a | ||||||
| 16 | monthly record listing each instance in which
handcuffs are | ||||||
| 17 | used, circumstances indicating the need for use of handcuffs, | ||||||
| 18 | and
time of application of handcuffs and time of release | ||||||
| 19 | therefrom. The facility
director shall allow the Illinois | ||||||
| 20 | Guardianship and Advocacy Commission, the
agency designated by | ||||||
| 21 | the Governor under Section 1 of the Protection and
Advocacy for | ||||||
| 22 | Persons with Developmental Disabilities Developmentally | ||||||
| 23 | Disabled Persons Act, and the Department to
examine and copy | ||||||
| 24 | such record upon request.
| ||||||
| 25 | The facility director of the Chester Mental Health Center | ||||||
| 26 | may authorize the temporary use of transport devices on a civil | ||||||
| |||||||
| |||||||
| 1 | recipient when necessary in the course of transport of the | ||||||
| 2 | civil recipient outside the facility to maintain custody or | ||||||
| 3 | security. The decision whether to use any transport devices | ||||||
| 4 | shall be reviewed and approved on an individualized basis by a | ||||||
| 5 | physician based upon a determination of the civil recipient's: | ||||||
| 6 | (1) history of violence, (2) history of violence during | ||||||
| 7 | transports, (3) history of escapes and escape attempts, (4) | ||||||
| 8 | history of trauma, (5) history of incidents of restraint or | ||||||
| 9 | seclusion and use of involuntary medication, (6) current | ||||||
| 10 | functioning level and medical status, and (7) prior experience | ||||||
| 11 | during similar transports, and the length, duration, and | ||||||
| 12 | purpose of the transport. The least restrictive transport | ||||||
| 13 | device consistent with the individual's need shall be used. | ||||||
| 14 | Staff transporting the individual shall be trained in the use | ||||||
| 15 | of the transport devices, recognizing and responding to a | ||||||
| 16 | person in distress, and shall observe and monitor the | ||||||
| 17 | individual while being transported. The facility shall keep a | ||||||
| 18 | monthly record listing all transports, including those | ||||||
| 19 | transports for which use of transport devices was not sought, | ||||||
| 20 | those for which use of transport devices was sought but denied, | ||||||
| 21 | and each instance in which transport devices are used, | ||||||
| 22 | circumstances indicating the need for use of transport devices, | ||||||
| 23 | time of application of transport devices, time of release from | ||||||
| 24 | those devices, and any adverse events. The facility director | ||||||
| 25 | shall allow the Illinois Guardianship and Advocacy Commission, | ||||||
| 26 | the agency designated by the Governor under Section 1 of the | ||||||
| |||||||
| |||||||
| 1 | Protection and Advocacy for Persons with Developmental | ||||||
| 2 | Disabilities Developmentally Disabled Persons Act, and the | ||||||
| 3 | Department to examine and copy the record upon request. This | ||||||
| 4 | use of transport devices shall not be considered restraint as | ||||||
| 5 | defined in the Mental Health and Developmental Disabilities | ||||||
| 6 | Code. For the purpose of this Section "transport device" means | ||||||
| 7 | ankle cuffs, handcuffs, waist chains or wrist-waist devices | ||||||
| 8 | designed to restrict an individual's range of motion while | ||||||
| 9 | being transported. These devices must be approved by the | ||||||
| 10 | Division of Mental Health, used in accordance with the | ||||||
| 11 | manufacturer's instructions, and used only by qualified staff | ||||||
| 12 | members who have completed all training required to be eligible | ||||||
| 13 | to transport patients and all other required training relating | ||||||
| 14 | to the safe use and application of transport devices, including | ||||||
| 15 | recognizing and responding to signs of distress in an | ||||||
| 16 | individual whose movement is being restricted by a transport | ||||||
| 17 | device. | ||||||
| 18 | If and when it shall appear to the satisfaction of the | ||||||
| 19 | Department that
any person confined in the Chester Mental | ||||||
| 20 | Health Center is not or has
ceased to be such a source of | ||||||
| 21 | danger to the public as to require his
subjection to the | ||||||
| 22 | regimen of the center, the Department is hereby
authorized to | ||||||
| 23 | transfer such person to any State facility for treatment of
| ||||||
| 24 | persons with mental illness or habilitation of persons with | ||||||
| 25 | developmental
disabilities, as the nature of the individual | ||||||
| 26 | case may require.
| ||||||
| |||||||
| |||||||
| 1 | Subject to the provisions of this Section, the Department, | ||||||
| 2 | except where
otherwise provided by law, shall, with respect to | ||||||
| 3 | the management, conduct
and control of the Chester Mental | ||||||
| 4 | Health Center and the discipline, custody
and treatment of the | ||||||
| 5 | persons confined therein, have and exercise the same
rights and | ||||||
| 6 | powers as are vested by law in the Department with respect to
| ||||||
| 7 | any and all of the State facilities for treatment of persons | ||||||
| 8 | with mental
illness or habilitation of persons with | ||||||
| 9 | developmental disabilities, and the
recipients thereof, and | ||||||
| 10 | shall be subject to the same duties as are imposed by
law upon | ||||||
| 11 | the Department with respect to such facilities and the | ||||||
| 12 | recipients
thereof. | ||||||
| 13 | The Department may elect to place persons who have been | ||||||
| 14 | ordered by the court to be detained under the Sexually Violent | ||||||
| 15 | Persons Commitment Act in a distinct portion of the Chester | ||||||
| 16 | Mental Health Center. The persons so placed shall be separated | ||||||
| 17 | and shall not comingle with the recipients of the Chester | ||||||
| 18 | Mental Health Center. The portion of Chester Mental Health | ||||||
| 19 | Center that is used for the persons detained under the Sexually | ||||||
| 20 | Violent Persons Commitment Act shall not be a part of the | ||||||
| 21 | mental health facility for the enforcement and implementation | ||||||
| 22 | of the Mental Health and Developmental Disabilities Code nor | ||||||
| 23 | shall their care and treatment be subject to the provisions of | ||||||
| 24 | the Mental Health and Developmental Disabilities Code. The | ||||||
| 25 | changes added to this Section by this amendatory Act of the | ||||||
| 26 | 98th General Assembly are inoperative on and after June 30, | ||||||
| |||||||
| |||||||
| 1 | 2015.
| ||||||
| 2 | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; | ||||||
| 3 | 98-756, eff. 7-16-14.)
| ||||||
| 4 | (20 ILCS 1705/15b) (from Ch. 91 1/2, par. 100-15b)
| ||||||
| 5 | Sec. 15b.
For recipients awaiting conditional
discharge or | ||||||
| 6 | placement, to execute any document relating to or make any
| ||||||
| 7 | application for any benefit including state or federal on | ||||||
| 8 | behalf of any
recipient in a Department program if the | ||||||
| 9 | recipient is a person with a mental disability and is unable to | ||||||
| 10 | mentally disabled
to manage his own affairs.
| ||||||
| 11 | (Source: P.A. 86-922.)
| ||||||
| 12 | (20 ILCS 1705/15.4)
| ||||||
| 13 | Sec. 15.4. Authorization for nursing delegation to permit | ||||||
| 14 | direct care
staff to
administer medications. | ||||||
| 15 | (a) This Section applies to (i) all programs for persons
| ||||||
| 16 | with a
developmental disability in settings of 16 persons or | ||||||
| 17 | fewer that are funded or
licensed by the Department of Human
| ||||||
| 18 | Services and that distribute or administer medications and (ii) | ||||||
| 19 | all
intermediate care
facilities for persons with | ||||||
| 20 | developmental disabilities the developmentally disabled with | ||||||
| 21 | 16 beds or fewer that are
licensed by the
Department of Public | ||||||
| 22 | Health. The Department of Human Services shall develop a
| ||||||
| 23 | training program for authorized direct care staff to administer
| ||||||
| 24 | medications under the
supervision and monitoring of a | ||||||
| |||||||
| |||||||
| 1 | registered professional nurse.
This training program shall be | ||||||
| 2 | developed in consultation with professional
associations | ||||||
| 3 | representing (i) physicians licensed to practice medicine in | ||||||
| 4 | all
its branches, (ii) registered professional nurses, and | ||||||
| 5 | (iii) pharmacists.
| ||||||
| 6 | (b) For the purposes of this Section:
| ||||||
| 7 | "Authorized direct care staff" means non-licensed persons | ||||||
| 8 | who have
successfully completed a medication administration | ||||||
| 9 | training program
approved by the Department of Human Services | ||||||
| 10 | and conducted by a nurse-trainer.
This authorization is | ||||||
| 11 | specific to an individual receiving service in
a
specific | ||||||
| 12 | agency and does not transfer to another agency.
| ||||||
| 13 | "Medications" means oral and topical medications, insulin | ||||||
| 14 | in an injectable form, oxygen, epinephrine auto-injectors, and | ||||||
| 15 | vaginal and rectal creams and suppositories. "Oral" includes | ||||||
| 16 | inhalants and medications administered through enteral tubes, | ||||||
| 17 | utilizing aseptic technique. "Topical" includes eye, ear, and | ||||||
| 18 | nasal medications. Any controlled substances must be packaged | ||||||
| 19 | specifically for an identified individual. | ||||||
| 20 | "Insulin in an injectable form" means a subcutaneous | ||||||
| 21 | injection via an insulin pen pre-filled by the manufacturer. | ||||||
| 22 | Authorized direct care staff may administer insulin, as ordered | ||||||
| 23 | by a physician, advanced practice nurse, or physician | ||||||
| 24 | assistant, if: (i) the staff has successfully completed a | ||||||
| 25 | Department-approved advanced training program specific to | ||||||
| 26 | insulin administration developed in consultation with | ||||||
| |||||||
| |||||||
| 1 | professional associations listed in subsection (a) of this | ||||||
| 2 | Section, and (ii) the staff consults with the registered nurse, | ||||||
| 3 | prior to administration, of any insulin dose that is determined | ||||||
| 4 | based on a blood glucose test result. The authorized direct | ||||||
| 5 | care staff shall not: (i) calculate the insulin dosage needed | ||||||
| 6 | when the dose is dependent upon a blood glucose test result, or | ||||||
| 7 | (ii) administer insulin to individuals who require blood | ||||||
| 8 | glucose monitoring greater than 3 times daily, unless directed | ||||||
| 9 | to do so by the registered nurse. | ||||||
| 10 | "Nurse-trainer training program" means a standardized, | ||||||
| 11 | competency-based
medication administration train-the-trainer | ||||||
| 12 | program provided by the
Department of Human Services and | ||||||
| 13 | conducted by a Department of Human
Services master | ||||||
| 14 | nurse-trainer for the purpose of training nurse-trainers to
| ||||||
| 15 | train persons employed or under contract to provide direct care | ||||||
| 16 | or
treatment to individuals receiving services to administer
| ||||||
| 17 | medications and provide self-administration of medication | ||||||
| 18 | training to
individuals under the supervision and monitoring of | ||||||
| 19 | the nurse-trainer. The
program incorporates adult learning | ||||||
| 20 | styles, teaching strategies, classroom
management, and a | ||||||
| 21 | curriculum overview, including the ethical and legal
aspects of | ||||||
| 22 | supervising those administering medications.
| ||||||
| 23 | "Self-administration of medications" means an individual | ||||||
| 24 | administers
his or her own medications. To be considered | ||||||
| 25 | capable to self-administer
their own medication, individuals | ||||||
| 26 | must, at a minimum, be able to identify
their medication by | ||||||
| |||||||
| |||||||
| 1 | size, shape, or color, know when they should take
the | ||||||
| 2 | medication, and know the amount of medication to be taken each | ||||||
| 3 | time.
| ||||||
| 4 | "Training program" means a standardized medication | ||||||
| 5 | administration
training program approved by the Department of | ||||||
| 6 | Human Services and
conducted by a registered professional nurse | ||||||
| 7 | for the purpose of training
persons employed or under contract | ||||||
| 8 | to provide direct care or treatment to
individuals receiving | ||||||
| 9 | services to administer medications
and provide | ||||||
| 10 | self-administration of medication training to individuals | ||||||
| 11 | under
the delegation and supervision of a nurse-trainer. The | ||||||
| 12 | program incorporates
adult learning styles, teaching | ||||||
| 13 | strategies, classroom management,
curriculum overview, | ||||||
| 14 | including ethical-legal aspects, and standardized
| ||||||
| 15 | competency-based evaluations on administration of medications | ||||||
| 16 | and
self-administration of medication training programs.
| ||||||
| 17 | (c) Training and authorization of non-licensed direct care | ||||||
| 18 | staff by
nurse-trainers must meet the requirements of this | ||||||
| 19 | subsection.
| ||||||
| 20 | (1) Prior to training non-licensed direct care staff to | ||||||
| 21 | administer
medication, the nurse-trainer shall perform the | ||||||
| 22 | following for each
individual to whom medication will be | ||||||
| 23 | administered by non-licensed
direct care staff:
| ||||||
| 24 | (A) An assessment of the individual's health | ||||||
| 25 | history and
physical and mental status.
| ||||||
| 26 | (B) An evaluation of the medications prescribed.
| ||||||
| |||||||
| |||||||
| 1 | (2) Non-licensed authorized direct care staff shall | ||||||
| 2 | meet the
following criteria:
| ||||||
| 3 | (A) Be 18 years of age or older.
| ||||||
| 4 | (B) Have completed high school or have a high | ||||||
| 5 | school equivalency certificate.
| ||||||
| 6 | (C) Have demonstrated functional literacy.
| ||||||
| 7 | (D) Have satisfactorily completed the Health and | ||||||
| 8 | Safety
component of a Department of Human Services | ||||||
| 9 | authorized
direct care staff training program.
| ||||||
| 10 | (E) Have successfully completed the training | ||||||
| 11 | program,
pass the written portion of the comprehensive | ||||||
| 12 | exam, and score
100% on the competency-based | ||||||
| 13 | assessment specific to the
individual and his or her | ||||||
| 14 | medications.
| ||||||
| 15 | (F) Have received additional competency-based | ||||||
| 16 | assessment
by the nurse-trainer as deemed necessary by | ||||||
| 17 | the nurse-trainer
whenever a change of medication | ||||||
| 18 | occurs or a new individual
that requires medication | ||||||
| 19 | administration enters the program.
| ||||||
| 20 | (3) Authorized direct care staff shall be re-evaluated | ||||||
| 21 | by a
nurse-trainer at least annually or more frequently at | ||||||
| 22 | the discretion of
the registered professional nurse. Any | ||||||
| 23 | necessary retraining shall be
to the extent that is | ||||||
| 24 | necessary to ensure competency of the authorized
direct | ||||||
| 25 | care staff to administer medication.
| ||||||
| 26 | (4) Authorization of direct care staff to administer | ||||||
| |||||||
| |||||||
| 1 | medication
shall be revoked if, in the opinion of the | ||||||
| 2 | registered professional nurse,
the authorized direct care | ||||||
| 3 | staff is no longer competent to administer
medication.
| ||||||
| 4 | (5) The registered professional nurse shall assess an
| ||||||
| 5 | individual's health status at least annually or more | ||||||
| 6 | frequently at the
discretion of the registered | ||||||
| 7 | professional nurse.
| ||||||
| 8 | (d) Medication self-administration shall meet the | ||||||
| 9 | following
requirements:
| ||||||
| 10 | (1) As part of the normalization process, in order for | ||||||
| 11 | each
individual to attain the highest possible level of | ||||||
| 12 | independent
functioning, all individuals shall be | ||||||
| 13 | permitted to participate in their
total health care | ||||||
| 14 | program. This program shall include, but not be
limited to, | ||||||
| 15 | individual training in preventive health and | ||||||
| 16 | self-medication
procedures.
| ||||||
| 17 | (A) Every program shall adopt written policies and
| ||||||
| 18 | procedures for assisting individuals in obtaining | ||||||
| 19 | preventative
health and self-medication skills in | ||||||
| 20 | consultation with a
registered professional nurse, | ||||||
| 21 | advanced practice nurse,
physician assistant, or | ||||||
| 22 | physician licensed to practice medicine
in all its | ||||||
| 23 | branches.
| ||||||
| 24 | (B) Individuals shall be evaluated to determine | ||||||
| 25 | their
ability to self-medicate by the nurse-trainer | ||||||
| 26 | through the use of
the Department's required, | ||||||
| |||||||
| |||||||
| 1 | standardized screening and assessment
instruments.
| ||||||
| 2 | (C) When the results of the screening and | ||||||
| 3 | assessment
indicate an individual not to be capable to | ||||||
| 4 | self-administer his or her
own medications, programs | ||||||
| 5 | shall be developed in consultation
with the Community | ||||||
| 6 | Support Team or Interdisciplinary
Team to provide | ||||||
| 7 | individuals with self-medication
administration.
| ||||||
| 8 | (2) Each individual shall be presumed to be competent | ||||||
| 9 | to self-administer
medications if:
| ||||||
| 10 | (A) authorized by an order of a physician licensed | ||||||
| 11 | to
practice medicine in all its branches; and
| ||||||
| 12 | (B) approved to self-administer medication by the
| ||||||
| 13 | individual's Community Support Team or
| ||||||
| 14 | Interdisciplinary Team, which includes a registered
| ||||||
| 15 | professional nurse or an advanced practice nurse.
| ||||||
| 16 | (e) Quality Assurance.
| ||||||
| 17 | (1) A registered professional nurse, advanced practice | ||||||
| 18 | nurse,
licensed practical nurse, physician licensed to | ||||||
| 19 | practice medicine in all
its branches, physician | ||||||
| 20 | assistant, or pharmacist shall review the
following for all | ||||||
| 21 | individuals:
| ||||||
| 22 | (A) Medication orders.
| ||||||
| 23 | (B) Medication labels, including medications | ||||||
| 24 | listed on
the medication administration record for | ||||||
| 25 | persons who are not
self-medicating to ensure the | ||||||
| 26 | labels match the orders issued by
the physician | ||||||
| |||||||
| |||||||
| 1 | licensed to practice medicine in all its branches,
| ||||||
| 2 | advanced practice nurse, or physician assistant.
| ||||||
| 3 | (C) Medication administration records for persons | ||||||
| 4 | who
are not self-medicating to ensure that the records | ||||||
| 5 | are completed
appropriately for:
| ||||||
| 6 | (i) medication administered as prescribed;
| ||||||
| 7 | (ii) refusal by the individual; and
| ||||||
| 8 | (iii) full signatures provided for all | ||||||
| 9 | initials used.
| ||||||
| 10 | (2) Reviews shall occur at least quarterly, but may be | ||||||
| 11 | done
more frequently at the discretion of the registered | ||||||
| 12 | professional nurse
or advanced practice nurse.
| ||||||
| 13 | (3) A quality assurance review of medication errors and | ||||||
| 14 | data
collection for the purpose of monitoring and | ||||||
| 15 | recommending
corrective action shall be conducted within 7 | ||||||
| 16 | days and included in the
required annual review.
| ||||||
| 17 | (f) Programs using authorized direct care
staff to | ||||||
| 18 | administer medications are responsible for documenting and | ||||||
| 19 | maintaining
records
on the training that is completed.
| ||||||
| 20 | (g) The absence of this training program constitutes a | ||||||
| 21 | threat to the
public interest,
safety, and welfare and | ||||||
| 22 | necessitates emergency rulemaking by
the Departments of Human | ||||||
| 23 | Services and
Public Health
under Section 5-45
of
the
Illinois | ||||||
| 24 | Administrative Procedure Act.
| ||||||
| 25 | (h) Direct care staff who fail to qualify for delegated | ||||||
| 26 | authority to
administer medications pursuant to the provisions | ||||||
| |||||||
| |||||||
| 1 | of this Section shall be
given
additional education and testing | ||||||
| 2 | to meet criteria for
delegation authority to administer | ||||||
| 3 | medications.
Any direct care staff person who fails to qualify | ||||||
| 4 | as an authorized direct care
staff
after initial training and | ||||||
| 5 | testing must within 3 months be given another
opportunity for | ||||||
| 6 | retraining and retesting. A direct care staff person who fails
| ||||||
| 7 | to
meet criteria for delegated authority to administer | ||||||
| 8 | medication, including, but
not limited to, failure of the | ||||||
| 9 | written test on 2 occasions shall be given
consideration for | ||||||
| 10 | shift transfer or reassignment, if possible. No employee
shall | ||||||
| 11 | be terminated for failure to qualify during the 3-month time | ||||||
| 12 | period
following initial testing. Refusal to complete training | ||||||
| 13 | and testing required
by this Section may be grounds for | ||||||
| 14 | immediate dismissal.
| ||||||
| 15 | (i) No authorized direct care staff person delegated to | ||||||
| 16 | administer
medication shall be subject to suspension or | ||||||
| 17 | discharge for errors
resulting from the staff
person's acts or | ||||||
| 18 | omissions when performing the functions unless the staff
| ||||||
| 19 | person's actions or omissions constitute willful and wanton | ||||||
| 20 | conduct.
Nothing in this subsection is intended to supersede | ||||||
| 21 | paragraph (4) of subsection
(c).
| ||||||
| 22 | (j) A registered professional nurse, advanced practice | ||||||
| 23 | nurse,
physician licensed to practice medicine in all its | ||||||
| 24 | branches, or physician
assistant shall be on
duty or
on call at | ||||||
| 25 | all times in any program covered by this Section.
| ||||||
| 26 | (k) The employer shall be responsible for maintaining | ||||||
| |||||||
| |||||||
| 1 | liability insurance
for any program covered by this Section.
| ||||||
| 2 | (l) Any direct care staff person who qualifies as | ||||||
| 3 | authorized direct care
staff pursuant to this Section shall be | ||||||
| 4 | granted consideration for a one-time
additional
salary | ||||||
| 5 | differential. The Department shall determine and provide the | ||||||
| 6 | necessary
funding for
the differential in the base. This | ||||||
| 7 | subsection (l) is inoperative on and after
June 30, 2000.
| ||||||
| 8 | (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; | ||||||
| 9 | revised 10-2-14.)
| ||||||
| 10 | (20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100-18.2)
| ||||||
| 11 | Sec. 18.2.
Integrated system for services for persons with | ||||||
| 12 | developmental disabilities developmentally
disabled. The | ||||||
| 13 | Department shall develop an effective, integrated system for
| ||||||
| 14 | delivering State-funded and State-operated services to persons | ||||||
| 15 | with
developmental disabilities. No later than June 30, 1993, | ||||||
| 16 | the Department
shall enter into one or more co-operative | ||||||
| 17 | arrangements with the Department
of Public Aid, the Department | ||||||
| 18 | of Rehabilitation Services, the Department of
Public Health, | ||||||
| 19 | and any other appropriate entities for administration or
| ||||||
| 20 | supervision by the Department of Mental Health and | ||||||
| 21 | Developmental
Disabilities of all State programs for services | ||||||
| 22 | to persons in community
care facilities for persons with | ||||||
| 23 | developmental disabilities, including but
not limited to | ||||||
| 24 | intermediate care facilities, that are supported by State
funds | ||||||
| 25 | or by funding under Title XIX of the federal Social Security | ||||||
| |||||||
| |||||||
| 1 | Act.
The Department of Human Services shall succeed to the | ||||||
| 2 | responsibilities of the
Department of Mental Health and | ||||||
| 3 | Developmental Disabilities and the Department
of | ||||||
| 4 | Rehabilitation Services under any such cooperative arrangement | ||||||
| 5 | in existence
on July 1, 1997.
| ||||||
| 6 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 7 | (20 ILCS 1705/21.2) (from Ch. 91 1/2, par. 100-21.2)
| ||||||
| 8 | Sec. 21.2.
The Fund for Persons with Developmental | ||||||
| 9 | Disabilities the Developmentally Disabled,
heretofore created | ||||||
| 10 | as a special fund in the State Treasury under repealed
Section | ||||||
| 11 | 5-119 of the Mental Health and Developmental Disabilities Code, | ||||||
| 12 | is
continued under this Section. The Secretary may accept | ||||||
| 13 | moneys
from any
source for deposit into the Fund. The moneys in | ||||||
| 14 | the Fund shall be used by
the Department, subject to | ||||||
| 15 | appropriation, for the purpose of providing for
the care, | ||||||
| 16 | support and treatment of low-income persons with a | ||||||
| 17 | developmental
disability, or low-income persons otherwise | ||||||
| 18 | eligible for Department services,
as defined by the Department.
| ||||||
| 19 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
| 20 | (20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100-33.3)
| ||||||
| 21 | Sec. 33.3. (a) The Department may
develop an annual plan | ||||||
| 22 | for staff training. The plan
shall establish minimum training | ||||||
| 23 | objectives and time frames and shall be
based on the assessment | ||||||
| 24 | of needs of direct treatment staff. The plan shall
be developed | ||||||
| |||||||
| |||||||
| 1 | using comments from employee representative organizations and
| ||||||
| 2 | State and national professional and advocacy
groups. The | ||||||
| 3 | training plan shall be available for public review and comment.
| ||||||
| 4 | (b) A centralized pre-service training curriculum shall be | ||||||
| 5 | developed
for classifications of employees of State-operated
| ||||||
| 6 | facilities who have responsibility for direct patient care and | ||||||
| 7 | whose
professional training and experience does not | ||||||
| 8 | substantially include the
minimum training required under this | ||||||
| 9 | Section, as determined by the
Department.
The plan shall | ||||||
| 10 | address, at a minimum, the following areas:
| ||||||
| 11 | (1) Crisis intervention;
| ||||||
| 12 | (2) Communication (interpersonal theory, active | ||||||
| 13 | listening and observing);
| ||||||
| 14 | (3) Group process and group dynamics;
| ||||||
| 15 | (4) Diagnosis, management, treatment and discharge | ||||||
| 16 | planning;
| ||||||
| 17 | (5) Psychotherapeutic and psychopharmacological | ||||||
| 18 | psychosocial approaches;
| ||||||
| 19 | (6) Community resources;
| ||||||
| 20 | (7) Specialized skills for: long-term treatment, | ||||||
| 21 | teaching activities of
daily living skills (e.g., | ||||||
| 22 | grooming), psychosocial rehabilitation, and
schizophrenia | ||||||
| 23 | and the aged, dual-diagnosed, young, and chronic;
| ||||||
| 24 | (8) The Mental Health and Developmental Disabilities | ||||||
| 25 | Code;
| ||||||
| 26 | (9) The Mental Health and Developmental Disabilities | ||||||
| |||||||
| |||||||
| 1 | Confidentiality Act;
| ||||||
| 2 | (10) Physical intervention techniques;
| ||||||
| 3 | (11) Aggression management;
| ||||||
| 4 | (12) Cardiopulmonary resuscitation;
| ||||||
| 5 | (13) Social assessment training;
| ||||||
| 6 | (14) Suicide prevention and intervention;
| ||||||
| 7 | (15) Tardive dyskinesia;
| ||||||
| 8 | (16) Fire safety;
| ||||||
| 9 | (17) Acquired immunodeficiency syndrome (AIDS);
| ||||||
| 10 | (18) Toxic substances;
| ||||||
| 11 | (19) The detection and reporting of suspected | ||||||
| 12 | recipient abuse and neglect; and
| ||||||
| 13 | (20) Methods of avoiding or reducing injuries in | ||||||
| 14 | connection with delivery of services.
| ||||||
| 15 | (c) Each program shall establish a unit-specific | ||||||
| 16 | orientation which
details the types of patients served, rules, | ||||||
| 17 | treatment strategies,
response to medical emergencies, | ||||||
| 18 | policies and procedures, seclusion,
restraint for special need | ||||||
| 19 | recipients, and community resources.
| ||||||
| 20 | (d) The plan shall provide for in-service and any other | ||||||
| 21 | necessary
training for direct service staff and shall include a | ||||||
| 22 | system for verification of
completion. Pre-service training | ||||||
| 23 | shall be completed within 6 months after
beginning employment, | ||||||
| 24 | as a condition of continued employment and as a
prerequisite to | ||||||
| 25 | contact with recipients of services, except in the
course of | ||||||
| 26 | supervised on-the-job training that may be a component of the
| ||||||
| |||||||
| |||||||
| 1 | training plan. The plan may also require additional
training in | ||||||
| 2 | relation to
changes in employee work assignments and job | ||||||
| 3 | classifications of professional and direct
service staff.
| ||||||
| 4 | Direct care staff shall be trained in methods of | ||||||
| 5 | communicating with
recipients who are not verbal, including | ||||||
| 6 | discerning signs of discomfort or
medical problems experienced | ||||||
| 7 | by a recipient. Facility administrators also
shall receive such | ||||||
| 8 | training, to ensure that facility operations are adapted
to the | ||||||
| 9 | needs of recipients with mental disabilities mentally disabled | ||||||
| 10 | recipients.
| ||||||
| 11 | (e) To facilitate training, the Department may develop
at | ||||||
| 12 | least 2 training offices, one serving State-operated | ||||||
| 13 | facilities
located in the Chicago metropolitan area and the | ||||||
| 14 | second serving other
facilities operated by the Department. | ||||||
| 15 | These offices shall develop and
conduct the pre-service and | ||||||
| 16 | in-service training programs required by this
Section and | ||||||
| 17 | coordinate other training required by the Department.
| ||||||
| 18 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 19 | (20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
| ||||||
| 20 | Sec. 43.
To provide habilitation and care for persons with | ||||||
| 21 | an intellectual disability the intellectually disabled and | ||||||
| 22 | persons
with a developmental disability and counseling for | ||||||
| 23 | their families in accordance
with programs established and | ||||||
| 24 | conducted by the Department.
| ||||||
| 25 | In assisting families to place such persons in need of care | ||||||
| |||||||
| |||||||
| 1 | in licensed
facilities for persons with an intellectual | ||||||
| 2 | disability the intellectually disabled and persons with a | ||||||
| 3 | developmental
disability, the Department may supplement the | ||||||
| 4 | amount a family is
able to pay, as determined by the Department | ||||||
| 5 | in accordance with Sections
5-105 through 5-116 of the "Mental | ||||||
| 6 | Health and Developmental Disabilities Code"
as amended, and the | ||||||
| 7 | amount available from other sources. The Department shall
have | ||||||
| 8 | the authority to determine eligibility for placement of a | ||||||
| 9 | person in a
private facility.
| ||||||
| 10 | Whenever a person with an intellectual disability an | ||||||
| 11 | intellectually disabled person or a client is placed in a
| ||||||
| 12 | private facility pursuant to this Section, such private | ||||||
| 13 | facility must
give the Department and the person's guardian or | ||||||
| 14 | nearest relative, at
least 30 days' notice in writing before | ||||||
| 15 | such person may be discharged or
transferred from the private | ||||||
| 16 | facility, except in an emergency.
| ||||||
| 17 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 18 | (20 ILCS 1705/46) (from Ch. 91 1/2, par. 100-46)
| ||||||
| 19 | Sec. 46.
Separation between the sexes shall be maintained | ||||||
| 20 | relative to
sleeping quarters in each facility under the | ||||||
| 21 | jurisdiction of the Department,
except in relation to quarters | ||||||
| 22 | for children with intellectual disabilities intellectually | ||||||
| 23 | disabled children under age 6
and quarters for persons with | ||||||
| 24 | intellectual disabilities that are severely-profound | ||||||
| 25 | severely-profoundly intellectually disabled persons and
| ||||||
| |||||||
| |||||||
| 1 | nonambulatory persons with intellectual disabilities | ||||||
| 2 | nonambulatory intellectually disabled persons, regardless of | ||||||
| 3 | age.
| ||||||
| 4 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 5 | (20 ILCS 1705/54.5) | ||||||
| 6 | Sec. 54.5. Community care for persons with developmental | ||||||
| 7 | disabilities the developmentally disabled quality workforce | ||||||
| 8 | initiative. | ||||||
| 9 | (a) Legislative intent. Individuals with developmental | ||||||
| 10 | disabilities who live in community-based settings rely on | ||||||
| 11 | direct support staff for a variety of supports and services | ||||||
| 12 | essential to the ability to reach their full potential. A | ||||||
| 13 | stable, well-trained direct support workforce is critical to | ||||||
| 14 | the well-being of these individuals. State and national studies | ||||||
| 15 | have documented high rates of turnover among direct support | ||||||
| 16 | workers and confirmed that improvements in wages can help | ||||||
| 17 | reduce turnover and develop a more stable and committed | ||||||
| 18 | workforce. This Section would increase the wages and benefits | ||||||
| 19 | for direct care workers supporting individuals with | ||||||
| 20 | developmental disabilities and provide accountability by | ||||||
| 21 | ensuring that additional resources go directly to these | ||||||
| 22 | workers. | ||||||
| 23 | (b) Reimbursement. In order to attract and retain a stable, | ||||||
| 24 | qualified, and healthy workforce, beginning July 1, 2010, the | ||||||
| 25 | Department of Human Services may reimburse an individual | ||||||
| |||||||
| |||||||
| 1 | community service provider serving individuals with | ||||||
| 2 | developmental disabilities for spending incurred to provide | ||||||
| 3 | improved wages and benefits to its employees serving | ||||||
| 4 | individuals with developmental disabilities developmentally | ||||||
| 5 | disabled individuals. Reimbursement shall be based upon the | ||||||
| 6 | provider's most recent cost report. Subject to available | ||||||
| 7 | appropriations, this reimbursement shall be made according to | ||||||
| 8 | the following criteria: | ||||||
| 9 | (1) The Department shall reimburse the provider to | ||||||
| 10 | compensate for spending on improved wages and benefits for | ||||||
| 11 | its eligible employees. Eligible employees include | ||||||
| 12 | employees engaged in direct care work. | ||||||
| 13 | (2) In order to qualify for reimbursement under this | ||||||
| 14 | Section, a provider must submit to the Department, before | ||||||
| 15 | January 1 of each year, documentation of a written, legally | ||||||
| 16 | binding commitment to increase spending for the purpose of | ||||||
| 17 | providing improved wages and benefits to its eligible | ||||||
| 18 | employees during the next year. The commitment must be | ||||||
| 19 | binding as to both existing and future staff. The | ||||||
| 20 | commitment must include a method of enforcing the | ||||||
| 21 | commitment that is available to the employees or their | ||||||
| 22 | representative and is expeditious, uses a neutral | ||||||
| 23 | decision-maker, and is economical for the employees. The | ||||||
| 24 | Department must also receive documentation of the | ||||||
| 25 | provider's provision of written notice of the commitment | ||||||
| 26 | and the availability of the enforcement mechanism to the | ||||||
| |||||||
| |||||||
| 1 | employees or their representative. | ||||||
| 2 | (3) Reimbursement shall be based on the amount of | ||||||
| 3 | increased spending to be incurred by the provider for | ||||||
| 4 | improving wages and benefits that exceeds the spending | ||||||
| 5 | reported in the cost report currently used by the | ||||||
| 6 | Department. Reimbursement shall be calculated as follows: | ||||||
| 7 | the per diem equivalent of the quarterly difference between | ||||||
| 8 | the cost to provide improved wages and benefits for covered | ||||||
| 9 | eligible employees as identified in the legally binding | ||||||
| 10 | commitment and the previous period cost of wages and | ||||||
| 11 | benefits as reported in the cost report currently used by | ||||||
| 12 | the Department, subject to the limitations identified in | ||||||
| 13 | paragraph (2) of this subsection. In no event shall the per | ||||||
| 14 | diem increase be in excess of $7.00 for any 12 month | ||||||
| 15 | period, or in excess of $8.00 for any 12 month period for | ||||||
| 16 | community-integrated living arrangements with 4 beds or | ||||||
| 17 | less. For purposes of this Section, "community-integrated | ||||||
| 18 | living arrangement" has the same meaning ascribed to that | ||||||
| 19 | term in the Community-Integrated Living Arrangements | ||||||
| 20 | Licensure and Certification Act. | ||||||
| 21 | (4) Any community service provider is eligible to | ||||||
| 22 | receive reimbursement under this Section. A provider's | ||||||
| 23 | eligibility to receive reimbursement shall continue as | ||||||
| 24 | long as the provider maintains eligibility under paragraph | ||||||
| 25 | (2) of this subsection and the reimbursement program | ||||||
| 26 | continues to exist. | ||||||
| |||||||
| |||||||
| 1 | (c) Audit. Reimbursement under this Section is subject to | ||||||
| 2 | audit by the Department and shall be reduced or eliminated in | ||||||
| 3 | the case of any provider that does not honor its commitment to | ||||||
| 4 | increase spending to improve the wages and benefits of its | ||||||
| 5 | employees or that decreases such spending.
| ||||||
| 6 | (Source: P.A. 96-1124, eff. 7-20-10.)
| ||||||
| 7 | (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
| ||||||
| 8 | Sec. 66. Domestic abuse of adults with disabilities | ||||||
| 9 | disabled adults. Pursuant to the
Abuse
of Adults with | ||||||
| 10 | Disabilities
Intervention Act, the Department
shall
have the | ||||||
| 11 | authority to provide developmental disability or mental health
| ||||||
| 12 | services in state-operated facilities or through Department | ||||||
| 13 | supported community
agencies to eligible adults in | ||||||
| 14 | substantiated cases of abuse, neglect or
exploitation on a | ||||||
| 15 | priority basis and to waive current eligibility
requirements in | ||||||
| 16 | an emergency pursuant to the Abuse of
Adults with Disabilities | ||||||
| 17 | Intervention Act. This Section shall not be
interpreted to be | ||||||
| 18 | in
conflict with standards for admission to residential | ||||||
| 19 | facilities as provided
in the Mental Health and Developmental | ||||||
| 20 | Disabilities Code.
| ||||||
| 21 | (Source: P.A. 91-671, eff. 7-1-00.)
| ||||||
| 22 | Section 180. The Military Code of Illinois is amended by | ||||||
| 23 | changing Sections 28.6 and 52 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 1805/28.6)
| ||||||
| 2 | Sec. 28.6. Policy.
| ||||||
| 3 | (a) A member of the Army National Guard or the Air National
| ||||||
| 4 | Guard may be ordered to funeral honors duty in accordance
with | ||||||
| 5 | this Article. That member shall receive an allowance
of $100 | ||||||
| 6 | for any day on which a minimum of 2 hours of funeral
honors | ||||||
| 7 | duty is performed. Members of the Illinois National
Guard | ||||||
| 8 | ordered to funeral honors duty in accordance with
this Article | ||||||
| 9 | are considered to be in the active service of
the State for all | ||||||
| 10 | purposes except for pay, and the
provisions of Sections 52, 53, | ||||||
| 11 | 54, 55, and 56 of the
Military Code of Illinois apply if a | ||||||
| 12 | member of the
Illinois National Guard is injured or becomes a | ||||||
| 13 | person with a disability disabled in
the course of those | ||||||
| 14 | duties.
| ||||||
| 15 | (b) The Adjutant General may provide support for other
| ||||||
| 16 | authorized providers who volunteer to participate in a
funeral | ||||||
| 17 | honors detail conducted on behalf of the Governor.
This support | ||||||
| 18 | is limited to transportation, reimbursement
for | ||||||
| 19 | transportation, expenses, materials, and training.
| ||||||
| 20 | (c) On or after July 1, 2006, if the Adjutant General | ||||||
| 21 | determines that Illinois
National Guard personnel are not | ||||||
| 22 | available to perform military funeral
honors in accordance with | ||||||
| 23 | this Article, the Adjutant General may authorize another | ||||||
| 24 | appropriate organization to provide one or more of its members | ||||||
| 25 | to perform those honors and, subject to appropriations for that | ||||||
| 26 | purpose, shall authorize the payment of a $100 stipend to the | ||||||
| |||||||
| |||||||
| 1 | organization.
| ||||||
| 2 | (Source: P.A. 94-251, eff. 1-1-06; 94-359, eff. 7-1-06; 95-331, | ||||||
| 3 | eff. 8-21-07.)
| ||||||
| 4 | (20 ILCS 1805/52) (from Ch. 129, par. 220.52)
| ||||||
| 5 | Sec. 52. Injured personnel or personnel with a disability | ||||||
| 6 | or disabled personnel; treatment; compensation. Officers, | ||||||
| 7 | warrant officers, or enlisted personnel of the Illinois | ||||||
| 8 | National Guard who may be injured in any way, including without | ||||||
| 9 | limitation through illness, while on duty and lawfully | ||||||
| 10 | performing the same, are entitled to be treated by an officer | ||||||
| 11 | of the medical or dental department detailed by the Adjutant | ||||||
| 12 | General, or at the nearest appropriate medical treatment | ||||||
| 13 | facility if such an officer is not detailed. Officers, warrant | ||||||
| 14 | officers, or enlisted personnel of the
Illinois National Guard | ||||||
| 15 | who may be wounded or
disabled in any way, while on duty and | ||||||
| 16 | lawfully performing the same, so
as to prevent their working at | ||||||
| 17 | their profession, trade, or other
occupation from which they | ||||||
| 18 | gain their living, are entitled to be treated
by an officer of | ||||||
| 19 | the medical or dental department detailed by the
Adjutant | ||||||
| 20 | General, or at the nearest appropriate medical treatment | ||||||
| 21 | facility if such an officer is not detailed, and, as long as | ||||||
| 22 | the Illinois National Guard has not
been called into federal | ||||||
| 23 | service, are entitled to all privileges due
them as State | ||||||
| 24 | employees under the "Workers' Compensation Act", approved
July | ||||||
| 25 | 9, 1951, as now or hereafter amended, and the "Workers'
| ||||||
| |||||||
| |||||||
| 1 | Occupational Diseases Act", approved July 9, 1951, as now or | ||||||
| 2 | hereafter
amended. For purposes of this Section, injured, | ||||||
| 3 | wounded, or disabled "while on duty and lawfully performing the | ||||||
| 4 | same" means incurring an injury, wound, or disability while in | ||||||
| 5 | a State military status pursuant to orders of the | ||||||
| 6 | Commander-in-Chief, except when the injury, wound, or | ||||||
| 7 | disability is caused by the officer's, warrant officer's, or | ||||||
| 8 | enlisted personnel's own misconduct.
| ||||||
| 9 | (Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
| ||||||
| 10 | Section 185. The State Guard Act is amended by changing | ||||||
| 11 | Section 16 as follows:
| ||||||
| 12 | (20 ILCS 1815/16) (from Ch. 129, par. 244)
| ||||||
| 13 | Sec. 16.
Any officer or warrant officer, who becomes a | ||||||
| 14 | person with a disability becoming disabled from wounds,
| ||||||
| 15 | injuries or illness, so as to prevent him from active service | ||||||
| 16 | thereafter,
shall, on recommendation of a retirement board of | ||||||
| 17 | three officers, two of
whom shall be medical officers, be | ||||||
| 18 | placed upon the retired list in his
grade at time of | ||||||
| 19 | retirement.
| ||||||
| 20 | (Source: Laws 1951, p. 1999.)
| ||||||
| 21 | Section 190. The Abandoned Mined Lands and Water | ||||||
| 22 | Reclamation Act is amended by changing Section 2.08 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)
| ||||||
| 2 | Sec. 2.08. Special reclamation programs.
| ||||||
| 3 | (a) In addition to the authority to acquire land under | ||||||
| 4 | Section 2.06, the
Department may use funds provided under the | ||||||
| 5 | Federal Act to
acquire land by purchase, donation, or | ||||||
| 6 | condemnation, to reclaim such acquired
land and retain
the land | ||||||
| 7 | or transfer title to it to a political subdivision or to any | ||||||
| 8 | person,
firm, association, or corporation, if the Department | ||||||
| 9 | determines
that such is an integral and necessary element of an | ||||||
| 10 | economically feasible plan
for the project to construct or | ||||||
| 11 | rehabilitate housing for persons who have a disability disabled | ||||||
| 12 | as
the result of employment in the mines or work incidental | ||||||
| 13 | thereto, persons
displaced by acquisition of land under Section | ||||||
| 14 | 2.06, or persons dislocated
as the result of adverse effects of | ||||||
| 15 | mining practices which constitute an
emergency as provided in | ||||||
| 16 | the Federal Act or persons dislocated as the result
of natural | ||||||
| 17 | disasters or catastrophic failures from any cause. No part of
| ||||||
| 18 | the funds provided under this Section may be used to pay the | ||||||
| 19 | actual
construction costs of housing.
| ||||||
| 20 | (b) Use of funds under this Section shall be subject to | ||||||
| 21 | requirements under
the Federal Act with respect to such | ||||||
| 22 | projects.
| ||||||
| 23 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 24 | Section 195. The Department of Public Health Act is amended | ||||||
| 25 | by changing Section 4 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2305/4) (from Ch. 111 1/2, par. 22.02)
| ||||||
| 2 | Sec. 4.
No otherwise qualified child with a disability | ||||||
| 3 | handicapped child receiving special education
and related | ||||||
| 4 | services under Article 14 of The School Code shall solely by
| ||||||
| 5 | reason of his or her disability handicap be excluded from the | ||||||
| 6 | participation in or be
denied the benefits of or be subjected | ||||||
| 7 | to discrimination under any program
or activity provided by the | ||||||
| 8 | Department.
| ||||||
| 9 | (Source: P.A. 80-1403.)
| ||||||
| 10 | Section 200. The Department of Public Health Powers and | ||||||
| 11 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 12 | amended by changing Section 2310-680 as follows:
| ||||||
| 13 | (20 ILCS 2310/2310-680) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2016) | ||||||
| 15 | Sec. 2310-680. Multiple Sclerosis Task Force. | ||||||
| 16 | (a) The General Assembly finds and declares the following: | ||||||
| 17 | (1) Multiple sclerosis (MS) is a chronic, often | ||||||
| 18 | disabling, disease that
attacks the central nervous | ||||||
| 19 | system, which is comprised of the brain, spinal
cord, and | ||||||
| 20 | optic nerves. MS is the number one disabling disease among | ||||||
| 21 | young adults, striking in the prime of life. It is a | ||||||
| 22 | disease in which the body, through its immune
system, | ||||||
| 23 | launches a defensive and damaging attack against its own | ||||||
| |||||||
| |||||||
| 1 | tissues. MS
damages the nerve-insulating myelin sheath | ||||||
| 2 | that surrounds and protects the
brain. The damage to the | ||||||
| 3 | myelin sheath slows down or blocks messages between
the | ||||||
| 4 | brain and the body. | ||||||
| 5 | (2) Most people experience their first symptoms of MS | ||||||
| 6 | between the ages of
20 and 40, but MS can appear in young | ||||||
| 7 | children and teens as well as much older adults. MS | ||||||
| 8 | symptoms can include visual disturbances, muscle weakness,
| ||||||
| 9 | trouble with coordination and balance, sensations such as | ||||||
| 10 | numbness, prickling or
pins and needles, and thought and | ||||||
| 11 | memory problems. MS patients can also
experience partial or | ||||||
| 12 | complete paralysis, speech impediments, tremors,
| ||||||
| 13 | dizziness, stiffness and spasms, fatigue, paresthesias, | ||||||
| 14 | pain, and loss of
sensation. | ||||||
| 15 | (3) The cause of MS remains unknown; however, having a | ||||||
| 16 | first-degree
relative, such as a parent or sibling, with MS | ||||||
| 17 | significantly increases a
person's risk of developing the | ||||||
| 18 | disease. According to the National Institute of
| ||||||
| 19 | Neurological Disorders and Stroke, it is estimated that | ||||||
| 20 | there are approximately
250,000 to 350,000 persons in the | ||||||
| 21 | United States who are diagnosed with MS. This
estimate | ||||||
| 22 | suggests that approximately 200 new cases are diagnosed | ||||||
| 23 | each week. Other sources report a population of at least | ||||||
| 24 | 400,000 in the United States. The estimate of persons with | ||||||
| 25 | MS in Illinois is 20,000, with at least 2 areas of MS | ||||||
| 26 | clusters identified in Illinois. | ||||||
| |||||||
| |||||||
| 1 | (4) Presently, there is no cure for MS. The complex and | ||||||
| 2 | variable nature of the disease makes it very difficult to | ||||||
| 3 | diagnose, treat, and research. The cost to the family, | ||||||
| 4 | often with young children, can be overwhelming. Among | ||||||
| 5 | common diagnoses, non-stroke neurologic illnesses, such as | ||||||
| 6 | multiple sclerosis, were associated with the highest | ||||||
| 7 | out-of-pocket expenditures (a mean of $34,167), followed | ||||||
| 8 | by diabetes ($26,971), injuries ($25,096), stroke | ||||||
| 9 | ($23,380), mental illnesses ($23,178), and heart disease | ||||||
| 10 | ($21,955). Median out-of-pocket costs for health care | ||||||
| 11 | among people with MS, excluding insurance premiums, were | ||||||
| 12 | almost twice as much as the general population. The costs | ||||||
| 13 | associated with MS increase with greater disability. Costs | ||||||
| 14 | for individuals with a severe disability severely disabled | ||||||
| 15 | individuals are more than twice those for persons with a | ||||||
| 16 | relatively mild form of the disease. A recent study of | ||||||
| 17 | medical bankruptcy found that 62.1% of all personal | ||||||
| 18 | bankruptcies in the United States were related to medical | ||||||
| 19 | costs. | ||||||
| 20 | (5) Therefore, it is in the public interest for the | ||||||
| 21 | State to establish a
Multiple Sclerosis Task Force in order | ||||||
| 22 | to identify and address the unmet needs
of persons with MS | ||||||
| 23 | and develop ways to enhance their quality of life. | ||||||
| 24 | (b) There is established the Multiple Sclerosis Task Force
| ||||||
| 25 | in the Department of Public Health. The purpose of the Task | ||||||
| 26 | Force shall be to: | ||||||
| |||||||
| |||||||
| 1 | (1) develop strategies to identify and address the | ||||||
| 2 | unmet needs of persons
with MS in order to enhance the | ||||||
| 3 | quality of life of persons with MS by maximizing
| ||||||
| 4 | productivity and independence and addressing emotional, | ||||||
| 5 | social, financial, and vocational
challenges of persons | ||||||
| 6 | with MS; | ||||||
| 7 | (2) develop strategies to provide persons with MS | ||||||
| 8 | greater access to
various treatments and other therapeutic | ||||||
| 9 | options that may be available; and | ||||||
| 10 | (3) develop strategies to improve multiple sclerosis | ||||||
| 11 | education and awareness. | ||||||
| 12 | (c) The Task Force shall consist of 16 members as follows: | ||||||
| 13 | (1) the Director of Public Health and the Director of | ||||||
| 14 | Human Services,
or their designees, who shall serve ex | ||||||
| 15 | officio; and | ||||||
| 16 | (2) fourteen public members, who shall be appointed by | ||||||
| 17 | the Director of Public Health as
follows: 2 neurologists | ||||||
| 18 | licensed to practice medicine in this State; 3 registered | ||||||
| 19 | nurses or other health professionals with MS certification | ||||||
| 20 | and extensive expertise with progressed MS; one
person upon | ||||||
| 21 | the recommendation of the National Multiple Sclerosis | ||||||
| 22 | Society; 3 persons who represent agencies that provide | ||||||
| 23 | services
or support to individuals with MS in this State; 3 | ||||||
| 24 | persons who have MS, at least one of whom having progressed | ||||||
| 25 | MS; and
2 members of the public with a demonstrated | ||||||
| 26 | expertise in issues relating to
the work of the Task Force. | ||||||
| |||||||
| |||||||
| 1 | Vacancies in the membership of the Task Force shall be | ||||||
| 2 | filled in the same
manner provided for in the original | ||||||
| 3 | appointments. | ||||||
| 4 | (d) The Task Force shall organize within 120 days following | ||||||
| 5 | the
appointment of a majority of its members and shall select a | ||||||
| 6 | chairperson and
vice-chairperson from among the members. The | ||||||
| 7 | chairperson shall appoint a
secretary who need not be a member | ||||||
| 8 | of the Task Force. | ||||||
| 9 | (e) The public members shall serve without compensation and | ||||||
| 10 | shall not be reimbursed for necessary expenses incurred in the
| ||||||
| 11 | performance of their duties unless funds
become available to | ||||||
| 12 | the Task Force. | ||||||
| 13 | (f) The Task Force may meet and hold hearings as it deems | ||||||
| 14 | appropriate. | ||||||
| 15 | (g) The Department of Public Health shall provide staff
| ||||||
| 16 | support to the Task Force. | ||||||
| 17 | (h) The Task Force shall report its findings and | ||||||
| 18 | recommendations to the
Governor and to the General Assembly, | ||||||
| 19 | along with any legislative bills that it desires to recommend
| ||||||
| 20 | for adoption by the General Assembly, no later than December | ||||||
| 21 | 31, 2015. | ||||||
| 22 | (i) The Task Force is abolished and this Section is | ||||||
| 23 | repealed on January 1, 2016.
| ||||||
| 24 | (Source: P.A. 98-530, eff. 8-23-13; 98-756, eff. 7-16-14.)
| ||||||
| 25 | Section 205. The Disabled Persons Rehabilitation Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Sections 0.01, 3, 5b, 10 and 13 as follows:
| ||||||
| 2 | (20 ILCS 2405/0.01) (from Ch. 23, par. 3429)
| ||||||
| 3 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
| 4 | Rehabilitation of Persons with Disabilities Disabled Persons | ||||||
| 5 | Rehabilitation Act.
| ||||||
| 6 | (Source: P.A. 86-1324.)
| ||||||
| 7 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| ||||||
| 8 | Sec. 3. Powers and duties. The Department shall have the | ||||||
| 9 | powers and
duties enumerated
herein:
| ||||||
| 10 | (a) To co-operate with the federal government in the | ||||||
| 11 | administration
of the provisions of the federal Rehabilitation | ||||||
| 12 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||
| 13 | 1998,
and of the federal Social Security Act to the extent and | ||||||
| 14 | in the manner
provided in these Acts.
| ||||||
| 15 | (b) To prescribe and supervise such courses of vocational | ||||||
| 16 | training
and provide such other services as may be necessary | ||||||
| 17 | for the habilitation
and rehabilitation of persons with one or | ||||||
| 18 | more disabilities, including the
administrative activities | ||||||
| 19 | under subsection (e) of this Section, and to
co-operate with | ||||||
| 20 | State and local school authorities and other recognized
| ||||||
| 21 | agencies engaged in habilitation, rehabilitation and | ||||||
| 22 | comprehensive
rehabilitation services; and to cooperate with | ||||||
| 23 | the Department of Children
and Family Services regarding the | ||||||
| 24 | care and education of children with one
or more disabilities.
| ||||||
| |||||||
| |||||||
| 1 | (c) (Blank).
| ||||||
| 2 | (d) To report in writing, to the Governor, annually on or | ||||||
| 3 | before the
first day of December, and at such other times and | ||||||
| 4 | in such manner and
upon such subjects as the Governor may | ||||||
| 5 | require. The annual report shall
contain (1) a statement of the | ||||||
| 6 | existing condition of comprehensive
rehabilitation services, | ||||||
| 7 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
| 8 | of suggestions and recommendations with reference to the
| ||||||
| 9 | development of comprehensive rehabilitation services, | ||||||
| 10 | habilitation and
rehabilitation in the State; and (3) an | ||||||
| 11 | itemized statement of the
amounts of money received from | ||||||
| 12 | federal, State and other sources, and of
the objects and | ||||||
| 13 | purposes to which the respective items of these several
amounts | ||||||
| 14 | have been devoted.
| ||||||
| 15 | (e) (Blank).
| ||||||
| 16 | (f) To establish a program of services to prevent the | ||||||
| 17 | unnecessary
institutionalization of persons in need of long | ||||||
| 18 | term care and who meet the criteria for blindness or disability | ||||||
| 19 | as defined by the Social Security Act, thereby enabling them to
| ||||||
| 20 | remain in their own homes. Such preventive
services include any | ||||||
| 21 | or all of the following:
| ||||||
| 22 | (1) personal assistant services;
| ||||||
| 23 | (2) homemaker services;
| ||||||
| 24 | (3) home-delivered meals;
| ||||||
| 25 | (4) adult day care services;
| ||||||
| 26 | (5) respite care;
| ||||||
| |||||||
| |||||||
| 1 | (6) home modification or assistive equipment;
| ||||||
| 2 | (7) home health services;
| ||||||
| 3 | (8) electronic home response;
| ||||||
| 4 | (9) brain injury behavioral/cognitive services;
| ||||||
| 5 | (10) brain injury habilitation;
| ||||||
| 6 | (11) brain injury pre-vocational services; or
| ||||||
| 7 | (12) brain injury supported employment.
| ||||||
| 8 | The Department shall establish eligibility
standards for | ||||||
| 9 | such services taking into consideration the unique
economic and | ||||||
| 10 | social needs of the population for whom they are to
be | ||||||
| 11 | provided. Such eligibility standards may be based on the | ||||||
| 12 | recipient's
ability to pay for services; provided, however, | ||||||
| 13 | that any portion of a
person's income that is equal to or less | ||||||
| 14 | than the "protected income" level
shall not be considered by | ||||||
| 15 | the Department in determining eligibility. The
"protected | ||||||
| 16 | income" level shall be determined by the Department, shall | ||||||
| 17 | never be
less than the federal poverty standard, and shall be | ||||||
| 18 | adjusted each year to
reflect changes in the Consumer Price | ||||||
| 19 | Index For All Urban Consumers as
determined by the United | ||||||
| 20 | States Department of Labor. The standards must
provide that a | ||||||
| 21 | person may not have more than $10,000 in assets to be eligible | ||||||
| 22 | for the services, and the Department may increase or decrease | ||||||
| 23 | the asset limitation by rule. The Department may not decrease | ||||||
| 24 | the asset level below $10,000.
| ||||||
| 25 | The services shall be provided, as established by the
| ||||||
| 26 | Department by rule, to eligible persons
to prevent unnecessary | ||||||
| |||||||
| |||||||
| 1 | or premature institutionalization, to
the extent that the cost | ||||||
| 2 | of the services, together with the
other personal maintenance | ||||||
| 3 | expenses of the persons, are reasonably
related to the | ||||||
| 4 | standards established for care in a group facility
appropriate | ||||||
| 5 | to their condition. These non-institutional
services, pilot | ||||||
| 6 | projects or experimental facilities may be provided as part of
| ||||||
| 7 | or in addition to those authorized by federal law or those | ||||||
| 8 | funded and
administered by the Illinois Department on Aging. | ||||||
| 9 | The Department shall set rates and fees for services in a fair | ||||||
| 10 | and equitable manner. Services identical to those offered by | ||||||
| 11 | the Department on Aging shall be paid at the same rate.
| ||||||
| 12 | Personal assistants shall be paid at a rate negotiated
| ||||||
| 13 | between the State and an exclusive representative of personal
| ||||||
| 14 | assistants under a collective bargaining agreement. In no case
| ||||||
| 15 | shall the Department pay personal assistants an hourly wage
| ||||||
| 16 | that is less than the federal minimum wage.
| ||||||
| 17 | Solely for the purposes of coverage under the Illinois | ||||||
| 18 | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants | ||||||
| 19 | providing
services under
the Department's Home Services | ||||||
| 20 | Program shall be considered to be public
employees
and the | ||||||
| 21 | State of Illinois shall be considered to be their employer as | ||||||
| 22 | of the
effective date of
this amendatory Act of the 93rd | ||||||
| 23 | General Assembly, but not before. Solely for the purposes of | ||||||
| 24 | coverage under the Illinois Public Labor Relations Act, home | ||||||
| 25 | care and home health workers who function as personal | ||||||
| 26 | assistants and individual maintenance home health workers and | ||||||
| |||||||
| |||||||
| 1 | who also provide services under the Department's Home Services | ||||||
| 2 | Program shall be considered to be public employees, no matter | ||||||
| 3 | whether the State provides such services through direct | ||||||
| 4 | fee-for-service arrangements, with the assistance of a managed | ||||||
| 5 | care organization or other intermediary, or otherwise, and the | ||||||
| 6 | State of Illinois shall be considered to be the employer of | ||||||
| 7 | those persons as of January 29, 2013 (the effective date of | ||||||
| 8 | Public Act 97-1158), but not before except as otherwise | ||||||
| 9 | provided under this subsection (f). The State
shall
engage in | ||||||
| 10 | collective bargaining with an exclusive representative of home | ||||||
| 11 | care and home health workers who function as personal | ||||||
| 12 | assistants and individual maintenance home health workers | ||||||
| 13 | working under the Home Services Program
concerning
their terms | ||||||
| 14 | and conditions of employment that are within the State's | ||||||
| 15 | control.
Nothing in
this paragraph shall be understood to limit | ||||||
| 16 | the right of the persons receiving
services
defined in this | ||||||
| 17 | Section to hire and fire
home care and home health workers who | ||||||
| 18 | function as personal assistants
and individual maintenance | ||||||
| 19 | home health workers working under the Home Services Program or | ||||||
| 20 | to supervise them within the limitations set by the Home | ||||||
| 21 | Services Program. The
State
shall not be considered to be the | ||||||
| 22 | employer of
home care and home health workers who function as | ||||||
| 23 | personal
assistants and individual maintenance home health | ||||||
| 24 | workers working under the Home Services Program for any | ||||||
| 25 | purposes not specifically provided in Public Act 93-204 or | ||||||
| 26 | Public Act 97-1158, including but not limited to, purposes of | ||||||
| |||||||
| |||||||
| 1 | vicarious liability
in tort and
purposes of statutory | ||||||
| 2 | retirement or health insurance benefits. Home care and home | ||||||
| 3 | health workers who function as personal assistants and | ||||||
| 4 | individual maintenance home health workers and who also provide | ||||||
| 5 | services under the Department's Home Services Program shall not | ||||||
| 6 | be covered by the State Employees Group
Insurance Act
of 1971 | ||||||
| 7 | (5 ILCS 375/).
| ||||||
| 8 | The Department shall execute, relative to nursing home | ||||||
| 9 | prescreening, as authorized by Section 4.03 of the Illinois Act | ||||||
| 10 | on the Aging,
written inter-agency agreements with the | ||||||
| 11 | Department on Aging and
the Department of Healthcare and Family | ||||||
| 12 | Services, to effect the intake procedures
and eligibility | ||||||
| 13 | criteria for those persons who may need long term care. On and | ||||||
| 14 | after July 1, 1996, all nursing
home prescreenings for | ||||||
| 15 | individuals 18 through 59 years of age shall be
conducted by | ||||||
| 16 | the Department, or a designee of the
Department.
| ||||||
| 17 | The Department is authorized to establish a system of | ||||||
| 18 | recipient cost-sharing
for services provided under this | ||||||
| 19 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
| 20 | ability to pay for services, but in no case shall the
| ||||||
| 21 | recipient's share exceed the actual cost of the services | ||||||
| 22 | provided. Protected
income shall not be considered by the | ||||||
| 23 | Department in its determination of the
recipient's ability to | ||||||
| 24 | pay a share of the cost of services. The level of
cost-sharing | ||||||
| 25 | shall be adjusted each year to reflect changes in the | ||||||
| 26 | "protected
income" level. The Department shall deduct from the | ||||||
| |||||||
| |||||||
| 1 | recipient's share of the
cost of services any money expended by | ||||||
| 2 | the recipient for disability-related
expenses.
| ||||||
| 3 | To the extent permitted under the federal Social Security | ||||||
| 4 | Act, the Department, or the Department's authorized | ||||||
| 5 | representative, may recover
the amount of moneys expended for | ||||||
| 6 | services provided to or in behalf of a person
under this | ||||||
| 7 | Section by a claim against the person's estate or against the | ||||||
| 8 | estate
of the person's surviving spouse, but no recovery may be | ||||||
| 9 | had until after the
death of the surviving spouse, if any, and | ||||||
| 10 | then only at such time when there is
no surviving child who is | ||||||
| 11 | under age 21 or , blind or who has a permanent and total | ||||||
| 12 | disability , or permanently and totally
disabled. This | ||||||
| 13 | paragraph, however, shall not bar recovery, at the death of the
| ||||||
| 14 | person, of moneys for services provided to the person or in | ||||||
| 15 | behalf of the
person under this Section to which the person was | ||||||
| 16 | not entitled; provided that
such recovery shall not be enforced | ||||||
| 17 | against any real estate while
it is occupied as a homestead by | ||||||
| 18 | the surviving spouse or other dependent, if no
claims by other | ||||||
| 19 | creditors have been filed against the estate, or, if such
| ||||||
| 20 | claims have been filed, they remain dormant for failure of | ||||||
| 21 | prosecution or
failure of the claimant to compel administration | ||||||
| 22 | of the estate for the purpose
of payment. This paragraph shall | ||||||
| 23 | not bar recovery from the estate of a spouse,
under Sections | ||||||
| 24 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
| 25 | Illinois Public Aid Code, who precedes a person receiving | ||||||
| 26 | services under this
Section in death. All moneys for services
| ||||||
| |||||||
| |||||||
| 1 | paid to or in behalf of the person under this Section shall be | ||||||
| 2 | claimed for
recovery from the deceased spouse's estate. | ||||||
| 3 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
| 4 | house and
contiguous real estate occupied by a surviving spouse | ||||||
| 5 | or relative, as defined
by the rules and regulations of the | ||||||
| 6 | Department of Healthcare and Family Services,
regardless of the | ||||||
| 7 | value of the property.
| ||||||
| 8 | The Department shall submit an annual report on programs | ||||||
| 9 | and
services provided under this Section. The report shall be | ||||||
| 10 | filed
with the Governor and the General Assembly on or before | ||||||
| 11 | March
30
each year.
| ||||||
| 12 | The requirement for reporting to the General Assembly shall | ||||||
| 13 | be satisfied
by filing copies of the report with the Speaker, | ||||||
| 14 | the Minority Leader and
the Clerk of the House of | ||||||
| 15 | Representatives and the President, the Minority
Leader and the | ||||||
| 16 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
| 17 | required by Section 3.1 of the General Assembly Organization | ||||||
| 18 | Act, and filing
additional copies with the State
Government | ||||||
| 19 | Report Distribution Center for the General Assembly as
required | ||||||
| 20 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
| 21 | (g) To establish such subdivisions of the Department
as | ||||||
| 22 | shall be desirable and assign to the various subdivisions the
| ||||||
| 23 | responsibilities and duties placed upon the Department by law.
| ||||||
| 24 | (h) To cooperate and enter into any necessary agreements | ||||||
| 25 | with the
Department of Employment Security for the provision of | ||||||
| 26 | job placement and
job referral services to clients of the | ||||||
| |||||||
| |||||||
| 1 | Department, including job
service registration of such clients | ||||||
| 2 | with Illinois Employment Security
offices and making job | ||||||
| 3 | listings maintained by the Department of Employment
Security | ||||||
| 4 | available to such clients.
| ||||||
| 5 | (i) To possess all powers reasonable and necessary for
the | ||||||
| 6 | exercise and administration of the powers, duties and
| ||||||
| 7 | responsibilities of the Department which are provided for by | ||||||
| 8 | law.
| ||||||
| 9 | (j) (Blank).
| ||||||
| 10 | (k) (Blank).
| ||||||
| 11 | (l) To establish, operate and maintain a Statewide Housing | ||||||
| 12 | Clearinghouse
of information on available, government | ||||||
| 13 | subsidized housing accessible to
persons with disabilities | ||||||
| 14 | disabled persons and available privately owned housing | ||||||
| 15 | accessible to
persons with disabilities disabled persons. The | ||||||
| 16 | information shall include but not be limited to the
location, | ||||||
| 17 | rental requirements, access features and proximity to public
| ||||||
| 18 | transportation of available housing. The Clearinghouse shall | ||||||
| 19 | consist
of at least a computerized database for the storage and | ||||||
| 20 | retrieval of
information and a separate or shared toll free | ||||||
| 21 | telephone number for use by
those seeking information from the | ||||||
| 22 | Clearinghouse. Department offices and
personnel throughout the | ||||||
| 23 | State shall also assist in the operation of the
Statewide | ||||||
| 24 | Housing Clearinghouse. Cooperation with local, State and | ||||||
| 25 | federal
housing managers shall be sought and extended in order | ||||||
| 26 | to frequently and
promptly update the Clearinghouse's | ||||||
| |||||||
| |||||||
| 1 | information.
| ||||||
| 2 | (m) To assure that the names and case records of persons | ||||||
| 3 | who received or
are
receiving services from the Department, | ||||||
| 4 | including persons receiving vocational
rehabilitation, home | ||||||
| 5 | services, or other services, and those attending one of
the | ||||||
| 6 | Department's schools or other supervised facility shall be | ||||||
| 7 | confidential and
not be open to the general public. Those case | ||||||
| 8 | records and reports or the
information contained in those | ||||||
| 9 | records and reports shall be disclosed by the
Director only to | ||||||
| 10 | proper law enforcement officials, individuals authorized by a
| ||||||
| 11 | court, the General Assembly or any committee or commission of | ||||||
| 12 | the General
Assembly, and other persons and for reasons as the | ||||||
| 13 | Director designates by rule.
Disclosure by the Director may be | ||||||
| 14 | only in accordance with other applicable
law.
| ||||||
| 15 | (Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12; | ||||||
| 16 | 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
| 17 | (20 ILCS 2405/5b) | ||||||
| 18 | Sec. 5b. Home Services Medicaid Trust Fund. | ||||||
| 19 | (a) The Home Services Medicaid Trust Fund is hereby created | ||||||
| 20 | as a special fund in the State treasury. | ||||||
| 21 | (b) Amounts paid to the State during each State fiscal year | ||||||
| 22 | by the federal government under Title XIX or Title XXI of the | ||||||
| 23 | Social Security Act for services delivered in relation to the | ||||||
| 24 | Department's Home Services Program established pursuant to | ||||||
| 25 | Section 3 of this the Disabled Persons Rehabilitation Act, and | ||||||
| |||||||
| |||||||
| 1 | any interest earned thereon, shall be deposited into the Fund. | ||||||
| 2 | (c) Moneys in the Fund may be used by the Department for | ||||||
| 3 | the purchase of services, and operational and administrative | ||||||
| 4 | expenses, in relation to the Home Services Program.
| ||||||
| 5 | (Source: P.A. 98-1004, eff. 8-18-14.)
| ||||||
| 6 | (20 ILCS 2405/10) (from Ch. 23, par. 3441)
| ||||||
| 7 | Sec. 10. Residential schools; visual and hearing | ||||||
| 8 | disabilities handicaps.
| ||||||
| 9 | (a) The Department of Human Services shall operate
| ||||||
| 10 | residential schools for the education of children with visual | ||||||
| 11 | and hearing
disabilities handicaps who are unable to take | ||||||
| 12 | advantage of the regular educational
facilities provided in the | ||||||
| 13 | community, and shall provide in connection
therewith such | ||||||
| 14 | academic, vocational, and related services as may be
required. | ||||||
| 15 | Children shall be eligible for admission to these schools only
| ||||||
| 16 | after proper diagnosis and evaluation, in accordance with | ||||||
| 17 | procedures
prescribed by the Department.
| ||||||
| 18 | (a-5) The Superintendent of the Illinois School for the | ||||||
| 19 | Deaf shall be the chief executive officer of, and shall be | ||||||
| 20 | responsible for the day to day operations of, the School, and | ||||||
| 21 | shall obtain educational and professional employees who are | ||||||
| 22 | certified by the Illinois State Board of Education or licensed | ||||||
| 23 | by the appropriate agency or entity to which licensing | ||||||
| 24 | authority has been delegated, as well as all other employees of | ||||||
| 25 | the School, subject to the provisions of the Personnel Code and | ||||||
| |||||||
| |||||||
| 1 | any applicable collective bargaining agreement. The | ||||||
| 2 | Superintendent shall be appointed by the Governor, by and with | ||||||
| 3 | the advice and consent of the Senate. In the case of a vacancy | ||||||
| 4 | in the office of Superintendent during the recess of the | ||||||
| 5 | Senate, the Governor shall make a temporary appointment until | ||||||
| 6 | the next meeting of the Senate, when the Governor shall | ||||||
| 7 | nominate some person to fill the office, and any person so | ||||||
| 8 | nominated who is confirmed by the Senate shall hold office | ||||||
| 9 | during the remainder of the term and until his or her successor | ||||||
| 10 | is appointed and qualified. The Superintendent shall hold | ||||||
| 11 | office (i) for a term expiring on June 30 of 2015, and every 4 | ||||||
| 12 | years thereafter and (ii) until the Superintendent's successor | ||||||
| 13 | is appointed and qualified. The Superintendent shall devote his | ||||||
| 14 | or her full time to the duties of the office, shall not serve | ||||||
| 15 | in any other capacity during his or her term of office, and | ||||||
| 16 | shall receive such compensation as the Governor shall | ||||||
| 17 | determine. The Superintendent shall have an administrative | ||||||
| 18 | certificate with a superintendent endorsement as provided for | ||||||
| 19 | under Section 21-7.1 of the School Code, and shall have degrees | ||||||
| 20 | in both educational administration and deaf education, | ||||||
| 21 | together with at least 15 years of experience in either deaf | ||||||
| 22 | education, the administration of deaf education, or a | ||||||
| 23 | combination of the 2. | ||||||
| 24 | (a-10) The Superintendent of the Illinois School for the | ||||||
| 25 | Visually Impaired shall be the chief executive officer of, and | ||||||
| 26 | shall be responsible for the day to day operations of, the | ||||||
| |||||||
| |||||||
| 1 | School, and shall obtain educational and professional | ||||||
| 2 | employees who are certified by the Illinois State Board of | ||||||
| 3 | Education or licensed by the appropriate agency or entity to | ||||||
| 4 | which licensing authority has been delegated, as well as all | ||||||
| 5 | other employees of the School, subject to the provisions of the | ||||||
| 6 | Personnel Code and any applicable collective bargaining | ||||||
| 7 | agreement. The Superintendent shall be appointed by the | ||||||
| 8 | Governor, by and with the advice and consent of the Senate. In | ||||||
| 9 | the case of a vacancy in the office of Superintendent during | ||||||
| 10 | the recess of the Senate, the Governor shall make a temporary | ||||||
| 11 | appointment until the next meeting of the Senate, when the | ||||||
| 12 | Governor shall nominate some person to fill the office, and any | ||||||
| 13 | person so nominated who is confirmed by the Senate shall hold | ||||||
| 14 | office during the remainder of the term and until his or her | ||||||
| 15 | successor is appointed and qualified. The Superintendent shall | ||||||
| 16 | hold office (i) for a term expiring on June 30 of 2015, and | ||||||
| 17 | every 4 years thereafter and (ii) until the Superintendent's | ||||||
| 18 | successor is appointed and qualified. The Superintendent shall | ||||||
| 19 | devote his or her full time to the duties of the office, shall | ||||||
| 20 | not serve in any other capacity during his or her term of | ||||||
| 21 | office, and shall receive such compensation as the Governor | ||||||
| 22 | shall determine. The Superintendent shall have an | ||||||
| 23 | administrative certificate with a superintendent endorsement | ||||||
| 24 | as provided for under Section 21-7.1 of the School Code, and | ||||||
| 25 | shall have degrees in both educational administration and blind | ||||||
| 26 | or visually impaired education, together with at least 15 years | ||||||
| |||||||
| |||||||
| 1 | of experience in either blind or visually impaired education, | ||||||
| 2 | the administration of blind or visually impaired education, or | ||||||
| 3 | a combination of the 2. | ||||||
| 4 | (b) In administering the Illinois School for the Deaf, the | ||||||
| 5 | Department
shall adopt an admission policy which permits day or | ||||||
| 6 | residential
enrollment, when resources are sufficient, of | ||||||
| 7 | children with hearing
disabilities handicaps who are able to | ||||||
| 8 | take advantage of the regular educational
facilities provided | ||||||
| 9 | in the community and thus unqualified for admission
under | ||||||
| 10 | subsection (a). In doing so, the Department shall establish an
| ||||||
| 11 | annual deadline by which shall be completed the enrollment of | ||||||
| 12 | children
qualified under subsection (a) for admission to the | ||||||
| 13 | Illinois School for the
Deaf. After the deadline, the Illinois | ||||||
| 14 | School for the Deaf may enroll
other children with hearing | ||||||
| 15 | disabilities handicaps at the request of their parents or
| ||||||
| 16 | guardians if the Department determines there are sufficient | ||||||
| 17 | resources to
meet their needs as well as the needs of children | ||||||
| 18 | enrolled before the
deadline and children qualified under | ||||||
| 19 | subsection (a) who may be enrolled
after the deadline on an | ||||||
| 20 | emergency basis. The Department shall adopt any
rules and | ||||||
| 21 | regulations necessary for the implementation of this | ||||||
| 22 | subsection.
| ||||||
| 23 | (c) In administering the Illinois School for the Visually | ||||||
| 24 | Impaired, the
Department shall adopt an admission policy that | ||||||
| 25 | permits day or residential
enrollment, when resources are | ||||||
| 26 | sufficient, of children with visual
disabilities handicaps who | ||||||
| |||||||
| |||||||
| 1 | are able to take advantage of the regular educational
| ||||||
| 2 | facilities provided in the community and thus unqualified for | ||||||
| 3 | admission
under subsection (a). In doing so, the Department | ||||||
| 4 | shall establish an
annual deadline by which the enrollment of | ||||||
| 5 | children qualified under subsection
(a) for admission to the | ||||||
| 6 | Illinois School for the Visually Impaired shall be
completed. | ||||||
| 7 | After the deadline, the Illinois School for the Visually | ||||||
| 8 | Impaired
may enroll other children with visual disabilities | ||||||
| 9 | handicaps at the request of their parents
or guardians if the | ||||||
| 10 | Department determines there are sufficient resources to
meet | ||||||
| 11 | their needs as well as the needs of children enrolled before | ||||||
| 12 | the deadline
and children qualified under subsection (a) who | ||||||
| 13 | may be enrolled after the
deadline on an emergency basis. The | ||||||
| 14 | Department shall adopt any rules and
regulations necessary for | ||||||
| 15 | the implementation of this subsection.
| ||||||
| 16 | (Source: P.A. 97-625, eff. 11-28-11.)
| ||||||
| 17 | (20 ILCS 2405/13) (from Ch. 23, par. 3444)
| ||||||
| 18 | Sec. 13. The Department shall have all powers reasonable | ||||||
| 19 | and necessary
for the administration of institutions for | ||||||
| 20 | persons with one or more
disabilities under subsection (f) of | ||||||
| 21 | Section 3 of this Act, including, but
not limited to, the | ||||||
| 22 | authority to do the following:
| ||||||
| 23 | (a) Appoint and remove the superintendents of the
| ||||||
| 24 | institutions operated by the Department, except for those | ||||||
| 25 | superintendents whose appointment and removal is provided for | ||||||
| |||||||
| |||||||
| 1 | under Section 10 of this Act; obtain all other employees
| ||||||
| 2 | subject to the provisions of the Personnel Code, except for | ||||||
| 3 | educational and professional employees of the Illinois School | ||||||
| 4 | for the Deaf and the Illinois School for the Visually Impaired | ||||||
| 5 | who are certified by the Illinois State Board of Education or | ||||||
| 6 | licensed by the appropriate agency or entity to which licensing | ||||||
| 7 | authority has been delegated, and all other employees of the | ||||||
| 8 | Schools who are obtained by the superintendents as provided | ||||||
| 9 | under Section 10 of this Act, subject to the provisions of the | ||||||
| 10 | Personnel Code and any applicable collective bargaining | ||||||
| 11 | agreement; and conduct
staff training programs for the | ||||||
| 12 | development and improvement of services.
| ||||||
| 13 | (b) Provide supervision, housing accommodations, board or | ||||||
| 14 | the
payment of boarding costs, tuition, and treatment free of | ||||||
| 15 | charge, except
as otherwise specified in this Act, for | ||||||
| 16 | residents of this State who are
cared for in any institution, | ||||||
| 17 | or for persons receiving services under
any program under the | ||||||
| 18 | jurisdiction of the Department. Residents of other
states may | ||||||
| 19 | be admitted upon payment of the costs of board, tuition, and
| ||||||
| 20 | treatment as determined by the Department; provided, that no | ||||||
| 21 | resident of
another state shall be received or retained to the | ||||||
| 22 | exclusion of any
resident of this State. The Department shall | ||||||
| 23 | accept any donation for the
board, tuition, and treatment of | ||||||
| 24 | any person receiving service or care.
| ||||||
| 25 | (c) Cooperate with the State Board of Education and the | ||||||
| 26 | Department of
Children and Family Services in a program to | ||||||
| |||||||
| |||||||
| 1 | provide for the placement,
supervision, and foster care of | ||||||
| 2 | children with disabilities handicaps who must leave their
home | ||||||
| 3 | community in order to attend schools offering programs in | ||||||
| 4 | special
education.
| ||||||
| 5 | (d) Assess and collect (i) student activity fees and (ii) | ||||||
| 6 | charges to
school districts for transportation of students | ||||||
| 7 | required under the School Code
and provided by the Department. | ||||||
| 8 | The Department shall direct the expenditure of
all money that | ||||||
| 9 | has been or may be received by any officer of the several State
| ||||||
| 10 | institutions under the direction and supervision of the | ||||||
| 11 | Department as profit on
sales from commissary stores, student | ||||||
| 12 | activity fees, or charges for student
transportation. The money | ||||||
| 13 | shall be deposited into a locally held fund and
expended under | ||||||
| 14 | the direction of the Department for the special comfort,
| ||||||
| 15 | pleasure, and amusement of residents and employees and the | ||||||
| 16 | transportation of
residents, provided that amounts expended | ||||||
| 17 | for comfort, pleasure, and amusement
of employees shall not | ||||||
| 18 | exceed the amount of profits derived from sales made to
| ||||||
| 19 | employees by the commissaries, as determined by the Department.
| ||||||
| 20 | Funds deposited with State institutions under the | ||||||
| 21 | direction and supervision
of the Department by or for residents | ||||||
| 22 | of those State institutions shall be
deposited into | ||||||
| 23 | interest-bearing accounts, and money received as interest and
| ||||||
| 24 | income on those funds shall be deposited into a "needy student | ||||||
| 25 | fund" to be held
and administered by the institution. Money in | ||||||
| 26 | the "needy student
fund" shall be expended for the special | ||||||
| |||||||
| |||||||
| 1 | comfort, pleasure, and amusement of the
residents of the | ||||||
| 2 | particular institution where the money is paid or received.
| ||||||
| 3 | Any money belonging to residents separated by death, | ||||||
| 4 | discharge, or
unauthorized absence from institutions described | ||||||
| 5 | under this Section, in
custody of officers of the institutions, | ||||||
| 6 | may, if unclaimed by the resident or
the legal representatives | ||||||
| 7 | of the resident for a period of 2 years, be expended
at the | ||||||
| 8 | direction of the Department for the purposes and in the manner
| ||||||
| 9 | specified in this subsection (d). Articles of personal | ||||||
| 10 | property, with the
exception of clothing left in the custody of | ||||||
| 11 | those officers, shall, if
unclaimed for the period of 2 years, | ||||||
| 12 | be sold and the money disposed of in the
same manner.
| ||||||
| 13 | Clothing left at the institution by residents at the time | ||||||
| 14 | of
separation may be used as determined by the institution if | ||||||
| 15 | unclaimed by
the resident or legal representatives of the | ||||||
| 16 | resident within 30
days after notification.
| ||||||
| 17 | (e) Keep, for each institution under the jurisdiction of | ||||||
| 18 | the
Department, a register of the number of officers, | ||||||
| 19 | employees, and
residents present each day in the year, in a | ||||||
| 20 | form that will
permit a calculation of the average number | ||||||
| 21 | present each month.
| ||||||
| 22 | (f) (Blank).
| ||||||
| 23 | (g) (Blank).
| ||||||
| 24 | (h) (Blank).
| ||||||
| 25 | (i) Accept and hold in behalf of the State, if for the | ||||||
| 26 | public interest, a
grant, gift, or legacy of money or property | ||||||
| |||||||
| |||||||
| 1 | to the State of Illinois, to the
Department, or to any | ||||||
| 2 | institution or program of the Department made in trust
for the | ||||||
| 3 | maintenance or support of a resident of an institution of the
| ||||||
| 4 | Department, or for any other legitimate purpose connected with | ||||||
| 5 | any such
institution or program. The Department shall cause | ||||||
| 6 | each gift, grant, or legacy
to be kept as a distinct fund, and | ||||||
| 7 | shall invest the gift, grant, or legacy in
the manner provided | ||||||
| 8 | by the laws of this State as those laws now exist or shall
| ||||||
| 9 | hereafter be enacted relating to securities in which the | ||||||
| 10 | deposits in savings
banks may be invested. The Department may, | ||||||
| 11 | however, in its discretion, deposit
in a proper trust company | ||||||
| 12 | or savings bank, during the continuance of the trust,
any fund | ||||||
| 13 | so left in trust for the life of a person and shall adopt rules
| ||||||
| 14 | and regulations governing the deposit, transfer, or withdrawal | ||||||
| 15 | of the
fund. The Department shall, on the expiration of any | ||||||
| 16 | trust as provided in
any instrument creating the trust, dispose | ||||||
| 17 | of the fund thereby
created in the manner provided in the | ||||||
| 18 | instrument. The Department shall include
in its required | ||||||
| 19 | reports a statement showing what funds are so held by it
and | ||||||
| 20 | the condition of the funds. Monies found on residents at
the | ||||||
| 21 | time of their admission, or accruing to them during their | ||||||
| 22 | period of
institutional care, and monies deposited with the | ||||||
| 23 | superintendents by
relatives, guardians, or friends of | ||||||
| 24 | residents for the special comfort
and pleasure of a resident, | ||||||
| 25 | shall remain in the possession of the
superintendents, who | ||||||
| 26 | shall act as trustees for disbursement to, in behalf
of, or for | ||||||
| |||||||
| |||||||
| 1 | the benefit of the resident. All types of retirement and
| ||||||
| 2 | pension benefits from private and public sources may be paid | ||||||
| 3 | directly to
the superintendent of the institution where the | ||||||
| 4 | person is a resident,
for deposit to the resident's trust fund | ||||||
| 5 | account.
| ||||||
| 6 | (j) Appoint, subject to the Personnel Code, persons to be
| ||||||
| 7 | members of a police and security force. Members of the police | ||||||
| 8 | and
security force shall be peace officers and as such have all | ||||||
| 9 | powers
possessed by policemen in cities and sheriffs, including | ||||||
| 10 | the power to
make arrests on view or warrants of violations of | ||||||
| 11 | State statutes or city
or county ordinances. These powers may, | ||||||
| 12 | however, be exercised only in
counties of more than 500,000 | ||||||
| 13 | population when required for the
protection of Department | ||||||
| 14 | properties, interests, and personnel, or
specifically | ||||||
| 15 | requested by appropriate State or local law enforcement
| ||||||
| 16 | officials. Members of the police and security force may not | ||||||
| 17 | serve and
execute civil processes.
| ||||||
| 18 | (k) Maintain, and deposit receipts from the sale of tickets | ||||||
| 19 | to
athletic, musical, and other events, fees for participation | ||||||
| 20 | in school sponsored tournaments and events, and
revenue from | ||||||
| 21 | student activities relating to charges for art and woodworking | ||||||
| 22 | projects,
charges for automobile repairs, and other revenue | ||||||
| 23 | generated from student
projects
into, locally held accounts not | ||||||
| 24 | to exceed
$20,000 per account for the purposes of (i) providing | ||||||
| 25 | immediate payment to
officials, judges, and athletic referees | ||||||
| 26 | for their services rendered and for
other related expenses at | ||||||
| |||||||
| |||||||
| 1 | school
sponsored contests, tournaments, or events, (ii)
| ||||||
| 2 | providing payment for expenses related to student revenue | ||||||
| 3 | producing
activities such as art and woodworking projects, | ||||||
| 4 | automotive repair work, and
other student activities or | ||||||
| 5 | projects that generate revenue and incur expenses,
and (iii)
| ||||||
| 6 | providing students who are enrolled in an
independent living | ||||||
| 7 | program with cash so that they may fulfill course
objectives by | ||||||
| 8 | purchasing commodities and other required supplies.
| ||||||
| 9 | (l) Advance moneys from its appropriations to be maintained | ||||||
| 10 | in locally
held
accounts at the
schools to establish (i) a | ||||||
| 11 | "Student Compensation Account" to pay students for
work | ||||||
| 12 | performed under the student work program, and (ii) a "Student | ||||||
| 13 | Activity Travel
Account" to pay transportation, meals, and | ||||||
| 14 | lodging costs of students, coaches,
and activity sponsors while | ||||||
| 15 | traveling off campus for sporting events, lessons,
and other | ||||||
| 16 | activities directly associated with the representation of the | ||||||
| 17 | school. Funds in the "Student Compensation Account" shall not | ||||||
| 18 | exceed $20,000, and funds in the "Student Activity Travel | ||||||
| 19 | Account" shall not exceed $200,000.
| ||||||
| 20 | (l-5) Establish a locally held account (referred to as the | ||||||
| 21 | Account) to hold, maintain and administer the | ||||||
| 22 | Therkelsen/Hansen College Loan Fund (referred to as the Fund). | ||||||
| 23 | All cash represented by the Fund shall be transferred from the | ||||||
| 24 | State Treasury to the Account. The Department shall promulgate | ||||||
| 25 | rules regarding the maintenance and use of the Fund and all | ||||||
| 26 | interest earned thereon; the eligibility of potential | ||||||
| |||||||
| |||||||
| 1 | borrowers from the Fund; and the awarding and repayment of | ||||||
| 2 | loans from the Fund; and other rules as applicable regarding | ||||||
| 3 | the Fund. The administration of the Fund and the promulgation | ||||||
| 4 | of rules regarding the Fund shall be consistent with the will | ||||||
| 5 | of Petrea Therkelsen, which establishes the Fund.
| ||||||
| 6 | (m) Promulgate rules of conduct applicable to the residents | ||||||
| 7 | of
institutions for persons with one or more disabilities. The | ||||||
| 8 | rules
shall include specific standards to be used by the | ||||||
| 9 | Department to
determine (i) whether financial restitution | ||||||
| 10 | shall be required in the event
of losses or damages resulting | ||||||
| 11 | from a resident's action and (ii)
the ability of the resident | ||||||
| 12 | and the resident's parents to pay
restitution.
| ||||||
| 13 | (Source: P.A. 97-625, eff. 11-28-11.)
| ||||||
| 14 | Section 210. The Disabilities Services Act of 2003 is | ||||||
| 15 | amended by changing the title of the Act and Section 52 as | ||||||
| 16 | follows:
| ||||||
| 17 | (20 ILCS 2407/Act title)
| ||||||
| 18 | An Act concerning persons with disabilities disabled | ||||||
| 19 | persons.
| ||||||
| 20 | (20 ILCS 2407/52) | ||||||
| 21 | Sec. 52. Applicability; definitions. In accordance with | ||||||
| 22 | Section 6071 of the Deficit Reduction Act of 2005 (P.L. | ||||||
| 23 | 109-171), as used in this Article: | ||||||
| |||||||
| |||||||
| 1 | "Departments". The term "Departments" means for the | ||||||
| 2 | purposes of this Act, the Department of Human Services, the | ||||||
| 3 | Department on Aging, Department of Healthcare and Family | ||||||
| 4 | Services and Department of Public Health, unless otherwise | ||||||
| 5 | noted. | ||||||
| 6 | "Home and community-based long-term care services". The | ||||||
| 7 | term "home and community-based long-term care services" means, | ||||||
| 8 | with respect to the State Medicaid program, a service aid, or | ||||||
| 9 | benefit, home and community-based services, including but not | ||||||
| 10 | limited to home health and personal care services, that are | ||||||
| 11 | provided to a person with a disability, and are voluntarily | ||||||
| 12 | accepted, as part of his or her long-term care that: (i) is | ||||||
| 13 | provided under the State's qualified home and community-based | ||||||
| 14 | program or that could be provided under such a program but is | ||||||
| 15 | otherwise provided under the Medicaid program; (ii) is | ||||||
| 16 | delivered in a qualified residence; and (iii) is necessary for | ||||||
| 17 | the person with a disability to live in the community. | ||||||
| 18 | "ID/DD community care facility". The term "ID/DD community | ||||||
| 19 | care facility", for the purposes of this Article, means a | ||||||
| 20 | skilled nursing or intermediate long-term care facility | ||||||
| 21 | subject to licensure by the Department of Public Health under | ||||||
| 22 | the ID/DD Community Care Act, an intermediate care facility for | ||||||
| 23 | persons with developmental disabilities the developmentally | ||||||
| 24 | disabled (ICF-DDs), and a State-operated developmental center | ||||||
| 25 | or mental health center, whether publicly or privately owned. | ||||||
| 26 | "Money Follows the Person" Demonstration. Enacted by the | ||||||
| |||||||
| |||||||
| 1 | Deficit Reduction Act of 2005, the Money Follows the Person | ||||||
| 2 | (MFP) Rebalancing Demonstration is part of a comprehensive, | ||||||
| 3 | coordinated strategy to assist states, in collaboration with | ||||||
| 4 | stakeholders, to make widespread changes to their long-term | ||||||
| 5 | care support systems. This initiative will assist states in | ||||||
| 6 | their efforts to reduce their reliance on institutional care | ||||||
| 7 | while developing community-based long-term care opportunities, | ||||||
| 8 | enabling the elderly and people with disabilities to fully | ||||||
| 9 | participate in their communities. | ||||||
| 10 | "Public funds" mean any funds appropriated by the General | ||||||
| 11 | Assembly to the Departments of Human Services, on Aging, of | ||||||
| 12 | Healthcare and Family Services and of Public Health for | ||||||
| 13 | settings and services as defined in this Article. | ||||||
| 14 | "Qualified residence". The term "qualified residence" | ||||||
| 15 | means, with respect to an eligible individual: (i) a home owned | ||||||
| 16 | or leased by the individual or the individual's authorized | ||||||
| 17 | representative (as defined by P.L. 109-171); (ii) an apartment | ||||||
| 18 | with an individual lease, with lockable access and egress, and | ||||||
| 19 | which includes living, sleeping, bathing, and cooking areas | ||||||
| 20 | over which the individual or the individual's family has domain | ||||||
| 21 | and control; or (iii) a residence, in a community-based | ||||||
| 22 | residential setting, in which no more than 4 unrelated | ||||||
| 23 | individuals reside. Where qualified residences are not | ||||||
| 24 | sufficient to meet the demand of eligible individuals, | ||||||
| 25 | time-limited exceptions to this definition may be developed | ||||||
| 26 | through administrative rule. | ||||||
| |||||||
| |||||||
| 1 | "Self-directed services". The term "self-directed | ||||||
| 2 | services" means, with respect to home and community-based | ||||||
| 3 | long-term services for an eligible individual, those services | ||||||
| 4 | for the individual that are planned and purchased under the | ||||||
| 5 | direction and control of the individual or the individual's | ||||||
| 6 | authorized representative, including the amount, duration, | ||||||
| 7 | scope, provider, and location of such services, under the State | ||||||
| 8 | Medicaid program consistent with the following requirements: | ||||||
| 9 | (a) Assessment: there is an assessment of the needs, | ||||||
| 10 | capabilities, and preference of the individual with | ||||||
| 11 | respect to such services. | ||||||
| 12 | (b) Individual service care or treatment plan: based on | ||||||
| 13 | the assessment, there is development jointly with such | ||||||
| 14 | individual or individual's authorized representative, a | ||||||
| 15 | plan for such services for the individual that (i) | ||||||
| 16 | specifies those services, if any, that the individual or | ||||||
| 17 | the individual's authorized representative would be | ||||||
| 18 | responsible for directing; (ii) identifies the methods by | ||||||
| 19 | which the individual or the individual's authorized | ||||||
| 20 | representative or an agency designated by an individual or | ||||||
| 21 | representative will select, manage, and dismiss providers | ||||||
| 22 | of such services.
| ||||||
| 23 | (Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
| ||||||
| 24 | Section 215. The Bureau for the Blind Act is amended by | ||||||
| 25 | changing Section 7 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2410/7) (from Ch. 23, par. 3417)
| ||||||
| 2 | Sec. 7. Council. There shall be created within the | ||||||
| 3 | Department a
Blind Services Planning Council which shall review | ||||||
| 4 | the actions of the Bureau
for the Blind and provide advice and | ||||||
| 5 | consultation to the Secretary on
services to blind people. The | ||||||
| 6 | Council shall be composed of 11 members
appointed by the | ||||||
| 7 | Governor. All members shall be selected because of their
| ||||||
| 8 | ability to provide worthwhile consultation or services to the | ||||||
| 9 | blind. No fewer
than 6 members shall be blind. A relative | ||||||
| 10 | balance between the number
of males and females shall be | ||||||
| 11 | maintained. Broad representation shall be
sought by | ||||||
| 12 | appointment, with 2 members from each of the major statewide
| ||||||
| 13 | consumer organizations of the blind and one member from a | ||||||
| 14 | specific service
area including, but not limited to, the Hadley | ||||||
| 15 | School for the Blind,
Chicago Lighthouse, Department-approved | ||||||
| 16 | Low Vision Aides Clinics, Vending
Facilities Operators, the | ||||||
| 17 | Association for the Education and Rehabilitation
of the Blind | ||||||
| 18 | and Visually Impaired (AER), blind homemakers, outstanding
| ||||||
| 19 | competitive employers of blind people, providers and | ||||||
| 20 | recipients of income
maintenance programs, in-home care | ||||||
| 21 | programs, subsidized housing, nursing
homes and homes for the | ||||||
| 22 | blind.
| ||||||
| 23 | Initially, 4 members shall be appointed for terms of one | ||||||
| 24 | year, 4 for
terms of 2 years and 3 for terms of 3 years with a | ||||||
| 25 | partial term of 18
months or more counting as a full term. | ||||||
| |||||||
| |||||||
| 1 | Subsequent terms shall be 3 years
each. No member shall serve | ||||||
| 2 | more than 2 terms. No Department employee
shall be a member of | ||||||
| 3 | the Council.
| ||||||
| 4 | Members shall be removed for cause including, but not | ||||||
| 5 | limited to,
demonstrated incompetence, unethical behavior and | ||||||
| 6 | unwillingness or inability to serve.
| ||||||
| 7 | Members shall serve without pay but shall be reimbursed for | ||||||
| 8 | actual
expenses incurred in the performance of their duties.
| ||||||
| 9 | Members shall be governed by appropriate and applicable | ||||||
| 10 | State and federal
statutes and regulations on matters such as | ||||||
| 11 | ethics, confidentiality,
freedom of information, travel and | ||||||
| 12 | civil rights.
| ||||||
| 13 | Department staff may attend meetings but shall not be a | ||||||
| 14 | voting member of
the Council. The Council shall elect a | ||||||
| 15 | chairperson and a recording
secretary from among its number. | ||||||
| 16 | Sub-committees and ad hoc committees may
be created to | ||||||
| 17 | concentrate on specific program components or initiative | ||||||
| 18 | areas.
| ||||||
| 19 | The Council shall perform the following functions:
| ||||||
| 20 | (a) facilitate communication and cooperative efforts | ||||||
| 21 | between the
Department and all agencies which have any | ||||||
| 22 | responsibility to deliver
services to blind and visually | ||||||
| 23 | impaired persons.
| ||||||
| 24 | (b) identify needs and problems related to blind and | ||||||
| 25 | visually impaired
persons, including children, adults, and | ||||||
| 26 | seniors, and make recommendations to
the Secretary, Bureau | ||||||
| |||||||
| |||||||
| 1 | Director and Governor.
| ||||||
| 2 | (c) recommend programmatic and fiscal priorities governing | ||||||
| 3 | the provision
of services and awarding of grants or contracts | ||||||
| 4 | by the Department to any
person or agency, public or private.
| ||||||
| 5 | (d) conduct, encourage and advise independent research by | ||||||
| 6 | qualified
evaluators to improve services to blind and visually | ||||||
| 7 | impaired persons,
including those with multiple disabilities | ||||||
| 8 | handicaps.
| ||||||
| 9 | (e) participate in the development and review of proposed | ||||||
| 10 | and amended
rules and regulations of the Department relating to | ||||||
| 11 | services for the blind
and visually impaired.
| ||||||
| 12 | (f) review and comment on all budgets (drafted and | ||||||
| 13 | submitted) relating
to services for blind and visually impaired | ||||||
| 14 | persons.
| ||||||
| 15 | (g) promote policies and programs to educate the public and | ||||||
| 16 | elicit public
support for services to blind and visually | ||||||
| 17 | impaired persons.
| ||||||
| 18 | (h) encourage creative and innovative programs to | ||||||
| 19 | strengthen, expand and
improve services for blind and visually | ||||||
| 20 | impaired persons, including outreach
services.
| ||||||
| 21 | (i) perform such other duties as may be required by the | ||||||
| 22 | Governor,
Secretary, and Bureau Director.
| ||||||
| 23 | The Council shall supersede and replace all advisory | ||||||
| 24 | committees now
functioning within the Bureau of Rehabilitation | ||||||
| 25 | Services for the Blind,
with the exception of federally | ||||||
| 26 | mandated advisory groups.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 2 | Section 220. The Blind Vendors Act is amended by changing | ||||||
| 3 | Section 25 as follows:
| ||||||
| 4 | (20 ILCS 2421/25)
| ||||||
| 5 | Sec. 25. Set-aside funds; Blind Vendors Trust Fund. | ||||||
| 6 | (a) The Department may provide, by rule, for set-asides | ||||||
| 7 | similar to those provided in Section 107d-3 of the | ||||||
| 8 | Randolph-Sheppard Act. If any funds are set aside, or caused to | ||||||
| 9 | be set aside, from the net proceeds of the operation of vending | ||||||
| 10 | facilities by blind vendors, the funds shall be set aside only | ||||||
| 11 | to the extent necessary in a percentage amount not to exceed | ||||||
| 12 | that determined jointly by the Director and the Committee and | ||||||
| 13 | published in State rule, and that these funds may be used only | ||||||
| 14 | for the following purposes: (1) maintenance and replacement of | ||||||
| 15 | equipment; (2) purchase of new equipment; (3) construction of | ||||||
| 16 | new vending facilities; (4) funding the functions of the | ||||||
| 17 | Committee, including legal and other professional services; | ||||||
| 18 | and (5) retirement or pension funds, health insurance, paid | ||||||
| 19 | sick leave, and vacation time for blind licensees, so long as | ||||||
| 20 | these benefits are approved by a majority vote of all Illinois | ||||||
| 21 | licensed blind vendors that occurs after the Department | ||||||
| 22 | provides these vendors with information on all matters relevant | ||||||
| 23 | to these purposes. | ||||||
| 24 | (b) No set-aside funds shall be collected from a blind | ||||||
| |||||||
| |||||||
| 1 | vendor when the monthly net proceeds of that vendor are less | ||||||
| 2 | than $1,000. This amount may be adjusted annually by the | ||||||
| 3 | Director and the Committee to reflect changes in the cost of | ||||||
| 4 | living. | ||||||
| 5 | (c) The Department shall establish, with full | ||||||
| 6 | participation by the Committee, the Blind Vendors Trust Fund as | ||||||
| 7 | a separate account managed by the Department for the State's | ||||||
| 8 | blind vendors. | ||||||
| 9 | (d) Set-aside funds collected from the operation of all | ||||||
| 10 | vending facilities administered by the Business Enterprise | ||||||
| 11 | Program for the Blind shall be placed in the Blind Vendors | ||||||
| 12 | Trust Fund, which shall include set-aside funds from facilities | ||||||
| 13 | on federal property. The Fund must provide separately | ||||||
| 14 | identified sub-accounts for moneys from (i) federal and (ii) | ||||||
| 15 | State and other facilities, as well as vending machine income | ||||||
| 16 | generated pursuant to Section 30 of this Act. These funds shall | ||||||
| 17 | be available until expended and shall not revert to the General | ||||||
| 18 | Revenue Fund or to any other State account.
| ||||||
| 19 | (e) It is the intent of the General Assembly that the | ||||||
| 20 | expenditure of set-aside funds authorized by this Section shall | ||||||
| 21 | be supplemental to any current appropriation or other moneys | ||||||
| 22 | made available for these purposes and shall not constitute an | ||||||
| 23 | offset of any previously existing appropriation or other | ||||||
| 24 | funding source. In no way shall this imply that the | ||||||
| 25 | appropriation for the Blind Vendors Program may never be | ||||||
| 26 | decreased, rather that the new funds shall not be used as an | ||||||
| |||||||
| |||||||
| 1 | offset. | ||||||
| 2 | (f) An amount equal to 10% of the wages paid by a blind | ||||||
| 3 | vendor to any employee who is blind or has another disability | ||||||
| 4 | otherwise disabled shall be deducted from any set-aside charge | ||||||
| 5 | paid by the vendor each month, in order to encourage vendors to | ||||||
| 6 | employ blind workers and workers with disabilities and disabled | ||||||
| 7 | workers and to set an example for industry and government. No | ||||||
| 8 | deduction shall be made for any employee paid less than the | ||||||
| 9 | State or federal minimum wage.
| ||||||
| 10 | (Source: P.A. 96-644, eff. 1-1-10.)
| ||||||
| 11 | Section 225. The Department of Transportation Law of the
| ||||||
| 12 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 13 | Sections 2705-305, 2705-310, and 2705-321 as follows:
| ||||||
| 14 | (20 ILCS 2705/2705-305)
| ||||||
| 15 | Sec. 2705-305. Grants for mass transportation.
| ||||||
| 16 | (a) For the purpose of mass
transportation grants and | ||||||
| 17 | contracts, the following definitions apply:
| ||||||
| 18 | "Carrier" means any corporation, authority, partnership,
| ||||||
| 19 | association, person, or district authorized to provide mass
| ||||||
| 20 | transportation within the State.
| ||||||
| 21 | "District" means all of the following:
| ||||||
| 22 | (i) Any district created pursuant to the Local Mass | ||||||
| 23 | Transit
District Act.
| ||||||
| 24 | (ii) The Authority created pursuant to the | ||||||
| |||||||
| |||||||
| 1 | Metropolitan Transit
Authority Act.
| ||||||
| 2 | (iii) Any authority, commission, or other entity that | ||||||
| 3 | by
virtue of an
interstate compact approved by Congress is | ||||||
| 4 | authorized to provide mass
transportation.
| ||||||
| 5 | (iv) The Authority created pursuant to the Regional
| ||||||
| 6 | Transportation Authority Act.
| ||||||
| 7 | "Facilities" comprise all real and personal property used | ||||||
| 8 | in or appurtenant
to a mass transportation system, including | ||||||
| 9 | parking lots.
| ||||||
| 10 | "Mass transportation" means transportation provided within | ||||||
| 11 | the State of
Illinois by rail, bus, or other conveyance and | ||||||
| 12 | available to the general public
on a regular and continuing | ||||||
| 13 | basis, including the transportation of persons with | ||||||
| 14 | disabilities handicapped
or elderly persons as provided more | ||||||
| 15 | specifically in Section 2705-310.
| ||||||
| 16 | "Unit of local government" means any city, village, | ||||||
| 17 | incorporated town, or
county.
| ||||||
| 18 | (b) Grants may be made to units of local government,
| ||||||
| 19 | districts, and carriers for
the acquisition, construction, | ||||||
| 20 | extension, reconstruction, and improvement
of mass | ||||||
| 21 | transportation facilities. Grants shall be made upon the
terms
| ||||||
| 22 | and conditions that in the judgment of the Secretary are | ||||||
| 23 | necessary
to
ensure their proper and effective utilization.
| ||||||
| 24 | (c) The Department shall make grants under this Law
in a | ||||||
| 25 | manner
designed, so far as is consistent with the maintenance | ||||||
| 26 | and development
of a sound mass transportation system within | ||||||
| |||||||
| |||||||
| 1 | the State, to: (i)
maximize
federal funds for the assistance of | ||||||
| 2 | mass transportation in Illinois
under the Federal Transit Act | ||||||
| 3 | and other
federal Acts; (ii) facilitate the movement of persons | ||||||
| 4 | who because
of age,
economic circumstance, or physical | ||||||
| 5 | infirmity are unable to drive; (iii)
contribute to an improved | ||||||
| 6 | environment through the reduction of air,
water, and noise | ||||||
| 7 | pollution; and (iv) reduce traffic congestion.
| ||||||
| 8 | (d) The Secretary shall establish procedures for making
| ||||||
| 9 | application
for mass transportation grants. The procedures | ||||||
| 10 | shall provide for
public
notice of all applications and give | ||||||
| 11 | reasonable opportunity for the
submission of comments and | ||||||
| 12 | objections by interested parties. The
procedures shall be | ||||||
| 13 | designed with a view to facilitating simultaneous
application | ||||||
| 14 | for a grant to the Department and to the federal government.
| ||||||
| 15 | (e) Grants may be made for mass transportation projects as
| ||||||
| 16 | follows:
| ||||||
| 17 | (1) In an amount not to exceed 100% of the nonfederal | ||||||
| 18 | share of
projects
for which a federal grant is made.
| ||||||
| 19 | (2) In an amount not to exceed 100% of the net project | ||||||
| 20 | cost
for projects
for which a federal grant is not made.
| ||||||
| 21 | (3) In an amount not to exceed five-sixths of the net | ||||||
| 22 | project
cost for
projects essential for the maintenance of | ||||||
| 23 | a sound transportation system and
eligible for federal | ||||||
| 24 | assistance for which a federal grant application has
been | ||||||
| 25 | made but a federal grant has been delayed. If and when a | ||||||
| 26 | federal
grant is made, the amount in excess of the | ||||||
| |||||||
| |||||||
| 1 | nonfederal share shall be
promptly returned to the | ||||||
| 2 | Department.
| ||||||
| 3 | In no event shall the Department make a grant that, | ||||||
| 4 | together
with any
federal funds or funds from any other source, | ||||||
| 5 | is in excess of 100% of the
net project cost.
| ||||||
| 6 | (f) Regardless of whether any funds are available under a
| ||||||
| 7 | federal grant,
the Department shall not make a mass | ||||||
| 8 | transportation grant unless the Secretary
finds that the | ||||||
| 9 | recipient has entered into an agreement with the Department
in | ||||||
| 10 | which the recipient agrees not to engage in school bus | ||||||
| 11 | operations
exclusively for the transportation of students and | ||||||
| 12 | school personnel in
competition with private school bus | ||||||
| 13 | operators where those private
school bus
operators are able to | ||||||
| 14 | provide adequate transportation, at reasonable rates,
in | ||||||
| 15 | conformance with applicable safety standards, provided that | ||||||
| 16 | this
requirement shall not apply to a recipient that operates a | ||||||
| 17 | school
system
in the area to be served and operates a separate | ||||||
| 18 | and exclusive school bus
program for the school system.
| ||||||
| 19 | (g) Grants may be made for mass transportation purposes | ||||||
| 20 | with
funds
appropriated from the Build Illinois Bond Fund | ||||||
| 21 | consistent with the
specific purposes for which those funds are | ||||||
| 22 | appropriated by the
General
Assembly. Grants under this | ||||||
| 23 | subsection (g) are not subject to any
limitations or conditions | ||||||
| 24 | imposed upon grants by any other provision of
this Section, | ||||||
| 25 | except that the Secretary may impose the terms and
conditions | ||||||
| 26 | that in his or her judgment are necessary to ensure
the proper | ||||||
| |||||||
| |||||||
| 1 | and
effective utilization of the grants under this subsection.
| ||||||
| 2 | (h) The Department may let contracts for mass | ||||||
| 3 | transportation
purposes
and facilities for the purpose of | ||||||
| 4 | reducing urban congestion funded in whole
or in part with bonds | ||||||
| 5 | described in subdivision (b)(1) of
Section 4 of the
General | ||||||
| 6 | Obligation Bond Act, not to exceed $75,000,000 in bonds.
| ||||||
| 7 | (i) The Department may make grants to carriers, districts, | ||||||
| 8 | and
units of local government for the purpose of reimbursing
| ||||||
| 9 | them for providing reduced
fares for mass transportation | ||||||
| 10 | services for students, persons with disabilities, handicapped | ||||||
| 11 | persons
and the elderly. Grants shall be made upon the terms | ||||||
| 12 | and
conditions that in
the judgment of the Secretary are | ||||||
| 13 | necessary to ensure their proper and
effective utilization.
| ||||||
| 14 | (j) The Department may make grants to carriers, districts, | ||||||
| 15 | and units of local government for costs of providing ADA | ||||||
| 16 | paratransit service.
| ||||||
| 17 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
| 18 | (20 ILCS 2705/2705-310)
| ||||||
| 19 | Sec. 2705-310.
Grants for transportation for persons with | ||||||
| 20 | disabilities handicapped
persons.
| ||||||
| 21 | (a) For the purposes of this Section, the following
| ||||||
| 22 | definitions
apply:
| ||||||
| 23 | "Carrier" means a district or a not for profit corporation | ||||||
| 24 | providing
mass transportation for persons with disabilities | ||||||
| 25 | handicapped persons on a regular and continuing basis.
| ||||||
| |||||||
| |||||||
| 1 | "Person with a disability Handicapped person" means any | ||||||
| 2 | individual who, by reason of
illness, injury, age, congenital | ||||||
| 3 | malfunction, or other permanent or
temporary incapacity or | ||||||
| 4 | disability, is unable without special mass
transportation | ||||||
| 5 | facilities
or special planning or design to utilize ordinary | ||||||
| 6 | mass transportation
facilities and services as effectively as | ||||||
| 7 | persons who are not so affected.
| ||||||
| 8 | "Unit of local government", "district", and "facilities" | ||||||
| 9 | have the meanings
ascribed to them in Section 2705-305.
| ||||||
| 10 | (b) The Department may make grants from the Transportation | ||||||
| 11 | Fund
and the
General Revenue Fund (i) to units of local | ||||||
| 12 | government,
districts, and carriers for vehicles, equipment, | ||||||
| 13 | and the
acquisition, construction, extension, reconstruction, | ||||||
| 14 | and improvement of
mass transportation facilities for persons | ||||||
| 15 | with disabilities handicapped persons and (ii) during
State
| ||||||
| 16 | fiscal years 1986 and 1987, to the Regional Transportation | ||||||
| 17 | Authority for
operating assistance for mass transportation for | ||||||
| 18 | mobility limited
handicapped persons, including paratransit | ||||||
| 19 | services for the mobility
limited. The grants shall be made | ||||||
| 20 | upon the terms and
conditions that in the
judgment of the | ||||||
| 21 | Secretary are necessary to ensure their proper and
effective | ||||||
| 22 | utilization. The procedures, limitations, and safeguards | ||||||
| 23 | provided
in Section 2705-305 to govern grants for mass
| ||||||
| 24 | transportation shall
apply to grants made under this Section.
| ||||||
| 25 | For the efficient administration of grants, the | ||||||
| 26 | Department, on behalf of
grant recipients under
this Section | ||||||
| |||||||
| |||||||
| 1 | and on
behalf of recipients receiving funds under Sections 5309 | ||||||
| 2 | and
5311 of the
Federal Transit Act and State funds, may | ||||||
| 3 | administer and consolidate
procurements and
may enter into | ||||||
| 4 | contracts with manufacturers of vehicles and equipment.
| ||||||
| 5 | (c) The Department may make operating assistance grants | ||||||
| 6 | from the
Transportation Fund to those carriers that, during | ||||||
| 7 | federal fiscal year
1986, directly received operating | ||||||
| 8 | assistance pursuant to Section 5307
or
Section 5311 of the | ||||||
| 9 | Federal Transit Act, or under contracts
with a unit of local | ||||||
| 10 | government or mass transit
district that received
operating | ||||||
| 11 | expenses under Section 5307 or Section 5311 of
the Federal | ||||||
| 12 | Transit Act, to provide public paratransit services to the | ||||||
| 13 | general
mobility limited population. The Secretary shall take | ||||||
| 14 | into consideration
the reduction in federal operating expense | ||||||
| 15 | grants to carriers when
considering the grant applications. The | ||||||
| 16 | procedures,
limitations, and
safeguards provided in Section | ||||||
| 17 | 2705-305 to govern
grants for mass
transportation shall apply | ||||||
| 18 | to grants made under this Section.
| ||||||
| 19 | (Source: P.A. 90-774, eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 20 | (20 ILCS 2705/2705-321)
| ||||||
| 21 | Sec. 2705-321. Illinois Transit Ridership and Economic | ||||||
| 22 | Development (TRED)
Pilot Project Program; new facilities and | ||||||
| 23 | service.
| ||||||
| 24 | (a) Subject to appropriation, the Department of | ||||||
| 25 | Transportation shall establish the Illinois Transit
Ridership | ||||||
| |||||||
| |||||||
| 1 | and Economic Development (TRED) Pilot Project Program to build
| ||||||
| 2 | transit systems that more effectively address the needs of | ||||||
| 3 | Illinois workers,
families, and businesses. The Illinois TRED | ||||||
| 4 | Pilot Project Program shall provide
for new or expanded mass | ||||||
| 5 | transportation service and facilities, including rapid
| ||||||
| 6 | transit,
rail, bus, and other equipment used in connection with | ||||||
| 7 | mass transit, by the
State, a public
entity, or 2 or more of | ||||||
| 8 | these entities authorized to provide and promote public
| ||||||
| 9 | transportation in order to increase the level of service | ||||||
| 10 | available in local
communities, as well as improve the quality | ||||||
| 11 | of life and economic viability of
the State of Illinois.
| ||||||
| 12 | The Illinois TRED Pilot Project Program expenditures for | ||||||
| 13 | mass transportation
service and facilities within the State | ||||||
| 14 | must:
| ||||||
| 15 | (1) Improve the economic viability of Illinois by | ||||||
| 16 | facilitating the
transportation of Illinois residents to | ||||||
| 17 | places of employment, to educational
facilities, and to | ||||||
| 18 | commercial, medical, and shopping districts.
| ||||||
| 19 | (2) Increase the frequency and reliability of public | ||||||
| 20 | transit service.
| ||||||
| 21 | (3) Facilitate the movement of all persons, including | ||||||
| 22 | those persons who,
because of age, economic circumstance, | ||||||
| 23 | or physical infirmity, are unable to
drive.
| ||||||
| 24 | (4) Contribute to an improved environment through the | ||||||
| 25 | reduction of air,
water, and noise pollution.
| ||||||
| 26 | (b) Under the Illinois TRED Pilot Project Program, subject | ||||||
| |||||||
| |||||||
| 1 | to appropriation, the Department shall fund
each fiscal year, | ||||||
| 2 | in coordination and consultation with other government
| ||||||
| 3 | agencies that provide or fund transportation
services, the | ||||||
| 4 | Illinois Public Transportation Association, and transit
| ||||||
| 5 | advocates,
projects as specified in subsection (c). Total | ||||||
| 6 | funding for each project shall
not
exceed $500,000 and the | ||||||
| 7 | funding for all projects shall not exceed $4,500,000.
The
| ||||||
| 8 | Department shall submit annual reports to the General Assembly | ||||||
| 9 | by March 1 of
each
fiscal year regarding the status of these | ||||||
| 10 | projects, including service to
constituents
including local | ||||||
| 11 | businesses, seniors, and people with disabilities, costs, and
| ||||||
| 12 | other
appropriate measures of impact.
| ||||||
| 13 | (c) Subject to appropriation, the Department shall make | ||||||
| 14 | grants to any of the following in order to create:
| ||||||
| 15 | (1) Two demonstration projects for the Chicago Transit | ||||||
| 16 | Authority to increase services to currently underserved | ||||||
| 17 | communities and neighborhoods, such as, but not limited to, | ||||||
| 18 | Altgeld Gardens, Pilsen, and Lawndale.
| ||||||
| 19 | (2) (Blank.)
| ||||||
| 20 | (3) The Intertownship Transportation Program for | ||||||
| 21 | Northwest
Suburban Cook County, which shall complement | ||||||
| 22 | existing Pace service and involve
cooperation of several | ||||||
| 23 | townships to provide transportation services for senior
| ||||||
| 24 | residents and residents with disabilities and disabled
| ||||||
| 25 | residents across village and township boundaries that is | ||||||
| 26 | currently not provided
by Pace
and by individual townships | ||||||
| |||||||
| |||||||
| 1 | and municipalities.
| ||||||
| 2 | (4) RIDES transit services to Richland and
Lawrence | ||||||
| 3 | Counties to extend transit services into Richland and | ||||||
| 4 | Lawrence
Counties and enhance service in Wayne, Edwards, | ||||||
| 5 | and Wabash Counties that
share common travel patterns and | ||||||
| 6 | needs with Lawrence and Richland
counties. Funding shall be | ||||||
| 7 | used to develop a route structure that
shall coordinate | ||||||
| 8 | social service and general public requirements and
obtain | ||||||
| 9 | vehicles to support the additional service.
| ||||||
| 10 | (5) Peoria Regional Transportation Initiative, which
| ||||||
| 11 | shall fund the development of a plan to create a regional
| ||||||
| 12 | transportation service in the Peoria-Pekin MSA that | ||||||
| 13 | integrates and
expands the existing services and that would | ||||||
| 14 | allow local leaders to
develop a funding plan and a | ||||||
| 15 | timetable to secure final political
approval. The plan is | ||||||
| 16 | intended to facilitate regional economic development and
| ||||||
| 17 | provide greater mobility to workers, senior citizens, and | ||||||
| 18 | people with
disabilities.
| ||||||
| 19 | (6) Rock Island MetroLINK/Black Hawk College | ||||||
| 20 | Coordination Project, which shall increase mobility for | ||||||
| 21 | lower income students to access educational services and | ||||||
| 22 | job training on the metropolitan bus system, which will | ||||||
| 23 | better link community college students with transportation | ||||||
| 24 | alternatives. | ||||||
| 25 | (7) The West Central Transit District to serve Scott | ||||||
| 26 | and Morgan Counties. Funding shall be used to develop a | ||||||
| |||||||
| |||||||
| 1 | route structure that shall coordinate social service and | ||||||
| 2 | general public requirements and obtain vehicles to support | ||||||
| 3 | the service.
| ||||||
| 4 | (8) Additional community college coordination | ||||||
| 5 | projects, which shall increase mobility for lower income | ||||||
| 6 | students to access educational services and job training on | ||||||
| 7 | any Champaign-Urbana MTD and Danville Mass Transit bus | ||||||
| 8 | routes, which will better link community college students | ||||||
| 9 | with transportation alternatives.
| ||||||
| 10 | (Source: P.A. 93-1004, eff. 8-24-04.)
| ||||||
| 11 | Section 230. The Department of Veterans Affairs Act is | ||||||
| 12 | amended by changing Sections 2.01 and 5 as follows:
| ||||||
| 13 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
| ||||||
| 14 | Sec. 2.01. Veterans Home admissions.
| ||||||
| 15 | (a) Any honorably discharged veteran
is entitled to | ||||||
| 16 | admission to an Illinois
Veterans Home if the applicant meets | ||||||
| 17 | the requirements of this Section.
| ||||||
| 18 | (b)
The veteran must: | ||||||
| 19 | (1) have served in the armed forces of the United | ||||||
| 20 | States at least
1 day in World War II, the Korean
Conflict, | ||||||
| 21 | the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||||||
| 22 | the dates recognized by the U.S. Department of Veterans | ||||||
| 23 | Affairs or
between any other present or future dates | ||||||
| 24 | recognized by the U.S. Department of
Veterans Affairs as a | ||||||
| |||||||
| |||||||
| 1 | war period, or have served in a hostile fire
environment | ||||||
| 2 | and has been awarded a campaign or expeditionary medal
| ||||||
| 3 | signifying his or her service,
for purposes of eligibility | ||||||
| 4 | for domiciliary or
nursing home care; | ||||||
| 5 | (2) have served and been honorably discharged or | ||||||
| 6 | retired from the armed forces of the United States for a | ||||||
| 7 | service connected disability or injury, for purposes of | ||||||
| 8 | eligibility for domiciliary or
nursing home care; | ||||||
| 9 | (3) have served as an enlisted person at least 90 days | ||||||
| 10 | on active duty in the armed forces of the United States, | ||||||
| 11 | excluding service on active duty for training purposes | ||||||
| 12 | only, and entered active duty before September 8, 1980, for | ||||||
| 13 | purposes of eligibility for domiciliary or
nursing home | ||||||
| 14 | care; | ||||||
| 15 | (4) have served as an officer at least 90 days on | ||||||
| 16 | active duty in the armed forces of the United States, | ||||||
| 17 | excluding service on active duty for training purposes | ||||||
| 18 | only, and entered active duty before October 17, 1981, for | ||||||
| 19 | purposes of eligibility for domiciliary or
nursing home | ||||||
| 20 | care; | ||||||
| 21 | (5) have served on active duty in the armed forces of | ||||||
| 22 | the United States for 24 months of continuous service or | ||||||
| 23 | more, excluding active duty for training purposes only, and | ||||||
| 24 | enlisted after September 7, 1980, for purposes of | ||||||
| 25 | eligibility for domiciliary or
nursing home care; | ||||||
| 26 | (6) have served as a reservist in the armed forces of | ||||||
| |||||||
| |||||||
| 1 | the United States or the National Guard and the service | ||||||
| 2 | included being called to federal active duty, excluding | ||||||
| 3 | service on active duty for training purposes only, and who | ||||||
| 4 | completed the term,
for purposes of eligibility for | ||||||
| 5 | domiciliary or nursing home care;
| ||||||
| 6 | (7) have been discharged for reasons of hardship or | ||||||
| 7 | released from active duty due to a reduction in the United | ||||||
| 8 | States armed forces prior to the completion of the required | ||||||
| 9 | period of service, regardless of the actual time served, | ||||||
| 10 | for purposes of eligibility for domiciliary or nursing home | ||||||
| 11 | care; or
| ||||||
| 12 | (8) have served in the National Guard or Reserve Forces | ||||||
| 13 | of the
United States and completed 20 years of satisfactory | ||||||
| 14 | service, be
otherwise eligible to receive reserve or active | ||||||
| 15 | duty retirement
benefits, and have been an Illinois | ||||||
| 16 | resident for at least one year
before applying for | ||||||
| 17 | admission for purposes of eligibility
for domiciliary care | ||||||
| 18 | only.
| ||||||
| 19 | (c) The veteran must have service accredited to the State | ||||||
| 20 | of Illinois or
have been a resident of this State for one year | ||||||
| 21 | immediately
preceding the date of application.
| ||||||
| 22 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
| 23 | and
Quincy, the veteran must have developed a disability be | ||||||
| 24 | disabled by disease, wounds, or otherwise and because
of the | ||||||
| 25 | disability be incapable of earning a living.
| ||||||
| 26 | (e) For admission to the Illinois Veterans Homes at LaSalle | ||||||
| |||||||
| |||||||
| 1 | and Manteno,
the veteran must have developed a disability be | ||||||
| 2 | disabled by disease, wounds, or otherwise and, for purposes of | ||||||
| 3 | eligibility
for nursing home care, require nursing care because | ||||||
| 4 | of the disability. | ||||||
| 5 | (f) An individual who served during a time of conflict as | ||||||
| 6 | set forth in subsection (a)(1) of this Section has preference | ||||||
| 7 | over all other qualifying candidates, for purposes of | ||||||
| 8 | eligibility for domiciliary or
nursing home care at any | ||||||
| 9 | Illinois Veterans Home.
| ||||||
| 10 | (Source: P.A. 97-297, eff. 1-1-12.)
| ||||||
| 11 | (20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)
| ||||||
| 12 | Sec. 5.
(a) Every veteran with a disability who is a | ||||||
| 13 | resident of Illinois and disabled
shall be exempt from all | ||||||
| 14 | camping and admission fees in parks under the control
of the | ||||||
| 15 | Department of Natural Resources. For the purpose
of this | ||||||
| 16 | subsection (a), a resident disabled veteran with a disability | ||||||
| 17 | is one who has a permanent disability is permanently
disabled | ||||||
| 18 | from service connected causes with 100% disability or one who | ||||||
| 19 | has
permanently lost the use of a leg or both legs or an arm or | ||||||
| 20 | both arms or any
combination thereof or any person who has a | ||||||
| 21 | disability so severe is so severely disabled as to be unable
to | ||||||
| 22 | move without the aid of crutches or a wheelchair. The | ||||||
| 23 | Department shall
issue free use permits to those eligible | ||||||
| 24 | veterans. To establish eligibility,
the veteran shall present | ||||||
| 25 | an award letter or some other identifying disability
document, | ||||||
| |||||||
| |||||||
| 1 | together with proper identification, to any office of the
| ||||||
| 2 | Department. Subject to the approval of the Department of | ||||||
| 3 | Natural Resources,
the Department of Veterans' Affairs shall | ||||||
| 4 | establish the form
or permit identifier to be issued.
| ||||||
| 5 | (b) Every veteran who is a resident of Illinois and a | ||||||
| 6 | former prisoner
of war shall be exempt from all camping and | ||||||
| 7 | admission fees in parks under
the control of the Department of | ||||||
| 8 | Natural Resources. For
the purposes of this subsection (b), a | ||||||
| 9 | former prisoner of war is a veteran who
was taken and held | ||||||
| 10 | prisoner by a hostile foreign force while participating in
an | ||||||
| 11 | armed conflict as a member of the United States armed forces. | ||||||
| 12 | Any
identification card or other form of identification issued | ||||||
| 13 | by the Veterans'
Administration or other governmental agency | ||||||
| 14 | which indicates the card-holder's
former prisoner of war status | ||||||
| 15 | shall be sufficient to accord such card-holder
the fee-exempt | ||||||
| 16 | admission or camping privileges under this subsection.
| ||||||
| 17 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 18 | Section 235. The Illinois Housing Development Act is | ||||||
| 19 | amended by changing Section 13 as follows:
| ||||||
| 20 | (20 ILCS 3805/13) (from Ch. 67 1/2, par. 313)
| ||||||
| 21 | Sec. 13.
The Authority shall require that occupancy of all | ||||||
| 22 | housing financed or
otherwise assisted under this Act be open | ||||||
| 23 | to all persons regardless of
race, national origin, religion, | ||||||
| 24 | creed, sex, age or physical or mental disability handicap
and | ||||||
| |||||||
| |||||||
| 1 | that contractors and
subcontractors engaged in the | ||||||
| 2 | construction or rehabilitation of such
housing or any housing | ||||||
| 3 | related commercial facility, shall provide equal
opportunity | ||||||
| 4 | for employment without
discrimination as to race, national | ||||||
| 5 | origin, religion, creed,
sex, age or physical or mental | ||||||
| 6 | disability handicap.
| ||||||
| 7 | (Source: P.A. 83-1251.)
| ||||||
| 8 | Section 240. The Illinois Power Agency Act is amended by | ||||||
| 9 | changing Section 1-127 as follows:
| ||||||
| 10 | (20 ILCS 3855/1-127)
| ||||||
| 11 | Sec. 1-127. Minority owned businesses, female owned | ||||||
| 12 | businesses, and businesses owned by persons with disabilities | ||||||
| 13 | Minority, female, and disabled persons businesses; reports. | ||||||
| 14 | (a) The Director of the Illinois Power Agency, or his or | ||||||
| 15 | her designee, when offering bids for professional services, | ||||||
| 16 | shall conduct outreach to minority owned businesses, female | ||||||
| 17 | owned businesses, and businesses owned by persons with | ||||||
| 18 | disabilities. Outreach shall include, but is not limited to, | ||||||
| 19 | advertisements in periodicals and newspapers, mailings, and | ||||||
| 20 | other appropriate media. | ||||||
| 21 | (b) The Director or his or her designee shall, upon | ||||||
| 22 | request, provide technical assistance to minority owned | ||||||
| 23 | businesses, female owned businesses, and businesses owned by | ||||||
| 24 | persons with disabilities seeking to do business with the | ||||||
| |||||||
| |||||||
| 1 | Agency. | ||||||
| 2 | (c) The Director or his or her designee, upon request, | ||||||
| 3 | shall conduct post-bid reviews with minority owned businesses, | ||||||
| 4 | female owned businesses, and businesses owned by persons with | ||||||
| 5 | disabilities whose bids were not selected by the Agency. | ||||||
| 6 | Post-bid reviews shall provide a business with detailed and | ||||||
| 7 | specific reasons why the bid of that business was rejected and | ||||||
| 8 | concrete recommendations to improve its bid application on | ||||||
| 9 | future Agency professional services opportunities. | ||||||
| 10 | (d) The Agency shall report annually to the Governor and | ||||||
| 11 | the General Assembly by July 1. The report shall identify the | ||||||
| 12 | businesses that have provided bids to offer professional | ||||||
| 13 | services to the Agency and shall also include, but not be | ||||||
| 14 | limited to, the following information: | ||||||
| 15 | (1) whether or not the businesses are minority owned | ||||||
| 16 | businesses, female owned businesses, or businesses owned | ||||||
| 17 | by persons with disabilities; | ||||||
| 18 | (2) the percentage of professional service contracts | ||||||
| 19 | that were awarded to minority owned businesses, female | ||||||
| 20 | owned businesses, and businesses owned by persons with | ||||||
| 21 | disabilities as compared to other businesses; and | ||||||
| 22 | (3) the actions the Agency has undertaken to increase | ||||||
| 23 | the use of the minority owned businesses, female owned | ||||||
| 24 | businesses, and businesses owned by persons with | ||||||
| 25 | disabilities in professional service contracts. | ||||||
| 26 | (e) In this Section, "professional services" means | ||||||
| |||||||
| |||||||
| 1 | services that use skills that are predominantly mental or | ||||||
| 2 | intellectual, rather than physical or manual, including, but | ||||||
| 3 | not limited to, accounting, architecture, consulting, | ||||||
| 4 | engineering, finance, legal, and marketing. "Professional | ||||||
| 5 | services" does not include bidders into the competitive | ||||||
| 6 | procurement process pursuant to Section 16-111.5 of the Public | ||||||
| 7 | Utilities Act.
| ||||||
| 8 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
| 9 | Section 245. The Guardianship and Advocacy Act is amended | ||||||
| 10 | by changing the title of the Act and Section 2 as follows:
| ||||||
| 11 | (20 ILCS 3955/Act title)
| ||||||
| 12 | An Act to create the Guardianship and Advocacy Commission, | ||||||
| 13 | to safeguard
the rights and to provide legal counsel and | ||||||
| 14 | representation for eligible
persons and to create the Office of | ||||||
| 15 | State Guardian for persons with disabilities disabled persons.
| ||||||
| 16 | (20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
| ||||||
| 17 | Sec. 2. As used in this Act, unless the context requires | ||||||
| 18 | otherwise:
| ||||||
| 19 | (a) "Authority" means a Human Rights Authority.
| ||||||
| 20 | (b) "Commission" means the Guardianship and Advocacy | ||||||
| 21 | Commission.
| ||||||
| 22 | (c) "Director" means the Director of the Guardianship and
| ||||||
| 23 | Advocacy Commission.
| ||||||
| |||||||
| |||||||
| 1 | (d) "Guardian" means a court appointed guardian or | ||||||
| 2 | conservator.
| ||||||
| 3 | (e) "Services" includes but is not limited to examination, | ||||||
| 4 | diagnosis,
evaluation, treatment, care, training, | ||||||
| 5 | psychotherapy, pharmaceuticals,
after-care, habilitation, and | ||||||
| 6 | rehabilitation provided for an eligible
person.
| ||||||
| 7 | (f) "Person" means an individual, corporation, | ||||||
| 8 | partnership, association,
unincorporated organization, or a | ||||||
| 9 | government or any subdivision, agency,
or instrumentality | ||||||
| 10 | thereof.
| ||||||
| 11 | (g) "Eligible persons" means individuals who have | ||||||
| 12 | received, are receiving,
have requested, or may be in need of | ||||||
| 13 | mental health services, or are "persons
with a developmental | ||||||
| 14 | disability" as defined in the federal Developmental
| ||||||
| 15 | Disabilities Services and Facilities Construction Act (Public | ||||||
| 16 | Law 94-103,
Title II), as now or hereafter amended, or "persons | ||||||
| 17 | with disabilities disabled" as defined in
the Rehabilitation of | ||||||
| 18 | Persons with Disabilities Disabled Persons Rehabilitation Act.
| ||||||
| 19 | (h) "Rights" includes but is not limited to all rights, | ||||||
| 20 | benefits, and
privileges guaranteed by law, the Constitution of | ||||||
| 21 | the State of Illinois,
and the Constitution of the United | ||||||
| 22 | States.
| ||||||
| 23 | (i) "Legal Advocacy Service attorney" means an attorney
| ||||||
| 24 | employed by or under contract with the Legal Advocacy Service.
| ||||||
| 25 | (j) "Service provider" means any public or private | ||||||
| 26 | facility, center,
hospital, clinic, program, or any other | ||||||
| |||||||
| |||||||
| 1 | person devoted in whole or in part
to providing services to | ||||||
| 2 | eligible persons.
| ||||||
| 3 | (k) "State Guardian" means the Office of State Guardian.
| ||||||
| 4 | (l) "Ward" means a ward as defined by the Probate Act of
| ||||||
| 5 | 1975, as now or hereafter amended, who is at
least 18 years of | ||||||
| 6 | age.
| ||||||
| 7 | (Source: P.A. 88-380; 89-626, eff. 8-9-96.)
| ||||||
| 8 | Section 250. The State Finance Act is amended by changing | ||||||
| 9 | Sections 5.779, 6z-71, 6z-83, 6z-95, and 8.8 as follows:
| ||||||
| 10 | (30 ILCS 105/5.779) | ||||||
| 11 | Sec. 5.779. The Property Tax Relief for Veterans with | ||||||
| 12 | Disabilities Disabled Veterans Property Tax Relief Fund.
| ||||||
| 13 | (Source: P.A. 96-1424, eff. 8-3-10.)
| ||||||
| 14 | (30 ILCS 105/6z-71) | ||||||
| 15 | Sec. 6z-71. Human Services Priority Capital Program Fund. | ||||||
| 16 | The Human Services Priority Capital Program Fund is created as | ||||||
| 17 | a special fund in the State treasury. Subject to appropriation, | ||||||
| 18 | the Department of Human Services shall use moneys in the Human | ||||||
| 19 | Services Priority Capital Program Fund to make grants to the | ||||||
| 20 | Illinois Facilities Fund, a not-for-profit corporation, to | ||||||
| 21 | make long term below market rate loans to nonprofit human | ||||||
| 22 | service providers working under contract to the State of | ||||||
| 23 | Illinois to assist those providers in meeting their capital | ||||||
| |||||||
| |||||||
| 1 | needs. The loans shall be for the purpose of such capital | ||||||
| 2 | needs, including but not limited to special use facilities, | ||||||
| 3 | requirements for serving persons with disabilities, the the | ||||||
| 4 | disabled, mentally ill, or substance abusers, and medical and | ||||||
| 5 | technology equipment. Loan repayments shall be deposited into | ||||||
| 6 | the Human Services Priority Capital Program Fund. Interest | ||||||
| 7 | income may be used to cover expenses of the program. The | ||||||
| 8 | Illinois Facilities Fund shall report to the Department of | ||||||
| 9 | Human Services and the General Assembly by April 1, 2008, and | ||||||
| 10 | again by April 1, 2009, as to the use and earnings of the | ||||||
| 11 | program.
| ||||||
| 12 | A portion of the proceeds from the sale of a mental health | ||||||
| 13 | facility or developmental disabilities facility operated by | ||||||
| 14 | the Department of Human Services may be deposited into the Fund | ||||||
| 15 | and may be used for the purposes described in this Section. | ||||||
| 16 | (Source: P.A. 98-815, eff. 8-1-14.)
| ||||||
| 17 | (30 ILCS 105/6z-83) | ||||||
| 18 | Sec. 6z-83. The Property Tax Relief for Veterans with | ||||||
| 19 | Disabilities Disabled Veterans Property Tax Relief Fund; | ||||||
| 20 | creation. The Property Tax Relief for Veterans with | ||||||
| 21 | Disabilities Disabled Veterans Property Tax Relief Fund is | ||||||
| 22 | created as a special fund in the State treasury. Subject to | ||||||
| 23 | appropriation, moneys in the Fund shall be used by the | ||||||
| 24 | Department of Veterans' Affairs for the purpose of providing | ||||||
| 25 | property tax relief to veterans with disabilities disabled | ||||||
| |||||||
| |||||||
| 1 | veterans. The Department of Veterans' Affairs may adopt rules | ||||||
| 2 | to implement this Section.
| ||||||
| 3 | (Source: P.A. 96-1424, eff. 8-3-10.)
| ||||||
| 4 | (30 ILCS 105/6z-95) | ||||||
| 5 | Sec. 6z-95. The Housing for Families Fund; creation. The | ||||||
| 6 | Housing for Families Fund is created as a special fund in the | ||||||
| 7 | State treasury. Moneys in the Fund shall be used by the | ||||||
| 8 | Department of Human Services to make grants to public or | ||||||
| 9 | private not-for-profit entities for the purpose of building new | ||||||
| 10 | housing for low income, working poor, disabled, low credit, and | ||||||
| 11 | no credit families and families with disabilities. For the | ||||||
| 12 | purposes of this Section, "low income", "working poor", | ||||||
| 13 | "families with disabilities disabled", "low credit", and "no | ||||||
| 14 | credit families" shall be defined by the Department of Human | ||||||
| 15 | Services by rule.
| ||||||
| 16 | (Source: P.A. 97-1117, eff. 8-27-12.)
| ||||||
| 17 | (30 ILCS 105/8.8) (from Ch. 127, par. 144.8) | ||||||
| 18 | Sec. 8.8. Appropriations for the improvement, development, | ||||||
| 19 | addition or
expansion of services for the care, treatment, and | ||||||
| 20 | training of persons who
have intellectual disabilities are | ||||||
| 21 | intellectually disabled or subject to involuntary admission | ||||||
| 22 | under the Mental
Health and Developmental Disabilities Code or | ||||||
| 23 | for the financing of any
program designed to provide such | ||||||
| 24 | improvement, development, addition or
expansion of services or | ||||||
| |||||||
| |||||||
| 1 | for expenses associated with providing services to other units | ||||||
| 2 | of government under Section 5-107.2 of the Mental Health and | ||||||
| 3 | Developmental Disabilities Code, or other ordinary and | ||||||
| 4 | contingent expenses
of the Department of Human Services | ||||||
| 5 | relating to mental health and
developmental disabilities, are | ||||||
| 6 | payable from the Mental Health Fund.
However, no expenditures | ||||||
| 7 | shall be made for the purchase, construction,
lease, or rental | ||||||
| 8 | of buildings for use as State-operated mental health or
| ||||||
| 9 | developmental disability facilities. | ||||||
| 10 | (Source: P.A. 96-959, eff. 7-1-10; 97-227, eff. 1-1-12; 97-665, | ||||||
| 11 | eff. 6-1-12.)
| ||||||
| 12 | Section 255. The State Officers and Employees Money | ||||||
| 13 | Disposition Act is amended by changing Section 1 as follows:
| ||||||
| 14 | (30 ILCS 230/1) (from Ch. 127, par. 170)
| ||||||
| 15 | Sec. 1. Application of Act; exemptions. The officers of the | ||||||
| 16 | Executive
Department of the State Government, the Clerk of the | ||||||
| 17 | Supreme Court, the Clerks
of the Appellate Courts, the | ||||||
| 18 | Departments of the State government created by the
Civil | ||||||
| 19 | Administrative Code of Illinois, and all other officers, | ||||||
| 20 | boards,
commissions, commissioners, departments, institutions, | ||||||
| 21 | arms or agencies, or
agents of the Executive Department of the | ||||||
| 22 | State government except the
University of Illinois, Southern | ||||||
| 23 | Illinois University,
Chicago State University, Eastern | ||||||
| 24 | Illinois University, Governors State
University, Illinois | ||||||
| |||||||
| |||||||
| 1 | State University, Northeastern Illinois University,
Northern | ||||||
| 2 | Illinois University, Western Illinois University, the | ||||||
| 3 | Cooperative
Computer Center, and the Board of Trustees of the | ||||||
| 4 | Illinois Bank
Examiners' Education Foundation for moneys | ||||||
| 5 | collected pursuant to subsection
(11) of Section 48 of the | ||||||
| 6 | Illinois Banking Act for purposes of the Illinois
Bank | ||||||
| 7 | Examiners' Education Program are subject to this Act. This Act | ||||||
| 8 | shall not
apply, however, to any of the following: (i) the | ||||||
| 9 | receipt by any such officer of
federal funds made available | ||||||
| 10 | under such conditions as precluded the payment
thereof into the | ||||||
| 11 | State Treasury, (ii) (blank), (iii) the Director of
Insurance | ||||||
| 12 | in his capacity as rehabilitator or liquidator under Article | ||||||
| 13 | XIII of
the Illinois Insurance Code, (iv) funds received by the | ||||||
| 14 | Illinois State
Scholarship Commission from private firms | ||||||
| 15 | employed by the State to collect
delinquent amounts due and | ||||||
| 16 | owing from a borrower on any loans guaranteed by
such | ||||||
| 17 | Commission under the Higher Education Student Assistance Law or | ||||||
| 18 | on any
"eligible loans" as that term is defined under the | ||||||
| 19 | Education Loan Purchase
Program Law, or (v) moneys collected on | ||||||
| 20 | behalf of lessees of facilities of the
Department of | ||||||
| 21 | Agriculture located on the Illinois State Fairgrounds at
| ||||||
| 22 | Springfield and DuQuoin. This Section 1 shall not apply to the | ||||||
| 23 | receipt of funds
required to be deposited in the Industrial | ||||||
| 24 | Project Fund pursuant to Section 12
of the Rehabilitation of | ||||||
| 25 | Persons with Disabilities Disabled Persons Rehabilitation Act.
| ||||||
| 26 | (Source: P.A. 92-850, eff.
8-26-02.)
| ||||||
| |||||||
| |||||||
| 1 | Section 260. The General Obligation Bond Act is amended by | ||||||
| 2 | changing Section 3 as follows:
| ||||||
| 3 | (30 ILCS 330/3) (from Ch. 127, par. 653)
| ||||||
| 4 | Sec. 3. Capital Facilities. The amount of $9,753,963,443 is | ||||||
| 5 | authorized
to be used for the acquisition, development, | ||||||
| 6 | construction, reconstruction,
improvement, financing, | ||||||
| 7 | architectural planning and installation of capital
facilities | ||||||
| 8 | within the State, consisting of buildings, structures, durable
| ||||||
| 9 | equipment, land, interests in land, and the costs associated | ||||||
| 10 | with the purchase and implementation of information | ||||||
| 11 | technology, including but not limited to the purchase of | ||||||
| 12 | hardware and software, for the following specific purposes:
| ||||||
| 13 | (a) $3,393,228,000 for educational purposes by
State | ||||||
| 14 | universities and
colleges, the Illinois Community College | ||||||
| 15 | Board created by the Public
Community College Act and for | ||||||
| 16 | grants to public community colleges as
authorized by | ||||||
| 17 | Sections 5-11 and 5-12 of the Public Community College Act;
| ||||||
| 18 | (b) $1,648,420,000 for correctional purposes at
State
| ||||||
| 19 | prison and correctional centers;
| ||||||
| 20 | (c) $599,183,000 for open spaces, recreational and
| ||||||
| 21 | conservation purposes and the protection of land;
| ||||||
| 22 | (d) $751,317,000 for child care facilities, mental
and | ||||||
| 23 | public health facilities, and facilities for the care of | ||||||
| 24 | veterans with disabilities disabled
veterans and their | ||||||
| |||||||
| |||||||
| 1 | spouses;
| ||||||
| 2 | (e) $2,152,790,000 for use by the State, its
| ||||||
| 3 | departments, authorities, public corporations, commissions | ||||||
| 4 | and agencies;
| ||||||
| 5 | (f) $818,100 for cargo handling facilities at port | ||||||
| 6 | districts and for
breakwaters, including harbor entrances, | ||||||
| 7 | at port districts in conjunction
with facilities for small | ||||||
| 8 | boats and pleasure crafts;
| ||||||
| 9 | (g) $297,177,074 for water resource management
| ||||||
| 10 | projects;
| ||||||
| 11 | (h) $16,940,269 for the provision of facilities for | ||||||
| 12 | food production
research and related instructional and | ||||||
| 13 | public service activities at the
State universities and | ||||||
| 14 | public community colleges;
| ||||||
| 15 | (i) $36,000,000 for grants by the Secretary of State, | ||||||
| 16 | as
State
Librarian, for central library facilities | ||||||
| 17 | authorized by Section 8
of the Illinois Library System Act | ||||||
| 18 | and for grants by the Capital
Development Board to units of | ||||||
| 19 | local government for public library
facilities;
| ||||||
| 20 | (j) $25,000,000 for the acquisition, development, | ||||||
| 21 | construction,
reconstruction, improvement, financing, | ||||||
| 22 | architectural planning and
installation of capital | ||||||
| 23 | facilities consisting of buildings, structures,
durable | ||||||
| 24 | equipment and land for grants to counties, municipalities | ||||||
| 25 | or public
building commissions with correctional | ||||||
| 26 | facilities that do not comply with
the minimum standards of | ||||||
| |||||||
| |||||||
| 1 | the Department of Corrections under Section 3-15-2
of the | ||||||
| 2 | Unified Code of Corrections;
| ||||||
| 3 | (k) $5,000,000 for grants in fiscal year 1988 by the | ||||||
| 4 | Department of
Conservation for improvement or expansion of | ||||||
| 5 | aquarium facilities located on
property owned by a park | ||||||
| 6 | district;
| ||||||
| 7 | (l) $599,590,000 to State agencies for grants to
local | ||||||
| 8 | governments for
the acquisition, financing, architectural | ||||||
| 9 | planning, development, alteration,
installation, and | ||||||
| 10 | construction of capital facilities consisting of | ||||||
| 11 | buildings,
structures, durable equipment, and land; and
| ||||||
| 12 | (m) $228,500,000 for the Illinois Open Land Trust
| ||||||
| 13 | Program
as defined by the
Illinois Open Land Trust Act.
| ||||||
| 14 | The amounts authorized above for capital facilities may be | ||||||
| 15 | used
for the acquisition, installation, alteration, | ||||||
| 16 | construction, or
reconstruction of capital facilities and for | ||||||
| 17 | the purchase of equipment
for the purpose of major capital | ||||||
| 18 | improvements which will reduce energy
consumption in State | ||||||
| 19 | buildings or facilities.
| ||||||
| 20 | (Source: P.A. 98-94, eff. 7-17-13.)
| ||||||
| 21 | Section 265. The Capital Development Bond Act of 1972 is | ||||||
| 22 | amended by changing Section 3 as follows:
| ||||||
| 23 | (30 ILCS 420/3) (from Ch. 127, par. 753)
| ||||||
| 24 | Sec. 3.
The State of Illinois is authorized to issue, sell | ||||||
| |||||||
| |||||||
| 1 | and provide
for the retirement of general obligation bonds of | ||||||
| 2 | the State of Illinois
in the amount of $1,737,000,000 | ||||||
| 3 | hereinafter called
the "Bonds", for the specific purpose of | ||||||
| 4 | providing funds for the
acquisition, development, | ||||||
| 5 | construction, reconstruction, improvement,
financing, | ||||||
| 6 | architectural planning and installation of capital facilities
| ||||||
| 7 | consisting of buildings, structures, and durable equipment
and | ||||||
| 8 | for the acquisition and improvement
of real property and | ||||||
| 9 | interests in real property required, or expected to
be | ||||||
| 10 | required, in connection therewith and for the acquisition, | ||||||
| 11 | protection
and development of natural resources,
including | ||||||
| 12 | water related resources, within the State of Illinois for open
| ||||||
| 13 | spaces, water resource management, recreational and | ||||||
| 14 | conservation purposes,
all within the State of Illinois.
| ||||||
| 15 | The Bonds shall be used in the following specific manner:
| ||||||
| 16 | (a) $636,697,287 for the acquisition, development,
| ||||||
| 17 | construction, reconstruction,
improvement, financing, | ||||||
| 18 | architectural planning and installation of capital
facilities | ||||||
| 19 | consisting of buildings, structures,
durable equipment and | ||||||
| 20 | land for educational purposes by State universities
and | ||||||
| 21 | colleges, the Illinois Community College Board created by "An | ||||||
| 22 | Act in
relation to the
establishment, operation and maintenance | ||||||
| 23 | of public community colleges",
approved July 15, 1965, as | ||||||
| 24 | amended and by the School Building
Commission created by "An | ||||||
| 25 | Act to provide for the acquisition, construction, rental,
and | ||||||
| 26 | disposition of buildings used for school purposes", approved | ||||||
| |||||||
| |||||||
| 1 | June 21,
1957, as amended, or its successor, all within the | ||||||
| 2 | State of Illinois, and
for grants to public community colleges | ||||||
| 3 | as authorized by Section 5-11 of
the Public Community College | ||||||
| 4 | Act; and for the acquisition, development,
construction, | ||||||
| 5 | reconstruction rehabilitation, improvement, architectural
| ||||||
| 6 | planning and installation of capital facilities consisting of | ||||||
| 7 | durable movable
equipment, including antennas and structures | ||||||
| 8 | necessarily relating thereto,
for the Board of Governors of | ||||||
| 9 | State Colleges and Universities to construct
educational | ||||||
| 10 | television facilities, which educational television facilities
| ||||||
| 11 | may be located upon land or structures not owned by the State | ||||||
| 12 | providing
that the Board of Governors has at least a 25-year | ||||||
| 13 | lease for the use of
such non-state owned land or structures, | ||||||
| 14 | which lease may contain a provision
making it subject to annual | ||||||
| 15 | appropriations by the General Assembly;
| ||||||
| 16 | (b) $323,000,000 for the acquisition, development,
| ||||||
| 17 | construction, reconstruction, improvement, financing, | ||||||
| 18 | architectural planning
and installation of capital facilities | ||||||
| 19 | consisting of buildings, structures,
durable equipment and | ||||||
| 20 | land for correctional purposes at State prisons and
| ||||||
| 21 | correctional centers, all within the State of Illinois;
| ||||||
| 22 | (c) $157,020,000 for the acquisition, development,
| ||||||
| 23 | construction, reconstruction, improvement, financing, | ||||||
| 24 | architectural planning
and installation of capital facilities | ||||||
| 25 | consisting of buildings, structures,
durable equipment, and | ||||||
| 26 | land for open spaces, recreational and conservation
purposes | ||||||
| |||||||
| |||||||
| 1 | and the protection of land, all within the State of Illinois;
| ||||||
| 2 | (d) $146,580,000 for the acquisition, development,
| ||||||
| 3 | construction, reconstruction, improvement, financing, | ||||||
| 4 | architectural planning
and installation of capital facilities | ||||||
| 5 | consisting of buildings, structures,
durable equipment and | ||||||
| 6 | land for child care facilities, mental and public
health | ||||||
| 7 | facilities, and facilities for the care of veterans with | ||||||
| 8 | disabilities disabled veterans and
their spouses, all within | ||||||
| 9 | the State of Illinois;
| ||||||
| 10 | (e) $348,846,200 for the acquisition, development,
| ||||||
| 11 | construction, reconstruction, improvement, financing, | ||||||
| 12 | architectural planning
and installation of capital facilities | ||||||
| 13 | consisting of buildings, structures,
durable equipment and | ||||||
| 14 | land for use by the State, its departments, authorities,
public | ||||||
| 15 | corporations, commissions and agencies;
| ||||||
| 16 | (f) To reimburse the Illinois Building Authority created by | ||||||
| 17 | "An Act to
create the Illinois Building Authority and to define | ||||||
| 18 | its powers and duties",
as approved August 15, 1961, as | ||||||
| 19 | amended, for any and all costs and expenses
incurred, and to be | ||||||
| 20 | incurred, by the Illinois Building Authority in connection
with | ||||||
| 21 | the acquisition, construction, development, reconstruction, | ||||||
| 22 | improvement,
planning, installation and financing of capital | ||||||
| 23 | facilities consisting of
buildings, structures, equipment and | ||||||
| 24 | land as enumerated in subsections (a)
through (e) hereof, and | ||||||
| 25 | in connection therewith to acquire from the Illinois
Building | ||||||
| 26 | Authority any such capital facilities; provided, however, that
| ||||||
| |||||||
| |||||||
| 1 | nothing in this subparagraph shall be construed to require or | ||||||
| 2 | permit the
acquisition of facilities financed by the Illinois | ||||||
| 3 | Building
authority through the issuance of bonds;
| ||||||
| 4 | (g) $24,853,800 for the acquisition, development,
| ||||||
| 5 | construction, reconstruction, improvement, financing, | ||||||
| 6 | architectural planning
and installation of buildings, | ||||||
| 7 | structures, durable equipment, and land for:
| ||||||
| 8 | (1) Cargo handling facilities for use by port districts, | ||||||
| 9 | and
| ||||||
| 10 | (2) Breakwaters, including harbor entrances incident | ||||||
| 11 | thereto, for use
by port districts in conjunction with | ||||||
| 12 | facilities for small boats and pleasure craft;
| ||||||
| 13 | (h) $39,900,000 for the acquisition, development,
| ||||||
| 14 | construction, reconstruction, modification, financing, | ||||||
| 15 | architectural planning
and installation of capital facilities | ||||||
| 16 | consisting of buildings, structures,
durable equipment and | ||||||
| 17 | land for water resource management projects, all within
the | ||||||
| 18 | State of Illinois;
| ||||||
| 19 | (i) $9,852,713 for the acquisition, development, | ||||||
| 20 | construction,
reconstruction, improvement, financing, | ||||||
| 21 | architectural planning and installation
of capital facilities | ||||||
| 22 | consisting of buildings, structures, durable equipment
and | ||||||
| 23 | land for educational purposes by nonprofit, nonpublic health | ||||||
| 24 | service
educational institutions;
| ||||||
| 25 | (j) $48,000,000 for the acquisition, development,
| ||||||
| 26 | construction, reconstruction, improvement, financing, | ||||||
| |||||||
| |||||||
| 1 | architectural planning
and installation of capital facilities | ||||||
| 2 | consisting of buildings, structures,
durable equipment and | ||||||
| 3 | land for the provision of facilities for food production
| ||||||
| 4 | research and related instructional and public service | ||||||
| 5 | activities at the
State universities and public community | ||||||
| 6 | colleges, all within the State of Illinois;
| ||||||
| 7 | (k) $2,250,000 for grants by the Secretary of State,
as | ||||||
| 8 | State Librarian,
for the construction, acquisition, | ||||||
| 9 | development, reconstruction
and improvement of central library | ||||||
| 10 | facilities authorized
under Section 8 of "The Illinois Library | ||||||
| 11 | System Act", as amended.
| ||||||
| 12 | (Source: P.A. 86-453.)
| ||||||
| 13 | Section 270. The Illinois Procurement Code is amended by | ||||||
| 14 | changing Section 25-60 as follows:
| ||||||
| 15 | (30 ILCS 500/25-60)
| ||||||
| 16 | Sec. 25-60. Prevailing wage requirements.
| ||||||
| 17 | (a) All services furnished
under service contracts of | ||||||
| 18 | $2,000 or more or $200 or more per month and under
printing | ||||||
| 19 | contracts shall be
subject to the following prevailing wage | ||||||
| 20 | requirements:
| ||||||
| 21 | (1) Not less than the general prevailing wage rate of | ||||||
| 22 | hourly wages for
work of a similar character in the | ||||||
| 23 | locality in which the work is produced shall
be paid by the | ||||||
| 24 | successful bidder, offeror, or potential contractor to its | ||||||
| |||||||
| |||||||
| 1 | employees who perform the work on the
State contracts. The | ||||||
| 2 | bidder, offeror, potential contractor, or contractor in | ||||||
| 3 | order to be considered to be a
responsible bidder, offeror, | ||||||
| 4 | potential contractor, or contractor for the purposes of | ||||||
| 5 | this Code, shall certify to
the purchasing agency that | ||||||
| 6 | wages to be paid to its employees are no less, and
fringe | ||||||
| 7 | benefits and working conditions of employees are not less | ||||||
| 8 | favorable,
than those prevailing in the locality where the | ||||||
| 9 | contract is to be performed.
Prevailing wages and working | ||||||
| 10 | conditions shall be determined by the Director of
the | ||||||
| 11 | Illinois Department of Labor.
| ||||||
| 12 | (2) Whenever a collective bargaining agreement is in | ||||||
| 13 | effect between an
employer, other than a governmental body, | ||||||
| 14 | and service or printing employees as
defined in this | ||||||
| 15 | Section who are represented by a responsible organization | ||||||
| 16 | that
is in no way influenced or controlled by the | ||||||
| 17 | management, that agreement and its
provisions shall be | ||||||
| 18 | considered as conditions prevalent in that locality and
| ||||||
| 19 | shall be the minimum requirements taken into consideration | ||||||
| 20 | by the Director of
Labor.
| ||||||
| 21 | (b) As used in this Section, "services" means janitorial | ||||||
| 22 | cleaning services,
window cleaning services, building and | ||||||
| 23 | grounds services, site technician
services, natural resources | ||||||
| 24 | services, food services, and security services.
"Printing"
| ||||||
| 25 | means and includes all processes and operations involved in | ||||||
| 26 | printing, including
but not limited to letterpress, offset, and | ||||||
| |||||||
| |||||||
| 1 | gravure processes, the multilith
method, photographic or other | ||||||
| 2 | duplicating process, the operations of
composition, | ||||||
| 3 | platemaking, presswork, and binding, and the end products of | ||||||
| 4 | those
processes, methods, and operations. As used in this Code | ||||||
| 5 | "printing" does not
include photocopiers used in the course of | ||||||
| 6 | normal business activities,
photographic equipment used for | ||||||
| 7 | geographic mapping, or printed matter that is
commonly | ||||||
| 8 | available to the general public from contractor inventory.
| ||||||
| 9 | (c) The terms "general prevailing rate of hourly wages", | ||||||
| 10 | "general prevailing
rate of wages", or "prevailing rate of | ||||||
| 11 | wages" when used in this Section mean
the hourly cash wages | ||||||
| 12 | plus fringe benefits for health and welfare, insurance,
| ||||||
| 13 | vacations, and pensions paid generally, in the locality in | ||||||
| 14 | which the work is
being performed, to employees engaged in work | ||||||
| 15 | of a similar character.
| ||||||
| 16 | (d) "Locality" shall have the meaning established by rule.
| ||||||
| 17 | (e) This Section does not apply to services furnished under | ||||||
| 18 | contracts for
professional or artistic services.
| ||||||
| 19 | (f) This Section does not apply to vocational programs of | ||||||
| 20 | training for
persons with physical or mental disabilities | ||||||
| 21 | physically or mentally handicapped persons or to sheltered | ||||||
| 22 | workshops for persons with severe disabilities the
severely | ||||||
| 23 | disabled.
| ||||||
| 24 | (Source: P.A. 98-1076, eff. 1-1-15.)
| ||||||
| 25 | Section 275. The Business Enterprise for Minorities, | ||||||
| |||||||
| |||||||
| 1 | Females, and Persons with
Disabilities Act is amended by | ||||||
| 2 | changing Section 2 as follows:
| ||||||
| 3 | (30 ILCS 575/2)
| ||||||
| 4 | (Section scheduled to be repealed on June 30, 2016) | ||||||
| 5 | Sec. 2. Definitions.
| ||||||
| 6 | (A) For the purpose of this Act, the following
terms shall | ||||||
| 7 | have the following definitions:
| ||||||
| 8 | (1) "Minority person" shall mean a person who is a | ||||||
| 9 | citizen or lawful
permanent resident of the United States | ||||||
| 10 | and who is any of the following:
| ||||||
| 11 | (a) American Indian or Alaska Native (a person | ||||||
| 12 | having origins in any of the original peoples of North | ||||||
| 13 | and South America, including Central America, and who | ||||||
| 14 | maintains tribal affiliation or community attachment). | ||||||
| 15 | (b) Asian (a person having origins in any of the | ||||||
| 16 | original peoples of the Far East, Southeast Asia, or | ||||||
| 17 | the Indian subcontinent, including, but not limited | ||||||
| 18 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
| 19 | Pakistan, the Philippine Islands, Thailand, and | ||||||
| 20 | Vietnam). | ||||||
| 21 | (c) Black or African American (a person having | ||||||
| 22 | origins in any of the black racial groups of Africa). | ||||||
| 23 | Terms such as "Haitian" or "Negro" can be used in | ||||||
| 24 | addition to "Black or African American". | ||||||
| 25 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| |||||||
| |||||||
| 1 | Puerto Rican, South or Central American, or other | ||||||
| 2 | Spanish culture or origin, regardless of race). | ||||||
| 3 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
| 4 | person having origins in any of the original peoples of | ||||||
| 5 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
| 6 | (2) "Female" shall mean a person who is a citizen or | ||||||
| 7 | lawful permanent
resident of the United States and who is | ||||||
| 8 | of the female gender.
| ||||||
| 9 | (2.05) "Person with a disability" means a person who is | ||||||
| 10 | a citizen or
lawful resident of the United States and is a | ||||||
| 11 | person qualifying as a person with a disability being
| ||||||
| 12 | disabled under subdivision (2.1) of this subsection (A).
| ||||||
| 13 | (2.1) "Person with a disability Disabled" means a | ||||||
| 14 | person with a severe physical or mental disability that:
| ||||||
| 15 | (a) results from:
| ||||||
| 16 | amputation,
| ||||||
| 17 | arthritis,
| ||||||
| 18 | autism,
| ||||||
| 19 | blindness,
| ||||||
| 20 | burn injury,
| ||||||
| 21 | cancer,
| ||||||
| 22 | cerebral palsy,
| ||||||
| 23 | Crohn's disease, | ||||||
| 24 | cystic fibrosis,
| ||||||
| 25 | deafness,
| ||||||
| 26 | head injury,
| ||||||
| |||||||
| |||||||
| 1 | heart disease,
| ||||||
| 2 | hemiplegia,
| ||||||
| 3 | hemophilia,
| ||||||
| 4 | respiratory or pulmonary dysfunction,
| ||||||
| 5 | an intellectual disability,
| ||||||
| 6 | mental illness,
| ||||||
| 7 | multiple sclerosis,
| ||||||
| 8 | muscular dystrophy,
| ||||||
| 9 | musculoskeletal disorders,
| ||||||
| 10 | neurological disorders, including stroke and | ||||||
| 11 | epilepsy,
| ||||||
| 12 | paraplegia,
| ||||||
| 13 | quadriplegia and other spinal cord conditions,
| ||||||
| 14 | sickle cell anemia,
| ||||||
| 15 | ulcerative colitis, | ||||||
| 16 | specific learning disabilities, or
| ||||||
| 17 | end stage renal failure disease; and
| ||||||
| 18 | (b) substantially limits one or more of the | ||||||
| 19 | person's major life activities.
| ||||||
| 20 | Another disability or combination of disabilities may | ||||||
| 21 | also be considered
as a severe disability for the purposes | ||||||
| 22 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
| 23 | by an evaluation of
rehabilitation potential to
cause a | ||||||
| 24 | comparable degree of substantial functional limitation | ||||||
| 25 | similar to
the specific list of disabilities listed in item | ||||||
| 26 | (a) of this
subdivision (2.1).
| ||||||
| |||||||
| |||||||
| 1 | (3) "Minority owned business" means a business concern | ||||||
| 2 | which is at least
51% owned by one or more minority | ||||||
| 3 | persons, or in the case of a
corporation, at least 51% of | ||||||
| 4 | the stock in which is owned by one or
more minority | ||||||
| 5 | persons; and the management and daily business operations | ||||||
| 6 | of
which are controlled by one or more of the minority | ||||||
| 7 | individuals who own it.
| ||||||
| 8 | (4) "Female owned business" means a business concern | ||||||
| 9 | which is at least
51% owned by one or more females, or, in | ||||||
| 10 | the case of a corporation, at
least 51% of the stock in | ||||||
| 11 | which is owned by one or more females; and the
management | ||||||
| 12 | and daily business operations of which are controlled by | ||||||
| 13 | one or
more of the females who own it.
| ||||||
| 14 | (4.1) "Business owned by a person with a disability" | ||||||
| 15 | means a business
concern
that is at least 51% owned by one | ||||||
| 16 | or more persons with a disability
and the management and | ||||||
| 17 | daily business operations of which
are controlled by one or | ||||||
| 18 | more of the persons with disabilities who own it. A
| ||||||
| 19 | not-for-profit agency for persons with disabilities that | ||||||
| 20 | is exempt from
taxation under Section 501 of the Internal | ||||||
| 21 | Revenue Code of 1986 is also
considered a "business owned | ||||||
| 22 | by a person with a disability".
| ||||||
| 23 | (4.2) "Council" means the Business Enterprise Council | ||||||
| 24 | for Minorities,
Females, and Persons with Disabilities | ||||||
| 25 | created under Section 5 of this Act.
| ||||||
| 26 | (5) "State contracts" shall mean all State contracts, | ||||||
| |||||||
| |||||||
| 1 | funded exclusively
with State funds which are not subject | ||||||
| 2 | to federal reimbursement, whether
competitively bid or | ||||||
| 3 | negotiated as defined by the Secretary of the Council
and | ||||||
| 4 | approved by the Council.
| ||||||
| 5 | "State construction contracts" means all State | ||||||
| 6 | contracts entered
into by a State agency or State | ||||||
| 7 | university for the repair, remodeling,
renovation or
| ||||||
| 8 | construction of a building or structure, or for the | ||||||
| 9 | construction or
maintenance of a highway defined in Article | ||||||
| 10 | 2 of the Illinois Highway
Code.
| ||||||
| 11 | (6) "State agencies" shall mean all departments, | ||||||
| 12 | officers, boards,
commissions, institutions and bodies | ||||||
| 13 | politic and corporate of the State,
but does not include | ||||||
| 14 | the Board of Trustees of the University of Illinois,
the | ||||||
| 15 | Board of Trustees of Southern Illinois University,
the | ||||||
| 16 | Board of Trustees
of Chicago State University, the Board of | ||||||
| 17 | Trustees of Eastern Illinois
University, the Board of | ||||||
| 18 | Trustees of Governors State University, the Board of
| ||||||
| 19 | Trustees of Illinois State University, the Board of | ||||||
| 20 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
| 21 | Trustees of Northern Illinois University, the Board of
| ||||||
| 22 | Trustees of Western Illinois University,
municipalities or | ||||||
| 23 | other local governmental units, or other State | ||||||
| 24 | constitutional
officers.
| ||||||
| 25 | (7) "State universities" shall mean the Board of | ||||||
| 26 | Trustees of the
University of Illinois, the Board of | ||||||
| |||||||
| |||||||
| 1 | Trustees of Southern Illinois
University,
the Board of | ||||||
| 2 | Trustees of Chicago State University, the Board of
Trustees | ||||||
| 3 | of Eastern Illinois University, the Board of Trustees of | ||||||
| 4 | Governors
State University, the Board of Trustees of | ||||||
| 5 | Illinois State University, the Board
of Trustees of | ||||||
| 6 | Northeastern Illinois University, the Board of Trustees of
| ||||||
| 7 | Northern Illinois University, and the Board of Trustees of | ||||||
| 8 | Western Illinois
University.
| ||||||
| 9 | (8) "Certification" means a determination made by the | ||||||
| 10 | Council
or by one delegated authority from the Council to | ||||||
| 11 | make certifications, or by
a State agency with statutory | ||||||
| 12 | authority to make such a certification, that a
business | ||||||
| 13 | entity is a business owned by a
minority, female, or person | ||||||
| 14 | with a disability for whatever
purpose. A business owned | ||||||
| 15 | and controlled by females shall be certified as a "female | ||||||
| 16 | owned business". A business owned and controlled by females | ||||||
| 17 | who are also minorities shall be certified as both a | ||||||
| 18 | "female owned business" and a "minority owned business".
| ||||||
| 19 | (9) "Control" means the exclusive or ultimate and sole | ||||||
| 20 | control of the
business including, but not limited to, | ||||||
| 21 | capital investment and all other
financial matters, | ||||||
| 22 | property, acquisitions, contract negotiations, legal
| ||||||
| 23 | matters, officer-director-employee selection and | ||||||
| 24 | comprehensive hiring,
operating responsibilities, | ||||||
| 25 | cost-control matters, income and dividend
matters, | ||||||
| 26 | financial transactions and rights of other shareholders or | ||||||
| |||||||
| |||||||
| 1 | joint
partners. Control shall be real, substantial and | ||||||
| 2 | continuing, not pro forma.
Control shall include the power | ||||||
| 3 | to direct or cause the direction of the
management and | ||||||
| 4 | policies of the business and to make the day-to-day as well
| ||||||
| 5 | as major decisions in matters of policy, management and | ||||||
| 6 | operations.
Control shall be exemplified by possessing the | ||||||
| 7 | requisite knowledge and
expertise to run the particular | ||||||
| 8 | business and control shall not include
simple majority or | ||||||
| 9 | absentee ownership.
| ||||||
| 10 | (10) "Business concern or business" means a business | ||||||
| 11 | that has annual gross sales of less than $75,000,000 as | ||||||
| 12 | evidenced by the federal income tax return of the business. | ||||||
| 13 | A firm with gross sales in excess of this cap may apply to | ||||||
| 14 | the Council for certification for a particular contract if | ||||||
| 15 | the firm can demonstrate that the contract would have | ||||||
| 16 | significant impact on businesses owned by minorities, | ||||||
| 17 | females, or persons with disabilities as suppliers or | ||||||
| 18 | subcontractors or in employment of minorities, females, or | ||||||
| 19 | persons with disabilities.
| ||||||
| 20 | (B) When a business concern is owned at least 51% by any | ||||||
| 21 | combination of
minority persons, females, or persons with | ||||||
| 22 | disabilities,
even though none of the 3 classes alone holds at | ||||||
| 23 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
| 24 | this Act is considered to be met. The
certification category | ||||||
| 25 | for the business is that of the class holding the
largest | ||||||
| 26 | ownership
interest in the business. If 2 or more classes have | ||||||
| |||||||
| |||||||
| 1 | equal ownership interests,
the certification category shall be | ||||||
| 2 | determined by
the business concern.
| ||||||
| 3 | (Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813, | ||||||
| 4 | eff. 7-13-12; 98-95, eff. 7-17-13.)
| ||||||
| 5 | Section 280. The State Facilities Closure Act is amended by | ||||||
| 6 | changing Section 5-10 as follows:
| ||||||
| 7 | (30 ILCS 608/5-10)
| ||||||
| 8 | Sec. 5-10. Facility closure process. | ||||||
| 9 | (a) Before a State facility may be closed, the State | ||||||
| 10 | executive branch officer with jurisdiction over the facility | ||||||
| 11 | shall file notice of the proposed closure with the Commission. | ||||||
| 12 | The notice must be filed within 2 days after the first public | ||||||
| 13 | announcement of any planned or proposed closure. Within 10 days | ||||||
| 14 | after it receives notice of the proposed closure, the | ||||||
| 15 | Commission, in its discretion, may require the State executive | ||||||
| 16 | branch officer with jurisdiction over the facility to file a | ||||||
| 17 | recommendation for the closure of the facility with the | ||||||
| 18 | Commission. In the case of a proposed closure of: (i) a prison, | ||||||
| 19 | youth center, work camp, or work release center operated by the | ||||||
| 20 | Department of Corrections; (ii) a school, mental health center, | ||||||
| 21 | or center for persons with developmental disabilities the | ||||||
| 22 | developmentally disabled operated by the Department of Human | ||||||
| 23 | Services; or (iii) a residential facility operated by the | ||||||
| 24 | Department of Veterans' Affairs, the Commission must require | ||||||
| |||||||
| |||||||
| 1 | the executive branch officers to file a recommendation for | ||||||
| 2 | closure. The recommendation must be filed within 30 days after | ||||||
| 3 | the Commission delivers the request for recommendation to the | ||||||
| 4 | State executive branch officer. The recommendation must | ||||||
| 5 | include, but is not limited to, the following: | ||||||
| 6 | (1) the location and identity of the State facility | ||||||
| 7 | proposed to be closed; | ||||||
| 8 | (2) the number of employees for which the State | ||||||
| 9 | facility is the primary stationary work location and the | ||||||
| 10 | effect of the closure of the facility on those employees; | ||||||
| 11 | (3) the location or locations to which the functions | ||||||
| 12 | and employees of the State facility would be moved; | ||||||
| 13 | (4) the availability and condition of land and | ||||||
| 14 | facilities at both the existing location and any potential | ||||||
| 15 | locations; | ||||||
| 16 | (5) the ability to accommodate the functions and | ||||||
| 17 | employees at the existing and at any potential locations; | ||||||
| 18 | (6) the cost of operations of the State facility and at | ||||||
| 19 | any potential locations and any other related budgetary | ||||||
| 20 | impacts; | ||||||
| 21 | (7) the economic impact on existing communities in the | ||||||
| 22 | vicinity of the State facility and any potential facility; | ||||||
| 23 | (8) the ability of the existing and any potential | ||||||
| 24 | community's infrastructure to support the functions and | ||||||
| 25 | employees; | ||||||
| 26 | (9) the impact on State services delivered at the | ||||||
| |||||||
| |||||||
| 1 | existing location, in direct relation to the State services | ||||||
| 2 | expected to be delivered at any potential locations; and | ||||||
| 3 | (10) the environmental impact, including the impact of | ||||||
| 4 | costs related to potential environmental restoration, | ||||||
| 5 | waste management, and environmental compliance activities. | ||||||
| 6 | (b) If a recommendation is required by the Commission, a | ||||||
| 7 | 30-day public comment period must follow the filing of the | ||||||
| 8 | recommendation. The Commission, in its discretion, may conduct | ||||||
| 9 | one or more public hearings on the recommendation. In the case | ||||||
| 10 | of a proposed closure of: (i) a prison, youth center, work | ||||||
| 11 | camp, or work release center operated by the Department of | ||||||
| 12 | Corrections; (ii) a school, mental health center, or center for | ||||||
| 13 | persons with developmental disabilities the developmentally | ||||||
| 14 | disabled operated by the Department of Human Services; or (iii) | ||||||
| 15 | a residential facility operated by the Department of Veterans' | ||||||
| 16 | Affairs, the Commission must conduct one or more public | ||||||
| 17 | hearings on the recommendation. Public hearings conducted by | ||||||
| 18 | the Commission shall be conducted no later than 35 days after | ||||||
| 19 | the filing of the recommendation. At least one of the public | ||||||
| 20 | hearings on the recommendation shall be held at a convenient | ||||||
| 21 | location within 25 miles of the facility for which closure is | ||||||
| 22 | recommended. The Commission shall provide reasonable notice of | ||||||
| 23 | the comment period and of any public hearings to the public and | ||||||
| 24 | to units of local government and school districts that are | ||||||
| 25 | located within 25 miles of the facility. | ||||||
| 26 | (c) Within 50 days after the State executive branch officer | ||||||
| |||||||
| |||||||
| 1 | files the required recommendation, the Commission shall issue | ||||||
| 2 | an advisory opinion on that recommendation. The Commission | ||||||
| 3 | shall file the advisory opinion with the appropriate State | ||||||
| 4 | executive branch officer, the Governor, the General Assembly, | ||||||
| 5 | and the Index Department of the Office of the Secretary of | ||||||
| 6 | State and shall make copies of the advisory opinion available | ||||||
| 7 | to the public upon request. | ||||||
| 8 | (d) No action may be taken to implement the recommendation | ||||||
| 9 | for closure of a State facility until 50 days after the filing | ||||||
| 10 | of any required recommendation. | ||||||
| 11 | (e) The requirements of this Section do not apply if all of | ||||||
| 12 | the functions and employees of a State facility are relocated | ||||||
| 13 | to another State facility that is within 10 miles of the closed | ||||||
| 14 | facility.
| ||||||
| 15 | (Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)
| ||||||
| 16 | Section 285. The Downstate Public Transportation Act is | ||||||
| 17 | amended by changing Sections 2-5.1, 2-15.2, and 2-15.3 as | ||||||
| 18 | follows:
| ||||||
| 19 | (30 ILCS 740/2-5.1) | ||||||
| 20 | Sec. 2-5.1. Additional requirements. | ||||||
| 21 | (a) Any unit of local government that becomes a participant | ||||||
| 22 | on or after the effective date of this amendatory Act of the | ||||||
| 23 | 94th General Assembly shall, in addition to any other | ||||||
| 24 | requirements under this Article, meet all of the following | ||||||
| |||||||
| |||||||
| 1 | requirements when applying for grants under this Article:
| ||||||
| 2 | (1) The grant application must demonstrate the | ||||||
| 3 | participant's plan to provide general public | ||||||
| 4 | transportation with an emphasis on persons with | ||||||
| 5 | disabilities and elderly, disabled, and economically | ||||||
| 6 | disadvantaged populations. | ||||||
| 7 | (2) The grant application must demonstrate the | ||||||
| 8 | participant's plan for interagency coordination that, at a | ||||||
| 9 | minimum, allows the participation of all State-funded and | ||||||
| 10 | federally-funded agencies and programs with transportation | ||||||
| 11 | needs in the proposed service area in the development of | ||||||
| 12 | the applicant's public transportation program. | ||||||
| 13 | (3) Any participant serving a nonurbanized area that is | ||||||
| 14 | not receiving Federal Section 5311 funding must meet the | ||||||
| 15 | operating and safety compliance requirements as set forth | ||||||
| 16 | in that federal program. | ||||||
| 17 | (4) The participant is required to hold public hearings | ||||||
| 18 | to allow comment on the proposed service plan in all | ||||||
| 19 | municipalities with populations of 1,500 inhabitants or | ||||||
| 20 | more within the proposed service area. | ||||||
| 21 | (b) Service extensions by any participant after July 1, | ||||||
| 22 | 2005 by either annexation or intergovernmental agreement must | ||||||
| 23 | meet the 4 requirements of subsection (a). | ||||||
| 24 | (c) In order to receive funding, the Department shall | ||||||
| 25 | certify that the participant has met the requirements of this | ||||||
| 26 | Section. Funding priority shall be given to service extension, | ||||||
| |||||||
| |||||||
| 1 | multi-county, and multi-jurisdictional projects. | ||||||
| 2 | (d) The Department shall develop an annual application | ||||||
| 3 | process for existing or potential participants to request an | ||||||
| 4 | initial appropriation or an appropriation exceeding the | ||||||
| 5 | formula amount found in subsection (b-10) of Section 2-7 for | ||||||
| 6 | funding service in new areas in the next fiscal year. The | ||||||
| 7 | application shall include, but not be limited to, a description | ||||||
| 8 | of the new service area, proposed service in the new area, and | ||||||
| 9 | a budget for providing existing and new service. The Department | ||||||
| 10 | shall review the application for reasonableness and compliance | ||||||
| 11 | with the requirements of this Section, and, if it approves the | ||||||
| 12 | application, shall recommend to the Governor an appropriation | ||||||
| 13 | for the next fiscal year in an amount sufficient to provide 65% | ||||||
| 14 | of projected eligible operating expenses associated with a new | ||||||
| 15 | participant's service area or the portion of an existing | ||||||
| 16 | participant's service area that has been expanded by annexation | ||||||
| 17 | or intergovernmental agreement. The recommended appropriation | ||||||
| 18 | for the next fiscal year may exceed the formula amount found in | ||||||
| 19 | subsection (b-10) of Section 2-7. | ||||||
| 20 | (Source: P.A. 96-1458, eff. 1-1-11.)
| ||||||
| 21 | (30 ILCS 740/2-15.2) | ||||||
| 22 | Sec. 2-15.2. Free services; eligibility. | ||||||
| 23 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 24 | 60 days following the effective date of this amendatory Act of | ||||||
| 25 | the 95th General Assembly and until subsection (b) is | ||||||
| |||||||
| |||||||
| 1 | implemented, any fixed route public transportation services | ||||||
| 2 | provided by, or under grant or purchase of service contracts | ||||||
| 3 | of, every participant, as defined in Section 2-2.02 (1)(a), | ||||||
| 4 | shall be provided without charge to all senior citizen | ||||||
| 5 | residents of the participant aged 65 and older, under such | ||||||
| 6 | conditions as shall be prescribed by the participant. | ||||||
| 7 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| 8 | 180 days following the effective date of this amendatory Act of | ||||||
| 9 | the 96th General Assembly, any fixed route public | ||||||
| 10 | transportation services provided by, or under grant or purchase | ||||||
| 11 | of service contracts of, every participant, as defined in | ||||||
| 12 | Section 2-2.02 (1)(a), shall be provided without charge to | ||||||
| 13 | senior citizens aged 65 and older who meet the income | ||||||
| 14 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
| 15 | 4 of the Senior Citizens and Persons with Disabilities Disabled | ||||||
| 16 | Persons Property Tax Relief Act, under such conditions as shall | ||||||
| 17 | be prescribed by the participant. The Department on Aging shall | ||||||
| 18 | furnish all information reasonably necessary to determine | ||||||
| 19 | eligibility, including updated lists of individuals who are | ||||||
| 20 | eligible for services without charge under this Section. | ||||||
| 21 | Nothing in this Section shall relieve the participant from | ||||||
| 22 | providing reduced fares as may be required by federal law.
| ||||||
| 23 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
| 24 | (30 ILCS 740/2-15.3)
| ||||||
| 25 | Sec. 2-15.3. Transit services for individuals with | ||||||
| |||||||
| |||||||
| 1 | disabilities disabled individuals. Notwithstanding any law to | ||||||
| 2 | the contrary, no later than 60 days following the effective | ||||||
| 3 | date of this amendatory Act of the 95th General Assembly, all | ||||||
| 4 | fixed route public transportation services provided by, or | ||||||
| 5 | under grant or purchase of service contract of, any participant | ||||||
| 6 | shall be provided without charge to all persons with | ||||||
| 7 | disabilities disabled persons who meet the income eligibility | ||||||
| 8 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
| 9 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 10 | Property Tax Relief Act, under such procedures as shall be | ||||||
| 11 | prescribed by the participant. The Department on Aging shall | ||||||
| 12 | furnish all information reasonably necessary to determine | ||||||
| 13 | eligibility, including updated lists of individuals who are | ||||||
| 14 | eligible for services without charge under this Section.
| ||||||
| 15 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 16 | Section 290. The Build Illinois Act is amended by changing | ||||||
| 17 | Section 9-4.3 as follows:
| ||||||
| 18 | (30 ILCS 750/9-4.3) (from Ch. 127, par. 2709-4.3)
| ||||||
| 19 | Sec. 9-4.3. Minority, veteran, female and disability | ||||||
| 20 | loans.
| ||||||
| 21 | (a) In the making of loans for minority, veteran, female or | ||||||
| 22 | disability
small businesses, as defined below, the Department | ||||||
| 23 | is authorized to employ
different criteria in lieu of the | ||||||
| 24 | general provisions of subsections (b),
(d), (e), (f), (h), and | ||||||
| |||||||
| |||||||
| 1 | (i) of Section 9-4.
| ||||||
| 2 | Minority, veteran, female or disability small businesses, | ||||||
| 3 | for the purpose of this
Section, shall be defined as small | ||||||
| 4 | businesses that are, in the Department's
judgment, at least 51% | ||||||
| 5 | owned and managed by one or more persons who are
minority or , | ||||||
| 6 | female or who have a disability disabled or who are veterans.
| ||||||
| 7 | (b) Loans made pursuant to this Section:
| ||||||
| 8 | (1) Shall not exceed $100,000 or 50% of the business | ||||||
| 9 | project costs
unless the Director of the Department | ||||||
| 10 | determines that a waiver of these
limits is required to | ||||||
| 11 | meet the purposes of this Act.
| ||||||
| 12 | (2) Shall only be made if, in the Department's | ||||||
| 13 | judgment, the number of
jobs to be created or retained is | ||||||
| 14 | reasonable in relation to the loan funds
requested.
| ||||||
| 15 | (3) Shall be protected by security. Financial | ||||||
| 16 | assistance may be
secured by first, second or subordinate | ||||||
| 17 | mortgage positions on real or
personal property, by royalty | ||||||
| 18 | payments, by personal notes or guarantees, or
by any other | ||||||
| 19 | security satisfactory to the Department to secure | ||||||
| 20 | repayment.
Security valuation requirements, as determined | ||||||
| 21 | by the Department, for the
purposes of this Section, may be | ||||||
| 22 | less than required for similar loans not
covered by this | ||||||
| 23 | Section, provided the applicants demonstrate adequate
| ||||||
| 24 | business experience, entrepreneurial training or | ||||||
| 25 | combination thereof, as
determined by the Department.
| ||||||
| 26 | (4) Shall be in such principal amount and form and | ||||||
| |||||||
| |||||||
| 1 | contain such terms
and provisions with respect to security, | ||||||
| 2 | insurance, reporting, delinquency
charges, default | ||||||
| 3 | remedies, and other matters as the Department shall
| ||||||
| 4 | determine appropriate to protect the public interest
and | ||||||
| 5 | consistent with the purposes of this Section. The terms and | ||||||
| 6 | provisions
may be less than required for similar loans not | ||||||
| 7 | covered by this Section.
| ||||||
| 8 | (Source: P.A. 95-97, eff. 1-1-08; 96-1106, eff. 7-19-10.)
| ||||||
| 9 | Section 295. The Illinois Income Tax Act is amended by | ||||||
| 10 | changing Sections 507XX and 917 as follows:
| ||||||
| 11 | (35 ILCS 5/507XX) | ||||||
| 12 | Sec. 507XX. The property tax relief checkoff for veterans | ||||||
| 13 | with disabilities disabled veterans property tax relief | ||||||
| 14 | checkoff. For taxable years ending on or after December 31, | ||||||
| 15 | 2010, the Department shall print, on its standard individual | ||||||
| 16 | income tax form, a provision indicating that, if the taxpayer | ||||||
| 17 | wishes to contribute to the Property Tax Relief for Veterans | ||||||
| 18 | with Disabilities Disabled Veterans Property Tax Relief Fund, | ||||||
| 19 | as authorized by this amendatory Act of the 96th General | ||||||
| 20 | Assembly, then he or she may do so by stating the amount of the | ||||||
| 21 | contribution (not less than $1) on the return and indicating | ||||||
| 22 | that the contribution will reduce the taxpayer's refund or | ||||||
| 23 | increase the amount of payment to accompany the return. The | ||||||
| 24 | taxpayer's failure to remit any amount of the increased payment | ||||||
| |||||||
| |||||||
| 1 | reduces the contribution accordingly. This Section does not | ||||||
| 2 | apply to any amended return.
| ||||||
| 3 | (Source: P.A. 96-1424, eff. 8-3-10.)
| ||||||
| 4 | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
| ||||||
| 5 | Sec. 917. Confidentiality and information sharing.
| ||||||
| 6 | (a) Confidentiality.
Except as provided in this Section, | ||||||
| 7 | all information received by the Department
from returns filed | ||||||
| 8 | under this Act, or from any investigation conducted under
the | ||||||
| 9 | provisions of this Act, shall be confidential, except for | ||||||
| 10 | official purposes
within the Department or pursuant to official | ||||||
| 11 | procedures for collection
of any State tax or pursuant to an | ||||||
| 12 | investigation or audit by the Illinois
State Scholarship | ||||||
| 13 | Commission of a delinquent student loan or monetary award
or | ||||||
| 14 | enforcement of any civil or criminal penalty or sanction
| ||||||
| 15 | imposed by this Act or by another statute imposing a State tax, | ||||||
| 16 | and any
person who divulges any such information in any manner, | ||||||
| 17 | except for such
purposes and pursuant to order of the Director | ||||||
| 18 | or in accordance with a proper
judicial order, shall be guilty | ||||||
| 19 | of a Class A misdemeanor. However, the
provisions of this | ||||||
| 20 | paragraph are not applicable to information furnished
to (i) | ||||||
| 21 | the Department of Healthcare and Family Services (formerly
| ||||||
| 22 | Department of Public Aid), State's Attorneys, and the Attorney | ||||||
| 23 | General for child support enforcement purposes and (ii) a | ||||||
| 24 | licensed attorney representing the taxpayer where an appeal or | ||||||
| 25 | a protest
has been filed on behalf of the taxpayer. If it is | ||||||
| |||||||
| |||||||
| 1 | necessary to file information obtained pursuant to this Act in | ||||||
| 2 | a child support enforcement proceeding, the information shall | ||||||
| 3 | be filed under seal.
| ||||||
| 4 | (b) Public information. Nothing contained in this Act shall | ||||||
| 5 | prevent
the Director from publishing or making available to the | ||||||
| 6 | public the names
and addresses of persons filing returns under | ||||||
| 7 | this Act, or from publishing
or making available reasonable | ||||||
| 8 | statistics concerning the operation of the
tax wherein the | ||||||
| 9 | contents of returns are grouped into aggregates in such a
way | ||||||
| 10 | that the information contained in any individual return shall | ||||||
| 11 | not be
disclosed.
| ||||||
| 12 | (c) Governmental agencies. The Director may make available | ||||||
| 13 | to the
Secretary of the Treasury of the United States or his | ||||||
| 14 | delegate, or the
proper officer or his delegate of any other | ||||||
| 15 | state imposing a tax upon or
measured by income, for | ||||||
| 16 | exclusively official purposes, information received
by the | ||||||
| 17 | Department in the administration of this Act, but such | ||||||
| 18 | permission
shall be granted only if the United States or such | ||||||
| 19 | other state, as the case
may be, grants the Department | ||||||
| 20 | substantially similar privileges. The Director
may exchange | ||||||
| 21 | information with the Department of Healthcare and Family | ||||||
| 22 | Services and the
Department of Human Services (acting as | ||||||
| 23 | successor to the Department of Public
Aid under the Department | ||||||
| 24 | of Human Services Act) for
the purpose of verifying sources and | ||||||
| 25 | amounts of income and for other purposes
directly connected | ||||||
| 26 | with the administration of this Act, the Illinois Public Aid | ||||||
| |||||||
| |||||||
| 1 | Code, and any other health benefit program administered by the | ||||||
| 2 | State. The Director may exchange information with the Director | ||||||
| 3 | of
the Department of Employment Security for the purpose of | ||||||
| 4 | verifying sources
and amounts of income and for other purposes | ||||||
| 5 | directly connected with the
administration of this Act and Acts | ||||||
| 6 | administered by the Department of
Employment
Security.
The | ||||||
| 7 | Director may make available to the Illinois Workers' | ||||||
| 8 | Compensation Commission
information regarding employers for | ||||||
| 9 | the purpose of verifying the insurance
coverage required under | ||||||
| 10 | the Workers' Compensation Act and Workers'
Occupational | ||||||
| 11 | Diseases Act. The Director may exchange information with the | ||||||
| 12 | Illinois Department on Aging for the purpose of verifying | ||||||
| 13 | sources and amounts of income for purposes directly related to | ||||||
| 14 | confirming eligibility for participation in the programs of | ||||||
| 15 | benefits authorized by the Senior Citizens and Persons with | ||||||
| 16 | Disabilities Disabled Persons Property Tax Relief and | ||||||
| 17 | Pharmaceutical Assistance Act.
| ||||||
| 18 | The Director may make available to any State agency, | ||||||
| 19 | including the
Illinois Supreme Court, which licenses persons to | ||||||
| 20 | engage in any occupation,
information that a person licensed by | ||||||
| 21 | such agency has failed to file
returns under this Act or pay | ||||||
| 22 | the tax, penalty and interest shown therein,
or has failed to | ||||||
| 23 | pay any final assessment of tax, penalty or interest due
under | ||||||
| 24 | this Act.
The Director may make available to any State agency, | ||||||
| 25 | including the Illinois
Supreme
Court, information regarding | ||||||
| 26 | whether a bidder, contractor, or an affiliate of a
bidder or
| ||||||
| |||||||
| |||||||
| 1 | contractor has failed to file returns under this Act or pay the | ||||||
| 2 | tax, penalty,
and interest
shown therein, or has failed to pay | ||||||
| 3 | any final assessment of tax, penalty, or
interest due
under | ||||||
| 4 | this Act, for the limited purpose of enforcing bidder and | ||||||
| 5 | contractor
certifications.
For purposes of this Section, the | ||||||
| 6 | term "affiliate" means any entity that (1)
directly,
| ||||||
| 7 | indirectly, or constructively controls another entity, (2) is | ||||||
| 8 | directly,
indirectly, or
constructively controlled by another | ||||||
| 9 | entity, or (3) is subject to the control
of
a common
entity. | ||||||
| 10 | For purposes of this subsection (a), an entity controls another | ||||||
| 11 | entity
if
it owns,
directly or individually, more than 10% of | ||||||
| 12 | the voting securities of that
entity.
As used in
this | ||||||
| 13 | subsection (a), the term "voting security" means a security | ||||||
| 14 | that (1)
confers upon the
holder the right to vote for the | ||||||
| 15 | election of members of the board of directors
or similar
| ||||||
| 16 | governing body of the business or (2) is convertible into, or | ||||||
| 17 | entitles the
holder to receive
upon its exercise, a security | ||||||
| 18 | that confers such a right to vote. A general
partnership
| ||||||
| 19 | interest is a voting security.
| ||||||
| 20 | The Director may make available to any State agency, | ||||||
| 21 | including the
Illinois
Supreme Court, units of local | ||||||
| 22 | government, and school districts, information
regarding
| ||||||
| 23 | whether a bidder or contractor is an affiliate of a person who | ||||||
| 24 | is not
collecting
and
remitting Illinois Use taxes, for the | ||||||
| 25 | limited purpose of enforcing bidder and
contractor
| ||||||
| 26 | certifications.
| ||||||
| |||||||
| |||||||
| 1 | The Director may also make available to the Secretary of | ||||||
| 2 | State
information that a corporation which has been issued a | ||||||
| 3 | certificate of
incorporation by the Secretary of State has | ||||||
| 4 | failed to file returns under
this Act or pay the tax, penalty | ||||||
| 5 | and interest shown therein, or has failed
to pay any final | ||||||
| 6 | assessment of tax, penalty or interest due under this Act.
An | ||||||
| 7 | assessment is final when all proceedings in court for
review of | ||||||
| 8 | such assessment have terminated or the time for the taking
| ||||||
| 9 | thereof has expired without such proceedings being instituted. | ||||||
| 10 | For
taxable years ending on or after December 31, 1987, the | ||||||
| 11 | Director may make
available to the Director or principal | ||||||
| 12 | officer of any Department of the
State of Illinois, information | ||||||
| 13 | that a person employed by such Department
has failed to file | ||||||
| 14 | returns under this Act or pay the tax, penalty and
interest | ||||||
| 15 | shown therein. For purposes of this paragraph, the word
| ||||||
| 16 | "Department" shall have the same meaning as provided in Section | ||||||
| 17 | 3 of the
State Employees Group Insurance Act of 1971.
| ||||||
| 18 | (d) The Director shall make available for public
inspection | ||||||
| 19 | in the Department's principal office and for publication, at | ||||||
| 20 | cost,
administrative decisions issued on or after January
1, | ||||||
| 21 | 1995. These decisions are to be made available in a manner so | ||||||
| 22 | that the
following
taxpayer information is not disclosed:
| ||||||
| 23 | (1) The names, addresses, and identification numbers | ||||||
| 24 | of the taxpayer,
related entities, and employees.
| ||||||
| 25 | (2) At the sole discretion of the Director, trade | ||||||
| 26 | secrets
or other confidential information identified as | ||||||
| |||||||
| |||||||
| 1 | such by the taxpayer, no later
than 30 days after receipt | ||||||
| 2 | of an administrative decision, by such means as the
| ||||||
| 3 | Department shall provide by rule.
| ||||||
| 4 | The Director shall determine the
appropriate extent of the
| ||||||
| 5 | deletions allowed in paragraph (2). In the event the taxpayer | ||||||
| 6 | does not submit
deletions,
the Director shall make only the | ||||||
| 7 | deletions specified in paragraph (1).
| ||||||
| 8 | The Director shall make available for public inspection and | ||||||
| 9 | publication an
administrative decision within 180 days after | ||||||
| 10 | the issuance of the
administrative
decision. The term | ||||||
| 11 | "administrative decision" has the same meaning as defined in
| ||||||
| 12 | Section 3-101 of Article III of the Code of Civil Procedure. | ||||||
| 13 | Costs collected
under this Section shall be paid into the Tax | ||||||
| 14 | Compliance and Administration
Fund.
| ||||||
| 15 | (e) Nothing contained in this Act shall prevent the | ||||||
| 16 | Director from
divulging
information to any person pursuant to a | ||||||
| 17 | request or authorization made by the
taxpayer, by an authorized | ||||||
| 18 | representative of the taxpayer, or, in the case of
information | ||||||
| 19 | related to a joint return, by the spouse filing the joint | ||||||
| 20 | return
with the taxpayer.
| ||||||
| 21 | (Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)
| ||||||
| 22 | Section 300. The Use Tax Act is amended by changing | ||||||
| 23 | Sections 3-8 and 3-10 as follows:
| ||||||
| 24 | (35 ILCS 105/3-8) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-8. Hospital exemption. | ||||||
| 2 | (a) Tangible personal property sold to or used by a | ||||||
| 3 | hospital owner that owns one or more hospitals licensed under | ||||||
| 4 | the Hospital Licensing Act or operated under the University of | ||||||
| 5 | Illinois Hospital Act, or a hospital affiliate that is not | ||||||
| 6 | already exempt under another provision of this Act and meets | ||||||
| 7 | the criteria for an exemption under this Section, is exempt | ||||||
| 8 | from taxation under this Act. | ||||||
| 9 | (b) A hospital owner or hospital affiliate satisfies the | ||||||
| 10 | conditions for an exemption under this Section if the value of | ||||||
| 11 | qualified services or activities listed in subsection (c) of | ||||||
| 12 | this Section for the hospital year equals or exceeds the | ||||||
| 13 | relevant hospital entity's estimated property tax liability, | ||||||
| 14 | without regard to any property tax exemption granted under | ||||||
| 15 | Section 15-86 of the Property Tax Code, for the calendar year | ||||||
| 16 | in which exemption or renewal of exemption is sought. For | ||||||
| 17 | purposes of making the calculations required by this subsection | ||||||
| 18 | (b), if the relevant hospital entity is a hospital owner that | ||||||
| 19 | owns more than one hospital, the value of the services or | ||||||
| 20 | activities listed in subsection (c) shall be calculated on the | ||||||
| 21 | basis of only those services and activities relating to the | ||||||
| 22 | hospital that includes the subject property, and the relevant | ||||||
| 23 | hospital entity's estimated property tax liability shall be | ||||||
| 24 | calculated only with respect to the properties comprising that | ||||||
| 25 | hospital. In the case of a multi-state hospital system or | ||||||
| 26 | hospital affiliate, the value of the services or activities | ||||||
| |||||||
| |||||||
| 1 | listed in subsection (c) shall be calculated on the basis of | ||||||
| 2 | only those services and activities that occur in Illinois and | ||||||
| 3 | the relevant hospital entity's estimated property tax | ||||||
| 4 | liability shall be calculated only with respect to its property | ||||||
| 5 | located in Illinois. | ||||||
| 6 | (c) The following services and activities shall be | ||||||
| 7 | considered for purposes of making the calculations required by | ||||||
| 8 | subsection (b): | ||||||
| 9 | (1) Charity care. Free or discounted services provided | ||||||
| 10 | pursuant to the relevant hospital entity's financial | ||||||
| 11 | assistance policy, measured at cost, including discounts | ||||||
| 12 | provided under the Hospital Uninsured Patient Discount | ||||||
| 13 | Act. | ||||||
| 14 | (2) Health services to low-income and underserved | ||||||
| 15 | individuals. Other unreimbursed costs of the relevant | ||||||
| 16 | hospital entity for providing without charge, paying for, | ||||||
| 17 | or subsidizing goods, activities, or services for the | ||||||
| 18 | purpose of addressing the health of low-income or | ||||||
| 19 | underserved individuals. Those activities or services may | ||||||
| 20 | include, but are not limited to: financial or in-kind | ||||||
| 21 | support to affiliated or unaffiliated hospitals, hospital | ||||||
| 22 | affiliates, community clinics, or programs that treat | ||||||
| 23 | low-income or underserved individuals; paying for or | ||||||
| 24 | subsidizing health care professionals who care for | ||||||
| 25 | low-income or underserved individuals; providing or | ||||||
| 26 | subsidizing outreach or educational services to low-income | ||||||
| |||||||
| |||||||
| 1 | or underserved individuals for disease management and | ||||||
| 2 | prevention; free or subsidized goods, supplies, or | ||||||
| 3 | services needed by low-income or underserved individuals | ||||||
| 4 | because of their medical condition; and prenatal or | ||||||
| 5 | childbirth outreach to low-income or underserved persons. | ||||||
| 6 | (3) Subsidy of State or local governments. Direct or | ||||||
| 7 | indirect financial or in-kind subsidies of State or local | ||||||
| 8 | governments by the relevant hospital entity that pay for or | ||||||
| 9 | subsidize activities or programs related to health care for | ||||||
| 10 | low-income or underserved individuals. | ||||||
| 11 | (4) Support for State health care programs for | ||||||
| 12 | low-income individuals. At the election of the hospital | ||||||
| 13 | applicant for each applicable year, either (A) 10% of | ||||||
| 14 | payments to the relevant hospital entity and any hospital | ||||||
| 15 | affiliate designated by the relevant hospital entity | ||||||
| 16 | (provided that such hospital affiliate's operations | ||||||
| 17 | provide financial or operational support for or receive | ||||||
| 18 | financial or operational support from the relevant | ||||||
| 19 | hospital entity) under Medicaid or other means-tested | ||||||
| 20 | programs, including, but not limited to, General | ||||||
| 21 | Assistance, the Covering ALL KIDS Health Insurance Act, and | ||||||
| 22 | the State Children's Health Insurance Program or (B) the | ||||||
| 23 | amount of subsidy provided by the relevant hospital entity | ||||||
| 24 | and any hospital affiliate designated by the relevant | ||||||
| 25 | hospital entity (provided that such hospital affiliate's | ||||||
| 26 | operations provide financial or operational support for or | ||||||
| |||||||
| |||||||
| 1 | receive financial or operational support from the relevant | ||||||
| 2 | hospital entity) to State or local government in treating | ||||||
| 3 | Medicaid recipients and recipients of means-tested | ||||||
| 4 | programs, including but not limited to General Assistance, | ||||||
| 5 | the Covering ALL KIDS Health Insurance Act, and the State | ||||||
| 6 | Children's Health Insurance Program. The amount of subsidy | ||||||
| 7 | for purpose of this item (4) is calculated in the same | ||||||
| 8 | manner as unreimbursed costs are calculated for Medicaid | ||||||
| 9 | and other means-tested government programs in the Schedule | ||||||
| 10 | H of IRS Form 990 in effect on the effective date of this | ||||||
| 11 | amendatory Act of the 97th General Assembly. | ||||||
| 12 | (5) Dual-eligible subsidy. The amount of subsidy | ||||||
| 13 | provided to government by treating dual-eligible | ||||||
| 14 | Medicare/Medicaid patients. The amount of subsidy for | ||||||
| 15 | purposes of this item (5) is calculated by multiplying the | ||||||
| 16 | relevant hospital entity's unreimbursed costs for | ||||||
| 17 | Medicare, calculated in the same manner as determined in | ||||||
| 18 | the Schedule H of IRS Form 990 in effect on the effective | ||||||
| 19 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 20 | by the relevant hospital entity's ratio of dual-eligible | ||||||
| 21 | patients to total Medicare patients. | ||||||
| 22 | (6) Relief of the burden of government related to | ||||||
| 23 | health care. Except to the extent otherwise taken into | ||||||
| 24 | account in this subsection, the portion of unreimbursed | ||||||
| 25 | costs of the relevant hospital entity attributable to | ||||||
| 26 | providing, paying for, or subsidizing goods, activities, | ||||||
| |||||||
| |||||||
| 1 | or services that relieve the burden of government related | ||||||
| 2 | to health care for low-income individuals. Such activities | ||||||
| 3 | or services shall include, but are not limited to, | ||||||
| 4 | providing emergency, trauma, burn, neonatal, psychiatric, | ||||||
| 5 | rehabilitation, or other special services; providing | ||||||
| 6 | medical education; and conducting medical research or | ||||||
| 7 | training of health care professionals. The portion of those | ||||||
| 8 | unreimbursed costs attributable to benefiting low-income | ||||||
| 9 | individuals shall be determined using the ratio calculated | ||||||
| 10 | by adding the relevant hospital entity's costs | ||||||
| 11 | attributable to charity care, Medicaid, other means-tested | ||||||
| 12 | government programs, Medicare patients with disabilities | ||||||
| 13 | disabled Medicare patients under age 65, and dual-eligible | ||||||
| 14 | Medicare/Medicaid patients and dividing that total by the | ||||||
| 15 | relevant hospital entity's total costs. Such costs for the | ||||||
| 16 | numerator and denominator shall be determined by | ||||||
| 17 | multiplying gross charges by the cost to charge ratio taken | ||||||
| 18 | from the hospital's most recently filed Medicare cost | ||||||
| 19 | report (CMS 2252-10 Worksheet, Part I). In the case of | ||||||
| 20 | emergency services, the ratio shall be calculated using | ||||||
| 21 | costs (gross charges multiplied by the cost to charge ratio | ||||||
| 22 | taken from the hospital's most recently filed Medicare cost | ||||||
| 23 | report (CMS 2252-10 Worksheet, Part I)) of patients treated | ||||||
| 24 | in the relevant hospital entity's emergency department. | ||||||
| 25 | (7) Any other activity by the relevant hospital entity | ||||||
| 26 | that the Department determines relieves the burden of | ||||||
| |||||||
| |||||||
| 1 | government or addresses the health of low-income or | ||||||
| 2 | underserved individuals. | ||||||
| 3 | (d) The hospital applicant shall include information in its | ||||||
| 4 | exemption application establishing that it satisfies the | ||||||
| 5 | requirements of subsection (b). For purposes of making the | ||||||
| 6 | calculations required by subsection (b), the hospital | ||||||
| 7 | applicant may for each year elect to use either (1) the value | ||||||
| 8 | of the services or activities listed in subsection (e) for the | ||||||
| 9 | hospital year or (2) the average value of those services or | ||||||
| 10 | activities for the 3 fiscal years ending with the hospital | ||||||
| 11 | year. If the relevant hospital entity has been in operation for | ||||||
| 12 | less than 3 completed fiscal years, then the latter | ||||||
| 13 | calculation, if elected, shall be performed on a pro rata | ||||||
| 14 | basis. | ||||||
| 15 | (e) For purposes of making the calculations required by | ||||||
| 16 | this Section: | ||||||
| 17 | (1) particular services or activities eligible for | ||||||
| 18 | consideration under any of the paragraphs (1) through (7) | ||||||
| 19 | of subsection (c) may not be counted under more than one of | ||||||
| 20 | those paragraphs; and | ||||||
| 21 | (2) the amount of unreimbursed costs and the amount of | ||||||
| 22 | subsidy shall not be reduced by restricted or unrestricted | ||||||
| 23 | payments received by the relevant hospital entity as | ||||||
| 24 | contributions deductible under Section 170(a) of the | ||||||
| 25 | Internal Revenue Code. | ||||||
| 26 | (f) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (g) Estimation of Exempt Property Tax Liability. The | ||||||
| 2 | estimated property tax liability used for the determination in | ||||||
| 3 | subsection (b) shall be calculated as follows: | ||||||
| 4 | (1) "Estimated property tax liability" means the | ||||||
| 5 | estimated dollar amount of property tax that would be owed, | ||||||
| 6 | with respect to the exempt portion of each of the relevant | ||||||
| 7 | hospital entity's properties that are already fully or | ||||||
| 8 | partially exempt, or for which an exemption in whole or in | ||||||
| 9 | part is currently being sought, and then aggregated as | ||||||
| 10 | applicable, as if the exempt portion of those properties | ||||||
| 11 | were subject to tax, calculated with respect to each such | ||||||
| 12 | property by multiplying: | ||||||
| 13 | (A) the lesser of (i) the actual assessed value, if | ||||||
| 14 | any, of the portion of the property for which an | ||||||
| 15 | exemption is sought or (ii) an estimated assessed value | ||||||
| 16 | of the exempt portion of such property as determined in | ||||||
| 17 | item (2) of this subsection (g), by | ||||||
| 18 | (B) the applicable State equalization rate | ||||||
| 19 | (yielding the equalized assessed value), by | ||||||
| 20 | (C) the applicable tax rate. | ||||||
| 21 | (2) The estimated assessed value of the exempt portion | ||||||
| 22 | of the property equals the sum of (i) the estimated fair | ||||||
| 23 | market value of buildings on the property, as determined in | ||||||
| 24 | accordance with subparagraphs (A) and (B) of this item (2), | ||||||
| 25 | multiplied by the applicable assessment factor, and (ii) | ||||||
| 26 | the estimated assessed value of the land portion of the | ||||||
| |||||||
| |||||||
| 1 | property, as determined in accordance with subparagraph | ||||||
| 2 | (C). | ||||||
| 3 | (A) The "estimated fair market value of buildings | ||||||
| 4 | on the property" means the replacement value of any | ||||||
| 5 | exempt portion of buildings on the property, minus | ||||||
| 6 | depreciation, determined utilizing the cost | ||||||
| 7 | replacement method whereby the exempt square footage | ||||||
| 8 | of all such buildings is multiplied by the replacement | ||||||
| 9 | cost per square foot for Class A Average building found | ||||||
| 10 | in the most recent edition of the Marshall & Swift | ||||||
| 11 | Valuation Services Manual, adjusted by any appropriate | ||||||
| 12 | current cost and local multipliers. | ||||||
| 13 | (B) Depreciation, for purposes of calculating the | ||||||
| 14 | estimated fair market value of buildings on the | ||||||
| 15 | property, is applied by utilizing a weighted mean life | ||||||
| 16 | for the buildings based on original construction and | ||||||
| 17 | assuming a 40-year life for hospital buildings and the | ||||||
| 18 | applicable life for other types of buildings as | ||||||
| 19 | specified in the American Hospital Association | ||||||
| 20 | publication "Estimated Useful Lives of Depreciable | ||||||
| 21 | Hospital Assets". In the case of hospital buildings, | ||||||
| 22 | the remaining life is divided by 40 and this ratio is | ||||||
| 23 | multiplied by the replacement cost of the buildings to | ||||||
| 24 | obtain an estimated fair market value of buildings. If | ||||||
| 25 | a hospital building is older than 35 years, a remaining | ||||||
| 26 | life of 5 years for residual value is assumed; and if a | ||||||
| |||||||
| |||||||
| 1 | building is less than 8 years old, a remaining life of | ||||||
| 2 | 32 years is assumed. | ||||||
| 3 | (C) The estimated assessed value of the land | ||||||
| 4 | portion of the property shall be determined by | ||||||
| 5 | multiplying (i) the per square foot average of the | ||||||
| 6 | assessed values of three parcels of land (not including | ||||||
| 7 | farm land, and excluding the assessed value of the | ||||||
| 8 | improvements thereon) reasonably comparable to the | ||||||
| 9 | property, by (ii) the number of square feet comprising | ||||||
| 10 | the exempt portion of the property's land square | ||||||
| 11 | footage. | ||||||
| 12 | (3) The assessment factor, State equalization rate, | ||||||
| 13 | and tax rate (including any special factors such as | ||||||
| 14 | Enterprise Zones) used in calculating the estimated | ||||||
| 15 | property tax liability shall be for the most recent year | ||||||
| 16 | that is publicly available from the applicable chief county | ||||||
| 17 | assessment officer or officers at least 90 days before the | ||||||
| 18 | end of the hospital year. | ||||||
| 19 | (4) The method utilized to calculate estimated | ||||||
| 20 | property tax liability for purposes of this Section 15-86 | ||||||
| 21 | shall not be utilized for the actual valuation, assessment, | ||||||
| 22 | or taxation of property pursuant to the Property Tax Code. | ||||||
| 23 | (h) For the purpose of this Section, the following terms | ||||||
| 24 | shall have the meanings set forth below: | ||||||
| 25 | (1) "Hospital" means any institution, place, building, | ||||||
| 26 | buildings on a campus, or other health care facility | ||||||
| |||||||
| |||||||
| 1 | located in Illinois that is licensed under the Hospital | ||||||
| 2 | Licensing Act and has a hospital owner. | ||||||
| 3 | (2) "Hospital owner" means a not-for-profit | ||||||
| 4 | corporation that is the titleholder of a hospital, or the | ||||||
| 5 | owner of the beneficial interest in an Illinois land trust | ||||||
| 6 | that is the titleholder of a hospital. | ||||||
| 7 | (3) "Hospital affiliate" means any corporation, | ||||||
| 8 | partnership, limited partnership, joint venture, limited | ||||||
| 9 | liability company, association or other organization, | ||||||
| 10 | other than a hospital owner, that directly or indirectly | ||||||
| 11 | controls, is controlled by, or is under common control with | ||||||
| 12 | one or more hospital owners and that supports, is supported | ||||||
| 13 | by, or acts in furtherance of the exempt health care | ||||||
| 14 | purposes of at least one of those hospital owners' | ||||||
| 15 | hospitals. | ||||||
| 16 | (4) "Hospital system" means a hospital and one or more | ||||||
| 17 | other hospitals or hospital affiliates related by common | ||||||
| 18 | control or ownership. | ||||||
| 19 | (5) "Control" relating to hospital owners, hospital | ||||||
| 20 | affiliates, or hospital systems means possession, direct | ||||||
| 21 | or indirect, of the power to direct or cause the direction | ||||||
| 22 | of the management and policies of the entity, whether | ||||||
| 23 | through ownership of assets, membership interest, other | ||||||
| 24 | voting or governance rights, by contract or otherwise. | ||||||
| 25 | (6) "Hospital applicant" means a hospital owner or | ||||||
| 26 | hospital affiliate that files an application for an | ||||||
| |||||||
| |||||||
| 1 | exemption or renewal of exemption under this Section. | ||||||
| 2 | (7) "Relevant hospital entity" means (A) the hospital | ||||||
| 3 | owner, in the case of a hospital applicant that is a | ||||||
| 4 | hospital owner, and (B) at the election of a hospital | ||||||
| 5 | applicant that is a hospital affiliate, either (i) the | ||||||
| 6 | hospital affiliate or (ii) the hospital system to which the | ||||||
| 7 | hospital applicant belongs, including any hospitals or | ||||||
| 8 | hospital affiliates that are related by common control or | ||||||
| 9 | ownership. | ||||||
| 10 | (8) "Subject property" means property used for the | ||||||
| 11 | calculation under subsection (b) of this Section. | ||||||
| 12 | (9) "Hospital year" means the fiscal year of the | ||||||
| 13 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 14 | hospital owners in the hospital system if the relevant | ||||||
| 15 | hospital entity is a hospital system with members with | ||||||
| 16 | different fiscal years, that ends in the year for which the | ||||||
| 17 | exemption is sought.
| ||||||
| 18 | (Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
| ||||||
| 19 | (35 ILCS 105/3-10)
| ||||||
| 20 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 21 | Section, the tax
imposed by this Act is at the rate of 6.25% of | ||||||
| 22 | either the selling price or the
fair market value, if any, of | ||||||
| 23 | the tangible personal property. In all cases
where property | ||||||
| 24 | functionally used or consumed is the same as the property that
| ||||||
| 25 | was purchased at retail, then the tax is imposed on the selling | ||||||
| |||||||
| |||||||
| 1 | price of the
property. In all cases where property functionally | ||||||
| 2 | used or consumed is a
by-product or waste product that has been | ||||||
| 3 | refined, manufactured, or produced
from property purchased at | ||||||
| 4 | retail, then the tax is imposed on the lower of the
fair market | ||||||
| 5 | value, if any, of the specific property so used in this State | ||||||
| 6 | or on
the selling price of the property purchased at retail. | ||||||
| 7 | For purposes of this
Section "fair market value" means the | ||||||
| 8 | price at which property would change
hands between a willing | ||||||
| 9 | buyer and a willing seller, neither being under any
compulsion | ||||||
| 10 | to buy or sell and both having reasonable knowledge of the
| ||||||
| 11 | relevant facts. The fair market value shall be established by | ||||||
| 12 | Illinois sales by
the taxpayer of the same property as that | ||||||
| 13 | functionally used or consumed, or if
there are no such sales by | ||||||
| 14 | the taxpayer, then comparable sales or purchases of
property of | ||||||
| 15 | like kind and character in Illinois.
| ||||||
| 16 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 17 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 18 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 19 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
| 20 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
| 21 | respect to sales tax holiday items as defined in Section 3-6 of | ||||||
| 22 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
| 23 | With respect to gasohol, the tax imposed by this Act | ||||||
| 24 | applies to (i) 70%
of the proceeds of sales made on or after | ||||||
| 25 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
| 26 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
| |||||||
| |||||||
| 1 | before December 31, 2018, and (iii) 100% of the proceeds of | ||||||
| 2 | sales made
thereafter.
If, at any time, however, the tax under | ||||||
| 3 | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | ||||||
| 4 | then the tax imposed by this Act applies to 100% of the | ||||||
| 5 | proceeds
of sales of gasohol made during that time.
| ||||||
| 6 | With respect to majority blended ethanol fuel, the tax | ||||||
| 7 | imposed by this Act
does
not apply
to the proceeds of sales | ||||||
| 8 | made on or after July 1, 2003 and on or before
December
31, | ||||||
| 9 | 2018 but applies to 100% of the proceeds of sales made | ||||||
| 10 | thereafter.
| ||||||
| 11 | With respect to biodiesel blends with no less than 1% and | ||||||
| 12 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
| 13 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
| 14 | 2003 and on or before December 31, 2018
and (ii) 100% of the | ||||||
| 15 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
| 16 | the tax under this Act on sales of biodiesel blends
with no | ||||||
| 17 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
| 18 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
| 19 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
| 20 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
| 21 | With respect to 100% biodiesel and biodiesel blends with | ||||||
| 22 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
| 23 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
| 24 | after July 1, 2003 and on or before
December 31, 2018 but | ||||||
| 25 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
| 26 | With respect to food for human consumption that is to be | ||||||
| |||||||
| |||||||
| 1 | consumed off the
premises where it is sold (other than | ||||||
| 2 | alcoholic beverages, soft drinks, and
food that has been | ||||||
| 3 | prepared for immediate consumption) and prescription and
| ||||||
| 4 | nonprescription medicines, drugs, medical appliances, | ||||||
| 5 | modifications to a motor
vehicle for the purpose of rendering | ||||||
| 6 | it usable by a person with a disability disabled person, and
| ||||||
| 7 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 8 | diabetics, for
human use, the tax is imposed at the rate of 1%. | ||||||
| 9 | For the purposes of this
Section, until September 1, 2009: the | ||||||
| 10 | term "soft drinks" means any complete, finished, ready-to-use,
| ||||||
| 11 | non-alcoholic drink, whether carbonated or not, including but | ||||||
| 12 | not limited to
soda water, cola, fruit juice, vegetable juice, | ||||||
| 13 | carbonated water, and all other
preparations commonly known as | ||||||
| 14 | soft drinks of whatever kind or description that
are contained | ||||||
| 15 | in any closed or sealed bottle, can, carton, or container,
| ||||||
| 16 | regardless of size; but "soft drinks" does not include coffee, | ||||||
| 17 | tea, non-carbonated
water, infant formula, milk or milk | ||||||
| 18 | products as defined in the Grade A
Pasteurized Milk and Milk | ||||||
| 19 | Products Act, or drinks containing 50% or more
natural fruit or | ||||||
| 20 | vegetable juice.
| ||||||
| 21 | Notwithstanding any other provisions of this
Act, | ||||||
| 22 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 23 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 24 | drinks" do not include beverages that contain milk or milk | ||||||
| 25 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 26 | than 50% of vegetable or fruit juice by volume. | ||||||
| |||||||
| |||||||
| 1 | Until August 1, 2009, and notwithstanding any other | ||||||
| 2 | provisions of this
Act, "food for human consumption that is to | ||||||
| 3 | be consumed off the premises where
it is sold" includes all | ||||||
| 4 | food sold through a vending machine, except soft
drinks and | ||||||
| 5 | food products that are dispensed hot from a vending machine,
| ||||||
| 6 | regardless of the location of the vending machine. Beginning | ||||||
| 7 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 8 | this Act, "food for human consumption that is to be consumed | ||||||
| 9 | off the premises where it is sold" includes all food sold | ||||||
| 10 | through a vending machine, except soft drinks, candy, and food | ||||||
| 11 | products that are dispensed hot from a vending machine, | ||||||
| 12 | regardless of the location of the vending machine.
| ||||||
| 13 | Notwithstanding any other provisions of this
Act, | ||||||
| 14 | beginning September 1, 2009, "food for human consumption that | ||||||
| 15 | is to be consumed off the premises where
it is sold" does not | ||||||
| 16 | include candy. For purposes of this Section, "candy" means a | ||||||
| 17 | preparation of sugar, honey, or other natural or artificial | ||||||
| 18 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 19 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 20 | pieces. "Candy" does not include any preparation that contains | ||||||
| 21 | flour or requires refrigeration. | ||||||
| 22 | Notwithstanding any other provisions of this
Act, | ||||||
| 23 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 24 | drugs" does not include grooming and hygiene products. For | ||||||
| 25 | purposes of this Section, "grooming and hygiene products" | ||||||
| 26 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| |||||||
| |||||||
| 1 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 2 | lotions and screens, unless those products are available by | ||||||
| 3 | prescription only, regardless of whether the products meet the | ||||||
| 4 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 5 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 6 | use that contains a label that identifies the product as a drug | ||||||
| 7 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 8 | label includes: | ||||||
| 9 | (A) A "Drug Facts" panel; or | ||||||
| 10 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 11 | list of those ingredients contained in the compound, | ||||||
| 12 | substance or preparation. | ||||||
| 13 | Beginning on the effective date of this amendatory Act of | ||||||
| 14 | the 98th General Assembly, "prescription and nonprescription | ||||||
| 15 | medicines and drugs" includes medical cannabis purchased from a | ||||||
| 16 | registered dispensing organization under the Compassionate Use | ||||||
| 17 | of Medical Cannabis Pilot Program Act. | ||||||
| 18 | If the property that is purchased at retail from a retailer | ||||||
| 19 | is acquired
outside Illinois and used outside Illinois before | ||||||
| 20 | being brought to Illinois
for use here and is taxable under | ||||||
| 21 | this Act, the "selling price" on which
the tax is computed | ||||||
| 22 | shall be reduced by an amount that represents a
reasonable | ||||||
| 23 | allowance for depreciation for the period of prior out-of-state | ||||||
| 24 | use.
| ||||||
| 25 | (Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 305. The Service Use Tax Act is amended by changing | ||||||
| 2 | Sections 3-8 and 3-10 as follows:
| ||||||
| 3 | (35 ILCS 110/3-8) | ||||||
| 4 | Sec. 3-8. Hospital exemption. | ||||||
| 5 | (a) Tangible personal property sold to or used by a | ||||||
| 6 | hospital owner that owns one or more hospitals licensed under | ||||||
| 7 | the Hospital Licensing Act or operated under the University of | ||||||
| 8 | Illinois Hospital Act, or a hospital affiliate that is not | ||||||
| 9 | already exempt under another provision of this Act and meets | ||||||
| 10 | the criteria for an exemption under this Section, is exempt | ||||||
| 11 | from taxation under this Act. | ||||||
| 12 | (b) A hospital owner or hospital affiliate satisfies the | ||||||
| 13 | conditions for an exemption under this Section if the value of | ||||||
| 14 | qualified services or activities listed in subsection (c) of | ||||||
| 15 | this Section for the hospital year equals or exceeds the | ||||||
| 16 | relevant hospital entity's estimated property tax liability, | ||||||
| 17 | without regard to any property tax exemption granted under | ||||||
| 18 | Section 15-86 of the Property Tax Code, for the calendar year | ||||||
| 19 | in which exemption or renewal of exemption is sought. For | ||||||
| 20 | purposes of making the calculations required by this subsection | ||||||
| 21 | (b), if the relevant hospital entity is a hospital owner that | ||||||
| 22 | owns more than one hospital, the value of the services or | ||||||
| 23 | activities listed in subsection (c) shall be calculated on the | ||||||
| 24 | basis of only those services and activities relating to the | ||||||
| 25 | hospital that includes the subject property, and the relevant | ||||||
| |||||||
| |||||||
| 1 | hospital entity's estimated property tax liability shall be | ||||||
| 2 | calculated only with respect to the properties comprising that | ||||||
| 3 | hospital. In the case of a multi-state hospital system or | ||||||
| 4 | hospital affiliate, the value of the services or activities | ||||||
| 5 | listed in subsection (c) shall be calculated on the basis of | ||||||
| 6 | only those services and activities that occur in Illinois and | ||||||
| 7 | the relevant hospital entity's estimated property tax | ||||||
| 8 | liability shall be calculated only with respect to its property | ||||||
| 9 | located in Illinois. | ||||||
| 10 | (c) The following services and activities shall be | ||||||
| 11 | considered for purposes of making the calculations required by | ||||||
| 12 | subsection (b): | ||||||
| 13 | (1) Charity care. Free or discounted services provided | ||||||
| 14 | pursuant to the relevant hospital entity's financial | ||||||
| 15 | assistance policy, measured at cost, including discounts | ||||||
| 16 | provided under the Hospital Uninsured Patient Discount | ||||||
| 17 | Act. | ||||||
| 18 | (2) Health services to low-income and underserved | ||||||
| 19 | individuals. Other unreimbursed costs of the relevant | ||||||
| 20 | hospital entity for providing without charge, paying for, | ||||||
| 21 | or subsidizing goods, activities, or services for the | ||||||
| 22 | purpose of addressing the health of low-income or | ||||||
| 23 | underserved individuals. Those activities or services may | ||||||
| 24 | include, but are not limited to: financial or in-kind | ||||||
| 25 | support to affiliated or unaffiliated hospitals, hospital | ||||||
| 26 | affiliates, community clinics, or programs that treat | ||||||
| |||||||
| |||||||
| 1 | low-income or underserved individuals; paying for or | ||||||
| 2 | subsidizing health care professionals who care for | ||||||
| 3 | low-income or underserved individuals; providing or | ||||||
| 4 | subsidizing outreach or educational services to low-income | ||||||
| 5 | or underserved individuals for disease management and | ||||||
| 6 | prevention; free or subsidized goods, supplies, or | ||||||
| 7 | services needed by low-income or underserved individuals | ||||||
| 8 | because of their medical condition; and prenatal or | ||||||
| 9 | childbirth outreach to low-income or underserved persons. | ||||||
| 10 | (3) Subsidy of State or local governments. Direct or | ||||||
| 11 | indirect financial or in-kind subsidies of State or local | ||||||
| 12 | governments by the relevant hospital entity that pay for or | ||||||
| 13 | subsidize activities or programs related to health care for | ||||||
| 14 | low-income or underserved individuals. | ||||||
| 15 | (4) Support for State health care programs for | ||||||
| 16 | low-income individuals. At the election of the hospital | ||||||
| 17 | applicant for each applicable year, either (A) 10% of | ||||||
| 18 | payments to the relevant hospital entity and any hospital | ||||||
| 19 | affiliate designated by the relevant hospital entity | ||||||
| 20 | (provided that such hospital affiliate's operations | ||||||
| 21 | provide financial or operational support for or receive | ||||||
| 22 | financial or operational support from the relevant | ||||||
| 23 | hospital entity) under Medicaid or other means-tested | ||||||
| 24 | programs, including, but not limited to, General | ||||||
| 25 | Assistance, the Covering ALL KIDS Health Insurance Act, and | ||||||
| 26 | the State Children's Health Insurance Program or (B) the | ||||||
| |||||||
| |||||||
| 1 | amount of subsidy provided by the relevant hospital entity | ||||||
| 2 | and any hospital affiliate designated by the relevant | ||||||
| 3 | hospital entity (provided that such hospital affiliate's | ||||||
| 4 | operations provide financial or operational support for or | ||||||
| 5 | receive financial or operational support from the relevant | ||||||
| 6 | hospital entity) to State or local government in treating | ||||||
| 7 | Medicaid recipients and recipients of means-tested | ||||||
| 8 | programs, including but not limited to General Assistance, | ||||||
| 9 | the Covering ALL KIDS Health Insurance Act, and the State | ||||||
| 10 | Children's Health Insurance Program. The amount of subsidy | ||||||
| 11 | for purposes of this item (4) is calculated in the same | ||||||
| 12 | manner as unreimbursed costs are calculated for Medicaid | ||||||
| 13 | and other means-tested government programs in the Schedule | ||||||
| 14 | H of IRS Form 990 in effect on the effective date of this | ||||||
| 15 | amendatory Act of the 97th General Assembly. | ||||||
| 16 | (5) Dual-eligible subsidy. The amount of subsidy | ||||||
| 17 | provided to government by treating dual-eligible | ||||||
| 18 | Medicare/Medicaid patients. The amount of subsidy for | ||||||
| 19 | purposes of this item (5) is calculated by multiplying the | ||||||
| 20 | relevant hospital entity's unreimbursed costs for | ||||||
| 21 | Medicare, calculated in the same manner as determined in | ||||||
| 22 | the Schedule H of IRS Form 990 in effect on the effective | ||||||
| 23 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 24 | by the relevant hospital entity's ratio of dual-eligible | ||||||
| 25 | patients to total Medicare patients. | ||||||
| 26 | (6) Relief of the burden of government related to | ||||||
| |||||||
| |||||||
| 1 | health care. Except to the extent otherwise taken into | ||||||
| 2 | account in this subsection, the portion of unreimbursed | ||||||
| 3 | costs of the relevant hospital entity attributable to | ||||||
| 4 | providing, paying for, or subsidizing goods, activities, | ||||||
| 5 | or services that relieve the burden of government related | ||||||
| 6 | to health care for low-income individuals. Such activities | ||||||
| 7 | or services shall include, but are not limited to, | ||||||
| 8 | providing emergency, trauma, burn, neonatal, psychiatric, | ||||||
| 9 | rehabilitation, or other special services; providing | ||||||
| 10 | medical education; and conducting medical research or | ||||||
| 11 | training of health care professionals. The portion of those | ||||||
| 12 | unreimbursed costs attributable to benefiting low-income | ||||||
| 13 | individuals shall be determined using the ratio calculated | ||||||
| 14 | by adding the relevant hospital entity's costs | ||||||
| 15 | attributable to charity care, Medicaid, other means-tested | ||||||
| 16 | government programs, Medicare patients with disabilities | ||||||
| 17 | disabled Medicare patients under age 65, and dual-eligible | ||||||
| 18 | Medicare/Medicaid patients and dividing that total by the | ||||||
| 19 | relevant hospital entity's total costs. Such costs for the | ||||||
| 20 | numerator and denominator shall be determined by | ||||||
| 21 | multiplying gross charges by the cost to charge ratio taken | ||||||
| 22 | from the hospital's most recently filed Medicare cost | ||||||
| 23 | report (CMS 2252-10 Worksheet, Part I). In the case of | ||||||
| 24 | emergency services, the ratio shall be calculated using | ||||||
| 25 | costs (gross charges multiplied by the cost to charge ratio | ||||||
| 26 | taken from the hospital's most recently filed Medicare cost | ||||||
| |||||||
| |||||||
| 1 | report (CMS 2252-10 Worksheet, Part I)) of patients treated | ||||||
| 2 | in the relevant hospital entity's emergency department. | ||||||
| 3 | (7) Any other activity by the relevant hospital entity | ||||||
| 4 | that the Department determines relieves the burden of | ||||||
| 5 | government or addresses the health of low-income or | ||||||
| 6 | underserved individuals. | ||||||
| 7 | (d) The hospital applicant shall include information in its | ||||||
| 8 | exemption application establishing that it satisfies the | ||||||
| 9 | requirements of subsection (b). For purposes of making the | ||||||
| 10 | calculations required by subsection (b), the hospital | ||||||
| 11 | applicant may for each year elect to use either (1) the value | ||||||
| 12 | of the services or activities listed in subsection (e) for the | ||||||
| 13 | hospital year or (2) the average value of those services or | ||||||
| 14 | activities for the 3 fiscal years ending with the hospital | ||||||
| 15 | year. If the relevant hospital entity has been in operation for | ||||||
| 16 | less than 3 completed fiscal years, then the latter | ||||||
| 17 | calculation, if elected, shall be performed on a pro rata | ||||||
| 18 | basis. | ||||||
| 19 | (e) For purposes of making the calculations required by | ||||||
| 20 | this Section: | ||||||
| 21 | (1) particular services or activities eligible for | ||||||
| 22 | consideration under any of the paragraphs (1) through (7) | ||||||
| 23 | of subsection (c) may not be counted under more than one of | ||||||
| 24 | those paragraphs; and | ||||||
| 25 | (2) the amount of unreimbursed costs and the amount of | ||||||
| 26 | subsidy shall not be reduced by restricted or unrestricted | ||||||
| |||||||
| |||||||
| 1 | payments received by the relevant hospital entity as | ||||||
| 2 | contributions deductible under Section 170(a) of the | ||||||
| 3 | Internal Revenue Code. | ||||||
| 4 | (f) (Blank). | ||||||
| 5 | (g) Estimation of Exempt Property Tax Liability. The | ||||||
| 6 | estimated property tax liability used for the determination in | ||||||
| 7 | subsection (b) shall be calculated as follows: | ||||||
| 8 | (1) "Estimated property tax liability" means the | ||||||
| 9 | estimated dollar amount of property tax that would be owed, | ||||||
| 10 | with respect to the exempt portion of each of the relevant | ||||||
| 11 | hospital entity's properties that are already fully or | ||||||
| 12 | partially exempt, or for which an exemption in whole or in | ||||||
| 13 | part is currently being sought, and then aggregated as | ||||||
| 14 | applicable, as if the exempt portion of those properties | ||||||
| 15 | were subject to tax, calculated with respect to each such | ||||||
| 16 | property by multiplying: | ||||||
| 17 | (A) the lesser of (i) the actual assessed value, if | ||||||
| 18 | any, of the portion of the property for which an | ||||||
| 19 | exemption is sought or (ii) an estimated assessed value | ||||||
| 20 | of the exempt portion of such property as determined in | ||||||
| 21 | item (2) of this subsection (g), by | ||||||
| 22 | (B) the applicable State equalization rate | ||||||
| 23 | (yielding the equalized assessed value), by | ||||||
| 24 | (C) the applicable tax rate. | ||||||
| 25 | (2) The estimated assessed value of the exempt portion | ||||||
| 26 | of the property equals the sum of (i) the estimated fair | ||||||
| |||||||
| |||||||
| 1 | market value of buildings on the property, as determined in | ||||||
| 2 | accordance with subparagraphs (A) and (B) of this item (2), | ||||||
| 3 | multiplied by the applicable assessment factor, and (ii) | ||||||
| 4 | the estimated assessed value of the land portion of the | ||||||
| 5 | property, as determined in accordance with subparagraph | ||||||
| 6 | (C). | ||||||
| 7 | (A) The "estimated fair market value of buildings | ||||||
| 8 | on the property" means the replacement value of any | ||||||
| 9 | exempt portion of buildings on the property, minus | ||||||
| 10 | depreciation, determined utilizing the cost | ||||||
| 11 | replacement method whereby the exempt square footage | ||||||
| 12 | of all such buildings is multiplied by the replacement | ||||||
| 13 | cost per square foot for Class A Average building found | ||||||
| 14 | in the most recent edition of the Marshall & Swift | ||||||
| 15 | Valuation Services Manual, adjusted by any appropriate | ||||||
| 16 | current cost and local multipliers. | ||||||
| 17 | (B) Depreciation, for purposes of calculating the | ||||||
| 18 | estimated fair market value of buildings on the | ||||||
| 19 | property, is applied by utilizing a weighted mean life | ||||||
| 20 | for the buildings based on original construction and | ||||||
| 21 | assuming a 40-year life for hospital buildings and the | ||||||
| 22 | applicable life for other types of buildings as | ||||||
| 23 | specified in the American Hospital Association | ||||||
| 24 | publication "Estimated Useful Lives of Depreciable | ||||||
| 25 | Hospital Assets". In the case of hospital buildings, | ||||||
| 26 | the remaining life is divided by 40 and this ratio is | ||||||
| |||||||
| |||||||
| 1 | multiplied by the replacement cost of the buildings to | ||||||
| 2 | obtain an estimated fair market value of buildings. If | ||||||
| 3 | a hospital building is older than 35 years, a remaining | ||||||
| 4 | life of 5 years for residual value is assumed; and if a | ||||||
| 5 | building is less than 8 years old, a remaining life of | ||||||
| 6 | 32 years is assumed. | ||||||
| 7 | (C) The estimated assessed value of the land | ||||||
| 8 | portion of the property shall be determined by | ||||||
| 9 | multiplying (i) the per square foot average of the | ||||||
| 10 | assessed values of three parcels of land (not including | ||||||
| 11 | farm land, and excluding the assessed value of the | ||||||
| 12 | improvements thereon) reasonably comparable to the | ||||||
| 13 | property, by (ii) the number of square feet comprising | ||||||
| 14 | the exempt portion of the property's land square | ||||||
| 15 | footage. | ||||||
| 16 | (3) The assessment factor, State equalization rate, | ||||||
| 17 | and tax rate (including any special factors such as | ||||||
| 18 | Enterprise Zones) used in calculating the estimated | ||||||
| 19 | property tax liability shall be for the most recent year | ||||||
| 20 | that is publicly available from the applicable chief county | ||||||
| 21 | assessment officer or officers at least 90 days before the | ||||||
| 22 | end of the hospital year. | ||||||
| 23 | (4) The method utilized to calculate estimated | ||||||
| 24 | property tax liability for purposes of this Section 15-86 | ||||||
| 25 | shall not be utilized for the actual valuation, assessment, | ||||||
| 26 | or taxation of property pursuant to the Property Tax Code. | ||||||
| |||||||
| |||||||
| 1 | (h) For the purpose of this Section, the following terms | ||||||
| 2 | shall have the meanings set forth below: | ||||||
| 3 | (1) "Hospital" means any institution, place, building, | ||||||
| 4 | buildings on a campus, or other health care facility | ||||||
| 5 | located in Illinois that is licensed under the Hospital | ||||||
| 6 | Licensing Act and has a hospital owner. | ||||||
| 7 | (2) "Hospital owner" means a not-for-profit | ||||||
| 8 | corporation that is the titleholder of a hospital, or the | ||||||
| 9 | owner of the beneficial interest in an Illinois land trust | ||||||
| 10 | that is the titleholder of a hospital. | ||||||
| 11 | (3) "Hospital affiliate" means any corporation, | ||||||
| 12 | partnership, limited partnership, joint venture, limited | ||||||
| 13 | liability company, association or other organization, | ||||||
| 14 | other than a hospital owner, that directly or indirectly | ||||||
| 15 | controls, is controlled by, or is under common control with | ||||||
| 16 | one or more hospital owners and that supports, is supported | ||||||
| 17 | by, or acts in furtherance of the exempt health care | ||||||
| 18 | purposes of at least one of those hospital owners' | ||||||
| 19 | hospitals. | ||||||
| 20 | (4) "Hospital system" means a hospital and one or more | ||||||
| 21 | other hospitals or hospital affiliates related by common | ||||||
| 22 | control or ownership. | ||||||
| 23 | (5) "Control" relating to hospital owners, hospital | ||||||
| 24 | affiliates, or hospital systems means possession, direct | ||||||
| 25 | or indirect, of the power to direct or cause the direction | ||||||
| 26 | of the management and policies of the entity, whether | ||||||
| |||||||
| |||||||
| 1 | through ownership of assets, membership interest, other | ||||||
| 2 | voting or governance rights, by contract or otherwise. | ||||||
| 3 | (6) "Hospital applicant" means a hospital owner or | ||||||
| 4 | hospital affiliate that files an application for an | ||||||
| 5 | exemption or renewal of exemption under this Section. | ||||||
| 6 | (7) "Relevant hospital entity" means (A) the hospital | ||||||
| 7 | owner, in the case of a hospital applicant that is a | ||||||
| 8 | hospital owner, and (B) at the election of a hospital | ||||||
| 9 | applicant that is a hospital affiliate, either (i) the | ||||||
| 10 | hospital affiliate or (ii) the hospital system to which the | ||||||
| 11 | hospital applicant belongs, including any hospitals or | ||||||
| 12 | hospital affiliates that are related by common control or | ||||||
| 13 | ownership. | ||||||
| 14 | (8) "Subject property" means property used for the | ||||||
| 15 | calculation under subsection (b) of this Section. | ||||||
| 16 | (9) "Hospital year" means the fiscal year of the | ||||||
| 17 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 18 | hospital owners in the hospital system if the relevant | ||||||
| 19 | hospital entity is a hospital system with members with | ||||||
| 20 | different fiscal years, that ends in the year for which the | ||||||
| 21 | exemption is sought.
| ||||||
| 22 | (Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
| ||||||
| 23 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
| 24 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 25 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| |||||||
| |||||||
| 1 | the selling
price of tangible personal property transferred as | ||||||
| 2 | an incident to the sale
of service, but, for the purpose of | ||||||
| 3 | computing this tax, in no event shall
the selling price be less | ||||||
| 4 | than the cost price of the property to the
serviceman.
| ||||||
| 5 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 6 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 7 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 8 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 9 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 10 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
| 11 | of property transferred
as an incident to the sale of service | ||||||
| 12 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
| 13 | of the selling price of
property transferred as an incident to | ||||||
| 14 | the sale of service on or after July
1, 2003 and on or before | ||||||
| 15 | December 31, 2018, and (iii)
100% of the selling price | ||||||
| 16 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 17 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 18 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 19 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 20 | With respect to majority blended ethanol fuel, as defined | ||||||
| 21 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 22 | to the selling price of property transferred
as an incident to | ||||||
| 23 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 24 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 25 | thereafter.
| ||||||
| 26 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| |||||||
| |||||||
| 1 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 2 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 3 | of property transferred as an incident
to the sale of service | ||||||
| 4 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 5 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 6 | at any time, however, the tax under this Act on sales of | ||||||
| 7 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 8 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 9 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 10 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 11 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 12 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 13 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 14 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
| 15 | by this Act
does not apply to the proceeds of the selling price | ||||||
| 16 | of property transferred
as an incident to the sale of service | ||||||
| 17 | on or after July 1, 2003 and on or before
December 31, 2018 but | ||||||
| 18 | applies to 100% of the selling price thereafter.
| ||||||
| 19 | At the election of any registered serviceman made for each | ||||||
| 20 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 21 | cost price of tangible
personal property transferred as an | ||||||
| 22 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 23 | the case of servicemen transferring prescription
drugs or | ||||||
| 24 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 25 | annual total gross receipts from all sales of service, the tax | ||||||
| 26 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| |||||||
| |||||||
| 1 | price of the tangible
personal property transferred as an | ||||||
| 2 | incident to the sale of those services.
| ||||||
| 3 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 4 | for
immediate consumption and transferred incident to a sale of | ||||||
| 5 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 6 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 7 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 8 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 9 | Child Care
Act of 1969. The tax shall
also be imposed at the | ||||||
| 10 | rate of 1% on food for human consumption that is to be
consumed | ||||||
| 11 | off the premises where it is sold (other than alcoholic | ||||||
| 12 | beverages,
soft drinks, and food that has been prepared for | ||||||
| 13 | immediate consumption and is
not otherwise included in this | ||||||
| 14 | paragraph) and prescription and nonprescription
medicines, | ||||||
| 15 | drugs, medical appliances, modifications to a motor vehicle for | ||||||
| 16 | the
purpose of rendering it usable by a person with a | ||||||
| 17 | disability disabled person, and insulin, urine testing
| ||||||
| 18 | materials,
syringes, and needles used by diabetics, for
human | ||||||
| 19 | use. For the purposes of this Section, until September 1, 2009: | ||||||
| 20 | the term "soft drinks" means any
complete, finished, | ||||||
| 21 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
| 22 | including but not limited to soda water, cola, fruit juice, | ||||||
| 23 | vegetable
juice, carbonated water, and all other preparations | ||||||
| 24 | commonly known as soft
drinks of whatever kind or description | ||||||
| 25 | that are contained in any closed or
sealed bottle, can, carton, | ||||||
| 26 | or container, regardless of size; but "soft drinks"
does not | ||||||
| |||||||
| |||||||
| 1 | include coffee, tea, non-carbonated water, infant formula, | ||||||
| 2 | milk or
milk products as defined in the Grade A Pasteurized | ||||||
| 3 | Milk and Milk Products Act,
or drinks containing 50% or more | ||||||
| 4 | natural fruit or vegetable juice.
| ||||||
| 5 | Notwithstanding any other provisions of this
Act, | ||||||
| 6 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 7 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 8 | drinks" do not include beverages that contain milk or milk | ||||||
| 9 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 10 | than 50% of vegetable or fruit juice by volume. | ||||||
| 11 | Until August 1, 2009, and notwithstanding any other | ||||||
| 12 | provisions of this Act, "food for human
consumption that is to | ||||||
| 13 | be consumed off the premises where it is sold" includes
all | ||||||
| 14 | food sold through a vending machine, except soft drinks and | ||||||
| 15 | food products
that are dispensed hot from a vending machine, | ||||||
| 16 | regardless of the location of
the vending machine. Beginning | ||||||
| 17 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 18 | this Act, "food for human consumption that is to be consumed | ||||||
| 19 | off the premises where it is sold" includes all food sold | ||||||
| 20 | through a vending machine, except soft drinks, candy, and food | ||||||
| 21 | products that are dispensed hot from a vending machine, | ||||||
| 22 | regardless of the location of the vending machine.
| ||||||
| 23 | Notwithstanding any other provisions of this
Act, | ||||||
| 24 | beginning September 1, 2009, "food for human consumption that | ||||||
| 25 | is to be consumed off the premises where
it is sold" does not | ||||||
| 26 | include candy. For purposes of this Section, "candy" means a | ||||||
| |||||||
| |||||||
| 1 | preparation of sugar, honey, or other natural or artificial | ||||||
| 2 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 3 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 4 | pieces. "Candy" does not include any preparation that contains | ||||||
| 5 | flour or requires refrigeration. | ||||||
| 6 | Notwithstanding any other provisions of this
Act, | ||||||
| 7 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 8 | drugs" does not include grooming and hygiene products. For | ||||||
| 9 | purposes of this Section, "grooming and hygiene products" | ||||||
| 10 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 11 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 12 | lotions and screens, unless those products are available by | ||||||
| 13 | prescription only, regardless of whether the products meet the | ||||||
| 14 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 15 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 16 | use that contains a label that identifies the product as a drug | ||||||
| 17 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 18 | label includes: | ||||||
| 19 | (A) A "Drug Facts" panel; or | ||||||
| 20 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 21 | list of those ingredients contained in the compound, | ||||||
| 22 | substance or preparation. | ||||||
| 23 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 24 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 25 | drugs" includes medical cannabis purchased from a registered | ||||||
| 26 | dispensing organization under the Compassionate Use of Medical | ||||||
| |||||||
| |||||||
| 1 | Cannabis Pilot Program Act. | ||||||
| 2 | If the property that is acquired from a serviceman is | ||||||
| 3 | acquired outside
Illinois and used outside Illinois before | ||||||
| 4 | being brought to Illinois for use
here and is taxable under | ||||||
| 5 | this Act, the "selling price" on which the tax
is computed | ||||||
| 6 | shall be reduced by an amount that represents a reasonable
| ||||||
| 7 | allowance for depreciation for the period of prior out-of-state | ||||||
| 8 | use.
| ||||||
| 9 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, | ||||||
| 10 | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756, | ||||||
| 11 | eff. 7-16-14.)
| ||||||
| 12 | Section 310. The Service Occupation Tax Act is amended by | ||||||
| 13 | changing Sections 3-8 and 3-10 as follows:
| ||||||
| 14 | (35 ILCS 115/3-8) | ||||||
| 15 | Sec. 3-8. Hospital exemption. | ||||||
| 16 | (a) Tangible personal property sold to or used by a | ||||||
| 17 | hospital owner that owns one or more hospitals licensed under | ||||||
| 18 | the Hospital Licensing Act or operated under the University of | ||||||
| 19 | Illinois Hospital Act, or a hospital affiliate that is not | ||||||
| 20 | already exempt under another provision of this Act and meets | ||||||
| 21 | the criteria for an exemption under this Section, is exempt | ||||||
| 22 | from taxation under this Act. | ||||||
| 23 | (b) A hospital owner or hospital affiliate satisfies the | ||||||
| 24 | conditions for an exemption under this Section if the value of | ||||||
| |||||||
| |||||||
| 1 | qualified services or activities listed in subsection (c) of | ||||||
| 2 | this Section for the hospital year equals or exceeds the | ||||||
| 3 | relevant hospital entity's estimated property tax liability, | ||||||
| 4 | without regard to any property tax exemption granted under | ||||||
| 5 | Section 15-86 of the Property Tax Code, for the calendar year | ||||||
| 6 | in which exemption or renewal of exemption is sought. For | ||||||
| 7 | purposes of making the calculations required by this subsection | ||||||
| 8 | (b), if the relevant hospital entity is a hospital owner that | ||||||
| 9 | owns more than one hospital, the value of the services or | ||||||
| 10 | activities listed in subsection (c) shall be calculated on the | ||||||
| 11 | basis of only those services and activities relating to the | ||||||
| 12 | hospital that includes the subject property, and the relevant | ||||||
| 13 | hospital entity's estimated property tax liability shall be | ||||||
| 14 | calculated only with respect to the properties comprising that | ||||||
| 15 | hospital. In the case of a multi-state hospital system or | ||||||
| 16 | hospital affiliate, the value of the services or activities | ||||||
| 17 | listed in subsection (c) shall be calculated on the basis of | ||||||
| 18 | only those services and activities that occur in Illinois and | ||||||
| 19 | the relevant hospital entity's estimated property tax | ||||||
| 20 | liability shall be calculated only with respect to its property | ||||||
| 21 | located in Illinois. | ||||||
| 22 | (c) The following services and activities shall be | ||||||
| 23 | considered for purposes of making the calculations required by | ||||||
| 24 | subsection (b): | ||||||
| 25 | (1) Charity care. Free or discounted services provided | ||||||
| 26 | pursuant to the relevant hospital entity's financial | ||||||
| |||||||
| |||||||
| 1 | assistance policy, measured at cost, including discounts | ||||||
| 2 | provided under the Hospital Uninsured Patient Discount | ||||||
| 3 | Act. | ||||||
| 4 | (2) Health services to low-income and underserved | ||||||
| 5 | individuals. Other unreimbursed costs of the relevant | ||||||
| 6 | hospital entity for providing without charge, paying for, | ||||||
| 7 | or subsidizing goods, activities, or services for the | ||||||
| 8 | purpose of addressing the health of low-income or | ||||||
| 9 | underserved individuals. Those activities or services may | ||||||
| 10 | include, but are not limited to: financial or in-kind | ||||||
| 11 | support to affiliated or unaffiliated hospitals, hospital | ||||||
| 12 | affiliates, community clinics, or programs that treat | ||||||
| 13 | low-income or underserved individuals; paying for or | ||||||
| 14 | subsidizing health care professionals who care for | ||||||
| 15 | low-income or underserved individuals; providing or | ||||||
| 16 | subsidizing outreach or educational services to low-income | ||||||
| 17 | or underserved individuals for disease management and | ||||||
| 18 | prevention; free or subsidized goods, supplies, or | ||||||
| 19 | services needed by low-income or underserved individuals | ||||||
| 20 | because of their medical condition; and prenatal or | ||||||
| 21 | childbirth outreach to low-income or underserved persons. | ||||||
| 22 | (3) Subsidy of State or local governments. Direct or | ||||||
| 23 | indirect financial or in-kind subsidies of State or local | ||||||
| 24 | governments by the relevant hospital entity that pay for or | ||||||
| 25 | subsidize activities or programs related to health care for | ||||||
| 26 | low-income or underserved individuals. | ||||||
| |||||||
| |||||||
| 1 | (4) Support for State health care programs for | ||||||
| 2 | low-income individuals. At the election of the hospital | ||||||
| 3 | applicant for each applicable year, either (A) 10% of | ||||||
| 4 | payments to the relevant hospital entity and any hospital | ||||||
| 5 | affiliate designated by the relevant hospital entity | ||||||
| 6 | (provided that such hospital affiliate's operations | ||||||
| 7 | provide financial or operational support for or receive | ||||||
| 8 | financial or operational support from the relevant | ||||||
| 9 | hospital entity) under Medicaid or other means-tested | ||||||
| 10 | programs, including, but not limited to, General | ||||||
| 11 | Assistance, the Covering ALL KIDS Health Insurance Act, and | ||||||
| 12 | the State Children's Health Insurance Program or (B) the | ||||||
| 13 | amount of subsidy provided by the relevant hospital entity | ||||||
| 14 | and any hospital affiliate designated by the relevant | ||||||
| 15 | hospital entity (provided that such hospital affiliate's | ||||||
| 16 | operations provide financial or operational support for or | ||||||
| 17 | receive financial or operational support from the relevant | ||||||
| 18 | hospital entity) to State or local government in treating | ||||||
| 19 | Medicaid recipients and recipients of means-tested | ||||||
| 20 | programs, including but not limited to General Assistance, | ||||||
| 21 | the Covering ALL KIDS Health Insurance Act, and the State | ||||||
| 22 | Children's Health Insurance Program. The amount of subsidy | ||||||
| 23 | for purposes of this item (4) is calculated in the same | ||||||
| 24 | manner as unreimbursed costs are calculated for Medicaid | ||||||
| 25 | and other means-tested government programs in the Schedule | ||||||
| 26 | H of IRS Form 990 in effect on the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 97th General Assembly. | ||||||
| 2 | (5) Dual-eligible subsidy. The amount of subsidy | ||||||
| 3 | provided to government by treating dual-eligible | ||||||
| 4 | Medicare/Medicaid patients. The amount of subsidy for | ||||||
| 5 | purposes of this item (5) is calculated by multiplying the | ||||||
| 6 | relevant hospital entity's unreimbursed costs for | ||||||
| 7 | Medicare, calculated in the same manner as determined in | ||||||
| 8 | the Schedule H of IRS Form 990 in effect on the effective | ||||||
| 9 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 10 | by the relevant hospital entity's ratio of dual-eligible | ||||||
| 11 | patients to total Medicare patients. | ||||||
| 12 | (6) Relief of the burden of government related to | ||||||
| 13 | health care. Except to the extent otherwise taken into | ||||||
| 14 | account in this subsection, the portion of unreimbursed | ||||||
| 15 | costs of the relevant hospital entity attributable to | ||||||
| 16 | providing, paying for, or subsidizing goods, activities, | ||||||
| 17 | or services that relieve the burden of government related | ||||||
| 18 | to health care for low-income individuals. Such activities | ||||||
| 19 | or services shall include, but are not limited to, | ||||||
| 20 | providing emergency, trauma, burn, neonatal, psychiatric, | ||||||
| 21 | rehabilitation, or other special services; providing | ||||||
| 22 | medical education; and conducting medical research or | ||||||
| 23 | training of health care professionals. The portion of those | ||||||
| 24 | unreimbursed costs attributable to benefiting low-income | ||||||
| 25 | individuals shall be determined using the ratio calculated | ||||||
| 26 | by adding the relevant hospital entity's costs | ||||||
| |||||||
| |||||||
| 1 | attributable to charity care, Medicaid, other means-tested | ||||||
| 2 | government programs, Medicare patients with disabilities | ||||||
| 3 | disabled Medicare patients under age 65, and dual-eligible | ||||||
| 4 | Medicare/Medicaid patients and dividing that total by the | ||||||
| 5 | relevant hospital entity's total costs. Such costs for the | ||||||
| 6 | numerator and denominator shall be determined by | ||||||
| 7 | multiplying gross charges by the cost to charge ratio taken | ||||||
| 8 | from the hospital's most recently filed Medicare cost | ||||||
| 9 | report (CMS 2252-10 Worksheet, Part I). In the case of | ||||||
| 10 | emergency services, the ratio shall be calculated using | ||||||
| 11 | costs (gross charges multiplied by the cost to charge ratio | ||||||
| 12 | taken from the hospital's most recently filed Medicare cost | ||||||
| 13 | report (CMS 2252-10 Worksheet, Part I)) of patients treated | ||||||
| 14 | in the relevant hospital entity's emergency department. | ||||||
| 15 | (7) Any other activity by the relevant hospital entity | ||||||
| 16 | that the Department determines relieves the burden of | ||||||
| 17 | government or addresses the health of low-income or | ||||||
| 18 | underserved individuals. | ||||||
| 19 | (d) The hospital applicant shall include information in its | ||||||
| 20 | exemption application establishing that it satisfies the | ||||||
| 21 | requirements of subsection (b). For purposes of making the | ||||||
| 22 | calculations required by subsection (b), the hospital | ||||||
| 23 | applicant may for each year elect to use either (1) the value | ||||||
| 24 | of the services or activities listed in subsection (e) for the | ||||||
| 25 | hospital year or (2) the average value of those services or | ||||||
| 26 | activities for the 3 fiscal years ending with the hospital | ||||||
| |||||||
| |||||||
| 1 | year. If the relevant hospital entity has been in operation for | ||||||
| 2 | less than 3 completed fiscal years, then the latter | ||||||
| 3 | calculation, if elected, shall be performed on a pro rata | ||||||
| 4 | basis. | ||||||
| 5 | (e) For purposes of making the calculations required by | ||||||
| 6 | this Section: | ||||||
| 7 | (1) particular services or activities eligible for | ||||||
| 8 | consideration under any of the paragraphs (1) through (7) | ||||||
| 9 | of subsection (c) may not be counted under more than one of | ||||||
| 10 | those paragraphs; and | ||||||
| 11 | (2) the amount of unreimbursed costs and the amount of | ||||||
| 12 | subsidy shall not be reduced by restricted or unrestricted | ||||||
| 13 | payments received by the relevant hospital entity as | ||||||
| 14 | contributions deductible under Section 170(a) of the | ||||||
| 15 | Internal Revenue Code. | ||||||
| 16 | (f) (Blank). | ||||||
| 17 | (g) Estimation of Exempt Property Tax Liability. The | ||||||
| 18 | estimated property tax liability used for the determination in | ||||||
| 19 | subsection (b) shall be calculated as follows: | ||||||
| 20 | (1) "Estimated property tax liability" means the | ||||||
| 21 | estimated dollar amount of property tax that would be owed, | ||||||
| 22 | with respect to the exempt portion of each of the relevant | ||||||
| 23 | hospital entity's properties that are already fully or | ||||||
| 24 | partially exempt, or for which an exemption in whole or in | ||||||
| 25 | part is currently being sought, and then aggregated as | ||||||
| 26 | applicable, as if the exempt portion of those properties | ||||||
| |||||||
| |||||||
| 1 | were subject to tax, calculated with respect to each such | ||||||
| 2 | property by multiplying: | ||||||
| 3 | (A) the lesser of (i) the actual assessed value, if | ||||||
| 4 | any, of the portion of the property for which an | ||||||
| 5 | exemption is sought or (ii) an estimated assessed value | ||||||
| 6 | of the exempt portion of such property as determined in | ||||||
| 7 | item (2) of this subsection (g), by | ||||||
| 8 | (B) the applicable State equalization rate | ||||||
| 9 | (yielding the equalized assessed value), by | ||||||
| 10 | (C) the applicable tax rate. | ||||||
| 11 | (2) The estimated assessed value of the exempt portion | ||||||
| 12 | of the property equals the sum of (i) the estimated fair | ||||||
| 13 | market value of buildings on the property, as determined in | ||||||
| 14 | accordance with subparagraphs (A) and (B) of this item (2), | ||||||
| 15 | multiplied by the applicable assessment factor, and (ii) | ||||||
| 16 | the estimated assessed value of the land portion of the | ||||||
| 17 | property, as determined in accordance with subparagraph | ||||||
| 18 | (C). | ||||||
| 19 | (A) The "estimated fair market value of buildings | ||||||
| 20 | on the property" means the replacement value of any | ||||||
| 21 | exempt portion of buildings on the property, minus | ||||||
| 22 | depreciation, determined utilizing the cost | ||||||
| 23 | replacement method whereby the exempt square footage | ||||||
| 24 | of all such buildings is multiplied by the replacement | ||||||
| 25 | cost per square foot for Class A Average building found | ||||||
| 26 | in the most recent edition of the Marshall & Swift | ||||||
| |||||||
| |||||||
| 1 | Valuation Services Manual, adjusted by any appropriate | ||||||
| 2 | current cost and local multipliers. | ||||||
| 3 | (B) Depreciation, for purposes of calculating the | ||||||
| 4 | estimated fair market value of buildings on the | ||||||
| 5 | property, is applied by utilizing a weighted mean life | ||||||
| 6 | for the buildings based on original construction and | ||||||
| 7 | assuming a 40-year life for hospital buildings and the | ||||||
| 8 | applicable life for other types of buildings as | ||||||
| 9 | specified in the American Hospital Association | ||||||
| 10 | publication "Estimated Useful Lives of Depreciable | ||||||
| 11 | Hospital Assets". In the case of hospital buildings, | ||||||
| 12 | the remaining life is divided by 40 and this ratio is | ||||||
| 13 | multiplied by the replacement cost of the buildings to | ||||||
| 14 | obtain an estimated fair market value of buildings. If | ||||||
| 15 | a hospital building is older than 35 years, a remaining | ||||||
| 16 | life of 5 years for residual value is assumed; and if a | ||||||
| 17 | building is less than 8 years old, a remaining life of | ||||||
| 18 | 32 years is assumed. | ||||||
| 19 | (C) The estimated assessed value of the land | ||||||
| 20 | portion of the property shall be determined by | ||||||
| 21 | multiplying (i) the per square foot average of the | ||||||
| 22 | assessed values of three parcels of land (not including | ||||||
| 23 | farm land, and excluding the assessed value of the | ||||||
| 24 | improvements thereon) reasonably comparable to the | ||||||
| 25 | property, by (ii) the number of square feet comprising | ||||||
| 26 | the exempt portion of the property's land square | ||||||
| |||||||
| |||||||
| 1 | footage. | ||||||
| 2 | (3) The assessment factor, State equalization rate, | ||||||
| 3 | and tax rate (including any special factors such as | ||||||
| 4 | Enterprise Zones) used in calculating the estimated | ||||||
| 5 | property tax liability shall be for the most recent year | ||||||
| 6 | that is publicly available from the applicable chief county | ||||||
| 7 | assessment officer or officers at least 90 days before the | ||||||
| 8 | end of the hospital year. | ||||||
| 9 | (4) The method utilized to calculate estimated | ||||||
| 10 | property tax liability for purposes of this Section 15-86 | ||||||
| 11 | shall not be utilized for the actual valuation, assessment, | ||||||
| 12 | or taxation of property pursuant to the Property Tax Code. | ||||||
| 13 | (h) For the purpose of this Section, the following terms | ||||||
| 14 | shall have the meanings set forth below: | ||||||
| 15 | (1) "Hospital" means any institution, place, building, | ||||||
| 16 | buildings on a campus, or other health care facility | ||||||
| 17 | located in Illinois that is licensed under the Hospital | ||||||
| 18 | Licensing Act and has a hospital owner. | ||||||
| 19 | (2) "Hospital owner" means a not-for-profit | ||||||
| 20 | corporation that is the titleholder of a hospital, or the | ||||||
| 21 | owner of the beneficial interest in an Illinois land trust | ||||||
| 22 | that is the titleholder of a hospital. | ||||||
| 23 | (3) "Hospital affiliate" means any corporation, | ||||||
| 24 | partnership, limited partnership, joint venture, limited | ||||||
| 25 | liability company, association or other organization, | ||||||
| 26 | other than a hospital owner, that directly or indirectly | ||||||
| |||||||
| |||||||
| 1 | controls, is controlled by, or is under common control with | ||||||
| 2 | one or more hospital owners and that supports, is supported | ||||||
| 3 | by, or acts in furtherance of the exempt health care | ||||||
| 4 | purposes of at least one of those hospital owners' | ||||||
| 5 | hospitals. | ||||||
| 6 | (4) "Hospital system" means a hospital and one or more | ||||||
| 7 | other hospitals or hospital affiliates related by common | ||||||
| 8 | control or ownership. | ||||||
| 9 | (5) "Control" relating to hospital owners, hospital | ||||||
| 10 | affiliates, or hospital systems means possession, direct | ||||||
| 11 | or indirect, of the power to direct or cause the direction | ||||||
| 12 | of the management and policies of the entity, whether | ||||||
| 13 | through ownership of assets, membership interest, other | ||||||
| 14 | voting or governance rights, by contract or otherwise. | ||||||
| 15 | (6) "Hospital applicant" means a hospital owner or | ||||||
| 16 | hospital affiliate that files an application for an | ||||||
| 17 | exemption or renewal of exemption under this Section. | ||||||
| 18 | (7) "Relevant hospital entity" means (A) the hospital | ||||||
| 19 | owner, in the case of a hospital applicant that is a | ||||||
| 20 | hospital owner, and (B) at the election of a hospital | ||||||
| 21 | applicant that is a hospital affiliate, either (i) the | ||||||
| 22 | hospital affiliate or (ii) the hospital system to which the | ||||||
| 23 | hospital applicant belongs, including any hospitals or | ||||||
| 24 | hospital affiliates that are related by common control or | ||||||
| 25 | ownership. | ||||||
| 26 | (8) "Subject property" means property used for the | ||||||
| |||||||
| |||||||
| 1 | calculation under subsection (b) of this Section. | ||||||
| 2 | (9) "Hospital year" means the fiscal year of the | ||||||
| 3 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 4 | hospital owners in the hospital system if the relevant | ||||||
| 5 | hospital entity is a hospital system with members with | ||||||
| 6 | different fiscal years, that ends in the year for which the | ||||||
| 7 | exemption is sought.
| ||||||
| 8 | (Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
| ||||||
| 9 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
| 10 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 11 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 12 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
| 13 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
| 14 | computing this tax, in no event
shall the "selling price" be | ||||||
| 15 | less than the cost price to the serviceman of
the tangible | ||||||
| 16 | personal property transferred. The selling price of each item
| ||||||
| 17 | of tangible personal property transferred as an incident of a | ||||||
| 18 | sale of
service may be shown as a distinct and separate item on | ||||||
| 19 | the serviceman's
billing to the service customer. If the | ||||||
| 20 | selling price is not so shown, the
selling price of the | ||||||
| 21 | tangible personal property is deemed to be 50% of the
| ||||||
| 22 | serviceman's entire billing to the service customer. When, | ||||||
| 23 | however, a
serviceman contracts to design, develop, and produce | ||||||
| 24 | special order machinery or
equipment, the tax imposed by this | ||||||
| 25 | Act shall be based on the serviceman's
cost price of the | ||||||
| |||||||
| |||||||
| 1 | tangible personal property transferred incident to the
| ||||||
| 2 | completion of the contract.
| ||||||
| 3 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 4 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 5 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 6 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 7 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 8 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
| 9 | price of property
transferred as
an incident to the sale of | ||||||
| 10 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
| 11 | (ii) 80% of the selling price of property transferred as an
| ||||||
| 12 | incident to the sale of service on or after July
1, 2003 and on | ||||||
| 13 | or before December 31, 2018, and (iii) 100%
of
the cost price
| ||||||
| 14 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 15 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 16 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 17 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 18 | With respect to majority blended ethanol fuel, as defined | ||||||
| 19 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 20 | to the selling price of property transferred
as an incident to | ||||||
| 21 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 22 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 23 | thereafter.
| ||||||
| 24 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 25 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 26 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| |||||||
| |||||||
| 1 | of property transferred as an incident
to the sale of service | ||||||
| 2 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 3 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 4 | at any time, however, the tax under this Act on sales of | ||||||
| 5 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 6 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 7 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 8 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 9 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 10 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 11 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 12 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
| 13 | imposed by this
Act
does not apply to the proceeds of the | ||||||
| 14 | selling price of property transferred
as an incident to the | ||||||
| 15 | sale of service on or after July 1, 2003 and on or before
| ||||||
| 16 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 17 | thereafter.
| ||||||
| 18 | At the election of any registered serviceman made for each | ||||||
| 19 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 20 | cost price of tangible
personal property transferred as an | ||||||
| 21 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 22 | the case of servicemen transferring prescription
drugs or | ||||||
| 23 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 24 | annual total gross receipts from all sales of service, the tax | ||||||
| 25 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 26 | price of the tangible
personal property transferred incident to | ||||||
| |||||||
| |||||||
| 1 | the sale of those services.
| ||||||
| 2 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 3 | for
immediate consumption and transferred incident to a sale of | ||||||
| 4 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 5 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 6 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 7 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 8 | Child Care Act of 1969. The tax shall
also be imposed at the | ||||||
| 9 | rate of 1% on food for human consumption that is
to be consumed | ||||||
| 10 | off the
premises where it is sold (other than alcoholic | ||||||
| 11 | beverages, soft drinks, and
food that has been prepared for | ||||||
| 12 | immediate consumption and is not
otherwise included in this | ||||||
| 13 | paragraph) and prescription and
nonprescription medicines, | ||||||
| 14 | drugs, medical appliances, modifications to a motor
vehicle for | ||||||
| 15 | the purpose of rendering it usable by a person with a | ||||||
| 16 | disability disabled person, and
insulin, urine testing | ||||||
| 17 | materials, syringes, and needles used by diabetics, for
human | ||||||
| 18 | use. For the purposes of this Section, until September 1, 2009: | ||||||
| 19 | the term "soft drinks" means any
complete, finished, | ||||||
| 20 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
| 21 | including but not limited to soda water, cola, fruit juice, | ||||||
| 22 | vegetable
juice, carbonated water, and all other preparations | ||||||
| 23 | commonly known as soft
drinks of whatever kind or description | ||||||
| 24 | that are contained in any closed or
sealed can, carton, or | ||||||
| 25 | container, regardless of size; but "soft drinks" does not
| ||||||
| 26 | include coffee, tea, non-carbonated water, infant formula, | ||||||
| |||||||
| |||||||
| 1 | milk or milk
products as defined in the Grade A Pasteurized | ||||||
| 2 | Milk and Milk Products Act, or
drinks containing 50% or more | ||||||
| 3 | natural fruit or vegetable juice.
| ||||||
| 4 | Notwithstanding any other provisions of this
Act, | ||||||
| 5 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 6 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 7 | drinks" do not include beverages that contain milk or milk | ||||||
| 8 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 9 | than 50% of vegetable or fruit juice by volume. | ||||||
| 10 | Until August 1, 2009, and notwithstanding any other | ||||||
| 11 | provisions of this Act, "food for human consumption
that is to | ||||||
| 12 | be consumed off the premises where it is sold" includes all | ||||||
| 13 | food
sold through a vending machine, except soft drinks and | ||||||
| 14 | food products that are
dispensed hot from a vending machine, | ||||||
| 15 | regardless of the location of the vending
machine. Beginning | ||||||
| 16 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 17 | this Act, "food for human consumption that is to be consumed | ||||||
| 18 | off the premises where it is sold" includes all food sold | ||||||
| 19 | through a vending machine, except soft drinks, candy, and food | ||||||
| 20 | products that are dispensed hot from a vending machine, | ||||||
| 21 | regardless of the location of the vending machine.
| ||||||
| 22 | Notwithstanding any other provisions of this
Act, | ||||||
| 23 | beginning September 1, 2009, "food for human consumption that | ||||||
| 24 | is to be consumed off the premises where
it is sold" does not | ||||||
| 25 | include candy. For purposes of this Section, "candy" means a | ||||||
| 26 | preparation of sugar, honey, or other natural or artificial | ||||||
| |||||||
| |||||||
| 1 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 2 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 3 | pieces. "Candy" does not include any preparation that contains | ||||||
| 4 | flour or requires refrigeration. | ||||||
| 5 | Notwithstanding any other provisions of this
Act, | ||||||
| 6 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 7 | drugs" does not include grooming and hygiene products. For | ||||||
| 8 | purposes of this Section, "grooming and hygiene products" | ||||||
| 9 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 10 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 11 | lotions and screens, unless those products are available by | ||||||
| 12 | prescription only, regardless of whether the products meet the | ||||||
| 13 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 14 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 15 | use that contains a label that identifies the product as a drug | ||||||
| 16 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 17 | label includes: | ||||||
| 18 | (A) A "Drug Facts" panel; or | ||||||
| 19 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 20 | list of those ingredients contained in the compound, | ||||||
| 21 | substance or preparation. | ||||||
| 22 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 23 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 24 | drugs" includes medical cannabis purchased from a registered | ||||||
| 25 | dispensing organization under the Compassionate Use of Medical | ||||||
| 26 | Cannabis Pilot Program Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, | ||||||
| 2 | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756, | ||||||
| 3 | eff. 7-16-14.)
| ||||||
| 4 | Section 315. The Retailers' Occupation Tax Act is amended | ||||||
| 5 | by changing Sections 2-9 and 2-10 as follows:
| ||||||
| 6 | (35 ILCS 120/2-9) | ||||||
| 7 | Sec. 2-9. Hospital exemption. | ||||||
| 8 | (a) Tangible personal property sold to or used by a | ||||||
| 9 | hospital owner that owns one or more hospitals licensed under | ||||||
| 10 | the Hospital Licensing Act or operated under the University of | ||||||
| 11 | Illinois Hospital Act, or a hospital affiliate that is not | ||||||
| 12 | already exempt under another provision of this Act and meets | ||||||
| 13 | the criteria for an exemption under this Section, is exempt | ||||||
| 14 | from taxation under this Act. | ||||||
| 15 | (b) A hospital owner or hospital affiliate satisfies the | ||||||
| 16 | conditions for an exemption under this Section if the value of | ||||||
| 17 | qualified services or activities listed in subsection (c) of | ||||||
| 18 | this Section for the hospital year equals or exceeds the | ||||||
| 19 | relevant hospital entity's estimated property tax liability, | ||||||
| 20 | without regard to any property tax exemption granted under | ||||||
| 21 | Section 15-86 of the Property Tax Code, for the calendar year | ||||||
| 22 | in which exemption or renewal of exemption is sought. For | ||||||
| 23 | purposes of making the calculations required by this subsection | ||||||
| 24 | (b), if the relevant hospital entity is a hospital owner that | ||||||
| |||||||
| |||||||
| 1 | owns more than one hospital, the value of the services or | ||||||
| 2 | activities listed in subsection (c) shall be calculated on the | ||||||
| 3 | basis of only those services and activities relating to the | ||||||
| 4 | hospital that includes the subject property, and the relevant | ||||||
| 5 | hospital entity's estimated property tax liability shall be | ||||||
| 6 | calculated only with respect to the properties comprising that | ||||||
| 7 | hospital. In the case of a multi-state hospital system or | ||||||
| 8 | hospital affiliate, the value of the services or activities | ||||||
| 9 | listed in subsection (c) shall be calculated on the basis of | ||||||
| 10 | only those services and activities that occur in Illinois and | ||||||
| 11 | the relevant hospital entity's estimated property tax | ||||||
| 12 | liability shall be calculated only with respect to its property | ||||||
| 13 | located in Illinois. | ||||||
| 14 | (c) The following services and activities shall be | ||||||
| 15 | considered for purposes of making the calculations required by | ||||||
| 16 | subsection (b): | ||||||
| 17 | (1) Charity care. Free or discounted services provided | ||||||
| 18 | pursuant to the relevant hospital entity's financial | ||||||
| 19 | assistance policy, measured at cost, including discounts | ||||||
| 20 | provided under the Hospital Uninsured Patient Discount | ||||||
| 21 | Act. | ||||||
| 22 | (2) Health services to low-income and underserved | ||||||
| 23 | individuals. Other unreimbursed costs of the relevant | ||||||
| 24 | hospital entity for providing without charge, paying for, | ||||||
| 25 | or subsidizing goods, activities, or services for the | ||||||
| 26 | purpose of addressing the health of low-income or | ||||||
| |||||||
| |||||||
| 1 | underserved individuals. Those activities or services may | ||||||
| 2 | include, but are not limited to: financial or in-kind | ||||||
| 3 | support to affiliated or unaffiliated hospitals, hospital | ||||||
| 4 | affiliates, community clinics, or programs that treat | ||||||
| 5 | low-income or underserved individuals; paying for or | ||||||
| 6 | subsidizing health care professionals who care for | ||||||
| 7 | low-income or underserved individuals; providing or | ||||||
| 8 | subsidizing outreach or educational services to low-income | ||||||
| 9 | or underserved individuals for disease management and | ||||||
| 10 | prevention; free or subsidized goods, supplies, or | ||||||
| 11 | services needed by low-income or underserved individuals | ||||||
| 12 | because of their medical condition; and prenatal or | ||||||
| 13 | childbirth outreach to low-income or underserved persons. | ||||||
| 14 | (3) Subsidy of State or local governments. Direct or | ||||||
| 15 | indirect financial or in-kind subsidies of State or local | ||||||
| 16 | governments by the relevant hospital entity that pay for or | ||||||
| 17 | subsidize activities or programs related to health care for | ||||||
| 18 | low-income or underserved individuals. | ||||||
| 19 | (4) Support for State health care programs for | ||||||
| 20 | low-income individuals. At the election of the hospital | ||||||
| 21 | applicant for each applicable year, either (A) 10% of | ||||||
| 22 | payments to the relevant hospital entity and any hospital | ||||||
| 23 | affiliate designated by the relevant hospital entity | ||||||
| 24 | (provided that such hospital affiliate's operations | ||||||
| 25 | provide financial or operational support for or receive | ||||||
| 26 | financial or operational support from the relevant | ||||||
| |||||||
| |||||||
| 1 | hospital entity) under Medicaid or other means-tested | ||||||
| 2 | programs, including, but not limited to, General | ||||||
| 3 | Assistance, the Covering ALL KIDS Health Insurance Act, and | ||||||
| 4 | the State Children's Health Insurance Program or (B) the | ||||||
| 5 | amount of subsidy provided by the relevant hospital entity | ||||||
| 6 | and any hospital affiliate designated by the relevant | ||||||
| 7 | hospital entity (provided that such hospital affiliate's | ||||||
| 8 | operations provide financial or operational support for or | ||||||
| 9 | receive financial or operational support from the relevant | ||||||
| 10 | hospital entity) to State or local government in treating | ||||||
| 11 | Medicaid recipients and recipients of means-tested | ||||||
| 12 | programs, including but not limited to General Assistance, | ||||||
| 13 | the Covering ALL KIDS Health Insurance Act, and the State | ||||||
| 14 | Children's Health Insurance Program. The amount of subsidy | ||||||
| 15 | for purposes of this item (4) is calculated in the same | ||||||
| 16 | manner as unreimbursed costs are calculated for Medicaid | ||||||
| 17 | and other means-tested government programs in the Schedule | ||||||
| 18 | H of IRS Form 990 in effect on the effective date of this | ||||||
| 19 | amendatory Act of the 97th General Assembly. | ||||||
| 20 | (5) Dual-eligible subsidy. The amount of subsidy | ||||||
| 21 | provided to government by treating dual-eligible | ||||||
| 22 | Medicare/Medicaid patients. The amount of subsidy for | ||||||
| 23 | purposes of this item (5) is calculated by multiplying the | ||||||
| 24 | relevant hospital entity's unreimbursed costs for | ||||||
| 25 | Medicare, calculated in the same manner as determined in | ||||||
| 26 | the Schedule H of IRS Form 990 in effect on the effective | ||||||
| |||||||
| |||||||
| 1 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 2 | by the relevant hospital entity's ratio of dual-eligible | ||||||
| 3 | patients to total Medicare patients. | ||||||
| 4 | (6) Relief of the burden of government related to | ||||||
| 5 | health care. Except to the extent otherwise taken into | ||||||
| 6 | account in this subsection, the portion of unreimbursed | ||||||
| 7 | costs of the relevant hospital entity attributable to | ||||||
| 8 | providing, paying for, or subsidizing goods, activities, | ||||||
| 9 | or services that relieve the burden of government related | ||||||
| 10 | to health care for low-income individuals. Such activities | ||||||
| 11 | or services shall include, but are not limited to, | ||||||
| 12 | providing emergency, trauma, burn, neonatal, psychiatric, | ||||||
| 13 | rehabilitation, or other special services; providing | ||||||
| 14 | medical education; and conducting medical research or | ||||||
| 15 | training of health care professionals. The portion of those | ||||||
| 16 | unreimbursed costs attributable to benefiting low-income | ||||||
| 17 | individuals shall be determined using the ratio calculated | ||||||
| 18 | by adding the relevant hospital entity's costs | ||||||
| 19 | attributable to charity care, Medicaid, other means-tested | ||||||
| 20 | government programs, Medicare patients with disabilities | ||||||
| 21 | disabled Medicare patients under age 65, and dual-eligible | ||||||
| 22 | Medicare/Medicaid patients and dividing that total by the | ||||||
| 23 | relevant hospital entity's total costs. Such costs for the | ||||||
| 24 | numerator and denominator shall be determined by | ||||||
| 25 | multiplying gross charges by the cost to charge ratio taken | ||||||
| 26 | from the hospital's most recently filed Medicare cost | ||||||
| |||||||
| |||||||
| 1 | report (CMS 2252-10 Worksheet, Part I). In the case of | ||||||
| 2 | emergency services, the ratio shall be calculated using | ||||||
| 3 | costs (gross charges multiplied by the cost to charge ratio | ||||||
| 4 | taken from the hospital's most recently filed Medicare cost | ||||||
| 5 | report (CMS 2252-10 Worksheet, Part I)) of patients treated | ||||||
| 6 | in the relevant hospital entity's emergency department. | ||||||
| 7 | (7) Any other activity by the relevant hospital entity | ||||||
| 8 | that the Department determines relieves the burden of | ||||||
| 9 | government or addresses the health of low-income or | ||||||
| 10 | underserved individuals. | ||||||
| 11 | (d) The hospital applicant shall include information in its | ||||||
| 12 | exemption application establishing that it satisfies the | ||||||
| 13 | requirements of subsection (b). For purposes of making the | ||||||
| 14 | calculations required by subsection (b), the hospital | ||||||
| 15 | applicant may for each year elect to use either (1) the value | ||||||
| 16 | of the services or activities listed in subsection (e) for the | ||||||
| 17 | hospital year or (2) the average value of those services or | ||||||
| 18 | activities for the 3 fiscal years ending with the hospital | ||||||
| 19 | year. If the relevant hospital entity has been in operation for | ||||||
| 20 | less than 3 completed fiscal years, then the latter | ||||||
| 21 | calculation, if elected, shall be performed on a pro rata | ||||||
| 22 | basis. | ||||||
| 23 | (e) For purposes of making the calculations required by | ||||||
| 24 | this Section: | ||||||
| 25 | (1) particular services or activities eligible for | ||||||
| 26 | consideration under any of the paragraphs (1) through (7) | ||||||
| |||||||
| |||||||
| 1 | of subsection (c) may not be counted under more than one of | ||||||
| 2 | those paragraphs; and | ||||||
| 3 | (2) the amount of unreimbursed costs and the amount of | ||||||
| 4 | subsidy shall not be reduced by restricted or unrestricted | ||||||
| 5 | payments received by the relevant hospital entity as | ||||||
| 6 | contributions deductible under Section 170(a) of the | ||||||
| 7 | Internal Revenue Code. | ||||||
| 8 | (f) (Blank). | ||||||
| 9 | (g) Estimation of Exempt Property Tax Liability. The | ||||||
| 10 | estimated property tax liability used for the determination in | ||||||
| 11 | subsection (b) shall be calculated as follows: | ||||||
| 12 | (1) "Estimated property tax liability" means the | ||||||
| 13 | estimated dollar amount of property tax that would be owed, | ||||||
| 14 | with respect to the exempt portion of each of the relevant | ||||||
| 15 | hospital entity's properties that are already fully or | ||||||
| 16 | partially exempt, or for which an exemption in whole or in | ||||||
| 17 | part is currently being sought, and then aggregated as | ||||||
| 18 | applicable, as if the exempt portion of those properties | ||||||
| 19 | were subject to tax, calculated with respect to each such | ||||||
| 20 | property by multiplying: | ||||||
| 21 | (A) the lesser of (i) the actual assessed value, if | ||||||
| 22 | any, of the portion of the property for which an | ||||||
| 23 | exemption is sought or (ii) an estimated assessed value | ||||||
| 24 | of the exempt portion of such property as determined in | ||||||
| 25 | item (2) of this subsection (g), by | ||||||
| 26 | (B) the applicable State equalization rate | ||||||
| |||||||
| |||||||
| 1 | (yielding the equalized assessed value), by | ||||||
| 2 | (C) the applicable tax rate. | ||||||
| 3 | (2) The estimated assessed value of the exempt portion | ||||||
| 4 | of the property equals the sum of (i) the estimated fair | ||||||
| 5 | market value of buildings on the property, as determined in | ||||||
| 6 | accordance with subparagraphs (A) and (B) of this item (2), | ||||||
| 7 | multiplied by the applicable assessment factor, and (ii) | ||||||
| 8 | the estimated assessed value of the land portion of the | ||||||
| 9 | property, as determined in accordance with subparagraph | ||||||
| 10 | (C). | ||||||
| 11 | (A) The "estimated fair market value of buildings | ||||||
| 12 | on the property" means the replacement value of any | ||||||
| 13 | exempt portion of buildings on the property, minus | ||||||
| 14 | depreciation, determined utilizing the cost | ||||||
| 15 | replacement method whereby the exempt square footage | ||||||
| 16 | of all such buildings is multiplied by the replacement | ||||||
| 17 | cost per square foot for Class A Average building found | ||||||
| 18 | in the most recent edition of the Marshall & Swift | ||||||
| 19 | Valuation Services Manual, adjusted by any appropriate | ||||||
| 20 | current cost and local multipliers. | ||||||
| 21 | (B) Depreciation, for purposes of calculating the | ||||||
| 22 | estimated fair market value of buildings on the | ||||||
| 23 | property, is applied by utilizing a weighted mean life | ||||||
| 24 | for the buildings based on original construction and | ||||||
| 25 | assuming a 40-year life for hospital buildings and the | ||||||
| 26 | applicable life for other types of buildings as | ||||||
| |||||||
| |||||||
| 1 | specified in the American Hospital Association | ||||||
| 2 | publication "Estimated Useful Lives of Depreciable | ||||||
| 3 | Hospital Assets". In the case of hospital buildings, | ||||||
| 4 | the remaining life is divided by 40 and this ratio is | ||||||
| 5 | multiplied by the replacement cost of the buildings to | ||||||
| 6 | obtain an estimated fair market value of buildings. If | ||||||
| 7 | a hospital building is older than 35 years, a remaining | ||||||
| 8 | life of 5 years for residual value is assumed; and if a | ||||||
| 9 | building is less than 8 years old, a remaining life of | ||||||
| 10 | 32 years is assumed. | ||||||
| 11 | (C) The estimated assessed value of the land | ||||||
| 12 | portion of the property shall be determined by | ||||||
| 13 | multiplying (i) the per square foot average of the | ||||||
| 14 | assessed values of three parcels of land (not including | ||||||
| 15 | farm land, and excluding the assessed value of the | ||||||
| 16 | improvements thereon) reasonably comparable to the | ||||||
| 17 | property, by (ii) the number of square feet comprising | ||||||
| 18 | the exempt portion of the property's land square | ||||||
| 19 | footage. | ||||||
| 20 | (3) The assessment factor, State equalization rate, | ||||||
| 21 | and tax rate (including any special factors such as | ||||||
| 22 | Enterprise Zones) used in calculating the estimated | ||||||
| 23 | property tax liability shall be for the most recent year | ||||||
| 24 | that is publicly available from the applicable chief county | ||||||
| 25 | assessment officer or officers at least 90 days before the | ||||||
| 26 | end of the hospital year. | ||||||
| |||||||
| |||||||
| 1 | (4) The method utilized to calculate estimated | ||||||
| 2 | property tax liability for purposes of this Section 15-86 | ||||||
| 3 | shall not be utilized for the actual valuation, assessment, | ||||||
| 4 | or taxation of property pursuant to the Property Tax Code. | ||||||
| 5 | (h) For the purpose of this Section, the following terms | ||||||
| 6 | shall have the meanings set forth below: | ||||||
| 7 | (1) "Hospital" means any institution, place, building, | ||||||
| 8 | buildings on a campus, or other health care facility | ||||||
| 9 | located in Illinois that is licensed under the Hospital | ||||||
| 10 | Licensing Act and has a hospital owner. | ||||||
| 11 | (2) "Hospital owner" means a not-for-profit | ||||||
| 12 | corporation that is the titleholder of a hospital, or the | ||||||
| 13 | owner of the beneficial interest in an Illinois land trust | ||||||
| 14 | that is the titleholder of a hospital. | ||||||
| 15 | (3) "Hospital affiliate" means any corporation, | ||||||
| 16 | partnership, limited partnership, joint venture, limited | ||||||
| 17 | liability company, association or other organization, | ||||||
| 18 | other than a hospital owner, that directly or indirectly | ||||||
| 19 | controls, is controlled by, or is under common control with | ||||||
| 20 | one or more hospital owners and that supports, is supported | ||||||
| 21 | by, or acts in furtherance of the exempt health care | ||||||
| 22 | purposes of at least one of those hospital owners' | ||||||
| 23 | hospitals. | ||||||
| 24 | (4) "Hospital system" means a hospital and one or more | ||||||
| 25 | other hospitals or hospital affiliates related by common | ||||||
| 26 | control or ownership. | ||||||
| |||||||
| |||||||
| 1 | (5) "Control" relating to hospital owners, hospital | ||||||
| 2 | affiliates, or hospital systems means possession, direct | ||||||
| 3 | or indirect, of the power to direct or cause the direction | ||||||
| 4 | of the management and policies of the entity, whether | ||||||
| 5 | through ownership of assets, membership interest, other | ||||||
| 6 | voting or governance rights, by contract or otherwise. | ||||||
| 7 | (6) "Hospital applicant" means a hospital owner or | ||||||
| 8 | hospital affiliate that files an application for an | ||||||
| 9 | exemption or renewal of exemption under this Section. | ||||||
| 10 | (7) "Relevant hospital entity" means (A) the hospital | ||||||
| 11 | owner, in the case of a hospital applicant that is a | ||||||
| 12 | hospital owner, and (B) at the election of a hospital | ||||||
| 13 | applicant that is a hospital affiliate, either (i) the | ||||||
| 14 | hospital affiliate or (ii) the hospital system to which the | ||||||
| 15 | hospital applicant belongs, including any hospitals or | ||||||
| 16 | hospital affiliates that are related by common control or | ||||||
| 17 | ownership. | ||||||
| 18 | (8) "Subject property" means property used for the | ||||||
| 19 | calculation under subsection (b) of this Section. | ||||||
| 20 | (9) "Hospital year" means the fiscal year of the | ||||||
| 21 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 22 | hospital owners in the hospital system if the relevant | ||||||
| 23 | hospital entity is a hospital system with members with | ||||||
| 24 | different fiscal years, that ends in the year for which the | ||||||
| 25 | exemption is sought.
| ||||||
| 26 | (Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 120/2-10)
| ||||||
| 2 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
| 3 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 4 | gross receipts
from sales of tangible personal property made in | ||||||
| 5 | the course of business.
| ||||||
| 6 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 7 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 8 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 9 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
| 10 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
| 11 | respect to sales tax holiday items as defined in Section 2-8 of | ||||||
| 12 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
| 13 | Within 14 days after the effective date of this amendatory | ||||||
| 14 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
| 15 | and gasohol shall cause the
following notice to be posted in a | ||||||
| 16 | prominently visible place on each retail
dispensing device that | ||||||
| 17 | is used to dispense motor
fuel or gasohol in the State of | ||||||
| 18 | Illinois: "As of July 1, 2000, the State of
Illinois has | ||||||
| 19 | eliminated the State's share of sales tax on motor fuel and
| ||||||
| 20 | gasohol through December 31, 2000. The price on this pump | ||||||
| 21 | should reflect the
elimination of the tax." The notice shall be | ||||||
| 22 | printed in bold print on a sign
that is no smaller than 4 | ||||||
| 23 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
| 24 | customers. Any retailer who fails to post or maintain a | ||||||
| 25 | required
sign through December 31, 2000 is guilty of a petty | ||||||
| |||||||
| |||||||
| 1 | offense for which the fine
shall be $500 per day per each | ||||||
| 2 | retail premises where a violation occurs.
| ||||||
| 3 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 4 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
| 5 | sales made on or after
January 1, 1990, and before July 1, | ||||||
| 6 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
| 7 | 1, 2003 and on or before December 31,
2018, and (iii) 100% of | ||||||
| 8 | the proceeds of sales
made thereafter.
If, at any time, | ||||||
| 9 | however, the tax under this Act on sales of gasohol, as
defined | ||||||
| 10 | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| ||||||
| 11 | tax imposed by this Act applies to 100% of the proceeds of | ||||||
| 12 | sales of gasohol
made during that time.
| ||||||
| 13 | With respect to majority blended ethanol fuel, as defined | ||||||
| 14 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 15 | to the proceeds of sales made on or after
July 1, 2003 and on or | ||||||
| 16 | before December 31, 2018 but applies to 100% of the
proceeds of | ||||||
| 17 | sales made thereafter.
| ||||||
| 18 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 19 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 20 | tax imposed by this Act
applies to (i) 80% of the proceeds of | ||||||
| 21 | sales made on or after July 1, 2003
and on or before December | ||||||
| 22 | 31, 2018 and (ii) 100% of the
proceeds of sales made | ||||||
| 23 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 24 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
| 25 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
| 26 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| |||||||
| |||||||
| 1 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
| 2 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
| 3 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 4 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 5 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
| 6 | by this Act
does not apply to the proceeds of sales made on or | ||||||
| 7 | after July 1, 2003
and on or before December 31, 2018 but | ||||||
| 8 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
| 9 | With respect to food for human consumption that is to be | ||||||
| 10 | consumed off the
premises where it is sold (other than | ||||||
| 11 | alcoholic beverages, soft drinks, and
food that has been | ||||||
| 12 | prepared for immediate consumption) and prescription and
| ||||||
| 13 | nonprescription medicines, drugs, medical appliances, | ||||||
| 14 | modifications to a motor
vehicle for the purpose of rendering | ||||||
| 15 | it usable by a person with a disability disabled person, and
| ||||||
| 16 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 17 | diabetics, for
human use, the tax is imposed at the rate of 1%. | ||||||
| 18 | For the purposes of this
Section, until September 1, 2009: the | ||||||
| 19 | term "soft drinks" means any complete, finished, ready-to-use,
| ||||||
| 20 | non-alcoholic drink, whether carbonated or not, including but | ||||||
| 21 | not limited to
soda water, cola, fruit juice, vegetable juice, | ||||||
| 22 | carbonated water, and all other
preparations commonly known as | ||||||
| 23 | soft drinks of whatever kind or description that
are contained | ||||||
| 24 | in any closed or sealed bottle, can, carton, or container,
| ||||||
| 25 | regardless of size; but "soft drinks" does not include coffee, | ||||||
| 26 | tea, non-carbonated
water, infant formula, milk or milk | ||||||
| |||||||
| |||||||
| 1 | products as defined in the Grade A
Pasteurized Milk and Milk | ||||||
| 2 | Products Act, or drinks containing 50% or more
natural fruit or | ||||||
| 3 | vegetable juice.
| ||||||
| 4 | Notwithstanding any other provisions of this
Act, | ||||||
| 5 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 6 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 7 | drinks" do not include beverages that contain milk or milk | ||||||
| 8 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 9 | than 50% of vegetable or fruit juice by volume. | ||||||
| 10 | Until August 1, 2009, and notwithstanding any other | ||||||
| 11 | provisions of this
Act, "food for human consumption that is to | ||||||
| 12 | be consumed off the premises where
it is sold" includes all | ||||||
| 13 | food sold through a vending machine, except soft
drinks and | ||||||
| 14 | food products that are dispensed hot from a vending machine,
| ||||||
| 15 | regardless of the location of the vending machine. Beginning | ||||||
| 16 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 17 | this Act, "food for human consumption that is to be consumed | ||||||
| 18 | off the premises where it is sold" includes all food sold | ||||||
| 19 | through a vending machine, except soft drinks, candy, and food | ||||||
| 20 | products that are dispensed hot from a vending machine, | ||||||
| 21 | regardless of the location of the vending machine.
| ||||||
| 22 | Notwithstanding any other provisions of this
Act, | ||||||
| 23 | beginning September 1, 2009, "food for human consumption that | ||||||
| 24 | is to be consumed off the premises where
it is sold" does not | ||||||
| 25 | include candy. For purposes of this Section, "candy" means a | ||||||
| 26 | preparation of sugar, honey, or other natural or artificial | ||||||
| |||||||
| |||||||
| 1 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 2 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 3 | pieces. "Candy" does not include any preparation that contains | ||||||
| 4 | flour or requires refrigeration. | ||||||
| 5 | Notwithstanding any other provisions of this
Act, | ||||||
| 6 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 7 | drugs" does not include grooming and hygiene products. For | ||||||
| 8 | purposes of this Section, "grooming and hygiene products" | ||||||
| 9 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 10 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 11 | lotions and screens, unless those products are available by | ||||||
| 12 | prescription only, regardless of whether the products meet the | ||||||
| 13 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 14 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 15 | use that contains a label that identifies the product as a drug | ||||||
| 16 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 17 | label includes: | ||||||
| 18 | (A) A "Drug Facts" panel; or | ||||||
| 19 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 20 | list of those ingredients contained in the compound, | ||||||
| 21 | substance or preparation.
| ||||||
| 22 | Beginning on the effective date of this amendatory Act of | ||||||
| 23 | the 98th General Assembly, "prescription and nonprescription | ||||||
| 24 | medicines and drugs" includes medical cannabis purchased from a | ||||||
| 25 | registered dispensing organization under the Compassionate Use | ||||||
| 26 | of Medical Cannabis Pilot Program Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
| ||||||
| 2 | Section 325. The Property Tax Code is amended by changing | ||||||
| 3 | Sections 9-275, 15-10, 15-86, 15-165, 15-168, 15-169, 15-172, | ||||||
| 4 | 15-175, 18-185, 20-15, and 21-27 as follows:
| ||||||
| 5 | (35 ILCS 200/9-275) | ||||||
| 6 | Sec. 9-275. Erroneous homestead exemptions. | ||||||
| 7 | (a) For purposes of this Section: | ||||||
| 8 | "Erroneous homestead exemption" means a homestead | ||||||
| 9 | exemption that was granted for real property in a taxable year | ||||||
| 10 | if the property was not eligible for that exemption in that | ||||||
| 11 | taxable year. If the taxpayer receives an erroneous homestead | ||||||
| 12 | exemption under a single Section of this Code for the same | ||||||
| 13 | property in multiple years, that exemption is considered a | ||||||
| 14 | single erroneous homestead exemption for purposes of this | ||||||
| 15 | Section. However, if the taxpayer receives erroneous homestead | ||||||
| 16 | exemptions under multiple Sections of this Code for the same | ||||||
| 17 | property, or if the taxpayer receives erroneous homestead | ||||||
| 18 | exemptions under the same Section of this Code for multiple | ||||||
| 19 | properties, then each of those exemptions is considered a | ||||||
| 20 | separate erroneous homestead exemption for purposes of this | ||||||
| 21 | Section. | ||||||
| 22 | "Homestead exemption" means an exemption under Section | ||||||
| 23 | 15-165 (veterans with disabilities disabled veterans), 15-167 | ||||||
| 24 | (returning veterans), 15-168 (persons with disabilities | ||||||
| |||||||
| |||||||
| 1 | disabled persons), 15-169 (standard homestead for veterans | ||||||
| 2 | with disabilities disabled veterans standard homestead), | ||||||
| 3 | 15-170 (senior citizens), 15-172 (senior citizens assessment | ||||||
| 4 | freeze), 15-175 (general homestead), 15-176 (alternative | ||||||
| 5 | general homestead), or 15-177 (long-time occupant). | ||||||
| 6 | "Erroneous exemption principal amount" means the total | ||||||
| 7 | difference between the property taxes actually billed to a | ||||||
| 8 | property index number and the amount of property taxes that | ||||||
| 9 | would have been billed but for the erroneous exemption or | ||||||
| 10 | exemptions. | ||||||
| 11 | "Taxpayer" means the property owner or leasehold owner that | ||||||
| 12 | erroneously received a homestead exemption upon property. | ||||||
| 13 | (b) Notwithstanding any other provision of law, in counties | ||||||
| 14 | with 3,000,000 or more inhabitants, the chief county assessment | ||||||
| 15 | officer shall include the following information with each | ||||||
| 16 | assessment notice sent in a general assessment year: (1) a list | ||||||
| 17 | of each homestead exemption available under Article 15 of this | ||||||
| 18 | Code and a description of the eligibility criteria for that | ||||||
| 19 | exemption; (2) a list of each homestead exemption applied to | ||||||
| 20 | the property in the current assessment year; (3) information | ||||||
| 21 | regarding penalties and interest that may be incurred under | ||||||
| 22 | this Section if the taxpayer received an erroneous homestead | ||||||
| 23 | exemption in a previous taxable year; and (4) notice of the | ||||||
| 24 | 60-day grace period available under this subsection. If, within | ||||||
| 25 | 60 days after receiving his or her assessment notice, the | ||||||
| 26 | taxpayer notifies the chief county assessment officer that he | ||||||
| |||||||
| |||||||
| 1 | or she received an erroneous homestead exemption in a previous | ||||||
| 2 | taxable year, and if the taxpayer pays the erroneous exemption | ||||||
| 3 | principal amount, plus interest as provided in subsection (f), | ||||||
| 4 | then the taxpayer shall not be liable for the penalties | ||||||
| 5 | provided in subsection (f) with respect to that exemption. | ||||||
| 6 | (c) In counties with 3,000,000 or more inhabitants, when | ||||||
| 7 | the chief county assessment officer determines that one or more | ||||||
| 8 | erroneous homestead exemptions was applied to the property, the | ||||||
| 9 | erroneous exemption principal amount, together with all | ||||||
| 10 | applicable interest and penalties as provided in subsections | ||||||
| 11 | (f) and (j), shall constitute a lien in the name of the People | ||||||
| 12 | of Cook County on the property receiving the erroneous | ||||||
| 13 | homestead exemption. Upon becoming aware of the existence of | ||||||
| 14 | one or more erroneous homestead exemptions, the chief county | ||||||
| 15 | assessment officer shall cause to be served, by both regular | ||||||
| 16 | mail and certified mail, a notice of discovery as set forth in | ||||||
| 17 | subsection (c-5). The chief county assessment officer in a | ||||||
| 18 | county with 3,000,000 or more inhabitants may cause a lien to | ||||||
| 19 | be recorded against property that (1) is located in the county | ||||||
| 20 | and (2) received one or more erroneous homestead exemptions if, | ||||||
| 21 | upon determination of the chief county assessment officer, the | ||||||
| 22 | taxpayer received: (A) one or 2 erroneous homestead exemptions | ||||||
| 23 | for real property, including at least one erroneous homestead | ||||||
| 24 | exemption granted for the property against which the lien is | ||||||
| 25 | sought, during any of the 3 collection years immediately prior | ||||||
| 26 | to the current collection year in which the notice of discovery | ||||||
| |||||||
| |||||||
| 1 | is served; or (B) 3 or more erroneous homestead exemptions for | ||||||
| 2 | real property, including at least one erroneous homestead | ||||||
| 3 | exemption granted for the property against which the lien is | ||||||
| 4 | sought, during any of the 6 collection years immediately prior | ||||||
| 5 | to the current collection year in which the notice of discovery | ||||||
| 6 | is served. Prior to recording the lien against the property, | ||||||
| 7 | the chief county assessment officer shall cause to be served, | ||||||
| 8 | by both regular mail and certified mail, return receipt | ||||||
| 9 | requested, on the person to whom the most recent tax bill was | ||||||
| 10 | mailed and the owner of record, a notice of intent to record a | ||||||
| 11 | lien against the property. The chief county assessment officer | ||||||
| 12 | shall cause the notice of intent to record a lien to be served | ||||||
| 13 | within 3 years from the date on which the notice of discovery | ||||||
| 14 | was served. | ||||||
| 15 | (c-5) The notice of discovery described in subsection (c) | ||||||
| 16 | shall: (1) identify, by property index number, the property for | ||||||
| 17 | which the chief county assessment officer has knowledge | ||||||
| 18 | indicating the existence of an erroneous homestead exemption; | ||||||
| 19 | (2) set forth the taxpayer's liability for principal, interest, | ||||||
| 20 | penalties, and administrative costs including, but not limited | ||||||
| 21 | to, recording fees described in subsection (f); (3) inform the | ||||||
| 22 | taxpayer that he or she will be served with a notice of intent | ||||||
| 23 | to record a lien within 3 years from the date of service of the | ||||||
| 24 | notice of discovery; and (4) inform the taxpayer that he or she | ||||||
| 25 | may pay the outstanding amount, plus interest, penalties, and | ||||||
| 26 | administrative costs at any time prior to being served with the | ||||||
| |||||||
| |||||||
| 1 | notice of intent to record a lien or within 30 days after the | ||||||
| 2 | notice of intent to record a lien is served. | ||||||
| 3 | (d) The notice of intent to record a lien described in | ||||||
| 4 | subsection (c) shall: (1) identify, by property index number, | ||||||
| 5 | the property against which the lien is being sought; (2) | ||||||
| 6 | identify each specific homestead exemption that was | ||||||
| 7 | erroneously granted and the year or years in which each | ||||||
| 8 | exemption was granted; (3) set forth the erroneous exemption | ||||||
| 9 | principal amount due and the interest amount and any penalty | ||||||
| 10 | and administrative costs due; (4) inform the taxpayer that he | ||||||
| 11 | or she may request a hearing within 30 days after service and | ||||||
| 12 | may appeal the hearing officer's ruling to the circuit court; | ||||||
| 13 | (5) inform the taxpayer that he or she may pay the erroneous | ||||||
| 14 | exemption principal amount, plus interest and penalties, | ||||||
| 15 | within 30 days after service; and (6) inform the taxpayer that, | ||||||
| 16 | if the lien is recorded against the property, the amount of the | ||||||
| 17 | lien will be adjusted to include the applicable recording fee | ||||||
| 18 | and that fees for recording a release of the lien shall be | ||||||
| 19 | incurred by the taxpayer. A lien shall not be filed pursuant to | ||||||
| 20 | this Section if the taxpayer pays the erroneous exemption | ||||||
| 21 | principal amount, plus penalties and interest, within 30 days | ||||||
| 22 | of service of the notice of intent to record a lien. | ||||||
| 23 | (e) The notice of intent to record a lien shall also | ||||||
| 24 | include a form that the taxpayer may return to the chief county | ||||||
| 25 | assessment officer to request a hearing. The taxpayer may | ||||||
| 26 | request a hearing by returning the form within 30 days after | ||||||
| |||||||
| |||||||
| 1 | service. The hearing shall be held within 90 days after the | ||||||
| 2 | taxpayer is served. The chief county assessment officer shall | ||||||
| 3 | promulgate rules of service and procedure for the hearing. The | ||||||
| 4 | chief county assessment officer must generally follow rules of | ||||||
| 5 | evidence and practices that prevail in the county circuit | ||||||
| 6 | courts, but, because of the nature of these proceedings, the | ||||||
| 7 | chief county assessment officer is not bound by those rules in | ||||||
| 8 | all particulars. The chief county assessment officer shall | ||||||
| 9 | appoint a hearing officer to oversee the hearing. The taxpayer | ||||||
| 10 | shall be allowed to present evidence to the hearing officer at | ||||||
| 11 | the hearing. After taking into consideration all the relevant | ||||||
| 12 | testimony and evidence, the hearing officer shall make an | ||||||
| 13 | administrative decision on whether the taxpayer was | ||||||
| 14 | erroneously granted a homestead exemption for the taxable year | ||||||
| 15 | in question. The taxpayer may appeal the hearing officer's | ||||||
| 16 | ruling to the circuit court of the county where the property is | ||||||
| 17 | located as a final administrative decision under the | ||||||
| 18 | Administrative Review Law. | ||||||
| 19 | (f) A lien against the property imposed under this Section | ||||||
| 20 | shall be filed with the county recorder of deeds, but may not | ||||||
| 21 | be filed sooner than 60 days after the notice of intent to | ||||||
| 22 | record a lien was delivered to the taxpayer if the taxpayer | ||||||
| 23 | does not request a hearing, or until the conclusion of the | ||||||
| 24 | hearing and all appeals if the taxpayer does request a hearing. | ||||||
| 25 | If a lien is filed pursuant to this Section and the taxpayer | ||||||
| 26 | received one or 2 erroneous homestead exemptions during any of | ||||||
| |||||||
| |||||||
| 1 | the 3 collection years immediately prior to the current | ||||||
| 2 | collection year in which the notice of discovery is served, | ||||||
| 3 | then the erroneous exemption principal amount, plus 10% | ||||||
| 4 | interest per annum or portion thereof from the date the | ||||||
| 5 | erroneous exemption principal amount would have become due if | ||||||
| 6 | properly included in the tax bill, shall be charged against the | ||||||
| 7 | property by the chief county assessment officer. However, if a | ||||||
| 8 | lien is filed pursuant to this Section and the taxpayer | ||||||
| 9 | received 3 or more erroneous homestead exemptions during any of | ||||||
| 10 | the 6 collection years immediately prior to the current | ||||||
| 11 | collection year in which the notice of discovery is served, the | ||||||
| 12 | erroneous exemption principal amount, plus a penalty of 50% of | ||||||
| 13 | the total amount of the erroneous exemption principal amount | ||||||
| 14 | for that property and 10% interest per annum or portion thereof | ||||||
| 15 | from the date the erroneous exemption principal amount would | ||||||
| 16 | have become due if properly included in the tax bill, shall be | ||||||
| 17 | charged against the property by the chief county assessment | ||||||
| 18 | officer. If a lien is filed pursuant to this Section, the | ||||||
| 19 | taxpayer shall not be liable for interest that accrues between | ||||||
| 20 | the date the notice of discovery is served and the date the | ||||||
| 21 | lien is filed. Before recording the lien with the county | ||||||
| 22 | recorder of deeds, the chief county assessment officer shall | ||||||
| 23 | adjust the amount of the lien to add administrative costs, | ||||||
| 24 | including but not limited to the applicable recording fee, to | ||||||
| 25 | the total lien amount. | ||||||
| 26 | (g) If a person received an erroneous homestead exemption | ||||||
| |||||||
| |||||||
| 1 | under Section 15-170 and: (1) the person was the spouse, child, | ||||||
| 2 | grandchild, brother, sister, niece, or nephew of the previous | ||||||
| 3 | taxpayer; and (2) the person received the property by bequest | ||||||
| 4 | or inheritance; then the person is not liable for the penalties | ||||||
| 5 | imposed under this Section for any year or years during which | ||||||
| 6 | the chief county assessment officer did not require an annual | ||||||
| 7 | application for the exemption. However, that person is | ||||||
| 8 | responsible for any interest owed under subsection (f). | ||||||
| 9 | (h) If the erroneous homestead exemption was granted as a | ||||||
| 10 | result of a clerical error or omission on the part of the chief | ||||||
| 11 | county assessment officer, and if the taxpayer has paid the tax | ||||||
| 12 | bills as received for the year in which the error occurred, | ||||||
| 13 | then the interest and penalties authorized by this Section with | ||||||
| 14 | respect to that homestead exemption shall not be chargeable to | ||||||
| 15 | the taxpayer. However, nothing in this Section shall prevent | ||||||
| 16 | the collection of the erroneous exemption principal amount due | ||||||
| 17 | and owing. | ||||||
| 18 | (i) A lien under this Section is not valid as to (1) any | ||||||
| 19 | bona fide purchaser for value without notice of the erroneous | ||||||
| 20 | homestead exemption whose rights in and to the underlying | ||||||
| 21 | parcel arose after the erroneous homestead exemption was | ||||||
| 22 | granted but before the filing of the notice of lien; or (2) any | ||||||
| 23 | mortgagee, judgment creditor, or other lienor whose rights in | ||||||
| 24 | and to the underlying parcel arose before the filing of the | ||||||
| 25 | notice of lien. A title insurance policy for the property that | ||||||
| 26 | is issued by a title company licensed to do business in the | ||||||
| |||||||
| |||||||
| 1 | State showing that the property is free and clear of any liens | ||||||
| 2 | imposed under this Section shall be prima facie evidence that | ||||||
| 3 | the taxpayer is without notice of the erroneous homestead | ||||||
| 4 | exemption. Nothing in this Section shall be deemed to impair | ||||||
| 5 | the rights of subsequent creditors and subsequent purchasers | ||||||
| 6 | under Section 30 of the Conveyances Act. | ||||||
| 7 | (j) When a lien is filed against the property pursuant to | ||||||
| 8 | this Section, the chief county assessment officer shall mail a | ||||||
| 9 | copy of the lien to the person to whom the most recent tax bill | ||||||
| 10 | was mailed and to the owner of record, and the outstanding | ||||||
| 11 | liability created by such a lien is due and payable within 30 | ||||||
| 12 | days after the mailing of the lien by the chief county | ||||||
| 13 | assessment officer. This liability is deemed delinquent and | ||||||
| 14 | shall bear interest beginning on the day after the due date at | ||||||
| 15 | a rate of 1.5% per month or portion thereof. Payment shall be | ||||||
| 16 | made to the county treasurer. Upon receipt of the full amount | ||||||
| 17 | due, as determined by the chief county assessment officer, the | ||||||
| 18 | county treasurer shall distribute the amount paid as provided | ||||||
| 19 | in subsection (k). Upon presentment by the taxpayer to the | ||||||
| 20 | chief county assessment officer of proof of payment of the | ||||||
| 21 | total liability, the chief county assessment officer shall | ||||||
| 22 | provide in reasonable form a release of the lien. The release | ||||||
| 23 | of the lien provided shall clearly inform the taxpayer that it | ||||||
| 24 | is the responsibility of the taxpayer to record the lien | ||||||
| 25 | release form with the county recorder of deeds and to pay any | ||||||
| 26 | applicable recording fees. | ||||||
| |||||||
| |||||||
| 1 | (k) The county treasurer shall pay collected erroneous | ||||||
| 2 | exemption principal amounts, pro rata, to the taxing districts, | ||||||
| 3 | or their legal successors, that levied upon the subject | ||||||
| 4 | property in the taxable year or years for which the erroneous | ||||||
| 5 | homestead exemptions were granted, except as set forth in this | ||||||
| 6 | Section. The county treasurer shall deposit collected | ||||||
| 7 | penalties and interest into a special fund established by the | ||||||
| 8 | county treasurer to offset the costs of administration of the | ||||||
| 9 | provisions of this Section by the chief county assessment | ||||||
| 10 | officer's office, as appropriated by the county board. If the | ||||||
| 11 | costs of administration of this Section exceed the amount of | ||||||
| 12 | interest and penalties collected in the special fund, the chief | ||||||
| 13 | county assessor shall be reimbursed by each taxing district or | ||||||
| 14 | their legal successors for those costs. Such costs shall be | ||||||
| 15 | paid out of the funds collected by the county treasurer on | ||||||
| 16 | behalf of each taxing district pursuant to this Section. | ||||||
| 17 | (l) The chief county assessment officer in a county with | ||||||
| 18 | 3,000,000 or more inhabitants shall establish an amnesty period | ||||||
| 19 | for all taxpayers owing any tax due to an erroneous homestead | ||||||
| 20 | exemption granted in a tax year prior to the 2013 tax year. The | ||||||
| 21 | amnesty period shall begin on the effective date of this | ||||||
| 22 | amendatory Act of the 98th General Assembly and shall run | ||||||
| 23 | through December 31, 2013. If, during the amnesty period, the | ||||||
| 24 | taxpayer pays the entire arrearage of taxes due for tax years | ||||||
| 25 | prior to 2013, the county clerk shall abate and not seek to | ||||||
| 26 | collect any interest or penalties that may be applicable and | ||||||
| |||||||
| |||||||
| 1 | shall not seek civil or criminal prosecution for any taxpayer | ||||||
| 2 | for tax years prior to 2013. Failure to pay all such taxes due | ||||||
| 3 | during the amnesty period established under this Section shall | ||||||
| 4 | invalidate the amnesty period for that taxpayer. | ||||||
| 5 | The chief county assessment officer in a county with | ||||||
| 6 | 3,000,000 or more inhabitants shall (i) mail notice of the | ||||||
| 7 | amnesty period with the tax bills for the second installment of | ||||||
| 8 | taxes for the 2012 assessment year and (ii) as soon as possible | ||||||
| 9 | after the effective date of this amendatory Act of the 98th | ||||||
| 10 | General Assembly, publish notice of the amnesty period in a | ||||||
| 11 | newspaper of general circulation in the county. Notices shall | ||||||
| 12 | include information on the amnesty period, its purpose, and the | ||||||
| 13 | method by which to make payment. | ||||||
| 14 | Taxpayers who are a party to any criminal investigation or | ||||||
| 15 | to any civil or criminal litigation that is pending in any | ||||||
| 16 | circuit court or appellate court, or in the Supreme Court of | ||||||
| 17 | this State, for nonpayment, delinquency, or fraud in relation | ||||||
| 18 | to any property tax imposed by any taxing district located in | ||||||
| 19 | the State on the effective date of this amendatory Act of the | ||||||
| 20 | 98th General Assembly may not take advantage of the amnesty | ||||||
| 21 | period. | ||||||
| 22 | A taxpayer who has claimed 3 or more homestead exemptions | ||||||
| 23 | in error shall not be eligible for the amnesty period | ||||||
| 24 | established under this subsection.
| ||||||
| 25 | (Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14; | ||||||
| 26 | 98-811, eff. 1-1-15; 98-1143, eff. 1-1-15.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 200/15-10)
| ||||||
| 2 | Sec. 15-10. Exempt property; procedures for certification. | ||||||
| 3 | (a) All property
granted an exemption by the Department | ||||||
| 4 | pursuant to the requirements of
Section 15-5 and
described in | ||||||
| 5 | the Sections following Section 15-30 and preceding Section | ||||||
| 6 | 16-5,
to the extent therein limited, is exempt from taxation.
| ||||||
| 7 | In order to maintain that exempt status, the titleholder or the | ||||||
| 8 | owner of the
beneficial interest of any property
that
is exempt | ||||||
| 9 | must file with the chief county assessment
officer, on or | ||||||
| 10 | before January 31 of each year (May 31 in the case of property
| ||||||
| 11 | exempted by Section 15-170), an affidavit stating whether there | ||||||
| 12 | has been any
change in the ownership or use of the property, | ||||||
| 13 | the status of the
owner-resident, the satisfaction by a | ||||||
| 14 | relevant hospital entity of the condition for an exemption | ||||||
| 15 | under Section 15-86, or that a veteran with a disability | ||||||
| 16 | disabled veteran who qualifies under Section 15-165
owned and | ||||||
| 17 | used the property as of January 1 of that year.
The nature of | ||||||
| 18 | any
change shall be stated in the affidavit. Failure to file an | ||||||
| 19 | affidavit shall,
in the discretion of the assessment officer, | ||||||
| 20 | constitute cause to terminate the
exemption of that property, | ||||||
| 21 | notwithstanding any other provision of this Code.
Owners of 5 | ||||||
| 22 | or more such exempt parcels within a county may file a single
| ||||||
| 23 | annual affidavit in lieu of an affidavit for each parcel. The | ||||||
| 24 | assessment
officer, upon request, shall furnish an affidavit | ||||||
| 25 | form to the owners, in which
the owner may state whether there | ||||||
| |||||||
| |||||||
| 1 | has been any change in the ownership or use
of the property or | ||||||
| 2 | status of the owner or resident as of January 1 of that
year. | ||||||
| 3 | The owner of 5 or more exempt parcels shall list all the | ||||||
| 4 | properties
giving the same information for each parcel as | ||||||
| 5 | required of owners who file
individual affidavits.
| ||||||
| 6 | (b) However, titleholders or owners of the beneficial | ||||||
| 7 | interest in any property
exempted under any of the following | ||||||
| 8 | provisions are not required to
submit an annual filing under | ||||||
| 9 | this Section:
| ||||||
| 10 | (1) Section 15-45 (burial grounds) in counties of less | ||||||
| 11 | than 3,000,000
inhabitants and owned by a not-for-profit
| ||||||
| 12 | organization.
| ||||||
| 13 | (2) Section 15-40.
| ||||||
| 14 | (3) Section 15-50 (United States property).
| ||||||
| 15 | (c) If there is a change in use or ownership, however, | ||||||
| 16 | notice must be filed
pursuant to Section 15-20.
| ||||||
| 17 | (d) An application for homestead exemptions shall be filed | ||||||
| 18 | as provided in
Section 15-170 (senior citizens homestead | ||||||
| 19 | exemption), Section 15-172 (senior
citizens assessment freeze | ||||||
| 20 | homestead exemption), and Sections
15-175 (general homestead | ||||||
| 21 | exemption), 15-176
(general alternative
homestead exemption), | ||||||
| 22 | and 15-177 (long-time occupant homestead exemption), | ||||||
| 23 | respectively.
| ||||||
| 24 | (e) For purposes of determining satisfaction of the | ||||||
| 25 | condition for an exemption under Section 15-86: | ||||||
| 26 | (1) The "year for which exemption is sought" is the | ||||||
| |||||||
| |||||||
| 1 | year prior to the year in which the affidavit is due. | ||||||
| 2 | (2) The "hospital year" is the fiscal year of the | ||||||
| 3 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 4 | hospitals in the hospital system if the relevant hospital | ||||||
| 5 | entity is a hospital system with members with different | ||||||
| 6 | fiscal years, that ends in the year prior to the year in | ||||||
| 7 | which the affidavit is due. However, if that fiscal year | ||||||
| 8 | ends 3 months or less before the date on which the | ||||||
| 9 | affidavit is due, the relevant hospital entity shall file | ||||||
| 10 | an interim affidavit based on the currently available | ||||||
| 11 | information, and shall file a supplemental affidavit | ||||||
| 12 | within 90 days of date on which the application was due, if | ||||||
| 13 | the information in the relevant hospital entity's audited | ||||||
| 14 | financial statements changes the interim affidavit's | ||||||
| 15 | statement concerning the entity's compliance with the | ||||||
| 16 | calculation required by Section 15-86. | ||||||
| 17 | (3) The affidavit shall be accompanied by an exhibit | ||||||
| 18 | prepared by the relevant hospital entity showing (A) the | ||||||
| 19 | value of the relevant hospital entity's services and | ||||||
| 20 | activities, if any, under items (1) through (7) of | ||||||
| 21 | subsection (e) of Section 15-86, stated separately for each | ||||||
| 22 | item, and (B) the value relating to the relevant hospital | ||||||
| 23 | entity's estimated property tax liability under paragraphs | ||||||
| 24 | (A), (B), and (C) of item (1) of subsection (g) of Section | ||||||
| 25 | 15-86; under paragraphs (A), (B), and (C) of item (2) of | ||||||
| 26 | subsection (g) of Section 15-86; and under item (3) of | ||||||
| |||||||
| |||||||
| 1 | subsection (g) of Section 15-86. | ||||||
| 2 | (Source: P.A. 97-688, eff. 6-14-12.)
| ||||||
| 3 | (35 ILCS 200/15-86) | ||||||
| 4 | Sec. 15-86. Exemptions related to access to hospital and | ||||||
| 5 | health care services by low-income and underserved | ||||||
| 6 | individuals. | ||||||
| 7 | (a) The General Assembly finds: | ||||||
| 8 | (1) Despite the Supreme Court's decision in Provena | ||||||
| 9 | Covenant Medical Center v. Dept. of Revenue, 236 Ill.2d | ||||||
| 10 | 368, there is considerable uncertainty surrounding the | ||||||
| 11 | test for charitable property tax exemption, especially | ||||||
| 12 | regarding the application of a quantitative or monetary | ||||||
| 13 | threshold. In Provena, the Department stated that the | ||||||
| 14 | primary basis for its decision was the hospital's | ||||||
| 15 | inadequate amount of charitable activity, but the | ||||||
| 16 | Department has not articulated what constitutes an | ||||||
| 17 | adequate amount of charitable activity. After Provena, the | ||||||
| 18 | Department denied property tax exemption applications of 3 | ||||||
| 19 | more hospitals, and, on the effective date of this | ||||||
| 20 | amendatory Act of the 97th General Assembly, at least 20 | ||||||
| 21 | other hospitals are awaiting rulings on applications for | ||||||
| 22 | property tax exemption. | ||||||
| 23 | (2) In Provena, two Illinois Supreme Court justices | ||||||
| 24 | opined that "setting a monetary or quantum standard is a | ||||||
| 25 | complex decision which should be left to our legislature, | ||||||
| |||||||
| |||||||
| 1 | should it so choose". The Appellate Court in Provena | ||||||
| 2 | stated: "The language we use in the State of Illinois to | ||||||
| 3 | determine whether real property is used for a charitable | ||||||
| 4 | purpose has its genesis in our 1870 Constitution. It is | ||||||
| 5 | obvious that such language may be difficult to apply to the | ||||||
| 6 | modern face of our nation's health care delivery systems". | ||||||
| 7 | The court noted the many significant changes in the health | ||||||
| 8 | care system since that time, but concluded that taking | ||||||
| 9 | these changes into account is a matter of public policy, | ||||||
| 10 | and "it is the legislature's job, not ours, to make public | ||||||
| 11 | policy". | ||||||
| 12 | (3) It is essential to ensure that tax exemption law | ||||||
| 13 | relating to hospitals accounts for the complexities of the | ||||||
| 14 | modern health care delivery system. Health care is moving | ||||||
| 15 | beyond the walls of the hospital. In addition to treating | ||||||
| 16 | individual patients, hospitals are assuming responsibility | ||||||
| 17 | for improving the health status of communities and | ||||||
| 18 | populations. Low-income and underserved communities | ||||||
| 19 | benefit disproportionately by these activities. | ||||||
| 20 | (4) The Supreme Court has explained that: "the | ||||||
| 21 | fundamental ground upon which all exemptions in favor of | ||||||
| 22 | charitable institutions are based is the benefit conferred | ||||||
| 23 | upon the public by them, and a consequent relief, to some | ||||||
| 24 | extent, of the burden upon the state to care for and | ||||||
| 25 | advance the interests of its citizens". Hospitals relieve | ||||||
| 26 | the burden of government in many ways, but most | ||||||
| |||||||
| |||||||
| 1 | significantly through their participation in and | ||||||
| 2 | substantial financial subsidization of the Illinois | ||||||
| 3 | Medicaid program, which could not operate without the | ||||||
| 4 | participation and partnership of Illinois hospitals. | ||||||
| 5 | (5) Working with the Illinois hospital community and | ||||||
| 6 | other interested parties, the General Assembly has | ||||||
| 7 | developed a comprehensive combination of related | ||||||
| 8 | legislation that addresses hospital property tax | ||||||
| 9 | exemption, significantly increases access to free health | ||||||
| 10 | care for indigent persons, and strengthens the Medical | ||||||
| 11 | Assistance program. It is the intent of the General | ||||||
| 12 | Assembly to establish a new category of ownership for | ||||||
| 13 | charitable property tax exemption to be applied to | ||||||
| 14 | not-for-profit hospitals and hospital affiliates in lieu | ||||||
| 15 | of the existing ownership category of "institutions of | ||||||
| 16 | public charity". It is also the intent of the General | ||||||
| 17 | Assembly to establish quantifiable standards for the | ||||||
| 18 | issuance of charitable exemptions for such property. It is | ||||||
| 19 | not the intent of the General Assembly to declare any | ||||||
| 20 | property exempt ipso facto, but rather to establish | ||||||
| 21 | criteria to be applied to the facts on a case-by-case | ||||||
| 22 | basis. | ||||||
| 23 | (b) For the purpose of this Section and Section 15-10, the | ||||||
| 24 | following terms shall have the meanings set forth below: | ||||||
| 25 | (1) "Hospital" means any institution, place, building, | ||||||
| 26 | buildings on a campus, or other health care facility | ||||||
| |||||||
| |||||||
| 1 | located in Illinois that is licensed under the Hospital | ||||||
| 2 | Licensing Act and has a hospital owner. | ||||||
| 3 | (2) "Hospital owner" means a not-for-profit | ||||||
| 4 | corporation that is the titleholder of a hospital, or the | ||||||
| 5 | owner of the beneficial interest in an Illinois land trust | ||||||
| 6 | that is the titleholder of a hospital. | ||||||
| 7 | (3) "Hospital affiliate" means any corporation, | ||||||
| 8 | partnership, limited partnership, joint venture, limited | ||||||
| 9 | liability company, association or other organization, | ||||||
| 10 | other than a hospital owner, that directly or indirectly | ||||||
| 11 | controls, is controlled by, or is under common control with | ||||||
| 12 | one or more hospital owners and that supports, is supported | ||||||
| 13 | by, or acts in furtherance of the exempt health care | ||||||
| 14 | purposes of at least one of those hospital owners' | ||||||
| 15 | hospitals. | ||||||
| 16 | (4) "Hospital system" means a hospital and one or more | ||||||
| 17 | other hospitals or hospital affiliates related by common | ||||||
| 18 | control or ownership. | ||||||
| 19 | (5) "Control" relating to hospital owners, hospital | ||||||
| 20 | affiliates, or hospital systems means possession, direct | ||||||
| 21 | or indirect, of the power to direct or cause the direction | ||||||
| 22 | of the management and policies of the entity, whether | ||||||
| 23 | through ownership of assets, membership interest, other | ||||||
| 24 | voting or governance rights, by contract or otherwise. | ||||||
| 25 | (6) "Hospital applicant" means a hospital owner or | ||||||
| 26 | hospital affiliate that files an application for a property | ||||||
| |||||||
| |||||||
| 1 | tax exemption pursuant to Section 15-5 and this Section. | ||||||
| 2 | (7) "Relevant hospital entity" means (A) the hospital | ||||||
| 3 | owner, in the case of a hospital applicant that is a | ||||||
| 4 | hospital owner, and (B) at the election of a hospital | ||||||
| 5 | applicant that is a hospital affiliate, either (i) the | ||||||
| 6 | hospital affiliate or (ii) the hospital system to which the | ||||||
| 7 | hospital applicant belongs, including any hospitals or | ||||||
| 8 | hospital affiliates that are related by common control or | ||||||
| 9 | ownership. | ||||||
| 10 | (8) "Subject property" means property for which a | ||||||
| 11 | hospital applicant files an application for an exemption | ||||||
| 12 | pursuant to Section 15-5 and this Section. | ||||||
| 13 | (9) "Hospital year" means the fiscal year of the | ||||||
| 14 | relevant hospital entity, or the fiscal year of one of the | ||||||
| 15 | hospital owners in the hospital system if the relevant | ||||||
| 16 | hospital entity is a hospital system with members with | ||||||
| 17 | different fiscal years, that ends in the year for which the | ||||||
| 18 | exemption is sought. | ||||||
| 19 | (c) A hospital applicant satisfies the conditions for an | ||||||
| 20 | exemption under this Section with respect to the subject | ||||||
| 21 | property, and shall be issued a charitable exemption for that | ||||||
| 22 | property, if the value of services or activities listed in | ||||||
| 23 | subsection (e) for the hospital year equals or exceeds the | ||||||
| 24 | relevant hospital entity's estimated property tax liability, | ||||||
| 25 | as determined under subsection (g), for the year for which | ||||||
| 26 | exemption is sought. For purposes of making the calculations | ||||||
| |||||||
| |||||||
| 1 | required by this subsection (c), if the relevant hospital | ||||||
| 2 | entity is a hospital owner that owns more than one hospital, | ||||||
| 3 | the value of the services or activities listed in subsection | ||||||
| 4 | (e) shall be calculated on the basis of only those services and | ||||||
| 5 | activities relating to the hospital that includes the subject | ||||||
| 6 | property, and the relevant hospital entity's estimated | ||||||
| 7 | property tax liability shall be calculated only with respect to | ||||||
| 8 | the properties comprising that hospital. In the case of a | ||||||
| 9 | multi-state hospital system or hospital affiliate, the value of | ||||||
| 10 | the services or activities listed in subsection (e) shall be | ||||||
| 11 | calculated on the basis of only those services and activities | ||||||
| 12 | that occur in Illinois and the relevant hospital entity's | ||||||
| 13 | estimated property tax liability shall be calculated only with | ||||||
| 14 | respect to its property located in Illinois. | ||||||
| 15 | Notwithstanding any other provisions of this Act, any | ||||||
| 16 | parcel or portion thereof, that is owned by a for-profit entity | ||||||
| 17 | whether part of the hospital system or not, or that is leased, | ||||||
| 18 | licensed or operated by a for-profit entity regardless of | ||||||
| 19 | whether healthcare services are provided on that parcel shall | ||||||
| 20 | not qualify for exemption. If a parcel has both exempt and | ||||||
| 21 | non-exempt uses, an exemption may be granted for the qualifying | ||||||
| 22 | portion of that parcel. In the case of parking lots and common | ||||||
| 23 | areas serving both exempt and non-exempt uses those parcels or | ||||||
| 24 | portions thereof may qualify for an exemption in proportion to | ||||||
| 25 | the amount of qualifying use. | ||||||
| 26 | (d) The hospital applicant shall include information in its | ||||||
| |||||||
| |||||||
| 1 | exemption application establishing that it satisfies the | ||||||
| 2 | requirements of subsection (c). For purposes of making the | ||||||
| 3 | calculations required by subsection (c), the hospital | ||||||
| 4 | applicant may for each year elect to use either (1) the value | ||||||
| 5 | of the services or activities listed in subsection (e) for the | ||||||
| 6 | hospital year or (2) the average value of those services or | ||||||
| 7 | activities for the 3 fiscal years ending with the hospital | ||||||
| 8 | year. If the relevant hospital entity has been in operation for | ||||||
| 9 | less than 3 completed fiscal years, then the latter | ||||||
| 10 | calculation, if elected, shall be performed on a pro rata | ||||||
| 11 | basis. | ||||||
| 12 | (e) Services that address the health care needs of | ||||||
| 13 | low-income or underserved individuals or relieve the burden of | ||||||
| 14 | government with regard to health care services. The following | ||||||
| 15 | services and activities shall be considered for purposes of | ||||||
| 16 | making the calculations required by subsection (c): | ||||||
| 17 | (1) Charity care. Free or discounted services provided | ||||||
| 18 | pursuant to the relevant hospital entity's financial | ||||||
| 19 | assistance policy, measured at cost, including discounts | ||||||
| 20 | provided under the Hospital Uninsured Patient Discount | ||||||
| 21 | Act. | ||||||
| 22 | (2) Health services to low-income and underserved | ||||||
| 23 | individuals. Other unreimbursed costs of the relevant | ||||||
| 24 | hospital entity for providing without charge, paying for, | ||||||
| 25 | or subsidizing goods, activities, or services for the | ||||||
| 26 | purpose of addressing the health of low-income or | ||||||
| |||||||
| |||||||
| 1 | underserved individuals. Those activities or services may | ||||||
| 2 | include, but are not limited to: financial or in-kind | ||||||
| 3 | support to affiliated or unaffiliated hospitals, hospital | ||||||
| 4 | affiliates, community clinics, or programs that treat | ||||||
| 5 | low-income or underserved individuals; paying for or | ||||||
| 6 | subsidizing health care professionals who care for | ||||||
| 7 | low-income or underserved individuals; providing or | ||||||
| 8 | subsidizing outreach or educational services to low-income | ||||||
| 9 | or underserved individuals for disease management and | ||||||
| 10 | prevention; free or subsidized goods, supplies, or | ||||||
| 11 | services needed by low-income or underserved individuals | ||||||
| 12 | because of their medical condition; and prenatal or | ||||||
| 13 | childbirth outreach to low-income or underserved persons. | ||||||
| 14 | (3) Subsidy of State or local governments. Direct or | ||||||
| 15 | indirect financial or in-kind subsidies of State or local | ||||||
| 16 | governments by the relevant hospital entity that pay for or | ||||||
| 17 | subsidize activities or programs related to health care for | ||||||
| 18 | low-income or underserved individuals. | ||||||
| 19 | (4) Support for State health care programs for | ||||||
| 20 | low-income individuals. At the election of the hospital | ||||||
| 21 | applicant for each applicable year, either (A) 10% of | ||||||
| 22 | payments to the relevant hospital entity and any hospital | ||||||
| 23 | affiliate designated by the relevant hospital entity | ||||||
| 24 | (provided that such hospital affiliate's operations | ||||||
| 25 | provide financial or operational support for or receive | ||||||
| 26 | financial or operational support from the relevant | ||||||
| |||||||
| |||||||
| 1 | hospital entity) under Medicaid or other means-tested | ||||||
| 2 | programs, including, but not limited to, General | ||||||
| 3 | Assistance, the Covering ALL KIDS Health Insurance Act, and | ||||||
| 4 | the State Children's Health Insurance Program or (B) the | ||||||
| 5 | amount of subsidy provided by the relevant hospital entity | ||||||
| 6 | and any hospital affiliate designated by the relevant | ||||||
| 7 | hospital entity (provided that such hospital affiliate's | ||||||
| 8 | operations provide financial or operational support for or | ||||||
| 9 | receive financial or operational support from the relevant | ||||||
| 10 | hospital entity) to State or local government in treating | ||||||
| 11 | Medicaid recipients and recipients of means-tested | ||||||
| 12 | programs, including but not limited to General Assistance, | ||||||
| 13 | the Covering ALL KIDS Health Insurance Act, and the State | ||||||
| 14 | Children's Health Insurance Program. The amount of subsidy | ||||||
| 15 | for purposes of this item (4) is calculated in the same | ||||||
| 16 | manner as unreimbursed costs are calculated for Medicaid | ||||||
| 17 | and other means-tested government programs in the Schedule | ||||||
| 18 | H of IRS Form 990 in effect on the effective date of this | ||||||
| 19 | amendatory Act of the 97th General Assembly; provided, | ||||||
| 20 | however, that in any event unreimbursed costs shall be net | ||||||
| 21 | of fee-for-services payments, payments pursuant to an | ||||||
| 22 | assessment, quarterly payments, and all other payments | ||||||
| 23 | included on the schedule H of the IRS form 990. | ||||||
| 24 | (5) Dual-eligible subsidy. The amount of subsidy | ||||||
| 25 | provided to government by treating dual-eligible | ||||||
| 26 | Medicare/Medicaid patients. The amount of subsidy for | ||||||
| |||||||
| |||||||
| 1 | purposes of this item (5) is calculated by multiplying the | ||||||
| 2 | relevant hospital entity's unreimbursed costs for | ||||||
| 3 | Medicare, calculated in the same manner as determined in | ||||||
| 4 | the Schedule H of IRS Form 990 in effect on the effective | ||||||
| 5 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 6 | by the relevant hospital entity's ratio of dual-eligible | ||||||
| 7 | patients to total Medicare patients. | ||||||
| 8 | (6) Relief of the burden of government related to | ||||||
| 9 | health care of low-income individuals. Except to the extent | ||||||
| 10 | otherwise taken into account in this subsection, the | ||||||
| 11 | portion of unreimbursed costs of the relevant hospital | ||||||
| 12 | entity attributable to providing, paying for, or | ||||||
| 13 | subsidizing goods, activities, or services that relieve | ||||||
| 14 | the burden of government related to health care for | ||||||
| 15 | low-income individuals. Such activities or services shall | ||||||
| 16 | include, but are not limited to, providing emergency, | ||||||
| 17 | trauma, burn, neonatal, psychiatric, rehabilitation, or | ||||||
| 18 | other special services; providing medical education; and | ||||||
| 19 | conducting medical research or training of health care | ||||||
| 20 | professionals. The portion of those unreimbursed costs | ||||||
| 21 | attributable to benefiting low-income individuals shall be | ||||||
| 22 | determined using the ratio calculated by adding the | ||||||
| 23 | relevant hospital entity's costs attributable to charity | ||||||
| 24 | care, Medicaid, other means-tested government programs, | ||||||
| 25 | Medicare patients with disabilities disabled Medicare | ||||||
| 26 | patients under age 65, and dual-eligible Medicare/Medicaid | ||||||
| |||||||
| |||||||
| 1 | patients and dividing that total by the relevant hospital | ||||||
| 2 | entity's total costs. Such costs for the numerator and | ||||||
| 3 | denominator shall be determined by multiplying gross | ||||||
| 4 | charges by the cost to charge ratio taken from the | ||||||
| 5 | hospitals' most recently filed Medicare cost report (CMS | ||||||
| 6 | 2252-10 Worksheet C, Part I). In the case of emergency | ||||||
| 7 | services, the ratio shall be calculated using costs (gross | ||||||
| 8 | charges multiplied by the cost to charge ratio taken from | ||||||
| 9 | the hospitals' most recently filed Medicare cost report | ||||||
| 10 | (CMS 2252-10 Worksheet C, Part I)) of patients treated in | ||||||
| 11 | the relevant hospital entity's emergency department. | ||||||
| 12 | (7) Any other activity by the relevant hospital entity | ||||||
| 13 | that the Department determines relieves the burden of | ||||||
| 14 | government or addresses the health of low-income or | ||||||
| 15 | underserved individuals. | ||||||
| 16 | (f) For purposes of making the calculations required by | ||||||
| 17 | subsections (c) and (e): | ||||||
| 18 | (1) particular services or activities eligible for | ||||||
| 19 | consideration under any of the paragraphs (1) through (7) | ||||||
| 20 | of subsection (e) may not be counted under more than one of | ||||||
| 21 | those paragraphs; and | ||||||
| 22 | (2) the amount of unreimbursed costs and the amount of | ||||||
| 23 | subsidy shall not be reduced by restricted or unrestricted | ||||||
| 24 | payments received by the relevant hospital entity as | ||||||
| 25 | contributions deductible under Section 170(a) of the | ||||||
| 26 | Internal Revenue Code. | ||||||
| |||||||
| |||||||
| 1 | (g) Estimation of Exempt Property Tax Liability. The | ||||||
| 2 | estimated property tax liability used for the determination in | ||||||
| 3 | subsection (c) shall be calculated as follows: | ||||||
| 4 | (1) "Estimated property tax liability" means the | ||||||
| 5 | estimated dollar amount of property tax that would be owed, | ||||||
| 6 | with respect to the exempt portion of each of the relevant | ||||||
| 7 | hospital entity's properties that are already fully or | ||||||
| 8 | partially exempt, or for which an exemption in whole or in | ||||||
| 9 | part is currently being sought, and then aggregated as | ||||||
| 10 | applicable, as if the exempt portion of those properties | ||||||
| 11 | were subject to tax, calculated with respect to each such | ||||||
| 12 | property by multiplying: | ||||||
| 13 | (A) the lesser of (i) the actual assessed value, if | ||||||
| 14 | any, of the portion of the property for which an | ||||||
| 15 | exemption is sought or (ii) an estimated assessed value | ||||||
| 16 | of the exempt portion of such property as determined in | ||||||
| 17 | item (2) of this subsection (g), by: | ||||||
| 18 | (B) the applicable State equalization rate | ||||||
| 19 | (yielding the equalized assessed value), by | ||||||
| 20 | (C) the applicable tax rate. | ||||||
| 21 | (2) The estimated assessed value of the exempt portion | ||||||
| 22 | of the property equals the sum of (i) the estimated fair | ||||||
| 23 | market value of buildings on the property, as determined in | ||||||
| 24 | accordance with subparagraphs (A) and (B) of this item (2), | ||||||
| 25 | multiplied by the applicable assessment factor, and (ii) | ||||||
| 26 | the estimated assessed value of the land portion of the | ||||||
| |||||||
| |||||||
| 1 | property, as determined in accordance with subparagraph | ||||||
| 2 | (C). | ||||||
| 3 | (A) The "estimated fair market value of buildings | ||||||
| 4 | on the property" means the replacement value of any | ||||||
| 5 | exempt portion of buildings on the property, minus | ||||||
| 6 | depreciation, determined utilizing the cost | ||||||
| 7 | replacement method whereby the exempt square footage | ||||||
| 8 | of all such buildings is multiplied by the replacement | ||||||
| 9 | cost per square foot for Class A Average building found | ||||||
| 10 | in the most recent edition of the Marshall & Swift | ||||||
| 11 | Valuation Services Manual, adjusted by any appropriate | ||||||
| 12 | current cost and local multipliers. | ||||||
| 13 | (B) Depreciation, for purposes of calculating the | ||||||
| 14 | estimated fair market value of buildings on the | ||||||
| 15 | property, is applied by utilizing a weighted mean life | ||||||
| 16 | for the buildings based on original construction and | ||||||
| 17 | assuming a 40-year life for hospital buildings and the | ||||||
| 18 | applicable life for other types of buildings as | ||||||
| 19 | specified in the American Hospital Association | ||||||
| 20 | publication "Estimated Useful Lives of Depreciable | ||||||
| 21 | Hospital Assets". In the case of hospital buildings, | ||||||
| 22 | the remaining life is divided by 40 and this ratio is | ||||||
| 23 | multiplied by the replacement cost of the buildings to | ||||||
| 24 | obtain an estimated fair market value of buildings. If | ||||||
| 25 | a hospital building is older than 35 years, a remaining | ||||||
| 26 | life of 5 years for residual value is assumed; and if a | ||||||
| |||||||
| |||||||
| 1 | building is less than 8 years old, a remaining life of | ||||||
| 2 | 32 years is assumed. | ||||||
| 3 | (C) The estimated assessed value of the land | ||||||
| 4 | portion of the property shall be determined by | ||||||
| 5 | multiplying (i) the per square foot average of the | ||||||
| 6 | assessed values of three parcels of land (not including | ||||||
| 7 | farm land, and excluding the assessed value of the | ||||||
| 8 | improvements thereon) reasonably comparable to the | ||||||
| 9 | property, by (ii) the number of square feet comprising | ||||||
| 10 | the exempt portion of the property's land square | ||||||
| 11 | footage. | ||||||
| 12 | (3) The assessment factor, State equalization rate, | ||||||
| 13 | and tax rate (including any special factors such as | ||||||
| 14 | Enterprise Zones) used in calculating the estimated | ||||||
| 15 | property tax liability shall be for the most recent year | ||||||
| 16 | that is publicly available from the applicable chief county | ||||||
| 17 | assessment officer or officers at least 90 days before the | ||||||
| 18 | end of the hospital year. | ||||||
| 19 | (4) The method utilized to calculate estimated | ||||||
| 20 | property tax liability for purposes of this Section 15-86 | ||||||
| 21 | shall not be utilized for the actual valuation, assessment, | ||||||
| 22 | or taxation of property pursuant to the Property Tax Code. | ||||||
| 23 | (h) Application. Each hospital applicant applying for a | ||||||
| 24 | property tax exemption pursuant to Section 15-5 and this | ||||||
| 25 | Section shall use an application form provided by the | ||||||
| 26 | Department. The application form shall specify the records | ||||||
| |||||||
| |||||||
| 1 | required in support of the application and those records shall | ||||||
| 2 | be submitted to the Department with the application form. Each | ||||||
| 3 | application or affidavit shall contain a verification by the | ||||||
| 4 | Chief Executive Officer of the hospital applicant under oath or | ||||||
| 5 | affirmation stating that each statement in the application or | ||||||
| 6 | affidavit and each document submitted with the application or | ||||||
| 7 | affidavit are true and correct. The records submitted with the | ||||||
| 8 | application pursuant to this Section shall include an exhibit | ||||||
| 9 | prepared by the relevant hospital entity showing (A) the value | ||||||
| 10 | of the relevant hospital entity's services and activities, if | ||||||
| 11 | any, under paragraphs (1) through (7) of subsection (e) of this | ||||||
| 12 | Section stated separately for each paragraph, and (B) the value | ||||||
| 13 | relating to the relevant hospital entity's estimated property | ||||||
| 14 | tax liability under subsections (g)(1)(A), (B), and (C), | ||||||
| 15 | subsections (g)(2)(A), (B), and (C), and subsection (g)(3) of | ||||||
| 16 | this Section stated separately for each item. Such exhibit will | ||||||
| 17 | be made available to the public by the chief county assessment | ||||||
| 18 | officer. Nothing in this Section shall be construed as limiting | ||||||
| 19 | the Attorney General's authority under the Illinois False | ||||||
| 20 | Claims Act. | ||||||
| 21 | (i) Nothing in this Section shall be construed to limit the | ||||||
| 22 | ability of otherwise eligible hospitals, hospital owners, | ||||||
| 23 | hospital affiliates, or hospital systems to obtain or maintain | ||||||
| 24 | property tax exemptions pursuant to a provision of the Property | ||||||
| 25 | Tax Code other than this Section.
| ||||||
| 26 | (Source: P.A. 97-688, eff. 6-14-12.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 200/15-165)
| ||||||
| 2 | Sec. 15-165. Veterans with disabilities Disabled veterans. | ||||||
| 3 | Property up to an assessed value of $100,000,
owned and used | ||||||
| 4 | exclusively by a veteran with a disability disabled veteran, or | ||||||
| 5 | the spouse or unmarried
surviving spouse of the veteran, as a | ||||||
| 6 | home, is exempt. As used in this
Section, a "veteran with a | ||||||
| 7 | disability" disabled veteran means a person who has served in | ||||||
| 8 | the Armed Forces
of the United States and whose disability is | ||||||
| 9 | of such a nature that the Federal
Government has authorized | ||||||
| 10 | payment for purchase or construction of Specially
Adapted | ||||||
| 11 | Housing as set forth in the United States Code, Title 38, | ||||||
| 12 | Chapter 21,
Section 2101.
| ||||||
| 13 | The exemption applies to housing where Federal funds have | ||||||
| 14 | been used to
purchase or construct special adaptations to suit | ||||||
| 15 | the veteran's disability.
| ||||||
| 16 | The exemption also applies to housing that is specially | ||||||
| 17 | adapted to suit the
veteran's disability, and purchased | ||||||
| 18 | entirely or in part by the proceeds of a
sale, casualty loss | ||||||
| 19 | reimbursement, or other transfer of a home for which the
| ||||||
| 20 | Federal Government had previously authorized payment for | ||||||
| 21 | purchase or
construction as Specially Adapted Housing.
| ||||||
| 22 | However, the entire proceeds of the sale, casualty loss | ||||||
| 23 | reimbursement, or
other transfer of that housing shall be | ||||||
| 24 | applied to the acquisition of
subsequent specially adapted | ||||||
| 25 | housing to the extent that the proceeds equal the
purchase | ||||||
| |||||||
| |||||||
| 1 | price of the subsequently acquired housing.
| ||||||
| 2 | Beginning with the 2015 tax year, the exemption also | ||||||
| 3 | applies to housing that is specifically constructed or adapted | ||||||
| 4 | to suit a qualifying veteran's disability if the housing or | ||||||
| 5 | adaptations are donated by a charitable organization, the | ||||||
| 6 | veteran has been approved to receive funds for the purchase or | ||||||
| 7 | construction of Specially Adapted Housing under Title 38, | ||||||
| 8 | Chapter 21, Section 2101 of the United States Code, and the | ||||||
| 9 | home has been inspected and certified by a licensed home | ||||||
| 10 | inspector to be in compliance with applicable standards set | ||||||
| 11 | forth in U.S. Department of Veterans Affairs, Veterans Benefits | ||||||
| 12 | Administration Pamphlet 26-13 Handbook for Design of Specially | ||||||
| 13 | Adapted Housing. | ||||||
| 14 | For purposes of this Section, "charitable organization" | ||||||
| 15 | means any benevolent, philanthropic, patriotic,
or | ||||||
| 16 | eleemosynary entity that solicits and
collects funds for | ||||||
| 17 | charitable purposes and includes each local, county, or
area | ||||||
| 18 | division of that charitable organization. | ||||||
| 19 | For purposes of this Section, "unmarried surviving spouse" | ||||||
| 20 | means the
surviving spouse of the veteran at any time after the | ||||||
| 21 | death of the veteran
during which such surviving spouse is not | ||||||
| 22 | married.
| ||||||
| 23 | This exemption must be reestablished on an annual basis by
| ||||||
| 24 | certification from the Illinois Department of Veterans' | ||||||
| 25 | Affairs to the
Department, which shall forward a copy of the | ||||||
| 26 | certification to local
assessing officials.
| ||||||
| |||||||
| |||||||
| 1 | A taxpayer who claims an exemption under Section 15-168 or | ||||||
| 2 | 15-169 may not claim an exemption under this Section.
| ||||||
| 3 | (Source: P.A. 98-1145, eff. 12-30-14.)
| ||||||
| 4 | (35 ILCS 200/15-168) | ||||||
| 5 | Sec. 15-168. Homestead exemption for persons with | ||||||
| 6 | disabilities Disabled persons' homestead exemption. | ||||||
| 7 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
| 8 | exemption is granted to persons with disabilities disabled | ||||||
| 9 | persons in
the amount of $2,000, except as provided in | ||||||
| 10 | subsection (c), to
be deducted from the property's value as | ||||||
| 11 | equalized or assessed
by the Department of Revenue. The person | ||||||
| 12 | with a disability disabled person shall receive
the homestead | ||||||
| 13 | exemption upon meeting the following
requirements: | ||||||
| 14 | (1) The property must be occupied as the primary | ||||||
| 15 | residence by the person with a disability disabled person. | ||||||
| 16 | (2) The person with a disability disabled person must | ||||||
| 17 | be liable for paying the
real estate taxes on the property. | ||||||
| 18 | (3) The person with a disability disabled person must | ||||||
| 19 | be an owner of record of
the property or have a legal or | ||||||
| 20 | equitable interest in the
property as evidenced by a | ||||||
| 21 | written instrument. In the case
of a leasehold interest in | ||||||
| 22 | property, the lease must be for
a single family residence. | ||||||
| 23 | A person who has a disability is disabled during the | ||||||
| 24 | taxable year
is eligible to apply for this homestead exemption | ||||||
| 25 | during that
taxable year. Application must be made during the
| ||||||
| |||||||
| |||||||
| 1 | application period in effect for the county of residence. If a
| ||||||
| 2 | homestead exemption has been granted under this Section and the
| ||||||
| 3 | person awarded the exemption subsequently becomes a resident of
| ||||||
| 4 | a facility licensed under the Nursing Home Care Act, the | ||||||
| 5 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 6 | ID/DD Community Care Act, then the
exemption shall continue (i) | ||||||
| 7 | so long as the residence continues
to be occupied by the | ||||||
| 8 | qualifying person's spouse or (ii) if the
residence remains | ||||||
| 9 | unoccupied but is still owned by the person
qualified for the | ||||||
| 10 | homestead exemption. | ||||||
| 11 | (b) For the purposes of this Section, "person with a | ||||||
| 12 | disability disabled person"
means a person unable to engage in | ||||||
| 13 | any substantial gainful activity by reason of a medically | ||||||
| 14 | determinable physical or mental impairment which can be | ||||||
| 15 | expected to result in death or has lasted or can be expected to | ||||||
| 16 | last for a continuous period of not less than 12 months. | ||||||
| 17 | Persons with disabilities Disabled persons filing claims under | ||||||
| 18 | this Act shall submit proof of disability in such form and | ||||||
| 19 | manner as the Department shall by rule and regulation | ||||||
| 20 | prescribe. Proof that a claimant is eligible to receive | ||||||
| 21 | disability benefits under the Federal Social Security Act shall | ||||||
| 22 | constitute proof of disability for purposes of this Act. | ||||||
| 23 | Issuance of an Illinois Person with a Disability Identification | ||||||
| 24 | Card stating that the claimant is under a Class 2 disability, | ||||||
| 25 | as defined in Section 4A of the Illinois Identification Card | ||||||
| 26 | Act, shall constitute proof that the person named thereon is a | ||||||
| |||||||
| |||||||
| 1 | person with a disability disabled person for purposes of this | ||||||
| 2 | Act. A person with a disability disabled person not covered | ||||||
| 3 | under the Federal Social Security Act and not presenting an | ||||||
| 4 | Illinois Person with a Disability Identification Card stating | ||||||
| 5 | that the claimant is under a Class 2 disability shall be | ||||||
| 6 | examined by a physician designated by the Department, and his | ||||||
| 7 | status as a person with a disability disabled person determined | ||||||
| 8 | using the same standards as used by the Social Security | ||||||
| 9 | Administration. The costs of any required examination shall be | ||||||
| 10 | borne by the claimant. | ||||||
| 11 | (c) For land improved with (i) an apartment building owned
| ||||||
| 12 | and operated as a cooperative or (ii) a life care facility as
| ||||||
| 13 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
| 14 | considered to be a cooperative, the maximum reduction from the
| ||||||
| 15 | value of the property, as equalized or assessed by the
| ||||||
| 16 | Department, shall be multiplied by the number of apartments or
| ||||||
| 17 | units occupied by a person with a disability disabled person. | ||||||
| 18 | The person with a disability disabled person shall
receive the | ||||||
| 19 | homestead exemption upon meeting the following
requirements: | ||||||
| 20 | (1) The property must be occupied as the primary | ||||||
| 21 | residence by the
person with a disability disabled person. | ||||||
| 22 | (2) The person with a disability disabled person must | ||||||
| 23 | be liable by contract with
the owner or owners of record | ||||||
| 24 | for paying the apportioned
property taxes on the property | ||||||
| 25 | of the cooperative or life
care facility. In the case of a | ||||||
| 26 | life care facility, the
person with a disability disabled | ||||||
| |||||||
| |||||||
| 1 | person must be liable for paying the apportioned
property | ||||||
| 2 | taxes under a life care contract as defined in Section 2 of | ||||||
| 3 | the Life Care Facilities Act. | ||||||
| 4 | (3) The person with a disability disabled person must | ||||||
| 5 | be an owner of record of a
legal or equitable interest in | ||||||
| 6 | the cooperative apartment
building. A leasehold interest | ||||||
| 7 | does not meet this
requirement.
| ||||||
| 8 | If a homestead exemption is granted under this subsection, the
| ||||||
| 9 | cooperative association or management firm shall credit the
| ||||||
| 10 | savings resulting from the exemption to the apportioned tax
| ||||||
| 11 | liability of the qualifying person with a disability disabled | ||||||
| 12 | person. The chief county
assessment officer may request | ||||||
| 13 | reasonable proof that the
association or firm has properly | ||||||
| 14 | credited the exemption. A
person who willfully refuses to | ||||||
| 15 | credit an exemption to the
qualified person with a disability | ||||||
| 16 | disabled person is guilty of a Class B misdemeanor.
| ||||||
| 17 | (d) The chief county assessment officer shall determine the
| ||||||
| 18 | eligibility of property to receive the homestead exemption
| ||||||
| 19 | according to guidelines established by the Department. After a
| ||||||
| 20 | person has received an exemption under this Section, an annual
| ||||||
| 21 | verification of eligibility for the exemption shall be mailed
| ||||||
| 22 | to the taxpayer. | ||||||
| 23 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
| 24 | chief county assessment officer shall provide to each
person | ||||||
| 25 | granted a homestead exemption under this Section a form
to | ||||||
| 26 | designate any other person to receive a duplicate of any
notice | ||||||
| |||||||
| |||||||
| 1 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 2 | under this Code on the person's qualifying property. The
| ||||||
| 3 | duplicate notice shall be in addition to the notice required to
| ||||||
| 4 | be provided to the person receiving the exemption and shall be | ||||||
| 5 | given in the manner required by this Code. The person filing
| ||||||
| 6 | the request for the duplicate notice shall pay an
| ||||||
| 7 | administrative fee of $5 to the chief county assessment
| ||||||
| 8 | officer. The assessment officer shall then file the executed
| ||||||
| 9 | designation with the county collector, who shall issue the
| ||||||
| 10 | duplicate notices as indicated by the designation. A
| ||||||
| 11 | designation may be rescinded by the person with a disability | ||||||
| 12 | disabled person in the
manner required by the chief county | ||||||
| 13 | assessment officer. | ||||||
| 14 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
| 15 | or 15-169 may not claim an exemption under this Section.
| ||||||
| 16 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 17 | eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
| ||||||
| 18 | (35 ILCS 200/15-169) | ||||||
| 19 | Sec. 15-169. Homestead exemption for veterans with | ||||||
| 20 | disabilities Disabled veterans standard homestead exemption. | ||||||
| 21 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
| 22 | exemption, limited to the amounts set forth in subsection (b), | ||||||
| 23 | is granted for property that is used as a qualified residence | ||||||
| 24 | by a veteran with a disability disabled veteran. | ||||||
| 25 | (b) The amount of the exemption under this Section is as | ||||||
| |||||||
| |||||||
| 1 | follows: | ||||||
| 2 | (1) for veterans with a service-connected disability | ||||||
| 3 | of at least (i) 75% for exemptions granted in taxable years | ||||||
| 4 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
| 5 | taxable year 2010 and each taxable year thereafter, as | ||||||
| 6 | certified by the United States Department of Veterans | ||||||
| 7 | Affairs, the annual exemption is $5,000; and | ||||||
| 8 | (2) for veterans with a service-connected disability | ||||||
| 9 | of at least 50%, but less than (i) 75% for exemptions | ||||||
| 10 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
| 11 | exemptions granted in taxable year 2010 and each taxable | ||||||
| 12 | year thereafter, as certified by the United States | ||||||
| 13 | Department of Veterans Affairs, the annual exemption is | ||||||
| 14 | $2,500. | ||||||
| 15 | (b-5) If a homestead exemption is granted under this | ||||||
| 16 | Section and the person awarded the exemption subsequently | ||||||
| 17 | becomes a resident of a facility licensed under the Nursing | ||||||
| 18 | Home Care Act or a facility operated by the United States | ||||||
| 19 | Department of Veterans Affairs, then the exemption shall | ||||||
| 20 | continue (i) so long as the residence continues to be occupied | ||||||
| 21 | by the qualifying person's spouse or (ii) if the residence | ||||||
| 22 | remains unoccupied but is still owned by the person who | ||||||
| 23 | qualified for the homestead exemption. | ||||||
| 24 | (c) The tax exemption under this Section carries over to | ||||||
| 25 | the benefit of the veteran's
surviving spouse as long as the | ||||||
| 26 | spouse holds the legal or
beneficial title to the homestead, | ||||||
| |||||||
| |||||||
| 1 | permanently resides
thereon, and does not remarry. If the | ||||||
| 2 | surviving spouse sells
the property, an exemption not to exceed | ||||||
| 3 | the amount granted
from the most recent ad valorem tax roll may | ||||||
| 4 | be transferred to
his or her new residence as long as it is | ||||||
| 5 | used as his or her
primary residence and he or she does not | ||||||
| 6 | remarry. | ||||||
| 7 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
| 8 | Section shall require the veteran to have qualified for or | ||||||
| 9 | obtained the exemption before death if the veteran was killed | ||||||
| 10 | in the line of duty. | ||||||
| 11 | (d) The exemption under this Section applies for taxable | ||||||
| 12 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
| 13 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
| 14 | this Section. | ||||||
| 15 | (e) Each taxpayer who has been granted an exemption under | ||||||
| 16 | this Section must reapply on an annual basis. Application must | ||||||
| 17 | be made during the application period
in effect for the county | ||||||
| 18 | of his or her residence. The assessor
or chief county | ||||||
| 19 | assessment officer may determine the
eligibility of | ||||||
| 20 | residential property to receive the homestead
exemption | ||||||
| 21 | provided by this Section by application, visual
inspection, | ||||||
| 22 | questionnaire, or other reasonable methods. The
determination | ||||||
| 23 | must be made in accordance with guidelines
established by the | ||||||
| 24 | Department. | ||||||
| 25 | (f) For the purposes of this Section: | ||||||
| 26 | "Qualified residence" means real
property, but less any | ||||||
| |||||||
| |||||||
| 1 | portion of that property that is used for
commercial purposes, | ||||||
| 2 | with an equalized assessed value of less than $250,000 that is | ||||||
| 3 | the primary residence of a veteran with a disability disabled | ||||||
| 4 | veteran's primary residence. Property rented for more than 6 | ||||||
| 5 | months is
presumed to be used for commercial purposes. | ||||||
| 6 | "Veteran" means an Illinois resident who has served as a
| ||||||
| 7 | member of the United States Armed Forces on active duty or
| ||||||
| 8 | State active duty, a member of the Illinois National Guard, or
| ||||||
| 9 | a member of the United States Reserve Forces and who has | ||||||
| 10 | received an honorable discharge. | ||||||
| 11 | (Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.)
| ||||||
| 12 | (35 ILCS 200/15-172)
| ||||||
| 13 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
| 14 | Exemption.
| ||||||
| 15 | (a) This Section may be cited as the Senior Citizens | ||||||
| 16 | Assessment
Freeze Homestead Exemption.
| ||||||
| 17 | (b) As used in this Section:
| ||||||
| 18 | "Applicant" means an individual who has filed an | ||||||
| 19 | application under this
Section.
| ||||||
| 20 | "Base amount" means the base year equalized assessed value | ||||||
| 21 | of the residence
plus the first year's equalized assessed value | ||||||
| 22 | of any added improvements which
increased the assessed value of | ||||||
| 23 | the residence after the base year.
| ||||||
| 24 | "Base year" means the taxable year prior to the taxable | ||||||
| 25 | year for which the
applicant first qualifies and applies for | ||||||
| |||||||
| |||||||
| 1 | the exemption provided that in the
prior taxable year the | ||||||
| 2 | property was improved with a permanent structure that
was | ||||||
| 3 | occupied as a residence by the applicant who was liable for | ||||||
| 4 | paying real
property taxes on the property and who was either | ||||||
| 5 | (i) an owner of record of the
property or had legal or | ||||||
| 6 | equitable interest in the property as evidenced by a
written | ||||||
| 7 | instrument or (ii) had a legal or equitable interest as a | ||||||
| 8 | lessee in the
parcel of property that was single family | ||||||
| 9 | residence.
If in any subsequent taxable year for which the | ||||||
| 10 | applicant applies and
qualifies for the exemption the equalized | ||||||
| 11 | assessed value of the residence is
less than the equalized | ||||||
| 12 | assessed value in the existing base year
(provided that such | ||||||
| 13 | equalized assessed value is not
based
on an
assessed value that | ||||||
| 14 | results from a temporary irregularity in the property that
| ||||||
| 15 | reduces the
assessed value for one or more taxable years), then | ||||||
| 16 | that
subsequent taxable year shall become the base year until a | ||||||
| 17 | new base year is
established under the terms of this paragraph. | ||||||
| 18 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
| 19 | shall review (i) all taxable years for which
the
applicant | ||||||
| 20 | applied and qualified for the exemption and (ii) the existing | ||||||
| 21 | base
year.
The assessment officer shall select as the new base | ||||||
| 22 | year the year with the
lowest equalized assessed value.
An | ||||||
| 23 | equalized assessed value that is based on an assessed value | ||||||
| 24 | that results
from a
temporary irregularity in the property that | ||||||
| 25 | reduces the assessed value for one
or more
taxable years shall | ||||||
| 26 | not be considered the lowest equalized assessed value.
The | ||||||
| |||||||
| |||||||
| 1 | selected year shall be the base year for
taxable year 1999 and | ||||||
| 2 | thereafter until a new base year is established under the
terms | ||||||
| 3 | of this paragraph.
| ||||||
| 4 | "Chief County Assessment Officer" means the County | ||||||
| 5 | Assessor or Supervisor of
Assessments of the county in which | ||||||
| 6 | the property is located.
| ||||||
| 7 | "Equalized assessed value" means the assessed value as | ||||||
| 8 | equalized by the
Illinois Department of Revenue.
| ||||||
| 9 | "Household" means the applicant, the spouse of the | ||||||
| 10 | applicant, and all persons
using the residence of the applicant | ||||||
| 11 | as their principal place of residence.
| ||||||
| 12 | "Household income" means the combined income of the members | ||||||
| 13 | of a household
for the calendar year preceding the taxable | ||||||
| 14 | year.
| ||||||
| 15 | "Income" has the same meaning as provided in Section 3.07 | ||||||
| 16 | of the Senior
Citizens and Persons with Disabilities Disabled | ||||||
| 17 | Persons Property Tax Relief
Act, except that, beginning in | ||||||
| 18 | assessment year 2001, "income" does not
include veteran's | ||||||
| 19 | benefits.
| ||||||
| 20 | "Internal Revenue Code of 1986" means the United States | ||||||
| 21 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
| 22 | relating to federal income taxes in effect
for the year | ||||||
| 23 | preceding the taxable year.
| ||||||
| 24 | "Life care facility that qualifies as a cooperative" means | ||||||
| 25 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
| 26 | Act.
| ||||||
| |||||||
| |||||||
| 1 | "Maximum income limitation" means: | ||||||
| 2 | (1) $35,000 prior
to taxable year 1999; | ||||||
| 3 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
| 4 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
| 5 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
| 6 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
| 7 | "Residence" means the principal dwelling place and | ||||||
| 8 | appurtenant structures
used for residential purposes in this | ||||||
| 9 | State occupied on January 1 of the
taxable year by a household | ||||||
| 10 | and so much of the surrounding land, constituting
the parcel | ||||||
| 11 | upon which the dwelling place is situated, as is used for
| ||||||
| 12 | residential purposes. If the Chief County Assessment Officer | ||||||
| 13 | has established a
specific legal description for a portion of | ||||||
| 14 | property constituting the
residence, then that portion of | ||||||
| 15 | property shall be deemed the residence for the
purposes of this | ||||||
| 16 | Section.
| ||||||
| 17 | "Taxable year" means the calendar year during which ad | ||||||
| 18 | valorem property taxes
payable in the next succeeding year are | ||||||
| 19 | levied.
| ||||||
| 20 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
| 21 | assessment freeze
homestead exemption is granted for real | ||||||
| 22 | property that is improved with a
permanent structure that is | ||||||
| 23 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
| 24 | age or older during the taxable year, (ii) has a household | ||||||
| 25 | income that does not exceed the maximum income limitation, | ||||||
| 26 | (iii) is liable for paying real property taxes on
the
property, | ||||||
| |||||||
| |||||||
| 1 | and (iv) is an owner of record of the property or has a legal or
| ||||||
| 2 | equitable interest in the property as evidenced by a written | ||||||
| 3 | instrument. This
homestead exemption shall also apply to a | ||||||
| 4 | leasehold interest in a parcel of
property improved with a | ||||||
| 5 | permanent structure that is a single family residence
that is | ||||||
| 6 | occupied as a residence by a person who (i) is 65 years of age | ||||||
| 7 | or older
during the taxable year, (ii) has a household income | ||||||
| 8 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
| 9 | legal or equitable ownership interest in the property as | ||||||
| 10 | lessee, and (iv)
is liable for the payment of real property | ||||||
| 11 | taxes on that property.
| ||||||
| 12 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
| 13 | the exemption for all taxable years is the equalized assessed | ||||||
| 14 | value of the
residence in the taxable year for which | ||||||
| 15 | application is made minus the base
amount. In all other | ||||||
| 16 | counties, the amount of the exemption is as follows: (i) | ||||||
| 17 | through taxable year 2005 and for taxable year 2007 and | ||||||
| 18 | thereafter, the amount of this exemption shall be the equalized | ||||||
| 19 | assessed value of the
residence in the taxable year for which | ||||||
| 20 | application is made minus the base
amount; and (ii) for
taxable | ||||||
| 21 | year 2006, the amount of the exemption is as follows:
| ||||||
| 22 | (1) For an applicant who has a household income of | ||||||
| 23 | $45,000 or less, the amount of the exemption is the | ||||||
| 24 | equalized assessed value of the
residence in the taxable | ||||||
| 25 | year for which application is made minus the base
amount. | ||||||
| 26 | (2) For an applicant who has a household income | ||||||
| |||||||
| |||||||
| 1 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
| 2 | the exemption is (i) the equalized assessed value of the
| ||||||
| 3 | residence in the taxable year for which application is made | ||||||
| 4 | minus the base
amount (ii) multiplied by 0.8. | ||||||
| 5 | (3) For an applicant who has a household income | ||||||
| 6 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
| 7 | the exemption is (i) the equalized assessed value of the
| ||||||
| 8 | residence in the taxable year for which application is made | ||||||
| 9 | minus the base
amount (ii) multiplied by 0.6. | ||||||
| 10 | (4) For an applicant who has a household income | ||||||
| 11 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
| 12 | the exemption is (i) the equalized assessed value of the
| ||||||
| 13 | residence in the taxable year for which application is made | ||||||
| 14 | minus the base
amount (ii) multiplied by 0.4. | ||||||
| 15 | (5) For an applicant who has a household income | ||||||
| 16 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
| 17 | the exemption is (i) the equalized assessed value of the
| ||||||
| 18 | residence in the taxable year for which application is made | ||||||
| 19 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
| 20 | When the applicant is a surviving spouse of an applicant | ||||||
| 21 | for a prior year for
the same residence for which an exemption | ||||||
| 22 | under this Section has been granted,
the base year and base | ||||||
| 23 | amount for that residence are the same as for the
applicant for | ||||||
| 24 | the prior year.
| ||||||
| 25 | Each year at the time the assessment books are certified to | ||||||
| 26 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
| |||||||
| |||||||
| 1 | give to the County Clerk a list
of the assessed values of | ||||||
| 2 | improvements on each parcel qualifying for this
exemption that | ||||||
| 3 | were added after the base year for this parcel and that
| ||||||
| 4 | increased the assessed value of the property.
| ||||||
| 5 | In the case of land improved with an apartment building | ||||||
| 6 | owned and operated as
a cooperative or a building that is a | ||||||
| 7 | life care facility that qualifies as a
cooperative, the maximum | ||||||
| 8 | reduction from the equalized assessed value of the
property is | ||||||
| 9 | limited to the sum of the reductions calculated for each unit
| ||||||
| 10 | occupied as a residence by a person or persons (i) 65 years of | ||||||
| 11 | age or older, (ii) with a
household income that does not exceed | ||||||
| 12 | the maximum income limitation, (iii) who is liable, by contract | ||||||
| 13 | with the
owner
or owners of record, for paying real property | ||||||
| 14 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
| 15 | legal or equitable interest in the cooperative
apartment | ||||||
| 16 | building, other than a leasehold interest. In the instance of a
| ||||||
| 17 | cooperative where a homestead exemption has been granted under | ||||||
| 18 | this Section,
the cooperative association or its management | ||||||
| 19 | firm shall credit the savings
resulting from that exemption | ||||||
| 20 | only to the apportioned tax liability of the
owner who | ||||||
| 21 | qualified for the exemption. Any person who willfully refuses | ||||||
| 22 | to
credit that savings to an owner who qualifies for the | ||||||
| 23 | exemption is guilty of a
Class B misdemeanor.
| ||||||
| 24 | When a homestead exemption has been granted under this | ||||||
| 25 | Section and an
applicant then becomes a resident of a facility | ||||||
| 26 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
| |||||||
| |||||||
| 1 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
| 2 | Rehabilitation Act of 2013, or the ID/DD Community Care Act, | ||||||
| 3 | the exemption shall be granted in subsequent years so long as | ||||||
| 4 | the
residence (i) continues to be occupied by the qualified | ||||||
| 5 | applicant's spouse or
(ii) if remaining unoccupied, is still | ||||||
| 6 | owned by the qualified applicant for the
homestead exemption.
| ||||||
| 7 | Beginning January 1, 1997, when an individual dies who | ||||||
| 8 | would have qualified
for an exemption under this Section, and | ||||||
| 9 | the surviving spouse does not
independently qualify for this | ||||||
| 10 | exemption because of age, the exemption under
this Section | ||||||
| 11 | shall be granted to the surviving spouse for the taxable year
| ||||||
| 12 | preceding and the taxable
year of the death, provided that, | ||||||
| 13 | except for age, the surviving spouse meets
all
other | ||||||
| 14 | qualifications for the granting of this exemption for those | ||||||
| 15 | years.
| ||||||
| 16 | When married persons maintain separate residences, the | ||||||
| 17 | exemption provided for
in this Section may be claimed by only | ||||||
| 18 | one of such persons and for only one
residence.
| ||||||
| 19 | For taxable year 1994 only, in counties having less than | ||||||
| 20 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
| 21 | submit an application by
February 15, 1995 to the Chief County | ||||||
| 22 | Assessment Officer
of the county in which the property is | ||||||
| 23 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
| 24 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
| 25 | the exemption, a person
may submit an application to the Chief | ||||||
| 26 | County
Assessment Officer of the county in which the property | ||||||
| |||||||
| |||||||
| 1 | is located during such
period as may be specified by the Chief | ||||||
| 2 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
| 3 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
| 4 | give notice of the application period by mail or by | ||||||
| 5 | publication. In
counties having less than 3,000,000 | ||||||
| 6 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
| 7 | to receive the exemption, a person
shall
submit an
application | ||||||
| 8 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
| 9 | Officer of the county in which the property is located. A | ||||||
| 10 | county may, by
ordinance, establish a date for submission of | ||||||
| 11 | applications that is
different than
July 1.
The applicant shall | ||||||
| 12 | submit with the
application an affidavit of the applicant's | ||||||
| 13 | total household income, age,
marital status (and if married the | ||||||
| 14 | name and address of the applicant's spouse,
if known), and | ||||||
| 15 | principal dwelling place of members of the household on January
| ||||||
| 16 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
| 17 | a method for
verifying the accuracy of affidavits filed by | ||||||
| 18 | applicants under this Section, and the Chief County Assessment | ||||||
| 19 | Officer may conduct audits of any taxpayer claiming an | ||||||
| 20 | exemption under this Section to verify that the taxpayer is | ||||||
| 21 | eligible to receive the exemption. Each application shall | ||||||
| 22 | contain or be verified by a written declaration that it is made | ||||||
| 23 | under the penalties of perjury. A taxpayer's signing a | ||||||
| 24 | fraudulent application under this Act is perjury, as defined in | ||||||
| 25 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
| 26 | shall be clearly marked as applications for the Senior
Citizens | ||||||
| |||||||
| |||||||
| 1 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
| 2 | that any taxpayer who receives the exemption is subject to an | ||||||
| 3 | audit by the Chief County Assessment Officer.
| ||||||
| 4 | Notwithstanding any other provision to the contrary, in | ||||||
| 5 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
| 6 | applicant fails
to file the application required by this | ||||||
| 7 | Section in a timely manner and this
failure to file is due to a | ||||||
| 8 | mental or physical condition sufficiently severe so
as to | ||||||
| 9 | render the applicant incapable of filing the application in a | ||||||
| 10 | timely
manner, the Chief County Assessment Officer may extend | ||||||
| 11 | the filing deadline for
a period of 30 days after the applicant | ||||||
| 12 | regains the capability to file the
application, but in no case | ||||||
| 13 | may the filing deadline be extended beyond 3
months of the | ||||||
| 14 | original filing deadline. In order to receive the extension
| ||||||
| 15 | provided in this paragraph, the applicant shall provide the | ||||||
| 16 | Chief County
Assessment Officer with a signed statement from | ||||||
| 17 | the applicant's physician
stating the nature and extent of the | ||||||
| 18 | condition, that, in the
physician's opinion, the condition was | ||||||
| 19 | so severe that it rendered the applicant
incapable of filing | ||||||
| 20 | the application in a timely manner, and the date on which
the | ||||||
| 21 | applicant regained the capability to file the application.
| ||||||
| 22 | Beginning January 1, 1998, notwithstanding any other | ||||||
| 23 | provision to the
contrary, in counties having fewer than | ||||||
| 24 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
| 25 | application required by this Section in a timely manner and
| ||||||
| 26 | this failure to file is due to a mental or physical condition | ||||||
| |||||||
| |||||||
| 1 | sufficiently
severe so as to render the applicant incapable of | ||||||
| 2 | filing the application in a
timely manner, the Chief County | ||||||
| 3 | Assessment Officer may extend the filing
deadline for a period | ||||||
| 4 | of 3 months. In order to receive the extension provided
in this | ||||||
| 5 | paragraph, the applicant shall provide the Chief County | ||||||
| 6 | Assessment
Officer with a signed statement from the applicant's | ||||||
| 7 | physician stating the
nature and extent of the condition, and | ||||||
| 8 | that, in the physician's opinion, the
condition was so severe | ||||||
| 9 | that it rendered the applicant incapable of filing the
| ||||||
| 10 | application in a timely manner.
| ||||||
| 11 | In counties having less than 3,000,000 inhabitants, if an | ||||||
| 12 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
| 13 | denial occurred due to an
error on the part of an assessment
| ||||||
| 14 | official, or his or her agent or employee, then beginning in | ||||||
| 15 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
| 16 | determining the amount of the exemption,
shall be 1993 rather | ||||||
| 17 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
| 18 | exemption shall also include an amount equal to (i) the amount | ||||||
| 19 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
| 20 | as a result of using
1994, rather than 1993, as the base year, | ||||||
| 21 | (ii) the amount of any exemption
denied to the applicant in | ||||||
| 22 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
| 23 | as the base year, and (iii) the amount of the exemption | ||||||
| 24 | erroneously
denied for taxable year 1994.
| ||||||
| 25 | For purposes of this Section, a person who will be 65 years | ||||||
| 26 | of age during the
current taxable year shall be eligible to | ||||||
| |||||||
| |||||||
| 1 | apply for the homestead exemption
during that taxable year. | ||||||
| 2 | Application shall be made during the application
period in | ||||||
| 3 | effect for the county of his or her residence.
| ||||||
| 4 | The Chief County Assessment Officer may determine the | ||||||
| 5 | eligibility of a life
care facility that qualifies as a | ||||||
| 6 | cooperative to receive the benefits
provided by this Section by | ||||||
| 7 | use of an affidavit, application, visual
inspection, | ||||||
| 8 | questionnaire, or other reasonable method in order to insure | ||||||
| 9 | that
the tax savings resulting from the exemption are credited | ||||||
| 10 | by the management
firm to the apportioned tax liability of each | ||||||
| 11 | qualifying resident. The Chief
County Assessment Officer may | ||||||
| 12 | request reasonable proof that the management firm
has so | ||||||
| 13 | credited that exemption.
| ||||||
| 14 | Except as provided in this Section, all information | ||||||
| 15 | received by the chief
county assessment officer or the | ||||||
| 16 | Department from applications filed under this
Section, or from | ||||||
| 17 | any investigation conducted under the provisions of this
| ||||||
| 18 | Section, shall be confidential, except for official purposes or
| ||||||
| 19 | pursuant to official procedures for collection of any State or | ||||||
| 20 | local tax or
enforcement of any civil or criminal penalty or | ||||||
| 21 | sanction imposed by this Act or
by any statute or ordinance | ||||||
| 22 | imposing a State or local tax. Any person who
divulges any such | ||||||
| 23 | information in any manner, except in accordance with a proper
| ||||||
| 24 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
| 25 | Nothing contained in this Section shall prevent the | ||||||
| 26 | Director or chief county
assessment officer from publishing or | ||||||
| |||||||
| |||||||
| 1 | making available reasonable statistics
concerning the | ||||||
| 2 | operation of the exemption contained in this Section in which
| ||||||
| 3 | the contents of claims are grouped into aggregates in such a | ||||||
| 4 | way that
information contained in any individual claim shall | ||||||
| 5 | not be disclosed.
| ||||||
| 6 | (d) Each Chief County Assessment Officer shall annually | ||||||
| 7 | publish a notice
of availability of the exemption provided | ||||||
| 8 | under this Section. The notice
shall be published at least 60 | ||||||
| 9 | days but no more than 75 days prior to the date
on which the | ||||||
| 10 | application must be submitted to the Chief County Assessment
| ||||||
| 11 | Officer of the county in which the property is located. The | ||||||
| 12 | notice shall
appear in a newspaper of general circulation in | ||||||
| 13 | the county.
| ||||||
| 14 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 15 | no reimbursement by the State is required for the | ||||||
| 16 | implementation of any mandate created by this Section.
| ||||||
| 17 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689, | ||||||
| 18 | eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
| 19 | 98-104, eff. 7-22-13.)
| ||||||
| 20 | (35 ILCS 200/15-175)
| ||||||
| 21 | Sec. 15-175. General homestead exemption. | ||||||
| 22 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
| 23 | homestead
property is
entitled to an annual homestead exemption | ||||||
| 24 | limited, except as described here
with relation to | ||||||
| 25 | cooperatives, to a reduction in the equalized assessed value
of | ||||||
| |||||||
| |||||||
| 1 | homestead property equal to the increase in equalized assessed | ||||||
| 2 | value for the
current assessment year above the equalized | ||||||
| 3 | assessed value of the property for
1977, up to the maximum | ||||||
| 4 | reduction set forth below. If however, the 1977
equalized | ||||||
| 5 | assessed value upon which taxes were paid is subsequently | ||||||
| 6 | determined
by local assessing officials, the Property Tax | ||||||
| 7 | Appeal Board, or a court to have
been excessive, the equalized | ||||||
| 8 | assessed value which should have been placed on
the property | ||||||
| 9 | for 1977 shall be used to determine the amount of the | ||||||
| 10 | exemption.
| ||||||
| 11 | (b) Except as provided in Section 15-176, the maximum | ||||||
| 12 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
| 13 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
| 14 | counties. Except as provided in Sections 15-176 and 15-177, for | ||||||
| 15 | taxable years 2004 through 2007, the maximum reduction shall be | ||||||
| 16 | $5,000, for taxable year 2008, the maximum reduction is $5,500, | ||||||
| 17 | and, for taxable years 2009 through 2011, the maximum reduction | ||||||
| 18 | is $6,000 in all counties. For taxable years 2012 and | ||||||
| 19 | thereafter, the maximum reduction is $7,000 in counties with | ||||||
| 20 | 3,000,000 or more
inhabitants
and $6,000 in all other counties. | ||||||
| 21 | If a county has elected to subject itself to the provisions of | ||||||
| 22 | Section 15-176 as provided in subsection (k) of that Section, | ||||||
| 23 | then, for the first taxable year only after the provisions of | ||||||
| 24 | Section 15-176 no longer apply, for owners who, for the taxable | ||||||
| 25 | year, have not been granted a senior citizens assessment freeze | ||||||
| 26 | homestead exemption under Section 15-172 or a long-time | ||||||
| |||||||
| |||||||
| 1 | occupant homestead exemption under Section 15-177, there shall | ||||||
| 2 | be an additional exemption of $5,000 for owners with a | ||||||
| 3 | household income of $30,000 or less.
| ||||||
| 4 | (c) In counties with fewer than 3,000,000 inhabitants, if, | ||||||
| 5 | based on the most
recent assessment, the equalized assessed | ||||||
| 6 | value of
the homestead property for the current assessment year | ||||||
| 7 | is greater than the
equalized assessed value of the property | ||||||
| 8 | for 1977, the owner of the property
shall automatically receive | ||||||
| 9 | the exemption granted under this Section in an
amount equal to | ||||||
| 10 | the increase over the 1977 assessment up to the maximum
| ||||||
| 11 | reduction set forth in this Section.
| ||||||
| 12 | (d) If in any assessment year beginning with the 2000 | ||||||
| 13 | assessment year,
homestead property has a pro-rata valuation | ||||||
| 14 | under
Section 9-180 resulting in an increase in the assessed | ||||||
| 15 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
| 16 | the increase in equalized assessed
value of the property for | ||||||
| 17 | the year of the pro-rata valuation above the
equalized assessed | ||||||
| 18 | value of the property for 1977 shall be applied to the
property | ||||||
| 19 | on a proportionate basis for the period the property qualified | ||||||
| 20 | as
homestead property during the assessment year. The maximum | ||||||
| 21 | proportionate
homestead exemption shall not exceed the maximum | ||||||
| 22 | homestead exemption allowed in
the county under this Section | ||||||
| 23 | divided by 365 and multiplied by the number of
days the | ||||||
| 24 | property qualified as homestead property.
| ||||||
| 25 | (e) The chief county assessment officer may, when | ||||||
| 26 | considering whether to grant a leasehold exemption under this | ||||||
| |||||||
| |||||||
| 1 | Section, require the following conditions to be met: | ||||||
| 2 | (1) that a notarized application for the exemption, | ||||||
| 3 | signed by both the owner and the lessee of the property, | ||||||
| 4 | must be submitted each year during the application period | ||||||
| 5 | in effect for the county in which the property is located; | ||||||
| 6 | (2) that a copy of the lease must be filed with the | ||||||
| 7 | chief county assessment officer by the owner of the | ||||||
| 8 | property at the time the notarized application is | ||||||
| 9 | submitted; | ||||||
| 10 | (3) that the lease must expressly state that the lessee | ||||||
| 11 | is liable for the payment of property taxes; and | ||||||
| 12 | (4) that the lease must include the following language | ||||||
| 13 | in substantially the following form: | ||||||
| 14 | "Lessee shall be liable for the payment of real | ||||||
| 15 | estate taxes with respect to the residence in | ||||||
| 16 | accordance with the terms and conditions of Section | ||||||
| 17 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
| 18 | The permanent real estate index number for the premises | ||||||
| 19 | is (insert number), and, according to the most recent | ||||||
| 20 | property tax bill, the current amount of real estate | ||||||
| 21 | taxes associated with the premises is (insert amount) | ||||||
| 22 | per year. The parties agree that the monthly rent set | ||||||
| 23 | forth above shall be increased or decreased pro rata | ||||||
| 24 | (effective January 1 of each calendar year) to reflect | ||||||
| 25 | any increase or decrease in real estate taxes. Lessee | ||||||
| 26 | shall be deemed to be satisfying Lessee's liability for | ||||||
| |||||||
| |||||||
| 1 | the above mentioned real estate taxes with the monthly | ||||||
| 2 | rent payments as set forth above (or increased or | ||||||
| 3 | decreased as set forth herein).". | ||||||
| 4 | In addition, if there is a change in lessee, or if the | ||||||
| 5 | lessee vacates the property, then the chief county assessment | ||||||
| 6 | officer may require the owner of the property to notify the | ||||||
| 7 | chief county assessment officer of that change. | ||||||
| 8 | This subsection (e) does not apply to leasehold interests | ||||||
| 9 | in property owned by a municipality. | ||||||
| 10 | (f) "Homestead property" under this Section includes | ||||||
| 11 | residential property that is
occupied by its owner or owners as | ||||||
| 12 | his or their principal dwelling place, or
that is a leasehold | ||||||
| 13 | interest on which a single family residence is situated,
which | ||||||
| 14 | is occupied as a residence by a person who has an ownership | ||||||
| 15 | interest
therein, legal or equitable or as a lessee, and on | ||||||
| 16 | which the person is
liable for the payment of property taxes. | ||||||
| 17 | For land improved with
an apartment building owned and operated | ||||||
| 18 | as a cooperative or a building which
is a life care facility as | ||||||
| 19 | defined in Section 15-170 and considered to
be a cooperative | ||||||
| 20 | under Section 15-170, the maximum reduction from the equalized
| ||||||
| 21 | assessed value shall be limited to the increase in the value | ||||||
| 22 | above the
equalized assessed value of the property for 1977, up | ||||||
| 23 | to
the maximum reduction set forth above, multiplied by the | ||||||
| 24 | number of apartments
or units occupied by a person or persons | ||||||
| 25 | who is liable, by contract with the
owner or owners of record, | ||||||
| 26 | for paying property taxes on the property and is an
owner of | ||||||
| |||||||
| |||||||
| 1 | record of a legal or equitable interest in the cooperative
| ||||||
| 2 | apartment building, other than a leasehold interest. For | ||||||
| 3 | purposes of this
Section, the term "life care facility" has the | ||||||
| 4 | meaning stated in Section
15-170.
| ||||||
| 5 | "Household", as used in this Section,
means the owner, the | ||||||
| 6 | spouse of the owner, and all persons using
the
residence of the | ||||||
| 7 | owner as their principal place of residence.
| ||||||
| 8 | "Household income", as used in this Section,
means the | ||||||
| 9 | combined income of the members of a household
for the calendar | ||||||
| 10 | year preceding the taxable year.
| ||||||
| 11 | "Income", as used in this Section,
has the same meaning as | ||||||
| 12 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
| 13 | with Disabilities Disabled Persons Property Tax Relief Act,
| ||||||
| 14 | except that
"income" does not include veteran's benefits.
| ||||||
| 15 | (g) In a cooperative where a homestead exemption has been | ||||||
| 16 | granted, the
cooperative association or its management firm | ||||||
| 17 | shall credit the savings
resulting from that exemption only to | ||||||
| 18 | the apportioned tax liability of the
owner who qualified for | ||||||
| 19 | the exemption. Any person who willfully refuses to so
credit | ||||||
| 20 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
| 21 | (h) Where married persons maintain and reside in separate | ||||||
| 22 | residences qualifying
as homestead property, each residence | ||||||
| 23 | shall receive 50% of the total reduction
in equalized assessed | ||||||
| 24 | valuation provided by this Section.
| ||||||
| 25 | (i) In all counties, the assessor
or chief county | ||||||
| 26 | assessment officer may determine the
eligibility of | ||||||
| |||||||
| |||||||
| 1 | residential property to receive the homestead exemption and the | ||||||
| 2 | amount of the exemption by
application, visual inspection, | ||||||
| 3 | questionnaire or other reasonable methods. The
determination | ||||||
| 4 | shall be made in accordance with guidelines established by the
| ||||||
| 5 | Department, provided that the taxpayer applying for an | ||||||
| 6 | additional general exemption under this Section shall submit to | ||||||
| 7 | the chief county assessment officer an application with an | ||||||
| 8 | affidavit of the applicant's total household income, age, | ||||||
| 9 | marital status (and, if married, the name and address of the | ||||||
| 10 | applicant's spouse, if known), and principal dwelling place of | ||||||
| 11 | members of the household on January 1 of the taxable year. The | ||||||
| 12 | Department shall issue guidelines establishing a method for | ||||||
| 13 | verifying the accuracy of the affidavits filed by applicants | ||||||
| 14 | under this paragraph. The applications shall be clearly marked | ||||||
| 15 | as applications for the Additional General Homestead | ||||||
| 16 | Exemption.
| ||||||
| 17 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
| 18 | the event of a sale
of
homestead property the homestead | ||||||
| 19 | exemption shall remain in effect for the
remainder of the | ||||||
| 20 | assessment year of the sale. The assessor or chief county
| ||||||
| 21 | assessment officer may require the new
owner of the property to | ||||||
| 22 | apply for the homestead exemption for the following
assessment | ||||||
| 23 | year.
| ||||||
| 24 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
| 25 | Act, no reimbursement by the State is required for the | ||||||
| 26 | implementation of any mandate created by this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12; | ||||||
| 2 | 98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)
| ||||||
| 3 | (35 ILCS 200/18-185)
| ||||||
| 4 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
| 5 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
| 6 | in this Division 5:
| ||||||
| 7 | "Consumer Price Index" means the Consumer Price Index for | ||||||
| 8 | All Urban
Consumers for all items published by the United | ||||||
| 9 | States Department of Labor.
| ||||||
| 10 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
| 11 | percentage increase
in the Consumer Price Index during the | ||||||
| 12 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
| 13 | of increase approved by voters under Section 18-205.
| ||||||
| 14 | "Affected county" means a county of 3,000,000 or more | ||||||
| 15 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
| 16 | more inhabitants.
| ||||||
| 17 | "Taxing district" has the same meaning provided in Section | ||||||
| 18 | 1-150, except as
otherwise provided in this Section. For the | ||||||
| 19 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
| 20 | only each non-home rule taxing district having the
majority of | ||||||
| 21 | its
1990 equalized assessed value within any county or counties | ||||||
| 22 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
| 23 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
| 24 | only each non-home rule taxing district
subject to this Law | ||||||
| 25 | before the 1995 levy year and each non-home rule
taxing | ||||||
| |||||||
| |||||||
| 1 | district not subject to this Law before the 1995 levy year | ||||||
| 2 | having the
majority of its 1994 equalized assessed value in an | ||||||
| 3 | affected county or
counties. Beginning with the levy year in
| ||||||
| 4 | which this Law becomes applicable to a taxing district as
| ||||||
| 5 | provided in Section 18-213, "taxing district" also includes | ||||||
| 6 | those taxing
districts made subject to this Law as provided in | ||||||
| 7 | Section 18-213.
| ||||||
| 8 | "Aggregate extension" for taxing districts to which this | ||||||
| 9 | Law applied before
the 1995 levy year means the annual | ||||||
| 10 | corporate extension for the taxing
district and those special | ||||||
| 11 | purpose extensions that are made annually for
the taxing | ||||||
| 12 | district, excluding special purpose extensions: (a) made for | ||||||
| 13 | the
taxing district to pay interest or principal on general | ||||||
| 14 | obligation bonds
that were approved by referendum; (b) made for | ||||||
| 15 | any taxing district to pay
interest or principal on general | ||||||
| 16 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
| 17 | any taxing district to pay interest or principal on bonds
| ||||||
| 18 | issued to refund or continue to refund those bonds issued | ||||||
| 19 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
| 20 | interest or principal on bonds
issued to refund or continue to | ||||||
| 21 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
| 22 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
| 23 | principal on revenue bonds issued before October 1, 1991 for | ||||||
| 24 | payment of
which a property tax levy or the full faith and | ||||||
| 25 | credit of the unit of local
government is pledged; however, a | ||||||
| 26 | tax for the payment of interest or principal
on those bonds | ||||||
| |||||||
| |||||||
| 1 | shall be made only after the governing body of the unit of | ||||||
| 2 | local
government finds that all other sources for payment are | ||||||
| 3 | insufficient to make
those payments; (f) made for payments | ||||||
| 4 | under a building commission lease when
the lease payments are | ||||||
| 5 | for the retirement of bonds issued by the commission
before | ||||||
| 6 | October 1, 1991, to pay for the building project; (g) made for | ||||||
| 7 | payments
due under installment contracts entered into before | ||||||
| 8 | October 1, 1991;
(h) made for payments of principal and | ||||||
| 9 | interest on bonds issued under the
Metropolitan Water | ||||||
| 10 | Reclamation District Act to finance construction projects
| ||||||
| 11 | initiated before October 1, 1991; (i) made for payments of | ||||||
| 12 | principal and
interest on limited bonds, as defined in Section | ||||||
| 13 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
| 14 | exceed the debt service extension base less
the amount in items | ||||||
| 15 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
| 16 | obligations, except obligations initially issued pursuant to
| ||||||
| 17 | referendum; (j) made for payments of principal and interest on | ||||||
| 18 | bonds
issued under Section 15 of the Local Government Debt | ||||||
| 19 | Reform Act; (k)
made
by a school district that participates in | ||||||
| 20 | the Special Education District of
Lake County, created by | ||||||
| 21 | special education joint agreement under Section
10-22.31 of the | ||||||
| 22 | School Code, for payment of the school district's share of the
| ||||||
| 23 | amounts required to be contributed by the Special Education | ||||||
| 24 | District of Lake
County to the Illinois Municipal Retirement | ||||||
| 25 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
| 26 | of any extension under this item (k) shall be
certified by the | ||||||
| |||||||
| |||||||
| 1 | school district to the county clerk; (l) made to fund
expenses | ||||||
| 2 | of providing joint recreational programs for persons with | ||||||
| 3 | disabilities the handicapped under
Section 5-8 of
the
Park | ||||||
| 4 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 5 | Code; (m) made for temporary relocation loan repayment purposes | ||||||
| 6 | pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n) | ||||||
| 7 | made for payment of principal and interest on any bonds issued | ||||||
| 8 | under the authority of Section 17-2.2d of the School Code; (o) | ||||||
| 9 | made for contributions to a firefighter's pension fund created | ||||||
| 10 | under Article 4 of the Illinois Pension Code, to the extent of | ||||||
| 11 | the amount certified under item (5) of Section 4-134 of the | ||||||
| 12 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
| 13 | first year after a township assumes the rights, powers, duties, | ||||||
| 14 | assets, property, liabilities, obligations, and
| ||||||
| 15 | responsibilities of a road district abolished under the | ||||||
| 16 | provisions of Section 6-133 of the Illinois Highway Code.
| ||||||
| 17 | "Aggregate extension" for the taxing districts to which | ||||||
| 18 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
| 19 | districts subject to this Law
in
accordance with Section | ||||||
| 20 | 18-213) means the annual corporate extension for the
taxing | ||||||
| 21 | district and those special purpose extensions that are made | ||||||
| 22 | annually for
the taxing district, excluding special purpose | ||||||
| 23 | extensions: (a) made for the
taxing district to pay interest or | ||||||
| 24 | principal on general obligation bonds that
were approved by | ||||||
| 25 | referendum; (b) made for any taxing district to pay interest
or | ||||||
| 26 | principal on general obligation bonds issued before March 1, | ||||||
| |||||||
| |||||||
| 1 | 1995; (c) made
for any taxing district to pay interest or | ||||||
| 2 | principal on bonds issued to refund
or continue to refund those | ||||||
| 3 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
| 4 | district to pay interest or principal on bonds issued to refund | ||||||
| 5 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
| 6 | were approved by
referendum; (e) made for any taxing district | ||||||
| 7 | to pay interest or principal on
revenue bonds issued before | ||||||
| 8 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
| 9 | full faith and credit of the unit of local government is | ||||||
| 10 | pledged;
however, a tax for the payment of interest or | ||||||
| 11 | principal on those bonds shall be
made only after the governing | ||||||
| 12 | body of the unit of local government finds that
all other | ||||||
| 13 | sources for payment are insufficient to make those payments; | ||||||
| 14 | (f) made
for payments under a building commission lease when | ||||||
| 15 | the lease payments are for
the retirement of bonds issued by | ||||||
| 16 | the commission before March 1, 1995 to
pay for the building | ||||||
| 17 | project; (g) made for payments due under installment
contracts | ||||||
| 18 | entered into before March 1, 1995; (h) made for payments of
| ||||||
| 19 | principal and interest on bonds issued under the Metropolitan | ||||||
| 20 | Water Reclamation
District Act to finance construction | ||||||
| 21 | projects initiated before October 1,
1991; (h-4) made for | ||||||
| 22 | stormwater management purposes by the Metropolitan Water | ||||||
| 23 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
| 24 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
| 25 | payments of principal and interest on limited bonds,
as defined | ||||||
| 26 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
| |||||||
| |||||||
| 1 | amount
not to exceed the debt service extension base less the | ||||||
| 2 | amount in items (b),
(c), and (e) of this definition for | ||||||
| 3 | non-referendum obligations, except
obligations initially | ||||||
| 4 | issued pursuant to referendum and bonds described in
subsection | ||||||
| 5 | (h) of this definition; (j) made for payments of
principal and | ||||||
| 6 | interest on bonds issued under Section 15 of the Local | ||||||
| 7 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
| 8 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
| 9 | issued under Section 20a of the Chicago
Park District Act for | ||||||
| 10 | aquarium or
museum projects; (l) made for payments of principal | ||||||
| 11 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
| 12 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
| 13 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
| 14 | 42 of the Cook County
Forest Preserve District Act for | ||||||
| 15 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
| 16 | the Cook County Forest Preserve District Act for
botanical | ||||||
| 17 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
| 18 | School Code, whether levied annually or not;
(n) made to fund | ||||||
| 19 | expenses of providing joint recreational programs for persons | ||||||
| 20 | with disabilities the
handicapped under Section 5-8 of the Park
| ||||||
| 21 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 22 | Code;
(o) made by the
Chicago Park
District for recreational | ||||||
| 23 | programs for persons with disabilities the handicapped under | ||||||
| 24 | subsection (c) of
Section
7.06 of the Chicago Park District | ||||||
| 25 | Act; (p) made for contributions to a firefighter's pension fund | ||||||
| 26 | created under Article 4 of the Illinois Pension Code, to the | ||||||
| |||||||
| |||||||
| 1 | extent of the amount certified under item (5) of Section 4-134 | ||||||
| 2 | of the Illinois Pension Code; and (q) made by Ford Heights | ||||||
| 3 | School District 169 under Section 17-9.02 of the School Code.
| ||||||
| 4 | "Aggregate extension" for all taxing districts to which | ||||||
| 5 | this Law applies in
accordance with Section 18-213, except for | ||||||
| 6 | those taxing districts subject to
paragraph (2) of subsection | ||||||
| 7 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
| 8 | the
taxing district and those special purpose extensions that | ||||||
| 9 | are made annually for
the taxing district, excluding special | ||||||
| 10 | purpose extensions: (a) made for the
taxing district to pay | ||||||
| 11 | interest or principal on general obligation bonds that
were | ||||||
| 12 | approved by referendum; (b) made for any taxing district to pay | ||||||
| 13 | interest
or principal on general obligation bonds issued before | ||||||
| 14 | the date on which the
referendum making this
Law applicable to | ||||||
| 15 | the taxing district is held; (c) made
for any taxing district | ||||||
| 16 | to pay interest or principal on bonds issued to refund
or | ||||||
| 17 | continue to refund those bonds issued before the date on which | ||||||
| 18 | the
referendum making this Law
applicable to the taxing | ||||||
| 19 | district is held;
(d) made for any
taxing district to pay | ||||||
| 20 | interest or principal on bonds issued to refund or
continue to | ||||||
| 21 | refund bonds issued after the date on which the referendum | ||||||
| 22 | making
this Law
applicable to the taxing district is held if | ||||||
| 23 | the bonds were approved by
referendum after the date on which | ||||||
| 24 | the referendum making this Law
applicable to the taxing | ||||||
| 25 | district is held; (e) made for any
taxing district to pay | ||||||
| 26 | interest or principal on
revenue bonds issued before the date | ||||||
| |||||||
| |||||||
| 1 | on which the referendum making this Law
applicable to the
| ||||||
| 2 | taxing district is held for payment of which a property tax
| ||||||
| 3 | levy or the full faith and credit of the unit of local | ||||||
| 4 | government is pledged;
however, a tax for the payment of | ||||||
| 5 | interest or principal on those bonds shall be
made only after | ||||||
| 6 | the governing body of the unit of local government finds that
| ||||||
| 7 | all other sources for payment are insufficient to make those | ||||||
| 8 | payments; (f) made
for payments under a building commission | ||||||
| 9 | lease when the lease payments are for
the retirement of bonds | ||||||
| 10 | issued by the commission before the date on which the
| ||||||
| 11 | referendum making this
Law applicable to the taxing district is | ||||||
| 12 | held to
pay for the building project; (g) made for payments due | ||||||
| 13 | under installment
contracts entered into before the date on | ||||||
| 14 | which the referendum making this Law
applicable to
the taxing | ||||||
| 15 | district is held;
(h) made for payments
of principal and | ||||||
| 16 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
| 17 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
| 18 | service extension base less the amount in items (b),
(c), and | ||||||
| 19 | (e) of this definition for non-referendum obligations, except
| ||||||
| 20 | obligations initially issued pursuant to referendum; (i) made | ||||||
| 21 | for payments
of
principal and interest on bonds issued under | ||||||
| 22 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
| 23 | for a qualified airport authority to pay interest or principal | ||||||
| 24 | on
general obligation bonds issued for the purpose of paying | ||||||
| 25 | obligations due
under, or financing airport facilities | ||||||
| 26 | required to be acquired, constructed,
installed or equipped | ||||||
| |||||||
| |||||||
| 1 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
| 2 | not including any amendments to such a contract taking effect | ||||||
| 3 | on
or after that date); (k) made to fund expenses of providing | ||||||
| 4 | joint
recreational programs for persons with disabilities the | ||||||
| 5 | handicapped under Section 5-8 of
the
Park District Code or | ||||||
| 6 | Section 11-95-14 of the Illinois Municipal Code; (l) made for | ||||||
| 7 | contributions to a firefighter's pension fund created under | ||||||
| 8 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
| 9 | amount certified under item (5) of Section 4-134 of the | ||||||
| 10 | Illinois Pension Code; and (m) made for the taxing district to | ||||||
| 11 | pay interest or principal on general obligation bonds issued | ||||||
| 12 | pursuant to Section 19-3.10 of the School Code.
| ||||||
| 13 | "Aggregate extension" for all taxing districts to which | ||||||
| 14 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
| 15 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
| 16 | the
taxing district and those special purpose extensions that | ||||||
| 17 | are made annually for
the taxing district, excluding special | ||||||
| 18 | purpose extensions: (a) made for the
taxing district to pay | ||||||
| 19 | interest or principal on general obligation bonds that
were | ||||||
| 20 | approved by referendum; (b) made for any taxing district to pay | ||||||
| 21 | interest
or principal on general obligation bonds issued before | ||||||
| 22 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
| 23 | any taxing district to pay interest or principal on bonds | ||||||
| 24 | issued to refund
or continue to refund those bonds issued | ||||||
| 25 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
| 26 | made for any
taxing district to pay interest or principal on | ||||||
| |||||||
| |||||||
| 1 | bonds issued to refund or
continue to refund bonds issued after | ||||||
| 2 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
| 3 | were approved by referendum after the effective date of
this | ||||||
| 4 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
| 5 | interest or principal on
revenue bonds issued before the | ||||||
| 6 | effective date of this amendatory Act of 1997
for payment of | ||||||
| 7 | which a property tax
levy or the full faith and credit of the | ||||||
| 8 | unit of local government is pledged;
however, a tax for the | ||||||
| 9 | payment of interest or principal on those bonds shall be
made | ||||||
| 10 | only after the governing body of the unit of local government | ||||||
| 11 | finds that
all other sources for payment are insufficient to | ||||||
| 12 | make those payments; (f) made
for payments under a building | ||||||
| 13 | commission lease when the lease payments are for
the retirement | ||||||
| 14 | of bonds issued by the commission before the effective date
of | ||||||
| 15 | this amendatory Act of 1997
to
pay for the building project; | ||||||
| 16 | (g) made for payments due under installment
contracts entered | ||||||
| 17 | into before the effective date of this amendatory Act of
1997;
| ||||||
| 18 | (h) made for payments
of principal and interest on limited | ||||||
| 19 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
| 20 | Reform Act, in an amount
not to exceed the debt service | ||||||
| 21 | extension base less the amount in items (b),
(c), and (e) of | ||||||
| 22 | this definition for non-referendum obligations, except
| ||||||
| 23 | obligations initially issued pursuant to referendum; (i) made | ||||||
| 24 | for payments
of
principal and interest on bonds issued under | ||||||
| 25 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
| 26 | for a qualified airport authority to pay interest or principal | ||||||
| |||||||
| |||||||
| 1 | on
general obligation bonds issued for the purpose of paying | ||||||
| 2 | obligations due
under, or financing airport facilities | ||||||
| 3 | required to be acquired, constructed,
installed or equipped | ||||||
| 4 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
| 5 | not including any amendments to such a contract taking effect | ||||||
| 6 | on
or after that date); (k) made to fund expenses of providing | ||||||
| 7 | joint
recreational programs for persons with disabilities the | ||||||
| 8 | handicapped under Section 5-8 of
the
Park District Code or | ||||||
| 9 | Section 11-95-14 of the Illinois Municipal Code; and (l) made | ||||||
| 10 | for contributions to a firefighter's pension fund created under | ||||||
| 11 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
| 12 | amount certified under item (5) of Section 4-134 of the | ||||||
| 13 | Illinois Pension Code.
| ||||||
| 14 | "Debt service extension base" means an amount equal to that | ||||||
| 15 | portion of the
extension for a taxing district for the 1994 | ||||||
| 16 | levy year, or for those taxing
districts subject to this Law in | ||||||
| 17 | accordance with Section 18-213, except for
those subject to | ||||||
| 18 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
| 19 | year in which the referendum making this Law applicable to the | ||||||
| 20 | taxing district
is held, or for those taxing districts subject | ||||||
| 21 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
| 22 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
| 23 | extension for payment of principal and interest on bonds issued | ||||||
| 24 | by the taxing
district without referendum, but not including | ||||||
| 25 | excluded non-referendum bonds. For park districts (i) that were | ||||||
| 26 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
| |||||||
| |||||||
| 1 | extension for the 1994 levy
year for the payment of principal | ||||||
| 2 | and interest on bonds issued by the park
district without | ||||||
| 3 | referendum (but not including excluded non-referendum bonds)
| ||||||
| 4 | was less than 51% of the amount for the 1991 levy year | ||||||
| 5 | constituting an
extension for payment of principal and interest | ||||||
| 6 | on bonds issued by the park
district without referendum (but | ||||||
| 7 | not including excluded non-referendum bonds),
"debt service | ||||||
| 8 | extension base" means an amount equal to that portion of the
| ||||||
| 9 | extension for the 1991 levy year constituting an extension for | ||||||
| 10 | payment of
principal and interest on bonds issued by the park | ||||||
| 11 | district without referendum
(but not including excluded | ||||||
| 12 | non-referendum bonds). A debt service extension base | ||||||
| 13 | established or increased at any time pursuant to any provision | ||||||
| 14 | of this Law, except Section 18-212, shall be increased each | ||||||
| 15 | year commencing with the later of (i) the 2009 levy year or | ||||||
| 16 | (ii) the first levy year in which this Law becomes applicable | ||||||
| 17 | to the taxing district, by the lesser of 5% or the percentage | ||||||
| 18 | increase in the Consumer Price Index during the 12-month | ||||||
| 19 | calendar year preceding the levy year. The debt service | ||||||
| 20 | extension
base may be established or increased as provided | ||||||
| 21 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
| 22 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
| 23 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
| 24 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
| 25 | Local Government Debt Reform Act; or (iii) refunding | ||||||
| 26 | obligations issued
to refund or to continue to refund | ||||||
| |||||||
| |||||||
| 1 | obligations initially issued pursuant to
referendum.
| ||||||
| 2 | "Special purpose extensions" include, but are not limited | ||||||
| 3 | to, extensions
for levies made on an annual basis for | ||||||
| 4 | unemployment and workers'
compensation, self-insurance, | ||||||
| 5 | contributions to pension plans, and extensions
made pursuant to | ||||||
| 6 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
| 7 | district's permanent road fund whether levied annually or not. | ||||||
| 8 | The
extension for a special service area is not included in the
| ||||||
| 9 | aggregate extension.
| ||||||
| 10 | "Aggregate extension base" means the taxing district's | ||||||
| 11 | last preceding
aggregate extension as adjusted under Sections | ||||||
| 12 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
| 13 | shall be made for the 2007 levy year and all subsequent levy | ||||||
| 14 | years whenever one or more counties within which a taxing | ||||||
| 15 | district is located (i) used estimated valuations or rates when | ||||||
| 16 | extending taxes in the taxing district for the last preceding | ||||||
| 17 | levy year that resulted in the over or under extension of | ||||||
| 18 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
| 19 | last preceding levy year as required by Section 18-135(c). | ||||||
| 20 | Whenever an adjustment is required under Section 18-135, the | ||||||
| 21 | aggregate extension base of the taxing district shall be equal | ||||||
| 22 | to the amount that the aggregate extension of the taxing | ||||||
| 23 | district would have been for the last preceding levy year if | ||||||
| 24 | either or both (i) actual, rather than estimated, valuations or | ||||||
| 25 | rates had been used to calculate the extension of taxes for the | ||||||
| 26 | last levy year, or (ii) the tax extension for the last | ||||||
| |||||||
| |||||||
| 1 | preceding levy year had not been adjusted as required by | ||||||
| 2 | subsection (c) of Section 18-135.
| ||||||
| 3 | Notwithstanding any other provision of law, for levy year | ||||||
| 4 | 2012, the aggregate extension base for West Northfield School | ||||||
| 5 | District No. 31 in Cook County shall be $12,654,592. | ||||||
| 6 | "Levy year" has the same meaning as "year" under Section
| ||||||
| 7 | 1-155.
| ||||||
| 8 | "New property" means (i) the assessed value, after final | ||||||
| 9 | board of review or
board of appeals action, of new improvements | ||||||
| 10 | or additions to existing
improvements on any parcel of real | ||||||
| 11 | property that increase the assessed value of
that real property | ||||||
| 12 | during the levy year multiplied by the equalization factor
| ||||||
| 13 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
| 14 | value, after
final board of review or board of appeals action, | ||||||
| 15 | of real property not exempt
from real estate taxation, which | ||||||
| 16 | real property was exempt from real estate
taxation for any | ||||||
| 17 | portion of the immediately preceding levy year, multiplied by
| ||||||
| 18 | the equalization factor issued by the Department under Section | ||||||
| 19 | 17-30, including the assessed value, upon final stabilization | ||||||
| 20 | of occupancy after new construction is complete, of any real | ||||||
| 21 | property located within the boundaries of an otherwise or | ||||||
| 22 | previously exempt military reservation that is intended for | ||||||
| 23 | residential use and owned by or leased to a private corporation | ||||||
| 24 | or other entity,
(iii) in counties that classify in accordance | ||||||
| 25 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
| 26 | incentive property's additional assessed value
resulting from | ||||||
| |||||||
| |||||||
| 1 | a
scheduled increase in the level of assessment as applied to | ||||||
| 2 | the first year
final board of
review market value, and (iv) any | ||||||
| 3 | increase in assessed value due to oil or gas production from an | ||||||
| 4 | oil or gas well required to be permitted under the Hydraulic | ||||||
| 5 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
| 6 | for during the previous levy year.
In addition, the county | ||||||
| 7 | clerk in a county containing a population of
3,000,000 or more | ||||||
| 8 | shall include in the 1997
recovered tax increment value for any | ||||||
| 9 | school district, any recovered tax
increment value that was | ||||||
| 10 | applicable to the 1995 tax year calculations.
| ||||||
| 11 | "Qualified airport authority" means an airport authority | ||||||
| 12 | organized under
the Airport Authorities Act and located in a | ||||||
| 13 | county bordering on the State of
Wisconsin and having a | ||||||
| 14 | population in excess of 200,000 and not greater than
500,000.
| ||||||
| 15 | "Recovered tax increment value" means, except as otherwise | ||||||
| 16 | provided in this
paragraph, the amount of the current year's | ||||||
| 17 | equalized assessed value, in the
first year after a | ||||||
| 18 | municipality terminates
the designation of an area as a | ||||||
| 19 | redevelopment project area previously
established under the | ||||||
| 20 | Tax Increment Allocation Development Act in the Illinois
| ||||||
| 21 | Municipal Code, previously established under the Industrial | ||||||
| 22 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
| 23 | established under the Economic Development Project Area Tax | ||||||
| 24 | Increment Act of 1995, or previously established under the | ||||||
| 25 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
| 26 | taxable lot, block,
tract, or parcel of real property in the | ||||||
| |||||||
| |||||||
| 1 | redevelopment project area over and
above the initial equalized | ||||||
| 2 | assessed value of each property in the
redevelopment project | ||||||
| 3 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
| 4 | the recovered tax
increment value for a non-home rule taxing | ||||||
| 5 | district that first became subject
to this Law for the 1995 | ||||||
| 6 | levy year because a majority of its 1994 equalized
assessed | ||||||
| 7 | value was in an affected county or counties shall be increased | ||||||
| 8 | if a
municipality terminated the designation of an area in 1993 | ||||||
| 9 | as a redevelopment
project area previously established under | ||||||
| 10 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
| 11 | Municipal Code, previously established under
the Industrial | ||||||
| 12 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
| 13 | established under the Economic Development Area Tax Increment | ||||||
| 14 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
| 15 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
| 16 | real property in the redevelopment project area over
and above | ||||||
| 17 | the initial equalized assessed value of each property in the
| ||||||
| 18 | redevelopment project area.
In the first year after a | ||||||
| 19 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
| 20 | real property from a
redevelopment project area established | ||||||
| 21 | under the Tax Increment Allocation
Development Act in the | ||||||
| 22 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
| 23 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
| 24 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
| 25 | means the amount of the current year's equalized assessed value | ||||||
| 26 | of each taxable
lot, block, tract, or parcel of real property | ||||||
| |||||||
| |||||||
| 1 | removed from the redevelopment
project area over and above the | ||||||
| 2 | initial equalized assessed value of that real
property before | ||||||
| 3 | removal from the redevelopment project area.
| ||||||
| 4 | Except as otherwise provided in this Section, "limiting | ||||||
| 5 | rate" means a
fraction the numerator of which is the last
| ||||||
| 6 | preceding aggregate extension base times an amount equal to one | ||||||
| 7 | plus the
extension limitation defined in this Section and the | ||||||
| 8 | denominator of which
is the current year's equalized assessed | ||||||
| 9 | value of all real property in the
territory under the | ||||||
| 10 | jurisdiction of the taxing district during the prior
levy year. | ||||||
| 11 | For those taxing districts that reduced their aggregate
| ||||||
| 12 | extension for the last preceding levy year, the highest | ||||||
| 13 | aggregate extension
in any of the last 3 preceding levy years | ||||||
| 14 | shall be used for the purpose of
computing the limiting rate. | ||||||
| 15 | The denominator shall not include new
property or the recovered | ||||||
| 16 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
| 17 | limiting rate increase has been approved at an election held | ||||||
| 18 | after March 21, 2006, then (i) the otherwise applicable | ||||||
| 19 | limiting rate shall be increased by the amount of the new rate | ||||||
| 20 | or shall be reduced by the amount of the rate decrease, as the | ||||||
| 21 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
| 22 | the limiting rate shall be equal to the rate set forth
in the | ||||||
| 23 | proposition approved by the voters for each of the years | ||||||
| 24 | specified in the proposition, after
which the limiting rate of | ||||||
| 25 | the taxing district shall be calculated as otherwise provided. | ||||||
| 26 | In the case of a taxing district that obtained referendum | ||||||
| |||||||
| |||||||
| 1 | approval for an increased limiting rate on March 20, 2012, the | ||||||
| 2 | limiting rate for tax year 2012 shall be the rate that | ||||||
| 3 | generates the approximate total amount of taxes extendable for | ||||||
| 4 | that tax year, as set forth in the proposition approved by the | ||||||
| 5 | voters; this rate shall be the final rate applied by the county | ||||||
| 6 | clerk for the aggregate of all capped funds of the district for | ||||||
| 7 | tax year 2012.
| ||||||
| 8 | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, | ||||||
| 9 | eff. 3-29-13; 98-23, eff. 6-17-13.)
| ||||||
| 10 | (35 ILCS 200/20-15)
| ||||||
| 11 | Sec. 20-15. Information on bill or separate statement. | ||||||
| 12 | There shall be
printed on each bill, or on a separate slip | ||||||
| 13 | which shall be mailed with the
bill:
| ||||||
| 14 | (a) a statement itemizing the rate at which taxes have | ||||||
| 15 | been extended for
each of the taxing districts in the | ||||||
| 16 | county in whose district the property is
located, and in | ||||||
| 17 | those counties utilizing
electronic data processing | ||||||
| 18 | equipment the dollar amount of tax due from the
person | ||||||
| 19 | assessed allocable to each of those taxing districts, | ||||||
| 20 | including a
separate statement of the dollar amount of tax | ||||||
| 21 | due which is allocable to a tax
levied under the Illinois | ||||||
| 22 | Local Library Act or to any other tax levied by a
| ||||||
| 23 | municipality or township for public library purposes,
| ||||||
| 24 | (b) a separate statement for each of the taxing | ||||||
| 25 | districts of the dollar
amount of tax due which is | ||||||
| |||||||
| |||||||
| 1 | allocable to a tax levied under the Illinois Pension
Code | ||||||
| 2 | or to any other tax levied by a municipality or township | ||||||
| 3 | for public
pension or retirement purposes,
| ||||||
| 4 | (c) the total tax rate,
| ||||||
| 5 | (d) the total amount of tax due, and
| ||||||
| 6 | (e) the amount by which the total tax and the tax | ||||||
| 7 | allocable to each taxing
district differs from the | ||||||
| 8 | taxpayer's last prior tax bill.
| ||||||
| 9 | The county treasurer shall ensure that only those taxing | ||||||
| 10 | districts in
which a parcel of property is located shall be | ||||||
| 11 | listed on the bill for that
property.
| ||||||
| 12 | In all counties the statement shall also provide:
| ||||||
| 13 | (1) the property index number or other suitable | ||||||
| 14 | description,
| ||||||
| 15 | (2) the assessment of the property,
| ||||||
| 16 | (3) the statutory amount of each homestead exemption | ||||||
| 17 | applied to the property, | ||||||
| 18 | (4) the assessed value of the property after | ||||||
| 19 | application of all homestead exemptions,
| ||||||
| 20 | (5) the equalization factors imposed by the county and | ||||||
| 21 | by the Department,
and
| ||||||
| 22 | (6) the equalized assessment resulting from the | ||||||
| 23 | application of the
equalization factors to the basic | ||||||
| 24 | assessment.
| ||||||
| 25 | In all counties which do not classify property for purposes | ||||||
| 26 | of taxation, for
property on which a single family residence is | ||||||
| |||||||
| |||||||
| 1 | situated the statement shall
also include a statement to | ||||||
| 2 | reflect the fair cash value determined for the
property. In all | ||||||
| 3 | counties which classify property for purposes of taxation in
| ||||||
| 4 | accordance with Section 4 of Article IX of the Illinois | ||||||
| 5 | Constitution, for
parcels of residential property in the lowest | ||||||
| 6 | assessment classification the
statement shall also include a | ||||||
| 7 | statement to reflect the fair cash value
determined for the | ||||||
| 8 | property.
| ||||||
| 9 | In all counties, the statement must include information | ||||||
| 10 | that certain
taxpayers may be eligible for tax exemptions, | ||||||
| 11 | abatements, and other assistance programs and that, for more | ||||||
| 12 | information, taxpayers should consult with the office of their | ||||||
| 13 | township or county assessor and with the Illinois Department of | ||||||
| 14 | Revenue.
| ||||||
| 15 | In all counties, the statement shall include information | ||||||
| 16 | that certain
taxpayers may be eligible for the Senior Citizens | ||||||
| 17 | and Persons with Disabilities Disabled Persons Property
Tax | ||||||
| 18 | Relief Act and that applications are
available from the | ||||||
| 19 | Illinois Department on Aging.
| ||||||
| 20 | In counties which use the estimated or accelerated billing | ||||||
| 21 | methods, these
statements shall only be provided with the final | ||||||
| 22 | installment of taxes due. The
provisions of this Section create | ||||||
| 23 | a mandatory statutory duty. They are not
merely directory or | ||||||
| 24 | discretionary. The failure or neglect of the collector to
mail | ||||||
| 25 | the bill, or the failure of the taxpayer to receive the bill, | ||||||
| 26 | shall not
affect the validity of any tax, or the liability for | ||||||
| |||||||
| |||||||
| 1 | the payment of any tax.
| ||||||
| 2 | (Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)
| ||||||
| 3 | (35 ILCS 200/21-27)
| ||||||
| 4 | Sec. 21-27. Waiver of interest penalty. | ||||||
| 5 | (a) On the recommendation
of the county treasurer, the | ||||||
| 6 | county board may adopt a resolution under which an
interest | ||||||
| 7 | penalty for the delinquent payment of taxes for any year that
| ||||||
| 8 | otherwise would be imposed under Section 21-15, 21-20, or 21-25 | ||||||
| 9 | shall be waived
in the case of any person who meets all of the | ||||||
| 10 | following criteria:
| ||||||
| 11 | (1) The person is determined eligible for a grant under | ||||||
| 12 | the Senior
Citizens and Persons with Disabilities Disabled | ||||||
| 13 | Persons Property Tax Relief
Act with respect to the taxes | ||||||
| 14 | for that year.
| ||||||
| 15 | (2) The person requests, in writing, on a form approved | ||||||
| 16 | by the county
treasurer, a waiver of the interest penalty, | ||||||
| 17 | and the request is filed with the
county treasurer on or | ||||||
| 18 | before the first day of the month that an installment of
| ||||||
| 19 | taxes is due.
| ||||||
| 20 | (3) The person pays the installment of taxes due, in | ||||||
| 21 | full, on or before
the third day of the month that the | ||||||
| 22 | installment is due.
| ||||||
| 23 | (4) The county treasurer approves the request for a | ||||||
| 24 | waiver.
| ||||||
| 25 | (b) With respect to property that qualifies as a brownfield | ||||||
| |||||||
| |||||||
| 1 | site under Section 58.2 of the Environmental Protection Act, | ||||||
| 2 | the county board, upon the recommendation
of the county | ||||||
| 3 | treasurer, may adopt a resolution to waive an
interest penalty | ||||||
| 4 | for the delinquent payment of taxes for any year that
otherwise | ||||||
| 5 | would be imposed under Section 21-15, 21-20, or 21-25 if all of | ||||||
| 6 | the following criteria are met: | ||||||
| 7 | (1) the property has delinquent taxes and an | ||||||
| 8 | outstanding interest penalty and the amount of that | ||||||
| 9 | interest penalty is so large as to, possibly, result in all | ||||||
| 10 | of the taxes becoming uncollectible; | ||||||
| 11 | (2) the property is part of a redevelopment plan of a | ||||||
| 12 | unit of local government and that unit of local government | ||||||
| 13 | does not oppose the waiver of the interest penalty; | ||||||
| 14 | (3) the redevelopment of the property will benefit the | ||||||
| 15 | public interest by remediating the brownfield | ||||||
| 16 | contamination; | ||||||
| 17 | (4) the taxpayer delivers to the county treasurer (i) a | ||||||
| 18 | written request for a waiver of the interest penalty, on a | ||||||
| 19 | form approved by the county
treasurer, and (ii) a copy of | ||||||
| 20 | the redevelopment plan for the property; | ||||||
| 21 | (5) the taxpayer pays, in full, the amount of up to the | ||||||
| 22 | amount of the first 2 installments of taxes due, to be held | ||||||
| 23 | in escrow pending the approval of the waiver, and enters | ||||||
| 24 | into an agreement with the county treasurer setting forth a | ||||||
| 25 | schedule for the payment of any remaining taxes due; and | ||||||
| 26 | (6) the county treasurer approves the request for a | ||||||
| |||||||
| |||||||
| 1 | waiver. | ||||||
| 2 | (Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
| ||||||
| 3 | Section 330. The Illinois Estate and Generation-Skipping | ||||||
| 4 | Transfer Tax Act is amended by changing Section 12 as follows:
| ||||||
| 5 | (35 ILCS 405/12) (from Ch. 120, par. 405A-12)
| ||||||
| 6 | Sec. 12.
Parent as natural guardian for purposes of | ||||||
| 7 | Sections
2032A and 2057 of the Internal Revenue Code.
A parent, | ||||||
| 8 | without being appointed guardian of
the person or guardian of | ||||||
| 9 | the estate, or a guardian of the estate, or, if
no guardian of | ||||||
| 10 | the estate has been appointed, a guardian of the person, of
any | ||||||
| 11 | minor or person with a disability disabled person whose | ||||||
| 12 | interest is not adverse to the minor
or person with a | ||||||
| 13 | disability disabled person, may make any election and sign, | ||||||
| 14 | without court
approval, any agreement on behalf of the minor or | ||||||
| 15 | person with a disability disabled person under
(i) Section | ||||||
| 16 | 2032A of the Internal Revenue
Code for the valuation of | ||||||
| 17 | property under that Section
or (ii) Section 2057 of the | ||||||
| 18 | Internal Revenue
Code relating to deduction of the value of | ||||||
| 19 | certain property under that
Section. Any election so made, and | ||||||
| 20 | any agreement so
signed, shall have the same legal force and | ||||||
| 21 | effect as if the election had
been made and the agreement had | ||||||
| 22 | been signed by the minor or person with a disability disabled | ||||||
| 23 | person
and the minor or person with a disability disabled | ||||||
| 24 | person had been legally competent.
| ||||||
| |||||||
| |||||||
| 1 | This amendatory Act of the 91st General Assembly applies to | ||||||
| 2 | elections and
agreements made on or after January 1, 1998
in | ||||||
| 3 | reliance on or pursuant to Section 2057 of the Internal Revenue | ||||||
| 4 | Code, and
those elections and agreements made before the | ||||||
| 5 | effective date of this
amendatory Act are hereby validated.
| ||||||
| 6 | (Source: P.A. 91-349, eff. 7-29-99.)
| ||||||
| 7 | Section 335. The Mobile Home Local Services Tax Act is | ||||||
| 8 | amended by changing Sections 7 and 7.5 as follows:
| ||||||
| 9 | (35 ILCS 515/7) (from Ch. 120, par. 1207)
| ||||||
| 10 | Sec. 7.
The local services tax for owners of mobile homes | ||||||
| 11 | who (a) are
actually residing in such mobile homes, (b) hold | ||||||
| 12 | title to such mobile
home as provided in the Illinois Vehicle | ||||||
| 13 | Code, and (c) are 65 years of age or older or are persons with | ||||||
| 14 | disabilities disabled
persons within the meaning of Section | ||||||
| 15 | 3.14 of the Senior Citizens and
Persons with Disabilities | ||||||
| 16 | Disabled Persons Property Tax Relief Act
on the annual billing | ||||||
| 17 | date
shall be reduced to 80 percent of the tax provided for in | ||||||
| 18 | Section 3 of
this Act. Proof that a claimant has been issued an | ||||||
| 19 | Illinois
Person with a Disability Identification Card stating | ||||||
| 20 | that the claimant is under a Class 2
disability, as provided in | ||||||
| 21 | Section 4A of the Illinois Identification Card
Act, shall | ||||||
| 22 | constitute proof that the person thereon named is a person with | ||||||
| 23 | a disability disabled
person within the meaning of this Act. An | ||||||
| 24 | application for reduction of
the tax shall be filed with
the | ||||||
| |||||||
| |||||||
| 1 | county clerk by the individuals who are entitled to the | ||||||
| 2 | reduction.
If the application is filed after May 1, the | ||||||
| 3 | reduction in tax shall
begin with the next annual bill. | ||||||
| 4 | Application for the reduction in tax
shall be done by | ||||||
| 5 | submitting proof that the applicant has been issued an
Illinois | ||||||
| 6 | Person with a Disability Identification Card designating the | ||||||
| 7 | applicant's
disability as a Class 2 disability, or by affidavit | ||||||
| 8 | in substantially the
following form:
| ||||||
| 9 | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| ||||||
| 10 | I hereby make application for a reduction to 80% of the | ||||||
| 11 | total tax
imposed under "An Act to provide for a local services
| ||||||
| 12 | tax on mobile homes".
| ||||||
| 13 | (1) Senior Citizens
| ||||||
| 14 | (a) I actually reside in the mobile home ....
| ||||||
| 15 | (b) I hold title to the mobile home as provided in the | ||||||
| 16 | Illinois
Vehicle Code ....
| ||||||
| 17 | (c) I reached the age of 65 on or before either January 1 | ||||||
| 18 | (or July
1) of the year in which this statement is filed. My | ||||||
| 19 | date of birth is: ...
| ||||||
| 20 | (2) Persons with Disabilities Disabled Persons
| ||||||
| 21 | (a) I actually reside in the mobile home...
| ||||||
| 22 | (b) I hold title to the mobile home as provided in the | ||||||
| 23 | Illinois
Vehicle Code ....
| ||||||
| 24 | (c) I became a person with a total disability was totally | ||||||
| 25 | disabled on ... and have remained a person with a disability | ||||||
| 26 | disabled until
the date of this application. My Social | ||||||
| |||||||
| |||||||
| 1 | Security, Veterans, Railroad or
Civil Service Total Disability | ||||||
| 2 | Claim Number is ... The undersigned
declares under the penalty | ||||||
| 3 | of perjury that the above statements are true
and correct.
| ||||||
| 4 | Dated (insert date).
| ||||||
| 5 | ...........................
| ||||||
| 6 | Signature of owner
| ||||||
| 7 | ...........................
| ||||||
| 8 | (Address)
| ||||||
| 9 | ...........................
| ||||||
| 10 | (City) (State) (Zip)
| ||||||
| 11 | Approved by:
| ||||||
| 12 | .............................
| ||||||
| 13 | (Assessor)
| ||||||
| 14 | This application shall be accompanied by a copy of the | ||||||
| 15 | applicant's
most recent application filed with the Illinois | ||||||
| 16 | Department on Aging
under the Senior Citizens and Persons with | ||||||
| 17 | Disabilities Disabled Persons Property Tax Relief Act.
| ||||||
| 18 | (Source: P.A. 97-689, eff. 6-14-12; 97-1064, eff. 1-1-13; | ||||||
| 19 | 98-463, eff. 8-16-13.)
| ||||||
| 20 | (35 ILCS 515/7.5)
| ||||||
| 21 | Sec. 7.5. Exemption for veterans with disabilities | ||||||
| 22 | disabled veterans.
| ||||||
| 23 | (a) Beginning on January 1, 2004, a mobile home owned and | ||||||
| 24 | used exclusively
by a veteran with a disability disabled | ||||||
| |||||||
| |||||||
| 1 | veteran or the spouse or unmarried surviving spouse of the
| ||||||
| 2 | veteran as a home, is exempt from the tax imposed under this | ||||||
| 3 | Act.
| ||||||
| 4 | Beginning with the 2015 tax year, the exemption also | ||||||
| 5 | applies to housing that is specifically constructed or adapted | ||||||
| 6 | to suit a qualifying veteran's disability if the housing or | ||||||
| 7 | adaptations are donated by a charitable organization, the | ||||||
| 8 | veteran has been approved to receive funds for the purchase or | ||||||
| 9 | construction of Specially Adapted Housing under Title 38, | ||||||
| 10 | Chapter 21, Section 2101 of the United States Code, and the | ||||||
| 11 | home has been inspected and certified by a licensed home | ||||||
| 12 | inspector to be in compliance with applicable standards set | ||||||
| 13 | forth in U.S. Department of Veterans Affairs, Veterans Benefits | ||||||
| 14 | Administration Pamphlet 26-13 Handbook for Design of Specially | ||||||
| 15 | Adapted Housing. | ||||||
| 16 | (b) As used in this Section:
| ||||||
| 17 | "Veteran with a disability Disabled veteran" means a person | ||||||
| 18 | who has served in the armed forces of
the
United States and | ||||||
| 19 | whose disability is of such a nature that the federal
| ||||||
| 20 | government has
authorized payment for purchase or construction | ||||||
| 21 | of specially adapted housing as
set
forth in the United States | ||||||
| 22 | Code, Title 38, Chapter 21, Section 2101.
| ||||||
| 23 | For purposes of this Section, "charitable organization" | ||||||
| 24 | means any benevolent, philanthropic, patriotic,
or | ||||||
| 25 | eleemosynary entity that solicits and
collects funds for | ||||||
| 26 | charitable purposes and includes each local, county, or
area | ||||||
| |||||||
| |||||||
| 1 | division of that charitable organization. | ||||||
| 2 | "Unmarried surviving spouse" means the surviving spouse of | ||||||
| 3 | the veteran at any
time after the death of the veteran during | ||||||
| 4 | which the surviving spouse is not
married.
| ||||||
| 5 | (c) Eligibility for this exemption must be reestablished on | ||||||
| 6 | an annual basis
by certification from the Illinois Department | ||||||
| 7 | of Veterans' Affairs to the
county clerk of the county in which | ||||||
| 8 | the exempt mobile home is located. The
county
clerk shall | ||||||
| 9 | forward a copy of the certification to local assessing | ||||||
| 10 | officials.
| ||||||
| 11 | (Source: P.A. 98-1145, eff. 12-30-14.)
| ||||||
| 12 | Section 340. The Community
Self-Revitalization Act is | ||||||
| 13 | amended by changing Section 15 as follows:
| ||||||
| 14 | (50 ILCS 350/15)
| ||||||
| 15 | Sec. 15. Certification; Board of Economic Advisors.
| ||||||
| 16 | (a) In order to receive the assistance as provided in this | ||||||
| 17 | Act, a community
shall
first, by
ordinance passed by its | ||||||
| 18 | corporate authorities, request that the Department
certify | ||||||
| 19 | that it is
an economically distressed community. The community | ||||||
| 20 | must submit a certified
copy of
the ordinance to the | ||||||
| 21 | Department. After review of the ordinance, if the
Department
| ||||||
| 22 | determines that the community meets the requirements for | ||||||
| 23 | certification, the
Department
may certify the community as an | ||||||
| 24 | economically distressed community.
| ||||||
| |||||||
| |||||||
| 1 | (b) A community that is certified by the Department as
an
| ||||||
| 2 | economically
distressed community may appoint a Board of | ||||||
| 3 | Economic Advisors
to create and implement a revitalization plan | ||||||
| 4 | for the community. The Board
shall
consist of 18 members of the | ||||||
| 5 | community, appointed by the
mayor or the presiding officer of | ||||||
| 6 | the county or jointly by the presiding
officers of each
| ||||||
| 7 | municipality and county that have joined to form a community | ||||||
| 8 | for the purposes of this Act. Up to 18 Board members may be | ||||||
| 9 | appointed from the following vital sectors:
| ||||||
| 10 | (1) A member representing households and families.
| ||||||
| 11 | (2) A member representing religious organizations.
| ||||||
| 12 | (3) A member representing educational institutions.
| ||||||
| 13 | (4) A member representing daycare centers, care | ||||||
| 14 | centers for persons with disabilities the
handicapped, and | ||||||
| 15 | care centers for the disadvantaged.
| ||||||
| 16 | (5) A member representing community based | ||||||
| 17 | organizations such as
neighborhood improvement | ||||||
| 18 | associations.
| ||||||
| 19 | (6) A member representing federal and State employment | ||||||
| 20 | service
systems, skill training centers, and placement | ||||||
| 21 | referrals.
| ||||||
| 22 | (7) A member representing Masonic organizations, | ||||||
| 23 | fraternities, sororities,
and social clubs.
| ||||||
| 24 | (8) A member representing hospitals, nursing homes, | ||||||
| 25 | senior citizens,
public health agencies, and funeral | ||||||
| 26 | homes.
| ||||||
| |||||||
| |||||||
| 1 | (9) A member representing organized sports, parks, | ||||||
| 2 | parties, and games of
chance.
| ||||||
| 3 | (10) A member representing political parties, clubs, | ||||||
| 4 | and affiliations, and
election related matters concerning | ||||||
| 5 | voter education and participation.
| ||||||
| 6 | (11) A member representing the cultural aspects of the | ||||||
| 7 | community,
including cultural events, lifestyles, | ||||||
| 8 | languages, music, visual and performing
arts,
and | ||||||
| 9 | literature.
| ||||||
| 10 | (12) A member representing police and fire protection | ||||||
| 11 | agencies, prisons,
weapons systems, and the military | ||||||
| 12 | industrial complex.
| ||||||
| 13 | (13) A member representing local businesses. | ||||||
| 14 | (14) A member representing the retail industry.
| ||||||
| 15 | (15) A member representing the service industry.
| ||||||
| 16 | (16) A member representing the industrial, production, | ||||||
| 17 | and manufacturing sectors.
| ||||||
| 18 | (17) A member representing the advertising and | ||||||
| 19 | marketing industry.
| ||||||
| 20 | (18) A member representing the technology services | ||||||
| 21 | industry. | ||||||
| 22 | The Board shall meet initially
within 30 days of its | ||||||
| 23 | appointment, shall select one member as chairperson at
its | ||||||
| 24 | initial meeting, and
shall
thereafter meet at the call of the | ||||||
| 25 | chairperson. Members of the Board shall
serve without
| ||||||
| 26 | compensation.
| ||||||
| |||||||
| |||||||
| 1 | (c) One third of the initial appointees shall serve for 2 | ||||||
| 2 | years, one third shall serve for 3 years, and one third shall | ||||||
| 3 | serve for 4 years, as determined by lot. Subsequent appointees | ||||||
| 4 | shall serve terms of 5 years. | ||||||
| 5 | (d) The Board shall create a 3-year to 5-year | ||||||
| 6 | revitalization plan for the
community.
The plan shall contain | ||||||
| 7 | distinct, measurable objectives for revitalization. The
| ||||||
| 8 | objectives
shall be used to guide ongoing implementation of the | ||||||
| 9 | plan and to measure
progress
during the 3-year to 5-year | ||||||
| 10 | period. The Board shall work in a dynamic manner
defining goals
| ||||||
| 11 | for the community based on the strengths and weaknesses of the | ||||||
| 12 | individual
sectors of the
community as presented by each member | ||||||
| 13 | of the Board. The Board shall meet
periodically and revise the | ||||||
| 14 | plan in light of the input from each member of
the
Board
| ||||||
| 15 | concerning his or her respective sector of expertise. The | ||||||
| 16 | process shall be a
community
driven revitalization process, | ||||||
| 17 | with community-specific data determining the
direction and
| ||||||
| 18 | scope of the revitalization.
| ||||||
| 19 | (Source: P.A. 95-557, eff. 8-30-07.)
| ||||||
| 20 | Section 345. The Innovation Development and Economy Act is | ||||||
| 21 | amended by changing Section 31 as follows:
| ||||||
| 22 | (50 ILCS 470/31)
| ||||||
| 23 | Sec. 31. STAR bond occupation taxes. | ||||||
| 24 | (a) If the corporate authorities of a political subdivision | ||||||
| |||||||
| |||||||
| 1 | have established a STAR bond district and have elected to | ||||||
| 2 | impose a tax by ordinance pursuant to subsection (b) or (c) of | ||||||
| 3 | this Section, each year after the date of the adoption of the | ||||||
| 4 | ordinance and until all STAR bond project costs and all | ||||||
| 5 | political subdivision obligations financing the STAR bond | ||||||
| 6 | project costs, if any, have been paid in accordance with the | ||||||
| 7 | STAR bond project plans, but in no event longer than the | ||||||
| 8 | maximum maturity date of the last of the STAR bonds issued for | ||||||
| 9 | projects in the STAR bond district, all amounts generated by | ||||||
| 10 | the retailers' occupation tax and service occupation tax shall | ||||||
| 11 | be collected and the tax shall be enforced by the Department of | ||||||
| 12 | Revenue in the same manner as all retailers' occupation taxes | ||||||
| 13 | and service occupation taxes imposed in the political | ||||||
| 14 | subdivision imposing the tax. The corporate authorities of the | ||||||
| 15 | political subdivision shall deposit the proceeds of the taxes | ||||||
| 16 | imposed under subsections (b) and (c) into either (i) a special | ||||||
| 17 | fund held by the corporate authorities of the political | ||||||
| 18 | subdivision called the STAR Bonds Tax Allocation Fund for the | ||||||
| 19 | purpose of paying STAR bond project costs and obligations | ||||||
| 20 | incurred in the payment of those costs if such taxes are | ||||||
| 21 | designated as pledged STAR revenues by resolution or ordinance | ||||||
| 22 | of the political subdivision or (ii) the political | ||||||
| 23 | subdivision's general corporate fund if such taxes are not | ||||||
| 24 | designated as pledged STAR revenues by resolution or ordinance. | ||||||
| 25 | The tax imposed under this Section by a municipality may be | ||||||
| 26 | imposed only on the portion of a STAR bond district that is | ||||||
| |||||||
| |||||||
| 1 | within the boundaries of the municipality. For any part of a | ||||||
| 2 | STAR bond district that lies outside of the boundaries of that | ||||||
| 3 | municipality, the municipality in which the other part of the | ||||||
| 4 | STAR bond district lies (or the county, in cases where a | ||||||
| 5 | portion of the STAR bond district lies in the unincorporated | ||||||
| 6 | area of a county) is authorized to impose the tax under this | ||||||
| 7 | Section on that part of the STAR bond district. | ||||||
| 8 | (b) The corporate authorities of a political subdivision | ||||||
| 9 | that has established a STAR bond district under this Act may, | ||||||
| 10 | by ordinance or resolution, impose a STAR Bond Retailers' | ||||||
| 11 | Occupation Tax upon all persons engaged in the business of | ||||||
| 12 | selling tangible personal property, other than an item of | ||||||
| 13 | tangible personal property titled or registered with an agency | ||||||
| 14 | of this State's government, at retail in the STAR bond district | ||||||
| 15 | at a rate not to exceed 1% of the gross receipts from the sales | ||||||
| 16 | made in the course of that business, to be imposed only in | ||||||
| 17 | 0.25% increments. The tax may not be imposed on food for human | ||||||
| 18 | consumption that is to be consumed off the premises where it is | ||||||
| 19 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 20 | that has been prepared for immediate consumption), | ||||||
| 21 | prescription and nonprescription medicines, drugs, medical | ||||||
| 22 | appliances, modifications to a motor vehicle for the purpose of | ||||||
| 23 | rendering it usable by a person with a disability disabled | ||||||
| 24 | person, and insulin, urine testing materials, syringes, and | ||||||
| 25 | needles used by diabetics, for human use. | ||||||
| 26 | The tax imposed under this subsection and all civil | ||||||
| |||||||
| |||||||
| 1 | penalties that may be assessed as an incident thereof shall be | ||||||
| 2 | collected and enforced by the Department of Revenue. The | ||||||
| 3 | certificate of registration that is issued by the Department to | ||||||
| 4 | a retailer under the Retailers' Occupation Tax Act shall permit | ||||||
| 5 | the retailer to engage in a business that is taxable under any | ||||||
| 6 | ordinance or resolution enacted pursuant to this subsection | ||||||
| 7 | without registering separately with the Department under such | ||||||
| 8 | ordinance or resolution or under this subsection. The | ||||||
| 9 | Department of Revenue shall have full power to administer and | ||||||
| 10 | enforce this subsection, to collect all taxes and penalties due | ||||||
| 11 | under this subsection in the manner hereinafter provided, and | ||||||
| 12 | to determine all rights to credit memoranda arising on account | ||||||
| 13 | of the erroneous payment of tax or penalty under this | ||||||
| 14 | subsection. In the administration of, and compliance with, this | ||||||
| 15 | subsection, the Department and persons who are subject to this | ||||||
| 16 | subsection shall have the same rights, remedies, privileges, | ||||||
| 17 | immunities, powers, and duties, and be subject to the same | ||||||
| 18 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
| 19 | exemptions, and definitions of terms and employ the same modes | ||||||
| 20 | of procedure, as are prescribed in Sections 1, 1a through 1o, 2 | ||||||
| 21 | through 2-65 (in respect to all provisions therein other than | ||||||
| 22 | the State rate of tax), 2c through 2h, 3 (except as to the | ||||||
| 23 | disposition of taxes and penalties collected), 4, 5, 5a, 5b, | ||||||
| 24 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, | ||||||
| 25 | 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all | ||||||
| 26 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| |||||||
| |||||||
| 1 | if those provisions were set forth herein. | ||||||
| 2 | If a tax is imposed under this subsection (b), a tax shall | ||||||
| 3 | also be imposed under subsection (c) of this Section. | ||||||
| 4 | (c) If a tax has been imposed under subsection (b), a STAR | ||||||
| 5 | Bond Service Occupation Tax shall also be imposed upon all | ||||||
| 6 | persons engaged, in the STAR bond district, in the business of | ||||||
| 7 | making sales of service, who, as an incident to making those | ||||||
| 8 | sales of service, transfer tangible personal property within | ||||||
| 9 | the STAR bond district, either in the form of tangible personal | ||||||
| 10 | property or in the form of real estate as an incident to a sale | ||||||
| 11 | of service. The tax shall be imposed at the same rate as the | ||||||
| 12 | tax imposed in subsection (b) and shall not exceed 1% of the | ||||||
| 13 | selling price of tangible personal property so transferred | ||||||
| 14 | within the STAR bond district, to be imposed only in 0.25% | ||||||
| 15 | increments. The tax may not be imposed on food for human | ||||||
| 16 | consumption that is to be consumed off the premises where it is | ||||||
| 17 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 18 | that has been prepared for immediate consumption), | ||||||
| 19 | prescription and nonprescription medicines, drugs, medical | ||||||
| 20 | appliances, modifications to a motor vehicle for the purpose of | ||||||
| 21 | rendering it usable by a person with a disability disabled | ||||||
| 22 | person, and insulin, urine testing materials, syringes, and | ||||||
| 23 | needles used by diabetics, for human use. | ||||||
| 24 | The tax imposed under this subsection and all civil | ||||||
| 25 | penalties that may be assessed as an incident thereof shall be | ||||||
| 26 | collected and enforced by the Department of Revenue. The | ||||||
| |||||||
| |||||||
| 1 | certificate of registration that is issued by the Department to | ||||||
| 2 | a retailer under the Retailers' Occupation Tax Act or under the | ||||||
| 3 | Service Occupation Tax Act shall permit the registrant to | ||||||
| 4 | engage in a business that is taxable under any ordinance or | ||||||
| 5 | resolution enacted pursuant to this subsection without | ||||||
| 6 | registering separately with the Department under that | ||||||
| 7 | ordinance or resolution or under this subsection. The | ||||||
| 8 | Department of Revenue shall have full power to administer and | ||||||
| 9 | enforce this subsection, to collect all taxes and penalties due | ||||||
| 10 | under this subsection, to dispose of taxes and penalties so | ||||||
| 11 | collected in the manner hereinafter provided, and to determine | ||||||
| 12 | all rights to credit memoranda arising on account of the | ||||||
| 13 | erroneous payment of tax or penalty under this subsection. In | ||||||
| 14 | the administration of, and compliance with this subsection, the | ||||||
| 15 | Department and persons who are subject to this subsection shall | ||||||
| 16 | have the same rights, remedies, privileges, immunities, | ||||||
| 17 | powers, and duties, and be subject to the same conditions, | ||||||
| 18 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
| 19 | and definitions of terms and employ the same modes of procedure | ||||||
| 20 | as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 | ||||||
| 21 | (in respect to all provisions therein other than the State rate | ||||||
| 22 | of tax), 4 (except that the reference to the State shall be to | ||||||
| 23 | the STAR bond district), 5, 7, 8 (except that the jurisdiction | ||||||
| 24 | to which the tax shall be a debt to the extent indicated in | ||||||
| 25 | that Section 8 shall be the political subdivision), 9 (except | ||||||
| 26 | as to the disposition of taxes and penalties collected, and | ||||||
| |||||||
| |||||||
| 1 | except that the returned merchandise credit for this tax may | ||||||
| 2 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
| 3 | reference therein to Section 2b of the Retailers' Occupation | ||||||
| 4 | Tax Act), 13 (except that any reference to the State shall mean | ||||||
| 5 | the political subdivision), the first paragraph of Section 15, | ||||||
| 6 | and Sections 16, 17, 18, 19 and 20 of the Service Occupation | ||||||
| 7 | Tax Act and all provisions of the Uniform Penalty and Interest | ||||||
| 8 | Act, as fully as if those provisions were set forth herein. | ||||||
| 9 | If a tax is imposed under this subsection (c), a tax shall | ||||||
| 10 | also be imposed under subsection (b) of this Section. | ||||||
| 11 | (d) Persons subject to any tax imposed under this Section | ||||||
| 12 | may reimburse themselves for their seller's tax liability under | ||||||
| 13 | this Section by separately stating the tax as an additional | ||||||
| 14 | charge, which charge may be stated in combination, in a single | ||||||
| 15 | amount, with State taxes that sellers are required to collect | ||||||
| 16 | under the Use Tax Act, in accordance with such bracket | ||||||
| 17 | schedules as the Department may prescribe. | ||||||
| 18 | Whenever the Department determines that a refund should be | ||||||
| 19 | made under this Section 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 STAR Bond Retailers' Occupation Tax Fund. | ||||||
| 25 | The Department shall immediately pay over to the State | ||||||
| 26 | Treasurer, ex officio, as trustee, all taxes, penalties, and | ||||||
| |||||||
| |||||||
| 1 | interest collected under this Section for deposit into the STAR | ||||||
| 2 | Bond Retailers' Occupation Tax Fund. On or before the 25th day | ||||||
| 3 | of each calendar month, the Department shall prepare and | ||||||
| 4 | certify to the Comptroller the disbursement of stated sums of | ||||||
| 5 | money to named political subdivisions from the STAR Bond | ||||||
| 6 | Retailers' Occupation Tax Fund, the political subdivisions to | ||||||
| 7 | be those from which retailers have paid taxes or penalties | ||||||
| 8 | under this Section to the Department during the second | ||||||
| 9 | preceding calendar month. The amount to be paid to each | ||||||
| 10 | political subdivision shall be the amount (not including credit | ||||||
| 11 | memoranda) collected under this Section during the second | ||||||
| 12 | preceding calendar month by the Department plus an amount the | ||||||
| 13 | Department determines is necessary to offset any amounts that | ||||||
| 14 | were erroneously paid to a different taxing body, and not | ||||||
| 15 | including an amount equal to the amount of refunds made during | ||||||
| 16 | the second preceding calendar month by the Department, less 3% | ||||||
| 17 | of that amount, which shall be deposited into the Tax | ||||||
| 18 | Compliance and Administration Fund and shall be used by the | ||||||
| 19 | Department, subject to appropriation, to cover the costs of the | ||||||
| 20 | Department in administering and enforcing the provisions of | ||||||
| 21 | this Section, on behalf of such political subdivision, and not | ||||||
| 22 | including any amount that the Department determines is | ||||||
| 23 | necessary to offset any amounts that were payable to a | ||||||
| 24 | different taxing body but were erroneously paid to the | ||||||
| 25 | political subdivision. Within 10 days after receipt by the | ||||||
| 26 | Comptroller of the disbursement certification to the political | ||||||
| |||||||
| |||||||
| 1 | subdivisions provided for in this Section to be given to the | ||||||
| 2 | Comptroller by the Department, the Comptroller shall cause the | ||||||
| 3 | orders to be drawn for the respective amounts in accordance | ||||||
| 4 | with the directions contained in the certification. The | ||||||
| 5 | proceeds of the tax paid to political subdivisions under this | ||||||
| 6 | Section shall be deposited into either (i) the STAR Bonds Tax | ||||||
| 7 | Allocation Fund by the political subdivision if the political | ||||||
| 8 | subdivision has designated them as pledged STAR revenues by | ||||||
| 9 | resolution or ordinance or (ii) the political subdivision's | ||||||
| 10 | general corporate fund if the political subdivision has not | ||||||
| 11 | designated them as pledged STAR revenues. | ||||||
| 12 | An ordinance or resolution imposing or discontinuing the | ||||||
| 13 | tax under this Section or effecting a change in the rate | ||||||
| 14 | thereof shall either (i) be adopted and a certified copy | ||||||
| 15 | thereof filed with the Department on or before the first day of | ||||||
| 16 | April, whereupon the Department, if all other requirements of | ||||||
| 17 | this Section are met, shall proceed to administer and enforce | ||||||
| 18 | this Section as of the first day of July next following the | ||||||
| 19 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
| 20 | thereof filed with the Department on or before the first day of | ||||||
| 21 | October, whereupon, if all other requirements of this Section | ||||||
| 22 | are met, the Department shall proceed to administer and enforce | ||||||
| 23 | this Section as of the first day of January next following the | ||||||
| 24 | adoption and filing. | ||||||
| 25 | The Department of Revenue shall not administer or enforce | ||||||
| 26 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
| |||||||
| |||||||
| 1 | the tax under this Section until the political subdivision also | ||||||
| 2 | provides, in the manner prescribed by the Department, the | ||||||
| 3 | boundaries of the STAR bond district and each address in the | ||||||
| 4 | STAR bond district in such a way that the Department can | ||||||
| 5 | determine by its address whether a business is located in the | ||||||
| 6 | STAR bond district. The political subdivision must provide this | ||||||
| 7 | boundary and address information to the Department on or before | ||||||
| 8 | April 1 for administration and enforcement of the tax under | ||||||
| 9 | this Section by the Department beginning on the following July | ||||||
| 10 | 1 and on or before October 1 for administration and enforcement | ||||||
| 11 | of the tax under this Section by the Department beginning on | ||||||
| 12 | the following January 1. The Department of Revenue shall not | ||||||
| 13 | administer or enforce any change made to the boundaries of a | ||||||
| 14 | STAR bond district or any address change, addition, or deletion | ||||||
| 15 | until the political subdivision reports the boundary change or | ||||||
| 16 | address change, addition, or deletion to the Department in the | ||||||
| 17 | manner prescribed by the Department. The political subdivision | ||||||
| 18 | must provide this boundary change or address change, addition, | ||||||
| 19 | or deletion information to the Department on or before April 1 | ||||||
| 20 | for administration and enforcement by the Department of the | ||||||
| 21 | change, addition, or deletion beginning on the following July 1 | ||||||
| 22 | and on or before October 1 for administration and enforcement | ||||||
| 23 | by the Department of the change, addition, or deletion | ||||||
| 24 | beginning on the following January 1. The retailers in the STAR | ||||||
| 25 | bond district shall be responsible for charging the tax imposed | ||||||
| 26 | under this Section. If a retailer is incorrectly included or | ||||||
| |||||||
| |||||||
| 1 | excluded from the list of those required to collect the tax | ||||||
| 2 | under this Section, both the Department of Revenue and the | ||||||
| 3 | retailer shall be held harmless if they reasonably relied on | ||||||
| 4 | information provided by the political subdivision. | ||||||
| 5 | A political subdivision that imposes the tax under this | ||||||
| 6 | Section must submit to the Department of Revenue any other | ||||||
| 7 | information as the Department may require that is necessary for | ||||||
| 8 | the administration and enforcement of the tax. | ||||||
| 9 | When certifying the amount of a monthly disbursement to a | ||||||
| 10 | political subdivision under this Section, the Department shall | ||||||
| 11 | increase or decrease the amount by an amount necessary to | ||||||
| 12 | offset any misallocation of previous disbursements. The offset | ||||||
| 13 | amount shall be the amount erroneously disbursed within the | ||||||
| 14 | previous 6 months from the time a misallocation is discovered. | ||||||
| 15 | Nothing in this Section shall be construed to authorize the | ||||||
| 16 | political subdivision to impose a tax upon the privilege of | ||||||
| 17 | engaging in any business which under the Constitution of the | ||||||
| 18 | United States may not be made the subject of taxation by this | ||||||
| 19 | State. | ||||||
| 20 | (e) When STAR bond project costs, including, without | ||||||
| 21 | limitation, all political subdivision obligations financing | ||||||
| 22 | STAR bond project costs, have been paid, any surplus funds then | ||||||
| 23 | remaining in the STAR Bonds Tax Allocation Fund shall be | ||||||
| 24 | distributed to the treasurer of the political subdivision for | ||||||
| 25 | deposit into the political subdivision's general corporate | ||||||
| 26 | fund. Upon payment of all STAR bond project costs and | ||||||
| |||||||
| |||||||
| 1 | retirement of obligations, but in no event later than the | ||||||
| 2 | maximum maturity date of the last of the STAR bonds issued in | ||||||
| 3 | the STAR bond district, the political subdivision shall adopt | ||||||
| 4 | an ordinance immediately rescinding the taxes imposed pursuant | ||||||
| 5 | to this Section and file a certified copy of the ordinance with | ||||||
| 6 | the Department in the form and manner as described in this | ||||||
| 7 | Section.
| ||||||
| 8 | (Source: P.A. 96-939, eff. 6-24-10.)
| ||||||
| 9 | Section 350. The Emergency Telephone System Act is amended | ||||||
| 10 | by changing Section 15.2a as follows:
| ||||||
| 11 | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| ||||||
| 12 | Sec. 15.2a.
The installation of or connection to a | ||||||
| 13 | telephone
company's network of any automatic alarm, automatic | ||||||
| 14 | alerting
device, or mechanical dialer that causes the number | ||||||
| 15 | 9-1-1 to
be dialed in order to directly access emergency | ||||||
| 16 | services is
prohibited in a 9-1-1 system. | ||||||
| 17 | This Section does not apply to devices used to enable | ||||||
| 18 | access to the 9-1-1 system for cognitively-impaired, disabled, | ||||||
| 19 | or special needs persons or for persons with disabilities in an | ||||||
| 20 | emergency situation reported by a caregiver after initiating a | ||||||
| 21 | missing person's report. The device must have the capability to | ||||||
| 22 | be activated and controlled remotely by trained personnel at a | ||||||
| 23 | service center to prevent falsely activated or repeated calls | ||||||
| 24 | to the 9-1-1 system in a single incident. The device must have | ||||||
| |||||||
| |||||||
| 1 | the technical capability to generate location information to | ||||||
| 2 | the 9-1-1 system. Under no circumstances shall a device be sold | ||||||
| 3 | for use in a geographical jurisdiction where the 9-1-1 system | ||||||
| 4 | has not deployed wireless phase II location technology. The | ||||||
| 5 | alerting device shall also provide for either 2-way | ||||||
| 6 | communication or send a pre-recorded message to a 9-1-1 | ||||||
| 7 | provider explaining the nature of the emergency so that the | ||||||
| 8 | 9-1-1 provider will be able to dispatch the appropriate | ||||||
| 9 | emergency responder. | ||||||
| 10 | Violation of this Section is
a Class A misdemeanor. A | ||||||
| 11 | second or subsequent violation of this
Section is a Class 4 | ||||||
| 12 | felony.
| ||||||
| 13 | (Source: P.A. 97-82, eff. 1-1-12.)
| ||||||
| 14 | Section 355. The Counties Code is amended by changing | ||||||
| 15 | Section 5-1006.7 as follows:
| ||||||
| 16 | (55 ILCS 5/5-1006.7) | ||||||
| 17 | Sec. 5-1006.7. School facility occupation taxes. | ||||||
| 18 | (a) In any county, a tax shall be imposed upon all persons | ||||||
| 19 | engaged in the business of selling tangible personal property, | ||||||
| 20 | other than personal property titled or registered with an | ||||||
| 21 | agency of this State's government, at retail in the county on | ||||||
| 22 | the gross receipts from the sales made in the course of | ||||||
| 23 | business to provide revenue to be used exclusively for school | ||||||
| 24 | facility purposes if a proposition for the tax has been | ||||||
| |||||||
| |||||||
| 1 | submitted to the electors of that county and approved by a | ||||||
| 2 | majority of those voting on the question as provided in | ||||||
| 3 | subsection (c). The tax under this Section shall be imposed | ||||||
| 4 | only in one-quarter percent increments and may not exceed 1%. | ||||||
| 5 | This additional tax may not be imposed on the sale of food | ||||||
| 6 | for human consumption that is to be consumed off the premises | ||||||
| 7 | where it is sold (other than alcoholic beverages, soft drinks, | ||||||
| 8 | and food that has been prepared for immediate consumption) and | ||||||
| 9 | prescription and non-prescription medicines, drugs, medical | ||||||
| 10 | appliances and insulin, urine testing materials, syringes and | ||||||
| 11 | needles used by diabetics.
The Department of Revenue has full | ||||||
| 12 | power to administer and enforce this subsection, to collect all | ||||||
| 13 | taxes and penalties due under this subsection, to dispose of | ||||||
| 14 | taxes and penalties so collected in the manner provided in this | ||||||
| 15 | subsection, and to determine all rights to credit memoranda | ||||||
| 16 | arising on account of the erroneous payment of a tax or penalty | ||||||
| 17 | under this subsection. The Department shall deposit all taxes | ||||||
| 18 | and penalties collected under this subsection into a special | ||||||
| 19 | fund created for that purpose. | ||||||
| 20 | In the administration of and compliance with this | ||||||
| 21 | subsection, the Department and persons who are subject to this | ||||||
| 22 | subsection (i) have the same rights, remedies, privileges, | ||||||
| 23 | immunities, powers, and duties, (ii) are subject to the same | ||||||
| 24 | conditions, restrictions, limitations, penalties, and | ||||||
| 25 | definitions of terms, and (iii) shall employ the same modes of | ||||||
| 26 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
| |||||||
| |||||||
| 1 | 2-70 (in respect to all provisions contained in those Sections | ||||||
| 2 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
| 3 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 4 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | ||||||
| 5 | 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act | ||||||
| 6 | and all provisions of the Uniform Penalty and Interest Act as | ||||||
| 7 | if those provisions were set forth in this subsection. | ||||||
| 8 | The certificate of registration that is issued by the | ||||||
| 9 | Department to a retailer under the Retailers' Occupation Tax | ||||||
| 10 | Act permits the retailer to engage in a business that is | ||||||
| 11 | taxable without registering separately with the Department | ||||||
| 12 | under an ordinance or resolution under this subsection. | ||||||
| 13 | Persons subject to any tax imposed under the authority | ||||||
| 14 | granted in this subsection may reimburse themselves for their | ||||||
| 15 | seller's tax liability by separately stating that tax as an | ||||||
| 16 | additional charge, which may be stated in combination, in a | ||||||
| 17 | single amount, with State tax that sellers are required to | ||||||
| 18 | collect under the Use Tax Act, pursuant to any bracketed | ||||||
| 19 | schedules set forth by the Department. | ||||||
| 20 | (b) If a tax has been imposed under subsection (a), then a | ||||||
| 21 | service occupation tax must also be imposed at the same rate | ||||||
| 22 | upon all persons engaged, in the county, in the business of | ||||||
| 23 | making sales of service, who, as an incident to making those | ||||||
| 24 | sales of service, transfer tangible personal property within | ||||||
| 25 | the county as an incident to a sale of service. | ||||||
| 26 | This tax may not be imposed on sales of food for human | ||||||
| |||||||
| |||||||
| 1 | consumption that is to be consumed off the premises where it is | ||||||
| 2 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 3 | prepared for immediate consumption) and prescription and | ||||||
| 4 | non-prescription medicines, drugs, medical appliances and | ||||||
| 5 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 6 | diabetics. | ||||||
| 7 | The tax imposed under this subsection and all civil | ||||||
| 8 | penalties that may be assessed as an incident thereof shall be | ||||||
| 9 | collected and enforced by the Department and deposited into a | ||||||
| 10 | special fund created for that purpose. The Department has full | ||||||
| 11 | power to administer and enforce this subsection, to collect all | ||||||
| 12 | taxes and penalties due under this subsection, to dispose of | ||||||
| 13 | taxes and penalties so collected in the manner provided in this | ||||||
| 14 | subsection, and to determine all rights to credit memoranda | ||||||
| 15 | arising on account of the erroneous payment of a tax or penalty | ||||||
| 16 | under this subsection. | ||||||
| 17 | In the administration of and compliance with this | ||||||
| 18 | subsection, the Department and persons who are subject to this | ||||||
| 19 | subsection shall (i) have the same rights, remedies, | ||||||
| 20 | privileges, immunities, powers and duties, (ii) be subject to | ||||||
| 21 | the same conditions, restrictions, limitations, penalties and | ||||||
| 22 | definition of terms, and (iii) employ the same modes of | ||||||
| 23 | procedure as are set forth in Sections 2 (except that that | ||||||
| 24 | reference to State in the definition of supplier maintaining a | ||||||
| 25 | place of business in this State means the county), 2a through | ||||||
| 26 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
| |||||||
| |||||||
| 1 | those Sections other than the State rate of tax), 4 (except | ||||||
| 2 | that the reference to the State shall be to the county), 5, 7, | ||||||
| 3 | 8 (except that the jurisdiction to which the tax is a debt to | ||||||
| 4 | the extent indicated in that Section 8 is the county), 9 | ||||||
| 5 | (except as to the disposition of taxes and penalties | ||||||
| 6 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
| 7 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 8 | reference to the State means the county), Section 15, 16, 17, | ||||||
| 9 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
| 10 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 11 | if those provisions were set forth herein. | ||||||
| 12 | Persons subject to any tax imposed under the authority | ||||||
| 13 | granted in this subsection may reimburse themselves for their | ||||||
| 14 | serviceman's tax liability by separately stating the tax as an | ||||||
| 15 | additional charge, which may be stated in combination, in a | ||||||
| 16 | single amount, with State tax that servicemen are authorized to | ||||||
| 17 | collect under the Service Use Tax Act, pursuant to any | ||||||
| 18 | bracketed schedules set forth by the Department. | ||||||
| 19 | (c) The tax under this Section may not be imposed until the | ||||||
| 20 | question of imposing the tax has been submitted to the electors | ||||||
| 21 | of the county at a regular election and approved by a majority | ||||||
| 22 | of the electors voting on the question. For all regular | ||||||
| 23 | elections held prior to the effective date of this amendatory | ||||||
| 24 | Act of the 97th General Assembly, upon a resolution by the | ||||||
| 25 | county board or a resolution by school district boards that | ||||||
| 26 | represent at least 51% of the student enrollment within the | ||||||
| |||||||
| |||||||
| 1 | county, the county board must certify the question to the | ||||||
| 2 | proper election authority in accordance with the Election Code. | ||||||
| 3 | For all regular elections held prior to the effective date | ||||||
| 4 | of this amendatory Act of the 97th General Assembly, the | ||||||
| 5 | election authority must submit the question in substantially | ||||||
| 6 | the following form: | ||||||
| 7 | Shall (name of county) be authorized to impose a | ||||||
| 8 | retailers' occupation tax and a service occupation tax | ||||||
| 9 | (commonly referred to as a "sales tax") at a rate of | ||||||
| 10 | (insert rate) to be used exclusively for school facility | ||||||
| 11 | purposes? | ||||||
| 12 | The election authority must record the votes as "Yes" or "No". | ||||||
| 13 | If a majority of the electors voting on the question vote | ||||||
| 14 | in the affirmative, then the county may, thereafter, impose the | ||||||
| 15 | tax. | ||||||
| 16 | For all regular elections held on or after the effective | ||||||
| 17 | date of this amendatory Act of the 97th General Assembly, the | ||||||
| 18 | regional superintendent of schools for the county must, upon | ||||||
| 19 | receipt of a resolution or resolutions of school district | ||||||
| 20 | boards that represent more than 50% of the student enrollment | ||||||
| 21 | within the county, certify the question to the proper election | ||||||
| 22 | authority for submission to the electors of the county at the | ||||||
| 23 | next regular election at which the question lawfully may be | ||||||
| 24 | submitted to the electors, all in accordance with the Election | ||||||
| 25 | Code. | ||||||
| 26 | For all regular elections held on or after the effective | ||||||
| |||||||
| |||||||
| 1 | date of this amendatory Act of the 97th General Assembly, the | ||||||
| 2 | election authority must submit the question in substantially | ||||||
| 3 | the following form: | ||||||
| 4 | Shall a retailers' occupation tax and a service | ||||||
| 5 | occupation tax (commonly referred to as a "sales tax") be | ||||||
| 6 | imposed in (name of county) at a rate of (insert rate) to | ||||||
| 7 | be used exclusively for school facility purposes? | ||||||
| 8 | The election authority must record the votes as "Yes" or "No". | ||||||
| 9 | If a majority of the electors voting on the question vote | ||||||
| 10 | in the affirmative, then the tax shall be imposed at the rate | ||||||
| 11 | set forth in the question. | ||||||
| 12 | For the purposes of this subsection (c), "enrollment" means | ||||||
| 13 | the head count of the students residing in the county on the | ||||||
| 14 | last school day of September of each year, which must be | ||||||
| 15 | reported on the Illinois State Board of Education Public School | ||||||
| 16 | Fall Enrollment/Housing Report.
| ||||||
| 17 | (d) The Department shall immediately pay over to the State | ||||||
| 18 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
| 19 | collected under this Section to be deposited into the School | ||||||
| 20 | Facility Occupation Tax Fund, which shall be an unappropriated | ||||||
| 21 | trust fund held outside the State treasury. | ||||||
| 22 | On or before the 25th day of each calendar month, the | ||||||
| 23 | Department shall prepare and certify to the Comptroller the | ||||||
| 24 | disbursement of stated sums of money to the regional | ||||||
| 25 | superintendents of schools in counties from which retailers or | ||||||
| 26 | servicemen have paid taxes or penalties to the Department | ||||||
| |||||||
| |||||||
| 1 | during the second preceding calendar month. The amount to be | ||||||
| 2 | paid to each regional superintendent of schools and disbursed | ||||||
| 3 | to him or her in accordance with Section 3-14.31 of the School | ||||||
| 4 | Code, is equal to the amount (not including credit memoranda) | ||||||
| 5 | collected from the county under this Section during the second | ||||||
| 6 | preceding calendar month by the Department, (i) less 2% of that | ||||||
| 7 | amount, which shall be deposited into the Tax Compliance and | ||||||
| 8 | Administration Fund and shall be used by the Department, | ||||||
| 9 | subject to appropriation, to cover the costs of the Department | ||||||
| 10 | in administering and enforcing the provisions of this Section, | ||||||
| 11 | on behalf of the county, (ii) plus an amount that the | ||||||
| 12 | Department determines is necessary to offset any amounts that | ||||||
| 13 | were erroneously paid to a different taxing body; (iii) less an | ||||||
| 14 | amount equal to the amount of refunds made during the second | ||||||
| 15 | preceding calendar month by the Department on behalf of the | ||||||
| 16 | county; and (iv) less any amount that the Department determines | ||||||
| 17 | is necessary to offset any amounts that were payable to a | ||||||
| 18 | different taxing body but were erroneously paid to the county. | ||||||
| 19 | When certifying the amount of a monthly disbursement to a | ||||||
| 20 | regional superintendent of schools under this Section, the | ||||||
| 21 | Department shall increase or decrease the amounts by an amount | ||||||
| 22 | necessary to offset any miscalculation of previous | ||||||
| 23 | disbursements within the previous 6 months from the time a | ||||||
| 24 | miscalculation is discovered. | ||||||
| 25 | Within 10 days after receipt by the Comptroller from the | ||||||
| 26 | Department of the disbursement certification to the regional | ||||||
| |||||||
| |||||||
| 1 | superintendents of the schools provided for in this Section, | ||||||
| 2 | the Comptroller shall cause the orders to be drawn for the | ||||||
| 3 | respective amounts in accordance with directions contained in | ||||||
| 4 | the certification. | ||||||
| 5 | If the Department determines that a refund should be made | ||||||
| 6 | under this Section to a claimant instead of issuing a credit | ||||||
| 7 | memorandum, then the Department shall notify the Comptroller, | ||||||
| 8 | who shall cause the order to be drawn for the amount specified | ||||||
| 9 | and to the person named in the notification from the | ||||||
| 10 | Department. The refund shall be paid by the Treasurer out of | ||||||
| 11 | the School Facility Occupation Tax Fund.
| ||||||
| 12 | (e) For the purposes of determining the local governmental | ||||||
| 13 | unit whose tax is applicable, a retail sale by a producer of | ||||||
| 14 | coal or another mineral mined in Illinois is a sale at retail | ||||||
| 15 | at the place where the coal or other mineral mined in Illinois | ||||||
| 16 | is extracted from the earth. This subsection does not apply to | ||||||
| 17 | coal or another mineral when it is delivered or shipped by the | ||||||
| 18 | seller to the purchaser at a point outside Illinois so that the | ||||||
| 19 | sale is exempt under the United States Constitution as a sale | ||||||
| 20 | in interstate or foreign commerce. | ||||||
| 21 | (f) Nothing in this Section may be construed to authorize a | ||||||
| 22 | tax to be imposed upon the privilege of engaging in any | ||||||
| 23 | business that under the Constitution of the United States may | ||||||
| 24 | not be made the subject of taxation by this State. | ||||||
| 25 | (g) If a county board imposes a tax under this Section | ||||||
| 26 | pursuant to a referendum held before the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 97th General Assembly at a rate below the | ||||||
| 2 | rate set forth in the question approved by a majority of | ||||||
| 3 | electors of that county voting on the question as provided in | ||||||
| 4 | subsection (c), then the county board may, by ordinance, | ||||||
| 5 | increase the rate of the tax up to the rate set forth in the | ||||||
| 6 | question approved by a majority of electors of that county | ||||||
| 7 | voting on the question as provided in subsection (c). If a | ||||||
| 8 | county board imposes a tax under this Section pursuant to a | ||||||
| 9 | referendum held before the effective date of this amendatory | ||||||
| 10 | Act of the 97th General Assembly, then the board may, by | ||||||
| 11 | ordinance, discontinue or reduce the rate of the tax. If a tax | ||||||
| 12 | is imposed under this Section pursuant to a referendum held on | ||||||
| 13 | or after the effective date of this amendatory Act of the 97th | ||||||
| 14 | General Assembly, then the county board may reduce or | ||||||
| 15 | discontinue the tax, but only in accordance with subsection | ||||||
| 16 | (h-5) of this Section. If, however, a school board issues bonds | ||||||
| 17 | that are secured by the proceeds of the tax under this Section, | ||||||
| 18 | then the county board may not reduce the tax rate or | ||||||
| 19 | discontinue the tax if that rate reduction or discontinuance | ||||||
| 20 | would adversely affect the school board's ability to pay the | ||||||
| 21 | principal and interest on those bonds as they become due or | ||||||
| 22 | necessitate the extension of additional property taxes to pay | ||||||
| 23 | the principal and interest on those bonds. If the county board | ||||||
| 24 | reduces the tax rate or discontinues the tax, then a referendum | ||||||
| 25 | must be held in accordance with subsection (c) of this Section | ||||||
| 26 | in order to increase the rate of the tax or to reimpose the | ||||||
| |||||||
| |||||||
| 1 | discontinued tax. | ||||||
| 2 | Until January 1, 2014, the results of any election that | ||||||
| 3 | imposes, reduces, or discontinues a tax under this Section must | ||||||
| 4 | be certified by the election authority, and any ordinance that | ||||||
| 5 | increases or lowers the rate or discontinues the tax must be | ||||||
| 6 | certified by the county clerk and, in each case, filed with the | ||||||
| 7 | Illinois Department of Revenue either (i) on or before the | ||||||
| 8 | first day of April, whereupon the Department shall proceed to | ||||||
| 9 | administer and enforce the tax or change in the rate as of the | ||||||
| 10 | first day of July next following the filing; or (ii) on or | ||||||
| 11 | before the first day of October, whereupon the Department shall | ||||||
| 12 | proceed to administer and enforce the tax or change in the rate | ||||||
| 13 | as of the first day of January next following the filing. | ||||||
| 14 | Beginning January 1, 2014, the results of any election that | ||||||
| 15 | imposes, reduces, or discontinues a tax under this Section must | ||||||
| 16 | be certified by the election authority, and any ordinance that | ||||||
| 17 | increases or lowers the rate or discontinues the tax must be | ||||||
| 18 | certified by the county clerk and, in each case, filed with the | ||||||
| 19 | Illinois Department of Revenue either (i) on or before the | ||||||
| 20 | first day of May, whereupon the Department shall proceed to | ||||||
| 21 | administer and enforce the tax or change in the rate as of the | ||||||
| 22 | first day of July next following the filing; or (ii) on or | ||||||
| 23 | before the first day of October, whereupon the Department shall | ||||||
| 24 | proceed to administer and enforce the tax or change in the rate | ||||||
| 25 | as of the first day of January next following the filing. | ||||||
| 26 | (h) For purposes of this Section, "school facility | ||||||
| |||||||
| |||||||
| 1 | purposes" means (i) the acquisition, development, | ||||||
| 2 | construction, reconstruction, rehabilitation, improvement, | ||||||
| 3 | financing, architectural planning, and installation of capital | ||||||
| 4 | facilities consisting of buildings, structures, and durable | ||||||
| 5 | equipment and for the acquisition and improvement of real | ||||||
| 6 | property and interest in real property required, or expected to | ||||||
| 7 | be required, in connection with the capital facilities and (ii) | ||||||
| 8 | the payment of bonds or other obligations heretofore or | ||||||
| 9 | hereafter issued, including bonds or other obligations | ||||||
| 10 | heretofore or hereafter issued to refund or to continue to | ||||||
| 11 | refund bonds or other obligations issued, for school facility | ||||||
| 12 | purposes, provided that the taxes levied to pay those bonds are | ||||||
| 13 | abated by the amount of the taxes imposed under this Section | ||||||
| 14 | that are used to pay those bonds. "School-facility purposes" | ||||||
| 15 | also includes fire prevention, safety, energy conservation, | ||||||
| 16 | disabled accessibility, school security, and specified repair | ||||||
| 17 | purposes set forth under Section 17-2.11 of the School Code. | ||||||
| 18 | (h-5) A county board in a county where a tax has been | ||||||
| 19 | imposed under this Section pursuant to a referendum held on or | ||||||
| 20 | after the effective date of this amendatory Act of the 97th | ||||||
| 21 | General Assembly may, by ordinance or resolution, submit to the | ||||||
| 22 | voters of the county the question of reducing or discontinuing | ||||||
| 23 | the tax. In the ordinance or resolution, the county board shall | ||||||
| 24 | certify the question to the proper election authority in | ||||||
| 25 | accordance with the Election Code. The election authority must | ||||||
| 26 | submit the question in substantially the following form: | ||||||
| |||||||
| |||||||
| 1 | Shall the school facility retailers' occupation tax | ||||||
| 2 | and service occupation tax (commonly referred to as the | ||||||
| 3 | "school facility sales tax") currently imposed in (name of | ||||||
| 4 | county) at a rate of (insert rate) be (reduced to (insert | ||||||
| 5 | rate))(discontinued)? | ||||||
| 6 | If a majority of the electors voting on the question vote in | ||||||
| 7 | the affirmative, then, subject to the provisions of subsection | ||||||
| 8 | (g) of this Section, the tax shall be reduced or discontinued | ||||||
| 9 | as set forth in the question. | ||||||
| 10 | (i) This Section does not apply to Cook County. | ||||||
| 11 | (j) This Section may be cited as the County School Facility | ||||||
| 12 | Occupation Tax Law.
| ||||||
| 13 | (Source: P.A. 97-542, eff. 8-23-11; 97-813, eff. 7-13-12; | ||||||
| 14 | 98-584, eff. 8-27-13.)
| ||||||
| 15 | Section 360. The County Care for Persons with Developmental | ||||||
| 16 | Disabilities Act is amended by changing the title of the Act | ||||||
| 17 | and Sections 1, 1.1, and 1.2 as follows:
| ||||||
| 18 | (55 ILCS 105/Act title)
| ||||||
| 19 | An Act concerning the care and treatment of persons with | ||||||
| 20 | intellectual or developmental disabilities who are | ||||||
| 21 | intellectually disabled or under developmental disability.
| ||||||
| 22 | (55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
| ||||||
| 23 | Sec. 1. Facilities or services; tax levy. Any county may | ||||||
| |||||||
| |||||||
| 1 | provide facilities or services for the benefit
of its residents | ||||||
| 2 | who are persons with intellectual or developmental | ||||||
| 3 | disabilities intellectually disabled or under
a developmental | ||||||
| 4 | disability and who are not eligible to participate
in any such | ||||||
| 5 | program conducted under Article 14 of the School Code, or
may | ||||||
| 6 | contract therefor with any privately or publicly operated | ||||||
| 7 | entity
which provides facilities or services either in or out | ||||||
| 8 | of such county.
| ||||||
| 9 | For such purpose, the county board may levy an annual tax | ||||||
| 10 | of not to
exceed .1% upon all of the taxable property in the | ||||||
| 11 | county at the value
thereof, as equalized or assessed by the | ||||||
| 12 | Department of Revenue. Taxes first levied under this Section on | ||||||
| 13 | or after the effective date of this amendatory Act of the 96th | ||||||
| 14 | General Assembly are subject to referendum approval under | ||||||
| 15 | Section 1.1 or 1.2 of this Act. Such tax
shall be levied and | ||||||
| 16 | collected in the same manner as
other county taxes, but shall | ||||||
| 17 | not be included in any limitation
otherwise prescribed as to | ||||||
| 18 | the rate or amount of county taxes but shall
be in addition | ||||||
| 19 | thereto and in excess thereof. When collected, such tax
shall | ||||||
| 20 | be paid into a special fund in the county treasury, to be
| ||||||
| 21 | designated as the "Fund for Persons With a Developmental | ||||||
| 22 | Disability", and shall
be used
only for the purpose specified | ||||||
| 23 | in this Section. The levying of this annual tax shall not | ||||||
| 24 | preclude the county from the use of other federal, State, or | ||||||
| 25 | local funds for the purpose of providing facilities or services | ||||||
| 26 | for the care and treatment of its residents who are mentally | ||||||
| |||||||
| |||||||
| 1 | retarded or under a developmental disability.
| ||||||
| 2 | (Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12.)
| ||||||
| 3 | (55 ILCS 105/1.1) | ||||||
| 4 | Sec. 1.1. Petition for submission to referendum by county. | ||||||
| 5 | (a) If, on and after the effective date of this amendatory | ||||||
| 6 | Act of the 96th General Assembly, the county board passes an | ||||||
| 7 | ordinance or resolution as provided in Section 1 of this Act | ||||||
| 8 | asking that an annual tax may be levied for the purpose of | ||||||
| 9 | providing facilities or services set forth in that Section and | ||||||
| 10 | so instructs the county clerk, the clerk shall certify the | ||||||
| 11 | proposition to the proper election officials for submission at | ||||||
| 12 | the next general county election. The proposition shall be in | ||||||
| 13 | substantially the following form: | ||||||
| 14 | Shall ..... County levy an annual tax not to
exceed | ||||||
| 15 | 0.1% upon the equalized assessed value of all taxable | ||||||
| 16 | property in the county for the purposes of providing | ||||||
| 17 | facilities or services for the benefit of its residents who | ||||||
| 18 | are persons with intellectual or developmental | ||||||
| 19 | disabilities intellectually disabled or under a | ||||||
| 20 | developmental disability and who are not eligible to | ||||||
| 21 | participate in any program provided under Article 14 of the | ||||||
| 22 | School Code, 105 ILCS 5/14-1.01 et seq., including | ||||||
| 23 | contracting for those facilities or services with any | ||||||
| 24 | privately or publicly operated entity that provides those | ||||||
| 25 | facilities or services either in or out of the county? | ||||||
| |||||||
| |||||||
| 1 | (b) If a majority of the votes cast upon the proposition | ||||||
| 2 | are in favor thereof, such tax levy shall be authorized and the | ||||||
| 3 | county shall levy a tax not to exceed the rate set forth in | ||||||
| 4 | Section 1 of this Act.
| ||||||
| 5 | (Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12; | ||||||
| 6 | 97-813, eff. 7-13-12.)
| ||||||
| 7 | (55 ILCS 105/1.2) | ||||||
| 8 | Sec. 1.2. Petition for submission to referendum by | ||||||
| 9 | electors. | ||||||
| 10 | (a) Whenever a petition for submission to referendum by the | ||||||
| 11 | electors which requests the establishment and maintenance of | ||||||
| 12 | facilities or services for the benefit of its residents with a | ||||||
| 13 | developmental disability and the levy of an annual tax not to | ||||||
| 14 | exceed 0.1% upon all the taxable property in the county at the | ||||||
| 15 | value thereof, as equalized or assessed by the Department of | ||||||
| 16 | Revenue, is signed by electors of the county equal in number to | ||||||
| 17 | at least 10% of the total votes cast for the office that | ||||||
| 18 | received the greatest total number of votes at the last | ||||||
| 19 | preceding general county election and is presented to the | ||||||
| 20 | county clerk, the clerk shall certify the proposition to the | ||||||
| 21 | proper election authorities for submission at the next general | ||||||
| 22 | county election. The proposition shall be in substantially the | ||||||
| 23 | following form: | ||||||
| 24 | Shall ..... County levy an annual tax not to
exceed | ||||||
| 25 | 0.1% upon the equalized assessed value of all taxable | ||||||
| |||||||
| |||||||
| 1 | property in the county for the purposes of establishing and | ||||||
| 2 | maintaining facilities or services for the benefit of its | ||||||
| 3 | residents who are persons with intellectual or | ||||||
| 4 | developmental disabilities intellectually disabled or | ||||||
| 5 | under a developmental disability and who are not eligible | ||||||
| 6 | to participate in any program provided under Article 14 of | ||||||
| 7 | the School Code, 105 ILCS 5/14-1.01 et seq., including | ||||||
| 8 | contracting for those facilities or services with any | ||||||
| 9 | privately or publicly operated entity that provides those | ||||||
| 10 | facilities or services either in or out of the county? | ||||||
| 11 | (b) If a majority of the votes cast upon the proposition | ||||||
| 12 | are in favor thereof, such tax levy shall be authorized and the | ||||||
| 13 | county shall levy a tax not to exceed the rate set forth in | ||||||
| 14 | Section 1 of this Act.
| ||||||
| 15 | (Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12; | ||||||
| 16 | 97-813, eff. 7-13-12.)
| ||||||
| 17 | Section 365. The Township Code is amended by changing | ||||||
| 18 | Section 30-145 and the heading of Article 185 and Section | ||||||
| 19 | 190-10 and the heading of Article 225 and Sections 225-5 and | ||||||
| 20 | 260-5 as follows:
| ||||||
| 21 | (60 ILCS 1/30-145)
| ||||||
| 22 | Sec. 30-145. Mental health services. If a township is not | ||||||
| 23 | included in a
mental health district organized under the | ||||||
| 24 | Community Mental Health Act, the
electors may authorize the | ||||||
| |||||||
| |||||||
| 1 | board of trustees to provide mental health
services ( , | ||||||
| 2 | including services for the
alcoholic and , the drug addicted, | ||||||
| 3 | and for persons with intellectual disabilities) the | ||||||
| 4 | intellectually disabled, for residents of the
township by | ||||||
| 5 | disbursing existing funds if available by contracting
with | ||||||
| 6 | mental health agencies
approved by the Department of Human | ||||||
| 7 | Services,
alcoholism treatment programs licensed by the | ||||||
| 8 | Department of Public Health, and
drug abuse facilities and | ||||||
| 9 | other alcohol and drug abuse services approved by the
| ||||||
| 10 | Department of Human Services. To be
eligible to receive
| ||||||
| 11 | township funds, an agency, program, facility, or other service | ||||||
| 12 | provider must
have been in existence for more than one year and | ||||||
| 13 | must serve the township
area.
| ||||||
| 14 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 15 | (60 ILCS 1/Art. 185 heading) | ||||||
| 16 | ARTICLE 185. FACILITIES AND SERVICES
| ||||||
| 17 | FOR PERSONS WITH DEVELOPMENTAL DISABILITIES DEVELOPMENTALLY | ||||||
| 18 | DISABLED PERSONS
| ||||||
| 19 | (60 ILCS 1/190-10)
| ||||||
| 20 | Sec. 190-10. Mental health services. If a township is not | ||||||
| 21 | included in a
mental health district organized under the | ||||||
| 22 | Community Mental Health Act, the
township board may provide | ||||||
| 23 | mental health services (including services for the
alcoholic | ||||||
| 24 | and , the drug addicted, and for persons with intellectual | ||||||
| |||||||
| |||||||
| 1 | disabilities the intellectually disabled) for residents of the
| ||||||
| 2 | township by disbursing funds, pursuant to an appropriation, to | ||||||
| 3 | mental health
agencies approved by the Department of Human | ||||||
| 4 | Services, alcoholism treatment
programs licensed by the | ||||||
| 5 | Department of
Public Health, drug abuse facilities approved by | ||||||
| 6 | the Department of Human
Services, and other alcoholism and drug
| ||||||
| 7 | abuse services approved by
the Department of Human Services. To | ||||||
| 8 | be
eligible for township
funds disbursed under this Section, an | ||||||
| 9 | agency, program, facility, or other
service provider must have | ||||||
| 10 | been in existence for more than one year and serve
the township | ||||||
| 11 | area.
| ||||||
| 12 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 13 | (60 ILCS 1/Art. 225 heading) | ||||||
| 14 | ARTICLE 225. SERVICES FOR
| ||||||
| 15 | PERSONS WITH DISABILITIES THE DISABLED
| ||||||
| 16 | (60 ILCS 1/225-5)
| ||||||
| 17 | Sec. 225-5. Township committee on persons with | ||||||
| 18 | disabilities the disabled.
| ||||||
| 19 | (a) The township board may appoint a township committee on | ||||||
| 20 | persons with disabilities the disabled,
comprised of not more | ||||||
| 21 | than 10 members, one of whom shall be a township
trustee | ||||||
| 22 | appointed by the chairman of the township board. A majority of | ||||||
| 23 | the
committee shall consist of persons with disabilities be | ||||||
| 24 | disabled. The initial members shall serve their terms as
| ||||||
| |||||||
| |||||||
| 1 | follows: 3 members for 1 year, 3 members for 2 years, and 3 | ||||||
| 2 | members for 3
years. Succeeding members shall serve 3-year | ||||||
| 3 | terms. The initial
and succeeding trustee members shall serve | ||||||
| 4 | 3-year terms or until termination of
their service as township | ||||||
| 5 | trustees, whichever occurs first.
| ||||||
| 6 | (b) Members of the committee shall select one of their | ||||||
| 7 | number to serve
as chairman and may select other officers | ||||||
| 8 | deemed necessary.
| ||||||
| 9 | (c) Members of the committee shall serve without | ||||||
| 10 | compensation but shall
be allowed necessary expenses incurred | ||||||
| 11 | in the performance of their duties
under this Section.
| ||||||
| 12 | (d) The committee shall cooperate with any appropriate | ||||||
| 13 | public or private
entity to develop and administer programs | ||||||
| 14 | designed to enhance the
self-sufficiency and quality of life of | ||||||
| 15 | citizens with disabilities disabled citizens residing within | ||||||
| 16 | the
jurisdiction of the township.
| ||||||
| 17 | (e) The committee may receive any available monies from | ||||||
| 18 | private
sources. The township board may provide funding from | ||||||
| 19 | the township general
fund. The township board may establish and | ||||||
| 20 | administer a separate fund
for the committee on persons with | ||||||
| 21 | disabilities the disabled and shall authorize all committee
| ||||||
| 22 | expenditures from that fund.
| ||||||
| 23 | (f) The committee may enter into service agreements or | ||||||
| 24 | contracts for the
purpose of providing needed or required | ||||||
| 25 | services or make grants to another
governmental entity, | ||||||
| 26 | not-for-profit corporation, or community service agency
to | ||||||
| |||||||
| |||||||
| 1 | fund programs for persons with disabilities the disabled, | ||||||
| 2 | subject to the approval of the township
board.
| ||||||
| 3 | (g) The committee shall report monthly to the township | ||||||
| 4 | board on its
activities and operation.
| ||||||
| 5 | (h) For purposes of this Section, "persons with | ||||||
| 6 | disabilities disabled" means any persons any person with
a | ||||||
| 7 | physical or developmental disability.
| ||||||
| 8 | (Source: P.A. 83-1362; 88-62.)
| ||||||
| 9 | (60 ILCS 1/260-5)
| ||||||
| 10 | Sec. 260-5. Distributions from general fund, generally. To | ||||||
| 11 | the extent that
moneys in the township general fund have not | ||||||
| 12 | been appropriated for other
purposes, the township board may | ||||||
| 13 | direct that distributions be made from that
fund as follows:
| ||||||
| 14 | (1) To (i) school districts maintaining grades 1 | ||||||
| 15 | through 8 that are wholly
or partly located within the | ||||||
| 16 | township or (ii) governmental units as defined in
Section 1 | ||||||
| 17 | of the Community Mental Health Act that provide mental | ||||||
| 18 | health
facilities and services (including facilities and | ||||||
| 19 | services for persons with intellectual disabilities the | ||||||
| 20 | intellectually disabled) under that Act within the | ||||||
| 21 | township, or (iii) both.
| ||||||
| 22 | (2) To community action agencies that serve township | ||||||
| 23 | residents. "Community
action agencies" are defined as in | ||||||
| 24 | Part A of Title II of the federal Economic
Opportunity Act | ||||||
| 25 | of 1964.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 2 | Section 370. The Illinois Municipal Code is amended by | ||||||
| 3 | changing Sections 8-3-7a, 10-5-2, 11-11.1-1, 11-20-14, | ||||||
| 4 | 11-74.3-6, 11-95-13, and 11-95-14 as follows:
| ||||||
| 5 | (65 ILCS 5/8-3-7a) (from Ch. 24, par. 8-3-7a)
| ||||||
| 6 | Sec. 8-3-7a.
(a) Whenever a petition containing the | ||||||
| 7 | signatures of at
least l,000 or 10% of the registered voters, | ||||||
| 8 | whichever is less, residing
in a municipality of 500,000 or | ||||||
| 9 | fewer inhabitants is presented to the corporate
authorities of | ||||||
| 10 | the municipality requesting the submission of a proposition
to | ||||||
| 11 | levy a tax at a rate not exceeding .075% upon the value, as | ||||||
| 12 | equalized
or assessed by the Department
of Revenue, of all | ||||||
| 13 | property within the municipality subject to taxation,
for the | ||||||
| 14 | purpose of financing a public transportation system for elderly
| ||||||
| 15 | persons and persons with disabilities and handicapped persons, | ||||||
| 16 | the corporate authorities of such municipality
shall adopt an | ||||||
| 17 | ordinance or resolution directing the proper election | ||||||
| 18 | officials
to place the proposition on the ballot at the next | ||||||
| 19 | election at which such
proposition may be voted upon. The | ||||||
| 20 | petition shall be filed with the corporate
authorities at least | ||||||
| 21 | 90 days prior to the next election at which such proposition
| ||||||
| 22 | may be voted upon. The petition may specify whether the | ||||||
| 23 | transportation
system financed by a tax levy under this Section | ||||||
| 24 | is to serve only the municipality
levying such tax or specified | ||||||
| |||||||
| |||||||
| 1 | regions outside the corporate boundaries of
such municipality | ||||||
| 2 | in addition thereto. The petition shall be in substantially
the | ||||||
| 3 | following form:
| ||||||
| 4 | We, the undersigned registered voters residing in ..... | ||||||
| 5 | (specify the municipality),
in the County of ..... and State of | ||||||
| 6 | Illinois, do hereby petition that the
corporate authorities of | ||||||
| 7 | ....... (specify the municipality) be required
to place on the | ||||||
| 8 | ballot the proposition requiring the municipality to levy an
| ||||||
| 9 | annual tax at the rate of ...... (specify a rate not exceeding | ||||||
| 10 | .075%) on
all taxable property in ....... (specify the | ||||||
| 11 | municipality) for the purpose
of financing a public | ||||||
| 12 | transportation system for elderly persons and persons with | ||||||
| 13 | disabilities and handicapped
persons within ...... (specify | ||||||
| 14 | the municipality and any regions outside
the corporate | ||||||
| 15 | boundaries to be served by the transportation system).
| ||||||
| 16 | Name......... Address...........
| ||||||
| 17 | State of Illinois)
| ||||||
| 18 | )ss
| ||||||
| 19 | County of... )
| ||||||
| 20 | I ........, do hereby certify that I am a registered voter, | ||||||
| 21 | that I reside
at No....... street, in the ...... of ......... | ||||||
| 22 | County of ......... and
State of Illinois, and that signatures | ||||||
| 23 | in this sheet were signed in my presence,
and are genuine, and | ||||||
| 24 | that to the best of my knowledge and belief the persons
so | ||||||
| 25 | signing were at the time of signing the petitions registered | ||||||
| 26 | voters,
and that their respective residences are correctly | ||||||
| |||||||
| |||||||
| 1 | stated, as above set forth.
| ||||||
| 2 | ...................
| ||||||
| 3 | Subscribed and sworn to me this ........... day of | ||||||
| 4 | .......... A.D....
| ||||||
| 5 | The proposition shall be in substantially the following | ||||||
| 6 | form:
| ||||||
| 7 | -------------------------------------------------------------
| ||||||
| 8 | Shall a tax of ...... % (specify
| ||||||
| 9 | a rate not exceeding .075%) be levied
| ||||||
| 10 | annually on all taxable property in
| ||||||
| 11 | ......(specify the municipality) to pay YES
| ||||||
| 12 | the cost of operating and maintaining
| ||||||
| 13 | a public transportation system for -------------------
| ||||||
| 14 | elderly persons and persons with disabilities and handicapped | ||||||
| 15 | persons
| ||||||
| 16 | within........(specify the municipality NO
| ||||||
| 17 | and any regions outside the corporate
| ||||||
| 18 | boundaries to be served by the
| ||||||
| 19 | transportation system)?
| ||||||
| 20 | -------------------------------------------------------------
| ||||||
| 21 | If the majority of the voters of the municipality voting | ||||||
| 22 | therein vote
in favor of the proposition, the corporate | ||||||
| 23 | authorities of the municipality
shall levy such annual tax at | ||||||
| 24 | the rate specified in the proposition. If
the majority of the | ||||||
| 25 | vote is against such proposition, such tax may not be levied.
| ||||||
| 26 | (b) Municipalities under this Section may contract with any | ||||||
| |||||||
| |||||||
| 1 | not-for-profit
corporation, subject to the General Not for | ||||||
| 2 | Profit Corporation Act and incorporated
primarily for the | ||||||
| 3 | purpose of providing transportation to elderly persons and | ||||||
| 4 | persons with disabilities and handicapped
persons, for such | ||||||
| 5 | corporation to provide transportation-related services
for the | ||||||
| 6 | purposes of this Section. Municipalities should utilize where | ||||||
| 7 | possible
existing facilities and systems already operating for | ||||||
| 8 | the purposes outlined
in this Section.
| ||||||
| 9 | (c) Taxes authorized under this Section may be used only | ||||||
| 10 | for the purpose
of financing a transportation system for | ||||||
| 11 | elderly persons and persons with disabilities and handicapped | ||||||
| 12 | persons
as authorized in this Section.
| ||||||
| 13 | (d) For purposes of this Section, "persons with | ||||||
| 14 | disabilities handicapped person" means
any individuals | ||||||
| 15 | individual who, by reason of illness, injury, age, congenital | ||||||
| 16 | malfunction,
or other permanent or temporary disability, are is | ||||||
| 17 | unable without special public
transportation facilities or | ||||||
| 18 | special planning or design to utilize ordinary
public | ||||||
| 19 | transportation facilities and services as effectively as | ||||||
| 20 | persons
who are not so affected.
| ||||||
| 21 | "Public transportation for elderly persons and persons with | ||||||
| 22 | disabilities and handicapped" means a transportation
system | ||||||
| 23 | for persons who have mental or physical difficulty in accessing | ||||||
| 24 | or
using the conventional public mass transportation system, or | ||||||
| 25 | for any
other reason.
| ||||||
| 26 | (Source: P.A. 83-656.)
| ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
| ||||||
| 2 | Sec. 10-5-2.
| ||||||
| 3 | Each such policy of insurance shall provide for the payment | ||||||
| 4 | to every
volunteer member of such fire department receiving any | ||||||
| 5 | injury, which injury
was sustained through accidental means and | ||||||
| 6 | was caused by and arose out of
the duties of such member as a | ||||||
| 7 | volunteer fireman, causing a disability
which prevents such | ||||||
| 8 | member from pursuing his usual vocation, as follows:
| ||||||
| 9 | In such cities, villages and incorporated towns having a | ||||||
| 10 | population of
less than 1,000, a weekly indemnity of not less | ||||||
| 11 | than $20,
| ||||||
| 12 | In such cities, villages and incorporated towns having a | ||||||
| 13 | population of
1,000 or more, a weekly indemnity of not less | ||||||
| 14 | than $30.
| ||||||
| 15 | Every such policy shall further provide:
| ||||||
| 16 | (a) That the weekly indemnity payable thereunder shall be | ||||||
| 17 | paid as long
as such disability shall continue, not however, to | ||||||
| 18 | exceed a period of 52
weeks.
| ||||||
| 19 | (b) That in the event of the death or total permanent | ||||||
| 20 | disability of such
volunteer fireman, the sum of not less than | ||||||
| 21 | $3,500 shall be paid to the
estate of any such volunteer | ||||||
| 22 | fireman or to such volunteer fireman with a total permanent | ||||||
| 23 | disability total permanently disabled
volunteer fireman, as | ||||||
| 24 | the case may be.
| ||||||
| 25 | (c) For the payment of such medical, surgical, hospital and | ||||||
| |||||||
| |||||||
| 1 | nurse
services and supplies, as may be necessary on account of | ||||||
| 2 | such injury, the
total sum thereof, however, not to exceed | ||||||
| 3 | $750, for injuries sustained as
the result of any one accident.
| ||||||
| 4 | This amendatory act of 1973 does not apply to any | ||||||
| 5 | municipality which is
a home rule unit.
| ||||||
| 6 | (Source: P.A. 78-481.)
| ||||||
| 7 | (65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
| ||||||
| 8 | Sec. 11-11.1-1.
The corporate authorities of any | ||||||
| 9 | municipality may enact
ordinances prescribing fair housing | ||||||
| 10 | practices, defining unfair housing
practices, establishing | ||||||
| 11 | Fair Housing or Human Relations Commissions and
standards for | ||||||
| 12 | the operation of such Commissions in the administering and
| ||||||
| 13 | enforcement of such ordinances, prohibiting discrimination | ||||||
| 14 | based on race,
color, religion, sex, creed, ancestry, national | ||||||
| 15 | origin, or physical
or mental disability handicap in
the | ||||||
| 16 | listing, sale, assignment, exchange, transfer, lease, rental | ||||||
| 17 | or
financing of real property for the purpose of the | ||||||
| 18 | residential occupancy
thereof, and prescribing penalties for | ||||||
| 19 | violations of such ordinances.
| ||||||
| 20 | Such ordinances may provide for closed meetings of the | ||||||
| 21 | Commissions or
other administrative agencies responsible for | ||||||
| 22 | administering and enforcing
such ordinances for the purpose of | ||||||
| 23 | conciliating complaints of
discrimination and such meetings | ||||||
| 24 | shall not be subject to the provisions of
"An Act in relation | ||||||
| 25 | to meetings", approved July 11, 1957, as amended. No
final | ||||||
| |||||||
| |||||||
| 1 | action for the imposition or recommendation of a penalty by | ||||||
| 2 | such
Commissions or agencies shall be taken, except at a | ||||||
| 3 | meeting open to the
public.
| ||||||
| 4 | To secure and guarantee the rights established by Sections | ||||||
| 5 | 17, 18 and
19 of Article I of the Illinois Constitution, it is | ||||||
| 6 | declared that any ordinance
or standard enacted under the | ||||||
| 7 | authority of this Section or under general
home rule power and | ||||||
| 8 | any standard, rule or regulation of such a Commission
which | ||||||
| 9 | prohibits, restricts, narrows or limits the housing choice of | ||||||
| 10 | any person is
unenforceable and void.
Nothing in this | ||||||
| 11 | amendatory Act of 1981 prohibits such a commission
or a unit of | ||||||
| 12 | local government from making special outreach efforts to
inform | ||||||
| 13 | members of minority groups of housing opportunities available | ||||||
| 14 | in
areas of majority white concentration and make
similar | ||||||
| 15 | efforts to inform the majority white population of available
| ||||||
| 16 | housing opportunities located in areas
of minority | ||||||
| 17 | concentration.
| ||||||
| 18 | This amendatory Act of 1981 applies to municipalities which | ||||||
| 19 | are home rule
units. Pursuant to Article VII, Section 6, | ||||||
| 20 | paragraph (i) of the Illinois
Constitution, this amendatory Act | ||||||
| 21 | of 1981 is a limit on the power of municipalities
that are home | ||||||
| 22 | rule units.
| ||||||
| 23 | (Source: P.A. 82-340.)
| ||||||
| 24 | (65 ILCS 5/11-20-14) | ||||||
| 25 | Sec. 11-20-14. Companion dogs; restaurants. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other prohibition to the contrary, a | ||||||
| 2 | municipality with a population of 1,000,000 or more may, by | ||||||
| 3 | ordinance, authorize the presence of companion dogs in outdoor | ||||||
| 4 | areas of restaurants where food is served, if the ordinance | ||||||
| 5 | provides for adequate controls to ensure compliance with the | ||||||
| 6 | Illinois Food, Drug, and Cosmetic Act, the Food Handling | ||||||
| 7 | Regulation Enforcement Act, the Sanitary Food Preparation Act, | ||||||
| 8 | and any other applicable statutes and ordinances. An ordinance | ||||||
| 9 | enacted under this Section shall provide that: (i) no companion | ||||||
| 10 | dog shall be present in the interior of any restaurant or in | ||||||
| 11 | any area where food is prepared; and (ii) the restaurant shall | ||||||
| 12 | have the right to refuse to serve the owner of a companion dog | ||||||
| 13 | if the owner fails to exercise reasonable control over the | ||||||
| 14 | companion dog or the companion dog is otherwise behaving in a | ||||||
| 15 | manner that compromises or threatens to compromise the health | ||||||
| 16 | or safety of any person present in the restaurant, including, | ||||||
| 17 | but not limited to, violations and potential violations of any | ||||||
| 18 | applicable health code or other statute or ordinance. An | ||||||
| 19 | ordinance enacted under this Section may also provide for a | ||||||
| 20 | permitting process to authorize individual restaurants to | ||||||
| 21 | permit dogs as provided in this Section and to charge | ||||||
| 22 | applicants and authorized restaurants a reasonable permit fee | ||||||
| 23 | as the ordinance may establish. | ||||||
| 24 | For the purposes of this Section, "companion dog" means a | ||||||
| 25 | dog other than a service dog assisting a person with a | ||||||
| 26 | disability handicapped person.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-276, eff. 1-1-08.)
| ||||||
| 2 | (65 ILCS 5/11-74.3-6) | ||||||
| 3 | Sec. 11-74.3-6. Business district revenue and obligations; | ||||||
| 4 | business district tax allocation fund. | ||||||
| 5 | (a) If the corporate authorities of a municipality have | ||||||
| 6 | approved a business district plan, have designated a business | ||||||
| 7 | district, and have elected to impose a tax by ordinance | ||||||
| 8 | pursuant to subsection (10) or (11) of Section 11-74.3-3, then | ||||||
| 9 | each year after the date of the approval of the ordinance but | ||||||
| 10 | terminating upon the date all business district project costs | ||||||
| 11 | and all obligations paying or reimbursing business district | ||||||
| 12 | project costs, if any, have been paid, but in no event later | ||||||
| 13 | than the dissolution date, all amounts generated by the | ||||||
| 14 | retailers' occupation tax and service occupation tax shall be | ||||||
| 15 | collected and the tax shall be enforced by the Department of | ||||||
| 16 | Revenue in the same manner as all retailers' occupation taxes | ||||||
| 17 | and service occupation taxes imposed in the municipality | ||||||
| 18 | imposing the tax and all amounts generated by the hotel | ||||||
| 19 | operators' occupation tax shall be collected and the tax shall | ||||||
| 20 | be enforced by the municipality in the same manner as all hotel | ||||||
| 21 | operators' occupation taxes imposed in the municipality | ||||||
| 22 | imposing the tax. The corporate authorities of the municipality | ||||||
| 23 | shall deposit the proceeds of the taxes imposed under | ||||||
| 24 | subsections (10) and (11) of Section 11-74.3-3 into a special | ||||||
| 25 | fund of the municipality called the "[Name of] Business | ||||||
| |||||||
| |||||||
| 1 | District Tax Allocation Fund" for the purpose of paying or | ||||||
| 2 | reimbursing business district project costs and obligations | ||||||
| 3 | incurred in the payment of those costs. | ||||||
| 4 | (b) The corporate authorities of a municipality that has | ||||||
| 5 | designated a business district under this Law may, by | ||||||
| 6 | ordinance, impose a Business District Retailers' Occupation | ||||||
| 7 | Tax upon all persons engaged in the business of selling | ||||||
| 8 | tangible personal property, other than an item of tangible | ||||||
| 9 | personal property titled or registered with an agency of this | ||||||
| 10 | State's government, at retail in the business district at a | ||||||
| 11 | rate not to exceed 1% of the gross receipts from the sales made | ||||||
| 12 | in the course of such business, to be imposed only in 0.25% | ||||||
| 13 | increments. The tax may not be imposed on food for human | ||||||
| 14 | consumption that is to be consumed off the premises where it is | ||||||
| 15 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 16 | that has been prepared for immediate consumption),
| ||||||
| 17 | prescription and nonprescription medicines, drugs, medical | ||||||
| 18 | appliances, modifications to a motor vehicle for the purpose of | ||||||
| 19 | rendering it usable by a person with a disability disabled | ||||||
| 20 | person, and insulin, urine testing materials, syringes, and | ||||||
| 21 | needles used by diabetics, for human use. | ||||||
| 22 | The tax imposed under this subsection and all civil | ||||||
| 23 | penalties that may be assessed as an incident thereof shall be | ||||||
| 24 | collected and enforced by the Department of Revenue. The | ||||||
| 25 | certificate of registration that is issued by the Department to | ||||||
| 26 | a retailer under the Retailers' Occupation Tax Act shall permit | ||||||
| |||||||
| |||||||
| 1 | the retailer to engage in a business that is taxable under any | ||||||
| 2 | ordinance or resolution enacted pursuant to this subsection | ||||||
| 3 | without registering separately with the Department under such | ||||||
| 4 | ordinance or resolution or under this subsection. The | ||||||
| 5 | Department of Revenue shall have full power to administer and | ||||||
| 6 | enforce this subsection; to collect all taxes and penalties due | ||||||
| 7 | under this subsection in the manner hereinafter provided; and | ||||||
| 8 | to determine all rights to credit memoranda arising on account | ||||||
| 9 | of the erroneous payment of tax or penalty under this | ||||||
| 10 | subsection. In the administration of, and compliance with, this | ||||||
| 11 | subsection, the Department and persons who are subject to this | ||||||
| 12 | subsection shall have the same rights, remedies, privileges, | ||||||
| 13 | immunities, powers and duties, and be subject to the same | ||||||
| 14 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
| 15 | exemptions, and definitions of terms and employ the same modes | ||||||
| 16 | of procedure, as are prescribed in Sections 1, 1a through 1o, 2 | ||||||
| 17 | through 2-65 (in respect to all provisions therein other than | ||||||
| 18 | the State rate of tax), 2c through 2h, 3 (except as to the | ||||||
| 19 | disposition of taxes and penalties collected), 4, 5, 5a, 5c, | ||||||
| 20 | 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, | ||||||
| 21 | 12, 13, and 14 of the Retailers' Occupation Tax Act and all | ||||||
| 22 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 23 | if those provisions were set forth herein. | ||||||
| 24 | Persons subject to any tax imposed under this subsection | ||||||
| 25 | may reimburse themselves for their seller's tax liability under | ||||||
| 26 | this subsection by separately stating the tax as an additional | ||||||
| |||||||
| |||||||
| 1 | charge, which charge may be stated in combination, in a single | ||||||
| 2 | amount, with State taxes that sellers are required to collect | ||||||
| 3 | under the Use Tax Act, in accordance with such bracket | ||||||
| 4 | schedules as the Department may prescribe. | ||||||
| 5 | Whenever the Department determines that a refund should be | ||||||
| 6 | made under this subsection to a claimant instead of issuing a | ||||||
| 7 | credit memorandum, the Department shall notify the State | ||||||
| 8 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 9 | amount specified and to the person named in the notification | ||||||
| 10 | from the Department. The refund shall be paid by the State | ||||||
| 11 | Treasurer out of the business district retailers' occupation | ||||||
| 12 | tax fund. | ||||||
| 13 | The Department shall immediately pay over to the State | ||||||
| 14 | Treasurer, ex officio, as trustee, all taxes, penalties, and | ||||||
| 15 | interest collected under this subsection for deposit into the | ||||||
| 16 | business district retailers' occupation tax fund. | ||||||
| 17 | As soon as possible after the first day of each month, | ||||||
| 18 | beginning January 1, 2011, upon certification of the Department | ||||||
| 19 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 20 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 21 | local sales tax increment, as defined in the Innovation | ||||||
| 22 | Development and Economy Act, collected under this subsection | ||||||
| 23 | during the second preceding calendar month for sales within a | ||||||
| 24 | STAR bond district. | ||||||
| 25 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 26 | on or before the 25th day of each calendar month, the | ||||||
| |||||||
| |||||||
| 1 | Department shall prepare and certify to the Comptroller the | ||||||
| 2 | disbursement of stated sums of money to named municipalities | ||||||
| 3 | from the business district retailers' occupation tax fund, the | ||||||
| 4 | municipalities to be those from which retailers have paid taxes | ||||||
| 5 | or penalties under this subsection to the Department during the | ||||||
| 6 | second preceding calendar month. The amount to be paid to each | ||||||
| 7 | municipality shall be the amount (not including credit | ||||||
| 8 | memoranda) collected under this subsection during the second | ||||||
| 9 | preceding calendar month by the Department plus an amount the | ||||||
| 10 | Department determines is necessary to offset any amounts that | ||||||
| 11 | were erroneously paid to a different taxing body, and not | ||||||
| 12 | including an amount equal to the amount of refunds made during | ||||||
| 13 | the second preceding calendar month by the Department, less 2% | ||||||
| 14 | of that amount, which shall be deposited into the Tax | ||||||
| 15 | Compliance and Administration Fund and shall be used by the | ||||||
| 16 | Department, subject to appropriation, to cover the costs of the | ||||||
| 17 | Department in administering and enforcing the provisions of | ||||||
| 18 | this subsection, on behalf of such municipality, and not | ||||||
| 19 | including any amount that the Department determines is | ||||||
| 20 | necessary to offset any amounts that were payable to a | ||||||
| 21 | different taxing body but were erroneously paid to the | ||||||
| 22 | municipality, and not including any amounts that are | ||||||
| 23 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
| 24 | after receipt by the Comptroller of the disbursement | ||||||
| 25 | certification to the municipalities provided for in this | ||||||
| 26 | subsection to be given to the Comptroller by the Department, | ||||||
| |||||||
| |||||||
| 1 | the Comptroller shall cause the orders to be drawn for the | ||||||
| 2 | respective amounts in accordance with the directions contained | ||||||
| 3 | in the certification. The proceeds of the tax paid to | ||||||
| 4 | municipalities under this subsection shall be deposited into | ||||||
| 5 | the Business District Tax Allocation Fund by the municipality.
| ||||||
| 6 | An ordinance imposing or discontinuing the tax under this | ||||||
| 7 | subsection or effecting a change in the rate thereof shall | ||||||
| 8 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 9 | the Department on or before the first day of April, whereupon | ||||||
| 10 | the Department, if all other requirements of this subsection | ||||||
| 11 | are met, shall proceed to administer and enforce this | ||||||
| 12 | subsection as of the first day of July next following the | ||||||
| 13 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
| 14 | thereof filed with the Department on or before the first day of | ||||||
| 15 | October, whereupon, if all other requirements of this | ||||||
| 16 | subsection are met, the Department shall proceed to administer | ||||||
| 17 | and enforce this subsection as of the first day of January next | ||||||
| 18 | following the adoption and filing. | ||||||
| 19 | The Department of Revenue shall not administer or enforce | ||||||
| 20 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
| 21 | the tax under this subsection, until the municipality also | ||||||
| 22 | provides, in the manner prescribed by the Department, the | ||||||
| 23 | boundaries of the business district and each address in the | ||||||
| 24 | business district in such a way that the Department can | ||||||
| 25 | determine by its address whether a business is located in the | ||||||
| 26 | business district. The municipality must provide this boundary | ||||||
| |||||||
| |||||||
| 1 | and address information to the Department on or before April 1 | ||||||
| 2 | for administration and enforcement of the tax under this | ||||||
| 3 | subsection by the Department beginning on the following July 1 | ||||||
| 4 | and on or before October 1 for administration and enforcement | ||||||
| 5 | of the tax under this subsection by the Department beginning on | ||||||
| 6 | the following January 1. The Department of Revenue shall not | ||||||
| 7 | administer or enforce any change made to the boundaries of a | ||||||
| 8 | business district or address change, addition, or deletion | ||||||
| 9 | until the municipality reports the boundary change or address | ||||||
| 10 | change, addition, or deletion to the Department in the manner | ||||||
| 11 | prescribed by the Department. The municipality must provide | ||||||
| 12 | this boundary change information or address change, addition, | ||||||
| 13 | or deletion to the Department on or before April 1 for | ||||||
| 14 | administration and enforcement by the Department of the change | ||||||
| 15 | beginning on the following July 1 and on or before October 1 | ||||||
| 16 | for administration and enforcement by the Department of the | ||||||
| 17 | change beginning on the following January 1. The retailers in | ||||||
| 18 | the business district shall be responsible for charging the tax | ||||||
| 19 | imposed under this subsection. If a retailer is incorrectly | ||||||
| 20 | included or excluded from the list of those required to collect | ||||||
| 21 | the tax under this subsection, both the Department of Revenue | ||||||
| 22 | and the retailer shall be held harmless if they reasonably | ||||||
| 23 | relied on information provided by the municipality. | ||||||
| 24 | A municipality that imposes the tax under this subsection | ||||||
| 25 | must submit to the Department of Revenue any other information | ||||||
| 26 | as the Department may require for the administration and | ||||||
| |||||||
| |||||||
| 1 | enforcement of the tax.
| ||||||
| 2 | When certifying the amount of a monthly disbursement to a | ||||||
| 3 | municipality under this subsection, the Department shall | ||||||
| 4 | increase or decrease the amount by an amount necessary to | ||||||
| 5 | offset any misallocation of previous disbursements. The offset | ||||||
| 6 | amount shall be the amount erroneously disbursed within the | ||||||
| 7 | previous 6 months from the time a misallocation is discovered. | ||||||
| 8 | Nothing in this subsection shall be construed to authorize | ||||||
| 9 | the municipality to impose a tax upon the privilege of engaging | ||||||
| 10 | in any business which under the Constitution of the United | ||||||
| 11 | States may not be made the subject of taxation by this State. | ||||||
| 12 | If a tax is imposed under this subsection (b), a tax shall | ||||||
| 13 | also be imposed under subsection (c) of this Section. | ||||||
| 14 | (c) If a tax has been imposed under subsection (b), a | ||||||
| 15 | Business District Service Occupation Tax shall also be imposed | ||||||
| 16 | upon all persons engaged, in the business district, in the | ||||||
| 17 | business of making sales of service, who, as an incident to | ||||||
| 18 | making those sales of service, transfer tangible personal | ||||||
| 19 | property within the business district, either in the form of | ||||||
| 20 | tangible personal property or in the form of real estate as an | ||||||
| 21 | incident to a sale of service. The tax shall be imposed at the | ||||||
| 22 | same rate as the tax imposed in subsection (b) and shall not | ||||||
| 23 | exceed 1% of the selling price of tangible personal property so | ||||||
| 24 | transferred within the business district, to be imposed only in | ||||||
| 25 | 0.25% increments. The tax may not be imposed on food for human | ||||||
| 26 | consumption that is to be consumed off the premises where it is | ||||||
| |||||||
| |||||||
| 1 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 2 | that has been prepared for immediate consumption),
| ||||||
| 3 | prescription and nonprescription medicines, drugs, medical | ||||||
| 4 | appliances, modifications to a motor vehicle for the purpose of | ||||||
| 5 | rendering it usable by a person with a disability disabled | ||||||
| 6 | person, and insulin, urine testing materials, syringes, and | ||||||
| 7 | needles used by diabetics, for human use. | ||||||
| 8 | The tax imposed under this subsection and all civil | ||||||
| 9 | penalties that may be assessed as an incident thereof shall be | ||||||
| 10 | collected and enforced by the Department of Revenue. The | ||||||
| 11 | certificate of registration which is issued by the Department | ||||||
| 12 | to a retailer under the Retailers' Occupation Tax Act or under | ||||||
| 13 | the Service Occupation Tax Act shall permit such registrant to | ||||||
| 14 | engage in a business which is taxable under any ordinance or | ||||||
| 15 | resolution enacted pursuant to this subsection without | ||||||
| 16 | registering separately with the Department under such | ||||||
| 17 | ordinance or resolution or under this subsection. The | ||||||
| 18 | Department of Revenue shall have full power to administer and | ||||||
| 19 | enforce this subsection; to collect all taxes and penalties due | ||||||
| 20 | under this subsection; to dispose of taxes and penalties so | ||||||
| 21 | collected in the manner hereinafter provided; and to determine | ||||||
| 22 | all rights to credit memoranda arising on account of the | ||||||
| 23 | erroneous payment of tax or penalty under this subsection. In | ||||||
| 24 | the administration of, and compliance with this subsection, the | ||||||
| 25 | Department and persons who are subject to this subsection shall | ||||||
| 26 | have the same rights, remedies, privileges, immunities, powers | ||||||
| |||||||
| |||||||
| 1 | and duties, and be subject to the same conditions, | ||||||
| 2 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
| 3 | and definitions of terms and employ the same modes of procedure | ||||||
| 4 | as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 | ||||||
| 5 | (in respect to all provisions therein other than the State rate | ||||||
| 6 | of tax), 4 (except that the reference to the State shall be to | ||||||
| 7 | the business district), 5, 7, 8 (except that the jurisdiction | ||||||
| 8 | to which the tax shall be a debt to the extent indicated in | ||||||
| 9 | that Section 8 shall be the municipality), 9 (except as to the | ||||||
| 10 | disposition of taxes and penalties collected, and except that | ||||||
| 11 | the returned merchandise credit for this tax may not be taken | ||||||
| 12 | against any State tax), 10, 11, 12 (except the reference | ||||||
| 13 | therein to Section 2b of the Retailers' Occupation Tax Act), 13 | ||||||
| 14 | (except that any reference to the State shall mean the | ||||||
| 15 | municipality), the first paragraph of Section 15, and Sections | ||||||
| 16 | 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all | ||||||
| 17 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 18 | if those provisions were set forth herein. | ||||||
| 19 | Persons subject to any tax imposed under the authority | ||||||
| 20 | granted in this subsection may reimburse themselves for their | ||||||
| 21 | serviceman's tax liability hereunder by separately stating the | ||||||
| 22 | tax as an additional charge, which charge may be stated in | ||||||
| 23 | combination, in a single amount, with State tax that servicemen | ||||||
| 24 | are authorized to collect under the Service Use Tax Act, in | ||||||
| 25 | accordance with such bracket schedules as the Department may | ||||||
| 26 | prescribe. | ||||||
| |||||||
| |||||||
| 1 | Whenever the Department determines that a refund should be | ||||||
| 2 | made under this subsection to a claimant instead of issuing | ||||||
| 3 | credit memorandum, the Department shall notify the State | ||||||
| 4 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 5 | amount specified, and to the person named, in such notification | ||||||
| 6 | from the Department. Such refund shall be paid by the State | ||||||
| 7 | Treasurer out of the business district retailers' occupation | ||||||
| 8 | tax fund. | ||||||
| 9 | The Department shall forthwith pay over to the State | ||||||
| 10 | Treasurer, ex-officio, as trustee, all taxes, penalties, and | ||||||
| 11 | interest collected under this subsection for deposit into the | ||||||
| 12 | business district retailers' occupation tax fund. | ||||||
| 13 | As soon as possible after the first day of each month, | ||||||
| 14 | beginning January 1, 2011, upon certification of the Department | ||||||
| 15 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 16 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 17 | local sales tax increment, as defined in the Innovation | ||||||
| 18 | Development and Economy Act, collected under this subsection | ||||||
| 19 | during the second preceding calendar month for sales within a | ||||||
| 20 | STAR bond district. | ||||||
| 21 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 22 | on or before the 25th day of each calendar month, the | ||||||
| 23 | Department shall prepare and certify to the Comptroller the | ||||||
| 24 | disbursement of stated sums of money to named municipalities | ||||||
| 25 | from the business district retailers' occupation tax fund, the | ||||||
| 26 | municipalities to be those from which suppliers and servicemen | ||||||
| |||||||
| |||||||
| 1 | have paid taxes or penalties under this subsection to the | ||||||
| 2 | Department during the second preceding calendar month. The | ||||||
| 3 | amount to be paid to each municipality shall be the amount (not | ||||||
| 4 | including credit memoranda) collected under this subsection | ||||||
| 5 | during the second preceding calendar month by the Department, | ||||||
| 6 | less 2% of that amount, which shall be deposited into the Tax | ||||||
| 7 | Compliance and Administration Fund and shall be used by the | ||||||
| 8 | Department, subject to appropriation, to cover the costs of the | ||||||
| 9 | Department in administering and enforcing the provisions of | ||||||
| 10 | this subsection, and not including an amount equal to the | ||||||
| 11 | amount of refunds made during the second preceding calendar | ||||||
| 12 | month by the Department on behalf of such municipality, and not | ||||||
| 13 | including 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 municipalities, | ||||||
| 16 | provided for in this subsection to be given to the Comptroller | ||||||
| 17 | by the Department, the Comptroller shall cause the orders to be | ||||||
| 18 | drawn for the respective amounts in accordance with the | ||||||
| 19 | directions contained in such certification. The proceeds of the | ||||||
| 20 | tax paid to municipalities under this subsection shall be | ||||||
| 21 | deposited into the Business District Tax Allocation Fund by the | ||||||
| 22 | municipality. | ||||||
| 23 | An ordinance imposing or discontinuing the tax under this | ||||||
| 24 | subsection or effecting a change in the rate thereof shall | ||||||
| 25 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 26 | the Department on or before the first day of April, whereupon | ||||||
| |||||||
| |||||||
| 1 | the Department, if all other requirements of this subsection | ||||||
| 2 | are met, shall proceed to administer and enforce this | ||||||
| 3 | subsection as of the first day of July next following the | ||||||
| 4 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
| 5 | thereof filed with the Department on or before the first day of | ||||||
| 6 | October, whereupon, if all other conditions of this subsection | ||||||
| 7 | are met, the Department shall proceed to administer and enforce | ||||||
| 8 | this subsection as of the first day of January next following | ||||||
| 9 | the adoption and filing. | ||||||
| 10 | The Department of Revenue shall not administer or enforce | ||||||
| 11 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
| 12 | the tax under this subsection, until the municipality also | ||||||
| 13 | provides, in the manner prescribed by the Department, the | ||||||
| 14 | boundaries of the business district in such a way that the | ||||||
| 15 | Department can determine by its address whether a business is | ||||||
| 16 | located in the business district. The municipality must provide | ||||||
| 17 | this boundary and address information to the Department on or | ||||||
| 18 | before April 1 for administration and enforcement of the tax | ||||||
| 19 | under this subsection by the Department beginning on the | ||||||
| 20 | following July 1 and on or before October 1 for administration | ||||||
| 21 | and enforcement of the tax under this subsection by the | ||||||
| 22 | Department beginning on the following January 1. The Department | ||||||
| 23 | of Revenue shall not administer or enforce any change made to | ||||||
| 24 | the boundaries of a business district or address change, | ||||||
| 25 | addition, or deletion until the municipality reports the | ||||||
| 26 | boundary change or address change, addition, or deletion to the | ||||||
| |||||||
| |||||||
| 1 | Department in the manner prescribed by the Department. The | ||||||
| 2 | municipality must provide this boundary change information or | ||||||
| 3 | address change, addition, or deletion to the Department on or | ||||||
| 4 | before April 1 for administration and enforcement by the | ||||||
| 5 | Department of the change beginning on the following July 1 and | ||||||
| 6 | on or before October 1 for administration and enforcement by | ||||||
| 7 | the Department of the change beginning on the following January | ||||||
| 8 | 1. The retailers in the business district shall be responsible | ||||||
| 9 | for charging the tax imposed under this subsection. If a | ||||||
| 10 | retailer is incorrectly included or excluded from the list of | ||||||
| 11 | those required to collect the tax under this subsection, both | ||||||
| 12 | the Department of Revenue and the retailer shall be held | ||||||
| 13 | harmless if they reasonably relied on information provided by | ||||||
| 14 | the municipality. | ||||||
| 15 | A municipality that imposes the tax under this subsection | ||||||
| 16 | must submit to the Department of Revenue any other information | ||||||
| 17 | as the Department may require for the administration and | ||||||
| 18 | enforcement of the tax.
| ||||||
| 19 | Nothing in this subsection shall be construed to authorize | ||||||
| 20 | the municipality to impose a tax upon the privilege of engaging | ||||||
| 21 | in any business which under the Constitution of the United | ||||||
| 22 | States may not be made the subject of taxation by the State. | ||||||
| 23 | If a tax is imposed under this subsection (c), a tax shall | ||||||
| 24 | also be imposed under subsection (b) of this Section. | ||||||
| 25 | (d) By ordinance, a municipality that has designated a | ||||||
| 26 | business district under this Law may impose an occupation tax | ||||||
| |||||||
| |||||||
| 1 | upon all persons engaged in the business district in the | ||||||
| 2 | business of renting, leasing, or letting rooms in a hotel, as | ||||||
| 3 | defined in the Hotel Operators' Occupation Tax Act, at a rate | ||||||
| 4 | not to exceed 1% of the gross rental receipts from the renting, | ||||||
| 5 | leasing, or letting of hotel rooms within the business | ||||||
| 6 | district, to be imposed only in 0.25% increments, excluding, | ||||||
| 7 | however, from gross rental receipts the proceeds of renting, | ||||||
| 8 | leasing, or letting to permanent residents of a hotel, as | ||||||
| 9 | defined in the Hotel Operators' Occupation Tax Act, and | ||||||
| 10 | proceeds from the tax imposed under subsection (c) of Section | ||||||
| 11 | 13 of the Metropolitan Pier and Exposition Authority Act. | ||||||
| 12 | The tax imposed by the municipality under this subsection | ||||||
| 13 | and all civil penalties that may be assessed as an incident to | ||||||
| 14 | that tax shall be collected and enforced by the municipality | ||||||
| 15 | imposing the tax. The municipality shall have full power to | ||||||
| 16 | administer and enforce this subsection, to collect all taxes | ||||||
| 17 | and penalties due under this subsection, to dispose of taxes | ||||||
| 18 | and penalties so collected in the manner provided in this | ||||||
| 19 | subsection, and to determine all rights to credit memoranda | ||||||
| 20 | arising on account of the erroneous payment of tax or penalty | ||||||
| 21 | under this subsection. In the administration of and compliance | ||||||
| 22 | with this subsection, the municipality and persons who are | ||||||
| 23 | subject to this subsection shall have the same rights, | ||||||
| 24 | remedies, privileges, immunities, powers, and duties, shall be | ||||||
| 25 | subject to the same conditions, restrictions, limitations, | ||||||
| 26 | penalties, and definitions of terms, and shall employ the same | ||||||
| |||||||
| |||||||
| 1 | modes of procedure as are employed with respect to a tax | ||||||
| 2 | adopted by the municipality under Section 8-3-14 of this Code. | ||||||
| 3 | Persons subject to any tax imposed under the authority | ||||||
| 4 | granted in this subsection may reimburse themselves for their | ||||||
| 5 | tax liability for that tax by separately stating that tax as an | ||||||
| 6 | additional charge, which charge may be stated in combination, | ||||||
| 7 | in a single amount, with State taxes imposed under the Hotel | ||||||
| 8 | Operators' Occupation Tax Act, and with any other tax. | ||||||
| 9 | Nothing in this subsection shall be construed to authorize | ||||||
| 10 | a municipality to impose a tax upon the privilege of engaging | ||||||
| 11 | in any business which under the Constitution of the United | ||||||
| 12 | States may not be made the subject of taxation by this State. | ||||||
| 13 | The proceeds of the tax imposed under this subsection shall | ||||||
| 14 | be deposited into the Business District Tax Allocation Fund.
| ||||||
| 15 | (e) Obligations secured by the Business District Tax | ||||||
| 16 | Allocation Fund may be issued to provide for the payment or | ||||||
| 17 | reimbursement of business district project costs. Those | ||||||
| 18 | obligations, when so issued, shall be retired in the manner | ||||||
| 19 | provided in the ordinance authorizing the issuance of those | ||||||
| 20 | obligations by the receipts of taxes imposed pursuant to | ||||||
| 21 | subsections (10) and (11) of Section 11-74.3-3 and by other | ||||||
| 22 | revenue designated or pledged by the municipality. A | ||||||
| 23 | municipality may in the ordinance pledge, for any period of | ||||||
| 24 | time up to and including the dissolution date, all or any part | ||||||
| 25 | of the funds in and to be deposited in the Business District | ||||||
| 26 | Tax Allocation Fund to the payment of business district project | ||||||
| |||||||
| |||||||
| 1 | costs and obligations. Whenever a municipality pledges all of | ||||||
| 2 | the funds to the credit of a business district tax allocation | ||||||
| 3 | fund to secure obligations issued or to be issued to pay or | ||||||
| 4 | reimburse business district project costs, the municipality | ||||||
| 5 | may specifically provide that funds remaining to the credit of | ||||||
| 6 | such business district tax allocation fund after the payment of | ||||||
| 7 | such obligations shall be accounted for annually and shall be | ||||||
| 8 | deemed to be "surplus" funds, and such "surplus" funds shall be | ||||||
| 9 | expended by the municipality for any business district project | ||||||
| 10 | cost as approved in the business district plan. Whenever a | ||||||
| 11 | municipality pledges less than all of the monies to the credit | ||||||
| 12 | of a business district tax allocation fund to secure | ||||||
| 13 | obligations issued or to be issued to pay or reimburse business | ||||||
| 14 | district project costs, the municipality shall provide that | ||||||
| 15 | monies to the credit of the business district tax allocation | ||||||
| 16 | fund and not subject to such pledge or otherwise encumbered or | ||||||
| 17 | required for payment of contractual obligations for specific | ||||||
| 18 | business district project costs shall be calculated annually | ||||||
| 19 | and shall be deemed to be "surplus" funds, and such "surplus" | ||||||
| 20 | funds shall be expended by the municipality for any business | ||||||
| 21 | district project cost as approved in the business district | ||||||
| 22 | plan. | ||||||
| 23 | No obligation issued pursuant to this Law and secured by a | ||||||
| 24 | pledge of all or any portion of any revenues received or to be | ||||||
| 25 | received by the municipality from the imposition of taxes | ||||||
| 26 | pursuant to subsection (10) of Section 11-74.3-3, shall be | ||||||
| |||||||
| |||||||
| 1 | deemed to constitute an economic incentive agreement under | ||||||
| 2 | Section 8-11-20, notwithstanding the fact that such pledge | ||||||
| 3 | provides for the sharing, rebate, or payment of retailers' | ||||||
| 4 | occupation taxes or service occupation taxes imposed pursuant | ||||||
| 5 | to subsection (10) of Section 11-74.3-3 and received or to be | ||||||
| 6 | received by the municipality from the development or | ||||||
| 7 | redevelopment of properties in the business district. | ||||||
| 8 | Without limiting the foregoing in this Section, the | ||||||
| 9 | municipality may further secure obligations secured by the | ||||||
| 10 | business district tax allocation fund with a pledge, for a | ||||||
| 11 | period not greater than the term of the obligations and in any | ||||||
| 12 | case not longer than the dissolution date, of any part or any | ||||||
| 13 | combination of the following: (i) net revenues of all or part | ||||||
| 14 | of any business district project; (ii) taxes levied or imposed | ||||||
| 15 | by the municipality on any or all property in the municipality, | ||||||
| 16 | including, specifically, taxes levied or imposed by the | ||||||
| 17 | municipality in a special service area pursuant to the Special | ||||||
| 18 | Service Area Tax Law; (iii) the full faith and credit of the | ||||||
| 19 | municipality; (iv) a mortgage on part or all of the business | ||||||
| 20 | district project; or (v) any other taxes or anticipated | ||||||
| 21 | receipts that the municipality may lawfully pledge. | ||||||
| 22 | Such obligations may be issued in one or more series, bear | ||||||
| 23 | such date or dates, become due at such time or times as therein | ||||||
| 24 | provided, but in any case not later than (i) 20 years after the | ||||||
| 25 | date of issue or (ii) the dissolution date, whichever is | ||||||
| 26 | earlier, bear interest payable at such intervals and at such | ||||||
| |||||||
| |||||||
| 1 | rate or rates as set forth therein, except as may be limited by | ||||||
| 2 | applicable law, which rate or rates may be fixed or variable, | ||||||
| 3 | be in such denominations, be in such form, either coupon, | ||||||
| 4 | registered, or book-entry, carry such conversion, registration | ||||||
| 5 | and exchange privileges, be subject to defeasance upon such | ||||||
| 6 | terms, have such rank or priority, be executed in such manner, | ||||||
| 7 | be payable in such medium or payment at such place or places | ||||||
| 8 | within or without the State, make provision for a corporate | ||||||
| 9 | trustee within or without the State with respect to such | ||||||
| 10 | obligations, prescribe the rights, powers, and duties thereof | ||||||
| 11 | to be exercised for the benefit of the municipality and the | ||||||
| 12 | benefit of the owners of such obligations, provide for the | ||||||
| 13 | holding in trust, investment, and use of moneys, funds, and | ||||||
| 14 | accounts held under an ordinance, provide for assignment of and | ||||||
| 15 | direct payment of the moneys to pay such obligations or to be | ||||||
| 16 | deposited into such funds or accounts directly to such trustee, | ||||||
| 17 | be subject to such terms of redemption with or without premium, | ||||||
| 18 | and be sold at such price, all as the corporate authorities | ||||||
| 19 | shall determine. No referendum approval of the electors shall | ||||||
| 20 | be required as a condition to the issuance of obligations | ||||||
| 21 | pursuant to this Law except as provided in this Section. | ||||||
| 22 | In the event the municipality authorizes the issuance of | ||||||
| 23 | obligations pursuant to the authority of this Law secured by | ||||||
| 24 | the full faith and credit of the municipality, or pledges ad | ||||||
| 25 | valorem taxes pursuant to this subsection, which obligations | ||||||
| 26 | are other than obligations which may be issued under home rule | ||||||
| |||||||
| |||||||
| 1 | powers provided by Section 6 of Article VII of the Illinois | ||||||
| 2 | Constitution or which ad valorem taxes are other than ad | ||||||
| 3 | valorem taxes which may be pledged under home rule powers | ||||||
| 4 | provided by Section 6 of Article VII of the Illinois | ||||||
| 5 | Constitution or which are levied in a special service area | ||||||
| 6 | pursuant to the Special Service Area Tax Law, the ordinance | ||||||
| 7 | authorizing the issuance of those obligations or pledging those | ||||||
| 8 | taxes shall be published within 10 days after the ordinance has | ||||||
| 9 | been adopted, in a newspaper having a general circulation | ||||||
| 10 | within the municipality. The publication of the ordinance shall | ||||||
| 11 | be accompanied by a notice of (i) the specific number of voters | ||||||
| 12 | required to sign a petition requesting the question of the | ||||||
| 13 | issuance of the obligations or pledging such ad valorem taxes | ||||||
| 14 | to be submitted to the electors; (ii) the time within which the | ||||||
| 15 | petition must be filed; and (iii) the date of the prospective | ||||||
| 16 | referendum. The municipal clerk shall provide a petition form | ||||||
| 17 | to any individual requesting one. | ||||||
| 18 | If no petition is filed with the municipal clerk, as | ||||||
| 19 | hereinafter provided in this Section, within 21 days after the | ||||||
| 20 | publication of the ordinance, the ordinance shall be in effect. | ||||||
| 21 | However, if within that 21-day period a petition is filed with | ||||||
| 22 | the municipal clerk, signed by electors numbering not less than | ||||||
| 23 | 15% of the number of electors voting for the mayor or president | ||||||
| 24 | at the last general municipal election, asking that the | ||||||
| 25 | question of issuing obligations using full faith and credit of | ||||||
| 26 | the municipality as security for the cost of paying or | ||||||
| |||||||
| |||||||
| 1 | reimbursing business district project costs, or of pledging | ||||||
| 2 | such ad valorem taxes for the payment of those obligations, or | ||||||
| 3 | both, be submitted to the electors of the municipality, the | ||||||
| 4 | municipality shall not be authorized to issue obligations of | ||||||
| 5 | the municipality using the full faith and credit of the | ||||||
| 6 | municipality as security or pledging such ad valorem taxes for | ||||||
| 7 | the payment of those obligations, or both, until the | ||||||
| 8 | proposition has been submitted to and approved by a majority of | ||||||
| 9 | the voters voting on the proposition at a regularly scheduled | ||||||
| 10 | election. The municipality shall certify the proposition to the | ||||||
| 11 | proper election authorities for submission in accordance with | ||||||
| 12 | the general election law. | ||||||
| 13 | The ordinance authorizing the obligations may provide that | ||||||
| 14 | the obligations shall contain a recital that they are issued | ||||||
| 15 | pursuant to this Law, which recital shall be conclusive | ||||||
| 16 | evidence of their validity and of the regularity of their | ||||||
| 17 | issuance. | ||||||
| 18 | In the event the municipality authorizes issuance of | ||||||
| 19 | obligations pursuant to this Law secured by the full faith and | ||||||
| 20 | credit of the municipality, the ordinance authorizing the | ||||||
| 21 | obligations may provide for the levy and collection of a direct | ||||||
| 22 | annual tax upon all taxable property within the municipality | ||||||
| 23 | sufficient to pay the principal thereof and interest thereon as | ||||||
| 24 | it matures, which levy may be in addition to and exclusive of | ||||||
| 25 | the maximum of all other taxes authorized to be levied by the | ||||||
| 26 | municipality, which levy, however, shall be abated to the | ||||||
| |||||||
| |||||||
| 1 | extent that monies from other sources are available for payment | ||||||
| 2 | of the obligations and the municipality certifies the amount of | ||||||
| 3 | those monies available to the county clerk. | ||||||
| 4 | A certified copy of the ordinance shall be filed with the | ||||||
| 5 | county clerk of each county in which any portion of the | ||||||
| 6 | municipality is situated, and shall constitute the authority | ||||||
| 7 | for the extension and collection of the taxes to be deposited | ||||||
| 8 | in the business district tax allocation fund. | ||||||
| 9 | A municipality may also issue its obligations to refund, in | ||||||
| 10 | whole or in part, obligations theretofore issued by the | ||||||
| 11 | municipality under the authority of this Law, whether at or | ||||||
| 12 | prior to maturity. However, the last maturity of the refunding | ||||||
| 13 | obligations shall not be expressed to mature later than the | ||||||
| 14 | dissolution date. | ||||||
| 15 | In the event a municipality issues obligations under home | ||||||
| 16 | rule powers or other legislative authority, the proceeds of | ||||||
| 17 | which are pledged to pay or reimburse business district project | ||||||
| 18 | costs, the municipality may, if it has followed the procedures | ||||||
| 19 | in conformance with this Law, retire those obligations from | ||||||
| 20 | funds in the business district tax allocation fund in amounts | ||||||
| 21 | and in such manner as if those obligations had been issued | ||||||
| 22 | pursuant to the provisions of this Law. | ||||||
| 23 | No obligations issued pursuant to this Law shall be | ||||||
| 24 | regarded as indebtedness of the municipality issuing those | ||||||
| 25 | obligations or any other taxing district for the purpose of any | ||||||
| 26 | limitation imposed by law. | ||||||
| |||||||
| |||||||
| 1 | Obligations issued pursuant to this Law shall not be | ||||||
| 2 | subject to the provisions of the Bond Authorization Act. | ||||||
| 3 | (f) When business district project costs, including, | ||||||
| 4 | without limitation, all obligations paying or reimbursing | ||||||
| 5 | business district project costs have been paid, any surplus | ||||||
| 6 | funds then remaining in the Business District Tax Allocation | ||||||
| 7 | Fund shall be distributed to the municipal treasurer for | ||||||
| 8 | deposit into the general corporate fund of the municipality. | ||||||
| 9 | Upon payment of all business district project costs and | ||||||
| 10 | retirement of all obligations paying or reimbursing business | ||||||
| 11 | district project costs, but in no event more than 23 years | ||||||
| 12 | after the date of adoption of the ordinance imposing taxes | ||||||
| 13 | pursuant to subsection (10) or (11) of Section 11-74.3-3, the | ||||||
| 14 | municipality shall adopt an ordinance immediately rescinding | ||||||
| 15 | the taxes imposed pursuant to subsection (10) or (11) of | ||||||
| 16 | Section 11-74.3-3.
| ||||||
| 17 | (Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10; | ||||||
| 18 | 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
| ||||||
| 19 | (65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
| ||||||
| 20 | Sec. 11-95-13.
The corporate authorities of a municipality | ||||||
| 21 | specified in Section 11-95-2
and a recreation board specified | ||||||
| 22 | in Section 11-95-3 are authorized to
establish, maintain and | ||||||
| 23 | manage recreational programs for persons with disabilities the | ||||||
| 24 | handicapped,
including both persons with mental disabilities | ||||||
| 25 | and persons with physical disabilities mentally and physically | ||||||
| |||||||
| |||||||
| 1 | handicapped, to provide
transportation for persons with | ||||||
| 2 | disabilities the handicapped to and from such programs, to | ||||||
| 3 | provide
for such examination of participants in such programs | ||||||
| 4 | as may be deemed
necessary, to charge fees for participating in | ||||||
| 5 | such programs, the fee
charged for non-residents of such | ||||||
| 6 | municipality need not be the same as the
fees charged the | ||||||
| 7 | residents of the municipality, and to charge fees for
| ||||||
| 8 | transportation furnished to participants.
| ||||||
| 9 | (Source: P.A. 76-806.)
| ||||||
| 10 | (65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
| ||||||
| 11 | Sec. 11-95-14.
The corporate authorities of any 2 or more
| ||||||
| 12 | municipalities specified in Section 11-95-2 and any 2 or more | ||||||
| 13 | recreation
boards specified in Section 11-95-3, or any | ||||||
| 14 | combination thereof, are
authorized to take any action jointly | ||||||
| 15 | relating to recreational programs
for persons with | ||||||
| 16 | disabilities the handicapped that could be taken individually | ||||||
| 17 | and to enter into
agreements with other such
recreation boards, | ||||||
| 18 | corporate authorities and park districts or any
combination | ||||||
| 19 | thereof, for the purpose of providing for the establishment,
| ||||||
| 20 | maintenance and management of joint recreational programs for | ||||||
| 21 | persons with disabilities the
handicapped of all the | ||||||
| 22 | participating districts and municipal areas,
including | ||||||
| 23 | provisions for transportation of participants, procedures for
| ||||||
| 24 | approval of budgets, authorization of expenditures and sharing | ||||||
| 25 | of
expenses, location of recreational areas in the area of any | ||||||
| |||||||
| |||||||
| 1 | of the
participating districts and municipalities, acquisition | ||||||
| 2 | of real estate by
gift, legacy, grant, or purchase, employment | ||||||
| 3 | of a director and
other professional workers for such program | ||||||
| 4 | who may be employed by one
participating district, municipality | ||||||
| 5 | or board which shall be reimbursed
on a mutually agreed basis | ||||||
| 6 | by the other municipalities, districts and
boards that are | ||||||
| 7 | parties to the joint agreement, authorization for one
| ||||||
| 8 | municipality, board or district to supply professional workers | ||||||
| 9 | for a
joint program conducted in another municipality or | ||||||
| 10 | district and to
provide other requirements for operation of | ||||||
| 11 | such joint program as may be
desirable. The corporate | ||||||
| 12 | authorities of any municipality that is a
party to a joint | ||||||
| 13 | agreement entered into under this Section may levy and
collect | ||||||
| 14 | a tax, in the manner provided by law for the levy and | ||||||
| 15 | collection
of other municipal taxes in the municipality but in | ||||||
| 16 | addition to taxes
for general purposes authorized by Section | ||||||
| 17 | 8-3-1 or levied as limited by
any provision of a special | ||||||
| 18 | charter under which the municipality is
incorporated, at not to | ||||||
| 19 | exceed .04% of the value, as equalized or
assessed by the | ||||||
| 20 | Department of Revenue, of all taxable
property within the | ||||||
| 21 | municipality for the purpose of funding that
municipality's | ||||||
| 22 | share of the expenses for providing the programs under
that | ||||||
| 23 | joint agreement. However, no tax may be levied pursuant to this
| ||||||
| 24 | Section in any area in which a tax is levied under Section 5-8 | ||||||
| 25 | of the Park
District Code.
| ||||||
| 26 | (Source: P.A. 92-230, eff. 1-1-02.)
| ||||||
| |||||||
| |||||||
| 1 | Section 375. The Flood Prevention District Act is amended | ||||||
| 2 | by changing Section 25 as follows:
| ||||||
| 3 | (70 ILCS 750/25)
| ||||||
| 4 | Sec. 25. Flood prevention retailers' and service | ||||||
| 5 | occupation taxes. | ||||||
| 6 | (a) If the Board of Commissioners of a flood prevention | ||||||
| 7 | district determines that an emergency situation exists | ||||||
| 8 | regarding levee repair or flood prevention, and upon an | ||||||
| 9 | ordinance confirming the determination adopted by the | ||||||
| 10 | affirmative vote of a majority of the members of the county | ||||||
| 11 | board of the county in which the district is situated, the | ||||||
| 12 | county may impose a flood prevention
retailers' occupation tax | ||||||
| 13 | upon all persons engaged in the business of
selling tangible | ||||||
| 14 | personal property at retail within the territory of the | ||||||
| 15 | district to provide revenue to pay the costs of providing | ||||||
| 16 | emergency levee repair and flood prevention and to secure the | ||||||
| 17 | payment of bonds, notes, and other evidences of indebtedness | ||||||
| 18 | issued under this Act for a period not to exceed 25 years or as | ||||||
| 19 | required to repay the bonds, notes, and other evidences of | ||||||
| 20 | indebtedness issued under this Act.
The tax rate shall be 0.25%
| ||||||
| 21 | of the gross receipts from all taxable sales made in the course | ||||||
| 22 | of that
business. The tax
imposed under this Section and all | ||||||
| 23 | civil penalties that may be
assessed as an incident thereof | ||||||
| 24 | shall be collected and enforced by the
State Department of | ||||||
| |||||||
| |||||||
| 1 | Revenue. The Department shall have full power to
administer and | ||||||
| 2 | enforce this Section; to collect all taxes and penalties
so | ||||||
| 3 | collected in the manner hereinafter provided; and to determine | ||||||
| 4 | all
rights to credit memoranda arising on account of the | ||||||
| 5 | erroneous payment
of tax or penalty hereunder. | ||||||
| 6 | In the administration of and compliance with this | ||||||
| 7 | subsection, the Department and persons who are subject to this | ||||||
| 8 | subsection (i) have the same rights, remedies, privileges, | ||||||
| 9 | immunities, powers, and duties, (ii) are subject to the same | ||||||
| 10 | conditions, restrictions, limitations, penalties, and | ||||||
| 11 | definitions of terms, and (iii) shall employ the same modes of | ||||||
| 12 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
| 13 | 2-70 (in respect to all provisions contained in those Sections | ||||||
| 14 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
| 15 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 16 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, | ||||||
| 17 | 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and | ||||||
| 18 | all provisions of the Uniform Penalty and Interest Act as if | ||||||
| 19 | those provisions were set forth in this subsection. | ||||||
| 20 | Persons subject to any tax imposed under this Section may | ||||||
| 21 | reimburse themselves for their seller's tax
liability | ||||||
| 22 | hereunder by separately stating the tax as an additional
| ||||||
| 23 | charge, which charge may be stated in combination in a single | ||||||
| 24 | amount
with State taxes that sellers are required to collect | ||||||
| 25 | under the Use
Tax Act, under any bracket schedules the
| ||||||
| 26 | Department may prescribe. | ||||||
| |||||||
| |||||||
| 1 | If a tax is imposed under this subsection (a), a tax shall | ||||||
| 2 | also
be imposed under subsection (b) of this Section. | ||||||
| 3 | (b) If a tax has been imposed under subsection (a), a flood | ||||||
| 4 | prevention service occupation
tax shall
also be imposed upon | ||||||
| 5 | all persons engaged within the territory of the district in
the | ||||||
| 6 | business of making sales of service, who, as an incident to | ||||||
| 7 | making the sales
of service, transfer tangible personal | ||||||
| 8 | property,
either in the form of tangible personal property or | ||||||
| 9 | in the form of real estate
as an incident to a sale of service | ||||||
| 10 | to provide revenue to pay the costs of providing emergency | ||||||
| 11 | levee repair and flood prevention and to secure the payment of | ||||||
| 12 | bonds, notes, and other evidences of indebtedness issued under | ||||||
| 13 | this Act for a period not to exceed 25 years or as required to | ||||||
| 14 | repay the bonds, notes, and other evidences of indebtedness. | ||||||
| 15 | The tax rate shall be 0.25% of the selling price
of all | ||||||
| 16 | tangible personal property transferred. | ||||||
| 17 | The tax imposed under this subsection and all civil
| ||||||
| 18 | penalties that may be assessed as an incident thereof shall be | ||||||
| 19 | collected
and enforced by the State Department of Revenue. The | ||||||
| 20 | Department shall
have full power to administer and enforce this | ||||||
| 21 | subsection; to collect all
taxes and penalties due hereunder; | ||||||
| 22 | to dispose of taxes and penalties
collected in the manner | ||||||
| 23 | hereinafter provided; and to determine all
rights to credit | ||||||
| 24 | memoranda arising on account of the erroneous payment
of tax or | ||||||
| 25 | penalty hereunder. | ||||||
| 26 | In the administration of and compliance with this | ||||||
| |||||||
| |||||||
| 1 | subsection, the Department and persons who are subject to this | ||||||
| 2 | subsection shall (i) have the same rights, remedies, | ||||||
| 3 | privileges, immunities, powers, and duties, (ii) be subject to | ||||||
| 4 | the same conditions, restrictions, limitations, penalties, and | ||||||
| 5 | definitions of terms, and (iii) employ the same modes of | ||||||
| 6 | procedure as are set forth in Sections 2 (except that the | ||||||
| 7 | reference to State in the definition of supplier maintaining a | ||||||
| 8 | place of business in this State means the district), 2a through | ||||||
| 9 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
| 10 | those Sections other than the State rate of tax), 4 (except | ||||||
| 11 | that the reference to the State shall be to the district), 5, | ||||||
| 12 | 7, 8 (except that the jurisdiction to which the tax is a debt | ||||||
| 13 | to the extent indicated in that Section 8 is the district), 9 | ||||||
| 14 | (except as to the disposition of taxes and penalties | ||||||
| 15 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
| 16 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 17 | reference to the State means the district), Section 15, 16, 17, | ||||||
| 18 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
| 19 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 20 | if those provisions were set forth herein. | ||||||
| 21 | Persons subject to any tax imposed under the authority | ||||||
| 22 | granted
in this subsection may reimburse themselves for their | ||||||
| 23 | serviceman's tax
liability hereunder by separately stating the | ||||||
| 24 | tax as an additional
charge, that charge may be stated in | ||||||
| 25 | combination in a single amount
with State tax that servicemen | ||||||
| 26 | are authorized to collect under the
Service Use Tax Act, under | ||||||
| |||||||
| |||||||
| 1 | any bracket schedules the
Department may prescribe. | ||||||
| 2 | (c) The taxes imposed in subsections (a) and (b) may not be | ||||||
| 3 | imposed on personal property titled or registered with an | ||||||
| 4 | agency of the State; food for human consumption that is to be | ||||||
| 5 | consumed off the premises where it is sold (other than | ||||||
| 6 | alcoholic beverages, soft drinks, and food that has been | ||||||
| 7 | prepared for immediate consumption); prescription and | ||||||
| 8 | non-prescription medicines, drugs, and medical appliances; | ||||||
| 9 | modifications to a motor vehicle for the purpose of rendering | ||||||
| 10 | it usable by a person with a disability disabled person; or | ||||||
| 11 | insulin, urine testing materials, and syringes and needles used | ||||||
| 12 | by diabetics. | ||||||
| 13 | (d) Nothing in this Section shall be construed to authorize | ||||||
| 14 | the
district to impose a tax upon the privilege of engaging in | ||||||
| 15 | any business
that under the Constitution of the United States | ||||||
| 16 | may not be made the
subject of taxation by the State. | ||||||
| 17 | (e) The certificate of registration that is issued by the | ||||||
| 18 | Department to a retailer under the Retailers' Occupation Tax | ||||||
| 19 | Act or a serviceman under the Service Occupation Tax Act | ||||||
| 20 | permits the retailer or serviceman to engage in a business that | ||||||
| 21 | is taxable without registering separately with the Department | ||||||
| 22 | under an ordinance or resolution under this Section. | ||||||
| 23 | (f) The Department shall immediately pay over to the State | ||||||
| 24 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
| 25 | collected under this Section to be deposited into the Flood | ||||||
| 26 | Prevention Occupation Tax Fund, which shall be an | ||||||
| |||||||
| |||||||
| 1 | unappropriated trust fund held outside the State treasury. | ||||||
| 2 | On or before the 25th day of each calendar month, the | ||||||
| 3 | Department shall prepare and certify to the Comptroller the | ||||||
| 4 | disbursement of stated sums of money to the counties from which | ||||||
| 5 | retailers or servicemen have paid taxes or penalties to the | ||||||
| 6 | Department during the second preceding calendar month. The | ||||||
| 7 | amount to be paid to each county is equal to the amount (not | ||||||
| 8 | including credit memoranda) collected from the county under | ||||||
| 9 | this Section during the second preceding calendar month by the | ||||||
| 10 | Department, (i) less 2% of that amount, which shall be | ||||||
| 11 | deposited into the Tax Compliance and Administration Fund and | ||||||
| 12 | shall be used by the Department in administering and enforcing | ||||||
| 13 | the provisions of this Section on behalf of the county, (ii) | ||||||
| 14 | plus an amount that the Department determines is necessary to | ||||||
| 15 | offset any amounts that were erroneously paid to a different | ||||||
| 16 | taxing body; (iii) less an amount equal to the amount of | ||||||
| 17 | refunds made during the second preceding calendar month by the | ||||||
| 18 | Department on behalf of the county; and (iv) less any amount | ||||||
| 19 | that the Department determines is necessary to offset any | ||||||
| 20 | amounts that were payable to a different taxing body but were | ||||||
| 21 | erroneously paid to the county. When certifying the amount of a | ||||||
| 22 | monthly disbursement to a county under this Section, the | ||||||
| 23 | Department shall increase or decrease the amounts by an amount | ||||||
| 24 | necessary to offset any miscalculation of previous | ||||||
| 25 | disbursements within the previous 6 months from the time a | ||||||
| 26 | miscalculation is discovered. | ||||||
| |||||||
| |||||||
| 1 | Within 10 days after receipt by the Comptroller from the | ||||||
| 2 | Department of the disbursement certification to the counties | ||||||
| 3 | provided for in this Section, the Comptroller shall cause the | ||||||
| 4 | orders to be drawn for the respective amounts in accordance | ||||||
| 5 | with directions contained in the certification. | ||||||
| 6 | If the Department determines that a refund should be made | ||||||
| 7 | under this Section to a claimant instead of issuing a credit | ||||||
| 8 | memorandum, then the Department shall notify the Comptroller, | ||||||
| 9 | who shall cause the order to be drawn for the amount specified | ||||||
| 10 | and to the person named in the notification from the | ||||||
| 11 | Department. The refund shall be paid by the Treasurer out of | ||||||
| 12 | the Flood Prevention Occupation Tax Fund. | ||||||
| 13 | (g) If a county imposes a tax under this Section, then the | ||||||
| 14 | county board shall, by ordinance, discontinue the tax upon the | ||||||
| 15 | payment of all indebtedness of the flood prevention district. | ||||||
| 16 | The tax shall not be discontinued until all indebtedness of the | ||||||
| 17 | District has been paid. | ||||||
| 18 | (h) Any ordinance imposing the tax under this Section, or | ||||||
| 19 | any ordinance that discontinues the tax, must be certified by | ||||||
| 20 | the county clerk and filed with the Illinois Department of | ||||||
| 21 | Revenue either (i) on or before the first day of April, | ||||||
| 22 | whereupon the Department shall proceed to administer and | ||||||
| 23 | enforce the tax or change in the rate as of the first day of | ||||||
| 24 | July next following the filing; or (ii) on or before the first | ||||||
| 25 | day of October, whereupon the Department shall proceed to | ||||||
| 26 | administer and enforce the tax or change in the rate as of the | ||||||
| |||||||
| |||||||
| 1 | first day of January next following the filing. | ||||||
| 2 | (j) County Flood Prevention Occupation Tax Fund. All | ||||||
| 3 | proceeds received by a county from a tax distribution under | ||||||
| 4 | this Section must be maintained in a special fund known as the | ||||||
| 5 | [name of county] flood prevention occupation tax fund. The | ||||||
| 6 | county shall, at the direction of the flood prevention | ||||||
| 7 | district, use moneys in the fund to pay the costs of providing | ||||||
| 8 | emergency levee repair and flood prevention and to pay bonds, | ||||||
| 9 | notes, and other evidences of indebtedness issued under this | ||||||
| 10 | Act. | ||||||
| 11 | (k) This Section may be cited as the Flood Prevention | ||||||
| 12 | Occupation Tax Law.
| ||||||
| 13 | (Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
| ||||||
| 14 | Section 380. The Downstate Forest Preserve District Act is | ||||||
| 15 | amended by changing Section 6 as follows:
| ||||||
| 16 | (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
| ||||||
| 17 | Sec. 6. Acquisition of property. Any such District shall | ||||||
| 18 | have power to
acquire lands and grounds
for the aforesaid | ||||||
| 19 | purposes by lease, or in fee simple by gift, grant, legacy,
| ||||||
| 20 | purchase or condemnation, or to acquire easements in land, and | ||||||
| 21 | to construct,
lay out, improve and maintain wells, power | ||||||
| 22 | plants, comfort stations,
shelter houses, paths, driveways, | ||||||
| 23 | public roads, roadways and other
improvements and facilities in | ||||||
| 24 | and through such forest preserves as they
shall deem necessary | ||||||
| |||||||
| |||||||
| 1 | or desirable for the use of such forest preserves by
the public | ||||||
| 2 | and may acquire, develop, improve and maintain waterways in
| ||||||
| 3 | conjunction with the district. No district with a population | ||||||
| 4 | less than
600,000 shall have the power to purchase, condemn, | ||||||
| 5 | lease or acquire an
easement in property within a municipality | ||||||
| 6 | without the concurrence of the
governing body of the | ||||||
| 7 | municipality, except where such district is acquiring
land for | ||||||
| 8 | a linear park or trail not to exceed 100 yards in width or is
| ||||||
| 9 | acquiring land contiguous to an existing park or forest | ||||||
| 10 | preserve, and no
municipality shall annex any land for the | ||||||
| 11 | purpose of defeating a District
acquisition once the District | ||||||
| 12 | has given notice of intent to acquire a
specified parcel of | ||||||
| 13 | land. No district with a population of less than
500,000 shall | ||||||
| 14 | (i) have the power
to condemn property for a linear park or | ||||||
| 15 | trail within a municipality
without the concurrence of the
| ||||||
| 16 | governing body of the municipality or (ii) have the power to
| ||||||
| 17 | condemn property for a linear park or
trail in an | ||||||
| 18 | unincorporated area without the concurrence of the governing
| ||||||
| 19 | body of the township within which the property is located or | ||||||
| 20 | (iii) once
having commenced a proceeding to acquire land by | ||||||
| 21 | condemnation, dismiss or
abandon that proceeding without the | ||||||
| 22 | consent of the property owners.
No district shall establish a | ||||||
| 23 | trail surface within 50 feet of an occupied
dwelling which was | ||||||
| 24 | in existence prior to the approval of the acquisition by
the | ||||||
| 25 | district without obtaining permission of the owners of the | ||||||
| 26 | premises or
the concurrence of the governing body of the | ||||||
| |||||||
| |||||||
| 1 | municipality or township within
which the property is located. | ||||||
| 2 | All acquisitions of land by a district with a
population less | ||||||
| 3 | than 600,000
within 1 1/2 miles of a municipality shall be | ||||||
| 4 | preceded by a conference with
the mayor or president of the | ||||||
| 5 | municipality or his designated agent. If a
forest preserve | ||||||
| 6 | district is in negotiations for acquisition of land with
owners | ||||||
| 7 | of land adjacent to a municipality, the annexation of that land
| ||||||
| 8 | shall be deferred for 6 months. The district shall have no | ||||||
| 9 | power to acquire
an interest in real estate situated outside | ||||||
| 10 | the district by the exercise of
the right of eminent domain, by | ||||||
| 11 | purchase or by lease, but shall have the
power to acquire any | ||||||
| 12 | such property, or an easement in any such property,
which is | ||||||
| 13 | contiguous to the district by gift, legacy, grant, or lease
by | ||||||
| 14 | the State of Illinois, subject to
approval of the county board | ||||||
| 15 | of the county, and of any forest preserve
district or | ||||||
| 16 | conservation district, within which the property is located.
| ||||||
| 17 | The district shall have the same control of and power over | ||||||
| 18 | land, an
interest in which it has so acquired, as over forest | ||||||
| 19 | preserves within the
district. If any of the powers to acquire | ||||||
| 20 | lands and hold
or improve the same given to Forest Preserve | ||||||
| 21 | Districts, by Sections 5
and 6 of this Act should be held | ||||||
| 22 | invalid, such invalidity shall not
invalidate the remainder of | ||||||
| 23 | this Act or any of the other powers herein
given and conferred | ||||||
| 24 | upon the Forest Preserve Districts. Such Forest
Preserve | ||||||
| 25 | Districts shall also have power to lease not to exceed 40 acres
| ||||||
| 26 | of the lands and grounds acquired by it, for a term of not more | ||||||
| |||||||
| |||||||
| 1 | than 99
years to veterans' organizations as grounds for | ||||||
| 2 | convalescing sick veterans and veterans with disabilities and
| ||||||
| 3 | disabled veterans, and as a place upon which to construct | ||||||
| 4 | rehabilitation
quarters, or to a county as grounds for a county | ||||||
| 5 | nursing home or
convalescent home. Any such Forest Preserve | ||||||
| 6 | District shall also have
power to grant licenses, easements and | ||||||
| 7 | rights-of-way for the
construction, operation and maintenance | ||||||
| 8 | upon, under or across any
property of such District of | ||||||
| 9 | facilities for water, sewage, telephone,
telegraph, electric, | ||||||
| 10 | gas or other public service, subject to such terms
and | ||||||
| 11 | conditions as may be determined by such District.
| ||||||
| 12 | Any such District may purchase, but not condemn, a parcel | ||||||
| 13 | of land and sell a
portion thereof for not less than fair | ||||||
| 14 | market value pursuant to resolution
of the Board. Such | ||||||
| 15 | resolution shall
be passed by the affirmative vote of at least | ||||||
| 16 | 2/3 of all members of the
board within 30 days after | ||||||
| 17 | acquisition by the district of such parcel.
| ||||||
| 18 | The corporate authorities of a forest preserve district | ||||||
| 19 | that (i) is located in a county that has more than 700,000 | ||||||
| 20 | inhabitants, (ii) borders a county that has 1,000,000 or more | ||||||
| 21 | inhabitants, and (iii) also borders another state, by ordinance | ||||||
| 22 | or resolution, may authorize the sale or public auction of a | ||||||
| 23 | structure located on land owned by the district if (i) the | ||||||
| 24 | structure existed on the land prior to the district's | ||||||
| 25 | acquisition of the land, (ii) two-thirds of the members of the | ||||||
| 26 | board of commissioners then holding office find that the | ||||||
| |||||||
| |||||||
| 1 | structure is not necessary or is not useful to or for the best | ||||||
| 2 | interest of the forest preserve district, (iii) a condition of | ||||||
| 3 | sale or auction requires the transferee of the structure to | ||||||
| 4 | remove the structure from district land, and (iv) prior to the | ||||||
| 5 | sale or auction, the fair market value of the structure is | ||||||
| 6 | determined by a written MAI-certified appraisal or by a written | ||||||
| 7 | certified appraisal of a State certified or licensed real | ||||||
| 8 | estate appraiser and the appraisal is available for public | ||||||
| 9 | inspection. The ordinance or resolution shall (i) direct the | ||||||
| 10 | sale to be conducted by the staff of the district, a listing | ||||||
| 11 | with local licensed real estate agencies (in which case the | ||||||
| 12 | terms of the agent's compensation shall be included in the | ||||||
| 13 | ordinance or resolution), or by public auction, (ii) be | ||||||
| 14 | published within 7 days after its passage in a newspaper | ||||||
| 15 | published in the district, and (iii) contain pertinent | ||||||
| 16 | information concerning the nature of the structure and any | ||||||
| 17 | terms or conditions of sale or auction. No earlier than 14 days | ||||||
| 18 | after the publication, the corporate authorities may accept any | ||||||
| 19 | offer for the structure determined by them to be in the best | ||||||
| 20 | interest of the district by a vote of two-thirds of the | ||||||
| 21 | corporate authorities then holding office. | ||||||
| 22 | Whenever the board of any forest preserve district | ||||||
| 23 | determines that
the public interest will be subserved by | ||||||
| 24 | vacating any street, roadway,
or driveway, or part thereof, | ||||||
| 25 | located within a forest preserve, it may
vacate that street, | ||||||
| 26 | roadway, or driveway, or part thereof, by an
ordinance passed | ||||||
| |||||||
| |||||||
| 1 | by the affirmative vote of at least 3/4 of
all the members of | ||||||
| 2 | the board, except that the affirmative vote of at least
6/7 of | ||||||
| 3 | all the members of the board is required if the board members | ||||||
| 4 | are
elected under Section 3c of this Act. This vote shall be | ||||||
| 5 | taken by ayes and
nays and entered in the records of the board.
| ||||||
| 6 | The determination of the board that the nature and extent | ||||||
| 7 | of the
public use or public interest to be subserved is such as | ||||||
| 8 | to warrant the
vacation of any street, roadway, or driveway, or | ||||||
| 9 | part thereof, is
conclusive, and the passage of such an | ||||||
| 10 | ordinance is sufficient evidence
of that determination, | ||||||
| 11 | whether so recited in the ordinance or not. The
relief to the | ||||||
| 12 | public from further burden and responsibility of
maintaining | ||||||
| 13 | any street, roadway or driveway, or part thereof,
constitutes a | ||||||
| 14 | public use or public interest authorizing the vacation.
| ||||||
| 15 | Nothing contained in this Section shall be construed to | ||||||
| 16 | authorize the
board of any forest preserve district to vacate | ||||||
| 17 | any street, roadway, or
driveway, or part thereof, that is part | ||||||
| 18 | of any State or county highway.
| ||||||
| 19 | When property is damaged by the vacation or closing of any | ||||||
| 20 | street,
roadway, or driveway, or part thereof, damage shall be | ||||||
| 21 | ascertained and
paid as provided by law.
| ||||||
| 22 | Except in cases where the deed, or other instrument | ||||||
| 23 | dedicating a
street, roadway, or driveway, or part thereof, has | ||||||
| 24 | expressly provided
for a specific devolution of the title | ||||||
| 25 | thereto upon the abandonment or
vacation thereof, and except | ||||||
| 26 | where such street, roadway or driveway, or
part thereof, is | ||||||
| |||||||
| |||||||
| 1 | held by the district by lease, or where the district holds
an | ||||||
| 2 | easement in the land included within the street, roadway or | ||||||
| 3 | driveway,
whenever any street, roadway, or driveway, or part
| ||||||
| 4 | thereof is vacated under or by virtue of any ordinance of any | ||||||
| 5 | forest
preserve district, the title to the land in fee simple | ||||||
| 6 | included within
the street, roadway, or driveway, or part | ||||||
| 7 | thereof, so vacated vests in
the forest preserve district.
| ||||||
| 8 | The board of any forest preserve district is authorized to | ||||||
| 9 | sell at
fair market price, gravel, sand, earth and any other | ||||||
| 10 | material obtained
from the lands and waters owned by the | ||||||
| 11 | district.
| ||||||
| 12 | For the purposes of this Section, "acquiring land" includes | ||||||
| 13 | acquiring a
fee simple, lease or easement in land.
| ||||||
| 14 | (Source: P.A. 97-851, eff. 7-26-12.)
| ||||||
| 15 | Section 385. The Cook County Forest Preserve District Act | ||||||
| 16 | is amended by changing Section 8 as follows:
| ||||||
| 17 | (70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
| ||||||
| 18 | Sec. 8.
Any forest preserve district shall have power to | ||||||
| 19 | acquire easements in land, lands
in fee simple and grounds | ||||||
| 20 | within such district for the aforesaid purposes by
gift, grant, | ||||||
| 21 | legacy, purchase or condemnation and to construct, lay out,
| ||||||
| 22 | improve and maintain wells, power plants, comfort stations, | ||||||
| 23 | shelter
houses, paths, driveways, roadways and other | ||||||
| 24 | improvements and facilities
in and through such forest | ||||||
| |||||||
| |||||||
| 1 | preserves as it shall deem necessary or
desirable for the use | ||||||
| 2 | of such forest preserves by the public. Such forest
preserve | ||||||
| 3 | districts shall also have power to lease not to exceed 40 acres | ||||||
| 4 | of the
lands and grounds acquired by it, for a term of not more | ||||||
| 5 | than 99 years
to veterans' organizations as grounds for | ||||||
| 6 | convalescing sick veterans and veterans with disabilities and | ||||||
| 7 | disabled
veterans, and as a place upon which to construct | ||||||
| 8 | rehabilitation
quarters, or to a county as grounds for a county | ||||||
| 9 | nursing home or
convalescent home. Any such forest preserve | ||||||
| 10 | district shall also have
power to grant licenses, easements and | ||||||
| 11 | rights-of-way for the
construction, operation and maintenance | ||||||
| 12 | upon, under or across any
property of such district of | ||||||
| 13 | facilities for water, sewage, telephone,
telegraph, electric, | ||||||
| 14 | gas or other public service, subject to such terms
and | ||||||
| 15 | conditions as may be determined by such district.
| ||||||
| 16 | Whenever the board determines that
the public interest will | ||||||
| 17 | be subserved by vacating any street, roadway,
or driveway, or | ||||||
| 18 | part thereof, located within a forest preserve, it may
vacate | ||||||
| 19 | that street, roadway, or driveway, or part thereof, by an
| ||||||
| 20 | ordinance passed by the affirmative vote of at least 3/4 of
all | ||||||
| 21 | the members of the board.
| ||||||
| 22 | The determination of the board that the nature and extent | ||||||
| 23 | of the
public use or public interest to be subserved is such as | ||||||
| 24 | to warrant the
vacation of any street, roadway, or driveway, or | ||||||
| 25 | part thereof, is
conclusive, and the passage of such an | ||||||
| 26 | ordinance is sufficient evidence
of that determination, | ||||||
| |||||||
| |||||||
| 1 | whether so recited in the ordinance or not. The
relief to the | ||||||
| 2 | public from further burden and responsibility of
maintaining | ||||||
| 3 | any street, roadway or driveway, or part thereof,
constitutes a | ||||||
| 4 | public use or public interest authorizing the vacation.
| ||||||
| 5 | Nothing contained in this Section shall be construed to | ||||||
| 6 | authorize the
board to vacate any street, roadway, or
driveway, | ||||||
| 7 | or part thereof, that is part of any State or county highway.
| ||||||
| 8 | When property is damaged by the vacation or closing of any | ||||||
| 9 | street,
roadway, or driveway, or part thereof, damage shall be | ||||||
| 10 | ascertained and
paid as provided by law.
| ||||||
| 11 | Except in cases where the deed, or other instrument | ||||||
| 12 | dedicating a
street, roadway, or driveway, or part thereof, has | ||||||
| 13 | expressly provided
for a specific devolution of the title | ||||||
| 14 | thereto upon the abandonment or
vacation thereof, whenever any | ||||||
| 15 | street, roadway, or driveway, or part
thereof is vacated under | ||||||
| 16 | or by virtue of any ordinance of any forest
preserve district, | ||||||
| 17 | the title to the land in fee simple included within
the street, | ||||||
| 18 | roadway, or driveway, or part thereof, so vacated vests in
the | ||||||
| 19 | forest preserve district.
| ||||||
| 20 | The board of any forest preserve district is authorized to | ||||||
| 21 | sell at
fair market price, gravel, sand, earth and any other | ||||||
| 22 | material obtained
from the lands and waters owned by the | ||||||
| 23 | district.
| ||||||
| 24 | (Source: P.A. 98-281, eff. 8-9-13.)
| ||||||
| 25 | Section 390. The Park District Code is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Sections 5-8, 5-10, 8-10a, and 8-10b as follows:
| ||||||
| 2 | (70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)
| ||||||
| 3 | Sec. 5-8.
Any park district that is a party to a joint | ||||||
| 4 | agreement to
provide recreational programs for persons with | ||||||
| 5 | disabilities the handicapped under Section 8-10b of
this Code | ||||||
| 6 | may levy and collect annually a tax of not to exceed .04% of
| ||||||
| 7 | the value, as equalized or assessed by the Department of | ||||||
| 8 | Revenue of all
taxable property in the district for the
purpose | ||||||
| 9 | of funding the district's share of the expenses of providing
| ||||||
| 10 | these programs under that joint agreement, which tax shall be | ||||||
| 11 | levied and
collected in like manner as the general taxes for | ||||||
| 12 | the district. Such
tax shall be in addition to all other taxes | ||||||
| 13 | authorized by law to be
levied and collected in the district | ||||||
| 14 | and shall not be included within
any limitation of rate | ||||||
| 15 | contained in this Code or any other law, but
shall be excluded | ||||||
| 16 | therefrom, in addition thereto and in excess thereof.
However, | ||||||
| 17 | no tax may be levied pursuant to this Section in any area in
| ||||||
| 18 | which a tax is levied under Section 11-95-14 of the Illinois | ||||||
| 19 | Municipal Code.
| ||||||
| 20 | (Source: P.A. 85-124.)
| ||||||
| 21 | (70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)
| ||||||
| 22 | Sec. 5-10.
Whenever, as a result of any lawful order of any | ||||||
| 23 | agency,
other than a park district board, having authority to | ||||||
| 24 | enforce any law or
regulation designed for the protection, | ||||||
| |||||||
| |||||||
| 1 | health or safety of employees or
visitors, or any law or | ||||||
| 2 | regulation for the protection and safety of the
environment, | ||||||
| 3 | pursuant to the "Environmental Protection Act", any local park
| ||||||
| 4 | district, is required to alter or repair any physical | ||||||
| 5 | facilities,
or whenever after the effective date of this
| ||||||
| 6 | amendatory Act of 1985 any such district
determines that it is | ||||||
| 7 | necessary for health and
safety, environmental protection, | ||||||
| 8 | handicapped accessibility or energy
conservation purposes that | ||||||
| 9 | any physical facilities be altered or repaired,
such district | ||||||
| 10 | may, by proper resolution which
specifically identifies the | ||||||
| 11 | project and which is adopted pursuant to the
provisions of the | ||||||
| 12 | Open Meetings Act and upon the approval of a proposition
by a | ||||||
| 13 | majority of the electors voting thereon specifying the rate, | ||||||
| 14 | levy a
tax for the purpose of paying
such alterations or | ||||||
| 15 | repairs, or survey by a licensed architect
or engineer, upon | ||||||
| 16 | the equalized assessed value of all the taxable property
of the | ||||||
| 17 | district at the specified rate not to exceed .10% per year for | ||||||
| 18 | a period
sufficient to finance such alterations or repairs, | ||||||
| 19 | upon the following conditions:
| ||||||
| 20 | (a) When in the judgment of the local park district board | ||||||
| 21 | of
commissioners there are not sufficient funds available in | ||||||
| 22 | the operations,
building and maintenance fund of the district | ||||||
| 23 | to pay for such
alterations or repairs so ordered or determined | ||||||
| 24 | as necessary.
| ||||||
| 25 | (b) When a certified estimate of a licensed architect or | ||||||
| 26 | engineer
stating the estimated amount of not less than $25,000 | ||||||
| |||||||
| |||||||
| 1 | that is necessary to
make the alterations or repairs so ordered | ||||||
| 2 | or determined as necessary has
been secured by the local park | ||||||
| 3 | district.
| ||||||
| 4 | The filing of a certified copy of the resolution or | ||||||
| 5 | ordinance levying the
tax shall be the authority of the county | ||||||
| 6 | clerk or clerks to extend such
tax; provided, that in no event | ||||||
| 7 | shall the extension of such tax for the
current and preceding | ||||||
| 8 | years, if any, under this Section be greater than the
amount so | ||||||
| 9 | approved, and in the event such current extension and preceding
| ||||||
| 10 | extensions exceed such approval and interest, it shall be | ||||||
| 11 | reduced proportionately.
| ||||||
| 12 | The county clerk of each of the counties in which any park | ||||||
| 13 | district
levying a tax under the authority of this Section is | ||||||
| 14 | located, in reducing
raised levies, shall not consider any such | ||||||
| 15 | tax as a part of the general
levy for park district purposes | ||||||
| 16 | and shall not include the same in the
limitation of any other | ||||||
| 17 | tax rate which may be extended. Such tax shall be
levied and | ||||||
| 18 | collected in like manner as all other taxes of park districts.
| ||||||
| 19 | The proposition to impose a tax under this Section may be | ||||||
| 20 | initiated by
resolution of the local park district board and | ||||||
| 21 | shall be certified by the
secretary of the local park district | ||||||
| 22 | board to the proper election
authorities for submission in | ||||||
| 23 | accordance with the general election law.
| ||||||
| 24 | (Source: P.A. 84-849.)
| ||||||
| 25 | (70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8-10a.
| ||||||
| 2 | Every Park District is authorized to establish, maintain | ||||||
| 3 | and manage
recreational programs for persons with disabilities | ||||||
| 4 | the handicapped, including both persons with mental | ||||||
| 5 | disabilities and persons with physical disabilities mentally | ||||||
| 6 | and
physically handicapped, to provide transportation for | ||||||
| 7 | persons with disabilities the handicapped to
and from such | ||||||
| 8 | programs, to provide for such examination of participants in
| ||||||
| 9 | such programs as may be deemed necessary, to charge fees for | ||||||
| 10 | participating
in such programs, the fee charged for | ||||||
| 11 | non-residents of such district need
not be the same as the fees | ||||||
| 12 | charged the residents of the district, and to
charge fees for | ||||||
| 13 | transportation furnished to participants.
| ||||||
| 14 | (Source: P.A. 76-805.)
| ||||||
| 15 | (70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)
| ||||||
| 16 | Sec. 8-10b. Joint recreational programs for persons with | ||||||
| 17 | disabilities the handicapped. Any 2 or more park districts, or | ||||||
| 18 | in counties with a population of 300,000
or less, a single park | ||||||
| 19 | district and another unit of local government,
are authorized | ||||||
| 20 | to take any action
jointly relating to recreational programs | ||||||
| 21 | for persons with disabilities the handicapped that could
be | ||||||
| 22 | taken individually and to enter into agreements with other park | ||||||
| 23 | districts
and recreation
boards and the corporate authorities | ||||||
| 24 | of cities, villages and
incorporated towns specified in | ||||||
| 25 | Sections 11-95-2 and 11-95-3 of the
"Illinois Municipal Code", | ||||||
| |||||||
| |||||||
| 1 | approved May 29, 1961, as amended, or any
combination thereof, | ||||||
| 2 | for the purpose of providing for the establishment,
maintenance | ||||||
| 3 | and management of joint recreational programs for persons with | ||||||
| 4 | disabilities the
handicapped of all the participating | ||||||
| 5 | districts and municipal areas,
including provisions for | ||||||
| 6 | transportation of participants, procedures for
approval of | ||||||
| 7 | budgets, authorization of expenditures and sharing of
| ||||||
| 8 | expenses, location of recreational areas in the area of any of | ||||||
| 9 | the
participating districts and municipalities, acquisition of | ||||||
| 10 | real estate by
gift, legacy, grant, or purchase, employment of | ||||||
| 11 | a director and
other professional workers for such program who | ||||||
| 12 | may be employed by one
participating district, municipality or | ||||||
| 13 | board which shall be reimbursed
on a mutually agreed basis by | ||||||
| 14 | the other districts, municipalities and
boards that are parties | ||||||
| 15 | to the joint agreement, authorization for one
municipality, | ||||||
| 16 | board or district to supply professional workers for a
joint | ||||||
| 17 | program conducted in another municipality or district and to
| ||||||
| 18 | provide other requirements for operation of such joint program | ||||||
| 19 | as may be
desirable.
| ||||||
| 20 | (Source: P.A. 92-230, eff. 1-1-02.)
| ||||||
| 21 | Section 395. The Chicago Park District Act is amended by | ||||||
| 22 | changing Section 7.06 as follows:
| ||||||
| 23 | (70 ILCS 1505/7.06)
| ||||||
| 24 | Sec. 7.06. Recreational programs for persons with | ||||||
| |||||||
| |||||||
| 1 | disabilities the handicapped; tax.
| ||||||
| 2 | (a) The Chicago Park District is authorized to establish, | ||||||
| 3 | maintain, and
manage
recreational programs for persons with | ||||||
| 4 | disabilities the handicapped, including both persons with | ||||||
| 5 | mental disabilities and persons with physical disabilities | ||||||
| 6 | mentally and
physically
handicapped, to provide transportation | ||||||
| 7 | for persons with disabilities the handicapped to and from these
| ||||||
| 8 | programs, to
provide for the examination of participants in | ||||||
| 9 | such programs as deemed
necessary, to charge fees for | ||||||
| 10 | participating in the programs (the fee charged
for | ||||||
| 11 | non-residents of the district need not be the same as the fees | ||||||
| 12 | charged the
residents of the
district), and to charge fees for | ||||||
| 13 | transportation furnished to participants.
| ||||||
| 14 | (b) For the purposes of the recreational programs for | ||||||
| 15 | persons with disabilities the handicapped
established
under | ||||||
| 16 | this Section, the Chicago Park District is authorized to adopt | ||||||
| 17 | procedures
for
approval of budgets, authorization of | ||||||
| 18 | expenditures, location of recreational
areas,
acquisition of | ||||||
| 19 | real estate by gift, legacy, grant, or purchase, and employment
| ||||||
| 20 | of a director
and other professional workers for the programs.
| ||||||
| 21 | (c) For the purposes of providing recreational programs for | ||||||
| 22 | persons with disabilities the handicapped
under
this Section, | ||||||
| 23 | the Chicago Park District may levy and collect annually a tax | ||||||
| 24 | of
not to
exceed .04% of the value, as equalized or assessed by | ||||||
| 25 | the Department of
Revenue, of all
taxable property in the | ||||||
| 26 | district for the purpose of funding the district's
expenses of
| ||||||
| |||||||
| |||||||
| 1 | providing these programs. This tax shall be levied and | ||||||
| 2 | collected in like
manner as the
general taxes for the district. | ||||||
| 3 | The tax shall be in addition to all other taxes
authorized by
| ||||||
| 4 | law to be levied and collected in the district and shall not be | ||||||
| 5 | included within
any
limitation of rate contained in this Act or | ||||||
| 6 | any other law, but shall be
excluded therefrom,
in addition | ||||||
| 7 | thereto, and in excess thereof.
| ||||||
| 8 | (Source: P.A. 93-612, eff. 11-18-03.)
| ||||||
| 9 | Section 400. The Metro-East Park and Recreation District | ||||||
| 10 | Act is amended by changing Section 15 as follows:
| ||||||
| 11 | (70 ILCS 1605/15)
| ||||||
| 12 | Sec. 15. Creation of District; referendum.
| ||||||
| 13 | (a) The governing body of a county may, by resolution, | ||||||
| 14 | elect to create the
Metro-East
Park and Recreation District. | ||||||
| 15 | The Metro-East District shall be established at
a referendum on | ||||||
| 16 | the
question of the formation of the District that is submitted | ||||||
| 17 | to the electors of
a county at
a regular election and approved | ||||||
| 18 | by a majority of the electors voting on the
question. The
| ||||||
| 19 | governing body must certify the question to the proper election | ||||||
| 20 | authority,
which must
submit the question at an election in | ||||||
| 21 | accordance with the Election Code.
| ||||||
| 22 | The question must be submitted in substantially the | ||||||
| 23 | following form:
| ||||||
| 24 | Shall the Metro-East Park and
Recreation District be | ||||||
| |||||||
| |||||||
| 1 | created for the purposes of improving water quality;
| ||||||
| 2 | increasing
park
safety; providing neighborhood trails; | ||||||
| 3 | improving, restoring, and expanding
parks;
providing | ||||||
| 4 | disabled and expanded public access and access to persons | ||||||
| 5 | with disabilities to recreational areas; preserving
| ||||||
| 6 | natural lands for wildlife; and maintaining other | ||||||
| 7 | recreation grounds within the
boundaries of the Metro-East | ||||||
| 8 | Park and Recreation District; and shall (name of
county) | ||||||
| 9 | join any other counties in the Metro-East region that | ||||||
| 10 | approve the
formation of the Metro-East Park and Recreation | ||||||
| 11 | District,
with the authority to impose a
Metro-East Park | ||||||
| 12 | and Recreation District Retailers' Occupation Tax at a rate | ||||||
| 13 | of
one-tenth of 1% upon all persons engaged in the business | ||||||
| 14 | of selling tangible
personal property at retail in the | ||||||
| 15 | district on gross receipts on the sales made
in the course | ||||||
| 16 | of their business
for the purposes stated above, with 50%
| ||||||
| 17 | of the
revenue going to the Metro-East Park and Recreation | ||||||
| 18 | District and 50% of the
revenue returned to the county from | ||||||
| 19 | which the tax was collected?
| ||||||
| 20 | The votes must be recorded as "Yes" or "No"
| ||||||
| 21 | In the proposed Metro-East District that consists of only | ||||||
| 22 | one county, if a
majority of
the electors in that county voting | ||||||
| 23 | on the question vote in the affirmative, the
Metro-East
| ||||||
| 24 | District may be organized. In the proposed Metro-East District | ||||||
| 25 | that consists
of
more than
one county, if a majority of the | ||||||
| 26 | electors in any county proposed for inclusion
in
the District
| ||||||
| |||||||
| |||||||
| 1 | voting on the question vote in the affirmative, the Metro-East | ||||||
| 2 | District may be
organized
and that county may be included in | ||||||
| 3 | the District.
| ||||||
| 4 | (b) After the Metro-East District has been created, any | ||||||
| 5 | county eligible for
inclusion in
the Metro-East District may | ||||||
| 6 | join the District after the county submits the
question of
| ||||||
| 7 | joining the District to the electors of the county at a regular | ||||||
| 8 | election.
The county board
must
submit the question to the | ||||||
| 9 | proper election authority, which must submit the
question at an
| ||||||
| 10 | election in accordance with the Election Code.
| ||||||
| 11 | The question must be submitted in substantially the | ||||||
| 12 | following form:
| ||||||
| 13 | Shall (name of county) join the Metro-East Park and | ||||||
| 14 | Recreation
District with the authority to impose a
| ||||||
| 15 | Metro-East Park and Recreation District Retailers' | ||||||
| 16 | Occupation Tax at a rate of
one-tenth of 1% upon all | ||||||
| 17 | persons engaged in the business of selling tangible
| ||||||
| 18 | personal property at retail in the district on gross | ||||||
| 19 | receipts on the sales made
in the course of their business, | ||||||
| 20 | with 50% of the
revenue going to the Metro-East Park and | ||||||
| 21 | Recreation District and 50% of the
revenue returned to the | ||||||
| 22 | county from which the tax was collected?
| ||||||
| 23 | The votes must be recorded as "Yes" or "No".
| ||||||
| 24 | If a majority of the electors voting on the question vote | ||||||
| 25 | in the affirmative,
the
county shall be included in the | ||||||
| 26 | District.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-103, eff. 7-13-99.)
| ||||||
| 2 | Section 405. The Metro East Police District Act is amended | ||||||
| 3 | by changing Section 10 as follows:
| ||||||
| 4 | (70 ILCS 1750/10) | ||||||
| 5 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
| 6 | Sec. 10. Metro East Police District Commission. | ||||||
| 7 | (a) The governing and administrative powers of the Metro | ||||||
| 8 | East Police District shall be vested in a body politic and | ||||||
| 9 | corporate named the Metro East Police District Commission, | ||||||
| 10 | whose powers are the following: | ||||||
| 11 | (1) To apply for, accept and expend grants, loans, or | ||||||
| 12 | appropriations from the State of Illinois, the federal | ||||||
| 13 | government, any State or federal agency or | ||||||
| 14 | instrumentality, any unit of local government, or any other | ||||||
| 15 | person or entity to be used for any of the purposes of the | ||||||
| 16 | District. The Commission may enter into any agreement with | ||||||
| 17 | the State of Illinois, the federal government, any State or | ||||||
| 18 | federal instrumentality, any unit of local government, or | ||||||
| 19 | any other person or entity in relation to grants, matching | ||||||
| 20 | grants, loans, or appropriations. The Commission may | ||||||
| 21 | provide grants, loans, or appropriations for law | ||||||
| 22 | enforcement purposes to any unit of local government within | ||||||
| 23 | the District. | ||||||
| 24 | (2) To enter into contracts or agreements with persons | ||||||
| |||||||
| |||||||
| 1 | or entities for the supply of goods or services as may be | ||||||
| 2 | necessary for the purposes of the District. | ||||||
| 3 | (3) To acquire fee simple title to real property lying | ||||||
| 4 | within the District and personal property required for its | ||||||
| 5 | purposes, by gift, purchase, contract, or otherwise for law | ||||||
| 6 | enforcement purposes including evidence storage, records | ||||||
| 7 | storage, equipment storage, detainment facilities, | ||||||
| 8 | training facilities, office space and other purposes of the | ||||||
| 9 | District. Title shall be taken in the name of the | ||||||
| 10 | Commission. The Commission may acquire by lease any real | ||||||
| 11 | property located within the District and personal property | ||||||
| 12 | found by the Commission to be necessary for its purposes | ||||||
| 13 | and to which the Commission finds that it need not acquire | ||||||
| 14 | fee simple title for carrying out of those purposes. The | ||||||
| 15 | Commission has no eminent domain powers or quick-take | ||||||
| 16 | powers under this provision. | ||||||
| 17 | (4) To establish by resolution rules and regulations | ||||||
| 18 | that the police departments within the District may adopt | ||||||
| 19 | concerning: officer ethics; the carry and use of weapons; | ||||||
| 20 | search and seizure procedures; procedures for arrests with | ||||||
| 21 | and without warrants; alternatives to arrest; the use of | ||||||
| 22 | officer discretion; strip searches and body cavity | ||||||
| 23 | searches; profiling; use of reasonable force; use of deadly | ||||||
| 24 | force; use of authorized less than lethal weapons; | ||||||
| 25 | reporting uses of force; weapons and ammunition; weapons | ||||||
| 26 | proficiency and training; crime analysis; purchasing and | ||||||
| |||||||
| |||||||
| 1 | requisitions; department property; inventory and control; | ||||||
| 2 | issue and reissue; recruitment; training attendance; | ||||||
| 3 | lesson plans; remedial training; officer training record | ||||||
| 4 | maintenance; department animals; response procedures; | ||||||
| 5 | pursuit of motor vehicles; roadblocks and forcible stops; | ||||||
| 6 | missing or mentally ill persons; use of equipment; use of | ||||||
| 7 | vehicle lights and sirens; equipment specifications and | ||||||
| 8 | maintenance; vehicle safety restraints; authorized | ||||||
| 9 | personal equipment; protective vests and high risk | ||||||
| 10 | situations; mobile data access; in-car video and audio; | ||||||
| 11 | case file management; investigative checklists; | ||||||
| 12 | informants; cold cases; polygraphs; shift briefings; | ||||||
| 13 | interviews of witnesses and suspects; line-ups and | ||||||
| 14 | show-ups; confidential information; juvenile operations; | ||||||
| 15 | offenders, custody, and interrogation; crime prevention | ||||||
| 16 | and community interface; critical incident response and | ||||||
| 17 | planning; hostage negotiation; search and rescue; special | ||||||
| 18 | events; personnel, equipment, and facility inspections; | ||||||
| 19 | victim/witness rights, preliminary contact, and follow up; | ||||||
| 20 | next of kin notification; traffic stops and approaches; | ||||||
| 21 | speed-measuring devices; DUI procedures; traffic collision | ||||||
| 22 | reporting and investigation; citation inventory, control | ||||||
| 23 | and administration; escorts; towing procedures; detainee | ||||||
| 24 | searches and transportation; search and inventory of | ||||||
| 25 | vehicles; escape prevention procedures and detainee | ||||||
| 26 | restraint; sick and injured detainees and detainees with | ||||||
| |||||||
| |||||||
| 1 | disabilities , injured, and disabled detainees; vehicle | ||||||
| 2 | safety; holding facility standards; collection and | ||||||
| 3 | preservation of evidence including but not limited to | ||||||
| 4 | photos, video, fingerprints, computers, records, DNA | ||||||
| 5 | samples, controlled substances, weapons, and physical | ||||||
| 6 | evidence; police report standards and format; submission | ||||||
| 7 | of evidence to laboratories; follow up of outstanding | ||||||
| 8 | cases; and application for charges with the State's | ||||||
| 9 | Attorney, United States Attorney, Attorney General, or | ||||||
| 10 | other prosecuting authority. | ||||||
| 11 | Any police department located within the Metro East | ||||||
| 12 | Police District that does not adopt any rule or regulation | ||||||
| 13 | established by resolution by the Commission shall not be | ||||||
| 14 | eligible to receive funds from the Metro East Police | ||||||
| 15 | District Fund. | ||||||
| 16 | The adoption of any policies or procedures pursuant to | ||||||
| 17 | this Section shall not be inconsistent with any rights | ||||||
| 18 | under current collective bargaining agreements, the | ||||||
| 19 | Illinois Public Labor Relations Act or other laws governing | ||||||
| 20 | collective bargaining. | ||||||
| 21 | (5) No later than one year after the effective date of | ||||||
| 22 | this Act, to assume for police departments within the | ||||||
| 23 | District the authority to make application for and accept | ||||||
| 24 | financial grants or contributions of services from any | ||||||
| 25 | public or private source for law enforcement purposes. | ||||||
| 26 | (6) To develop a comprehensive plan for improvement and | ||||||
| |||||||
| |||||||
| 1 | maintenance of law enforcement facilities within the | ||||||
| 2 | District. | ||||||
| 3 | (7) To advance police departments within the District | ||||||
| 4 | towards accreditation by the national Commission for the | ||||||
| 5 | Accreditation of Law Enforcement Agencies (CALEA) within 3 | ||||||
| 6 | years after creation of the District. | ||||||
| 7 | (b) The Commission shall consist of 14 appointed members | ||||||
| 8 | and 3 ex-officio members. Seven members shall be appointed by | ||||||
| 9 | the Governor with the advice and consent of the Senate, one of | ||||||
| 10 | whom shall represent an organization that represents the | ||||||
| 11 | largest number of police officers employed by the | ||||||
| 12 | municipalities described by Section 5 of this Act. Four members | ||||||
| 13 | shall be appointed by the Mayor of East Saint Louis, with the | ||||||
| 14 | advice and consent of the city council. One member each shall | ||||||
| 15 | be appointed by the Village Presidents of Washington Park, | ||||||
| 16 | Alorton, and Brooklyn, with the advice and consent of the | ||||||
| 17 | respective village boards. All appointed members shall hold | ||||||
| 18 | office for a term of 2 years ending on December 31 and until | ||||||
| 19 | their successors are appointed and qualified. The Mayor of East | ||||||
| 20 | Saint Louis, with the approval of the city council, may serve | ||||||
| 21 | as one of the members appointed for East Saint Louis, and the | ||||||
| 22 | Village Presidents of Washington Park, Alorton, and Brooklyn, | ||||||
| 23 | with the approval of their respective boards, may serve as the | ||||||
| 24 | member for their respective municipalities. | ||||||
| 25 | A member may be removed by his or her appointing authority | ||||||
| 26 | for incompetence, neglect of duty, or malfeasance in office. | ||||||
| |||||||
| |||||||
| 1 | The Director of the Illinois State Police, or his or her | ||||||
| 2 | designee, the State's Attorney of St. Clair County, or his or | ||||||
| 3 | her designee, and the Director of the Southern Illinois Law | ||||||
| 4 | Enforcement Commission, or his or her designee, shall serve as | ||||||
| 5 | ex-officio members. Ex-officio members may only vote on matters | ||||||
| 6 | before the Commission in the event of a tie vote. | ||||||
| 7 | (c) Any vacancy in the appointed membership of the | ||||||
| 8 | Commission occurring by reason of the death, resignation, | ||||||
| 9 | disqualification, removal, or inability or refusal to act of | ||||||
| 10 | any of the members of the Commission shall be filled by the | ||||||
| 11 | authority that had appointed the particular member, and for the | ||||||
| 12 | unexpired term of office of that particular member. | ||||||
| 13 | (d) The Commission shall hold regular meetings annually for | ||||||
| 14 | the election of a chair, vice-chair, secretary, and treasurer, | ||||||
| 15 | for the adoption of a budget, and monthly for other business as | ||||||
| 16 | may be necessary. The Commission shall establish the duties and | ||||||
| 17 | responsibilities of its officers by rule. The chair, or any 9 | ||||||
| 18 | members of the Commission, may call special meetings of the | ||||||
| 19 | Commission. Each member shall take an oath of office for the | ||||||
| 20 | faithful performance of his or her duties. The Commission may | ||||||
| 21 | not transact business at a meeting of the Commission unless | ||||||
| 22 | there is present at the meeting a quorum consisting of at least | ||||||
| 23 | 9 members. Meetings may be held by telephone conference or | ||||||
| 24 | other communications equipment by means of which all persons | ||||||
| 25 | participating in the meeting can communicate with each other | ||||||
| 26 | consistent with the Open Meetings Act. | ||||||
| |||||||
| |||||||
| 1 | (e) The Commission shall submit to the General Assembly, no | ||||||
| 2 | later than March 1 of each odd-numbered year, a detailed report | ||||||
| 3 | covering its operations for the 2 preceding calendar years and | ||||||
| 4 | a statement of its program for the next 2 years, as provided by | ||||||
| 5 | Section 3.1 of the General Assembly Organization Act. | ||||||
| 6 | (f) The Auditor General shall conduct audits of the | ||||||
| 7 | Commission in the same manner as the Auditor General conducts | ||||||
| 8 | audits of State agencies under the Illinois State Auditing Act. | ||||||
| 9 | (g) The Commission is a public body for purposes of the | ||||||
| 10 | Open Meetings Act and the Freedom of Information Act. | ||||||
| 11 | (h) This Section is a limitation under subsection (i) of | ||||||
| 12 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 13 | concurrent exercise by home rule units of powers and functions | ||||||
| 14 | exercised by the State.
| ||||||
| 15 | (Source: P.A. 97-971, eff. 1-1-13.)
| ||||||
| 16 | Section 410. The Metropolitan Water Reclamation District | ||||||
| 17 | Act is amended by changing Section 9.6d as follows:
| ||||||
| 18 | (70 ILCS 2605/9.6d) | ||||||
| 19 | Sec. 9.6d. Other Post Employment Benefit Trusts. The Board | ||||||
| 20 | of Commissioners (the Board) may establish one or more trusts | ||||||
| 21 | (Other Post Employment Benefit ("OPEB") Trusts) for the purpose | ||||||
| 22 | of providing for the funding and payment of health and other | ||||||
| 23 | fringe benefits for retired, disabled, or terminated employees | ||||||
| 24 | of the District or employees of the District with disabilities | ||||||
| |||||||
| |||||||
| 1 | or for their dependents and beneficiaries. Trusts created under | ||||||
| 2 | this Section are in addition to pension benefits for those | ||||||
| 3 | persons which are currently funded pursuant to Article 13 of | ||||||
| 4 | the Illinois Pension Code. The OPEB Trusts may employ such | ||||||
| 5 | personnel and enter into such investment, advisory, or | ||||||
| 6 | professional services or similar contracts as deemed | ||||||
| 7 | appropriate by the trustees and recommended by the Treasurer of | ||||||
| 8 | the Metropolitan Water Reclamation District of Greater Chicago | ||||||
| 9 | (the District). The OPEB Trusts may be established in such | ||||||
| 10 | manner so as to be exempt from taxation under the provisions of | ||||||
| 11 | applicable federal and State tax laws. The trustee of the OPEB | ||||||
| 12 | Trusts shall be the District. The Treasurer of the District and | ||||||
| 13 | the trustee shall be indemnified by the District to the fullest | ||||||
| 14 | extent permitted by law for their actions taken with respect to | ||||||
| 15 | the OPEB Trust. The Board may deposit money with the OPEB | ||||||
| 16 | Trusts derived from the funds of the District from time to time | ||||||
| 17 | as such money may in the discretion of the Board be | ||||||
| 18 | appropriated for that purpose; and, in addition, the Board may | ||||||
| 19 | lawfully agree with the OPEB Trusts to a binding level of | ||||||
| 20 | funding for periods of time not to exceed 5 fiscal years. In | ||||||
| 21 | addition, the OPEB Trust documents may permit employees of the | ||||||
| 22 | District to contribute money to provide for such benefits. To | ||||||
| 23 | the extent participants do not direct the investment of their | ||||||
| 24 | own account, the assets of the OPEB Trusts shall be managed by | ||||||
| 25 | the Treasurer of the District in any manner, subject only to | ||||||
| 26 | the prudent investor standard and any requirements of | ||||||
| |||||||
| |||||||
| 1 | applicable federal law. The limitations of any other statute | ||||||
| 2 | affecting the investment of District funds shall not apply to | ||||||
| 3 | the OPEB Trusts. The trustee shall adopt an investment policy | ||||||
| 4 | consistent with the standards articulated in Section 2.5 of the | ||||||
| 5 | Public Funds Investment Act. The investment policy shall also | ||||||
| 6 | provide for the availability of training for Board members. | ||||||
| 7 | Funds of the OPEB Trusts may be used to pay for costs of | ||||||
| 8 | administering the OPEB Trusts and for the benefits for which | ||||||
| 9 | such trusts have been established in accordance with the terms | ||||||
| 10 | of the OPEB Trust documents.
| ||||||
| 11 | (Source: P.A. 95-394, eff. 8-23-07.)
| ||||||
| 12 | Section 415. The Metropolitan Transit Authority Act is | ||||||
| 13 | amended by changing Sections 27a, 28, 28a, 51, and 52 as | ||||||
| 14 | follows:
| ||||||
| 15 | (70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
| ||||||
| 16 | Sec. 27a.
In addition to annually expending moneys equal to | ||||||
| 17 | moneys
expended by the Authority in the fiscal year ending | ||||||
| 18 | December 31, 1988 for
the protection against crime of its | ||||||
| 19 | properties, employees and consumers of
its public | ||||||
| 20 | transportation services, the Authority also shall annually
| ||||||
| 21 | expend for the protection against crime of its employees and | ||||||
| 22 | consumers, an
amount that is equal to not less than 15 percent | ||||||
| 23 | of all direct grants it
receives from the State of Illinois as | ||||||
| 24 | reimbursement for providing reduced
fares for mass | ||||||
| |||||||
| |||||||
| 1 | transportation services to students, persons with | ||||||
| 2 | disabilities, handicapped persons and
the elderly. The | ||||||
| 3 | Authority shall provide to the Regional Transportation
| ||||||
| 4 | Authority such information as is required by the Regional | ||||||
| 5 | Transportation
Authority
in determining whether the Authority | ||||||
| 6 | has expended moneys in compliance with
the provisions of this | ||||||
| 7 | Section. The provisions of this Section shall apply in any | ||||||
| 8 | fiscal year of the
Authority only after all debt service | ||||||
| 9 | requirements are met for that fiscal
year.
| ||||||
| 10 | (Source: P.A. 90-273, eff. 7-30-97.)
| ||||||
| 11 | (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
| ||||||
| 12 | Sec. 28.
The Board shall classify all the offices, | ||||||
| 13 | positions and grades of
regular and exempt employment required, | ||||||
| 14 | excepting that of the Chairman of
the Board,
the Executive | ||||||
| 15 | Director, Secretary, Treasurer, General Counsel, and Chief
| ||||||
| 16 | Engineer, with reference to the duties, job title, job schedule | ||||||
| 17 | number, and the
compensation fixed
therefor, and adopt rules | ||||||
| 18 | governing appointments to any of such offices or
positions on | ||||||
| 19 | the basis of merit and efficiency.
The job title shall be | ||||||
| 20 | generally descriptive of the duties performed in that
job, and | ||||||
| 21 | the job schedule number shall be used to identify a job title | ||||||
| 22 | and to
further classify positions within a job title.
No | ||||||
| 23 | discrimination shall be
made in any appointment or promotion to | ||||||
| 24 | any office, position, or grade of
regular employment because of | ||||||
| 25 | race, creed, color, sex,
national origin, physical or mental | ||||||
| |||||||
| |||||||
| 1 | disability handicap unrelated to ability, or
political or | ||||||
| 2 | religious affiliations. No officer or employee in regular
| ||||||
| 3 | employment shall be
discharged or demoted except for cause | ||||||
| 4 | which is detrimental to the service.
Any officer or employee in | ||||||
| 5 | regular employment who is discharged or demoted
may file a | ||||||
| 6 | complaint
in writing with the Board within ten days after | ||||||
| 7 | notice of his or her discharge
or demotion. If an employee is a | ||||||
| 8 | member of a labor organization the complaint
may be filed by | ||||||
| 9 | such organization for and in behalf of such employee. The
Board | ||||||
| 10 | shall grant a hearing on such complaint within thirty (30) days | ||||||
| 11 | after
it is filed. The time and place of the hearing shall be | ||||||
| 12 | fixed by the Board
and due notice thereof given to the | ||||||
| 13 | complainant, the labor organization by
or through which the | ||||||
| 14 | complaint was filed and the Executive Director. The
hearing | ||||||
| 15 | shall be conducted by the Board, or any member thereof or any
| ||||||
| 16 | officers' committee or employees' committee appointed by the | ||||||
| 17 | Board. The
complainant may be represented by counsel. If the | ||||||
| 18 | Board finds, or approves
a finding of the member or committee | ||||||
| 19 | appointed by the Board, that the
complainant has been unjustly | ||||||
| 20 | discharged or demoted, he or she shall be
restored to his or | ||||||
| 21 | her office or position with back pay. The decision of
the Board | ||||||
| 22 | shall be final and not subject to review.
The Board may | ||||||
| 23 | designate such offices, positions, and grades of employment as
| ||||||
| 24 | exempt as it deems necessary for the efficient operation of the | ||||||
| 25 | business of
the Authority. The total number of employees | ||||||
| 26 | occupying exempt offices,
positions, or grades of employment | ||||||
| |||||||
| |||||||
| 1 | may not exceed 3% of the total employment of
the
Authority. All | ||||||
| 2 | exempt offices, positions, and grades of employment shall be at
| ||||||
| 3 | will. No discrimination shall be made in any appointment or | ||||||
| 4 | promotion
to any office, position, or grade of exempt | ||||||
| 5 | employment because of race, creed,
color, sex, national origin, | ||||||
| 6 | physical or mental disability handicap unrelated to
ability, or | ||||||
| 7 | religious or political affiliation.
The Board may abolish any | ||||||
| 8 | vacant or occupied office or position.
Additionally, the Board | ||||||
| 9 | may reduce the force of employees
for lack of work or lack of | ||||||
| 10 | funds as determined by the Board.
When the number of positions | ||||||
| 11 | or employees holding positions of regular
employment within a | ||||||
| 12 | particular
job title and job schedule number are reduced, those | ||||||
| 13 | employees with the least
company seniority in that job title | ||||||
| 14 | and job schedule number shall be first
released from regular | ||||||
| 15 | employment service. For a period of one year, an
employee | ||||||
| 16 | released from
service shall be eligible for reinstatement to | ||||||
| 17 | the job title and job schedule
number from which he or she was | ||||||
| 18 | released, in order of company seniority, if
additional force of | ||||||
| 19 | employees is required. "Company seniority" as used in this
| ||||||
| 20 | Section means the overall employment service credited to an | ||||||
| 21 | employee by the
Authority since the employee's most recent date | ||||||
| 22 | of hire irrespective of job
titles held. If 2 or more employees | ||||||
| 23 | have the same company seniority date, time
in the affected job | ||||||
| 24 | title and job schedule
number shall be used to break the | ||||||
| 25 | company seniority tie. For purposes of this
Section, company | ||||||
| 26 | seniority shall be considered a working condition. When
| ||||||
| |||||||
| |||||||
| 1 | employees are represented by a labor organization that has a | ||||||
| 2 | labor agreement
with the Authority, the wages, hours, and | ||||||
| 3 | working conditions (including, but
not limited to, seniority | ||||||
| 4 | rights) shall be governed by the terms of
the agreement.
Exempt | ||||||
| 5 | employment shall not include any employees who are represented | ||||||
| 6 | by a
labor organization that has a labor agreement with the | ||||||
| 7 | Authority.
| ||||||
| 8 | No employee, officer, or agent of the Chicago Transit Board | ||||||
| 9 | may receive a bonus that exceeds 10% of his or her annual | ||||||
| 10 | salary unless that bonus has been reviewed for a period of 14 | ||||||
| 11 | days by the Regional Transportation Authority Board. After 14 | ||||||
| 12 | days, the bonus shall be considered reviewed. This Section does | ||||||
| 13 | not apply to usual and customary salary adjustments. | ||||||
| 14 | (Source: P.A. 98-1027, eff. 1-1-15.)
| ||||||
| 15 | (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
| ||||||
| 16 | Sec. 28a. (a) The Board may deal with and enter into | ||||||
| 17 | written contracts with the
employees of the Authority through | ||||||
| 18 | accredited representatives of such
employees or | ||||||
| 19 | representatives of any labor organization authorized to act
for | ||||||
| 20 | such employees, concerning wages, salaries, hours, working | ||||||
| 21 | conditions
and pension or retirement provisions; provided, | ||||||
| 22 | nothing herein shall be
construed to permit hours of labor in | ||||||
| 23 | excess of those provided by law or to
permit working conditions | ||||||
| 24 | prohibited by law. In case of dispute over wages,
salaries, | ||||||
| 25 | hours, working conditions, or pension or retirement provisions
| ||||||
| |||||||
| |||||||
| 1 | the Board may arbitrate any question or questions and may agree | ||||||
| 2 | with such
accredited representatives or labor organization | ||||||
| 3 | that the decision of a
majority of any arbitration board shall | ||||||
| 4 | be final, provided each party shall
agree in advance to pay | ||||||
| 5 | half of the expense of such arbitration.
| ||||||
| 6 | No contract or agreement shall be made with any labor | ||||||
| 7 | organization,
association, group or individual for the | ||||||
| 8 | employment of members of such
organization, association, group | ||||||
| 9 | or individual for the construction,
improvement, maintenance, | ||||||
| 10 | operation or administration of any property,
plant or | ||||||
| 11 | facilities under the jurisdiction of the Authority, where such
| ||||||
| 12 | organization, association, group or individual denies on the | ||||||
| 13 | ground of
race, creed, color, sex, religion, physical or mental | ||||||
| 14 | disability handicap unrelated
to ability, or national origin | ||||||
| 15 | membership and equal opportunities for employment to
any | ||||||
| 16 | citizen of Illinois.
| ||||||
| 17 | (b)(1) The provisions of this paragraph (b) apply to | ||||||
| 18 | collective bargaining
agreements (including extensions and | ||||||
| 19 | amendments of existing agreements)
entered into on or after | ||||||
| 20 | January 1, 1984.
| ||||||
| 21 | (2) The Board shall deal with and enter into written | ||||||
| 22 | contracts with their
employees, through accredited | ||||||
| 23 | representatives of such employees authorized
to act for such | ||||||
| 24 | employees concerning wages, salaries, hours, working | ||||||
| 25 | conditions,
and pension or retirement provisions about which a | ||||||
| 26 | collective bargaining
agreement has been entered prior to the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory
Act of 1983. Any such | ||||||
| 2 | agreement of the Authority shall provide that the
agreement may | ||||||
| 3 | be reopened if the amended budget submitted pursuant to Section
| ||||||
| 4 | 2.18a of the Regional Transportation Authority Act is not | ||||||
| 5 | approved by the
Board of the Regional Transportation Authority. | ||||||
| 6 | The agreement may not include
a provision requiring the payment | ||||||
| 7 | of
wage increases based on changes in the Consumer Price Index.
| ||||||
| 8 | The Board shall not have the authority to enter into collective
| ||||||
| 9 | bargaining agreements with respect to inherent management | ||||||
| 10 | rights, which
include such areas of discretion or policy as the | ||||||
| 11 | functions of the employer,
standards of services, its overall | ||||||
| 12 | budget, the organizational structure
and selection of new | ||||||
| 13 | employees and direction of personnel. Employers, however,
| ||||||
| 14 | shall be required to bargain collectively with regard to policy | ||||||
| 15 | matters
directly affecting wages, hours and terms and | ||||||
| 16 | conditions of employment,
as well as the impact thereon upon | ||||||
| 17 | request by employee representatives.
To preserve the rights of | ||||||
| 18 | employers and exclusive representatives which
have established | ||||||
| 19 | collective bargaining relationships or negotiated collective
| ||||||
| 20 | bargaining agreements prior to the effective date of this | ||||||
| 21 | amendatory Act
of 1983, employers shall be required to bargain | ||||||
| 22 | collectively with regard
to any matter concerning wages, hours | ||||||
| 23 | or conditions of employment about
which they have bargained | ||||||
| 24 | prior to the effective date of this amendatory Act of 1983.
| ||||||
| 25 | (3) The collective bargaining agreement may not include a | ||||||
| 26 | prohibition
on the use of part-time operators on any service | ||||||
| |||||||
| |||||||
| 1 | operated by or funded by
the Board, except where prohibited by | ||||||
| 2 | federal law.
| ||||||
| 3 | (4) Within 30 days of the signing of any such collective | ||||||
| 4 | bargaining agreement,
the Board shall determine the costs of | ||||||
| 5 | each provision of the agreement,
prepare an amended
budget | ||||||
| 6 | incorporating the costs of the agreement, and present the | ||||||
| 7 | amended
budget to the Board of the Regional Transportation | ||||||
| 8 | Authority for its approval
under Section 4.11 of the Regional | ||||||
| 9 | Transportation Act. The Board of the
Regional Transportation | ||||||
| 10 | Authority may approve the amended budget by an affirmative
vote | ||||||
| 11 | of 12
of its then Directors.
If the budget is not approved by | ||||||
| 12 | the Board of the Regional Transportation
Authority, the | ||||||
| 13 | agreement may
be reopened and its terms may be renegotiated. | ||||||
| 14 | Any amended budget which
may be prepared following | ||||||
| 15 | renegotiation shall be presented to the Board of
the Regional | ||||||
| 16 | Transportation Authority for its approval in like manner.
| ||||||
| 17 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
| 18 | (70 ILCS 3605/51) | ||||||
| 19 | Sec. 51. Free services; eligibility. | ||||||
| 20 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 21 | 60 days following the effective date of this amendatory Act of | ||||||
| 22 | the 95th General Assembly and until subsection (b) is | ||||||
| 23 | implemented, any fixed route public transportation services | ||||||
| 24 | provided by, or under grant or purchase of service contracts | ||||||
| 25 | of, the Board shall be provided without charge to all senior | ||||||
| |||||||
| |||||||
| 1 | citizens of the Metropolitan Region (as such term is defined in | ||||||
| 2 | 70 ILCS 3615/1.03) aged 65 and older, under such conditions as | ||||||
| 3 | shall be prescribed by the Board.
| ||||||
| 4 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| 5 | 180 days following the effective date of this amendatory Act of | ||||||
| 6 | the 96th General Assembly, any fixed route public | ||||||
| 7 | transportation services provided by, or under grant or purchase | ||||||
| 8 | of service contracts of, the Board shall be provided without | ||||||
| 9 | charge to senior citizens aged 65 and older who meet the income | ||||||
| 10 | eligibility limitation set forth in subsection (a-5) of Section | ||||||
| 11 | 4 of the Senior Citizens and Persons with Disabilities Disabled | ||||||
| 12 | Persons Property Tax Relief Act, under such conditions as shall | ||||||
| 13 | be prescribed by the Board. The Department on Aging shall | ||||||
| 14 | furnish all information reasonably necessary to determine | ||||||
| 15 | eligibility, including updated lists of individuals who are | ||||||
| 16 | eligible for services without charge under this Section. | ||||||
| 17 | Nothing in this Section shall relieve the Board from providing | ||||||
| 18 | reduced fares as may be required by federal law. | ||||||
| 19 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
| 20 | (70 ILCS 3605/52) | ||||||
| 21 | Sec. 52. Transit services for individuals with | ||||||
| 22 | disabilities disabled individuals. Notwithstanding any law to | ||||||
| 23 | the contrary, no later than 60 days following the effective | ||||||
| 24 | date of this amendatory Act of the 95th General Assembly, all | ||||||
| 25 | fixed route public transportation services provided by, or | ||||||
| |||||||
| |||||||
| 1 | under grant or purchase of service contract of, the Board shall | ||||||
| 2 | be provided without charge to all persons with disabilities | ||||||
| 3 | disabled persons who meet the income eligibility limitation set | ||||||
| 4 | forth in subsection (a-5) of Section 4 of the Senior Citizens | ||||||
| 5 | and Persons with Disabilities Disabled Persons Property Tax | ||||||
| 6 | Relief Act, under such procedures as shall be prescribed by the | ||||||
| 7 | Board. The Department on Aging shall furnish all information | ||||||
| 8 | reasonably necessary to determine eligibility, including | ||||||
| 9 | updated lists of individuals who are eligible for services | ||||||
| 10 | without charge under this Section.
| ||||||
| 11 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 12 | Section 420. The Local Mass Transit District Act is amended | ||||||
| 13 | by changing Sections 8.6 and 8.7 as follows:
| ||||||
| 14 | (70 ILCS 3610/8.6) | ||||||
| 15 | Sec. 8.6. Free services; eligibility. | ||||||
| 16 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 17 | 60 days following the effective date of this amendatory Act of | ||||||
| 18 | the 95th General Assembly and until subsection (b) is | ||||||
| 19 | implemented, any fixed route public transportation services | ||||||
| 20 | provided by, or under grant or purchase of service contracts | ||||||
| 21 | of, every District shall be provided without charge to all | ||||||
| 22 | senior citizens of the District aged 65 and older, under such | ||||||
| 23 | conditions as shall be prescribed by the District.
| ||||||
| 24 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| |||||||
| |||||||
| 1 | 180 days following the effective date of this amendatory Act of | ||||||
| 2 | the 96th General Assembly, any fixed route public | ||||||
| 3 | transportation services provided by, or under grant or purchase | ||||||
| 4 | of service contracts of, every District shall be provided | ||||||
| 5 | without charge to senior citizens aged 65 and older who meet | ||||||
| 6 | the income eligibility limitation set forth in subsection (a-5) | ||||||
| 7 | of Section 4 of the Senior Citizens and Persons with | ||||||
| 8 | Disabilities Disabled Persons Property Tax Relief Act, under | ||||||
| 9 | such conditions as shall be prescribed by the District. The | ||||||
| 10 | Department on Aging shall furnish all information reasonably | ||||||
| 11 | necessary to determine eligibility, including updated lists of | ||||||
| 12 | individuals who are eligible for services without charge under | ||||||
| 13 | this Section. Nothing in this Section shall relieve the | ||||||
| 14 | District from providing reduced fares as may be required by | ||||||
| 15 | federal law. | ||||||
| 16 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
| 17 | (70 ILCS 3610/8.7) | ||||||
| 18 | Sec. 8.7. Transit services for individuals with | ||||||
| 19 | disabilities disabled individuals. Notwithstanding any law to | ||||||
| 20 | the contrary, no later than 60 days following the effective | ||||||
| 21 | date of this amendatory Act of the 95th General Assembly, all | ||||||
| 22 | fixed route public transportation services provided by, or | ||||||
| 23 | under grant or purchase of service contract of, any District | ||||||
| 24 | shall be provided without charge to all persons with | ||||||
| 25 | disabilities disabled persons who meet the income eligibility | ||||||
| |||||||
| |||||||
| 1 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
| 2 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 3 | Property Tax Relief Act, under such procedures as shall be | ||||||
| 4 | prescribed by the District. The Department on Aging shall | ||||||
| 5 | furnish all information reasonably necessary to determine | ||||||
| 6 | eligibility, including updated lists of individuals who are | ||||||
| 7 | eligible for services without charge under this Section.
| ||||||
| 8 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 9 | Section 425. The Regional Transportation Authority Act is | ||||||
| 10 | amended by changing Sections 1.02, 3A.15, 3A.16, 3B.14, and | ||||||
| 11 | 3B.15 as follows:
| ||||||
| 12 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
| ||||||
| 13 | Sec. 1.02. Findings and Purpose. | ||||||
| 14 | (a) The General Assembly finds;
| ||||||
| 15 | (i) Public transportation is, as provided in Section 7 | ||||||
| 16 | of Article
XIII of the Illinois Constitution, an essential | ||||||
| 17 | public purpose for which
public funds may be expended and | ||||||
| 18 | that Section authorizes the State to
provide financial | ||||||
| 19 | assistance to units of local government for distribution
to | ||||||
| 20 | providers of public transportation. There is an urgent need | ||||||
| 21 | to reform
and continue a unit of local government to assure | ||||||
| 22 | the proper management
of public transportation and to | ||||||
| 23 | receive and distribute State or federal
operating | ||||||
| 24 | assistance and to raise and distribute revenues for local | ||||||
| |||||||
| |||||||
| 1 | operating
assistance. System generated revenues are not | ||||||
| 2 | adequate for
such service and a public need exists to | ||||||
| 3 | provide for, aid and assist
public transportation in the | ||||||
| 4 | northeastern area of the State, consisting
of Cook, DuPage, | ||||||
| 5 | Kane, Lake, McHenry and Will Counties.
| ||||||
| 6 | (ii) Comprehensive and coordinated regional public | ||||||
| 7 | transportation is
essential to the public health, safety | ||||||
| 8 | and welfare. It is essential to
economic well-being, | ||||||
| 9 | maintenance of full employment, conservation of
sources of | ||||||
| 10 | energy and land for open space and reduction of traffic
| ||||||
| 11 | congestion and for providing and maintaining a healthful | ||||||
| 12 | environment for
the benefit of present and future | ||||||
| 13 | generations in the metropolitan region.
Public | ||||||
| 14 | transportation
improves the mobility of the public and | ||||||
| 15 | improves access to jobs,
commercial facilities, schools | ||||||
| 16 | and cultural attractions. Public
transportation decreases | ||||||
| 17 | air pollution and other environmental hazards
resulting | ||||||
| 18 | from excessive use of automobiles and allows for more
| ||||||
| 19 | efficient land use and planning.
| ||||||
| 20 | (iii) Because system generated receipts are not | ||||||
| 21 | presently
adequate, public
transportation facilities and | ||||||
| 22 | services in the northeastern area are in
grave financial | ||||||
| 23 | condition. With existing methods of financing,
| ||||||
| 24 | coordination and management, and relative convenience of | ||||||
| 25 | automobiles,
such public transportation facilities are not | ||||||
| 26 | providing adequate public
transportation to insure the | ||||||
| |||||||
| |||||||
| 1 | public health, safety and welfare.
| ||||||
| 2 | (iv) Additional commitments to the public | ||||||
| 3 | transportation
needs
of persons with disabilities the | ||||||
| 4 | disabled, the economically disadvantaged, and the
elderly | ||||||
| 5 | are necessary.
| ||||||
| 6 | (v) To solve these problems, it is necessary to provide | ||||||
| 7 | for the
creation of a regional transportation authority | ||||||
| 8 | with the powers
necessary to insure adequate public | ||||||
| 9 | transportation.
| ||||||
| 10 | (b) The General Assembly further finds, in connection with | ||||||
| 11 | this amendatory
Act of 1983:
| ||||||
| 12 | (i) Substantial, recurring deficits in the operations | ||||||
| 13 | of public transportation
services subject to the | ||||||
| 14 | jurisdiction of the Regional Transportation Authority
and | ||||||
| 15 | periodic cash shortages have occurred either of which could | ||||||
| 16 | bring about
a loss of public transportation services | ||||||
| 17 | throughout the metropolitan region at any time;
| ||||||
| 18 | (ii) A substantial or total loss of public | ||||||
| 19 | transportation services or
any segment thereof would | ||||||
| 20 | create an emergency threatening the safety and
well-being | ||||||
| 21 | of the people in the northeastern area of the State; and
| ||||||
| 22 | (iii) To meet the urgent needs of the people of the | ||||||
| 23 | metropolitan region
that such an emergency be averted and | ||||||
| 24 | to provide financially sound methods
of managing the | ||||||
| 25 | provision of public transportation services in the | ||||||
| 26 | northeastern
area of the State, it is necessary, while | ||||||
| |||||||
| |||||||
| 1 | maintaining and continuing the
existing Authority, to | ||||||
| 2 | modify the powers and responsibilities of the Authority,
to | ||||||
| 3 | reallocate responsibility for operating decisions, to | ||||||
| 4 | change the composition
and appointment of the Board of | ||||||
| 5 | Directors thereof, and to immediately establish
a new Board | ||||||
| 6 | of Directors.
| ||||||
| 7 | (c) The General Assembly further finds in connection with | ||||||
| 8 | this amendatory Act of the 95th General Assembly:
| ||||||
| 9 | (i) The economic vitality of northeastern Illinois | ||||||
| 10 | requires regionwide and systemwide efforts to increase | ||||||
| 11 | ridership on the transit systems, constrain road | ||||||
| 12 | congestion within the metropolitan region, and allocate | ||||||
| 13 | resources for transportation so as to assist in the | ||||||
| 14 | development of an adequate, efficient, geographically | ||||||
| 15 | equitable and coordinated regional transportation system | ||||||
| 16 | that is in a state of good repair.
| ||||||
| 17 | (ii) To achieve the purposes of this amendatory Act of | ||||||
| 18 | the 95th General Assembly, the powers and duties of the | ||||||
| 19 | Authority must be enhanced to improve overall planning and | ||||||
| 20 | coordination, to achieve an integrated and efficient | ||||||
| 21 | regional transit system, to advance the mobility of transit | ||||||
| 22 | users, and to increase financial transparency of the | ||||||
| 23 | Authority and the Service Boards.
| ||||||
| 24 | (d)
It is the purpose of this Act to provide for, aid and
| ||||||
| 25 | assist public transportation in the northeastern area of the | ||||||
| 26 | State without
impairing the overall quality of existing public | ||||||
| |||||||
| |||||||
| 1 | transportation by
providing for the creation of a single | ||||||
| 2 | authority responsive to the
people and elected officials of the | ||||||
| 3 | area and with the power and
competence to develop, implement, | ||||||
| 4 | and enforce plans that promote adequate, efficient, | ||||||
| 5 | geographically equitable and coordinated public | ||||||
| 6 | transportation, provide financial review of the providers of | ||||||
| 7 | public
transportation
in the metropolitan region and | ||||||
| 8 | facilitate public transportation provided
by Service Boards | ||||||
| 9 | which is attractive and economical to users, comprehensive,
| ||||||
| 10 | coordinated among its
various elements, economical, safe, | ||||||
| 11 | efficient and coordinated with area
and State plans.
| ||||||
| 12 | (Source: P.A. 98-1027, eff. 1-1-15.)
| ||||||
| 13 | (70 ILCS 3615/3A.15) | ||||||
| 14 | Sec. 3A.15. Free services; eligibility. | ||||||
| 15 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 16 | 60 days following the effective date of this amendatory Act of | ||||||
| 17 | the 95th General Assembly and until subsection (b) is | ||||||
| 18 | implemented, any fixed route public transportation services | ||||||
| 19 | provided by, or under grant or purchase of service contracts | ||||||
| 20 | of, the Suburban Bus Board shall be provided without charge to | ||||||
| 21 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
| 22 | older, under such conditions as shall be prescribed by the | ||||||
| 23 | Suburban Bus Board. | ||||||
| 24 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| 25 | 180 days following the effective date of this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | the 96th General Assembly, any fixed route public | ||||||
| 2 | transportation services provided by, or under grant or purchase | ||||||
| 3 | of service contracts of, the Suburban Bus Board shall be | ||||||
| 4 | provided without charge to senior citizens aged 65 and older | ||||||
| 5 | who meet the income eligibility limitation set forth in | ||||||
| 6 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
| 7 | Persons with Disabilities Disabled Persons Property Tax Relief | ||||||
| 8 | Act, under such conditions as shall be prescribed by the | ||||||
| 9 | Suburban Bus Board. The Department on Aging shall furnish all | ||||||
| 10 | information reasonably necessary to determine eligibility, | ||||||
| 11 | including updated lists of individuals who are eligible for | ||||||
| 12 | services without charge under this Section. Nothing in this | ||||||
| 13 | Section shall relieve the Suburban Bus Board from providing | ||||||
| 14 | reduced fares as may be required by federal law.
| ||||||
| 15 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
| 16 | (70 ILCS 3615/3A.16) | ||||||
| 17 | Sec. 3A.16. Transit services for individuals with | ||||||
| 18 | disabilities disabled individuals. Notwithstanding any law to | ||||||
| 19 | the contrary, no later than 60 days following the effective | ||||||
| 20 | date of this amendatory Act of the 95th General Assembly, all | ||||||
| 21 | fixed route public transportation services provided by, or | ||||||
| 22 | under grant or purchase of service contract of, the Suburban | ||||||
| 23 | Bus Board shall be provided without charge to all persons with | ||||||
| 24 | disabilities disabled persons who meet the income eligibility | ||||||
| 25 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
| |||||||
| |||||||
| 1 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 2 | Property Tax Relief Act, under such procedures as shall be | ||||||
| 3 | prescribed by the Board. The Department on Aging shall furnish | ||||||
| 4 | all information reasonably necessary to determine eligibility, | ||||||
| 5 | including updated lists of individuals who are eligible for | ||||||
| 6 | services without charge under this Section.
| ||||||
| 7 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 8 | (70 ILCS 3615/3B.14) | ||||||
| 9 | Sec. 3B.14. Free services; eligibility. | ||||||
| 10 | (a) Notwithstanding any law to the contrary, no later than | ||||||
| 11 | 60 days following the effective date of this amendatory Act of | ||||||
| 12 | the 95th General Assembly and until subsection (b) is | ||||||
| 13 | implemented, any fixed route public transportation services | ||||||
| 14 | provided by, or under grant or purchase of service contracts | ||||||
| 15 | of, the Commuter Rail Board shall be provided without charge to | ||||||
| 16 | all senior citizens of the Metropolitan Region aged 65 and | ||||||
| 17 | older, under such conditions as shall be prescribed by the | ||||||
| 18 | Commuter Rail Board. | ||||||
| 19 | (b) Notwithstanding any law to the contrary, no later than | ||||||
| 20 | 180 days following the effective date of this amendatory Act of | ||||||
| 21 | the 96th General Assembly, any fixed route public | ||||||
| 22 | transportation services provided by, or under grant or purchase | ||||||
| 23 | of service contracts of, the Commuter Rail Board shall be | ||||||
| 24 | provided without charge to senior citizens aged 65 and older | ||||||
| 25 | who meet the income eligibility limitation set forth in | ||||||
| |||||||
| |||||||
| 1 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
| 2 | Persons with Disabilities Disabled Persons Property Tax Relief | ||||||
| 3 | Act, under such conditions as shall be prescribed by the | ||||||
| 4 | Commuter Rail Board. The Department on Aging shall furnish all | ||||||
| 5 | information reasonably necessary to determine eligibility, | ||||||
| 6 | including updated lists of individuals who are eligible for | ||||||
| 7 | services without charge under this Section. Nothing in this | ||||||
| 8 | Section shall relieve the Commuter Rail Board from providing | ||||||
| 9 | reduced fares as may be required by federal law.
| ||||||
| 10 | (Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
| ||||||
| 11 | (70 ILCS 3615/3B.15) | ||||||
| 12 | Sec. 3B.15. Transit services for individuals with | ||||||
| 13 | disabilities disabled individuals. Notwithstanding any law to | ||||||
| 14 | the contrary, no later than 60 days following the effective | ||||||
| 15 | date of this amendatory Act of the 95th General Assembly, all | ||||||
| 16 | fixed route public transportation services provided by, or | ||||||
| 17 | under grant or purchase of service contract of, the Commuter | ||||||
| 18 | Rail Board shall be provided without charge to all persons with | ||||||
| 19 | disabilities disabled persons who meet the income eligibility | ||||||
| 20 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
| 21 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 22 | Property Tax Relief Act, under such procedures as shall be | ||||||
| 23 | prescribed by the Board. The Department on Aging shall furnish | ||||||
| 24 | all information reasonably necessary to determine eligibility, | ||||||
| 25 | including updated lists of individuals who are eligible for | ||||||
| |||||||
| |||||||
| 1 | services without charge under this Section.
| ||||||
| 2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 3 | Section 430. The School Code is amended by changing | ||||||
| 4 | Sections 2-3.83, 2-3.98, 10-22.11, 10-22.33B, 14-6.01, | ||||||
| 5 | 14-7.02, 14-7.03, 14-8.01, 14-8.02, 14-8.04, 14-11.01, | ||||||
| 6 | 17-2.11, 19-1, 21B-20, 30-14.2, 34-2.4, 34-18, and 34-128 as | ||||||
| 7 | follows:
| ||||||
| 8 | (105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
| ||||||
| 9 | Sec. 2-3.83. Individual transition plan model pilot | ||||||
| 10 | program.
| ||||||
| 11 | (a) The General Assembly finds that transition services for | ||||||
| 12 | special
education students in secondary schools are needed for | ||||||
| 13 | the increasing numbers
of students exiting school programs. | ||||||
| 14 | Therefore, to ensure coordinated and
timely delivery of | ||||||
| 15 | services, the State shall establish a model pilot program to
| ||||||
| 16 | provide such services. Local school districts, using joint | ||||||
| 17 | agreements and
regional service delivery systems for special | ||||||
| 18 | and vocational education
selected by the Governor's Planning | ||||||
| 19 | Council on Developmental Disabilities,
shall have the primary | ||||||
| 20 | responsibility to convene transition planning
meetings for | ||||||
| 21 | these students who will require post-school adult services.
| ||||||
| 22 | (b) For purposes of this Section:
| ||||||
| 23 | (1) "Post-secondary Service Provider" means a
provider | ||||||
| 24 | of services for adults who have any developmental | ||||||
| |||||||
| |||||||
| 1 | disability as
defined in Section 1-106 of the Mental Health | ||||||
| 2 | and Developmental
Disabilities Code or who are persons with | ||||||
| 3 | one or more disabilities disabled as defined in the | ||||||
| 4 | Rehabilitation of Persons with Disabilities Disabled | ||||||
| 5 | Persons
Rehabilitation Act.
| ||||||
| 6 | (2) "Individual Education Plan" means a written | ||||||
| 7 | statement for an
exceptional child that provides at least a | ||||||
| 8 | statement of: the child's
present levels of educational | ||||||
| 9 | performance, annual goals and short-term
instructional | ||||||
| 10 | objectives; specific special education and related | ||||||
| 11 | services;
the extent of participation in the regular | ||||||
| 12 | education program; the projected
dates for initiation of | ||||||
| 13 | services; anticipated duration of services;
appropriate | ||||||
| 14 | objective criteria and evaluation procedures; and a | ||||||
| 15 | schedule
for annual determination of short-term | ||||||
| 16 | objectives.
| ||||||
| 17 | (3) "Individual Transition Plan" (ITP) means a | ||||||
| 18 | multi-agency informal
assessment of a student's needs for | ||||||
| 19 | post-secondary adult services including
but not limited to | ||||||
| 20 | employment, post-secondary education or training and
| ||||||
| 21 | residential independent living.
| ||||||
| 22 | (4) "Developmental Disability" means a disability | ||||||
| 23 | which is
attributable to: (a) an intellectual disability, | ||||||
| 24 | cerebral palsy, epilepsy or autism;
or to (b) any other | ||||||
| 25 | condition which results in impairment similar to that
| ||||||
| 26 | caused by an intellectual disability and which requires | ||||||
| |||||||
| |||||||
| 1 | services similar to those
required by persons with an | ||||||
| 2 | intellectual disability intellectually disabled persons. | ||||||
| 3 | Such disability must originate before
the age of 18 years, | ||||||
| 4 | be expected to continue indefinitely, and constitute a
| ||||||
| 5 | substantial disability handicap.
| ||||||
| 6 | (5) "Exceptional Characteristic" means any disabling
| ||||||
| 7 | or exceptional
characteristic which interferes with a | ||||||
| 8 | student's education including, but
not limited to, a | ||||||
| 9 | determination that the student has a severe or profound | ||||||
| 10 | mental disability, has mental disability but is trainable, | ||||||
| 11 | is is severely or profoundly
mentally disabled, trainably | ||||||
| 12 | mentally disabled, deaf-blind, or has
some other health | ||||||
| 13 | impairment.
| ||||||
| 14 | (c) The model pilot program required by this Section shall | ||||||
| 15 | be established
and administered by the Governor's Planning | ||||||
| 16 | Council on Developmental
Disabilities in conjunction with the | ||||||
| 17 | case coordination pilot projects
established by the Department | ||||||
| 18 | of Human Services pursuant to Section 4.1 of the Community | ||||||
| 19 | Services
Act, as amended.
| ||||||
| 20 | (d) The model pilot program shall include the following | ||||||
| 21 | features:
| ||||||
| 22 | (1) Written notice shall be sent to the student and, | ||||||
| 23 | when appropriate, his
or her parent or guardian giving the | ||||||
| 24 | opportunity to consent to having the
student's name and | ||||||
| 25 | relevant information shared with the local case | ||||||
| 26 | coordination
unit and other appropriate State or local | ||||||
| |||||||
| |||||||
| 1 | agencies for purposes of inviting
participants to the | ||||||
| 2 | individual transition plan meeting.
| ||||||
| 3 | (2) Meetings to develop and modify, as needed, an | ||||||
| 4 | Individual Transition
Plan
shall be conducted annually for | ||||||
| 5 | all students with a developmental disability in
the pilot | ||||||
| 6 | program area who are age 16 or older and who are receiving | ||||||
| 7 | special
education services for 50% or more of their public | ||||||
| 8 | school program. These
meetings shall be convened by the | ||||||
| 9 | local school district and conducted in
conjunction with any | ||||||
| 10 | other regularly scheduled meetings such as the student's
| ||||||
| 11 | annual individual educational plan meeting. The Governor's | ||||||
| 12 | Planning Council on
Developmental Disabilities shall | ||||||
| 13 | cooperate with and may enter into any
necessary written | ||||||
| 14 | agreements with the Department of Human Services and the | ||||||
| 15 | State Board of Education to
identify the target group of | ||||||
| 16 | students for transition planning and the
appropriate case
| ||||||
| 17 | coordination unit to serve these individuals.
| ||||||
| 18 | (3) The ITP meetings shall be co-chaired by the | ||||||
| 19 | individual education plan
coordinator and the case | ||||||
| 20 | coordinator. The ITP meeting shall include but
not be | ||||||
| 21 | limited to discussion of the following: the student's | ||||||
| 22 | projected
date of exit from the public schools; his | ||||||
| 23 | projected post-school goals
in the areas of employment, | ||||||
| 24 | residential living arrangement and
post-secondary | ||||||
| 25 | education or training; specific school or post-school
| ||||||
| 26 | services needed during the following year to achieve the | ||||||
| |||||||
| |||||||
| 1 | student's goals,
including but not limited to vocational | ||||||
| 2 | evaluation, vocational education,
work experience or | ||||||
| 3 | vocational training, placement assistance, independent
| ||||||
| 4 | living skills training, recreational or leisure training, | ||||||
| 5 | income support,
medical needs and transportation; and | ||||||
| 6 | referrals and linkage to needed services,
including a | ||||||
| 7 | proposed time frame for services and the responsible agency | ||||||
| 8 | or
provider. The individual transition plan shall be signed | ||||||
| 9 | by participants in
the ITP discussion, including but not | ||||||
| 10 | limited to the student's parents or
guardian, the student | ||||||
| 11 | (where appropriate), multi-disciplinary team
| ||||||
| 12 | representatives from the public schools, the case | ||||||
| 13 | coordinator and any other
individuals who have | ||||||
| 14 | participated in the ITP meeting at the discretion of the
| ||||||
| 15 | individual education plan coordinator, the developmental | ||||||
| 16 | disability case
coordinator or the parents or guardian.
| ||||||
| 17 | (4) At least 10 days prior to the ITP meeting, the | ||||||
| 18 | parents or guardian of
the student shall be notified in | ||||||
| 19 | writing of the time and place of the meeting
by the local | ||||||
| 20 | school district. The ITP discussion shall be documented by | ||||||
| 21 | the
assigned case coordinator, and an individual student | ||||||
| 22 | file shall be
maintained by each case coordination unit. | ||||||
| 23 | One year following a student's
exit from public school the | ||||||
| 24 | case coordinator shall conduct a follow up
interview with | ||||||
| 25 | the student.
| ||||||
| 26 | (5) Determinations with respect to individual | ||||||
| |||||||
| |||||||
| 1 | transition plans made under
this Section shall not be | ||||||
| 2 | subject to any due process requirements prescribed in
| ||||||
| 3 | Section 14-8.02 of this Code.
| ||||||
| 4 | (e) (Blank).
| ||||||
| 5 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 6 | (105 ILCS 5/2-3.98) (from Ch. 122, par. 2-3.98)
| ||||||
| 7 | Sec. 2-3.98. Transition program for persons with | ||||||
| 8 | developmental disabilities Developmentally disabled transition | ||||||
| 9 | program. The State
Board of Education shall establish and | ||||||
| 10 | implement, in conjunction with the
Department of Human | ||||||
| 11 | Services, a pilot program for
the provision of transitional, | ||||||
| 12 | educational services to persons with a
developmental | ||||||
| 13 | disability 18 years of age or older who have completed public
| ||||||
| 14 | school programs.
| ||||||
| 15 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
| 16 | (105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
| ||||||
| 17 | Sec. 10-22.11. Lease of school property.
| ||||||
| 18 | (a) To lease school
property to another school district, | ||||||
| 19 | municipality or body politic and
corporate for a term of not to | ||||||
| 20 | exceed 25 years, except as otherwise
provided in this Section, | ||||||
| 21 | and upon such terms and conditions as may be
agreed if in the | ||||||
| 22 | opinion of the school board use of such property will
not be | ||||||
| 23 | needed by the district during the term of such lease; provided,
| ||||||
| 24 | the school board shall not make or renew any lease for a term | ||||||
| |||||||
| |||||||
| 1 | longer
than 10 years, nor alter the terms of any lease whose | ||||||
| 2 | unexpired term may
exceed 10 years without the vote of 2/3 of | ||||||
| 3 | the full membership of the board.
| ||||||
| 4 | (b) Whenever the school board considers such action | ||||||
| 5 | advisable and in
the best interests of the school district, to | ||||||
| 6 | lease vacant school
property for a period not exceeding 51 | ||||||
| 7 | years to a private not for profit
school organization for use | ||||||
| 8 | in the care of persons with a mental disability who are | ||||||
| 9 | trainable and educable the trainable and educable
mentally | ||||||
| 10 | disabled persons in the district or in the
education of the
| ||||||
| 11 | gifted children in the district. Before leasing such property | ||||||
| 12 | to a
private not for profit school organization, the school | ||||||
| 13 | board must adopt
a resolution for the leasing of such property, | ||||||
| 14 | fixing the period and
price therefor, and order submitted to | ||||||
| 15 | referendum at an election to be held
in the district as | ||||||
| 16 | provided in the general election law, the question of
whether | ||||||
| 17 | the lease should be entered into. Thereupon, the secretary
| ||||||
| 18 | shall certify to the proper election authorities the | ||||||
| 19 | proposition for
submission in accordance with the general | ||||||
| 20 | election law. If the majority
of the voters voting upon the | ||||||
| 21 | proposition vote in favor of the leasing,
the school board may | ||||||
| 22 | proceed with the leasing. The proposition shall be
in | ||||||
| 23 | substantially the following form:
| ||||||
| 24 | -------------------------------------------------------------
| ||||||
| 25 | Shall School District No. ..... of
| ||||||
| 26 | ..... County, Illinois lease to YES
| ||||||
| |||||||
| |||||||
| 1 | ..... (here name and identify the
| ||||||
| 2 | lessee) the following described vacant ---------------------
| ||||||
| 3 | school property (here describe the
| ||||||
| 4 | property) for a term of ..... years NO
| ||||||
| 5 | for the sum of ..... Dollars?
| ||||||
| 6 | -------------------------------------------------------------
| ||||||
| 7 | This paragraph (b) shall not be construed in such a manner | ||||||
| 8 | as to
relieve the responsibility of the Board of Education as | ||||||
| 9 | set out in
Article 14 of the School Code.
| ||||||
| 10 | (c) To lease school buildings and land to suitable lessees | ||||||
| 11 | for educational
purposes or for any other purpose which serves | ||||||
| 12 | the interests of the
community, for a term not to exceed 25 | ||||||
| 13 | years and upon such terms and
conditions as may be agreed upon | ||||||
| 14 | by the parties, when such buildings and land are
declared by | ||||||
| 15 | the board to be unnecessary or unsuitable or
inconvenient for a | ||||||
| 16 | school or the uses of the district during the term of
the lease | ||||||
| 17 | and when, in the opinion of the board, the best interests of
| ||||||
| 18 | the residents of the school district will be enhanced by | ||||||
| 19 | entering into
such a lease. Such leases shall include | ||||||
| 20 | provisions for adequate
insurance for both liability and | ||||||
| 21 | property damage or loss, and
reasonable charges for maintenance | ||||||
| 22 | and depreciation of such buildings and
land.
| ||||||
| 23 | (Source: P.A. 89-397, eff. 8-20-95.)
| ||||||
| 24 | (105 ILCS 5/10-22.33B)
| ||||||
| 25 | Sec. 10-22.33B. Summer school; required attendance. To | ||||||
| |||||||
| |||||||
| 1 | conduct a high
quality summer school program for those resident | ||||||
| 2 | students identified by the
school district as being | ||||||
| 3 | academically at risk in such critical subject areas as
language | ||||||
| 4 | arts (reading and writing) and mathematics who will be entering | ||||||
| 5 | any of
the school district's grades for the next school term | ||||||
| 6 | and to require attendance
at such program by such students who | ||||||
| 7 | have not been identified as a person with a disability disabled | ||||||
| 8 | under
Article 14, but who meet criteria established under this | ||||||
| 9 | Section. Summer
school programs established under this Section | ||||||
| 10 | shall be
designed to raise the level of achievement and improve | ||||||
| 11 | opportunities for
success in subsequent grade levels of those | ||||||
| 12 | students required to attend. The
parent or guardian of any | ||||||
| 13 | student required to attend summer school shall be
given written | ||||||
| 14 | notice from the school district requiring attendance not later
| ||||||
| 15 | than the close of the school term which immediately precedes | ||||||
| 16 | the required
summer school program.
| ||||||
| 17 | (Source: P.A. 89-610, eff. 8-6-96.)
| ||||||
| 18 | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
| ||||||
| 19 | Sec. 14-6.01. Powers and duties of school boards. School | ||||||
| 20 | boards of
one or more school districts establishing and | ||||||
| 21 | maintaining any of the
educational facilities described in this | ||||||
| 22 | Article shall, in connection
therewith, exercise similar | ||||||
| 23 | powers and duties as are prescribed by law
for the | ||||||
| 24 | establishment, maintenance and management of other recognized
| ||||||
| 25 | educational facilities. Such school boards shall include only | ||||||
| |||||||
| |||||||
| 1 | eligible
children in the program and shall comply with all the | ||||||
| 2 | requirements of
this Article and all rules and regulations | ||||||
| 3 | established by the State
Board of Education. Such school boards | ||||||
| 4 | shall accept in part-time
attendance children with | ||||||
| 5 | disabilities of the types
described in Sections
14-1.02 through | ||||||
| 6 | 14-1.07 who are enrolled in nonpublic schools. A
request for | ||||||
| 7 | part-time attendance must be submitted by a parent or
guardian | ||||||
| 8 | of the child with a disability disabled child and may be made
| ||||||
| 9 | only to those public
schools located in the district where the | ||||||
| 10 | child attending the nonpublic
school resides; however, nothing | ||||||
| 11 | in this Section shall be construed as
prohibiting an agreement | ||||||
| 12 | between the district where the child resides
and another public | ||||||
| 13 | school district to provide special educational
services if such | ||||||
| 14 | an arrangement is deemed more convenient and
economical. | ||||||
| 15 | Special education and related services must be provided in | ||||||
| 16 | accordance with the student's IEP no later than 10 school | ||||||
| 17 | attendance days after notice is provided to the parents | ||||||
| 18 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
| 19 | Regulations and implementing rules adopted by the State Board | ||||||
| 20 | of Education. Transportation for students in part time | ||||||
| 21 | attendance shall be
provided only if required in the child's | ||||||
| 22 | individualized educational program
on the basis of the child's | ||||||
| 23 | disabling condition or as the
special education
program | ||||||
| 24 | location may require.
| ||||||
| 25 | A school board shall publish a public notice in its | ||||||
| 26 | newsletter of
general circulation or in the newsletter of | ||||||
| |||||||
| |||||||
| 1 | another governmental entity of
general circulation in the | ||||||
| 2 | district or if neither is available in the
district, then in a | ||||||
| 3 | newspaper of general circulation in the district, the
right of | ||||||
| 4 | all children with disabilities to a free
appropriate public | ||||||
| 5 | education
as provided under this Code. Such notice shall | ||||||
| 6 | identify the location and
phone number of the office or agent | ||||||
| 7 | of the school district to whom
inquiries should be directed | ||||||
| 8 | regarding the identification, assessment and
placement of such | ||||||
| 9 | children.
| ||||||
| 10 | School boards shall immediately provide upon request by any | ||||||
| 11 | person
written materials and other information that indicates | ||||||
| 12 | the specific
policies, procedures, rules and regulations | ||||||
| 13 | regarding the identification,
evaluation or educational | ||||||
| 14 | placement of children with
disabilities under Section
14-8.02 | ||||||
| 15 | of the School Code. Such information shall include information
| ||||||
| 16 | regarding all rights and entitlements of such children under | ||||||
| 17 | this Code, and
of the opportunity to present complaints with | ||||||
| 18 | respect to any matter
relating to educational placement of the | ||||||
| 19 | student, or the provision of a
free appropriate public | ||||||
| 20 | education and to have an impartial due process
hearing on the | ||||||
| 21 | complaint. The notice shall inform the parents or guardian
in | ||||||
| 22 | the parents' or guardian's native language, unless it is | ||||||
| 23 | clearly not
feasible to do so, of their rights and all | ||||||
| 24 | procedures available pursuant to
this Act and federal Public | ||||||
| 25 | Law 94-142; it shall be the responsibility of
the State | ||||||
| 26 | Superintendent to develop uniform notices setting forth the
| ||||||
| |||||||
| |||||||
| 1 | procedures available under this Act and federal Public Law | ||||||
| 2 | 94-142, as
amended, to be used by all school boards. The notice | ||||||
| 3 | shall also inform the
parents or guardian of the availability | ||||||
| 4 | upon request of a list of free or
low-cost legal and other | ||||||
| 5 | relevant services available locally to assist
parents or | ||||||
| 6 | guardians in exercising rights or entitlements under this Code.
| ||||||
| 7 | Any parent or guardian who is deaf, or does not normally | ||||||
| 8 | communicate
using spoken English, who participates in a meeting | ||||||
| 9 | with a representative
of a local educational agency for the | ||||||
| 10 | purposes of developing an
individualized educational program | ||||||
| 11 | shall be entitled to the services of
an interpreter.
| ||||||
| 12 | No student with a disability disabled student may be denied | ||||||
| 13 | promotion,
graduation or a general
diploma on the basis of | ||||||
| 14 | failing a minimal competency test when such failure
can be | ||||||
| 15 | directly related to the disabling
condition of the student. For | ||||||
| 16 | the
purpose of this Act, "minimal competency testing" is | ||||||
| 17 | defined as tests which
are constructed to measure the | ||||||
| 18 | acquisition of skills to or beyond a certain
defined standard.
| ||||||
| 19 | Effective July 1, 1966, high school districts are | ||||||
| 20 | financially
responsible for the education of pupils with | ||||||
| 21 | disabilities who
are residents in their
districts when such | ||||||
| 22 | pupils have reached age 15 but may admit
children with | ||||||
| 23 | disabilities into special educational facilities without
| ||||||
| 24 | regard to graduation
from the eighth grade after such pupils | ||||||
| 25 | have reached the age of 14 1/2 years.
Upon a pupil with a | ||||||
| 26 | disability disabled pupil's attaining the age of 14 1/2 years,
| ||||||
| |||||||
| |||||||
| 1 | it shall be
the duty of the elementary school district in which | ||||||
| 2 | the pupil resides to
notify the high school district in which | ||||||
| 3 | the pupil resides of the pupil's
current eligibility for | ||||||
| 4 | special education services, of the pupil's current
program, and | ||||||
| 5 | of all evaluation data upon which the current program is
based. | ||||||
| 6 | After an examination of that information the high school | ||||||
| 7 | district
may accept the current placement and all subsequent | ||||||
| 8 | timelines shall be
governed by the current individualized | ||||||
| 9 | educational program; or the high
school district may elect to | ||||||
| 10 | conduct its own evaluation and
multidisciplinary staff | ||||||
| 11 | conference and formulate its own individualized
educational | ||||||
| 12 | program, in which case the procedures and timelines contained
| ||||||
| 13 | in Section 14-8.02 shall apply.
| ||||||
| 14 | (Source: P.A. 98-219, eff. 8-9-13.)
| ||||||
| 15 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||||||
| 16 | Sec. 14-7.02. Children attending private schools, public
| ||||||
| 17 | out-of-state schools, public school residential facilities or | ||||||
| 18 | private
special education facilities. The General Assembly | ||||||
| 19 | recognizes that non-public
schools or special education | ||||||
| 20 | facilities provide an important service in the
educational | ||||||
| 21 | system in Illinois.
| ||||||
| 22 | If because of his or her disability the special education
| ||||||
| 23 | program of a district is unable to meet the needs of a child | ||||||
| 24 | and the
child attends a non-public school or special education | ||||||
| 25 | facility, a
public out-of-state school or a special education | ||||||
| |||||||
| |||||||
| 1 | facility owned and
operated by a county government unit that | ||||||
| 2 | provides special educational
services required by the child and | ||||||
| 3 | is in compliance with the appropriate
rules and regulations of | ||||||
| 4 | the State Superintendent of Education, the
school district in | ||||||
| 5 | which the child is a resident shall pay the actual
cost of | ||||||
| 6 | tuition for special education and related services provided
| ||||||
| 7 | during the regular school term and during the summer school | ||||||
| 8 | term if the
child's educational needs so require, excluding | ||||||
| 9 | room, board and
transportation costs charged the child by that | ||||||
| 10 | non-public school or
special education facility, public | ||||||
| 11 | out-of-state school or county special
education facility, or | ||||||
| 12 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
| 13 | necessary transportation. "Nonpublic special
education | ||||||
| 14 | facility" shall include a residential facility,
within or | ||||||
| 15 | without the State of Illinois, which provides
special education | ||||||
| 16 | and related services to meet the needs of the child by
| ||||||
| 17 | utilizing private schools or public schools, whether located on | ||||||
| 18 | the site
or off the site of the residential facility.
| ||||||
| 19 | The State Board of Education shall promulgate rules and | ||||||
| 20 | regulations
for determining when placement in a private special | ||||||
| 21 | education facility
is appropriate. Such rules and regulations | ||||||
| 22 | shall take into account
the various types of services needed by | ||||||
| 23 | a child and the availability
of such services to the particular | ||||||
| 24 | child in the public school.
In developing these rules and | ||||||
| 25 | regulations the State Board of
Education shall consult with the | ||||||
| 26 | Advisory Council on
Education of Children with Disabilities and | ||||||
| |||||||
| |||||||
| 1 | hold public
hearings to secure recommendations from parents, | ||||||
| 2 | school personnel,
and others concerned about this matter.
| ||||||
| 3 | The State Board of Education shall also promulgate rules | ||||||
| 4 | and
regulations for transportation to and from a residential | ||||||
| 5 | school.
Transportation to and from home to a residential school | ||||||
| 6 | more than once
each school term shall be subject to prior | ||||||
| 7 | approval by the State
Superintendent in accordance with the | ||||||
| 8 | rules and regulations of the State
Board.
| ||||||
| 9 | A school district making tuition payments pursuant to this
| ||||||
| 10 | Section is eligible for reimbursement from the State for the | ||||||
| 11 | amount of
such payments actually made in excess of the district | ||||||
| 12 | per capita tuition
charge for students not receiving special | ||||||
| 13 | education services.
Such reimbursement shall be approved in | ||||||
| 14 | accordance with Section 14-12.01
and each district shall file | ||||||
| 15 | its claims, computed in accordance with rules
prescribed by the | ||||||
| 16 | State Board of Education, on forms prescribed by the
State | ||||||
| 17 | Superintendent of Education. Data used as a basis of | ||||||
| 18 | reimbursement
claims shall be for the preceding regular school | ||||||
| 19 | term and summer school
term. Each school district shall | ||||||
| 20 | transmit its claims to the State Board of Education
on or | ||||||
| 21 | before
August 15. The State Board of Education, before | ||||||
| 22 | approving any such claims,
shall determine their accuracy and | ||||||
| 23 | whether they are based upon services
and facilities provided | ||||||
| 24 | under approved programs. Upon approval the State
Board shall | ||||||
| 25 | cause vouchers to be prepared showing the amount due
for | ||||||
| 26 | payment of reimbursement claims to school
districts, for | ||||||
| |||||||
| |||||||
| 1 | transmittal to the State Comptroller on
the 30th day of | ||||||
| 2 | September, December, and March, respectively, and the final
| ||||||
| 3 | voucher, no later than June 20. If the
money appropriated by | ||||||
| 4 | the General Assembly for such purpose for any year
is | ||||||
| 5 | insufficient, it shall be apportioned on the basis of the | ||||||
| 6 | claims approved.
| ||||||
| 7 | No child shall be placed in a special education program | ||||||
| 8 | pursuant to
this Section if the tuition cost for special | ||||||
| 9 | education and related
services increases more than 10 percent | ||||||
| 10 | over the tuition cost for the
previous school year or exceeds | ||||||
| 11 | $4,500 per year unless such costs have
been approved by the | ||||||
| 12 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
| 13 | Care Review Board shall consist of the following
persons, or | ||||||
| 14 | their designees: the Directors of Children and Family
Services, | ||||||
| 15 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
| 16 | Management and Budget; the
Secretary of Human Services; the | ||||||
| 17 | State Superintendent of Education; and such
other persons as | ||||||
| 18 | the
Governor may designate. The Review Board shall also consist | ||||||
| 19 | of one non-voting member who is an administrator of a
private, | ||||||
| 20 | nonpublic, special education school. The Review Board shall | ||||||
| 21 | establish rules and
regulations for its determination of | ||||||
| 22 | allowable costs and payments made by
local school districts for | ||||||
| 23 | special education, room and board, and other related
services | ||||||
| 24 | provided by non-public schools or special education facilities | ||||||
| 25 | and
shall establish uniform standards and criteria which it | ||||||
| 26 | shall follow. The Review Board shall approve the usual and | ||||||
| |||||||
| |||||||
| 1 | customary rate or rates of a special education program that (i) | ||||||
| 2 | is offered by an out-of-state, non-public provider of | ||||||
| 3 | integrated autism specific educational and autism specific | ||||||
| 4 | residential services, (ii) offers 2 or more levels of | ||||||
| 5 | residential care, including at least one locked facility, and | ||||||
| 6 | (iii) serves 12 or fewer Illinois students.
| ||||||
| 7 | The Review Board shall establish uniform definitions and | ||||||
| 8 | criteria for
accounting separately by special education, room | ||||||
| 9 | and board and other
related services costs. The Board shall | ||||||
| 10 | also establish guidelines for
the coordination of services and | ||||||
| 11 | financial assistance provided by all
State agencies to assure | ||||||
| 12 | that no otherwise qualified child with a disability disabled | ||||||
| 13 | child
receiving services under Article 14 shall be excluded | ||||||
| 14 | from participation
in, be denied the benefits of or be | ||||||
| 15 | subjected to discrimination under
any program or activity | ||||||
| 16 | provided by any State agency.
| ||||||
| 17 | The Review Board shall review the costs for special | ||||||
| 18 | education and
related services provided by non-public schools | ||||||
| 19 | or special education
facilities and shall approve or disapprove | ||||||
| 20 | such facilities in accordance
with the rules and regulations | ||||||
| 21 | established by it with respect to
allowable costs.
| ||||||
| 22 | The State Board of Education shall provide administrative | ||||||
| 23 | and staff support
for the Review Board as deemed reasonable by | ||||||
| 24 | the State Superintendent of
Education. This support shall not | ||||||
| 25 | include travel expenses or other
compensation for any Review | ||||||
| 26 | Board member other than the State Superintendent of
Education.
| ||||||
| |||||||
| |||||||
| 1 | The Review Board shall seek the advice of the Advisory | ||||||
| 2 | Council on
Education of Children with Disabilities on the rules | ||||||
| 3 | and
regulations to be
promulgated by it relative to providing | ||||||
| 4 | special education services.
| ||||||
| 5 | If a child has been placed in a program in which the actual | ||||||
| 6 | per pupil costs
of tuition for special education and related | ||||||
| 7 | services based on program
enrollment, excluding room, board and | ||||||
| 8 | transportation costs, exceed $4,500 and
such costs have been | ||||||
| 9 | approved by the Review Board, the district shall pay such
total | ||||||
| 10 | costs which exceed $4,500. A district making such tuition | ||||||
| 11 | payments in
excess of $4,500 pursuant to this Section shall be | ||||||
| 12 | responsible for an amount in
excess of $4,500 equal to the | ||||||
| 13 | district per capita
tuition charge and shall be eligible for | ||||||
| 14 | reimbursement from the State for
the amount of such payments | ||||||
| 15 | actually made in excess of the districts per capita
tuition | ||||||
| 16 | charge for students not receiving special education services.
| ||||||
| 17 | If a child has been placed in an approved individual | ||||||
| 18 | program and the
tuition costs including room and board costs | ||||||
| 19 | have been approved by the
Review Board, then such room and | ||||||
| 20 | board costs shall be paid by the
appropriate State agency | ||||||
| 21 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
| 22 | and board costs not provided by a State agency other
than the | ||||||
| 23 | State Board of Education shall be provided by the State Board
| ||||||
| 24 | of Education on a current basis. In no event, however, shall | ||||||
| 25 | the
State's liability for funding of these tuition costs begin | ||||||
| 26 | until after
the legal obligations of third party payors have | ||||||
| |||||||
| |||||||
| 1 | been subtracted from
such costs. If the money appropriated by | ||||||
| 2 | the General Assembly for such
purpose for any year is | ||||||
| 3 | insufficient, it shall be apportioned on the
basis of the | ||||||
| 4 | claims approved. Each district shall submit estimated claims to | ||||||
| 5 | the State
Superintendent of Education. Upon approval of such | ||||||
| 6 | claims, the State
Superintendent of Education shall direct the | ||||||
| 7 | State Comptroller to make payments
on a monthly basis. The | ||||||
| 8 | frequency for submitting estimated
claims and the method of | ||||||
| 9 | determining payment shall be prescribed in rules
and | ||||||
| 10 | regulations adopted by the State Board of Education. Such | ||||||
| 11 | current state
reimbursement shall be reduced by an amount equal | ||||||
| 12 | to the proceeds which
the child or child's parents are eligible | ||||||
| 13 | to receive under any public or
private insurance or assistance | ||||||
| 14 | program. Nothing in this Section shall
be construed as | ||||||
| 15 | relieving an insurer or similar third party from an
otherwise | ||||||
| 16 | valid obligation to provide or to pay for services provided to
| ||||||
| 17 | a child with a disability disabled child.
| ||||||
| 18 | If it otherwise qualifies, a school district is eligible | ||||||
| 19 | for the
transportation reimbursement under Section 14-13.01 | ||||||
| 20 | and for the
reimbursement of tuition payments under this | ||||||
| 21 | Section whether the
non-public school or special education | ||||||
| 22 | facility, public out-of-state
school or county special | ||||||
| 23 | education facility, attended by a child who
resides in that | ||||||
| 24 | district and requires special educational services, is
within | ||||||
| 25 | or outside of the State of Illinois. However, a district is not
| ||||||
| 26 | eligible to claim transportation reimbursement under this | ||||||
| |||||||
| |||||||
| 1 | Section unless
the district certifies to the State | ||||||
| 2 | Superintendent of Education that the
district is unable to | ||||||
| 3 | provide special educational services required by
the child for | ||||||
| 4 | the current school year.
| ||||||
| 5 | Nothing in this Section authorizes the reimbursement of a | ||||||
| 6 | school
district for the amount paid for tuition of a child | ||||||
| 7 | attending a
non-public school or special education facility, | ||||||
| 8 | public out-of-state
school or county special education | ||||||
| 9 | facility unless the school district
certifies to the State | ||||||
| 10 | Superintendent of Education that the special
education program | ||||||
| 11 | of that district is unable to meet the needs of that child
| ||||||
| 12 | because of his disability and the State Superintendent of | ||||||
| 13 | Education finds
that the school district is in substantial | ||||||
| 14 | compliance with Section 14-4.01. However, if a child is | ||||||
| 15 | unilaterally placed by a State agency or any court in a | ||||||
| 16 | non-public school or special education facility, public | ||||||
| 17 | out-of-state school, or county special education facility, a | ||||||
| 18 | school district shall not be required to certify to the State | ||||||
| 19 | Superintendent of Education, for the purpose of tuition | ||||||
| 20 | reimbursement, that the special education program of that | ||||||
| 21 | district is unable to meet the needs of a child because of his | ||||||
| 22 | or her disability.
| ||||||
| 23 | Any educational or related services provided, pursuant to | ||||||
| 24 | this
Section in a non-public school or special education | ||||||
| 25 | facility or a
special education facility owned and operated by | ||||||
| 26 | a county government
unit shall be at no cost to the parent or | ||||||
| |||||||
| |||||||
| 1 | guardian of the child.
However, current law and practices | ||||||
| 2 | relative to contributions by parents
or guardians for costs | ||||||
| 3 | other than educational or related services are
not affected by | ||||||
| 4 | this amendatory Act of 1978.
| ||||||
| 5 | Reimbursement for children attending public school | ||||||
| 6 | residential facilities
shall be made in accordance with the | ||||||
| 7 | provisions of this Section.
| ||||||
| 8 | Notwithstanding any other provision of law, any school | ||||||
| 9 | district
receiving a payment under this Section or under | ||||||
| 10 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
| 11 | all or a portion of the funds that
it receives in a particular | ||||||
| 12 | fiscal year or from general State aid pursuant
to Section | ||||||
| 13 | 18-8.05 of this Code
as funds received in connection with any | ||||||
| 14 | funding program for which
it is entitled to receive funds from | ||||||
| 15 | the State in that fiscal year (including,
without limitation, | ||||||
| 16 | any funding program referenced in this Section),
regardless of | ||||||
| 17 | the source or timing of the receipt. The district may not
| ||||||
| 18 | classify more funds as funds received in connection with the | ||||||
| 19 | funding
program than the district is entitled to receive in | ||||||
| 20 | that fiscal year for that
program. Any
classification by a | ||||||
| 21 | district must be made by a resolution of its board of
| ||||||
| 22 | education. The resolution must identify the amount of any | ||||||
| 23 | payments or
general State aid to be classified under this | ||||||
| 24 | paragraph and must specify
the funding program to which the | ||||||
| 25 | funds are to be treated as received in
connection therewith. | ||||||
| 26 | This resolution is controlling as to the
classification of | ||||||
| |||||||
| |||||||
| 1 | funds referenced therein. A certified copy of the
resolution | ||||||
| 2 | must be sent to the State Superintendent of Education.
The | ||||||
| 3 | resolution shall still take effect even though a copy of the | ||||||
| 4 | resolution has
not been sent to the State
Superintendent of | ||||||
| 5 | Education in a timely manner.
No
classification under this | ||||||
| 6 | paragraph by a district shall affect the total amount
or timing | ||||||
| 7 | of money the district is entitled to receive under this Code.
| ||||||
| 8 | No classification under this paragraph by a district shall
in | ||||||
| 9 | any way relieve the district from or affect any
requirements | ||||||
| 10 | that otherwise would apply with respect to
that funding | ||||||
| 11 | program, including any
accounting of funds by source, reporting | ||||||
| 12 | expenditures by
original source and purpose,
reporting | ||||||
| 13 | requirements,
or requirements of providing services.
| ||||||
| 14 | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; | ||||||
| 15 | revised 10-1-14.)
| ||||||
| 16 | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| ||||||
| 17 | Sec. 14-7.03. Special Education Classes for Children from | ||||||
| 18 | Orphanages,
Foster Family Homes, Children's Homes, or in State | ||||||
| 19 | Housing Units. If a
school district maintains special education | ||||||
| 20 | classes on the site of
orphanages and children's homes, or if | ||||||
| 21 | children from the orphanages,
children's homes, foster family | ||||||
| 22 | homes, other State agencies, or State
residential units for | ||||||
| 23 | children attend classes for children with disabilities
in which | ||||||
| 24 | the school district is a participating member of a joint
| ||||||
| 25 | agreement, or if the children from the orphanages, children's | ||||||
| |||||||
| |||||||
| 1 | homes,
foster family homes, other State agencies, or State | ||||||
| 2 | residential units
attend classes for the children with | ||||||
| 3 | disabilities maintained by the school
district, then | ||||||
| 4 | reimbursement shall be paid to eligible districts in
accordance | ||||||
| 5 | with the provisions of this Section by the Comptroller as | ||||||
| 6 | directed
by the State Superintendent of Education.
| ||||||
| 7 | The amount of tuition for such children shall be determined | ||||||
| 8 | by the
actual cost of maintaining such classes, using the per | ||||||
| 9 | capita cost formula
set forth in Section 14-7.01, such program | ||||||
| 10 | and cost to be pre-approved by
the State Superintendent of | ||||||
| 11 | Education.
| ||||||
| 12 | If a school district makes a claim for reimbursement under | ||||||
| 13 | Section
18-3 or 18-4 of this Act it shall not include in any | ||||||
| 14 | claim filed under
this Section a claim for such children. | ||||||
| 15 | Payments authorized by law,
including State or federal grants | ||||||
| 16 | for education of children included in
this Section, shall be | ||||||
| 17 | deducted in determining the tuition amount.
| ||||||
| 18 | Nothing in this Act shall be construed so as to prohibit
| ||||||
| 19 | reimbursement for the tuition of children placed in for profit | ||||||
| 20 | facilities.
Private facilities shall provide adequate space at | ||||||
| 21 | the
facility for special education classes provided by a school | ||||||
| 22 | district or
joint agreement for children with disabilities who | ||||||
| 23 | are
residents of the
facility at no cost to the school district | ||||||
| 24 | or joint agreement upon
request of the school district or joint | ||||||
| 25 | agreement. If such a private
facility provides space at no cost | ||||||
| 26 | to the district or joint agreement
for special education | ||||||
| |||||||
| |||||||
| 1 | classes provided to children with
disabilities who are
| ||||||
| 2 | residents of the facility, the district or joint agreement | ||||||
| 3 | shall not
include any costs for the use of those facilities in | ||||||
| 4 | its claim for
reimbursement.
| ||||||
| 5 | Reimbursement for tuition may include the cost of providing | ||||||
| 6 | summer
school programs for children with severe and profound | ||||||
| 7 | disabilities served
under this Section. Claims for that | ||||||
| 8 | reimbursement shall be filed by
November 1 and shall be paid on | ||||||
| 9 | or before December 15 from
appropriations made for the purposes | ||||||
| 10 | of this Section.
| ||||||
| 11 | The State Board of Education shall establish such rules and
| ||||||
| 12 | regulations as may be necessary to implement the provisions of | ||||||
| 13 | this
Section.
| ||||||
| 14 | Claims filed on behalf of programs operated under this | ||||||
| 15 | Section housed in a
jail, detention center, or county-owned | ||||||
| 16 | shelter care facility
shall be on an individual student basis | ||||||
| 17 | only for
eligible students with disabilities. These claims | ||||||
| 18 | shall be in accordance with
applicable rules.
| ||||||
| 19 | Each district claiming reimbursement for a program | ||||||
| 20 | operated as a group
program shall have an approved budget on | ||||||
| 21 | file with the State Board of
Education prior to the initiation | ||||||
| 22 | of the program's operation. On September
30, December 31, and | ||||||
| 23 | March 31, the State Board of Education shall voucher
payments | ||||||
| 24 | to group programs based upon the approved budget during the | ||||||
| 25 | year
of operation. Final claims for group payments shall be | ||||||
| 26 | filed on or before
July 15. Final claims for group programs | ||||||
| |||||||
| |||||||
| 1 | received at the State
Board of
Education on or before June 15 | ||||||
| 2 | shall be vouchered by June 30. Final claims
received at the | ||||||
| 3 | State Board of Education between June 16 and July 15
shall be | ||||||
| 4 | vouchered by August 30. Claims for group programs
received
| ||||||
| 5 | after July 15 shall not be honored.
| ||||||
| 6 | Each district claiming reimbursement for individual | ||||||
| 7 | students shall have the
eligibility of those students verified | ||||||
| 8 | by the State Board of Education. On
September 30, December 31, | ||||||
| 9 | and March 31, the State Board of Education shall
voucher | ||||||
| 10 | payments for individual students based upon an estimated cost
| ||||||
| 11 | calculated from the prior year's claim. Final claims for | ||||||
| 12 | individual students
for the regular school term must be | ||||||
| 13 | received at the State Board of Education by
July 15. Claims for | ||||||
| 14 | individual students received after July 15 shall not
be | ||||||
| 15 | honored. Final claims for individual students shall be | ||||||
| 16 | vouchered by
August 30.
| ||||||
| 17 | Reimbursement shall be made based upon approved group | ||||||
| 18 | programs or
individual students. The State Superintendent of | ||||||
| 19 | Education shall direct the
Comptroller to pay a specified | ||||||
| 20 | amount to the district by the 30th day of
September, December, | ||||||
| 21 | March, June, or August, respectively. However,
notwithstanding | ||||||
| 22 | any other provisions of this Section or the School Code,
| ||||||
| 23 | beginning with fiscal year 1994 and each fiscal year | ||||||
| 24 | thereafter, if the amount appropriated for any fiscal year
is | ||||||
| 25 | less than the amount required for purposes of this Section, the | ||||||
| 26 | amount
required to eliminate any insufficient reimbursement | ||||||
| |||||||
| |||||||
| 1 | for each district claim
under this Section shall be reimbursed | ||||||
| 2 | on August 30 of the next fiscal
year. Payments required to | ||||||
| 3 | eliminate any insufficiency for prior
fiscal year claims shall | ||||||
| 4 | be made before any claims are paid for the current
fiscal year.
| ||||||
| 5 | The claim of a school district otherwise eligible to be | ||||||
| 6 | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | ||||||
| 7 | school year but for
this amendatory Act of 1977 shall not be | ||||||
| 8 | paid unless the district ceases
to maintain such classes for | ||||||
| 9 | one entire school year.
| ||||||
| 10 | If a school district's current reimbursement payment for | ||||||
| 11 | the 1977-78
school year only is less than the prior year's | ||||||
| 12 | reimbursement payment
owed, the district shall be paid the | ||||||
| 13 | amount of the difference between
the payments in addition to | ||||||
| 14 | the current reimbursement payment, and the
amount so paid shall | ||||||
| 15 | be subtracted from the amount of prior year's
reimbursement | ||||||
| 16 | payment owed to the district.
| ||||||
| 17 | Regional superintendents may operate special education | ||||||
| 18 | classes for
children from orphanages, foster family homes, | ||||||
| 19 | children's homes or State
housing units located within the | ||||||
| 20 | educational services region upon consent
of the school board | ||||||
| 21 | otherwise so obligated. In electing to assume the
powers and | ||||||
| 22 | duties of a school district in providing and maintaining such a
| ||||||
| 23 | special education program, the regional superintendent may | ||||||
| 24 | enter into joint
agreements with other districts and may | ||||||
| 25 | contract with public or private
schools or the orphanage, | ||||||
| 26 | foster family home, children's home or State
housing unit for | ||||||
| |||||||
| |||||||
| 1 | provision of the special education program. The regional
| ||||||
| 2 | superintendent exercising the powers granted under this | ||||||
| 3 | Section shall claim
the reimbursement authorized by this | ||||||
| 4 | Section directly from the State Board
of Education.
| ||||||
| 5 | Any child who is not a resident of Illinois who is placed | ||||||
| 6 | in a child
welfare institution, private facility, foster family | ||||||
| 7 | home, State operated
program, orphanage or children's home | ||||||
| 8 | shall have the payment for his
educational tuition and any | ||||||
| 9 | related services assured by the placing agent.
| ||||||
| 10 | For each student with a disability disabled student who is | ||||||
| 11 | placed in a residential facility by an Illinois public
agency | ||||||
| 12 | or by any court in this State, the costs for educating the | ||||||
| 13 | student
are eligible for reimbursement under this Section.
| ||||||
| 14 | The district of residence of the student with a disability | ||||||
| 15 | disabled student as
defined in Section 14-1.11a is responsible | ||||||
| 16 | for the actual costs of
the student's special education program | ||||||
| 17 | and is eligible for reimbursement under
this Section when | ||||||
| 18 | placement is made by a State agency or the courts.
| ||||||
| 19 | When a dispute arises over the determination of the | ||||||
| 20 | district of
residence under this Section, the district or | ||||||
| 21 | districts may appeal the decision in writing to
the State | ||||||
| 22 | Superintendent of Education, who, upon review of materials | ||||||
| 23 | submitted and any other items or information he or she may | ||||||
| 24 | request for submission, shall issue a written decision on the | ||||||
| 25 | matter. The decision of the State
Superintendent of Education | ||||||
| 26 | shall be final.
| ||||||
| |||||||
| |||||||
| 1 | In the event a district does not make a tuition
payment to | ||||||
| 2 | another district that is providing the special education
| ||||||
| 3 | program and services, the State Board of Education shall | ||||||
| 4 | immediately
withhold 125% of
the then remaining annual tuition | ||||||
| 5 | cost from the State aid or categorical
aid payment due to the
| ||||||
| 6 | school district that is determined to be the resident school | ||||||
| 7 | district. All
funds withheld by the State Board of Education | ||||||
| 8 | shall immediately be
forwarded to the
school district where the | ||||||
| 9 | student is being served.
| ||||||
| 10 | When a child eligible for services under this Section | ||||||
| 11 | 14-7.03 must be
placed in a nonpublic facility, that facility | ||||||
| 12 | shall meet the programmatic
requirements of Section 14-7.02 and | ||||||
| 13 | its regulations, and the educational
services shall be funded | ||||||
| 14 | only in accordance with this Section 14-7.03.
| ||||||
| 15 | (Source: P.A. 98-739, eff. 7-16-14.)
| ||||||
| 16 | (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) | ||||||
| 17 | Sec. 14-8.01. Supervision of special education buildings | ||||||
| 18 | and
facilities. All special educational facilities, building | ||||||
| 19 | programs,
housing, and all educational programs for the types | ||||||
| 20 | of children with disabilities disabled children
defined in | ||||||
| 21 | Section 14-1.02 shall be under the
supervision of and
subject | ||||||
| 22 | to the approval of the State Board of Education.
| ||||||
| 23 | All special education facilities, building programs, and
| ||||||
| 24 | housing shall comply with the building code authorized by | ||||||
| 25 | Section 2-3.12.
| ||||||
| |||||||
| |||||||
| 1 | All educational programs for children
with disabilities as | ||||||
| 2 | defined in Section 14-1.02 administered by any State
agency | ||||||
| 3 | shall be under the general supervision of the State Board of
| ||||||
| 4 | Education. Such supervision shall be limited to insuring that | ||||||
| 5 | such
educational programs meet standards jointly developed and | ||||||
| 6 | agreed to by
both the State Board of Education and the | ||||||
| 7 | operating State agency,
including standards for educational | ||||||
| 8 | personnel.
| ||||||
| 9 | Any State agency providing special educational programs | ||||||
| 10 | for children with disabilities as defined in Section 14-1.02
| ||||||
| 11 | shall promulgate rules and regulations, in consultation with | ||||||
| 12 | the State
Board of Education and pursuant to the Illinois | ||||||
| 13 | Administrative Procedure
Act as now or hereafter amended, to | ||||||
| 14 | insure that all such programs comply
with this Section and | ||||||
| 15 | Section 14-8.02.
| ||||||
| 16 | No otherwise qualified child with a disability disabled | ||||||
| 17 | child receiving special
education
and related services under | ||||||
| 18 | Article 14 shall solely by reason of his or
her disability be | ||||||
| 19 | excluded from the participation in or be
denied the
benefits of | ||||||
| 20 | or be subjected to discrimination under any program or
activity | ||||||
| 21 | provided by a State agency.
| ||||||
| 22 | State agencies providing special education and related | ||||||
| 23 | services,
including room and board, either directly or through | ||||||
| 24 | grants or purchases
of services shall continue to provide these | ||||||
| 25 | services according to
current law and practice. Room and board | ||||||
| 26 | costs not provided by a State
agency other than the State Board | ||||||
| |||||||
| |||||||
| 1 | of Education shall be provided by the
State Board of Education | ||||||
| 2 | to the extent of available funds. An amount equal
to one-half | ||||||
| 3 | of the State
education agency's share of IDEA PART B federal | ||||||
| 4 | monies, or so
much thereof
as may actually be needed, shall | ||||||
| 5 | annually be appropriated to pay for the
additional costs of | ||||||
| 6 | providing for room and board for those children
placed pursuant | ||||||
| 7 | to Section 14-7.02 of this Code and, after all such
room and
| ||||||
| 8 | board costs are paid, for similar expenditures
for children | ||||||
| 9 | served pursuant to
Section 14-7.02 or 14-7.02b of this Code. | ||||||
| 10 | Any such excess
room and board funds must first be directed to | ||||||
| 11 | those school districts
with students costing in excess of 4 | ||||||
| 12 | times the district's per capita tuition
charge and then to
| ||||||
| 13 | community based programs that serve as alternatives to | ||||||
| 14 | residential
placements.
| ||||||
| 15 | Beginning with Fiscal Year 1997 and continuing through | ||||||
| 16 | Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 | ||||||
| 17 | federal funds shall be allocated
by
the State Board of | ||||||
| 18 | Education in the same manner as IDEA, PART B "flow through"
| ||||||
| 19 | funding to local school districts, joint agreements, and | ||||||
| 20 | special education
cooperatives for the maintenance of | ||||||
| 21 | instructional and related support services
to students with | ||||||
| 22 | disabilities.
However, beginning with Fiscal Year 1998, the | ||||||
| 23 | total IDEA Part B discretionary
funds available to the State | ||||||
| 24 | Board of Education shall not exceed the maximum
permissible | ||||||
| 25 | under federal law or 20% of the total federal funds available | ||||||
| 26 | to
the State, whichever is less. After
all room and board
| ||||||
| |||||||
| |||||||
| 1 | payments and similar
expenditures are made by the State Board | ||||||
| 2 | of Education as required by this
Section, the State Board of | ||||||
| 3 | Education may use the remaining funds for
administration and | ||||||
| 4 | for providing discretionary activities. However, the State
| ||||||
| 5 | Board of Education may use no more than 25% of its available | ||||||
| 6 | IDEA Part B
discretionary funds for administrative services.
| ||||||
| 7 | Special education and related services included in the | ||||||
| 8 | child's
individualized educational program which are not | ||||||
| 9 | provided by another
State agency shall be included in the | ||||||
| 10 | special education and related
services provided by the State | ||||||
| 11 | Board of Education and the local school
district.
| ||||||
| 12 | The State Board of Education with the advice of the | ||||||
| 13 | Advisory Council
shall prescribe the standards and make the | ||||||
| 14 | necessary rules and
regulations for special education programs | ||||||
| 15 | administered by local school
boards, including but not limited | ||||||
| 16 | to establishment of classes, training
requirements of teachers | ||||||
| 17 | and other professional personnel, eligibility
and admission of | ||||||
| 18 | pupils, the curriculum, class size limitation, building
| ||||||
| 19 | programs, housing, transportation, special equipment and | ||||||
| 20 | instructional
supplies, and the applications for claims for | ||||||
| 21 | reimbursement. The State
Board of Education shall promulgate | ||||||
| 22 | rules and regulations for annual
evaluations of the | ||||||
| 23 | effectiveness of all special education programs and
annual | ||||||
| 24 | evaluation by the local school district of the individualized
| ||||||
| 25 | educational program for each child for whom it provides special
| ||||||
| 26 | education services.
| ||||||
| |||||||
| |||||||
| 1 | A school district is responsible for the provision of | ||||||
| 2 | educational
services for all school age children residing | ||||||
| 3 | within its boundaries
excluding any student placed under the | ||||||
| 4 | provisions of Section 14-7.02 or any
student with a disability | ||||||
| 5 | disabled student whose parent or guardian lives outside of the | ||||||
| 6 | State of
Illinois as described in Section 14-1.11.
| ||||||
| 7 | (Source: P.A. 93-1022, eff. 8-24-04; 94-69, eff. 7-1-05.)
| ||||||
| 8 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| ||||||
| 9 | Sec. 14-8.02. Identification, Evaluation and Placement of | ||||||
| 10 | Children.
| ||||||
| 11 | (a) The State Board of Education shall make rules under | ||||||
| 12 | which local school
boards shall determine the eligibility of | ||||||
| 13 | children to receive special
education. Such rules shall ensure | ||||||
| 14 | that a free appropriate public
education be available to all | ||||||
| 15 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
| 16 | State Board of Education shall require local school
districts | ||||||
| 17 | to administer non-discriminatory procedures or tests to
| ||||||
| 18 | limited English proficiency students coming from homes in which | ||||||
| 19 | a language
other than English is used to determine their | ||||||
| 20 | eligibility to receive special
education. The placement of low | ||||||
| 21 | English proficiency students in special
education programs and | ||||||
| 22 | facilities shall be made in accordance with the test
results | ||||||
| 23 | reflecting the student's linguistic, cultural and special | ||||||
| 24 | education
needs. For purposes of determining the eligibility of | ||||||
| 25 | children the State
Board of Education shall include in the | ||||||
| |||||||
| |||||||
| 1 | rules definitions of "case study",
"staff conference", | ||||||
| 2 | "individualized educational program", and "qualified
| ||||||
| 3 | specialist" appropriate to each category of children with
| ||||||
| 4 | disabilities as defined in
this Article. For purposes of | ||||||
| 5 | determining the eligibility of children from
homes in which a | ||||||
| 6 | language other than English is used, the State Board of
| ||||||
| 7 | Education shall include in the rules
definitions for "qualified | ||||||
| 8 | bilingual specialists" and "linguistically and
culturally | ||||||
| 9 | appropriate individualized educational programs". For purposes | ||||||
| 10 | of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | ||||||
| 11 | 14-8.02c of this Code,
"parent" means a parent as defined in | ||||||
| 12 | the federal Individuals with Disabilities Education Act (20 | ||||||
| 13 | U.S.C. 1401(23)).
| ||||||
| 14 | (b) No child shall be eligible for special education | ||||||
| 15 | facilities except
with a carefully completed case study fully | ||||||
| 16 | reviewed by professional
personnel in a multidisciplinary | ||||||
| 17 | staff conference and only upon the
recommendation of qualified | ||||||
| 18 | specialists or a qualified bilingual specialist, if
available. | ||||||
| 19 | At the conclusion of the multidisciplinary staff conference, | ||||||
| 20 | the
parent of the child shall be given a copy of the | ||||||
| 21 | multidisciplinary
conference summary report and | ||||||
| 22 | recommendations, which includes options
considered, and be | ||||||
| 23 | informed of their right to obtain an independent educational
| ||||||
| 24 | evaluation if they disagree with the evaluation findings | ||||||
| 25 | conducted or obtained
by the school district. If the school | ||||||
| 26 | district's evaluation is shown to be
inappropriate, the school | ||||||
| |||||||
| |||||||
| 1 | district shall reimburse the parent for the cost of
the | ||||||
| 2 | independent evaluation. The State Board of Education shall, | ||||||
| 3 | with advice
from the State Advisory Council on Education of | ||||||
| 4 | Children with
Disabilities on the
inclusion of specific | ||||||
| 5 | independent educational evaluators, prepare a list of
| ||||||
| 6 | suggested independent educational evaluators. The State Board | ||||||
| 7 | of Education
shall include on the list clinical psychologists | ||||||
| 8 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
| 9 | Such psychologists shall not be paid fees
in excess of the | ||||||
| 10 | amount that would be received by a school psychologist for
| ||||||
| 11 | performing the same services. The State Board of Education | ||||||
| 12 | shall supply school
districts with such list and make the list | ||||||
| 13 | available to parents at their
request. School districts shall | ||||||
| 14 | make the list available to parents at the time
they are | ||||||
| 15 | informed of their right to obtain an independent educational
| ||||||
| 16 | evaluation. However, the school district may initiate an | ||||||
| 17 | impartial
due process hearing under this Section within 5 days | ||||||
| 18 | of any written parent
request for an independent educational | ||||||
| 19 | evaluation to show that
its evaluation is appropriate. If the | ||||||
| 20 | final decision is that the evaluation
is appropriate, the | ||||||
| 21 | parent still has a right to an independent educational
| ||||||
| 22 | evaluation, but not at public expense. An independent | ||||||
| 23 | educational
evaluation at public expense must be completed | ||||||
| 24 | within 30 days of a parent
written request unless the school | ||||||
| 25 | district initiates an
impartial due process hearing or the | ||||||
| 26 | parent or school district
offers reasonable grounds to show | ||||||
| |||||||
| |||||||
| 1 | that such 30 day time period should be
extended. If the due | ||||||
| 2 | process hearing decision indicates that the parent is entitled | ||||||
| 3 | to an independent educational evaluation, it must be
completed | ||||||
| 4 | within 30 days of the decision unless the parent or
the school | ||||||
| 5 | district offers reasonable grounds to show that such 30 day
| ||||||
| 6 | period should be extended. If a parent disagrees with the | ||||||
| 7 | summary report or
recommendations of the multidisciplinary | ||||||
| 8 | conference or the findings of any
educational evaluation which | ||||||
| 9 | results therefrom, the school
district shall not proceed with a | ||||||
| 10 | placement based upon such evaluation and
the child shall remain | ||||||
| 11 | in his or her regular classroom setting.
No child shall be | ||||||
| 12 | eligible for admission to a
special class for children with a | ||||||
| 13 | mental disability who are educable or for children with a | ||||||
| 14 | mental disability who are trainable the educable mentally | ||||||
| 15 | disabled or for the
trainable
mentally disabled except with a | ||||||
| 16 | psychological evaluation
and
recommendation by a school | ||||||
| 17 | psychologist. Consent shall be obtained from
the parent of a | ||||||
| 18 | child before any evaluation is conducted.
If consent is not | ||||||
| 19 | given by the parent or if the parent disagrees with the | ||||||
| 20 | findings of the evaluation, then the school
district may | ||||||
| 21 | initiate an impartial due process hearing under this Section.
| ||||||
| 22 | The school district may evaluate the child if that is the | ||||||
| 23 | decision
resulting from the impartial due process hearing and | ||||||
| 24 | the decision is not
appealed or if the decision is affirmed on | ||||||
| 25 | appeal.
The determination of eligibility shall be made and the | ||||||
| 26 | IEP meeting shall be completed within 60 school days
from the | ||||||
| |||||||
| |||||||
| 1 | date of written parental consent. In those instances when | ||||||
| 2 | written parental consent is obtained with fewer than 60 pupil | ||||||
| 3 | attendance days left in the school year,
the eligibility | ||||||
| 4 | determination shall be made and the IEP meeting shall be | ||||||
| 5 | completed prior to the first day of the
following school year. | ||||||
| 6 | Special education and related services must be provided in | ||||||
| 7 | accordance with the student's IEP no later than 10 school | ||||||
| 8 | attendance days after notice is provided to the parents | ||||||
| 9 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
| 10 | Regulations and implementing rules adopted by the State Board | ||||||
| 11 | of Education. The appropriate
program pursuant to the | ||||||
| 12 | individualized educational program of students
whose native | ||||||
| 13 | tongue is a language other than English shall reflect the
| ||||||
| 14 | special education, cultural and linguistic needs. No later than | ||||||
| 15 | September
1, 1993, the State Board of Education shall establish | ||||||
| 16 | standards for the
development, implementation and monitoring | ||||||
| 17 | of appropriate bilingual special
individualized educational | ||||||
| 18 | programs. The State Board of Education shall
further | ||||||
| 19 | incorporate appropriate monitoring procedures to verify | ||||||
| 20 | implementation
of these standards. The district shall indicate | ||||||
| 21 | to the parent and
the State Board of Education the nature of | ||||||
| 22 | the services the child will receive
for the regular school term | ||||||
| 23 | while waiting placement in the appropriate special
education | ||||||
| 24 | class.
| ||||||
| 25 | If the child is deaf, hard of hearing, blind, or visually | ||||||
| 26 | impaired and
he or she might be eligible to receive services | ||||||
| |||||||
| |||||||
| 1 | from the Illinois School for
the Deaf or the Illinois School | ||||||
| 2 | for the Visually Impaired, the school
district shall notify the | ||||||
| 3 | parents, in writing, of the existence of
these schools
and the | ||||||
| 4 | services
they provide and shall make a reasonable effort to | ||||||
| 5 | inform the parents of the existence of other, local schools | ||||||
| 6 | that provide similar services and the services that these other | ||||||
| 7 | schools provide. This notification
shall
include without | ||||||
| 8 | limitation information on school services, school
admissions | ||||||
| 9 | criteria, and school contact information.
| ||||||
| 10 | In the development of the individualized education program | ||||||
| 11 | for a student who has a disability on the autism spectrum | ||||||
| 12 | (which includes autistic disorder, Asperger's disorder, | ||||||
| 13 | pervasive developmental disorder not otherwise specified, | ||||||
| 14 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
| 15 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
| 16 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
| 17 | consider all of the following factors: | ||||||
| 18 | (1) The verbal and nonverbal communication needs of the | ||||||
| 19 | child. | ||||||
| 20 | (2) The need to develop social interaction skills and | ||||||
| 21 | proficiencies. | ||||||
| 22 | (3) The needs resulting from the child's unusual | ||||||
| 23 | responses to sensory experiences. | ||||||
| 24 | (4) The needs resulting from resistance to | ||||||
| 25 | environmental change or change in daily routines. | ||||||
| 26 | (5) The needs resulting from engagement in repetitive | ||||||
| |||||||
| |||||||
| 1 | activities and stereotyped movements. | ||||||
| 2 | (6) The need for any positive behavioral | ||||||
| 3 | interventions, strategies, and supports to address any | ||||||
| 4 | behavioral difficulties resulting from autism spectrum | ||||||
| 5 | disorder. | ||||||
| 6 | (7) Other needs resulting from the child's disability | ||||||
| 7 | that impact progress in the general curriculum, including | ||||||
| 8 | social and emotional development. | ||||||
| 9 | Public Act 95-257
does not create any new entitlement to a | ||||||
| 10 | service, program, or benefit, but must not affect any | ||||||
| 11 | entitlement to a service, program, or benefit created by any | ||||||
| 12 | other law.
| ||||||
| 13 | If the student may be eligible to participate in the | ||||||
| 14 | Home-Based Support
Services Program for Adults with Mental | ||||||
| 15 | Disabilities Mentally Disabled Adults authorized under the
| ||||||
| 16 | Developmental Disability and Mental Disability Services Act | ||||||
| 17 | upon becoming an
adult, the student's individualized education | ||||||
| 18 | program shall include plans for
(i) determining the student's | ||||||
| 19 | eligibility for those home-based services, (ii)
enrolling the | ||||||
| 20 | student in the program of home-based services, and (iii)
| ||||||
| 21 | developing a plan for the student's most effective use of the | ||||||
| 22 | home-based
services after the student becomes an adult and no | ||||||
| 23 | longer receives special
educational services under this | ||||||
| 24 | Article. The plans developed under this
paragraph shall include | ||||||
| 25 | specific actions to be taken by specified individuals,
| ||||||
| 26 | agencies, or officials.
| ||||||
| |||||||
| |||||||
| 1 | (c) In the development of the individualized education | ||||||
| 2 | program for a
student who is functionally blind, it shall be | ||||||
| 3 | presumed that proficiency in
Braille reading and writing is | ||||||
| 4 | essential for the student's satisfactory
educational progress. | ||||||
| 5 | For purposes of this subsection, the State Board of
Education | ||||||
| 6 | shall determine the criteria for a student to be classified as
| ||||||
| 7 | functionally blind. Students who are not currently identified | ||||||
| 8 | as
functionally blind who are also entitled to Braille | ||||||
| 9 | instruction include:
(i) those whose vision loss is so severe | ||||||
| 10 | that they are unable to read and
write at a level comparable to | ||||||
| 11 | their peers solely through the use of
vision, and (ii) those | ||||||
| 12 | who show evidence of progressive vision loss that
may result in | ||||||
| 13 | functional blindness. Each student who is functionally blind
| ||||||
| 14 | shall be entitled to Braille reading and writing instruction | ||||||
| 15 | that is
sufficient to enable the student to communicate with | ||||||
| 16 | the same level of
proficiency as other students of comparable | ||||||
| 17 | ability. Instruction should be
provided to the extent that the | ||||||
| 18 | student is physically and cognitively able
to use Braille. | ||||||
| 19 | Braille instruction may be used in combination with other
| ||||||
| 20 | special education services appropriate to the student's | ||||||
| 21 | educational needs.
The assessment of each student who is | ||||||
| 22 | functionally blind for the purpose of
developing the student's | ||||||
| 23 | individualized education program shall include
documentation | ||||||
| 24 | of the student's strengths and weaknesses in Braille skills.
| ||||||
| 25 | Each person assisting in the development of the individualized | ||||||
| 26 | education
program for a student who is functionally blind shall | ||||||
| |||||||
| |||||||
| 1 | receive information
describing the benefits of Braille | ||||||
| 2 | instruction. The individualized
education program for each | ||||||
| 3 | student who is functionally blind shall
specify the appropriate | ||||||
| 4 | learning medium or media based on the assessment
report.
| ||||||
| 5 | (d) To the maximum extent appropriate, the placement shall | ||||||
| 6 | provide the
child with the opportunity to be educated with | ||||||
| 7 | children who do not have a disability are not
disabled; | ||||||
| 8 | provided that children with
disabilities who are recommended to | ||||||
| 9 | be
placed into regular education classrooms are provided with | ||||||
| 10 | supplementary
services to assist the children with | ||||||
| 11 | disabilities to benefit
from the regular
classroom instruction | ||||||
| 12 | and are included on the teacher's regular education class
| ||||||
| 13 | register. Subject to the limitation of the preceding sentence, | ||||||
| 14 | placement in
special classes, separate schools or other removal | ||||||
| 15 | of the child with a disability disabled child
from the regular | ||||||
| 16 | educational environment shall occur only when the nature of
the | ||||||
| 17 | severity of the disability is such that education in the
| ||||||
| 18 | regular classes with
the use of supplementary aids and services | ||||||
| 19 | cannot be achieved satisfactorily.
The placement of limited | ||||||
| 20 | English proficiency students with disabilities shall
be in | ||||||
| 21 | non-restrictive environments which provide for integration | ||||||
| 22 | with
non-disabled peers who do not have disabilities in | ||||||
| 23 | bilingual classrooms. Annually, each January, school districts | ||||||
| 24 | shall report data on students from non-English
speaking | ||||||
| 25 | backgrounds receiving special education and related services | ||||||
| 26 | in
public and private facilities as prescribed in Section | ||||||
| |||||||
| |||||||
| 1 | 2-3.30. If there
is a disagreement between parties involved | ||||||
| 2 | regarding the special education
placement of any child, either | ||||||
| 3 | in-state or out-of-state, the placement is
subject to impartial | ||||||
| 4 | due process procedures described in Article 10 of the
Rules and | ||||||
| 5 | Regulations to Govern the Administration and Operation of | ||||||
| 6 | Special
Education.
| ||||||
| 7 | (e) No child who comes from a home in which a language | ||||||
| 8 | other than English
is the principal language used may be | ||||||
| 9 | assigned to any class or program
under this Article until he | ||||||
| 10 | has been given, in the principal language
used by the child and | ||||||
| 11 | used in his home, tests reasonably related to his
cultural | ||||||
| 12 | environment. All testing and evaluation materials and | ||||||
| 13 | procedures
utilized for evaluation and placement shall not be | ||||||
| 14 | linguistically, racially or
culturally discriminatory.
| ||||||
| 15 | (f) Nothing in this Article shall be construed to require | ||||||
| 16 | any child to
undergo any physical examination or medical | ||||||
| 17 | treatment whose parents object thereto on the grounds that such | ||||||
| 18 | examination or
treatment conflicts with his religious beliefs.
| ||||||
| 19 | (g) School boards or their designee shall provide to the | ||||||
| 20 | parents of a child prior written notice of any decision (a) | ||||||
| 21 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
| 22 | change, the
identification, evaluation, or educational | ||||||
| 23 | placement of the child or the
provision of a free appropriate | ||||||
| 24 | public education to their child, and the
reasons therefor. Such | ||||||
| 25 | written notification shall also inform the
parent of the | ||||||
| 26 | opportunity to present complaints with respect
to any matter | ||||||
| |||||||
| |||||||
| 1 | relating to the educational placement of the student, or
the | ||||||
| 2 | provision of a free appropriate public education and to have an
| ||||||
| 3 | impartial due process hearing on the complaint. The notice | ||||||
| 4 | shall inform
the parents in the parents' native language,
| ||||||
| 5 | unless it is clearly not feasible to do so, of their rights and | ||||||
| 6 | all
procedures available pursuant to this Act and the federal | ||||||
| 7 | Individuals with Disabilities Education Improvement Act of | ||||||
| 8 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
| 9 | the State Superintendent to develop
uniform notices setting | ||||||
| 10 | forth the procedures available under this Act
and the federal | ||||||
| 11 | Individuals with Disabilities Education Improvement Act of | ||||||
| 12 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
| 13 | notice
shall also inform the parents of the availability upon
| ||||||
| 14 | request of a list of free or low-cost legal and other relevant | ||||||
| 15 | services
available locally to assist parents in initiating an
| ||||||
| 16 | impartial due process hearing. Any parent who is deaf, or
does | ||||||
| 17 | not normally communicate using spoken English, who | ||||||
| 18 | participates in
a meeting with a representative of a local | ||||||
| 19 | educational agency for the
purposes of developing an | ||||||
| 20 | individualized educational program shall be
entitled to the | ||||||
| 21 | services of an interpreter.
| ||||||
| 22 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
| 23 | professional" means an individual who holds credentials to | ||||||
| 24 | evaluate the child in the domain or domains for which an | ||||||
| 25 | evaluation is sought or an intern working under the direct | ||||||
| 26 | supervision of a qualified professional, including a master's | ||||||
| |||||||
| |||||||
| 1 | or doctoral degree candidate. | ||||||
| 2 | To ensure that a parent can participate fully and | ||||||
| 3 | effectively with school personnel in the development of | ||||||
| 4 | appropriate educational and related services for his or her | ||||||
| 5 | child, the parent, an independent educational evaluator, or a | ||||||
| 6 | qualified professional retained by or on behalf of a parent or | ||||||
| 7 | child must be afforded reasonable access to educational | ||||||
| 8 | facilities, personnel, classrooms, and buildings and to the | ||||||
| 9 | child as provided in this subsection (g-5). The requirements of | ||||||
| 10 | this subsection (g-5) apply to any public school facility, | ||||||
| 11 | building, or program and to any facility, building, or program | ||||||
| 12 | supported in whole or in part by public funds. Prior to | ||||||
| 13 | visiting a school, school building, or school facility, the | ||||||
| 14 | parent, independent educational evaluator, or qualified | ||||||
| 15 | professional may be required by the school district to inform | ||||||
| 16 | the building principal or supervisor in writing of the proposed | ||||||
| 17 | visit, the purpose of the visit, and the approximate duration | ||||||
| 18 | of the visit. The visitor and the school district shall arrange | ||||||
| 19 | the visit or visits at times that are mutually agreeable. | ||||||
| 20 | Visitors shall comply with school safety, security, and | ||||||
| 21 | visitation policies at all times. School district visitation | ||||||
| 22 | policies must not conflict with this subsection (g-5). Visitors | ||||||
| 23 | shall be required to comply with the requirements of applicable | ||||||
| 24 | privacy laws, including those laws protecting the | ||||||
| 25 | confidentiality of education records such as the federal Family | ||||||
| 26 | Educational Rights and Privacy Act and the Illinois School | ||||||
| |||||||
| |||||||
| 1 | Student Records Act. The visitor shall not disrupt the | ||||||
| 2 | educational process. | ||||||
| 3 | (1) A parent must be afforded reasonable access of | ||||||
| 4 | sufficient duration and scope for the purpose of observing | ||||||
| 5 | his or her child in the child's current educational | ||||||
| 6 | placement, services, or program or for the purpose of | ||||||
| 7 | visiting an educational placement or program proposed for | ||||||
| 8 | the child. | ||||||
| 9 | (2) An independent educational evaluator or a | ||||||
| 10 | qualified professional retained by or on behalf of a parent | ||||||
| 11 | or child must be afforded reasonable access of sufficient | ||||||
| 12 | duration and scope for the purpose of conducting an | ||||||
| 13 | evaluation of the child, the child's performance, the | ||||||
| 14 | child's current educational program, placement, services, | ||||||
| 15 | or environment, or any educational program, placement, | ||||||
| 16 | services, or environment proposed for the child, including | ||||||
| 17 | interviews of educational personnel, child observations, | ||||||
| 18 | assessments, tests or assessments of the child's | ||||||
| 19 | educational program, services, or placement or of any | ||||||
| 20 | proposed educational program, services, or placement. If | ||||||
| 21 | one or more interviews of school personnel are part of the | ||||||
| 22 | evaluation, the interviews must be conducted at a mutually | ||||||
| 23 | agreed upon time, date, and place that do not interfere | ||||||
| 24 | with the school employee's school duties. The school | ||||||
| 25 | district may limit interviews to personnel having | ||||||
| 26 | information relevant to the child's current educational | ||||||
| |||||||
| |||||||
| 1 | services, program, or placement or to a proposed | ||||||
| 2 | educational service, program, or placement. | ||||||
| 3 | (h) (Blank).
| ||||||
| 4 | (i) (Blank).
| ||||||
| 5 | (j) (Blank).
| ||||||
| 6 | (k) (Blank).
| ||||||
| 7 | (l) (Blank).
| ||||||
| 8 | (m) (Blank).
| ||||||
| 9 | (n) (Blank).
| ||||||
| 10 | (o) (Blank).
| ||||||
| 11 | (Source: P.A. 98-219, eff. 8-9-13.)
| ||||||
| 12 | (105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
| ||||||
| 13 | Sec. 14-8.04. Supported employment. The school board that | ||||||
| 14 | is the
governing body of any secondary school in this State | ||||||
| 15 | that provides special
education services and facilities for | ||||||
| 16 | children with
disabilities shall include,
as part of preparing | ||||||
| 17 | the transition planning for children with disabilities | ||||||
| 18 | disabled children who are
16 years of age or more, | ||||||
| 19 | consideration of a supported employment component
with | ||||||
| 20 | experiences in integrated community settings for those | ||||||
| 21 | eligible children
with disabilities who have been determined at | ||||||
| 22 | an
IEP meeting to be in
need of participation in the supported | ||||||
| 23 | employment services offered pursuant
to this Section.
| ||||||
| 24 | Supported employment services made available as part of | ||||||
| 25 | transition
planning under this Section shall be designed and | ||||||
| |||||||
| |||||||
| 1 | developed for school
boards by the State Board of Education, in | ||||||
| 2 | consultation with programs such
as Project CHOICES (Children | ||||||
| 3 | Have Opportunities In Integrated Community
Environments), | ||||||
| 4 | parents and advocates of children with disabilities, and the
| ||||||
| 5 | Departments of Central Management Services and Human
Services.
| ||||||
| 6 | (Source: P.A. 98-44, eff. 6-28-13.)
| ||||||
| 7 | (105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
| ||||||
| 8 | Sec. 14-11.01.
Educational materials coordinating
unit. | ||||||
| 9 | The State Board
of Education shall maintain or contract for an | ||||||
| 10 | educational materials
coordinating
unit for children with | ||||||
| 11 | disabilities to provide:
| ||||||
| 12 | (1) Staff and resources for the coordination, cataloging, | ||||||
| 13 | standardizing,
production, procurement, storage, and | ||||||
| 14 | distribution of educational materials
needed by children with | ||||||
| 15 | visual disabilities visually disabled children and adults with
| ||||||
| 16 | disabilities.
| ||||||
| 17 | (2) Staff and resources of an instructional materials | ||||||
| 18 | center to include
library, audio-visual, programmed, and other | ||||||
| 19 | types of instructional materials
peculiarly adapted to the | ||||||
| 20 | instruction of pupils with
disabilities.
| ||||||
| 21 | The educational materials coordinating unit shall have as | ||||||
| 22 | its major purpose
the improvement of instructional programs for | ||||||
| 23 | children with
disabilities and the
in-service training of all | ||||||
| 24 | professional personnel associated with programs
of special | ||||||
| 25 | education and to these ends is authorized to operate under | ||||||
| |||||||
| |||||||
| 1 | rules
and regulations of the State Board of Education with the | ||||||
| 2 | advice of the Advisory
Council.
| ||||||
| 3 | (Source: P.A. 89-397, eff. 8-20-95.)
| ||||||
| 4 | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) | ||||||
| 5 | Sec. 17-2.11. School board power to levy a tax or to borrow | ||||||
| 6 | money and
issue bonds for fire prevention, safety, energy | ||||||
| 7 | conservation, disabled
accessibility, school security, and | ||||||
| 8 | specified repair purposes. | ||||||
| 9 | (a) Whenever, as a
result of any lawful order of any | ||||||
| 10 | agency,
other than a school board, having authority to enforce | ||||||
| 11 | any school building code
applicable to any facility that houses | ||||||
| 12 | students, or any law or regulation for
the protection and | ||||||
| 13 | safety of the environment, pursuant to the Environmental
| ||||||
| 14 | Protection Act, any school district having a population of less | ||||||
| 15 | than 500,000
inhabitants is required to alter or reconstruct | ||||||
| 16 | any school building or
permanent, fixed equipment; the district | ||||||
| 17 | may, by proper resolution, levy a tax for the purpose of making | ||||||
| 18 | such alteration or reconstruction, based on a survey report by | ||||||
| 19 | an architect or engineer licensed in this State, upon all of | ||||||
| 20 | the taxable property of the district at the value as assessed | ||||||
| 21 | by the Department of Revenue and at a rate not to exceed 0.05% | ||||||
| 22 | per year for a period sufficient to finance such alteration or | ||||||
| 23 | reconstruction, upon the following conditions: | ||||||
| 24 | (1) When there are not sufficient funds available in | ||||||
| 25 | the operations and maintenance fund of the school district, | ||||||
| |||||||
| |||||||
| 1 | the school facility occupation tax fund of the district, or | ||||||
| 2 | the fire prevention and safety fund of the district, as | ||||||
| 3 | determined by the district on the basis of rules adopted by | ||||||
| 4 | the State Board of Education, to make such alteration or | ||||||
| 5 | reconstruction or to purchase and install such permanent, | ||||||
| 6 | fixed equipment so ordered or determined as necessary. | ||||||
| 7 | Appropriate school district records must be made available | ||||||
| 8 | to the State Superintendent of Education, upon request, to | ||||||
| 9 | confirm this insufficiency. | ||||||
| 10 | (2) When a certified estimate of an architect or | ||||||
| 11 | engineer licensed in this State stating the estimated | ||||||
| 12 | amount necessary to make the alteration or reconstruction | ||||||
| 13 | or to purchase and install the equipment so ordered has | ||||||
| 14 | been secured by the school district, and the estimate has | ||||||
| 15 | been approved by the regional superintendent of schools | ||||||
| 16 | having jurisdiction over the district and the State | ||||||
| 17 | Superintendent of Education. Approval must not be granted | ||||||
| 18 | for any work that has already started without the prior | ||||||
| 19 | express authorization of the State Superintendent of | ||||||
| 20 | Education. If the estimate is not approved or is denied | ||||||
| 21 | approval by the regional superintendent of schools within 3 | ||||||
| 22 | months after the date on which it is submitted to him or | ||||||
| 23 | her, the school board of the district may submit the | ||||||
| 24 | estimate directly to the State Superintendent of Education | ||||||
| 25 | for approval or denial. | ||||||
| 26 | In the case of an emergency situation, where the estimated | ||||||
| |||||||
| |||||||
| 1 | cost to effectuate emergency repairs is less than the amount | ||||||
| 2 | specified in Section 10-20.21 of this Code, the school district | ||||||
| 3 | may proceed with such repairs prior to approval by the State | ||||||
| 4 | Superintendent of Education, but shall comply with the | ||||||
| 5 | provisions of subdivision (2) of this subsection (a) as soon | ||||||
| 6 | thereafter as may be as well as Section 10-20.21 of this Code. | ||||||
| 7 | If the estimated cost to effectuate emergency repairs is | ||||||
| 8 | greater than the amount specified in Section 10-20.21 of this | ||||||
| 9 | Code, then the school district shall proceed in conformity with | ||||||
| 10 | Section 10-20.21 of this Code and with rules established by the | ||||||
| 11 | State Board of Education to address such situations. The rules | ||||||
| 12 | adopted by the State Board of Education to deal with these | ||||||
| 13 | situations shall stipulate that emergency situations must be | ||||||
| 14 | expedited and given priority consideration. For purposes of | ||||||
| 15 | this paragraph, an emergency is a situation that presents an | ||||||
| 16 | imminent and continuing threat to the health and safety of | ||||||
| 17 | students or other occupants of a facility, requires complete or | ||||||
| 18 | partial evacuation of a building or part of a building, or | ||||||
| 19 | consumes one or more of the 5 emergency days built into the | ||||||
| 20 | adopted calendar of the school or schools or would otherwise be | ||||||
| 21 | expected to cause such school or schools to fall short of the | ||||||
| 22 | minimum school calendar requirements. | ||||||
| 23 | (b) Whenever any such district determines that
it is | ||||||
| 24 | necessary for energy conservation purposes that any school | ||||||
| 25 | building
or permanent, fixed equipment should be altered or | ||||||
| 26 | reconstructed and
that such alterations or reconstruction will | ||||||
| |||||||
| |||||||
| 1 | be made with funds not necessary
for the completion of approved | ||||||
| 2 | and recommended projects contained in any safety
survey report | ||||||
| 3 | or amendments thereto authorized by Section 2-3.12 of this Act; | ||||||
| 4 | the district may levy a tax or issue bonds as provided in | ||||||
| 5 | subsection (a) of this Section. | ||||||
| 6 | (c) Whenever
any such district determines that it is | ||||||
| 7 | necessary for disabled accessibility purposes and to comply | ||||||
| 8 | with the school building
code that any
school building or | ||||||
| 9 | equipment should be altered or reconstructed and that such
| ||||||
| 10 | alterations or reconstruction will be made with
funds not | ||||||
| 11 | necessary for the completion of approved and recommended | ||||||
| 12 | projects
contained in any safety survey report or amendments | ||||||
| 13 | thereto authorized under
Section 2-3.12 of this Act, the | ||||||
| 14 | district may levy a tax or issue bonds as provided in | ||||||
| 15 | subsection (a) of this Section. | ||||||
| 16 | (d) Whenever any such district determines that it is
| ||||||
| 17 | necessary for school
security purposes and the related | ||||||
| 18 | protection and safety of pupils and school
personnel that any | ||||||
| 19 | school building or property should be altered or
reconstructed | ||||||
| 20 | or that security systems and equipment (including but not | ||||||
| 21 | limited
to intercom, early detection and warning, access | ||||||
| 22 | control and television
monitoring systems) should be purchased | ||||||
| 23 | and installed, and that such
alterations, reconstruction or | ||||||
| 24 | purchase and installation of equipment will be
made with funds | ||||||
| 25 | not necessary for the completion of approved and recommended
| ||||||
| 26 | projects contained in any safety survey report or amendment | ||||||
| |||||||
| |||||||
| 1 | thereto authorized
by Section 2-3.12 of this Act and will deter | ||||||
| 2 | and prevent unauthorized entry or
activities upon school | ||||||
| 3 | property by unknown or dangerous persons, assure early
| ||||||
| 4 | detection and advance warning of any such actual or attempted | ||||||
| 5 | unauthorized
entry or activities and help assure the continued | ||||||
| 6 | safety of pupils and school
staff if any such unauthorized | ||||||
| 7 | entry or activity is attempted or occurs;
the district may levy | ||||||
| 8 | a tax or issue bonds as provided in subsection (a) of this | ||||||
| 9 | Section. | ||||||
| 10 | (e) If a school district does not need funds for other fire | ||||||
| 11 | prevention and
safety projects, including the completion of | ||||||
| 12 | approved and recommended projects
contained in any safety | ||||||
| 13 | survey report or amendments thereto authorized by
Section | ||||||
| 14 | 2-3.12 of this Act, and it is determined after a public hearing | ||||||
| 15 | (which
is preceded by at least one published notice (i) | ||||||
| 16 | occurring at least 7 days
prior to the hearing in a newspaper | ||||||
| 17 | of general circulation within the school
district and (ii) | ||||||
| 18 | setting forth the time, date, place, and general subject
matter | ||||||
| 19 | of the hearing) that there is a
substantial, immediate, and | ||||||
| 20 | otherwise unavoidable threat to the health, safety,
or welfare | ||||||
| 21 | of pupils due to disrepair of school sidewalks, playgrounds, | ||||||
| 22 | parking
lots, or school bus turnarounds and repairs must be | ||||||
| 23 | made; then the district may levy a tax or issue bonds as | ||||||
| 24 | provided in subsection (a) of this Section. | ||||||
| 25 | (f) For purposes of this Section a school district may | ||||||
| 26 | replace a school
building or build additions to replace | ||||||
| |||||||
| |||||||
| 1 | portions of a building when it is
determined that the | ||||||
| 2 | effectuation of the recommendations for the existing
building | ||||||
| 3 | will cost more than the replacement costs. Such determination | ||||||
| 4 | shall
be based on a comparison of estimated costs made by an | ||||||
| 5 | architect or engineer
licensed in the State of Illinois. The | ||||||
| 6 | new building or addition shall be
equivalent in area (square | ||||||
| 7 | feet) and comparable in purpose and grades served
and may be on | ||||||
| 8 | the same site or another site. Such replacement may only be | ||||||
| 9 | done
upon order of the regional superintendent of schools and | ||||||
| 10 | the approval of the
State Superintendent of Education. | ||||||
| 11 | (g) The filing of a certified copy of the resolution | ||||||
| 12 | levying the tax when
accompanied by the certificates of the | ||||||
| 13 | regional superintendent of schools and
State Superintendent of | ||||||
| 14 | Education shall be the authority of the county clerk to
extend | ||||||
| 15 | such tax. | ||||||
| 16 | (h) The county clerk of the county in which any school | ||||||
| 17 | district levying a
tax under the authority of this Section is | ||||||
| 18 | located, in reducing raised
levies, shall not consider any such | ||||||
| 19 | tax as a part of the general levy
for school purposes and shall | ||||||
| 20 | not include the same in the limitation of
any other tax rate | ||||||
| 21 | which may be extended. | ||||||
| 22 | Such tax shall be levied and collected in like manner as | ||||||
| 23 | all other
taxes of school districts, subject to the provisions | ||||||
| 24 | contained in this Section. | ||||||
| 25 | (i) The tax rate limit specified in this Section may be | ||||||
| 26 | increased to .10%
upon the approval of a proposition to effect | ||||||
| |||||||
| |||||||
| 1 | such increase by a majority
of the electors voting on that | ||||||
| 2 | proposition at a regular scheduled election.
Such proposition | ||||||
| 3 | may be initiated by resolution of the school board and
shall be | ||||||
| 4 | certified by the secretary to the proper election authorities | ||||||
| 5 | for
submission in accordance with the general election law. | ||||||
| 6 | (j) When taxes are levied by any school district for fire | ||||||
| 7 | prevention,
safety, energy conservation, and school security | ||||||
| 8 | purposes as specified in this
Section, and the purposes for | ||||||
| 9 | which the taxes have been
levied are accomplished and paid in | ||||||
| 10 | full, and there remain funds on hand in
the Fire Prevention and | ||||||
| 11 | Safety Fund from the proceeds of the taxes levied,
including | ||||||
| 12 | interest earnings thereon, the school board by resolution shall | ||||||
| 13 | use
such excess and other board restricted funds, excluding | ||||||
| 14 | bond proceeds and
earnings from such proceeds, as follows: | ||||||
| 15 | (1) for other authorized fire prevention,
safety, | ||||||
| 16 | energy conservation, and school security purposes and for | ||||||
| 17 | required safety inspections;
or | ||||||
| 18 | (2) for transfer to the Operations and Maintenance Fund
| ||||||
| 19 | for the purpose of abating an equal amount of operations | ||||||
| 20 | and maintenance
purposes taxes. | ||||||
| 21 | Notwithstanding subdivision (2) of this subsection (j) and | ||||||
| 22 | subsection (k) of this Section, through June 30, 2016, the | ||||||
| 23 | school board
may, by proper resolution following a public | ||||||
| 24 | hearing set by the
school board or the president of the school | ||||||
| 25 | board (that is
preceded (i) by at least one published notice | ||||||
| 26 | over the name of
the clerk or secretary of the board, occurring | ||||||
| |||||||
| |||||||
| 1 | at least 7 days
and not more than 30 days prior to the hearing, | ||||||
| 2 | in a newspaper
of general circulation within the school | ||||||
| 3 | district and (ii) by
posted notice over the name of the clerk | ||||||
| 4 | or secretary of the
board, at least 48 hours before the | ||||||
| 5 | hearing, at the principal
office of the school board or at the | ||||||
| 6 | building where the hearing
is to be held if a principal office | ||||||
| 7 | does not exist, with both
notices setting forth the time, date, | ||||||
| 8 | place, and subject matter
of the hearing), transfer surplus | ||||||
| 9 | life safety taxes and interest earnings thereon to the | ||||||
| 10 | Operations and Maintenance Fund for building repair work. | ||||||
| 11 | (k) If any transfer is made to the Operation and | ||||||
| 12 | Maintenance
Fund, the secretary of the school board shall | ||||||
| 13 | within 30 days notify
the county clerk of the amount of that | ||||||
| 14 | transfer and direct the clerk to
abate the taxes to be extended | ||||||
| 15 | for the purposes of operations and
maintenance authorized under | ||||||
| 16 | Section 17-2 of this Act by an amount equal
to such transfer. | ||||||
| 17 | (l) If the proceeds from the tax levy authorized by this
| ||||||
| 18 | Section are insufficient to complete the work approved under | ||||||
| 19 | this
Section, the school board is authorized to sell bonds | ||||||
| 20 | without referendum
under the provisions of this Section in an | ||||||
| 21 | amount that, when added to the
proceeds of the tax levy | ||||||
| 22 | authorized by this Section, will allow completion
of the | ||||||
| 23 | approved work. | ||||||
| 24 | (m) Any bonds issued pursuant to this Section shall bear | ||||||
| 25 | interest at a rate not to exceed the maximum rate
authorized by | ||||||
| 26 | law at the time of the making of the contract, shall mature
| ||||||
| |||||||
| |||||||
| 1 | within 20 years from date, and shall be signed by the president | ||||||
| 2 | of the school
board and the treasurer of the school district. | ||||||
| 3 | (n) In order to authorize and issue such bonds, the school | ||||||
| 4 | board shall adopt
a resolution fixing the amount of bonds, the | ||||||
| 5 | date thereof, the maturities
thereof, rates of interest | ||||||
| 6 | thereof, place of payment and denomination,
which shall be in | ||||||
| 7 | denominations of not less than $100 and not more than
$5,000, | ||||||
| 8 | and provide for the levy and collection of a direct annual tax | ||||||
| 9 | upon
all the taxable property in the school district sufficient | ||||||
| 10 | to pay the
principal and interest on such bonds to maturity. | ||||||
| 11 | Upon the filing in the
office of the county clerk of the county | ||||||
| 12 | in which the school district is
located of a certified copy of | ||||||
| 13 | the resolution, it is the duty of the
county clerk to extend | ||||||
| 14 | the tax therefor in addition to and in excess of all
other | ||||||
| 15 | taxes heretofore or hereafter authorized to be
levied by such | ||||||
| 16 | school district. | ||||||
| 17 | (o) After the time such bonds are issued as provided for by | ||||||
| 18 | this Section, if
additional alterations or reconstructions are | ||||||
| 19 | required to be made because
of surveys conducted by an | ||||||
| 20 | architect or engineer licensed in the State of
Illinois, the | ||||||
| 21 | district may levy a tax at a rate not to exceed .05% per year
| ||||||
| 22 | upon all the taxable property of the district or issue | ||||||
| 23 | additional bonds,
whichever action shall be the most feasible. | ||||||
| 24 | (p) This Section is cumulative and constitutes complete | ||||||
| 25 | authority for the
issuance of bonds as provided in this Section | ||||||
| 26 | notwithstanding any other
statute or law to the contrary. | ||||||
| |||||||
| |||||||
| 1 | (q) With respect to instruments for the payment of money | ||||||
| 2 | issued under this
Section either before, on, or after the | ||||||
| 3 | effective date of Public Act 86-004
(June 6, 1989), it is, and | ||||||
| 4 | always has been, the intention of the General
Assembly (i) that | ||||||
| 5 | the Omnibus Bond Acts are, and always have been,
supplementary | ||||||
| 6 | grants of power to issue instruments in accordance with the
| ||||||
| 7 | Omnibus Bond Acts, regardless of any provision of this Act that | ||||||
| 8 | may appear
to be or to have been more restrictive than those | ||||||
| 9 | Acts, (ii) that the
provisions of this Section are not a | ||||||
| 10 | limitation on the supplementary
authority granted by the | ||||||
| 11 | Omnibus Bond Acts, and (iii) that instruments
issued under this | ||||||
| 12 | Section within the supplementary authority granted by the
| ||||||
| 13 | Omnibus Bond Acts are not invalid because of any provision of | ||||||
| 14 | this Act that
may appear to be or to have been more restrictive | ||||||
| 15 | than those Acts. | ||||||
| 16 | (r) When the purposes for which the bonds are issued have | ||||||
| 17 | been accomplished
and paid for in full and there remain funds | ||||||
| 18 | on hand from the proceeds of
the bond sale and interest | ||||||
| 19 | earnings therefrom, the board shall, by
resolution, use such | ||||||
| 20 | excess funds in accordance with the provisions of
Section | ||||||
| 21 | 10-22.14 of this Act. | ||||||
| 22 | (s) Whenever any tax is levied or bonds issued for fire | ||||||
| 23 | prevention, safety,
energy conservation, and school security | ||||||
| 24 | purposes, such proceeds shall be
deposited and accounted for | ||||||
| 25 | separately within the Fire Prevention and Safety
Fund. | ||||||
| 26 | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/19-1)
| ||||||
| 2 | Sec. 19-1. Debt limitations of school districts.
| ||||||
| 3 | (a) School districts shall not be subject to the provisions | ||||||
| 4 | limiting their
indebtedness prescribed in "An Act to limit the | ||||||
| 5 | indebtedness of counties having
a population of less than | ||||||
| 6 | 500,000 and townships, school districts and other
municipal | ||||||
| 7 | corporations having a population of less than 300,000", | ||||||
| 8 | approved
February 15, 1928, as amended.
| ||||||
| 9 | No school districts maintaining grades K through 8 or 9 | ||||||
| 10 | through 12
shall become indebted in any manner or for any | ||||||
| 11 | purpose to an amount,
including existing indebtedness, in the | ||||||
| 12 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
| 13 | therein to be ascertained by the last assessment
for State and | ||||||
| 14 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
| 15 | that
is produced by multiplying the school district's 1978 | ||||||
| 16 | equalized assessed
valuation by the debt limitation percentage | ||||||
| 17 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
| 18 | indebtedness.
| ||||||
| 19 | No school districts maintaining grades K through 12 shall | ||||||
| 20 | become
indebted in any manner or for any purpose to an amount, | ||||||
| 21 | including
existing indebtedness, in the aggregate exceeding | ||||||
| 22 | 13.8% on the value of
the taxable property therein to be | ||||||
| 23 | ascertained by the last assessment
for State and county taxes | ||||||
| 24 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
| 25 | by multiplying the school district's 1978 equalized assessed
| ||||||
| |||||||
| |||||||
| 1 | valuation by the debt limitation percentage in effect on | ||||||
| 2 | January 1, 1979,
previous to the incurring of such | ||||||
| 3 | indebtedness.
| ||||||
| 4 | No partial elementary unit district, as defined in Article | ||||||
| 5 | 11E of this Code, shall become indebted in any manner or for | ||||||
| 6 | any purpose in an amount, including existing indebtedness, in | ||||||
| 7 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
| 8 | property of the entire district, to be ascertained by the last | ||||||
| 9 | assessment for State and county taxes, plus an amount, | ||||||
| 10 | including existing indebtedness, in the aggregate exceeding | ||||||
| 11 | 6.9% of the value of the taxable property of that portion of | ||||||
| 12 | the district included in the elementary and high school | ||||||
| 13 | classification, to be ascertained by the last assessment for | ||||||
| 14 | State and county taxes. Moreover, no partial elementary unit | ||||||
| 15 | district, as defined in Article 11E of this Code, shall become | ||||||
| 16 | indebted on account of bonds issued by the district for high | ||||||
| 17 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
| 18 | the taxable property of the entire district, to be ascertained | ||||||
| 19 | by the last assessment for State and county taxes, nor shall | ||||||
| 20 | the district become indebted on account of bonds issued by the | ||||||
| 21 | district for elementary purposes in the aggregate exceeding | ||||||
| 22 | 6.9% of the value of the taxable property for that portion of | ||||||
| 23 | the district included in the elementary and high school | ||||||
| 24 | classification, to be ascertained by the last assessment for | ||||||
| 25 | State and county taxes.
| ||||||
| 26 | Notwithstanding the provisions of any other law to the | ||||||
| |||||||
| |||||||
| 1 | contrary, in any
case in which the voters of a school district | ||||||
| 2 | have approved a proposition
for the issuance of bonds of such | ||||||
| 3 | school district at an election held prior
to January 1, 1979, | ||||||
| 4 | and all of the bonds approved at such election have
not been | ||||||
| 5 | issued, the debt limitation applicable to such school district
| ||||||
| 6 | during the calendar year 1979 shall be computed by multiplying | ||||||
| 7 | the value
of taxable property therein, including personal | ||||||
| 8 | property, as ascertained
by the last assessment for State and | ||||||
| 9 | county taxes, previous to the incurring
of such indebtedness, | ||||||
| 10 | by the percentage limitation applicable to such school
district | ||||||
| 11 | under the provisions of this subsection (a).
| ||||||
| 12 | (b) Notwithstanding the debt limitation prescribed in | ||||||
| 13 | subsection (a)
of this Section, additional indebtedness may be | ||||||
| 14 | incurred in an amount
not to exceed the estimated cost of | ||||||
| 15 | acquiring or improving school sites
or constructing and | ||||||
| 16 | equipping additional building facilities under the
following | ||||||
| 17 | conditions:
| ||||||
| 18 | (1) Whenever the enrollment of students for the next | ||||||
| 19 | school year is
estimated by the board of education to | ||||||
| 20 | increase over the actual present
enrollment by not less | ||||||
| 21 | than 35% or by not less than 200 students or the
actual | ||||||
| 22 | present enrollment of students has increased over the | ||||||
| 23 | previous
school year by not less than 35% or by not less | ||||||
| 24 | than 200 students and
the board of education determines | ||||||
| 25 | that additional school sites or
building facilities are | ||||||
| 26 | required as a result of such increase in
enrollment; and
| ||||||
| |||||||
| |||||||
| 1 | (2) When the Regional Superintendent of Schools having | ||||||
| 2 | jurisdiction
over the school district and the State | ||||||
| 3 | Superintendent of Education
concur in such enrollment | ||||||
| 4 | projection or increase and approve the need
for such | ||||||
| 5 | additional school sites or building facilities and the
| ||||||
| 6 | estimated cost thereof; and
| ||||||
| 7 | (3) When the voters in the school district approve a | ||||||
| 8 | proposition for
the issuance of bonds for the purpose of | ||||||
| 9 | acquiring or improving such
needed school sites or | ||||||
| 10 | constructing and equipping such needed additional
building | ||||||
| 11 | facilities at an election called and held for that purpose.
| ||||||
| 12 | Notice of such an election shall state that the amount of | ||||||
| 13 | indebtedness
proposed to be incurred would exceed the debt | ||||||
| 14 | limitation otherwise
applicable to the school district. | ||||||
| 15 | The ballot for such proposition
shall state what percentage | ||||||
| 16 | of the equalized assessed valuation will be
outstanding in | ||||||
| 17 | bonds if the proposed issuance of bonds is approved by
the | ||||||
| 18 | voters; or
| ||||||
| 19 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
| 20 | through (3) of
this subsection (b), if the school board | ||||||
| 21 | determines that additional
facilities are needed to | ||||||
| 22 | provide a quality educational program and not
less than 2/3 | ||||||
| 23 | of those voting in an election called by the school board
| ||||||
| 24 | on the question approve the issuance of bonds for the | ||||||
| 25 | construction of
such facilities, the school district may | ||||||
| 26 | issue bonds for this
purpose; or
| ||||||
| |||||||
| |||||||
| 1 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
| 2 | through (3) of this
subsection (b), if (i) the school | ||||||
| 3 | district has previously availed itself of the
provisions of | ||||||
| 4 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
| 5 | bonds,
(ii) the voters of the school district have not | ||||||
| 6 | defeated a proposition for the
issuance of bonds since the | ||||||
| 7 | referendum described in paragraph (4) of this
subsection | ||||||
| 8 | (b) was held, (iii) the school board determines that | ||||||
| 9 | additional
facilities are needed to provide a quality | ||||||
| 10 | educational program, and (iv) a
majority of those voting in | ||||||
| 11 | an election called by the school board on the
question | ||||||
| 12 | approve the issuance of bonds for the construction of such | ||||||
| 13 | facilities,
the school district may issue bonds for this | ||||||
| 14 | purpose.
| ||||||
| 15 | In no event shall the indebtedness incurred pursuant to | ||||||
| 16 | this
subsection (b) and the existing indebtedness of the school | ||||||
| 17 | district
exceed 15% of the value of the taxable property | ||||||
| 18 | therein to be
ascertained by the last assessment for State and | ||||||
| 19 | county taxes, previous
to the incurring of such indebtedness | ||||||
| 20 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
| 21 | by multiplying the school district's 1978 equalized
assessed | ||||||
| 22 | valuation by the debt limitation percentage in effect on | ||||||
| 23 | January 1,
1979.
| ||||||
| 24 | The indebtedness provided for by this subsection (b) shall | ||||||
| 25 | be in
addition to and in excess of any other debt limitation.
| ||||||
| 26 | (c) Notwithstanding the debt limitation prescribed in | ||||||
| |||||||
| |||||||
| 1 | subsection (a)
of this Section, in any case in which a public | ||||||
| 2 | question for the issuance
of bonds of a proposed school | ||||||
| 3 | district maintaining grades kindergarten
through 12 received | ||||||
| 4 | at least 60% of the valid ballots cast on the question at
an | ||||||
| 5 | election held on or prior to November 8, 1994, and in which the | ||||||
| 6 | bonds
approved at such election have not been issued, the | ||||||
| 7 | school district pursuant to
the requirements of Section 11A-10 | ||||||
| 8 | (now repealed) may issue the total amount of bonds approved
at | ||||||
| 9 | such election for the purpose stated in the question.
| ||||||
| 10 | (d) Notwithstanding the debt limitation prescribed in | ||||||
| 11 | subsection (a)
of this Section, a school district that meets | ||||||
| 12 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
| 13 | subsection (d) may incur an additional
indebtedness in an | ||||||
| 14 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
| 15 | additional indebtedness authorized by this subsection (d), | ||||||
| 16 | when incurred
and added to the aggregate amount of indebtedness | ||||||
| 17 | of the district existing
immediately prior to the district | ||||||
| 18 | incurring the additional indebtedness
authorized by this | ||||||
| 19 | subsection (d), causes the aggregate indebtedness of the
| ||||||
| 20 | district to exceed the debt limitation otherwise applicable to | ||||||
| 21 | that district
under subsection (a):
| ||||||
| 22 | (1) The additional indebtedness authorized by this | ||||||
| 23 | subsection (d) is
incurred by the school district through | ||||||
| 24 | the issuance of bonds under and in
accordance with Section | ||||||
| 25 | 17-2.11a for the purpose of replacing a school
building | ||||||
| 26 | which, because of mine subsidence damage, has been closed | ||||||
| |||||||
| |||||||
| 1 | as provided
in paragraph (2) of this subsection (d) or | ||||||
| 2 | through the issuance of bonds under
and in accordance with | ||||||
| 3 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
| 4 | providing for additional functions in, such replacement | ||||||
| 5 | school buildings, or
both such purposes.
| ||||||
| 6 | (2) The bonds issued by the school district as provided | ||||||
| 7 | in paragraph (1)
above are issued for the purposes of | ||||||
| 8 | construction by the school district of
a new school | ||||||
| 9 | building pursuant to Section 17-2.11, to replace an | ||||||
| 10 | existing
school building that, because of mine subsidence | ||||||
| 11 | damage, is closed as of the
end of the 1992-93 school year | ||||||
| 12 | pursuant to action of the regional
superintendent of | ||||||
| 13 | schools of the educational service region in which the
| ||||||
| 14 | district is located under Section 3-14.22 or are issued for | ||||||
| 15 | the purpose of
increasing the size of, or providing for | ||||||
| 16 | additional functions in, the new
school building being | ||||||
| 17 | constructed to replace a school building closed as the
| ||||||
| 18 | result of mine subsidence damage, or both such purposes.
| ||||||
| 19 | (e) (Blank).
| ||||||
| 20 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
| 21 | this Section or of
any other law, bonds in not to exceed the | ||||||
| 22 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
| 23 | meeting the following criteria shall not be
considered | ||||||
| 24 | indebtedness for purposes of any statutory limitation and may | ||||||
| 25 | be
issued in an amount or amounts, including existing | ||||||
| 26 | indebtedness, in excess of
any heretofore or hereafter imposed | ||||||
| |||||||
| |||||||
| 1 | statutory limitation as to indebtedness:
| ||||||
| 2 | (1) At the time of the sale of such bonds, the board of | ||||||
| 3 | education of the
district shall have determined by | ||||||
| 4 | resolution that the enrollment of students in
the district | ||||||
| 5 | is projected to increase by not less than 7% during each of | ||||||
| 6 | the
next succeeding 2 school years.
| ||||||
| 7 | (2) The board of education shall also determine by | ||||||
| 8 | resolution that the
improvements to be financed with the | ||||||
| 9 | proceeds of the bonds are needed because
of the projected | ||||||
| 10 | enrollment increases.
| ||||||
| 11 | (3) The board of education shall also determine by | ||||||
| 12 | resolution that the
projected increases in enrollment are | ||||||
| 13 | the result of improvements made or
expected to be made to | ||||||
| 14 | passenger rail facilities located in the school
district.
| ||||||
| 15 | Notwithstanding the provisions of subsection (a) of this | ||||||
| 16 | Section or of any other law, a school district that has availed | ||||||
| 17 | itself of the provisions of this subsection (f) prior to July | ||||||
| 18 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
| 19 | issue bonds approved by referendum up to an amount, including | ||||||
| 20 | existing indebtedness, not exceeding 25% of the equalized | ||||||
| 21 | assessed value of the taxable property in the district if all | ||||||
| 22 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
| 23 | subsection (f) are met.
| ||||||
| 24 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
| 25 | this Section or any
other law, bonds in not to exceed an | ||||||
| 26 | aggregate amount of 25% of the equalized
assessed value of the | ||||||
| |||||||
| |||||||
| 1 | taxable property of a school district and issued by a
school | ||||||
| 2 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
| 3 | this
subsection shall not be considered indebtedness for | ||||||
| 4 | purposes of any statutory
limitation and may be issued pursuant | ||||||
| 5 | to resolution of the school board in an
amount or amounts, | ||||||
| 6 | including existing indebtedness, in
excess of any statutory | ||||||
| 7 | limitation of indebtedness heretofore or hereafter
imposed:
| ||||||
| 8 | (i) The bonds are issued for the purpose of | ||||||
| 9 | constructing a new high school
building to replace two | ||||||
| 10 | adjacent existing buildings which together house a
single | ||||||
| 11 | high school, each of which is more than 65 years old, and | ||||||
| 12 | which together
are located on more than 10 acres and less | ||||||
| 13 | than 11 acres of property.
| ||||||
| 14 | (ii) At the time the resolution authorizing the | ||||||
| 15 | issuance of the bonds is
adopted, the cost of constructing | ||||||
| 16 | a new school building to replace the existing
school | ||||||
| 17 | building is less than 60% of the cost of repairing the | ||||||
| 18 | existing school
building.
| ||||||
| 19 | (iii) The sale of the bonds occurs before July 1, 1997.
| ||||||
| 20 | (iv) The school district issuing the bonds is a unit | ||||||
| 21 | school district
located in a county of less than 70,000 and | ||||||
| 22 | more than 50,000 inhabitants,
which has an average daily | ||||||
| 23 | attendance of less than 1,500 and an equalized
assessed | ||||||
| 24 | valuation of less than $29,000,000.
| ||||||
| 25 | (h) Notwithstanding any other provisions of this Section or | ||||||
| 26 | the
provisions of any other law, until January 1, 1998, a | ||||||
| |||||||
| |||||||
| 1 | community unit school
district maintaining grades K through 12 | ||||||
| 2 | may issue bonds up to an amount,
including existing | ||||||
| 3 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
| 4 | value of the taxable property in the district, if all of the | ||||||
| 5 | following
conditions are met:
| ||||||
| 6 | (i) The school district has an equalized assessed | ||||||
| 7 | valuation for calendar
year 1995 of less than $24,000,000;
| ||||||
| 8 | (ii) The bonds are issued for the capital improvement, | ||||||
| 9 | renovation,
rehabilitation, or replacement of existing | ||||||
| 10 | school buildings of the district,
all of which buildings | ||||||
| 11 | were originally constructed not less than 40 years ago;
| ||||||
| 12 | (iii) The voters of the district approve a proposition | ||||||
| 13 | for the issuance of
the bonds at a referendum held after | ||||||
| 14 | March 19, 1996; and
| ||||||
| 15 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 16 | through 19-7 of this
Code.
| ||||||
| 17 | (i) Notwithstanding any other provisions of this Section or | ||||||
| 18 | the provisions
of any other law, until January 1, 1998, a | ||||||
| 19 | community unit school district
maintaining grades K through 12 | ||||||
| 20 | may issue bonds up to an amount, including
existing | ||||||
| 21 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
| 22 | of the
taxable property in the district, if all of the | ||||||
| 23 | following conditions are met:
| ||||||
| 24 | (i) The school district has an equalized assessed | ||||||
| 25 | valuation for calendar
year 1995 of less than $44,600,000;
| ||||||
| 26 | (ii) The bonds are issued for the capital improvement, | ||||||
| |||||||
| |||||||
| 1 | renovation,
rehabilitation, or replacement
of existing | ||||||
| 2 | school buildings of the district, all of which
existing | ||||||
| 3 | buildings were originally constructed not less than 80 | ||||||
| 4 | years ago;
| ||||||
| 5 | (iii) The voters of the district approve a proposition | ||||||
| 6 | for the issuance of
the bonds at a referendum held after | ||||||
| 7 | December 31, 1996; and
| ||||||
| 8 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 9 | through 19-7 of this
Code.
| ||||||
| 10 | (j) Notwithstanding any other provisions of this Section or | ||||||
| 11 | the
provisions of any other law, until January 1, 1999, a | ||||||
| 12 | community unit school
district maintaining grades K through 12 | ||||||
| 13 | may issue bonds up to an amount,
including existing | ||||||
| 14 | indebtedness, not exceeding 27% of the equalized assessed
value | ||||||
| 15 | of the taxable property in the district if all of the following
| ||||||
| 16 | conditions are met:
| ||||||
| 17 | (i) The school district has an equalized assessed | ||||||
| 18 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
| 19 | and a best 3 months
average daily
attendance for the | ||||||
| 20 | 1995-96 school year of at least 2,800;
| ||||||
| 21 | (ii) The bonds are issued to purchase a site and build | ||||||
| 22 | and equip a new
high school, and the school district's | ||||||
| 23 | existing high school was originally
constructed not less | ||||||
| 24 | than 35
years prior to the sale of the bonds;
| ||||||
| 25 | (iii) At the time of the sale of the bonds, the board | ||||||
| 26 | of education
determines
by resolution that a new high | ||||||
| |||||||
| |||||||
| 1 | school is needed because of projected enrollment
| ||||||
| 2 | increases;
| ||||||
| 3 | (iv) At least 60% of those voting in an election held
| ||||||
| 4 | after December 31, 1996 approve a proposition
for the | ||||||
| 5 | issuance of
the bonds; and
| ||||||
| 6 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 7 | through
19-7 of this Code.
| ||||||
| 8 | (k) Notwithstanding the debt limitation prescribed in | ||||||
| 9 | subsection (a) of
this Section, a school district that meets | ||||||
| 10 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
| 11 | this subsection (k) may issue bonds to incur an
additional | ||||||
| 12 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
| 13 | the
amount of the additional indebtedness authorized by this | ||||||
| 14 | subsection (k), when
incurred and added to the aggregate amount | ||||||
| 15 | of indebtedness of the school
district existing immediately | ||||||
| 16 | prior to the school district incurring such
additional | ||||||
| 17 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
| 18 | district to exceed or increases the amount by which the | ||||||
| 19 | aggregate indebtedness
of the district already exceeds the debt | ||||||
| 20 | limitation otherwise applicable to
that school district under | ||||||
| 21 | subsection (a):
| ||||||
| 22 | (1) the school district is located in 2 counties, and a | ||||||
| 23 | referendum to
authorize the additional indebtedness was | ||||||
| 24 | approved by a majority of the voters
of the school district | ||||||
| 25 | voting on the proposition to authorize that
indebtedness;
| ||||||
| 26 | (2) the additional indebtedness is for the purpose of | ||||||
| |||||||
| |||||||
| 1 | financing a
multi-purpose room addition to the existing | ||||||
| 2 | high school;
| ||||||
| 3 | (3) the additional indebtedness, together with the | ||||||
| 4 | existing indebtedness
of the school district, shall not | ||||||
| 5 | exceed 17.4% of the value of the taxable
property in the | ||||||
| 6 | school district, to be ascertained by the last assessment | ||||||
| 7 | for
State and county taxes; and
| ||||||
| 8 | (4) the bonds evidencing the additional indebtedness | ||||||
| 9 | are issued, if at
all, within 120 days of the effective | ||||||
| 10 | date of this amendatory Act of 1998.
| ||||||
| 11 | (l) Notwithstanding any other provisions of this Section or | ||||||
| 12 | the
provisions of any other law, until January 1, 2000, a | ||||||
| 13 | school district
maintaining grades kindergarten through 8 may | ||||||
| 14 | issue bonds up to an amount,
including existing indebtedness, | ||||||
| 15 | not exceeding 15% of the equalized assessed
value of the | ||||||
| 16 | taxable property in the district if all of the following
| ||||||
| 17 | conditions are met:
| ||||||
| 18 | (i) the district has an equalized assessed valuation | ||||||
| 19 | for calendar year
1996 of less than $10,000,000;
| ||||||
| 20 | (ii) the bonds are issued for capital improvement, | ||||||
| 21 | renovation,
rehabilitation, or replacement of one or more | ||||||
| 22 | school buildings of the district,
which buildings were | ||||||
| 23 | originally constructed not less than 70 years ago;
| ||||||
| 24 | (iii) the voters of the district approve a proposition | ||||||
| 25 | for the issuance of
the bonds at a referendum held on or | ||||||
| 26 | after March 17, 1998; and
| ||||||
| |||||||
| |||||||
| 1 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
| 2 | through 19-7 of this
Code.
| ||||||
| 3 | (m) Notwithstanding any other provisions of this Section or | ||||||
| 4 | the provisions
of
any other law, until January 1, 1999, an | ||||||
| 5 | elementary school district maintaining
grades K through 8 may | ||||||
| 6 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
| 7 | not exceeding 18% 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 school district has an equalized assessed | ||||||
| 11 | valuation for calendar
year 1995 or less than $7,700,000;
| ||||||
| 12 | (ii) The school district operates 2 elementary | ||||||
| 13 | attendance centers that
until
1976 were operated as the | ||||||
| 14 | attendance centers of 2 separate and distinct school
| ||||||
| 15 | districts;
| ||||||
| 16 | (iii) The bonds are issued for the construction of a | ||||||
| 17 | new elementary school
building to replace an existing | ||||||
| 18 | multi-level elementary school building of the
school | ||||||
| 19 | district that is not handicapped accessible at all levels | ||||||
| 20 | and parts of
which were constructed more than 75 years ago;
| ||||||
| 21 | (iv) The voters of the school district approve a | ||||||
| 22 | proposition for the
issuance of the bonds at a referendum | ||||||
| 23 | held after July 1, 1998; and
| ||||||
| 24 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 25 | through 19-7 of this
Code.
| ||||||
| 26 | (n) Notwithstanding the debt limitation prescribed in | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of
this Section or any other provisions of this | ||||||
| 2 | Section or of any other law, a
school district that meets all | ||||||
| 3 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
| 4 | this subsection (n) may incur additional indebtedness by the
| ||||||
| 5 | issuance of bonds in an amount not exceeding the amount | ||||||
| 6 | certified by the
Capital Development Board to the school | ||||||
| 7 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
| 8 | even though the amount of the additional indebtedness so
| ||||||
| 9 | authorized, when incurred and added to the aggregate amount of | ||||||
| 10 | indebtedness of
the district existing immediately prior to the | ||||||
| 11 | district incurring the
additional indebtedness authorized by | ||||||
| 12 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
| 13 | district to exceed the debt limitation otherwise applicable
by | ||||||
| 14 | law to that district:
| ||||||
| 15 | (i) The school district applies to the State Board of | ||||||
| 16 | Education for a
school construction project grant and | ||||||
| 17 | submits a district facilities plan in
support
of its | ||||||
| 18 | application pursuant to Section 5-20 of
the School | ||||||
| 19 | Construction Law.
| ||||||
| 20 | (ii) The school district's application and facilities | ||||||
| 21 | plan are approved
by,
and the district receives a grant | ||||||
| 22 | entitlement for a school construction project
issued by, | ||||||
| 23 | the State Board of Education under the School Construction | ||||||
| 24 | Law.
| ||||||
| 25 | (iii) The school district has exhausted its bonding | ||||||
| 26 | capacity or the unused
bonding capacity of the district is | ||||||
| |||||||
| |||||||
| 1 | less than the amount certified by the
Capital Development | ||||||
| 2 | Board to the district under Section 5-15 of the School
| ||||||
| 3 | Construction Law as the dollar amount of the school | ||||||
| 4 | construction project's cost
that the district will be | ||||||
| 5 | required to finance with non-grant funds in order to
| ||||||
| 6 | receive a school construction project grant under the | ||||||
| 7 | School Construction Law.
| ||||||
| 8 | (iv) The bonds are issued for a "school construction | ||||||
| 9 | project", as that
term is defined in Section 5-5 of the | ||||||
| 10 | School Construction Law, in an amount
that does not exceed | ||||||
| 11 | the dollar amount certified, as provided in paragraph
(iii) | ||||||
| 12 | of this subsection (n), by the Capital Development Board
to | ||||||
| 13 | the school
district under Section 5-15 of the School | ||||||
| 14 | Construction Law.
| ||||||
| 15 | (v) The voters of the district approve a proposition | ||||||
| 16 | for the issuance of
the bonds at a referendum held after | ||||||
| 17 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
| 18 | subsection (n) are met.
| ||||||
| 19 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
| 20 | through 19-7 of the
School Code.
| ||||||
| 21 | (o) Notwithstanding any other provisions of this Section or | ||||||
| 22 | the
provisions of any other law, until November 1, 2007, a | ||||||
| 23 | community unit
school district maintaining grades K through 12 | ||||||
| 24 | may issue bonds up to
an amount, including existing | ||||||
| 25 | indebtedness, not exceeding 20% of the
equalized assessed value | ||||||
| 26 | of the 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 2001 of at least $737,000,000 | ||||||
| 4 | and an enrollment
for the 2002-2003 school year of at least | ||||||
| 5 | 8,500;
| ||||||
| 6 | (ii) the bonds are issued to purchase school sites, | ||||||
| 7 | build and
equip a new high school, build and equip a new | ||||||
| 8 | junior high school,
build and equip 5 new elementary | ||||||
| 9 | schools, and make technology
and other improvements and | ||||||
| 10 | additions to existing schools;
| ||||||
| 11 | (iii) at the time of the sale of the bonds, the board | ||||||
| 12 | of
education determines by resolution that the sites and | ||||||
| 13 | new or
improved facilities are needed because of projected | ||||||
| 14 | enrollment
increases;
| ||||||
| 15 | (iv) at least 57% of those voting in a general election | ||||||
| 16 | held
prior to January 1, 2003 approved a proposition for | ||||||
| 17 | the issuance of
the bonds; and
| ||||||
| 18 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
| 19 | through
19-7 of this Code.
| ||||||
| 20 | (p) Notwithstanding any other provisions of this Section or | ||||||
| 21 | the provisions of any other law, a community unit school | ||||||
| 22 | district maintaining grades K through 12 may issue bonds up to | ||||||
| 23 | an amount, including indebtedness, not exceeding 27% of the | ||||||
| 24 | equalized assessed value of the taxable property in the | ||||||
| 25 | district if all of the following conditions are met: | ||||||
| 26 | (i) The school district has an equalized assessed | ||||||
| |||||||
| |||||||
| 1 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
| 2 | and a best 3 months' average daily attendance for the | ||||||
| 3 | 2002-2003 school year of at least 2,394. | ||||||
| 4 | (ii) The bonds are issued to build and equip 3 | ||||||
| 5 | elementary school buildings; build and equip one middle | ||||||
| 6 | school building; and alter, repair, improve, and equip all | ||||||
| 7 | existing school buildings in the district. | ||||||
| 8 | (iii) At the time of the sale of the bonds, the board | ||||||
| 9 | of education determines by resolution that the project is | ||||||
| 10 | needed because of expanding growth in the school district | ||||||
| 11 | and a projected enrollment increase. | ||||||
| 12 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 13 | through 19-7 of this Code.
| ||||||
| 14 | (p-5) Notwithstanding any other provisions of this Section | ||||||
| 15 | or the provisions of any other law, bonds issued by a community | ||||||
| 16 | unit school district maintaining grades K through 12 shall not | ||||||
| 17 | be considered indebtedness for purposes of any statutory | ||||||
| 18 | limitation and may be issued in an amount or amounts, including | ||||||
| 19 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
| 20 | imposed statutory limitation as to indebtedness, if all of the | ||||||
| 21 | following conditions are met: | ||||||
| 22 | (i) For each of the 4 most recent years, residential | ||||||
| 23 | property comprises more than 80% of the equalized assessed | ||||||
| 24 | valuation of the district. | ||||||
| 25 | (ii) At least 2 school buildings that were constructed | ||||||
| 26 | 40 or more years prior to the issuance of the bonds will be | ||||||
| |||||||
| |||||||
| 1 | demolished and will be replaced by new buildings or | ||||||
| 2 | additions to one or more existing buildings. | ||||||
| 3 | (iii) Voters of the district approve a proposition for | ||||||
| 4 | the issuance of the bonds at a regularly scheduled | ||||||
| 5 | election. | ||||||
| 6 | (iv) At the time of the sale of the bonds, the school | ||||||
| 7 | board determines by resolution that the new buildings or | ||||||
| 8 | building additions are needed because of an increase in | ||||||
| 9 | enrollment projected by the school board. | ||||||
| 10 | (v) The principal amount of the bonds, including | ||||||
| 11 | existing indebtedness, does not exceed 25% of the equalized | ||||||
| 12 | assessed value of the taxable property in the district. | ||||||
| 13 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 14 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 15 | (p-10) Notwithstanding any other provisions of this | ||||||
| 16 | Section or the provisions of any other law, bonds issued by a | ||||||
| 17 | community consolidated school district maintaining grades K | ||||||
| 18 | through 8 shall not be considered indebtedness for purposes of | ||||||
| 19 | any statutory limitation and may be issued in an amount or | ||||||
| 20 | amounts, including existing indebtedness, in excess of any | ||||||
| 21 | heretofore or hereafter imposed statutory limitation as to | ||||||
| 22 | indebtedness, if all of the following conditions are met: | ||||||
| 23 | (i) For each of the 4 most recent years, residential | ||||||
| 24 | and farm property comprises more than 80% of the equalized | ||||||
| 25 | assessed valuation of the district. | ||||||
| 26 | (ii) The bond proceeds are to be used to acquire and | ||||||
| |||||||
| |||||||
| 1 | improve school sites and build and equip a school building. | ||||||
| 2 | (iii) Voters of the district approve a proposition for | ||||||
| 3 | the issuance of the bonds at a regularly scheduled | ||||||
| 4 | election. | ||||||
| 5 | (iv) At the time of the sale of the bonds, the school | ||||||
| 6 | board determines by resolution that the school sites and | ||||||
| 7 | building additions are needed because of an increase in | ||||||
| 8 | enrollment projected by the school board. | ||||||
| 9 | (v) The principal amount of the bonds, including | ||||||
| 10 | existing indebtedness, does not exceed 20% of the equalized | ||||||
| 11 | assessed value of the taxable property in the district. | ||||||
| 12 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 13 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 14 | (p-15) In addition to all other authority to issue bonds, | ||||||
| 15 | the Oswego Community Unit School District Number 308 may issue | ||||||
| 16 | bonds with an aggregate principal amount not to exceed | ||||||
| 17 | $450,000,000, but only if all of the following conditions are | ||||||
| 18 | met: | ||||||
| 19 | (i) The voters of the district have approved a | ||||||
| 20 | proposition for the bond issue at the general election held | ||||||
| 21 | on November 7, 2006. | ||||||
| 22 | (ii) At the time of the sale of the bonds, the school | ||||||
| 23 | board determines, by resolution, that: (A) the building and | ||||||
| 24 | equipping of the new high school building, new junior high | ||||||
| 25 | school buildings, new elementary school buildings, early | ||||||
| 26 | childhood building, maintenance building, transportation | ||||||
| |||||||
| |||||||
| 1 | facility, and additions to existing school buildings, the | ||||||
| 2 | altering, repairing, equipping, and provision of | ||||||
| 3 | technology improvements to existing school buildings, and | ||||||
| 4 | the acquisition and 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; and | ||||||
| 7 | (B) the sale of bonds for these purposes is authorized by | ||||||
| 8 | 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 issues, | ||||||
| 11 | on or before November 7, 2011, but the aggregate principal | ||||||
| 12 | amount issued in all such bond issues combined must not | ||||||
| 13 | exceed $450,000,000.
| ||||||
| 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 | general election held on November 7, 2006. | ||||||
| 19 | The debt incurred on any bonds issued under this subsection | ||||||
| 20 | (p-15) shall not be considered indebtedness for purposes of any | ||||||
| 21 | statutory debt limitation.
| ||||||
| 22 | (p-20) In addition to all other authority to issue bonds, | ||||||
| 23 | the Lincoln-Way Community High School District Number 210 may | ||||||
| 24 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 25 | $225,000,000, but only if all of the following conditions are | ||||||
| 26 | met: | ||||||
| |||||||
| |||||||
| 1 | (i) The voters of the district have approved a | ||||||
| 2 | proposition for the bond issue at the general primary | ||||||
| 3 | election held on March 21, 2006. | ||||||
| 4 | (ii) At the time of the sale of the bonds, the school | ||||||
| 5 | board determines, by resolution, that: (A) the building and | ||||||
| 6 | equipping of the new high school buildings, the altering, | ||||||
| 7 | repairing, and equipping of existing school buildings, and | ||||||
| 8 | the improvement of school sites, as the case may be, are | ||||||
| 9 | required as a result of a projected increase in the | ||||||
| 10 | enrollment of students in the district; and (B) the sale of | ||||||
| 11 | bonds for these purposes is authorized by legislation that | ||||||
| 12 | exempts the debt incurred on the bonds from the district's | ||||||
| 13 | statutory debt limitation.
| ||||||
| 14 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 15 | on or before March 21, 2011, but the aggregate principal | ||||||
| 16 | amount issued in all such bond issues combined must not | ||||||
| 17 | exceed $225,000,000.
| ||||||
| 18 | (iv) The bonds are issued in accordance with this | ||||||
| 19 | Article 19. | ||||||
| 20 | (v) The proceeds of the bonds are used only to | ||||||
| 21 | accomplish those projects approved by the voters at the | ||||||
| 22 | primary election held on March 21, 2006. | ||||||
| 23 | The debt incurred on any bonds issued under this subsection | ||||||
| 24 | (p-20) shall not be considered indebtedness for purposes of any | ||||||
| 25 | statutory debt limitation.
| ||||||
| 26 | (p-25) In addition to all other authority to issue bonds, | ||||||
| |||||||
| |||||||
| 1 | Rochester Community Unit School District 3A may issue bonds | ||||||
| 2 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
| 3 | but only if all of the following conditions are met: | ||||||
| 4 | (i) The voters of the district approve a proposition | ||||||
| 5 | for the bond issuance at the general primary election held | ||||||
| 6 | 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 high school building; the addition of | ||||||
| 10 | classrooms and support facilities at the high school, | ||||||
| 11 | middle school, and elementary school; the altering, | ||||||
| 12 | repairing, and equipping of existing school buildings; and | ||||||
| 13 | the improvement of school sites, as the case may be, are | ||||||
| 14 | required as a result of a projected increase in the | ||||||
| 15 | enrollment of students in the district; and (B) the sale of | ||||||
| 16 | bonds for these purposes is authorized by a law that | ||||||
| 17 | exempts the debt incurred on the bonds from the district's | ||||||
| 18 | statutory debt limitation. | ||||||
| 19 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 20 | on or before December 31, 2012, but the aggregate principal | ||||||
| 21 | amount issued in all such bond issues combined must not | ||||||
| 22 | exceed $18,500,000. | ||||||
| 23 | (iv) The bonds are issued in accordance with this | ||||||
| 24 | Article 19. | ||||||
| 25 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 26 | only those projects approved by the voters at the primary | ||||||
| |||||||
| |||||||
| 1 | election held in 2008.
| ||||||
| 2 | The debt incurred on any bonds issued under this subsection | ||||||
| 3 | (p-25) shall not be considered indebtedness for purposes of any | ||||||
| 4 | statutory debt limitation.
| ||||||
| 5 | (p-30) In addition to all other authority to issue bonds, | ||||||
| 6 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
| 7 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
| 8 | but only if all of the following conditions are met:
| ||||||
| 9 | (i) The voters of the district approve a proposition | ||||||
| 10 | for the bond issuance at an election held in 2008.
| ||||||
| 11 | (ii) At the time of the sale of the bonds, the school | ||||||
| 12 | board determines, by resolution, that (A) the building and | ||||||
| 13 | equipping of a new school building and additions to | ||||||
| 14 | existing school buildings are required as a result of a | ||||||
| 15 | projected increase in the enrollment of students in the | ||||||
| 16 | district and (B) the altering, repairing, and equipping of | ||||||
| 17 | existing school buildings are required because of the age | ||||||
| 18 | of the existing school buildings.
| ||||||
| 19 | (iii) The bonds are issued, in one or more bond | ||||||
| 20 | issuances, on or before December 31, 2012; however, the | ||||||
| 21 | aggregate principal amount issued in all such bond | ||||||
| 22 | issuances combined must not exceed $30,000,000.
| ||||||
| 23 | (iv) The bonds are issued in accordance with this | ||||||
| 24 | Article.
| ||||||
| 25 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 26 | only those projects approved by the voters at an election | ||||||
| |||||||
| |||||||
| 1 | held in 2008.
| ||||||
| 2 | The debt incurred on any bonds issued under this subsection | ||||||
| 3 | (p-30) shall not be considered indebtedness for purposes of any | ||||||
| 4 | statutory debt limitation.
| ||||||
| 5 | (p-35) In addition to all other authority to issue bonds, | ||||||
| 6 | Prairie Hill Community Consolidated School District 133 may | ||||||
| 7 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 8 | $13,900,000, but only if all of the following conditions are | ||||||
| 9 | met:
| ||||||
| 10 | (i) The voters of the district approved a proposition | ||||||
| 11 | for the bond issuance at an election held on April 17, | ||||||
| 12 | 2007.
| ||||||
| 13 | (ii) At the time of the sale of the bonds, the school | ||||||
| 14 | board determines, by resolution, that (A) the improvement | ||||||
| 15 | of the site of and the building and equipping of a school | ||||||
| 16 | building are required as a result of a projected increase | ||||||
| 17 | in the enrollment of students in the district and (B) the | ||||||
| 18 | repairing and equipping of the Prairie Hill Elementary | ||||||
| 19 | School building is required because of the age of that | ||||||
| 20 | school building.
| ||||||
| 21 | (iii) The bonds are issued, in one or more bond | ||||||
| 22 | issuances, on or before December 31, 2011, but the | ||||||
| 23 | aggregate principal amount issued in all such bond | ||||||
| 24 | issuances combined must not exceed $13,900,000.
| ||||||
| 25 | (iv) The bonds are issued in accordance with this | ||||||
| 26 | Article.
| ||||||
| |||||||
| |||||||
| 1 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 2 | only those projects approved by the voters at an election | ||||||
| 3 | held on April 17, 2007.
| ||||||
| 4 | The debt incurred on any bonds issued under this subsection | ||||||
| 5 | (p-35) shall not be considered indebtedness for purposes of any | ||||||
| 6 | statutory debt limitation.
| ||||||
| 7 | (p-40) In addition to all other authority to issue bonds, | ||||||
| 8 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
| 9 | aggregate principal amount not to exceed $55,000,000, 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 a regular election held on or | ||||||
| 13 | after November 4, 2008. | ||||||
| 14 | (2) At the time of the sale of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (i) the building and | ||||||
| 16 | equipping of a new high school building is required as a | ||||||
| 17 | result of a projected increase in the enrollment of | ||||||
| 18 | students in the district and the age and condition of the | ||||||
| 19 | existing high school building, (ii) the existing high | ||||||
| 20 | school building will be demolished, and (iii) the sale of | ||||||
| 21 | bonds is authorized by statute that exempts the debt | ||||||
| 22 | incurred on the bonds from the district's statutory debt | ||||||
| 23 | limitation. | ||||||
| 24 | (3) The bonds are issued, in one or more bond | ||||||
| 25 | issuances, on or before December 31, 2011, but the | ||||||
| 26 | aggregate principal amount issued in all such bond | ||||||
| |||||||
| |||||||
| 1 | issuances combined must not exceed $55,000,000. | ||||||
| 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 a regular | ||||||
| 6 | election held on or after November 4, 2008. | ||||||
| 7 | The debt incurred on any bonds issued under this subsection | ||||||
| 8 | (p-40) shall not be considered indebtedness for purposes of any | ||||||
| 9 | statutory debt limitation. | ||||||
| 10 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
| 11 | this Section or of any other law, bonds issued pursuant to | ||||||
| 12 | Section 19-3.5 of this Code shall not be considered | ||||||
| 13 | indebtedness for purposes of any statutory limitation if the | ||||||
| 14 | bonds are issued in an amount or amounts, including existing | ||||||
| 15 | indebtedness of the school district, not in excess of 18.5% of | ||||||
| 16 | the value of the taxable property in the district to be | ||||||
| 17 | ascertained by the last assessment for State and county taxes. | ||||||
| 18 | (p-50) Notwithstanding the provisions of subsection (a) of
| ||||||
| 19 | this Section or of any other law, bonds issued pursuant to
| ||||||
| 20 | Section 19-3.10 of this Code shall not be considered
| ||||||
| 21 | indebtedness for purposes of any statutory limitation if the
| ||||||
| 22 | bonds are issued in an amount or amounts, including existing
| ||||||
| 23 | indebtedness of the school district, not in excess of 43% of
| ||||||
| 24 | the value of the taxable property in the district to be
| ||||||
| 25 | ascertained by the last assessment for State and county taxes. | ||||||
| 26 | (p-55) In addition to all other authority to issue bonds, | ||||||
| |||||||
| |||||||
| 1 | Belle Valley School District 119 may issue bonds with an | ||||||
| 2 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
| 3 | 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 April | ||||||
| 6 | 7, 2009. | ||||||
| 7 | (2) Prior to the issuance of the bonds, the school | ||||||
| 8 | board determines, by resolution, that (i) the building and | ||||||
| 9 | equipping of a new school building is required as a result | ||||||
| 10 | of mine subsidence in an existing school building and | ||||||
| 11 | because of the age and condition of another existing school | ||||||
| 12 | building and (ii) the issuance of bonds is authorized by | ||||||
| 13 | statute that exempts the debt incurred on the bonds from | ||||||
| 14 | the district's statutory debt limitation. | ||||||
| 15 | (3) The bonds are issued, in one or more bond | ||||||
| 16 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 17 | principal amount issued in all such bond issuances combined | ||||||
| 18 | must not exceed $47,500,000. | ||||||
| 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 those projects approved by the voters at an election | ||||||
| 23 | held on or after April 7, 2009. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-55) shall not be considered indebtedness for purposes of any | ||||||
| 26 | statutory debt limitation. Bonds issued under this subsection | ||||||
| |||||||
| |||||||
| 1 | (p-55) must mature within not to exceed 30 years from their | ||||||
| 2 | date, notwithstanding any other law to the contrary. | ||||||
| 3 | (p-60) In addition to all other authority to issue bonds, | ||||||
| 4 | Wilmington Community Unit School District Number 209-U may | ||||||
| 5 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 6 | $2,285,000, but only if all of the following conditions are | ||||||
| 7 | met: | ||||||
| 8 | (1) The proceeds of the bonds are used to accomplish | ||||||
| 9 | only those projects approved by the voters at the general | ||||||
| 10 | primary election held on March 21, 2006. | ||||||
| 11 | (2) Prior to the issuance of the bonds, the school | ||||||
| 12 | board determines, by resolution, that (i) the projects | ||||||
| 13 | approved by the voters were and are required because of the | ||||||
| 14 | age and condition of the school district's prior and | ||||||
| 15 | existing school buildings and (ii) the issuance of the | ||||||
| 16 | bonds is authorized by legislation 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 issuances | ||||||
| 20 | on or before March 1, 2011, but the aggregate principal | ||||||
| 21 | amount issued in all those bond issuances combined must not | ||||||
| 22 | exceed $2,285,000. | ||||||
| 23 | (4) The bonds are issued in accordance with this | ||||||
| 24 | Article. | ||||||
| 25 | The debt incurred on any bonds issued under this subsection | ||||||
| 26 | (p-60) shall not be considered indebtedness for purposes of any | ||||||
| |||||||
| |||||||
| 1 | statutory debt limitation. | ||||||
| 2 | (p-65) In addition to all other authority to issue bonds, | ||||||
| 3 | West Washington County Community Unit School District 10 may | ||||||
| 4 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 5 | $32,200,000 and maturing over a period not exceeding 25 years, | ||||||
| 6 | but only if all of the following conditions are met: | ||||||
| 7 | (1) The voters of the district approve a proposition | ||||||
| 8 | for the bond issuance at an election held on or after | ||||||
| 9 | February 2, 2010. | ||||||
| 10 | (2) Prior to the issuance of the bonds, the school | ||||||
| 11 | board determines, by resolution, that (A) all or a portion | ||||||
| 12 | of the existing Okawville Junior/Senior High School | ||||||
| 13 | Building will be demolished; (B) the building and equipping | ||||||
| 14 | of a new school building to be attached to and the | ||||||
| 15 | alteration, repair, and equipping of the remaining portion | ||||||
| 16 | of the Okawville Junior/Senior High School Building is | ||||||
| 17 | required because of the age and current condition of that | ||||||
| 18 | school building; and (C) the issuance of bonds is | ||||||
| 19 | authorized by a statute that exempts the debt incurred on | ||||||
| 20 | the bonds from the district's statutory debt limitation. | ||||||
| 21 | (3) The bonds are issued, in one or more bond | ||||||
| 22 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 23 | principal amount issued in all such bond issuances combined | ||||||
| 24 | must not exceed $32,200,000. | ||||||
| 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 those projects approved by the voters at an election | ||||||
| 3 | held on or after February 2, 2010. | ||||||
| 4 | The debt incurred on any bonds issued under this subsection | ||||||
| 5 | (p-65) shall not be considered indebtedness for purposes of any | ||||||
| 6 | statutory debt limitation. | ||||||
| 7 | (p-70) In addition to all other authority to issue bonds, | ||||||
| 8 | Cahokia Community Unit School District 187 may issue bonds with | ||||||
| 9 | an aggregate principal amount not to exceed $50,000,000, but | ||||||
| 10 | only if all 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 | ||||||
| 13 | November 2, 2010. | ||||||
| 14 | (2) Prior to the issuance of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (i) the building and | ||||||
| 16 | equipping of a new school building is required as a result | ||||||
| 17 | of the age and condition of an existing school building and | ||||||
| 18 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 19 | exempts the debt incurred on the bonds from the district's | ||||||
| 20 | statutory debt limitation. | ||||||
| 21 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 22 | or before July 1, 2016, but the aggregate principal amount | ||||||
| 23 | issued in all such bond issuances combined must not exceed | ||||||
| 24 | $50,000,000. | ||||||
| 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 those projects approved by the voters at an election | ||||||
| 3 | held on or after November 2, 2010. | ||||||
| 4 | The debt incurred on any bonds issued under this subsection | ||||||
| 5 | (p-70) shall not be considered indebtedness for purposes of any | ||||||
| 6 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 7 | (p-70) must mature within not to exceed 25 years from their | ||||||
| 8 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 9 | this Code, to the contrary. | ||||||
| 10 | (p-75) Notwithstanding the debt limitation prescribed in | ||||||
| 11 | subsection (a) of this Section
or any other provisions of this | ||||||
| 12 | Section or of any other law, the execution of leases on or
| ||||||
| 13 | after January 1, 2007 and before July 1, 2011 by the Board of | ||||||
| 14 | Education of Peoria School District 150 with a public building | ||||||
| 15 | commission for leases entered into pursuant to the Public
| ||||||
| 16 | Building Commission Act shall not be considered indebtedness | ||||||
| 17 | for purposes of any
statutory debt limitation. | ||||||
| 18 | This subsection (p-75) applies only if the State Board of | ||||||
| 19 | Education or the Capital Development Board makes one or more | ||||||
| 20 | grants to Peoria School District 150 pursuant to the School | ||||||
| 21 | Construction Law. The amount exempted from the debt limitation | ||||||
| 22 | as prescribed in this subsection (p-75) shall be no greater | ||||||
| 23 | than the amount of one or more grants awarded to Peoria School | ||||||
| 24 | District 150 by the State Board of Education or the Capital | ||||||
| 25 | Development Board. | ||||||
| 26 | (p-80) In addition to all other authority to issue bonds, | ||||||
| |||||||
| |||||||
| 1 | Ridgeland School District 122 may issue bonds with an aggregate | ||||||
| 2 | principal amount not to exceed $50,000,000 for the purpose of | ||||||
| 3 | refunding or continuing to refund bonds originally issued | ||||||
| 4 | pursuant to voter approval at the general election held on | ||||||
| 5 | November 7, 2000, and the debt incurred on any bonds issued | ||||||
| 6 | under this subsection (p-80) shall not be considered | ||||||
| 7 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 8 | Bonds issued under this subsection (p-80) may be issued in one | ||||||
| 9 | or more issuances and must mature within not to exceed 25 years | ||||||
| 10 | from their date, notwithstanding any other law, including | ||||||
| 11 | Section 19-3 of this Code, to the contrary. | ||||||
| 12 | (p-85) In addition to all other authority to issue bonds, | ||||||
| 13 | Hall High School District 502 may issue bonds with an aggregate | ||||||
| 14 | principal amount not to exceed $32,000,000, but only if all the | ||||||
| 15 | 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 April | ||||||
| 18 | 9, 2013. | ||||||
| 19 | (2) Prior to the issuance of the bonds, the school
| ||||||
| 20 | board determines, by resolution, that (i) the building and | ||||||
| 21 | equipping of a new school building is required as a result | ||||||
| 22 | of the age and condition of an existing school building, | ||||||
| 23 | (ii) the existing school building should be demolished in | ||||||
| 24 | its entirety or the existing school building should be | ||||||
| 25 | demolished except for the 1914 west wing of the building, | ||||||
| 26 | and (iii) the issuance of bonds is authorized by a statute | ||||||
| |||||||
| |||||||
| 1 | that exempts the debt incurred on the bonds from the | ||||||
| 2 | district's statutory debt limitation. | ||||||
| 3 | (3) The bonds are issued, in one or more issuances, not | ||||||
| 4 | later than 5 years after the date of the referendum | ||||||
| 5 | approving the issuance of the bonds, but the aggregate | ||||||
| 6 | principal amount issued in all such bond issuances combined | ||||||
| 7 | must not exceed $32,000,000. | ||||||
| 8 | (4) The bonds are issued in accordance with this
| ||||||
| 9 | Article. | ||||||
| 10 | (5) The proceeds of the bonds are used to accomplish
| ||||||
| 11 | only those projects approved by the voters at an election | ||||||
| 12 | held on or after April 9, 2013. | ||||||
| 13 | The debt incurred on any bonds issued under this subsection | ||||||
| 14 | (p-85) shall not be considered indebtedness for purposes of any | ||||||
| 15 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 16 | (p-85) must mature within not to exceed 30 years from their | ||||||
| 17 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 18 | this Code, to the contrary. | ||||||
| 19 | (p-90) In addition to all other authority to issue bonds, | ||||||
| 20 | Lebanon Community Unit School District 9 may issue bonds with | ||||||
| 21 | an aggregate principal amount not to exceed $7,500,000, but | ||||||
| 22 | only if all of the following conditions are met: | ||||||
| 23 | (1) The voters of the district approved a proposition | ||||||
| 24 | for the bond issuance at the general primary election on | ||||||
| 25 | February 2, 2010. | ||||||
| 26 | (2) At or prior to the time of the sale of the bonds, | ||||||
| |||||||
| |||||||
| 1 | the school board determines, by resolution, that (i) the | ||||||
| 2 | building and equipping of a new elementary school building | ||||||
| 3 | is required as a result of a projected increase in the | ||||||
| 4 | enrollment of students in the district and the age and | ||||||
| 5 | condition of the existing Lebanon Elementary School | ||||||
| 6 | building, (ii) a portion of the existing Lebanon Elementary | ||||||
| 7 | School building will be demolished and the remaining | ||||||
| 8 | portion will be altered, repaired, and equipped, and (iii) | ||||||
| 9 | the sale 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 bond | ||||||
| 13 | issuances, on or before April 1, 2014, but the aggregate | ||||||
| 14 | principal amount issued in all such bond issuances combined | ||||||
| 15 | must not exceed $7,500,000. | ||||||
| 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 those projects approved by the voters at the general | ||||||
| 20 | primary election held on February 2, 2010. | ||||||
| 21 | The debt incurred on any bonds issued under this subsection | ||||||
| 22 | (p-90) shall not be considered indebtedness for purposes of any | ||||||
| 23 | statutory debt limitation. | ||||||
| 24 | (p-95) In addition to all other authority to issue bonds, | ||||||
| 25 | Monticello Community Unit School District 25 may issue bonds | ||||||
| 26 | with an aggregate principal amount not to exceed $35,000,000, | ||||||
| |||||||
| |||||||
| 1 | but only if all of the following conditions are met: | ||||||
| 2 | (1) The voters of the district approve a proposition | ||||||
| 3 | for the bond issuance at an election held on or after | ||||||
| 4 | November 4, 2014. | ||||||
| 5 | (2) Prior to the issuance of the bonds, the school | ||||||
| 6 | board determines, by resolution, that (i) the building and | ||||||
| 7 | equipping of a new school building is required as a result | ||||||
| 8 | of the age and condition of an existing school building and | ||||||
| 9 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 10 | exempts 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, on | ||||||
| 13 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 14 | issued in all such bond issuances combined must not exceed | ||||||
| 15 | $35,000,000. | ||||||
| 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 those projects approved by the voters at an election | ||||||
| 20 | held on or after November 4, 2014. | ||||||
| 21 | The debt incurred on any bonds issued under this subsection | ||||||
| 22 | (p-95) shall not be considered indebtedness for purposes of any | ||||||
| 23 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 24 | (p-95) must mature within not to exceed 25 years from their | ||||||
| 25 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 26 | this Code, to the contrary. | ||||||
| |||||||
| |||||||
| 1 | (p-100) (p-95) In addition to all other authority to issue | ||||||
| 2 | bonds, the community unit school district created in the | ||||||
| 3 | territory comprising Milford Community Consolidated School | ||||||
| 4 | District 280 and Milford Township High School District 233, as | ||||||
| 5 | approved at the general primary election held on March 18, | ||||||
| 6 | 2014, may issue bonds with an aggregate principal amount not to | ||||||
| 7 | exceed $17,500,000, but only if all the following conditions | ||||||
| 8 | 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 4, 2014. | ||||||
| 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 and | ||||||
| 16 | (ii) 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, on | ||||||
| 20 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 21 | issued in all such bond issuances combined must not exceed | ||||||
| 22 | $17,500,000. | ||||||
| 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 4, 2014. | ||||||
| 2 | The debt incurred on any bonds issued under this subsection | ||||||
| 3 | (p-100) (p-95) shall not be considered indebtedness for | ||||||
| 4 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 5 | this subsection (p-100) (p-95) must mature within not to exceed | ||||||
| 6 | 25 years from their date, notwithstanding any other law, | ||||||
| 7 | including Section 19-3 of this Code, to the contrary. | ||||||
| 8 | (q) A school district must notify the State Board of | ||||||
| 9 | Education prior to issuing any form of long-term or short-term | ||||||
| 10 | debt that will result in outstanding debt that exceeds 75% of | ||||||
| 11 | the debt limit specified in this Section or any other provision | ||||||
| 12 | of law.
| ||||||
| 13 | (Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12; | ||||||
| 14 | 97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff. | ||||||
| 15 | 8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
| ||||||
| 16 | (105 ILCS 5/21B-20) | ||||||
| 17 | Sec. 21B-20. Types of licenses. Before July 1, 2013, the | ||||||
| 18 | State Board of Education shall implement a system of educator | ||||||
| 19 | licensure, whereby individuals employed in school districts | ||||||
| 20 | who are required to be licensed must have one of the following | ||||||
| 21 | licenses: (i) a professional educator license; (ii) a | ||||||
| 22 | professional educator license with stipulations; or (iii) a | ||||||
| 23 | substitute teaching license. References in law regarding | ||||||
| 24 | individuals certified or certificated or required to be | ||||||
| 25 | certified or certificated under Article 21 of this Code shall | ||||||
| |||||||
| |||||||
| 1 | also include individuals licensed or required to be licensed | ||||||
| 2 | under this Article. The first year of all licenses ends on June | ||||||
| 3 | 30 following one full year of the license being issued. | ||||||
| 4 | The State Board of Education, in consultation with the | ||||||
| 5 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 6 | rules as may be necessary to govern the requirements for | ||||||
| 7 | licenses and endorsements under this Section. | ||||||
| 8 | (1) Professional Educator License. Persons who (i) | ||||||
| 9 | have successfully completed an approved educator | ||||||
| 10 | preparation program and are recommended for licensure by | ||||||
| 11 | the Illinois institution offering the educator preparation | ||||||
| 12 | program, (ii) have successfully completed the required | ||||||
| 13 | testing under Section 21B-30 of this Code, (iii) have | ||||||
| 14 | successfully completed coursework on the psychology of, | ||||||
| 15 | the identification of, and the methods of instruction for | ||||||
| 16 | the exceptional child, including without limitation | ||||||
| 17 | children with learning disabilities the learning disabled, | ||||||
| 18 | (iv) have successfully completed coursework in methods of | ||||||
| 19 | reading and reading in the content area, and (v) have met | ||||||
| 20 | all other criteria established by rule of the State Board | ||||||
| 21 | of Education shall be issued a Professional Educator | ||||||
| 22 | License. All Professional Educator Licenses are valid | ||||||
| 23 | until June 30 immediately following 5 years of the license | ||||||
| 24 | being issued. The Professional Educator License shall be | ||||||
| 25 | endorsed with specific areas and grade levels in which the | ||||||
| 26 | individual is eligible to practice. | ||||||
| |||||||
| |||||||
| 1 | Individuals can receive subsequent endorsements on the | ||||||
| 2 | Professional Educator License. Subsequent endorsements | ||||||
| 3 | shall require a minimum of 24 semester hours of coursework | ||||||
| 4 | in the endorsement area, unless otherwise specified by | ||||||
| 5 | rule, and passage of the applicable content area test. | ||||||
| 6 | (2) Educator License with Stipulations. An Educator | ||||||
| 7 | License with Stipulations shall be issued an endorsement | ||||||
| 8 | that limits the license holder to one particular position | ||||||
| 9 | or does not require completion of an approved educator | ||||||
| 10 | program or both. | ||||||
| 11 | An individual with an Educator License with | ||||||
| 12 | Stipulations must not be employed by a school district or | ||||||
| 13 | any other entity to replace any presently employed teacher | ||||||
| 14 | who otherwise would not be replaced for any reason. | ||||||
| 15 | An Educator License with Stipulations may be issued | ||||||
| 16 | with the following endorsements: | ||||||
| 17 | (A) Provisional educator. A provisional educator | ||||||
| 18 | endorsement in a specific content area or areas on an | ||||||
| 19 | Educator License with Stipulations may be issued to an | ||||||
| 20 | applicant who holds an educator license with a minimum | ||||||
| 21 | of 15 semester hours in content coursework from another | ||||||
| 22 | state, U.S. territory, or foreign country and who, at | ||||||
| 23 | the time of applying for an Illinois license, does not | ||||||
| 24 | meet the minimum requirements under Section 21B-35 of | ||||||
| 25 | this Code, but does, at a minimum, meet both of the | ||||||
| 26 | following requirements: | ||||||
| |||||||
| |||||||
| 1 | (i) Holds the equivalent of a minimum of a | ||||||
| 2 | bachelor's degree, unless a master's degree is | ||||||
| 3 | required for the endorsement, from a regionally | ||||||
| 4 | accredited college or university or, for | ||||||
| 5 | individuals educated in a country other than the | ||||||
| 6 | United States, the equivalent of a minimum of a | ||||||
| 7 | bachelor's degree issued in the United States, | ||||||
| 8 | unless a master's degree is required for the | ||||||
| 9 | endorsement. | ||||||
| 10 | (ii) Has passed a test of basic skills and | ||||||
| 11 | content area test, as required by Section 21B-30 of | ||||||
| 12 | this Code. | ||||||
| 13 | However, a provisional educator endorsement for | ||||||
| 14 | principals may not be issued, nor may any person with a | ||||||
| 15 | provisional educator endorsement serve as a principal | ||||||
| 16 | in a public school in this State. In addition, | ||||||
| 17 | out-of-state applicants shall not receive a | ||||||
| 18 | provisional educator endorsement if the person | ||||||
| 19 | completed an alternative licensure program in another | ||||||
| 20 | state, unless the program has been determined to be | ||||||
| 21 | equivalent to Illinois program requirements. | ||||||
| 22 | Notwithstanding any other requirements of this | ||||||
| 23 | Section, a service member or spouse of a service member | ||||||
| 24 | may obtain a Professional Educator License with | ||||||
| 25 | Stipulations, and a provisional educator endorsement | ||||||
| 26 | in a specific content area or areas, if he or she holds | ||||||
| |||||||
| |||||||
| 1 | a valid teaching certificate or license in good | ||||||
| 2 | standing from another state, meets the qualifications | ||||||
| 3 | of educators outlined in Section 21B-15 of this Code, | ||||||
| 4 | and has not engaged in any misconduct that would | ||||||
| 5 | prohibit an individual from obtaining a license | ||||||
| 6 | pursuant to Illinois law, including without limitation | ||||||
| 7 | any administrative rules of the State Board of | ||||||
| 8 | Education; however, the service member or spouse may | ||||||
| 9 | not serve as a principal under the Professional | ||||||
| 10 | Educator License with Stipulations or provisional | ||||||
| 11 | educator endorsement. | ||||||
| 12 | In this Section, "service member" means any person | ||||||
| 13 | who, at the time of application under this Section, is | ||||||
| 14 | an active duty member of the United States Armed Forces | ||||||
| 15 | or any reserve component of the United States Armed | ||||||
| 16 | Forces or the National Guard of any state, | ||||||
| 17 | commonwealth, or territory of the United States or the | ||||||
| 18 | District of Columbia. | ||||||
| 19 | A provisional educator endorsement is valid until | ||||||
| 20 | June 30 immediately following 2 years of the license | ||||||
| 21 | being issued, during which time any remaining testing | ||||||
| 22 | and coursework deficiencies must be met. Failure to | ||||||
| 23 | satisfy all stated deficiencies shall mean the | ||||||
| 24 | individual, including any service member or spouse who | ||||||
| 25 | has obtained a Professional Educator License with | ||||||
| 26 | Stipulations and a provisional educator endorsement in | ||||||
| |||||||
| |||||||
| 1 | a specific content area or areas, is ineligible to | ||||||
| 2 | receive a Professional Educator License at that time. A | ||||||
| 3 | provisional educator endorsement on an Educator | ||||||
| 4 | License with Stipulations shall not be renewed. | ||||||
| 5 | (B) Alternative provisional educator. An | ||||||
| 6 | alternative provisional educator endorsement on an | ||||||
| 7 | Educator License with Stipulations may be issued to an | ||||||
| 8 | applicant who, at the time of applying for the | ||||||
| 9 | endorsement, has done all of the following: | ||||||
| 10 | (i) Graduated from a regionally accredited | ||||||
| 11 | college or university with a minimum of a | ||||||
| 12 | bachelor's degree. | ||||||
| 13 | (ii) Successfully completed the first phase of | ||||||
| 14 | the Alternative Educator Licensure Program for | ||||||
| 15 | Teachers, as described in Section 21B-50 of this | ||||||
| 16 | Code. | ||||||
| 17 | (iii) Passed a test of basic skills and content | ||||||
| 18 | area test, as required under Section 21B-30 of this | ||||||
| 19 | Code. | ||||||
| 20 | The alternative provisional educator endorsement | ||||||
| 21 | is valid for 2 years of teaching and may be renewed for | ||||||
| 22 | a third year by an individual meeting the requirements | ||||||
| 23 | set forth in Section 21B-50 of this Code. | ||||||
| 24 | (C) Alternative provisional superintendent. An | ||||||
| 25 | alternative provisional superintendent endorsement on | ||||||
| 26 | an Educator License with Stipulations entitles the | ||||||
| |||||||
| |||||||
| 1 | holder to serve only as a superintendent or assistant | ||||||
| 2 | superintendent in a school district's central office. | ||||||
| 3 | This endorsement may only be issued to an applicant | ||||||
| 4 | who, at the time of applying for the endorsement, has | ||||||
| 5 | done all of the following: | ||||||
| 6 | (i) Graduated from a regionally accredited | ||||||
| 7 | college or university with a minimum of a master's | ||||||
| 8 | degree in a management field other than education. | ||||||
| 9 | (ii) Been employed for a period of at least 5 | ||||||
| 10 | years in a management level position in a field | ||||||
| 11 | other than education. | ||||||
| 12 | (iii) Successfully completed the first phase | ||||||
| 13 | of an alternative route to superintendent | ||||||
| 14 | endorsement program, as provided in Section 21B-55 | ||||||
| 15 | of this Code. | ||||||
| 16 | (iv) Passed a test of basic skills and content | ||||||
| 17 | area tests required under Section 21B-30 of this | ||||||
| 18 | Code. | ||||||
| 19 | The endorsement may be registered for 2 fiscal | ||||||
| 20 | years in order to complete one full year of serving as | ||||||
| 21 | a superintendent or assistant superintendent. | ||||||
| 22 | (D) Resident teacher endorsement. A resident | ||||||
| 23 | teacher endorsement on an Educator License with | ||||||
| 24 | Stipulations may be issued to an applicant who, at the | ||||||
| 25 | time of applying for the endorsement, has done all of | ||||||
| 26 | the following: | ||||||
| |||||||
| |||||||
| 1 | (i) Graduated from a regionally accredited | ||||||
| 2 | institution of higher education with a minimum of a | ||||||
| 3 | bachelor's degree. | ||||||
| 4 | (ii) Enrolled in an approved Illinois educator | ||||||
| 5 | preparation program. | ||||||
| 6 | (iii) Passed a test of basic skills and content | ||||||
| 7 | area test, as required under Section 21B-30 of this | ||||||
| 8 | Code. | ||||||
| 9 | The resident teacher endorsement on an Educator | ||||||
| 10 | License with Stipulations is valid for 4 years of | ||||||
| 11 | teaching and shall not be renewed. | ||||||
| 12 | A resident teacher may teach only under the | ||||||
| 13 | direction of a licensed teacher, who shall act as the | ||||||
| 14 | resident mentor teacher, and may not teach in place of | ||||||
| 15 | a licensed teacher.
A resident teacher endorsement on | ||||||
| 16 | an Educator License with Stipulations shall no longer | ||||||
| 17 | be valid after June 30, 2017. | ||||||
| 18 | (E) Career and technical educator. A career and | ||||||
| 19 | technical educator endorsement on an Educator License | ||||||
| 20 | with Stipulations may be issued to an applicant who has | ||||||
| 21 | a minimum of 60 semester hours of coursework from a | ||||||
| 22 | regionally accredited institution of higher education | ||||||
| 23 | and has a minimum of 2,000 hours of experience in the | ||||||
| 24 | last 10 years outside of education in each area to be | ||||||
| 25 | taught. | ||||||
| 26 | The career and technical educator endorsement on | ||||||
| |||||||
| |||||||
| 1 | an Educator License with Stipulations is valid until | ||||||
| 2 | June 30 immediately following 5 years of the | ||||||
| 3 | endorsement being issued and may be renewed if the | ||||||
| 4 | individual passes a test of basic skills, as required | ||||||
| 5 | under Section 21B-30 of this Code. | ||||||
| 6 | (F) Part-time provisional career and technical | ||||||
| 7 | educator or provisional career and technical educator. | ||||||
| 8 | A part-time provisional career and technical educator | ||||||
| 9 | endorsement or a provisional career and technical | ||||||
| 10 | educator endorsement on an Educator License with | ||||||
| 11 | Stipulations may be issued to an applicant who has a | ||||||
| 12 | minimum of 8,000 hours of work experience in the skill | ||||||
| 13 | for which the applicant is seeking the endorsement. It | ||||||
| 14 | is the responsibility of each employing school board | ||||||
| 15 | and regional office of education to provide | ||||||
| 16 | verification, in writing, to the State Superintendent | ||||||
| 17 | of Education at the time the application is submitted | ||||||
| 18 | that no qualified teacher holding a Professional | ||||||
| 19 | Educator License or an Educator License with | ||||||
| 20 | Stipulations with a career and technical educator | ||||||
| 21 | endorsement is available and that actual circumstances | ||||||
| 22 | require such issuance. | ||||||
| 23 | The provisional career and technical educator | ||||||
| 24 | endorsement on an Educator License with Stipulations | ||||||
| 25 | is valid until June 30 immediately following 5 years of | ||||||
| 26 | the endorsement being issued and may be renewed only | ||||||
| |||||||
| |||||||
| 1 | one time for 5 years if the individual passes a test of | ||||||
| 2 | basic skills, as required under Section 21B-30 of this | ||||||
| 3 | Code, and has completed a minimum of 20 semester hours | ||||||
| 4 | from a regionally accredited institution. | ||||||
| 5 | A part-time provisional career and technical | ||||||
| 6 | educator endorsement on an Educator License with | ||||||
| 7 | Stipulations may be issued for teaching no more than 2 | ||||||
| 8 | courses of study for grades 6 through 12. The part-time | ||||||
| 9 | provisional career and technical educator endorsement | ||||||
| 10 | on an Educator License with Stipulations is valid until | ||||||
| 11 | June 30 immediately following 5 years of the | ||||||
| 12 | endorsement being issued and may be renewed for 5 years | ||||||
| 13 | if the individual makes application for renewal. | ||||||
| 14 | (G) Transitional bilingual educator. A | ||||||
| 15 | transitional bilingual educator endorsement on an | ||||||
| 16 | Educator License with Stipulations may be issued for | ||||||
| 17 | the purpose of providing instruction in accordance | ||||||
| 18 | with Article 14C of this Code to an applicant who | ||||||
| 19 | provides satisfactory evidence that he or she meets all | ||||||
| 20 | of the following requirements: | ||||||
| 21 | (i) Possesses adequate speaking, reading, and | ||||||
| 22 | writing ability in the language other than English | ||||||
| 23 | in which transitional bilingual education is | ||||||
| 24 | offered. | ||||||
| 25 | (ii) Has the ability to successfully | ||||||
| 26 | communicate in English. | ||||||
| |||||||
| |||||||
| 1 | (iii) Either possessed, within 5 years | ||||||
| 2 | previous to his or her applying for a transitional | ||||||
| 3 | bilingual educator endorsement, a valid and | ||||||
| 4 | comparable teaching certificate or comparable | ||||||
| 5 | authorization issued by a foreign country or holds | ||||||
| 6 | a degree from an institution of higher learning in | ||||||
| 7 | a foreign country that the State Educator | ||||||
| 8 | Preparation and Licensure Board determines to be | ||||||
| 9 | the equivalent of a bachelor's degree from a | ||||||
| 10 | regionally accredited institution of higher | ||||||
| 11 | learning in the United States. | ||||||
| 12 | A transitional bilingual educator endorsement | ||||||
| 13 | shall be valid for prekindergarten through grade 12, is | ||||||
| 14 | valid until June 30 immediately following 5 years of | ||||||
| 15 | the endorsement being issued, and shall not be renewed. | ||||||
| 16 | Persons holding a transitional bilingual educator | ||||||
| 17 | endorsement shall not be employed to replace any | ||||||
| 18 | presently employed teacher who otherwise would not be | ||||||
| 19 | replaced for any reason. | ||||||
| 20 | (H) Language endorsement. In an effort to | ||||||
| 21 | alleviate the shortage of teachers speaking a language | ||||||
| 22 | other than English in the public schools, an individual | ||||||
| 23 | who holds an Educator License with Stipulations may | ||||||
| 24 | also apply for a language endorsement, provided that | ||||||
| 25 | the applicant provides satisfactory evidence that he | ||||||
| 26 | or she meets all of the following requirements: | ||||||
| |||||||
| |||||||
| 1 | (i) Holds a transitional bilingual | ||||||
| 2 | endorsement. | ||||||
| 3 | (ii) Has demonstrated proficiency in the | ||||||
| 4 | language for which the endorsement is to be issued | ||||||
| 5 | by passing the applicable language content test | ||||||
| 6 | required by the State Board of Education. | ||||||
| 7 | (iii) Holds a bachelor's degree or higher from | ||||||
| 8 | a regionally accredited institution of higher | ||||||
| 9 | education or, for individuals educated in a | ||||||
| 10 | country other than the United States, holds a | ||||||
| 11 | degree from an institution of higher learning in a | ||||||
| 12 | foreign country that the State Educator | ||||||
| 13 | Preparation and Licensure Board determines to be | ||||||
| 14 | the equivalent of a bachelor's degree from a | ||||||
| 15 | regionally accredited institution of higher | ||||||
| 16 | learning in the United States. | ||||||
| 17 | (iv) Has passed a test of basic skills, as | ||||||
| 18 | required under Section 21B-30 of this Code. | ||||||
| 19 | A language endorsement on an Educator License with | ||||||
| 20 | Stipulations is valid for prekindergarten through | ||||||
| 21 | grade 12 for the same validity period as the | ||||||
| 22 | individual's transitional bilingual educator | ||||||
| 23 | endorsement on the Educator License with Stipulations | ||||||
| 24 | and shall not be renewed. | ||||||
| 25 | (I) Visiting international educator. A visiting | ||||||
| 26 | international educator endorsement on an Educator | ||||||
| |||||||
| |||||||
| 1 | License with Stipulations may be issued to an | ||||||
| 2 | individual who is being recruited by a particular | ||||||
| 3 | school district that conducts formal recruitment | ||||||
| 4 | programs outside of the United States to secure the | ||||||
| 5 | services of qualified teachers and who meets all of the | ||||||
| 6 | following requirements: | ||||||
| 7 | (i) Holds the equivalent of a minimum of a | ||||||
| 8 | bachelor's degree issued in the United States. | ||||||
| 9 | (ii) Has been prepared as a teacher at the | ||||||
| 10 | grade level for which he or she will be employed. | ||||||
| 11 | (iii) Has adequate content knowledge in the | ||||||
| 12 | subject to be taught. | ||||||
| 13 | (iv) Has an adequate command of the English | ||||||
| 14 | language. | ||||||
| 15 | A holder of a visiting international educator | ||||||
| 16 | endorsement on an Educator License with Stipulations | ||||||
| 17 | shall be permitted to teach in bilingual education | ||||||
| 18 | programs in the language that was the medium of | ||||||
| 19 | instruction in his or her teacher preparation program, | ||||||
| 20 | provided that he or she passes the English Language | ||||||
| 21 | Proficiency Examination or another test of writing | ||||||
| 22 | skills in English identified by the State Board of | ||||||
| 23 | Education, in consultation with the State Educator | ||||||
| 24 | Preparation and Licensure Board. | ||||||
| 25 | A visiting international educator endorsement on | ||||||
| 26 | an Educator License with Stipulations is valid for 3 | ||||||
| |||||||
| |||||||
| 1 | years and shall not be renewed. | ||||||
| 2 | (J) Paraprofessional educator. A paraprofessional | ||||||
| 3 | educator endorsement on an Educator License with | ||||||
| 4 | Stipulations may be issued to an applicant who holds a | ||||||
| 5 | high school diploma or its recognized equivalent and | ||||||
| 6 | either holds an associate's degree or a minimum of 60 | ||||||
| 7 | semester hours of credit from a regionally accredited | ||||||
| 8 | institution of higher education or has passed a test of | ||||||
| 9 | basic skills required under Section 21B-30 of this | ||||||
| 10 | Code. The paraprofessional educator endorsement is | ||||||
| 11 | valid until June 30 immediately following 5 years of | ||||||
| 12 | the endorsement being issued and may be renewed through | ||||||
| 13 | application and payment of the appropriate fee, as | ||||||
| 14 | required under Section 21B-40 of this Code. An | ||||||
| 15 | individual who holds only a paraprofessional educator | ||||||
| 16 | endorsement is not subject to additional requirements | ||||||
| 17 | in order to renew the endorsement. | ||||||
| 18 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
| 19 | License may be issued to qualified applicants for | ||||||
| 20 | substitute teaching in all grades of the public schools, | ||||||
| 21 | prekindergarten through grade 12. Substitute Teaching | ||||||
| 22 | Licenses are not eligible for endorsements. Applicants for | ||||||
| 23 | a Substitute Teaching License must hold a bachelor's degree | ||||||
| 24 | or higher from a regionally accredited institution of | ||||||
| 25 | higher education. | ||||||
| 26 | Substitute Teaching Licenses are valid for 5 years and | ||||||
| |||||||
| |||||||
| 1 | may be renewed if the individual has passed a test of basic | ||||||
| 2 | skills, as authorized under Section 21B-30 of this Code. An | ||||||
| 3 | individual who has passed a test of basic skills for the | ||||||
| 4 | first licensure renewal is not required to retake the test | ||||||
| 5 | again for further renewals. | ||||||
| 6 | Substitute Teaching Licenses are valid for substitute | ||||||
| 7 | teaching in every county of this State. If an individual | ||||||
| 8 | has had his or her Professional Educator License or | ||||||
| 9 | Educator License with Stipulations suspended or revoked or | ||||||
| 10 | has not met the renewal requirements for licensure, then | ||||||
| 11 | that individual is not eligible to obtain a Substitute | ||||||
| 12 | Teaching License. | ||||||
| 13 | A substitute teacher may only teach in the place of a | ||||||
| 14 | licensed teacher who is under contract with the employing | ||||||
| 15 | board. If, however, there is no licensed teacher under | ||||||
| 16 | contract because of an emergency situation, then a district | ||||||
| 17 | may employ a substitute teacher for no longer than 30 | ||||||
| 18 | calendar days per each vacant position in the district if | ||||||
| 19 | the district notifies the appropriate regional office of | ||||||
| 20 | education within 5 business days after the employment of | ||||||
| 21 | the substitute teacher in the emergency situation. An | ||||||
| 22 | emergency situation is one in which an unforeseen vacancy | ||||||
| 23 | has occurred and (i) a teacher is unable to fulfill his or | ||||||
| 24 | her contractual duties or (ii) teacher capacity needs of | ||||||
| 25 | the district exceed previous indications, and the district | ||||||
| 26 | is actively engaged in advertising to hire a fully licensed | ||||||
| |||||||
| |||||||
| 1 | teacher for the vacant position. | ||||||
| 2 | There is no limit on the number of days that a | ||||||
| 3 | substitute teacher may teach in a single school district, | ||||||
| 4 | provided that no substitute teacher may teach for longer | ||||||
| 5 | than 90 school days for any one licensed teacher under | ||||||
| 6 | contract in the same school year. A substitute teacher who | ||||||
| 7 | holds a Professional Educator License or Educator License | ||||||
| 8 | with Stipulations shall not teach for more than 120 school | ||||||
| 9 | days for any one licensed teacher under contract in the | ||||||
| 10 | same school year. The limitations in this paragraph (3) on | ||||||
| 11 | the number of days a substitute teacher may be employed do | ||||||
| 12 | not apply to any school district operating under Article 34 | ||||||
| 13 | of this Code.
| ||||||
| 14 | (Source: P.A. 97-607, eff. 8-26-11; 97-710, eff. 1-1-13; 98-28, | ||||||
| 15 | eff. 7-1-13; 98-751, eff. 1-1-15.)
| ||||||
| 16 | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
| ||||||
| 17 | Sec. 30-14.2. MIA/POW scholarships.
| ||||||
| 18 | (a) Any spouse, natural child, legally adopted child, or | ||||||
| 19 | any
step-child of an eligible veteran or serviceperson who | ||||||
| 20 | possesses all necessary
entrance requirements shall, upon | ||||||
| 21 | application and proper proof, be awarded
a MIA/POW Scholarship | ||||||
| 22 | consisting of the equivalent of 4 calendar years of
full-time | ||||||
| 23 | enrollment including summer terms, to the state supported
| ||||||
| 24 | Illinois institution of higher learning of his choice, subject | ||||||
| 25 | to the
restrictions listed below.
| ||||||
| |||||||
| |||||||
| 1 | "Eligible veteran or serviceperson" means any veteran or | ||||||
| 2 | serviceperson, including an Illinois National Guard member who | ||||||
| 3 | is on active duty or is active on a training assignment,
who | ||||||
| 4 | has been declared by the U.S. Department of Defense or the
U.S. | ||||||
| 5 | Department of Veterans' Affairs to be a prisoner of war, be | ||||||
| 6 | missing
in action, have died as the result of a | ||||||
| 7 | service-connected disability or have become a person with a | ||||||
| 8 | permanent disability be
permanently disabled from | ||||||
| 9 | service-connected causes with 100% disability and
who (i) at | ||||||
| 10 | the time of entering service was an Illinois resident, (ii) was | ||||||
| 11 | an
Illinois resident within 6 months after entering such | ||||||
| 12 | service, or (iii) until July 1, 2014, became an Illinois | ||||||
| 13 | resident within 6 months after leaving the service and can | ||||||
| 14 | establish at least 30 years of continuous residency in the | ||||||
| 15 | State of Illinois.
| ||||||
| 16 | Full-time enrollment means 12 or more semester hours of | ||||||
| 17 | courses per semester,
or 12 or more quarter hours of courses | ||||||
| 18 | per quarter, or the equivalent thereof
per term. Scholarships | ||||||
| 19 | utilized by dependents enrolled in less than full-time
study | ||||||
| 20 | shall be computed in the proportion which the number of hours | ||||||
| 21 | so carried
bears to full-time enrollment.
| ||||||
| 22 | Scholarships awarded under this Section may be used by a | ||||||
| 23 | spouse or child
without regard to his or her age. The holder of | ||||||
| 24 | a Scholarship
awarded under this Section shall be subject to | ||||||
| 25 | all examinations and academic
standards, including the | ||||||
| 26 | maintenance of minimum grade levels, that are
applicable | ||||||
| |||||||
| |||||||
| 1 | generally to other enrolled students at the Illinois | ||||||
| 2 | institution of
higher learning where the Scholarship is being | ||||||
| 3 | used.
If the surviving spouse
remarries or if there is a | ||||||
| 4 | divorce between the veteran or serviceperson and
his or her | ||||||
| 5 | spouse while the dependent is pursuing his or her course of
| ||||||
| 6 | study, Scholarship benefits will be terminated at the end of | ||||||
| 7 | the term for
which he or she is presently enrolled. Such | ||||||
| 8 | dependents shall also be
entitled, upon proper proof and | ||||||
| 9 | application, to enroll in any extension
course offered by a | ||||||
| 10 | State supported Illinois institution of higher learning
| ||||||
| 11 | without payment of tuition and approved fees.
| ||||||
| 12 | The holder of a MIA/POW Scholarship authorized under this | ||||||
| 13 | Section shall
not be required to pay any matriculation or | ||||||
| 14 | application fees, tuition,
activities fees, graduation fees or | ||||||
| 15 | other fees, except multipurpose
building fees or similar fees | ||||||
| 16 | for supplies and materials.
| ||||||
| 17 | Any dependent who has been or shall be awarded a MIA/POW | ||||||
| 18 | Scholarship shall
be reimbursed by the appropriate institution | ||||||
| 19 | of higher learning for any
fees which he or she has paid and | ||||||
| 20 | for which exemption is granted under this
Section if | ||||||
| 21 | application for reimbursement is made within 2 months following
| ||||||
| 22 | the end of the school term for which the fees were paid.
| ||||||
| 23 | (b) In lieu of the benefit provided in subsection (a), any | ||||||
| 24 | spouse,
natural child, legally adopted child, or step-child of | ||||||
| 25 | an eligible veteran
or serviceperson, which spouse or child has | ||||||
| 26 | a physical, mental or
developmental disability, shall be | ||||||
| |||||||
| |||||||
| 1 | entitled to receive, upon application and
proper proof, a | ||||||
| 2 | benefit to be used for the purpose of defraying the cost of
the | ||||||
| 3 | attendance or treatment of such spouse or child at one or more
| ||||||
| 4 | appropriate therapeutic, rehabilitative or educational | ||||||
| 5 | facilities. The
application and proof may be made by the parent | ||||||
| 6 | or legal guardian of the
spouse or child on his or her behalf.
| ||||||
| 7 | The total benefit provided to any beneficiary under this | ||||||
| 8 | subsection shall
not exceed the cost equivalent of 4 calendar | ||||||
| 9 | years of full-time enrollment,
including summer terms, at the | ||||||
| 10 | University of Illinois. Whenever
practicable in the opinion of | ||||||
| 11 | the Department of Veterans' Affairs, payment
of benefits under | ||||||
| 12 | this subsection shall be made directly to the facility,
the | ||||||
| 13 | cost of attendance or treatment at which is being defrayed, as | ||||||
| 14 | such
costs accrue.
| ||||||
| 15 | (c) The benefits of this Section shall be administered by | ||||||
| 16 | and paid for out
of funds made available to the Illinois | ||||||
| 17 | Department of Veterans' Affairs.
The amounts that become due to | ||||||
| 18 | any state supported Illinois institution of
higher learning | ||||||
| 19 | shall be payable by the Comptroller to such institution on
| ||||||
| 20 | vouchers approved by the Illinois Department of Veterans' | ||||||
| 21 | Affairs. The
amounts that become due under subsection (b) of | ||||||
| 22 | this Section shall be
payable by warrant upon vouchers issued | ||||||
| 23 | by the Illinois Department of
Veterans' Affairs and approved by | ||||||
| 24 | the Comptroller. The Illinois Department
of Veterans' Affairs | ||||||
| 25 | shall determine the eligibility of the persons
who make | ||||||
| 26 | application for the benefits provided for in this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
| ||||||
| 2 | (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
| ||||||
| 3 | Sec. 34-2.4. School improvement plan. A 3 year local school
| ||||||
| 4 | improvement plan shall be developed and implemented at each | ||||||
| 5 | attendance center.
This plan shall reflect the overriding | ||||||
| 6 | purpose of the attendance center to
improve educational | ||||||
| 7 | quality. The local school principal shall develop a
school | ||||||
| 8 | improvement plan in consultation with the local school council, | ||||||
| 9 | all
categories of school staff, parents and community | ||||||
| 10 | residents. Once the plan
is developed, reviewed by the | ||||||
| 11 | professional personnel leadership committee,
and approved by | ||||||
| 12 | the local school council, the
principal shall be responsible | ||||||
| 13 | for directing implementation of the plan,
and the local school | ||||||
| 14 | council shall monitor its implementation. After the
| ||||||
| 15 | termination of the initial 3 year plan, a new 3 year plan shall | ||||||
| 16 | be
developed and modified as appropriate on an annual basis.
| ||||||
| 17 | The school improvement plan shall be designed to achieve | ||||||
| 18 | priority goals
including but not limited to:
| ||||||
| 19 | (a) assuring that students show significant progress | ||||||
| 20 | toward meeting and
exceeding State performance standards | ||||||
| 21 | in State mandated learning areas,
including the mastery of | ||||||
| 22 | higher order thinking skills in
these areas;
| ||||||
| 23 | (b) assuring that students attend school regularly and | ||||||
| 24 | graduate from
school at such rates that the district | ||||||
| 25 | average equals or surpasses national
norms;
| ||||||
| |||||||
| |||||||
| 1 | (c) assuring that students are adequately prepared for | ||||||
| 2 | and aided in
making a successful transition to further | ||||||
| 3 | education and life experience;
| ||||||
| 4 | (d) assuring that students are adequately prepared for
| ||||||
| 5 | and aided in making a successful transition to employment; | ||||||
| 6 | and
| ||||||
| 7 | (e) assuring that students are, to the maximum extent | ||||||
| 8 | possible, provided
with a common learning experience that | ||||||
| 9 | is of high academic quality and that
reflects high | ||||||
| 10 | expectations for all students' capacities to learn.
| ||||||
| 11 | With respect to these priority goals, the school | ||||||
| 12 | improvement plan shall
include but not be limited to the | ||||||
| 13 | following:
| ||||||
| 14 | (a) an analysis of data collected in the attendance | ||||||
| 15 | center and community
indicating the specific strengths and | ||||||
| 16 | weaknesses of the attendance center
in light of the goals | ||||||
| 17 | specified above, including data and analysis specified
by | ||||||
| 18 | the State Board of Education pertaining to specific | ||||||
| 19 | measurable outcomes for
student performance, the | ||||||
| 20 | attendance centers, and their instructional
programs;
| ||||||
| 21 | (b) a description of specific annual objectives the | ||||||
| 22 | attendance center
will pursue in achieving the goals | ||||||
| 23 | specified above;
| ||||||
| 24 | (c) a description of the specific activities the | ||||||
| 25 | attendance center will
undertake to achieve its | ||||||
| 26 | objectives;
| ||||||
| |||||||
| |||||||
| 1 | (d) an analysis of the attendance center's staffing | ||||||
| 2 | pattern and material
resources, and an explanation of how | ||||||
| 3 | the attendance center's planned
staffing pattern, the | ||||||
| 4 | deployment of staff, and the use of material
resources | ||||||
| 5 | furthers the objectives of the plan;
| ||||||
| 6 | (e) a description of the key assumptions and directions | ||||||
| 7 | of the school's
curriculum and the academic and | ||||||
| 8 | non-academic programs of the attendance
center, and an | ||||||
| 9 | explanation of how this curriculum and these programs
| ||||||
| 10 | further the goals and objectives of the plan;
| ||||||
| 11 | (f) a description of the steps that will be taken to | ||||||
| 12 | enhance educational
opportunities for all students, | ||||||
| 13 | regardless of gender, including limited
English proficient | ||||||
| 14 | students, students with disabilities disabled students, | ||||||
| 15 | low-income students and
minority students;
| ||||||
| 16 | (g) a description of any steps which may be taken by | ||||||
| 17 | the attendance
center to educate parents as to how they can | ||||||
| 18 | assist children at home in
preparing their children to | ||||||
| 19 | learn effectively;
| ||||||
| 20 | (h) a description of the steps the attendance center | ||||||
| 21 | will take to
coordinate its efforts with, and to gain the | ||||||
| 22 | participation and support of,
community residents, | ||||||
| 23 | business organizations, and other local institutions
and | ||||||
| 24 | individuals;
| ||||||
| 25 | (i) a description of any staff development program for | ||||||
| 26 | all school staff
and volunteers tied to the priority goals, | ||||||
| |||||||
| |||||||
| 1 | objectives, and activities
specified in the plan;
| ||||||
| 2 | (j) a description of the steps the local school council | ||||||
| 3 | will undertake
to monitor implementation of the plan on an | ||||||
| 4 | ongoing basis;
| ||||||
| 5 | (k) a description of the steps the attendance center | ||||||
| 6 | will take to ensure
that teachers have working conditions | ||||||
| 7 | that provide a professional
environment conducive to | ||||||
| 8 | fulfilling their responsibilities;
| ||||||
| 9 | (l) a description of the steps the attendance center | ||||||
| 10 | will take to ensure
teachers the time and opportunity to | ||||||
| 11 | incorporate new ideas and techniques,
both in subject | ||||||
| 12 | matter and teaching skills, into their own work;
| ||||||
| 13 | (m) a description of the steps the attendance center | ||||||
| 14 | will take to
encourage pride and positive identification | ||||||
| 15 | with the attendance center
through various athletic | ||||||
| 16 | activities; and
| ||||||
| 17 | (n) a description of the student need for and provision | ||||||
| 18 | of services
to special populations, beyond the standard | ||||||
| 19 | school programs provided for
students in grades K through | ||||||
| 20 | 12 and those enumerated in the categorical
programs cited | ||||||
| 21 | in item d of part 4 of Section 34-2.3, including financial
| ||||||
| 22 | costs of providing same and a timeline for implementing the | ||||||
| 23 | necessary
services, including but not limited, when | ||||||
| 24 | applicable, to ensuring the
provisions of educational | ||||||
| 25 | services to all eligible children aged 4 years
for the | ||||||
| 26 | 1990-91 school year and thereafter, reducing class size to | ||||||
| |||||||
| |||||||
| 1 | State
averages in grades K-3 for the 1991-92 school year | ||||||
| 2 | and thereafter and in
all grades for the 1993-94 school | ||||||
| 3 | year and thereafter, and providing
sufficient staff and | ||||||
| 4 | facility resources for students not served in the
regular | ||||||
| 5 | classroom setting.
| ||||||
| 6 | Based on the analysis of data collected indicating specific | ||||||
| 7 | strengths and
weaknesses of the attendance center, the school | ||||||
| 8 | improvement plan may place
greater emphasis from year to year | ||||||
| 9 | on particular priority goals, objectives,
and activities.
| ||||||
| 10 | (Source: P.A. 93-48, eff. 7-1-03.)
| ||||||
| 11 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
| 12 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
| 13 | general
supervision and jurisdiction over the public education | ||||||
| 14 | and the public
school system of the city, and, except as | ||||||
| 15 | otherwise provided by this
Article, shall have power:
| ||||||
| 16 | 1. To make suitable provision for the establishment and | ||||||
| 17 | maintenance
throughout the year or for such portion thereof | ||||||
| 18 | as it may direct, not
less than 9 months, of schools of all | ||||||
| 19 | grades and kinds, including normal
schools, high schools, | ||||||
| 20 | night schools, schools for defectives and
delinquents, | ||||||
| 21 | parental and truant schools, schools for the blind, the
| ||||||
| 22 | deaf and persons with physical disabilities the physically | ||||||
| 23 | disabled, schools or classes in manual training,
| ||||||
| 24 | constructural and vocational teaching, domestic arts and | ||||||
| 25 | physical
culture, vocation and extension schools and | ||||||
| |||||||
| |||||||
| 1 | lecture courses, and all
other educational courses and | ||||||
| 2 | facilities, including establishing,
equipping, maintaining | ||||||
| 3 | and operating playgrounds and recreational
programs, when | ||||||
| 4 | such programs are conducted in, adjacent to, or connected
| ||||||
| 5 | with any public school under the general supervision and | ||||||
| 6 | jurisdiction
of the board; provided that the calendar for | ||||||
| 7 | the school term and any changes must be submitted to and | ||||||
| 8 | approved by the State Board of Education before the | ||||||
| 9 | calendar or changes may take effect, and provided that in | ||||||
| 10 | allocating funds
from year to year for the operation of all | ||||||
| 11 | attendance centers within the
district, the board shall | ||||||
| 12 | ensure that supplemental general State aid funds
are | ||||||
| 13 | allocated and applied in accordance with Section 18-8 or | ||||||
| 14 | 18-8.05. To
admit to such
schools without charge foreign | ||||||
| 15 | exchange students who are participants in
an organized | ||||||
| 16 | exchange student program which is authorized by the board.
| ||||||
| 17 | The board shall permit all students to enroll in | ||||||
| 18 | apprenticeship programs
in trade schools operated by the | ||||||
| 19 | board, whether those programs are
union-sponsored or not. | ||||||
| 20 | No student shall be refused admission into or
be excluded | ||||||
| 21 | from any course of instruction offered in the common | ||||||
| 22 | schools
by reason of that student's sex. No student shall | ||||||
| 23 | be denied equal
access to physical education and | ||||||
| 24 | interscholastic athletic programs
supported from school | ||||||
| 25 | district funds or denied participation in
comparable | ||||||
| 26 | physical education and athletic programs solely by reason | ||||||
| |||||||
| |||||||
| 1 | of
the student's sex. Equal access to programs supported | ||||||
| 2 | from school
district funds and comparable programs will be | ||||||
| 3 | defined in rules
promulgated by the State Board of | ||||||
| 4 | Education in
consultation with the Illinois High School | ||||||
| 5 | Association.
Notwithstanding any other provision of this | ||||||
| 6 | Article, neither the board
of education nor any local | ||||||
| 7 | school council or other school official shall
recommend | ||||||
| 8 | that children with disabilities be placed into regular | ||||||
| 9 | education
classrooms unless those children with | ||||||
| 10 | disabilities are provided with
supplementary services to | ||||||
| 11 | assist them so that they benefit from the regular
classroom | ||||||
| 12 | instruction and are included on the teacher's regular | ||||||
| 13 | education
class register;
| ||||||
| 14 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
| 15 | charge
therefor, and to use school funds for the payment of | ||||||
| 16 | such expenses as
the board may determine are necessary in | ||||||
| 17 | conducting the school lunch
program;
| ||||||
| 18 | 3. To co-operate with the circuit court;
| ||||||
| 19 | 4. To make arrangements with the public or quasi-public | ||||||
| 20 | libraries
and museums for the use of their facilities by | ||||||
| 21 | teachers and pupils of
the public schools;
| ||||||
| 22 | 5. To employ dentists and prescribe their duties for | ||||||
| 23 | the purpose of
treating the pupils in the schools, but | ||||||
| 24 | accepting such treatment shall
be optional with parents or | ||||||
| 25 | guardians;
| ||||||
| 26 | 6. To grant the use of assembly halls and classrooms | ||||||
| |||||||
| |||||||
| 1 | when not
otherwise needed, including light, heat, and | ||||||
| 2 | attendants, for free public
lectures, concerts, and other | ||||||
| 3 | educational and social interests, free of
charge, under | ||||||
| 4 | such provisions and control as the principal of the
| ||||||
| 5 | affected attendance center may prescribe;
| ||||||
| 6 | 7. To apportion the pupils to the several schools; | ||||||
| 7 | provided that no pupil
shall be excluded from or segregated | ||||||
| 8 | in any such school on account of his
color, race, sex, or | ||||||
| 9 | nationality. The board shall take into consideration
the | ||||||
| 10 | prevention of segregation and the elimination of | ||||||
| 11 | separation of children
in public schools because of color, | ||||||
| 12 | race, sex, or nationality. Except that
children may be | ||||||
| 13 | committed to or attend parental and social adjustment | ||||||
| 14 | schools
established and maintained either for boys or girls | ||||||
| 15 | only. All records
pertaining to the creation, alteration or | ||||||
| 16 | revision of attendance areas shall
be open to the public. | ||||||
| 17 | Nothing herein shall limit the board's authority to
| ||||||
| 18 | establish multi-area attendance centers or other student | ||||||
| 19 | assignment systems
for desegregation purposes or | ||||||
| 20 | otherwise, and to apportion the pupils to the
several | ||||||
| 21 | schools. Furthermore, beginning in school year 1994-95, | ||||||
| 22 | pursuant
to a board plan adopted by October 1, 1993, the | ||||||
| 23 | board shall offer, commencing
on a phased-in basis, the | ||||||
| 24 | opportunity for families within the school
district to | ||||||
| 25 | apply for enrollment of their children in any attendance | ||||||
| 26 | center
within the school district which does not have | ||||||
| |||||||
| |||||||
| 1 | selective admission
requirements approved by the board. | ||||||
| 2 | The appropriate geographical area in
which such open | ||||||
| 3 | enrollment may be exercised shall be determined by the
| ||||||
| 4 | board of education. Such children may be admitted to any | ||||||
| 5 | such attendance
center on a space available basis after all | ||||||
| 6 | children residing within such
attendance center's area | ||||||
| 7 | have been accommodated. If the number of
applicants from | ||||||
| 8 | outside the attendance area exceed the space available,
| ||||||
| 9 | then successful applicants shall be selected by lottery. | ||||||
| 10 | The board of
education's open enrollment plan must include | ||||||
| 11 | provisions that allow low
income students to have access to | ||||||
| 12 | transportation needed to exercise school
choice. Open | ||||||
| 13 | enrollment shall be in compliance with the provisions of | ||||||
| 14 | the
Consent Decree and Desegregation Plan cited in Section | ||||||
| 15 | 34-1.01;
| ||||||
| 16 | 8. To approve programs and policies for providing | ||||||
| 17 | transportation
services to students. Nothing herein shall | ||||||
| 18 | be construed to permit or empower
the State Board of | ||||||
| 19 | Education to order, mandate, or require busing or other
| ||||||
| 20 | transportation of pupils for the purpose of achieving | ||||||
| 21 | racial balance in any
school;
| ||||||
| 22 | 9. Subject to the limitations in this Article, to | ||||||
| 23 | establish and
approve system-wide curriculum objectives | ||||||
| 24 | and standards, including graduation
standards, which | ||||||
| 25 | reflect the
multi-cultural diversity in the city and are | ||||||
| 26 | consistent with State law,
provided that for all purposes | ||||||
| |||||||
| |||||||
| 1 | of this Article courses or
proficiency in American Sign | ||||||
| 2 | Language shall be deemed to constitute courses
or | ||||||
| 3 | proficiency in a foreign language; and to employ principals | ||||||
| 4 | and teachers,
appointed as provided in this
Article, and | ||||||
| 5 | fix their compensation. The board shall prepare such | ||||||
| 6 | reports
related to minimal competency testing as may be | ||||||
| 7 | requested by the State
Board of Education, and in addition | ||||||
| 8 | shall monitor and approve special
education and bilingual | ||||||
| 9 | education programs and policies within the district to
| ||||||
| 10 | assure that appropriate services are provided in | ||||||
| 11 | accordance with applicable
State and federal laws to | ||||||
| 12 | children requiring services and education in those
areas;
| ||||||
| 13 | 10. To employ non-teaching personnel or utilize | ||||||
| 14 | volunteer personnel
for: (i) non-teaching duties not | ||||||
| 15 | requiring instructional judgment or
evaluation of pupils, | ||||||
| 16 | including library duties; and (ii) supervising study
| ||||||
| 17 | halls, long distance teaching reception areas used | ||||||
| 18 | incident to instructional
programs transmitted by | ||||||
| 19 | electronic media such as computers, video, and audio,
| ||||||
| 20 | detention and discipline areas, and school-sponsored | ||||||
| 21 | extracurricular
activities. The board may further utilize | ||||||
| 22 | volunteer non-certificated
personnel or employ | ||||||
| 23 | non-certificated personnel to
assist in the instruction of | ||||||
| 24 | pupils under the immediate supervision of a
teacher holding | ||||||
| 25 | a valid certificate, directly engaged in teaching
subject | ||||||
| 26 | matter or conducting activities; provided that the teacher
| ||||||
| |||||||
| |||||||
| 1 | shall be continuously aware of the non-certificated | ||||||
| 2 | persons' activities and
shall be able to control or modify | ||||||
| 3 | them. The general superintendent shall
determine | ||||||
| 4 | qualifications of such personnel and shall prescribe rules | ||||||
| 5 | for
determining the duties and activities to be assigned to | ||||||
| 6 | such personnel;
| ||||||
| 7 | 10.5. To utilize volunteer personnel from a regional | ||||||
| 8 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
| 9 | of the Safe to Learn Program
established pursuant to | ||||||
| 10 | Section 25 of the Illinois Violence Prevention Act
of 1995, | ||||||
| 11 | to provide assistance to schools in times of violence or | ||||||
| 12 | other
traumatic incidents within a school community by | ||||||
| 13 | providing crisis
intervention services to lessen the | ||||||
| 14 | effects of emotional trauma on
individuals and the | ||||||
| 15 | community; the School Crisis Assistance Team
Steering | ||||||
| 16 | Committee shall determine the qualifications for | ||||||
| 17 | volunteers;
| ||||||
| 18 | 11. To provide television studio facilities in not to | ||||||
| 19 | exceed one
school building and to provide programs for | ||||||
| 20 | educational purposes,
provided, however, that the board | ||||||
| 21 | shall not construct, acquire, operate,
or maintain a | ||||||
| 22 | television transmitter; to grant the use of its studio
| ||||||
| 23 | facilities to a licensed television station located in the | ||||||
| 24 | school
district; and to maintain and operate not to exceed | ||||||
| 25 | one school radio
transmitting station and provide programs | ||||||
| 26 | for educational purposes;
| ||||||
| |||||||
| |||||||
| 1 | 12. To offer, if deemed appropriate, outdoor education | ||||||
| 2 | courses,
including field trips within the State of | ||||||
| 3 | Illinois, or adjacent states,
and to use school educational | ||||||
| 4 | funds for the expense of the said outdoor
educational | ||||||
| 5 | programs, whether within the school district or not;
| ||||||
| 6 | 13. During that period of the calendar year not | ||||||
| 7 | embraced within the
regular school term, to provide and | ||||||
| 8 | conduct courses in subject matters
normally embraced in the | ||||||
| 9 | program of the schools during the regular
school term and | ||||||
| 10 | to give regular school credit for satisfactory
completion | ||||||
| 11 | by the student of such courses as may be approved for | ||||||
| 12 | credit
by the State Board of Education;
| ||||||
| 13 | 14. To insure against any loss or liability of the | ||||||
| 14 | board,
the former School Board Nominating Commission, | ||||||
| 15 | Local School Councils, the
Chicago Schools Academic | ||||||
| 16 | Accountability Council, or the former Subdistrict
Councils | ||||||
| 17 | or of any member, officer, agent or employee thereof, | ||||||
| 18 | resulting
from alleged violations of civil rights arising | ||||||
| 19 | from incidents occurring on
or after September 5, 1967 or | ||||||
| 20 | from the wrongful or negligent act or
omission of any such | ||||||
| 21 | person whether occurring within or without the school
| ||||||
| 22 | premises, provided the officer, agent or employee was, at | ||||||
| 23 | the time of the
alleged violation of civil rights or | ||||||
| 24 | wrongful act or omission, acting
within the scope of his | ||||||
| 25 | employment or under direction of the board, the
former | ||||||
| 26 | School
Board Nominating Commission, the Chicago Schools | ||||||
| |||||||
| |||||||
| 1 | Academic Accountability
Council, Local School Councils, or | ||||||
| 2 | the former Subdistrict Councils;
and to provide for or | ||||||
| 3 | participate in insurance plans for its officers and
| ||||||
| 4 | employees, including but not limited to retirement | ||||||
| 5 | annuities, medical,
surgical and hospitalization benefits | ||||||
| 6 | in such types and amounts as may be
determined by the | ||||||
| 7 | board; provided, however, that the board shall contract
for | ||||||
| 8 | such insurance only with an insurance company authorized to | ||||||
| 9 | do business
in this State. Such insurance may include | ||||||
| 10 | provision for employees who rely
on treatment by prayer or | ||||||
| 11 | spiritual means alone for healing, in accordance
with the | ||||||
| 12 | tenets and practice of a recognized religious | ||||||
| 13 | denomination;
| ||||||
| 14 | 15. To contract with the corporate authorities of any | ||||||
| 15 | municipality
or the county board of any county, as the case | ||||||
| 16 | may be, to provide for
the regulation of traffic in parking | ||||||
| 17 | areas of property used for school
purposes, in such manner | ||||||
| 18 | as is provided by Section 11-209 of The
Illinois Vehicle | ||||||
| 19 | Code, approved September 29, 1969, as amended;
| ||||||
| 20 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
| 21 | school campus and student directory information to the
| ||||||
| 22 | official recruiting representatives of the armed forces of | ||||||
| 23 | Illinois and
the United States for the purposes of | ||||||
| 24 | informing students of the educational
and career | ||||||
| 25 | opportunities available in the military if the board has | ||||||
| 26 | provided
such access to persons or groups whose purpose is | ||||||
| |||||||
| |||||||
| 1 | to acquaint students with
educational or occupational | ||||||
| 2 | opportunities available to them. The board
is not required | ||||||
| 3 | to give greater notice regarding the right of access to
| ||||||
| 4 | recruiting representatives than is given to other persons | ||||||
| 5 | and groups. In
this paragraph 16, "directory information" | ||||||
| 6 | means a high school
student's name, address, and telephone | ||||||
| 7 | number.
| ||||||
| 8 | (b) If a student or his or her parent or guardian | ||||||
| 9 | submits a signed,
written request to the high school before | ||||||
| 10 | the end of the student's sophomore
year (or if the student | ||||||
| 11 | is a transfer student, by another time set by
the high | ||||||
| 12 | school) that indicates that the student or his or her | ||||||
| 13 | parent or
guardian does
not want the student's directory | ||||||
| 14 | information to be provided to official
recruiting | ||||||
| 15 | representatives under subsection (a) of this Section, the | ||||||
| 16 | high
school may not provide access to the student's | ||||||
| 17 | directory information to
these recruiting representatives. | ||||||
| 18 | The high school shall notify its
students and their parents | ||||||
| 19 | or guardians of the provisions of this
subsection (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 district
| ||||||
| 10 | or through the utilization of the school district resources | ||||||
| 11 | or facilities.
The employee who developed the computer | ||||||
| 12 | program shall be entitled to share
in the proceeds of such | ||||||
| 13 | sale or marketing of the computer program. The
distribution | ||||||
| 14 | of such proceeds between the employee and the school | ||||||
| 15 | district
shall be as agreed upon by the employee and the | ||||||
| 16 | school district, except
that neither the employee nor the | ||||||
| 17 | school district may receive more than 90%
of such proceeds. | ||||||
| 18 | The negotiation for an employee who is represented by an
| ||||||
| 19 | exclusive bargaining representative may be conducted by | ||||||
| 20 | such bargaining
representative at the employee's request.
| ||||||
| 21 | (b) For the purpose of this paragraph 17:
| ||||||
| 22 | (1) "Computer" means an internally programmed, | ||||||
| 23 | general purpose digital
device capable of | ||||||
| 24 | automatically accepting data, processing data and | ||||||
| 25 | supplying
the results of the operation.
| ||||||
| 26 | (2) "Computer program" means a series of coded | ||||||
| |||||||
| |||||||
| 1 | instructions or
statements in a form acceptable to a | ||||||
| 2 | computer, which causes the computer to
process data in | ||||||
| 3 | order to achieve a certain result.
| ||||||
| 4 | (3) "Proceeds" means profits derived from | ||||||
| 5 | marketing or sale of a product
after deducting the | ||||||
| 6 | expenses of developing and marketing such product;
| ||||||
| 7 | 18. To delegate to the general superintendent of
| ||||||
| 8 | schools, by resolution, the authority to approve contracts | ||||||
| 9 | and expenditures
in amounts of $10,000 or less;
| ||||||
| 10 | 19. Upon the written request of an employee, to | ||||||
| 11 | withhold from
the compensation of that employee any dues, | ||||||
| 12 | payments or contributions
payable by such employee to any | ||||||
| 13 | labor organization as defined in the
Illinois Educational | ||||||
| 14 | Labor Relations Act. Under such arrangement, an
amount | ||||||
| 15 | shall be withheld from each regular payroll period which is | ||||||
| 16 | equal to
the pro rata share of the annual dues plus any | ||||||
| 17 | payments or contributions,
and the board shall transmit | ||||||
| 18 | such withholdings to the specified labor
organization | ||||||
| 19 | within 10 working days from the time of the withholding;
| ||||||
| 20 | 19a. Upon receipt of notice from the comptroller of a | ||||||
| 21 | municipality with
a population of 500,000 or more, a county | ||||||
| 22 | with a population of 3,000,000 or
more, the Cook County | ||||||
| 23 | Forest Preserve District, the Chicago Park District, the
| ||||||
| 24 | Metropolitan Water Reclamation District, the Chicago | ||||||
| 25 | Transit Authority, or
a housing authority of a municipality | ||||||
| 26 | with a population of 500,000 or more
that a debt is due and | ||||||
| |||||||
| |||||||
| 1 | owing the municipality, the county, the Cook County
Forest | ||||||
| 2 | Preserve District, the Chicago Park District, the | ||||||
| 3 | Metropolitan Water
Reclamation District, the Chicago | ||||||
| 4 | Transit Authority, or the housing authority
by an employee | ||||||
| 5 | of the Chicago Board of Education, to withhold, from the
| ||||||
| 6 | compensation of that employee, the amount of the debt that | ||||||
| 7 | is due and owing
and pay the amount withheld to the | ||||||
| 8 | municipality, the county, the Cook County
Forest Preserve | ||||||
| 9 | District, the Chicago Park District, the Metropolitan | ||||||
| 10 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
| 11 | or the housing authority;
provided, however, that the | ||||||
| 12 | amount
deducted from any one salary or wage payment shall | ||||||
| 13 | not exceed 25% of the net
amount of the payment. Before the | ||||||
| 14 | Board deducts any amount from any salary or
wage of an | ||||||
| 15 | employee under this paragraph, the municipality, the | ||||||
| 16 | county, the
Cook County Forest Preserve District, the | ||||||
| 17 | Chicago Park District, the
Metropolitan Water Reclamation | ||||||
| 18 | District, the Chicago Transit Authority, or the
housing | ||||||
| 19 | authority shall certify that (i) the employee has been | ||||||
| 20 | afforded an
opportunity for a hearing to dispute the debt | ||||||
| 21 | that is due and owing the
municipality, the county, the | ||||||
| 22 | Cook County Forest Preserve District, the Chicago
Park | ||||||
| 23 | District, the Metropolitan Water Reclamation District, the | ||||||
| 24 | Chicago Transit
Authority, or the housing authority and | ||||||
| 25 | (ii) the employee has received notice
of a wage deduction | ||||||
| 26 | order and has been afforded an opportunity for a hearing to
| ||||||
| |||||||
| |||||||
| 1 | object to the order. For purposes of this paragraph, "net | ||||||
| 2 | amount" means that
part of the salary or wage payment | ||||||
| 3 | remaining after the deduction of any amounts
required by | ||||||
| 4 | law to be deducted and "debt due and owing" means (i) a | ||||||
| 5 | specified
sum of money owed to the municipality, the | ||||||
| 6 | county, the Cook County Forest
Preserve District, the | ||||||
| 7 | Chicago Park District, the Metropolitan Water
Reclamation | ||||||
| 8 | District, the Chicago Transit Authority, or the housing | ||||||
| 9 | authority
for services, work, or goods, after the period | ||||||
| 10 | granted for payment has expired,
or (ii) a specified sum of | ||||||
| 11 | money owed to the municipality, the county, the Cook
County | ||||||
| 12 | Forest Preserve District, the Chicago Park District, the | ||||||
| 13 | Metropolitan
Water Reclamation District, the Chicago | ||||||
| 14 | Transit Authority, or the housing
authority pursuant to a | ||||||
| 15 | court order or order of an administrative hearing
officer | ||||||
| 16 | after the exhaustion of, or the failure to exhaust, | ||||||
| 17 | judicial review;
| ||||||
| 18 | 20. The board is encouraged to employ a sufficient | ||||||
| 19 | number of
certified school counselors to maintain a | ||||||
| 20 | student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||||||
| 21 | counselor shall spend at least 75% of his work
time in | ||||||
| 22 | direct contact with students and shall maintain a record of | ||||||
| 23 | such time;
| ||||||
| 24 | 21. To make available to students vocational and career
| ||||||
| 25 | counseling and to establish 5 special career counseling | ||||||
| 26 | 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 person | ||||||
| 8 | 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). Terms such as | ||||||
| 20 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
| 21 | African American". | ||||||
| 22 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 23 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 24 | culture or origin, regardless of race). | ||||||
| 25 | (e) Native Hawaiian or Other Pacific Islander (a person | ||||||
| 26 | having origins in any of the original peoples of Hawaii, | ||||||
| |||||||
| |||||||
| 1 | Guam, Samoa, or other Pacific Islands).
| ||||||
| 2 | Counseling days shall not be in lieu of regular school | ||||||
| 3 | days;
| ||||||
| 4 | 22. To report to the State Board of Education the | ||||||
| 5 | annual
student dropout rate and number of students who | ||||||
| 6 | graduate from, transfer
from or otherwise leave bilingual | ||||||
| 7 | programs;
| ||||||
| 8 | 23. Except as otherwise provided in the Abused and | ||||||
| 9 | Neglected Child
Reporting Act or other applicable State or | ||||||
| 10 | federal law, to permit school
officials to withhold, from | ||||||
| 11 | any person, information on the whereabouts of
any child | ||||||
| 12 | removed from school premises when the child has been taken | ||||||
| 13 | into
protective custody as a victim of suspected child | ||||||
| 14 | abuse. School officials
shall direct such person to the | ||||||
| 15 | Department of Children and Family Services,
or to the local | ||||||
| 16 | law enforcement agency if appropriate;
| ||||||
| 17 | 24. To develop a policy, based on the current state of | ||||||
| 18 | existing school
facilities, projected enrollment and | ||||||
| 19 | efficient utilization of available
resources, for capital | ||||||
| 20 | improvement of schools and school buildings within
the | ||||||
| 21 | district, addressing in that policy both the relative | ||||||
| 22 | priority for
major repairs, renovations and additions to | ||||||
| 23 | school facilities, and the
advisability or necessity of | ||||||
| 24 | building new school facilities or closing
existing schools | ||||||
| 25 | to meet current or projected demographic patterns within
| ||||||
| 26 | the district;
| ||||||
| |||||||
| |||||||
| 1 | 25. To make available to the students in every high | ||||||
| 2 | school attendance
center the ability to take all courses | ||||||
| 3 | necessary to comply with the Board
of Higher Education's | ||||||
| 4 | college entrance criteria effective in 1993;
| ||||||
| 5 | 26. To encourage mid-career changes into the teaching | ||||||
| 6 | profession,
whereby qualified professionals become | ||||||
| 7 | certified teachers, by allowing
credit for professional | ||||||
| 8 | employment in related fields when determining point
of | ||||||
| 9 | entry on teacher pay scale;
| ||||||
| 10 | 27. To provide or contract out training programs for | ||||||
| 11 | administrative
personnel and principals with revised or | ||||||
| 12 | expanded duties pursuant to this
Act in order to assure | ||||||
| 13 | they have the knowledge and skills to perform
their duties;
| ||||||
| 14 | 28. To establish a fund for the prioritized special | ||||||
| 15 | needs programs, and
to allocate such funds and other lump | ||||||
| 16 | sum amounts to each attendance center
in a manner | ||||||
| 17 | consistent with the provisions of part 4 of Section 34-2.3.
| ||||||
| 18 | Nothing in this paragraph shall be construed to require any | ||||||
| 19 | additional
appropriations of State funds for 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 layoff those
| ||||||
| 25 | employees upon 14 days written notice to the affected | ||||||
| 26 | employees. Those
contracts may be for a period not to | ||||||
| |||||||
| |||||||
| 1 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
| 2 | The board may not operate more than 30 contract schools, | ||||||
| 3 | provided that the board may operate an additional 5 | ||||||
| 4 | contract turnaround schools pursuant to item (5.5) of | ||||||
| 5 | subsection (d) of Section 34-8.3 of this Code;
| ||||||
| 6 | 31. To promulgate rules establishing procedures | ||||||
| 7 | governing the layoff or
reduction in force of employees and | ||||||
| 8 | the recall of such employees, including,
but not limited | ||||||
| 9 | to, criteria for such layoffs, reductions in force or | ||||||
| 10 | recall
rights of such employees and the weight to be given | ||||||
| 11 | to any particular
criterion. Such criteria shall take into | ||||||
| 12 | account factors including, but not be
limited to, | ||||||
| 13 | qualifications, certifications, experience, performance | ||||||
| 14 | ratings or
evaluations, and any other factors relating to | ||||||
| 15 | an employee's job performance;
| ||||||
| 16 | 32. To develop a policy to prevent nepotism in the | ||||||
| 17 | hiring of personnel
or the selection of contractors;
| ||||||
| 18 | 33. To enter into a partnership agreement, as required | ||||||
| 19 | by
Section 34-3.5 of this Code, and, notwithstanding any | ||||||
| 20 | other
provision of law to the contrary, to promulgate | ||||||
| 21 | policies, enter into
contracts, and take any other action | ||||||
| 22 | necessary to accomplish the
objectives and implement the | ||||||
| 23 | requirements of that agreement; and
| ||||||
| 24 | 34. To establish a Labor Management Council to the | ||||||
| 25 | board
comprised of representatives of the board, the chief | ||||||
| 26 | executive
officer, and those labor organizations that are | ||||||
| |||||||
| |||||||
| 1 | the exclusive
representatives of employees of the board and | ||||||
| 2 | to promulgate
policies and procedures for the operation of | ||||||
| 3 | the Council.
| ||||||
| 4 | The specifications of the powers herein granted are not to | ||||||
| 5 | be
construed as exclusive but the board shall also exercise all | ||||||
| 6 | other
powers that they may be requisite or proper for the | ||||||
| 7 | maintenance and the
development of a public school system, not | ||||||
| 8 | inconsistent with the other
provisions of this Article or | ||||||
| 9 | provisions of this Code which apply to all
school districts.
| ||||||
| 10 | In addition to the powers herein granted and authorized to | ||||||
| 11 | be exercised
by the board, it shall be the duty of the board to | ||||||
| 12 | review or to direct
independent reviews of special education | ||||||
| 13 | expenditures and services.
The board shall file a report of | ||||||
| 14 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
| 15 | (Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12; | ||||||
| 16 | 97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 17 | (105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
| ||||||
| 18 | Sec. 34-128.
The Board shall provide free bus | ||||||
| 19 | transportation for
every child who is a child with a mental | ||||||
| 20 | disability who is trainable trainable mentally disabled,
as | ||||||
| 21 | defined in Article 14,
who resides at a distance of one mile or | ||||||
| 22 | more from any school to which
he is assigned for attendance and | ||||||
| 23 | who the State Board of Education determines
in advance requires | ||||||
| 24 | special transportation
service in order to take advantage of | ||||||
| 25 | special educational facilities.
| ||||||
| |||||||
| |||||||
| 1 | The board may levy, without regard to any other legally | ||||||
| 2 | authorized
tax and in addition to such taxes, an annual tax | ||||||
| 3 | upon all the taxable
property in the school district at a rate | ||||||
| 4 | not to exceed .005% of the
value, as equalized or assessed by | ||||||
| 5 | the Department of Revenue,
that will produce an amount not to | ||||||
| 6 | exceed the annual cost of
transportation provided in accordance | ||||||
| 7 | with this Section. The board
shall deduct from the cost of such | ||||||
| 8 | transportation any amount reimbursed
by the State under Article | ||||||
| 9 | 14. Such levy is authorized in the year
following the school | ||||||
| 10 | year in which the transportation costs were
incurred by the | ||||||
| 11 | district.
| ||||||
| 12 | (Source: P.A. 89-397, eff. 8-20-95.)
| ||||||
| 13 | Section 435. The State Universities Civil Service Act is | ||||||
| 14 | amended by changing Sections 36d and 36s as follows:
| ||||||
| 15 | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
| ||||||
| 16 | Sec. 36d. Powers and duties of the Merit Board.
| ||||||
| 17 | The Merit Board shall have the power and duty-
| ||||||
| 18 | (1) To approve a classification plan prepared under its | ||||||
| 19 | direction,
assigning to each class positions of substantially | ||||||
| 20 | similar duties. The
Merit Board shall have power to delegate to | ||||||
| 21 | its Director the duty of
assigning each position in the | ||||||
| 22 | classified service to the appropriate
class in the | ||||||
| 23 | classification plan approved by the Merit Board.
| ||||||
| 24 | (2) To prescribe the duties of each class of positions and | ||||||
| |||||||
| |||||||
| 1 | the
qualifications required by employment in that class.
| ||||||
| 2 | (3) To prescribe the range of compensation for each class | ||||||
| 3 | or to fix
a single rate of compensation for employees in a | ||||||
| 4 | particular class; and
to establish other conditions of | ||||||
| 5 | employment which an employer and
employee representatives have | ||||||
| 6 | agreed upon as fair and equitable. The
Merit Board shall direct | ||||||
| 7 | the payment of the "prevailing rate of wages"
in those | ||||||
| 8 | classifications in which, on January 1, 1952, any employer is
| ||||||
| 9 | paying such prevailing rate and in such other classes as the | ||||||
| 10 | Merit Board
may thereafter determine. "Prevailing rate of | ||||||
| 11 | wages" as used herein
shall be the wages paid generally in the | ||||||
| 12 | locality in which the work is
being performed to employees | ||||||
| 13 | engaged in work of a similar character.
Each employer covered | ||||||
| 14 | by the University System shall be authorized to
negotiate with | ||||||
| 15 | representatives of employees to determine appropriate
ranges | ||||||
| 16 | or rates of compensation or other conditions of employment and
| ||||||
| 17 | may recommend to the Merit Board for establishment the rates or | ||||||
| 18 | ranges
or other conditions of employment which the employer and | ||||||
| 19 | employee
representatives have agreed upon as fair and | ||||||
| 20 | equitable. Any rates or
ranges established prior to January 1, | ||||||
| 21 | 1952, and hereafter, shall not be
changed except in accordance | ||||||
| 22 | with the procedures herein provided.
| ||||||
| 23 | (4) To recommend to the institutions and agencies specified | ||||||
| 24 | in
Section 36e standards for hours of work, holidays, sick | ||||||
| 25 | leave, overtime
compensation and vacation for the purpose of | ||||||
| 26 | improving conditions of
employment covered therein and for the | ||||||
| |||||||
| |||||||
| 1 | purpose of insuring conformity
with the prevailing rate | ||||||
| 2 | principal.
| ||||||
| 3 | (5) To prescribe standards of examination for each class, | ||||||
| 4 | the
examinations to be related to the duties of such class. The | ||||||
| 5 | Merit Board
shall have power to delegate to the Director and | ||||||
| 6 | his staff the
preparation, conduct and grading of examinations. | ||||||
| 7 | Examinations may be
written, oral, by statement of training and | ||||||
| 8 | experience, in the form of
tests of knowledge, skill, capacity, | ||||||
| 9 | intellect, aptitude; or, by any
other method, which in the | ||||||
| 10 | judgment of the Merit Board is reasonable and
practical for any | ||||||
| 11 | particular classification. Different examining
procedures may | ||||||
| 12 | be determined for the examinations in different
| ||||||
| 13 | classifications but all examinations in the same | ||||||
| 14 | classification shall be
uniform.
| ||||||
| 15 | (6) To authorize the continuous recruitment of personnel | ||||||
| 16 | and to that
end, to delegate to the Director and his staff the | ||||||
| 17 | power and the duty to
conduct open and continuous competitive | ||||||
| 18 | examinations for all
classifications of employment.
| ||||||
| 19 | (7) To cause to be established from the results of | ||||||
| 20 | examinations
registers for each class of positions in the | ||||||
| 21 | classified service of the
State Universities Civil Service | ||||||
| 22 | System, of the persons who shall
attain the minimum mark fixed | ||||||
| 23 | by the Merit Board for the examination;
and such persons shall | ||||||
| 24 | take rank upon the registers as candidates in the
order of | ||||||
| 25 | their relative excellence as determined by examination, | ||||||
| 26 | without
reference to priority of time of examination.
| ||||||
| |||||||
| |||||||
| 1 | (8) To provide by its rules for promotions in the | ||||||
| 2 | classified
service. Vacancies shall be filled by promotion | ||||||
| 3 | whenever practicable.
For the purpose of this paragraph, an | ||||||
| 4 | advancement in class shall
constitute a promotion.
| ||||||
| 5 | (9) To set a probationary period of employment of no less | ||||||
| 6 | than 6 months
and no longer than 12 months for each class of | ||||||
| 7 | positions in the classification
plan, the length of the | ||||||
| 8 | probationary period for each class to be determined
by the | ||||||
| 9 | Director.
| ||||||
| 10 | (10) To provide by its rules for employment at regular | ||||||
| 11 | rates of
compensation of persons with physical disabilities | ||||||
| 12 | physically handicapped persons in positions in which the
| ||||||
| 13 | disability handicap does not prevent the individual from | ||||||
| 14 | furnishing satisfactory
service.
| ||||||
| 15 | (11) To make and publish rules, to carry out the purpose of | ||||||
| 16 | the
State Universities Civil Service System and for | ||||||
| 17 | examination, appointments,
transfers and removals and for | ||||||
| 18 | maintaining and keeping records of the
efficiency of officers | ||||||
| 19 | and employees and groups of officers and
employees in | ||||||
| 20 | accordance with the provisions of Sections 36b to 36q,
| ||||||
| 21 | inclusive, and said Merit Board may from time to time make | ||||||
| 22 | changes in
such rules.
| ||||||
| 23 | (12) To appoint a Director and such assistants and other | ||||||
| 24 | clerical
and technical help as may be necessary efficiently to | ||||||
| 25 | administer
Sections 36b to 36q, inclusive. To authorize the | ||||||
| 26 | Director to appoint an
assistant resident at the place of | ||||||
| |||||||
| |||||||
| 1 | employment of each employer specified
in Section 36e and this | ||||||
| 2 | assistant may be authorized to give examinations
and to certify | ||||||
| 3 | names from the regional registers provided in Section
36k.
| ||||||
| 4 | (13) To submit to the Governor of this state on or before | ||||||
| 5 | November 1
of each year prior to the regular session of the | ||||||
| 6 | General Assembly a
report of the University System's business | ||||||
| 7 | and an estimate of the amount
of appropriation from state funds | ||||||
| 8 | required for the purpose of
administering the University | ||||||
| 9 | System.
| ||||||
| 10 | (Source: P.A. 82-524.)
| ||||||
| 11 | (110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
| ||||||
| 12 | Sec. 36s. Supported employees.
| ||||||
| 13 | (a) The Merit Board shall develop and implement a supported | ||||||
| 14 | employment
program. It shall be the goal of the program to | ||||||
| 15 | appoint a minimum of 10
supported employees to State University | ||||||
| 16 | civil service positions before
June 30, 1992.
| ||||||
| 17 | (b) The Merit Board shall designate a liaison to work with | ||||||
| 18 | State
agencies and departments, any funder or provider or both, | ||||||
| 19 | and State
universities in the implementation of a supported | ||||||
| 20 | employment program.
| ||||||
| 21 | (c) As used in this Section:
| ||||||
| 22 | (1) "Supported employee" means any individual who:
| ||||||
| 23 | (A) has a severe physical or mental disability | ||||||
| 24 | which seriously limits
functional capacities, | ||||||
| 25 | including but not limited to, mobility, communication,
| ||||||
| |||||||
| |||||||
| 1 | self-care, self-direction, work tolerance or work | ||||||
| 2 | skills, in terms of
employability as defined, | ||||||
| 3 | determined and certified by the Department of
Human | ||||||
| 4 | Services; and
| ||||||
| 5 | (B) has one or more physical or mental disabilities | ||||||
| 6 | resulting from
amputation; arthritis; blindness; | ||||||
| 7 | cancer; cerebral palsy; cystic fibrosis;
deafness; | ||||||
| 8 | heart disease; hemiplegia; respiratory or pulmonary | ||||||
| 9 | dysfunction; an intellectual disability; mental | ||||||
| 10 | illness; multiple sclerosis; muscular dystrophy;
| ||||||
| 11 | musculoskeletal disorders; neurological disorders, | ||||||
| 12 | including stroke and
epilepsy; paraplegia; | ||||||
| 13 | quadriplegia and other spinal cord conditions; sickle
| ||||||
| 14 | cell anemia; and end-stage renal disease; or another | ||||||
| 15 | disability or
combination of disabilities determined | ||||||
| 16 | on the basis of an evaluation of
rehabilitation | ||||||
| 17 | potential to cause comparable substantial functional | ||||||
| 18 | limitation.
| ||||||
| 19 | (2) "Supported employment" means competitive work in
| ||||||
| 20 | integrated work settings:
| ||||||
| 21 | (A) for individuals with severe disabilities | ||||||
| 22 | handicaps for whom competitive
employment has not | ||||||
| 23 | traditionally occurred, or
| ||||||
| 24 | (B) for individuals for whom competitive | ||||||
| 25 | employment has been
interrupted or intermittent as a | ||||||
| 26 | result of a severe disability, and who
because of their | ||||||
| |||||||
| |||||||
| 1 | disability handicap, need on-going support services to | ||||||
| 2 | perform such
work. The term includes transitional | ||||||
| 3 | employment for individuals with
chronic mental | ||||||
| 4 | illness.
| ||||||
| 5 | (3) "Participation in a supported employee program" | ||||||
| 6 | means participation
as a supported employee that is not | ||||||
| 7 | based on the expectation that an
individual will have the | ||||||
| 8 | skills to perform all the duties in a job class,
but on the | ||||||
| 9 | assumption that with support and adaptation, or both, a job | ||||||
| 10 | can
be designed to take advantage of the supported | ||||||
| 11 | employee's
special strengths.
| ||||||
| 12 | (4) "Funder" means any entity either State, local or | ||||||
| 13 | federal, or
private not-for-profit or for-profit that | ||||||
| 14 | provides monies to programs that
provide services related | ||||||
| 15 | to supported employment.
| ||||||
| 16 | (5) "Provider" means any entity either public or | ||||||
| 17 | private that provides
technical support and services to any | ||||||
| 18 | department or agency subject to the
control of the | ||||||
| 19 | Governor, the Secretary of State or the University Civil
| ||||||
| 20 | Service System.
| ||||||
| 21 | (d) The Merit Board shall establish job classifications for | ||||||
| 22 | supported
employees who may be appointed into the | ||||||
| 23 | classifications without open
competitive testing requirements. | ||||||
| 24 | Supported employees shall serve in a
trial employment capacity | ||||||
| 25 | for not less than 3 or more than 12 months.
| ||||||
| 26 | (e) The Merit Board shall maintain a record of all | ||||||
| |||||||
| |||||||
| 1 | individuals hired as
supported employees. The record shall | ||||||
| 2 | include:
| ||||||
| 3 | (1) the number of supported employees initially | ||||||
| 4 | appointed;
| ||||||
| 5 | (2) the number of supported employees who successfully | ||||||
| 6 | complete the
trial employment periods; and
| ||||||
| 7 | (3) the number of permanent targeted positions by | ||||||
| 8 | titles.
| ||||||
| 9 | (f) The Merit Board shall submit an annual report to the | ||||||
| 10 | General
Assembly regarding the employment progress of | ||||||
| 11 | supported employees, with
recommendations for legislative | ||||||
| 12 | action.
| ||||||
| 13 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 14 | Section 440. The Board of Higher Education Act is amended | ||||||
| 15 | by changing Section 9.16 as follows:
| ||||||
| 16 | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| ||||||
| 17 | Sec. 9.16. Underrepresentation of certain groups in higher | ||||||
| 18 | education.
To require public institutions of higher education | ||||||
| 19 | to develop and implement
methods and strategies to increase the | ||||||
| 20 | participation of minorities, women
and individuals with | ||||||
| 21 | disabilities handicapped individuals who are traditionally | ||||||
| 22 | underrepresented in
education programs and activities. For the | ||||||
| 23 | purpose of this Section,
minorities shall mean persons who are | ||||||
| 24 | citizens of the United States or
lawful permanent resident | ||||||
| |||||||
| |||||||
| 1 | aliens of the United States and who are any of the following: | ||||||
| 2 | (1) American Indian or Alaska Native (a person having | ||||||
| 3 | origins in any of the original peoples of North and South | ||||||
| 4 | America, including Central America, and who maintains | ||||||
| 5 | tribal affiliation or community attachment). | ||||||
| 6 | (2) Asian (a person having origins in any of the | ||||||
| 7 | original peoples of the Far East, Southeast Asia, or the | ||||||
| 8 | Indian subcontinent, including, but not limited to, | ||||||
| 9 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 10 | the Philippine Islands, Thailand, and Vietnam). | ||||||
| 11 | (3) Black or African American (a person having origins | ||||||
| 12 | in any of the black racial groups of Africa). Terms such as | ||||||
| 13 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
| 14 | African American". | ||||||
| 15 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 16 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 17 | culture or origin, regardless of race). | ||||||
| 18 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
| 19 | having origins in any of the original peoples of Hawaii, | ||||||
| 20 | Guam, Samoa, or other Pacific Islands).
| ||||||
| 21 | The Board shall adopt any rules necessary to administer | ||||||
| 22 | this Section.
The Board shall also do the following:
| ||||||
| 23 | (a) require all public institutions of higher education to | ||||||
| 24 | develop and
submit plans for the implementation of this | ||||||
| 25 | Section;
| ||||||
| 26 | (b) conduct periodic review of public institutions of | ||||||
| |||||||
| |||||||
| 1 | higher education to
determine compliance with this Section; and | ||||||
| 2 | if the Board finds that a public
institution of higher | ||||||
| 3 | education is not in compliance with this Section,
it shall | ||||||
| 4 | notify the institution of steps to take to attain compliance;
| ||||||
| 5 | (c) provide advice and counsel pursuant to this Section;
| ||||||
| 6 | (d) conduct studies of the effectiveness of methods and | ||||||
| 7 | strategies
designed to increase participation of students in | ||||||
| 8 | education programs and
activities in which minorities, women | ||||||
| 9 | and individuals with disabilities handicapped individuals are
| ||||||
| 10 | traditionally underrepresented, and monitor the success of | ||||||
| 11 | students in such
education programs and activities;
| ||||||
| 12 | (e) encourage minority student recruitment and retention | ||||||
| 13 | in colleges
and universities. In implementing this paragraph, | ||||||
| 14 | the Board shall undertake
but need not be limited to the | ||||||
| 15 | following: the establishment of guidelines
and plans for public | ||||||
| 16 | institutions of higher education for minority student
| ||||||
| 17 | recruitment and retention, the review and monitoring of | ||||||
| 18 | minority student
programs implemented at public institutions | ||||||
| 19 | of higher education to
determine their compliance with any | ||||||
| 20 | guidelines and plans so established,
the determination of the | ||||||
| 21 | effectiveness and funding requirements of minority
student | ||||||
| 22 | programs at public institutions of higher education, the
| ||||||
| 23 | dissemination of successful programs as models, and the | ||||||
| 24 | encouragement of
cooperative partnerships between community | ||||||
| 25 | colleges and local school
attendance centers which are | ||||||
| 26 | experiencing difficulties in enrolling
minority students in | ||||||
| |||||||
| |||||||
| 1 | four-year colleges and universities;
| ||||||
| 2 | (f) mandate all public institutions of higher education to | ||||||
| 3 | submit data
and information essential to determine compliance | ||||||
| 4 | with this Section. The
Board shall prescribe the format and the | ||||||
| 5 | date for submission of this data
and any other education equity | ||||||
| 6 | data; and
| ||||||
| 7 | (g) report to the General Assembly and the Governor | ||||||
| 8 | annually with a
description of the plans submitted by each | ||||||
| 9 | public institution of higher
education for implementation of | ||||||
| 10 | this Section, including financial data
relating to the most | ||||||
| 11 | recent fiscal year expenditures for specific minority
| ||||||
| 12 | programs, the effectiveness of such
plans and programs and the | ||||||
| 13 | effectiveness of the methods and strategies developed by the
| ||||||
| 14 | Board in meeting the purposes of this Section, the degree of | ||||||
| 15 | compliance
with this Section by each public institution of | ||||||
| 16 | higher education as
determined by the Board pursuant to its | ||||||
| 17 | periodic review responsibilities,
and the findings made by the | ||||||
| 18 | Board in conducting its studies and monitoring
student success | ||||||
| 19 | as required by paragraph d) of this Section. With
respect to | ||||||
| 20 | each public institution of higher education such report also | ||||||
| 21 | shall
include, but need not be limited to, information with | ||||||
| 22 | respect to each
institution's minority program budget | ||||||
| 23 | allocations; minority student
admission, retention and | ||||||
| 24 | graduation statistics; admission, retention, and graduation | ||||||
| 25 | statistics of all students who are the first in their immediate | ||||||
| 26 | family to attend an institution of higher education; number of | ||||||
| |||||||
| |||||||
| 1 | financial
assistance awards to undergraduate and graduate | ||||||
| 2 | minority students; and
minority faculty representation. This | ||||||
| 3 | paragraph shall not be construed to
prohibit the Board from | ||||||
| 4 | making, preparing or issuing additional surveys or
studies with | ||||||
| 5 | respect to minority education in Illinois.
| ||||||
| 6 | (Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813, | ||||||
| 7 | eff. 7-13-12.)
| ||||||
| 8 | Section 445. The University of Illinois Act is amended by | ||||||
| 9 | changing Section 9 as follows:
| ||||||
| 10 | (110 ILCS 305/9) (from Ch. 144, par. 30)
| ||||||
| 11 | Sec. 9. Scholarships for children of veterans. For each of | ||||||
| 12 | the following
periods of hostilities, each county shall be | ||||||
| 13 | entitled, annually, to one
honorary scholarship in the | ||||||
| 14 | University, for the benefit of the children of
persons who | ||||||
| 15 | served in the armed forces of the United States: the
Civil War, | ||||||
| 16 | World War I, any time between September 16, 1940 and the
| ||||||
| 17 | termination of World War II, any time during the national | ||||||
| 18 | emergency
between June 25, 1950 and January 31, 1955, any time | ||||||
| 19 | during the Viet
Nam conflict between January 1, 1961 and May 7, | ||||||
| 20 | 1975, any
time on or after August 2, 1990 and until Congress or | ||||||
| 21 | the President orders that
persons in service are no longer | ||||||
| 22 | eligible for
the Southwest Asia Service Medal, Operation | ||||||
| 23 | Enduring Freedom, and Operation Iraqi Freedom. Preference | ||||||
| 24 | shall be
given to the children of persons who are deceased or
| ||||||
| |||||||
| |||||||
| 1 | to the children of persons who have a disability disabled. Such | ||||||
| 2 | scholarships shall be
granted to such pupils as shall, upon | ||||||
| 3 | public examination, conducted as
the board of trustees of the | ||||||
| 4 | University may determine, be decided to
have attained the | ||||||
| 5 | greatest proficiency in the branches of learning
usually taught | ||||||
| 6 | in the secondary schools, and who shall be of good moral
| ||||||
| 7 | character, and not less than 15 years of age. Such pupils, so | ||||||
| 8 | selected,
shall be entitled to receive, without charge for | ||||||
| 9 | tuition, instruction in
any or all departments of the | ||||||
| 10 | University for a term of at least 4
consecutive years. Such | ||||||
| 11 | pupils shall conform, in all respects, to the
rules and | ||||||
| 12 | regulations of the University, established for the government
| ||||||
| 13 | of the pupils in attendance.
| ||||||
| 14 | (Source: P.A. 95-64, eff. 1-1-08.)
| ||||||
| 15 | Section 450. The University of Illinois Hospital Act is | ||||||
| 16 | amended by changing Section 6 as follows:
| ||||||
| 17 | (110 ILCS 330/6) (from Ch. 23, par. 1376)
| ||||||
| 18 | Sec. 6.
No otherwise qualified child with a disability | ||||||
| 19 | handicapped child receiving special education
and related
| ||||||
| 20 | services under Article 14 of The School Code shall solely by | ||||||
| 21 | reason of his
or her disability handicap be excluded from the | ||||||
| 22 | participation in or be denied the benefits
of or be subjected | ||||||
| 23 | to discrimination under any program or activity provided
by the | ||||||
| 24 | University of Illinois Hospital.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-1403.)
| ||||||
| 2 | Section 455. The Specialized Care for Children Act is | ||||||
| 3 | amended by changing Sections 1 and 3 as follows:
| ||||||
| 4 | (110 ILCS 345/1) (from Ch. 144, par. 67.1)
| ||||||
| 5 | Sec. 1.
The University of Illinois is hereby designated as | ||||||
| 6 | the agency to
receive, administer, and to hold in its own | ||||||
| 7 | treasury federal funds and aid
in relation to the | ||||||
| 8 | administration of its Division of Specialized Care for
| ||||||
| 9 | Children. The Board of Trustees of the University of Illinois | ||||||
| 10 | shall have
a charge upon all claims, demands and causes of | ||||||
| 11 | action for injuries to an
applicant for or recipient of | ||||||
| 12 | financial aid for the total amount of medical
assistance | ||||||
| 13 | provided the recipient by the Division from the time of injury
| ||||||
| 14 | to the date of recovery upon such claim, demand or cause of | ||||||
| 15 | action. The
Board of Trustees of the University of Illinois may | ||||||
| 16 | cooperate
with the United States Children's Bureau of the | ||||||
| 17 | Department of Health,
Education and Welfare, or with any | ||||||
| 18 | successor or other federal agency, in
the administration of the | ||||||
| 19 | Division of Specialized Care for Children, and
shall have full | ||||||
| 20 | responsibility for the expenditure of federal and state
funds, | ||||||
| 21 | or monies recovered as the result of a judgment or settlement | ||||||
| 22 | of a
lawsuit or from an insurance or personal settlement | ||||||
| 23 | arising from a claim
relating to a recipient child's medical | ||||||
| 24 | condition, as well as any
aid which may be made available to | ||||||
| |||||||
| |||||||
| 1 | the Board of Trustees for
administering, through the Division | ||||||
| 2 | of Specialized Care for Children, a
program of services for | ||||||
| 3 | children with physical disabilities or who are who are | ||||||
| 4 | physically disabled or suffering from
conditions which may lead | ||||||
| 5 | to a physical disability, including medical, surgical,
| ||||||
| 6 | corrective and other services and care, and facilities for | ||||||
| 7 | diagnosis,
hospitalization and aftercare of such children.
| ||||||
| 8 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 9 | (110 ILCS 345/3) (from Ch. 144, par. 67.3)
| ||||||
| 10 | Sec. 3.
No otherwise qualified child with a disability | ||||||
| 11 | handicapped child receiving special education
services under | ||||||
| 12 | Article 14 of The School Code shall solely by reason of his
or | ||||||
| 13 | her disability handicap be excluded from the participation in | ||||||
| 14 | or be denied the benefits
of or be subjected to discrimination | ||||||
| 15 | under any program or activity provided
by the Division of | ||||||
| 16 | Specialized Care for Children.
| ||||||
| 17 | (Source: P.A. 87-203.)
| ||||||
| 18 | Section 460. The Public Community College Act is amended by | ||||||
| 19 | changing Sections 3-20.3.01 and 3-49 as follows:
| ||||||
| 20 | (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
| ||||||
| 21 | Sec. 3-20.3.01. Whenever, as a result of any lawful order | ||||||
| 22 | of any agency,
other than a local community college board, | ||||||
| 23 | having authority to enforce any
law or regulation designed for | ||||||
| |||||||
| |||||||
| 1 | the protection, health or safety of community
college students, | ||||||
| 2 | employees or visitors, or any law or regulation for the
| ||||||
| 3 | protection and safety of the environment, pursuant to the | ||||||
| 4 | "Environmental
Protection Act", any local community college | ||||||
| 5 | district, including any district
to which Article VII of this | ||||||
| 6 | Act applies, is required to alter or repair
any physical | ||||||
| 7 | facilities, or whenever any district determines that it is
| ||||||
| 8 | necessary for energy conservation, health or safety, | ||||||
| 9 | environmental
protection or handicapped accessibility purposes | ||||||
| 10 | that any physical
facilities should be altered or repaired and | ||||||
| 11 | that such alterations or
repairs will be made with funds not | ||||||
| 12 | necessary for the completion of
approved and recommended | ||||||
| 13 | projects for fire prevention and safety, or
whenever after the | ||||||
| 14 | effective date of this amendatory Act of
1984 any district, | ||||||
| 15 | including any district to which Article VII applies,
provides | ||||||
| 16 | for alterations or repairs determined by the local community
| ||||||
| 17 | college board to be necessary for health and safety, | ||||||
| 18 | environmental
protection, handicapped accessibility or energy | ||||||
| 19 | conservation purposes, such
district may, by proper resolution | ||||||
| 20 | which specifically identifies the
project and which is adopted | ||||||
| 21 | pursuant to the provisions of the Open
Meetings Act, levy a tax | ||||||
| 22 | for the purpose of paying for such alterations or
repairs, or | ||||||
| 23 | survey by a licensed architect or engineer, upon the equalized
| ||||||
| 24 | assessed value of all the taxable property of the district at a | ||||||
| 25 | rate not to
exceed .05% per year for a period sufficient to | ||||||
| 26 | finance such alterations or
repairs, upon the following | ||||||
| |||||||
| |||||||
| 1 | conditions:
| ||||||
| 2 | (a) When in the judgment of the local community college | ||||||
| 3 | board of trustees
there are not sufficient funds available in | ||||||
| 4 | the operations and
maintenance fund of the district to | ||||||
| 5 | permanently pay for such alterations
or repairs so ordered, | ||||||
| 6 | determined as necessary.
| ||||||
| 7 | (b) When a certified estimate of a licensed architect or | ||||||
| 8 | engineer stating
the estimated amount that is necessary to make
| ||||||
| 9 | the alterations or repairs so ordered or determined as | ||||||
| 10 | necessary has been
secured by the local community college | ||||||
| 11 | district and the project and estimated
amount have been | ||||||
| 12 | approved by the Executive Director of the State Board.
| ||||||
| 13 | The filing of a certified copy of the resolution or | ||||||
| 14 | ordinance levying the
tax when accompanied by the certificate | ||||||
| 15 | of approval of the Executive Director
of the State Board shall | ||||||
| 16 | be the authority of the county clerk or clerks
to extend such | ||||||
| 17 | tax; provided, however, that in no event shall the extension
| ||||||
| 18 | for the current and preceding years, if any, under this Section | ||||||
| 19 | be greater
than the amount so approved, and interest on bonds | ||||||
| 20 | issued pursuant to this
Section and in the event such current | ||||||
| 21 | extension and preceding extensions
exceed such approval and | ||||||
| 22 | interest, it shall be reduced proportionately.
| ||||||
| 23 | The county clerk of each of the counties in which any | ||||||
| 24 | community college
district levying a tax under the authority of | ||||||
| 25 | this Section is located, in
reducing raised levies, shall not | ||||||
| 26 | consider any such tax as a part of the
general levy for | ||||||
| |||||||
| |||||||
| 1 | community college purposes and shall not include the same
in | ||||||
| 2 | the limitation of any other tax rate which may be extended. | ||||||
| 3 | Such tax
shall be levied and collected in like manner as all | ||||||
| 4 | other taxes of
community college districts.
| ||||||
| 5 | The tax rate limit hereinabove specified in this Section | ||||||
| 6 | may be increased
to .10% upon the approval of a proposition to | ||||||
| 7 | effect such increase by a
majority of the electors voting on | ||||||
| 8 | that proposition at a regular scheduled
election. Such | ||||||
| 9 | proposition may be initiated by resolution of the local
| ||||||
| 10 | community college board and shall be certified by the secretary | ||||||
| 11 | of the
local community college board to the proper election | ||||||
| 12 | authorities for
submission in accordance with the general | ||||||
| 13 | election law.
| ||||||
| 14 | Each local community college district authorized to levy | ||||||
| 15 | any tax pursuant
to this Section may also or in the alternative | ||||||
| 16 | by proper resolution or
ordinance borrow money for such | ||||||
| 17 | specifically identified purposes not in
excess of $4,500,000 in | ||||||
| 18 | the aggregate at any one time when
in the judgment
of the local | ||||||
| 19 | community college board of trustees there are not sufficient
| ||||||
| 20 | funds available in the operations and maintenance fund of the | ||||||
| 21 | district to
permanently pay for such alterations or repairs so | ||||||
| 22 | ordered or determined as
necessary and a certified estimate of | ||||||
| 23 | a licensed architect or engineer
stating the estimated amount | ||||||
| 24 | has been secured by
the local community college district and | ||||||
| 25 | the project and the estimated
amount have been approved by the | ||||||
| 26 | State Board, and as evidence of such
indebtedness may issue | ||||||
| |||||||
| |||||||
| 1 | bonds without referendum. However, Community College District | ||||||
| 2 | No. 522 and Community College District No. 536 may or in the | ||||||
| 3 | alternative by proper resolution or
ordinance borrow money for | ||||||
| 4 | such specifically identified purposes not in
excess of | ||||||
| 5 | $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 the project and the estimated
amount have | ||||||
| 13 | been approved by the State Board, and as evidence of such
| ||||||
| 14 | indebtedness may issue bonds without referendum. Such bonds | ||||||
| 15 | shall bear
interest at a rate or rates authorized by "An Act to | ||||||
| 16 | authorize public
corporations to issue bonds, other evidences | ||||||
| 17 | of indebtedness and tax
anticipation warrants subject to | ||||||
| 18 | interest rate limitations set forth
therein", approved May 26, | ||||||
| 19 | 1970, as now or hereafter amended, shall mature
within 20 years | ||||||
| 20 | from date, and shall be signed by the chairman, secretary
and | ||||||
| 21 | treasurer of the local community 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, or | ||||||
| 26 | 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 prepare and enforce regulations and | ||||||
| 14 | specifications
for minimum requirements for the construction, | ||||||
| 15 | remodeling or rehabilitation
of heating, ventilating, air | ||||||
| 16 | conditioning, lighting, seating, water supply,
toilet, | ||||||
| 17 | handicapped accessibility, fire safety and any other matter | ||||||
| 18 | that
will conserve, preserve or provide for the protection and | ||||||
| 19 | the health or
safety of individuals in or on community college | ||||||
| 20 | property and will conserve
the integrity of the physical | ||||||
| 21 | facilities of the district.
| ||||||
| 22 | This Section is cumulative and constitutes complete | ||||||
| 23 | authority for the
issuance of bonds as provided in this Section | ||||||
| 24 | notwithstanding any other
statute or law to the contrary.
| ||||||
| 25 | (Source: P.A. 96-561, eff. 1-1-10.)
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
| ||||||
| 2 | Sec. 3-49.
Each Board of Trustees of a Community College | ||||||
| 3 | District
may, at its discretion, appoint an Employment Advisory | ||||||
| 4 | Board. Such
Employment Advisory Board shall consist of not more | ||||||
| 5 | than 15
members appointed to terms of 4 years, and their | ||||||
| 6 | membership shall
include, but not be limited to, | ||||||
| 7 | representatives of the following groups:
| ||||||
| 8 | (a) small businesses;
| ||||||
| 9 | (b) large businesses which employ residents of the | ||||||
| 10 | Community College District;
| ||||||
| 11 | (c) governmental units which employ residents of the | ||||||
| 12 | Community College District;
| ||||||
| 13 | (d) non-profit private organizations;
| ||||||
| 14 | (e) organizations which serve as advocates for persons with | ||||||
| 15 | disabilities the handicapped; and
| ||||||
| 16 | (f) employee organizations.
| ||||||
| 17 | (Source: P.A. 85-458.)
| ||||||
| 18 | Section 465. The Higher Education Student Assistance Act is | ||||||
| 19 | amended by changing Sections 50, 52, 55, 60, 65.15, 65.70, and | ||||||
| 20 | 105 as follows:
| ||||||
| 21 | (110 ILCS 947/50)
| ||||||
| 22 | Sec. 50. Minority Teachers of Illinois scholarship | ||||||
| 23 | program.
| ||||||
| 24 | (a) As used in this Section:
| ||||||
| |||||||
| |||||||
| 1 | "Eligible applicant" means a minority student who has | ||||||
| 2 | graduated
from high school or has received a high school | ||||||
| 3 | equivalency certificate
and has
maintained a cumulative | ||||||
| 4 | grade point average of
no
less than 2.5 on a 4.0 scale, and | ||||||
| 5 | who by reason thereof is entitled to
apply for scholarships | ||||||
| 6 | to be awarded under this Section.
| ||||||
| 7 | "Minority student" means a student who is any of the | ||||||
| 8 | following: | ||||||
| 9 | (1) American Indian or Alaska Native (a person | ||||||
| 10 | having origins in any of the original peoples of North | ||||||
| 11 | and South America, including Central America, and who | ||||||
| 12 | maintains tribal affiliation or community attachment). | ||||||
| 13 | (2) Asian (a person having origins in any of the | ||||||
| 14 | original peoples of the Far East, Southeast Asia, or | ||||||
| 15 | the Indian subcontinent, including, but not limited | ||||||
| 16 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
| 17 | Pakistan, the Philippine Islands, Thailand, and | ||||||
| 18 | Vietnam). | ||||||
| 19 | (3) Black or African American (a person having | ||||||
| 20 | origins in any of the black racial groups of Africa). | ||||||
| 21 | Terms such as "Haitian" or "Negro" can be used in | ||||||
| 22 | addition to "Black or African American". | ||||||
| 23 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 24 | Puerto Rican, South or Central American, or other | ||||||
| 25 | Spanish culture or origin, regardless of race). | ||||||
| 26 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
| |||||||
| |||||||
| 1 | person having origins in any of the original peoples of | ||||||
| 2 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
| 3 | "Qualified student" means a person (i) who is a | ||||||
| 4 | resident of this State
and a citizen or permanent resident | ||||||
| 5 | of the United States; (ii) who is a
minority student, as | ||||||
| 6 | defined in this Section; (iii) who, as an eligible
| ||||||
| 7 | applicant, has made a timely application for a minority | ||||||
| 8 | teaching
scholarship under this Section; (iv) who is | ||||||
| 9 | enrolled on at least a
half-time basis at a
qualified | ||||||
| 10 | Illinois institution of
higher learning; (v) who is | ||||||
| 11 | enrolled in a course of study leading to
teacher | ||||||
| 12 | certification, including alternative teacher | ||||||
| 13 | certification; (vi)
who maintains a grade point average of | ||||||
| 14 | no
less than 2.5 on a 4.0 scale;
and (vii) who continues to | ||||||
| 15 | advance satisfactorily toward the attainment
of a degree.
| ||||||
| 16 | (b) In order to encourage academically talented Illinois | ||||||
| 17 | minority
students to pursue teaching careers at the preschool | ||||||
| 18 | or elementary or
secondary
school
level, each qualified student | ||||||
| 19 | shall be awarded a minority teacher
scholarship to any | ||||||
| 20 | qualified Illinois institution of higher learning.
However, | ||||||
| 21 | preference may be given to qualified applicants enrolled at or | ||||||
| 22 | above
the
junior level.
| ||||||
| 23 | (c) Each minority teacher scholarship awarded under this | ||||||
| 24 | Section shall
be in an amount sufficient to pay the tuition and | ||||||
| 25 | fees and room and board
costs of the qualified Illinois | ||||||
| 26 | institution of higher learning at which the
recipient is | ||||||
| |||||||
| |||||||
| 1 | enrolled, up to an annual maximum of $5,000;
except that
in
the | ||||||
| 2 | case of a recipient who does not reside on-campus at the | ||||||
| 3 | institution at
which he or she is enrolled, the amount of the | ||||||
| 4 | scholarship shall be
sufficient to pay tuition and fee expenses | ||||||
| 5 | and a commuter allowance, up to
an annual maximum of $5,000.
| ||||||
| 6 | (d) The total amount of minority teacher scholarship | ||||||
| 7 | assistance awarded by
the Commission under this Section to an | ||||||
| 8 | individual in any given fiscal
year, when added to other | ||||||
| 9 | financial assistance awarded to that individual
for that year, | ||||||
| 10 | shall not exceed the cost of attendance at the institution
at | ||||||
| 11 | which the student is enrolled. If the amount of minority | ||||||
| 12 | teacher
scholarship to be awarded to a qualified student as | ||||||
| 13 | provided in
subsection (c) of this Section exceeds the cost of | ||||||
| 14 | attendance at the
institution at which the student is enrolled, | ||||||
| 15 | the minority teacher
scholarship shall be reduced by an amount | ||||||
| 16 | equal to the amount by which the
combined financial assistance | ||||||
| 17 | available to the student exceeds the cost
of attendance.
| ||||||
| 18 | (e) The maximum number of academic terms for which a | ||||||
| 19 | qualified
student
can receive minority teacher scholarship | ||||||
| 20 | assistance shall be 8 semesters or
12 quarters.
| ||||||
| 21 | (f) In any academic year for which an eligible applicant | ||||||
| 22 | under this
Section accepts financial assistance through the | ||||||
| 23 | Paul Douglas Teacher
Scholarship Program, as authorized by | ||||||
| 24 | Section 551 et seq. of the Higher
Education Act of 1965, the | ||||||
| 25 | applicant shall not be eligible for scholarship
assistance | ||||||
| 26 | awarded under this Section.
| ||||||
| |||||||
| |||||||
| 1 | (g) All applications for minority teacher scholarships to | ||||||
| 2 | be awarded
under this Section shall be made to the Commission | ||||||
| 3 | on forms which the
Commission shall provide for eligible | ||||||
| 4 | applicants. The form of applications
and the information | ||||||
| 5 | required to be set forth therein shall be determined by
the | ||||||
| 6 | Commission, and the Commission shall require eligible | ||||||
| 7 | applicants to
submit with their applications such supporting | ||||||
| 8 | documents or recommendations
as the Commission deems | ||||||
| 9 | necessary.
| ||||||
| 10 | (h) Subject to a separate appropriation for such purposes, | ||||||
| 11 | payment of
any minority teacher scholarship awarded under this | ||||||
| 12 | Section shall be
determined by the Commission. All scholarship | ||||||
| 13 | funds distributed in
accordance with this subsection shall be | ||||||
| 14 | paid to the institution and used
only for payment of the | ||||||
| 15 | tuition and fee and room and board expenses
incurred by the | ||||||
| 16 | student in connection with his or her attendance as an
| ||||||
| 17 | undergraduate student at a qualified Illinois institution of | ||||||
| 18 | higher
learning. Any minority teacher scholarship awarded | ||||||
| 19 | under this Section
shall be applicable to 2 semesters or 3 | ||||||
| 20 | quarters of enrollment. If a
qualified student withdraws from | ||||||
| 21 | enrollment prior to completion of the
first semester or quarter | ||||||
| 22 | for which the minority teacher scholarship is
applicable, the | ||||||
| 23 | school shall refund to the Commission the full amount of the
| ||||||
| 24 | minority teacher scholarship.
| ||||||
| 25 | (i) The Commission shall administer the minority teacher | ||||||
| 26 | scholarship aid
program established by this Section and shall | ||||||
| |||||||
| |||||||
| 1 | make all necessary and proper
rules not inconsistent with this | ||||||
| 2 | Section for its effective implementation.
| ||||||
| 3 | (j) When an appropriation to the Commission for a given | ||||||
| 4 | fiscal year is
insufficient to provide scholarships to all | ||||||
| 5 | qualified students, the
Commission shall allocate the | ||||||
| 6 | appropriation in accordance with this
subsection. If funds are | ||||||
| 7 | insufficient to provide all qualified students
with a | ||||||
| 8 | scholarship as authorized by this Section, the Commission shall
| ||||||
| 9 | allocate the available scholarship funds for that fiscal year | ||||||
| 10 | on the basis
of the date the Commission receives a complete | ||||||
| 11 | application form.
| ||||||
| 12 | (k) Notwithstanding the provisions of subsection (j) or any | ||||||
| 13 | other
provision of this Section, at least 30% of the funds | ||||||
| 14 | appropriated for
scholarships awarded under this Section in | ||||||
| 15 | each fiscal year shall be reserved
for qualified male minority | ||||||
| 16 | applicants.
If the Commission does not receive enough | ||||||
| 17 | applications from qualified male
minorities on or before
| ||||||
| 18 | January 1 of each fiscal year to award 30% of the funds | ||||||
| 19 | appropriated for these
scholarships to qualified
male minority | ||||||
| 20 | applicants, then the Commission may award a portion of the
| ||||||
| 21 | reserved funds to qualified
female minority applicants.
| ||||||
| 22 | (l) Prior to receiving scholarship assistance for any | ||||||
| 23 | academic year,
each recipient of a minority teacher scholarship | ||||||
| 24 | awarded under this Section
shall be required by the Commission | ||||||
| 25 | to sign an agreement under which the
recipient pledges that, | ||||||
| 26 | within the one-year period following the
termination
of the | ||||||
| |||||||
| |||||||
| 1 | program for which the recipient was awarded a minority
teacher | ||||||
| 2 | scholarship, the recipient (i) shall begin teaching for a
| ||||||
| 3 | period of not less
than one year for each year of scholarship | ||||||
| 4 | assistance he or she was awarded
under this Section; and (ii) | ||||||
| 5 | shall fulfill this teaching obligation at a
nonprofit Illinois | ||||||
| 6 | public, private, or parochial preschool, elementary school,
or | ||||||
| 7 | secondary school at which no less than 30% of the enrolled | ||||||
| 8 | students are
minority students in the year during which the | ||||||
| 9 | recipient begins teaching at the
school; and (iii) shall, upon | ||||||
| 10 | request by the Commission, provide the Commission
with evidence | ||||||
| 11 | that he or she is fulfilling or has fulfilled the terms of the
| ||||||
| 12 | teaching agreement provided for in this subsection.
| ||||||
| 13 | (m) If a recipient of a minority teacher scholarship | ||||||
| 14 | awarded under this
Section fails to fulfill the teaching | ||||||
| 15 | obligation set forth in subsection
(l) of this Section, the | ||||||
| 16 | Commission shall require the recipient to repay
the amount of | ||||||
| 17 | the scholarships received, prorated according to the fraction
| ||||||
| 18 | of the teaching obligation not completed, at a rate of interest | ||||||
| 19 | equal to
5%, and, if applicable, reasonable collection fees.
| ||||||
| 20 | The Commission is authorized to establish rules relating to its | ||||||
| 21 | collection
activities for repayment of scholarships under this | ||||||
| 22 | Section. All repayments
collected under this Section shall be | ||||||
| 23 | forwarded to the State Comptroller for
deposit into the State's | ||||||
| 24 | General Revenue Fund.
| ||||||
| 25 | (n) A recipient of minority teacher scholarship shall not | ||||||
| 26 | be considered
in violation of the agreement entered into | ||||||
| |||||||
| |||||||
| 1 | pursuant to subsection (l) if
the recipient (i) enrolls on a | ||||||
| 2 | full time basis as a graduate student in a
course of study | ||||||
| 3 | related to the field of teaching at a qualified Illinois
| ||||||
| 4 | institution of higher learning; (ii) is serving, not in excess | ||||||
| 5 | of 3 years,
as a member of the armed services of the United | ||||||
| 6 | States; (iii) is
a person with a temporary total disability | ||||||
| 7 | temporarily totally disabled for a period of time not to exceed | ||||||
| 8 | 3 years as
established by sworn affidavit of a qualified | ||||||
| 9 | physician; (iv) is seeking
and unable to find full time | ||||||
| 10 | employment as a teacher at an Illinois public,
private, or | ||||||
| 11 | parochial preschool or elementary or secondary school that
| ||||||
| 12 | satisfies the
criteria set forth in subsection (l) of this | ||||||
| 13 | Section and is able to provide
evidence of that fact; (v) | ||||||
| 14 | becomes a person with a permanent total disability permanently | ||||||
| 15 | totally disabled as
established by sworn affidavit of a | ||||||
| 16 | qualified physician; (vi) is taking additional courses, on at | ||||||
| 17 | least a half-time basis, needed to obtain certification as a | ||||||
| 18 | teacher in Illinois; or (vii) is fulfilling teaching | ||||||
| 19 | requirements associated with other programs administered by | ||||||
| 20 | the Commission and cannot concurrently fulfill them under this | ||||||
| 21 | Section in a period of time equal to the length of the teaching | ||||||
| 22 | obligation.
| ||||||
| 23 | (o) Scholarship recipients under this Section who withdraw | ||||||
| 24 | from
a program of teacher education but remain enrolled in | ||||||
| 25 | school
to continue their postsecondary studies in another | ||||||
| 26 | academic discipline shall
not be required to commence repayment | ||||||
| |||||||
| |||||||
| 1 | of their Minority Teachers of Illinois
scholarship so long as | ||||||
| 2 | they remain enrolled in school on a full-time basis or
if they | ||||||
| 3 | can document for the Commission special circumstances that | ||||||
| 4 | warrant
extension of repayment.
| ||||||
| 5 | (Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
| ||||||
| 6 | (110 ILCS 947/52)
| ||||||
| 7 | Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||||||
| 8 | Apple Foundation for Excellence in Teaching.
| ||||||
| 9 | (a) In this Section, "Foundation" means the Golden Apple | ||||||
| 10 | Foundation for Excellence in Teaching, a registered 501(c)(3) | ||||||
| 11 | not-for-profit corporation. | ||||||
| 12 | (a-2) In order to encourage academically talented Illinois | ||||||
| 13 | students,
especially minority students, to pursue teaching | ||||||
| 14 | careers, especially in
teacher shortage
disciplines
(which | ||||||
| 15 | shall be defined to include early childhood education) or at
| ||||||
| 16 | hard-to-staff schools (as defined by the Commission in | ||||||
| 17 | consultation with the
State Board of Education), to provide | ||||||
| 18 | those students with the crucial mentoring, guidance, and | ||||||
| 19 | in-service support that will significantly increase the | ||||||
| 20 | likelihood that they will complete their full teaching | ||||||
| 21 | commitments and elect to continue teaching in targeted | ||||||
| 22 | disciplines and hard-to-staff schools, and to ensure that | ||||||
| 23 | students in this State will continue to have access to a pool | ||||||
| 24 | of highly-qualified teachers, each qualified student shall be | ||||||
| 25 | awarded a Golden Apple Scholars of Illinois Program scholarship | ||||||
| |||||||
| |||||||
| 1 | to any Illinois institution of higher learning. The Commission | ||||||
| 2 | shall administer the Golden Apple Scholars of Illinois Program, | ||||||
| 3 | which shall be managed by the Foundation pursuant to the terms | ||||||
| 4 | of a grant agreement meeting the requirements of Section 4 of | ||||||
| 5 | the Illinois Grant Funds 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 high school equivalency certificate; | ||||||
| 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 leading | ||||||
| 15 | to initial certification or pursuing additional course | ||||||
| 16 | work needed to gain State Board of Education approval to | ||||||
| 17 | teach, including alternative teacher licensure; and | ||||||
| 18 | (5) is a participant in programs managed by and is | ||||||
| 19 | approved to receive a scholarship from the Foundation. | ||||||
| 20 | (a-5) (Blank).
| ||||||
| 21 | (b) (Blank).
| ||||||
| 22 | (b-5) Funds designated for the Golden Apple Scholars of | ||||||
| 23 | Illinois Program shall be used by the Commission for the | ||||||
| 24 | payment of scholarship assistance under this Section or for the | ||||||
| 25 | award of grant funds, subject to the Illinois Grant Funds | ||||||
| 26 | Recovery Act, to the Foundation. Subject to appropriation, | ||||||
| |||||||
| |||||||
| 1 | awards of grant funds to the Foundation shall be made on an | ||||||
| 2 | annual basis and following an application for grant funds by | ||||||
| 3 | the Foundation. | ||||||
| 4 | (b-10) Each year, the Foundation shall include in its | ||||||
| 5 | application to the Commission for grant funds an estimate of | ||||||
| 6 | the amount of scholarship assistance to be provided to | ||||||
| 7 | qualified students during the grant period. Any amount of | ||||||
| 8 | appropriated funds exceeding the estimated amount of | ||||||
| 9 | scholarship assistance may be awarded by the Commission to the | ||||||
| 10 | Foundation for management expenses expected to be incurred by | ||||||
| 11 | the Foundation in providing the mentoring, guidance, and | ||||||
| 12 | in-service supports that will increase the likelihood that | ||||||
| 13 | qualified students will complete their teaching commitments | ||||||
| 14 | and elect to continue teaching in hard-to-staff schools. If the | ||||||
| 15 | estimate of the amount of scholarship assistance described in | ||||||
| 16 | the Foundation's application is less than the actual amount | ||||||
| 17 | required for the award of scholarship assistance to qualified | ||||||
| 18 | students, the Foundation shall be responsible for using awarded | ||||||
| 19 | grant funds to ensure all qualified students receive | ||||||
| 20 | scholarship assistance under this Section. | ||||||
| 21 | (b-15) All grant funds not expended or legally obligated | ||||||
| 22 | within the time specified in a grant agreement between the | ||||||
| 23 | Foundation and the Commission shall be returned to the | ||||||
| 24 | Commission within 45 days. Any funds legally obligated by the | ||||||
| 25 | end of a grant agreement shall be liquidated within 45 days or | ||||||
| 26 | otherwise returned to the Commission within 90 days after the | ||||||
| |||||||
| |||||||
| 1 | end of the grant agreement that resulted in the award of grant | ||||||
| 2 | funds. | ||||||
| 3 | (c) Each scholarship awarded under this Section shall be in | ||||||
| 4 | an amount
sufficient to pay the tuition and fees and room and | ||||||
| 5 | board costs of the Illinois
institution of higher learning at | ||||||
| 6 | which the recipient is enrolled, up to
an annual maximum of | ||||||
| 7 | $5,000; except that in the case of a
recipient who
does not
| ||||||
| 8 | reside
on-campus at the institution of higher learning at which | ||||||
| 9 | he or she is enrolled,
the amount of the scholarship shall be | ||||||
| 10 | sufficient to pay tuition and fee
expenses and a commuter | ||||||
| 11 | allowance, up to an annual maximum of $5,000. All scholarship | ||||||
| 12 | funds distributed in accordance with this Section shall be paid | ||||||
| 13 | to the institution on behalf of recipients.
| ||||||
| 14 | (d) The total amount of scholarship assistance awarded by | ||||||
| 15 | the Commission
under this Section to an individual in any given | ||||||
| 16 | fiscal year, when added to
other financial assistance awarded | ||||||
| 17 | to that individual for that year, shall not
exceed the cost of | ||||||
| 18 | attendance at the institution of higher learning at which
the | ||||||
| 19 | student is enrolled. In any academic year for which a qualified | ||||||
| 20 | student under this Section accepts financial assistance | ||||||
| 21 | through any other teacher scholarship program administered by | ||||||
| 22 | the Commission, a qualified student shall not be eligible for | ||||||
| 23 | scholarship assistance awarded under this Section.
| ||||||
| 24 | (e) A recipient may receive up to 8 semesters or 12
| ||||||
| 25 | quarters of scholarship
assistance under this Section. | ||||||
| 26 | Scholarship funds are applicable toward 2 semesters or 3 | ||||||
| |||||||
| |||||||
| 1 | quarters of enrollment each academic year.
| ||||||
| 2 | (f) All applications for scholarship assistance to be | ||||||
| 3 | awarded under this
Section shall be made to the Foundation in a | ||||||
| 4 | form determined by the Foundation. Each year, the Foundation | ||||||
| 5 | shall notify the Commission of the individuals awarded | ||||||
| 6 | scholarship assistance under this Section. Each year, at least | ||||||
| 7 | 30% of the Golden Apple Scholars of Illinois Program | ||||||
| 8 | scholarships shall be awarded to students residing in counties | ||||||
| 9 | having a population of less than 500,000.
| ||||||
| 10 | (g) (Blank).
| ||||||
| 11 | (h) The Commission shall administer the payment of
| ||||||
| 12 | scholarship assistance provided through the Golden Apple | ||||||
| 13 | Scholars of Illinois Program and shall make all necessary
and
| ||||||
| 14 | proper rules not inconsistent with this Section for the | ||||||
| 15 | effective
implementation of this Section.
| ||||||
| 16 | (i) Prior to receiving scholarship assistance for any | ||||||
| 17 | academic year, each
recipient of a scholarship awarded under | ||||||
| 18 | this
Section shall be required by the Foundation to sign an | ||||||
| 19 | agreement under which
the
recipient pledges that, within the | ||||||
| 20 | 2-year period following the
termination
of the academic program | ||||||
| 21 | for which the recipient was awarded a scholarship, the
| ||||||
| 22 | recipient: (i) shall begin teaching for a period of not
less | ||||||
| 23 | than 5 years, (ii) shall fulfill this teaching obligation at a | ||||||
| 24 | nonprofit
Illinois public,
private, or parochial
preschool or | ||||||
| 25 | an Illinois public elementary or secondary school that | ||||||
| 26 | qualifies for teacher loan cancellation under Section | ||||||
| |||||||
| |||||||
| 1 | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||||||
| 2 | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||||||
| 3 | eligible for fulfilling the teaching commitment as designated | ||||||
| 4 | by the Foundation, and (iii)
shall, upon request of
the | ||||||
| 5 | Foundation, provide the Foundation with evidence that he or she | ||||||
| 6 | is fulfilling
or has fulfilled the terms of the teaching | ||||||
| 7 | agreement provided for in this
subsection. Upon request, the | ||||||
| 8 | Foundation shall provide evidence of teacher fulfillment to the | ||||||
| 9 | Commission.
| ||||||
| 10 | (j) If a recipient of a scholarship awarded under this | ||||||
| 11 | Section fails to
fulfill the teaching obligation set forth in | ||||||
| 12 | subsection (i) of this Section,
the Commission shall require | ||||||
| 13 | the recipient to repay the amount of the
scholarships received, | ||||||
| 14 | prorated according to the fraction of the teaching
obligation | ||||||
| 15 | not completed, plus interest at a rate of 5% and if applicable, | ||||||
| 16 | reasonable
collection fees.
Payments received by the | ||||||
| 17 | Commission under this subsection (j)
shall be remitted to the | ||||||
| 18 | State Comptroller for deposit into
the General Revenue Fund, | ||||||
| 19 | except that that portion of a
recipient's repayment that equals | ||||||
| 20 | the amount in expenses that
the Commission has reasonably | ||||||
| 21 | incurred in attempting
collection from that recipient shall be | ||||||
| 22 | remitted to the State
Comptroller for deposit into the | ||||||
| 23 | Commission's Accounts
Receivable Fund. | ||||||
| 24 | (k) A recipient of a scholarship awarded by the Foundation | ||||||
| 25 | under this
Section shall not be considered to have failed to | ||||||
| 26 | fulfill the teaching obligations of the agreement entered into | ||||||
| |||||||
| |||||||
| 1 | pursuant to
subsection (i) if the recipient (i) enrolls on a | ||||||
| 2 | full-time basis as a graduate
student in a course of study | ||||||
| 3 | related to the field of teaching at an institution
of higher | ||||||
| 4 | learning; (ii) is serving as a member of the armed services of | ||||||
| 5 | the
United States; (iii) is a person with a temporary total | ||||||
| 6 | disability temporarily totally disabled, as established by | ||||||
| 7 | sworn
affidavit of a qualified physician; (iv) is seeking and | ||||||
| 8 | unable to find
full-time employment as a teacher at a school | ||||||
| 9 | that satisfies the criteria set
forth
in subsection (i) and is | ||||||
| 10 | able to provide evidence of that fact; (v) is taking additional | ||||||
| 11 | courses, on at least a half-time basis, needed to obtain | ||||||
| 12 | certification as a teacher in Illinois; (vi) is fulfilling | ||||||
| 13 | teaching requirements associated with other programs | ||||||
| 14 | administered by the Commission and cannot concurrently fulfill | ||||||
| 15 | them under this Section in a period of time equal to the length | ||||||
| 16 | of the teaching obligation; or (vii) is participating in a | ||||||
| 17 | program established under Executive Order 10924 of the | ||||||
| 18 | President of the United States or the federal National | ||||||
| 19 | Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Any | ||||||
| 20 | such
extension of the period during which the teaching | ||||||
| 21 | requirement must be fulfilled
shall be subject to limitations | ||||||
| 22 | of duration as established by the Commission.
| ||||||
| 23 | (l) A recipient who fails to fulfill the teaching | ||||||
| 24 | obligations of the agreement entered into pursuant to | ||||||
| 25 | subsection (i) of this Section shall repay the amount of | ||||||
| 26 | scholarship assistance awarded to them under this Section | ||||||
| |||||||
| |||||||
| 1 | within 10 years. | ||||||
| 2 | (m) Annually, at a time determined by the Commission in | ||||||
| 3 | consultation with the Foundation, the Foundation shall submit a | ||||||
| 4 | report to assist the Commission in monitoring the Foundation's | ||||||
| 5 | performance of grant activities. The report shall describe the | ||||||
| 6 | following: | ||||||
| 7 | (1) the Foundation's anticipated expenditures for the | ||||||
| 8 | next fiscal year; | ||||||
| 9 | (2) the number of qualified students receiving | ||||||
| 10 | scholarship assistance at each institution of higher | ||||||
| 11 | learning where a qualified student was enrolled under this | ||||||
| 12 | Section during the previous fiscal year; | ||||||
| 13 | (3) the total monetary value of scholarship funds paid | ||||||
| 14 | to each institution of higher learning at which a qualified | ||||||
| 15 | student was enrolled during the previous fiscal year; | ||||||
| 16 | (4) the number of scholarship recipients who completed | ||||||
| 17 | a baccalaureate degree during the previous fiscal year; | ||||||
| 18 | (5) the number of scholarship recipients who fulfilled | ||||||
| 19 | their teaching obligation during the previous fiscal year; | ||||||
| 20 | (6) the number of scholarship recipients who failed to | ||||||
| 21 | fulfill their teaching obligation during the previous | ||||||
| 22 | fiscal year; | ||||||
| 23 | (7) the number of scholarship recipients granted an | ||||||
| 24 | extension described in subsection (k) of this Section | ||||||
| 25 | during the previous fiscal year; | ||||||
| 26 | (8) the number of scholarship recipients required to | ||||||
| |||||||
| |||||||
| 1 | repay scholarship assistance in accordance with subsection | ||||||
| 2 | (j) of this Section during the previous fiscal year; | ||||||
| 3 | (9) the number of scholarship recipients who | ||||||
| 4 | successfully repaid scholarship assistance in full during | ||||||
| 5 | the previous fiscal year; | ||||||
| 6 | (10) the number of scholarship recipients who | ||||||
| 7 | defaulted on their obligation to repay scholarship | ||||||
| 8 | assistance during the previous fiscal year; | ||||||
| 9 | (11) the amount of scholarship assistance subject to | ||||||
| 10 | collection in accordance with subsection (j) of this | ||||||
| 11 | Section at the end of the previous fiscal year; | ||||||
| 12 | (12) the amount of collected funds to be remitted to | ||||||
| 13 | the Comptroller in accordance with subsection (j) of this | ||||||
| 14 | Section at the end of the previous fiscal year; and | ||||||
| 15 | (13) other information that the Commission may | ||||||
| 16 | reasonably request. | ||||||
| 17 | (n) Nothing in this Section shall affect the rights of the | ||||||
| 18 | Commission to collect moneys owed to it by recipients of | ||||||
| 19 | scholarship assistance through the Illinois Future Teacher | ||||||
| 20 | Corps Program, repealed by this amendatory Act of the 98th | ||||||
| 21 | General Assembly. | ||||||
| 22 | (o) The Auditor General shall prepare an annual audit of | ||||||
| 23 | the operations and finances of the Golden Apple Scholars of | ||||||
| 24 | Illinois Program. This audit shall be provided to the Governor, | ||||||
| 25 | General Assembly, and the Commission. | ||||||
| 26 | (p) The suspension of grant making authority found in | ||||||
| |||||||
| |||||||
| 1 | Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||||||
| 2 | apply to grants made pursuant to this Section. | ||||||
| 3 | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15.)
| ||||||
| 4 | (110 ILCS 947/55)
| ||||||
| 5 | Sec. 55. Police officer or fire officer survivor grant. | ||||||
| 6 | Grants shall be
provided for any spouse, natural child, legally | ||||||
| 7 | adopted child, or child in
the legal custody of police officers | ||||||
| 8 | and fire officers who are killed or who become a person with a | ||||||
| 9 | permanent disability permanently
disabled with 90% to 100% | ||||||
| 10 | disability in the line of duty while employed by, or
in the | ||||||
| 11 | voluntary service of, this State or any local public entity in | ||||||
| 12 | this
State. Beneficiaries need not be Illinois residents at the | ||||||
| 13 | time of enrollment
in order to receive this grant. | ||||||
| 14 | Beneficiaries are entitled to 8 semesters or
12 quarters of | ||||||
| 15 | full payment of tuition and mandatory fees at any
| ||||||
| 16 | State-sponsored Illinois institution of higher learning for | ||||||
| 17 | either full or
part-time study, or the equivalent of 8 | ||||||
| 18 | semesters or 12 quarters of payment
of
tuition and
mandatory | ||||||
| 19 | fees at the rate established by the Commission for private
| ||||||
| 20 | institutions in the State of Illinois, provided the recipient | ||||||
| 21 | is maintaining
satisfactory academic progress. This benefit | ||||||
| 22 | may be used for undergraduate or
graduate study. The benefits | ||||||
| 23 | of this Section shall be administered by and paid
out of funds | ||||||
| 24 | available to the Commission and shall accrue to the bona fide
| ||||||
| 25 | applicant without the requirement of demonstrating financial | ||||||
| |||||||
| |||||||
| 1 | need to qualify
for those benefits.
| ||||||
| 2 | (Source: P.A. 91-670, eff. 12-22-99.)
| ||||||
| 3 | (110 ILCS 947/60)
| ||||||
| 4 | Sec. 60.
Grants for dependents of Department of Corrections | ||||||
| 5 | employees who are killed
or who become a person with a | ||||||
| 6 | permanent disability permanently disabled in the line of duty. | ||||||
| 7 | Any spouse, natural child, legally
adopted child, or child in | ||||||
| 8 | the legal custody of an employee of the Department
of | ||||||
| 9 | Corrections who is assigned to a security position with the | ||||||
| 10 | Department with
responsibility for inmates of any correctional | ||||||
| 11 | institution under the
jurisdiction of the Department and who is | ||||||
| 12 | killed or who becomes a person with a permanent disability | ||||||
| 13 | permanently disabled with
90% to 100% disability in the line of | ||||||
| 14 | duty is entitled to 8 semesters or 12
quarters of full payment | ||||||
| 15 | of tuition and mandatory fees at any State-supported
Illinois | ||||||
| 16 | institution of higher learning for either full or part-time | ||||||
| 17 | study, or
the equivalent of 8 semesters or 12 quarters of | ||||||
| 18 | payment of tuition and
mandatory fees at the rate
established | ||||||
| 19 | by the Commission for private institutions in the State of
| ||||||
| 20 | Illinois, provided the recipient is maintaining satisfactory | ||||||
| 21 | academic
progress. This benefit may be used for undergraduate | ||||||
| 22 | or graduate study.
Beneficiaries need not be Illinois residents | ||||||
| 23 | at the time of enrollment in order
to receive this grant. The | ||||||
| 24 | benefits of this Section shall be administered by
and paid out | ||||||
| 25 | of funds available to the Commission and shall accrue to the | ||||||
| |||||||
| |||||||
| 1 | bona
fide applicant without the requirement of demonstrating | ||||||
| 2 | financial need to
qualify for those benefits.
| ||||||
| 3 | (Source: P.A. 91-670, eff. 12-22-99.)
| ||||||
| 4 | (110 ILCS 947/65.15)
| ||||||
| 5 | Sec. 65.15. Special education teacher scholarships.
| ||||||
| 6 | (a) There shall be awarded annually 250
scholarships to | ||||||
| 7 | persons qualifying as members of any of the
following
groups:
| ||||||
| 8 | (1) Students who are otherwise qualified to receive a | ||||||
| 9 | scholarship as
provided in subsections (b) and (c) of this | ||||||
| 10 | Section and who make application
to the Commission for such | ||||||
| 11 | scholarship and agree to take courses that will
prepare the | ||||||
| 12 | student for the teaching of children described in Section | ||||||
| 13 | 14-1 of
the School Code.
| ||||||
| 14 | (2) Persons holding a valid certificate issued under | ||||||
| 15 | the laws relating
to the certification of teachers and who | ||||||
| 16 | make application to the Commission
for such scholarship and | ||||||
| 17 | agree to take courses that will prepare them for the
| ||||||
| 18 | teaching of children described in Section 14-1 of the | ||||||
| 19 | School Code.
| ||||||
| 20 | (3) Persons who (A) have graduated high school; (B) | ||||||
| 21 | have not been
certified as a teacher; and (C) make | ||||||
| 22 | application to the Commission for such
scholarship and | ||||||
| 23 | agree to take courses that will prepare them for the | ||||||
| 24 | teaching
of children described in Section 14-1 of the | ||||||
| 25 | School Code.
| ||||||
| |||||||
| |||||||
| 1 | Scholarships awarded under this Section shall be issued | ||||||
| 2 | pursuant to
regulations promulgated by the Commission;
| ||||||
| 3 | provided that no rule or regulation promulgated by the State | ||||||
| 4 | Board of
Education prior to the effective date of this | ||||||
| 5 | amendatory Act of 1993 pursuant
to the exercise of any right, | ||||||
| 6 | power, duty, responsibility or matter of pending
business | ||||||
| 7 | transferred from the State Board of Education to the Commission | ||||||
| 8 | under
this Section shall be affected thereby, and all such | ||||||
| 9 | rules and regulations
shall become the rules and regulations of | ||||||
| 10 | the Commission until modified or
changed by the Commission in | ||||||
| 11 | accordance with law.
| ||||||
| 12 | For the purposes of this Section scholarships awarded each | ||||||
| 13 | school year
shall be deemed to be issued on July 1 of the year | ||||||
| 14 | prior to
the start of the postsecondary school term and all | ||||||
| 15 | calculations for use of the scholarship shall be based on such
| ||||||
| 16 | date. Each scholarship shall entitle its holder to exemption | ||||||
| 17 | from fees as
provided in subsection (a) of Section 65.40 while | ||||||
| 18 | enrolled in a special
education program of
teacher education, | ||||||
| 19 | for a period of not more than 4 calendar years and shall be
| ||||||
| 20 | available for use at any time during such period of study | ||||||
| 21 | except as provided in
subsection (b) of Section 65.40.
| ||||||
| 22 | Scholarships issued to holders of a valid certificate | ||||||
| 23 | issued under the
laws relating to the certification of teachers | ||||||
| 24 | as provided in
paragraph (2) of this subsection may also | ||||||
| 25 | entitle the holder thereof to
a program of teacher education | ||||||
| 26 | that will prepare the student for the
teaching of children | ||||||
| |||||||
| |||||||
| 1 | described in Section 14-1 of the School Code at the
graduate | ||||||
| 2 | level.
| ||||||
| 3 | (b) The principal, or his or her
designee, of an approved | ||||||
| 4 | high school shall
certify to the Commission, for students who | ||||||
| 5 | are Illinois residents and are
completing an application, that | ||||||
| 6 | the students ranked
scholastically in the upper one-half of | ||||||
| 7 | their graduating class at
the end of
the sixth semester.
| ||||||
| 8 | (c) Each holder of a scholarship must furnish proof to the
| ||||||
| 9 | Commission, in such form and at such intervals as the
| ||||||
| 10 | Commission prescribes, of the holder's continued
enrollment in | ||||||
| 11 | a teacher education program qualifying the holder for the
| ||||||
| 12 | scholarship. Any holder of a scholarship who fails to register | ||||||
| 13 | in a
special education program of teacher education at the | ||||||
| 14 | university within 10
days after the
commencement of the term, | ||||||
| 15 | quarter or semester immediately following the
receipt of the | ||||||
| 16 | scholarship or who, having registered, withdraws from the
| ||||||
| 17 | university or transfers out of teacher education, shall | ||||||
| 18 | thereupon
forfeit the right to use it and it may be granted to | ||||||
| 19 | the person having
the next highest rank as shown on the list | ||||||
| 20 | held by the
Commission. If the person having the next
highest | ||||||
| 21 | rank, within 10 days after notification thereof by the
| ||||||
| 22 | Commission, fails to register at any such
university in a | ||||||
| 23 | special education program of teacher education, or who,
having | ||||||
| 24 | registered,
withdraws from the university or transfers out of | ||||||
| 25 | teacher education, the
scholarship may then be granted to the | ||||||
| 26 | person shown on the list as
having the rank next below such | ||||||
| |||||||
| |||||||
| 1 | person.
| ||||||
| 2 | (d) Any person who has accepted a scholarship under the | ||||||
| 3 | preceding
subsections of this Section must, within one year | ||||||
| 4 | after graduation from or
termination of
enrollment in a teacher | ||||||
| 5 | education program, begin teaching at a nonprofit
Illinois | ||||||
| 6 | public,
private, or parochial preschool or elementary or | ||||||
| 7 | secondary school for a period of at least 2 of the
5 years
| ||||||
| 8 | immediately following that graduation or termination, | ||||||
| 9 | excluding, however, from
the computation of that 5 year period | ||||||
| 10 | (i) any time up to 3 years
spent in the
military service, | ||||||
| 11 | whether such service occurs before or after the person
| ||||||
| 12 | graduates; (ii) any time
that person is enrolled full-time in | ||||||
| 13 | an academic program related to the field
of teaching leading to | ||||||
| 14 | a
graduate or postgraduate degree; (iii) the time that person | ||||||
| 15 | is
a person with a temporary total disability temporarily | ||||||
| 16 | totally disabled for a period of time not to exceed 3 years, as
| ||||||
| 17 | established by the sworn affidavit of a qualified physician; | ||||||
| 18 | (iv) the time that
person is seeking and unable to find full | ||||||
| 19 | time employment as a teacher at an
Illinois public, private, or | ||||||
| 20 | parochial school; (v) the time that person is
taking additional | ||||||
| 21 | courses, on at least a half-time basis, needed to obtain
| ||||||
| 22 | certification as a teacher in Illinois; or (vi) the time that | ||||||
| 23 | person is fulfilling teaching requirements associated with | ||||||
| 24 | other programs administered by the Commission if he or she | ||||||
| 25 | cannot concurrently fulfill them under this Section in a period | ||||||
| 26 | of time equal to the length of the teaching obligation.
| ||||||
| |||||||
| |||||||
| 1 | A person who has accepted a scholarship under the preceding
| ||||||
| 2 | subsections of this Section and who has been unable to
fulfill | ||||||
| 3 | the teaching requirements of this Section may
receive a | ||||||
| 4 | deferment from the obligation of repayment under
this | ||||||
| 5 | subsection (d) under guidelines established by the Commission; | ||||||
| 6 | provided
that no guideline established for any such purpose by | ||||||
| 7 | the State Board of
Education prior to the effective date of | ||||||
| 8 | this amendatory Act of 1993 shall be
affected by the transfer | ||||||
| 9 | to the Commission of the responsibility for
administering and | ||||||
| 10 | implementing the provisions of this Section, and all
guidelines | ||||||
| 11 | so established shall become the guidelines of the Commission | ||||||
| 12 | until
modified or changed by the Commission.
| ||||||
| 13 | Any such person who fails to fulfill this teaching | ||||||
| 14 | requirement shall pay
to the Commission the amount of tuition | ||||||
| 15 | waived by
virtue of his or her acceptance of the scholarship, | ||||||
| 16 | together with interest at
5% per year on that amount. However, | ||||||
| 17 | this obligation to repay the
amount of
tuition waived plus | ||||||
| 18 | interest does not apply when the failure to fulfill the
| ||||||
| 19 | teaching requirement results from the death or adjudication as | ||||||
| 20 | a person
under legal disability of the person holding the | ||||||
| 21 | scholarship, and no claim for
repayment may be filed against | ||||||
| 22 | the estate of such a decedent or person under
legal disability. | ||||||
| 23 | Payments received by the Commission under this subsection
(d) | ||||||
| 24 | shall be remitted to the State
Treasurer for deposit in
the | ||||||
| 25 | General Revenue
Fund. Each person receiving a
scholarship shall | ||||||
| 26 | be
provided with a
description of the provisions of this | ||||||
| |||||||
| |||||||
| 1 | subsection (d) at the time
he or she qualifies for the benefits | ||||||
| 2 | of
such a scholarship.
| ||||||
| 3 | (e) This Section is basically the same as Sections
30-1, | ||||||
| 4 | 30-2, 30-3, and
30-4a of the School Code, which are repealed by | ||||||
| 5 | this amendatory Act of 1993,
and shall be construed as a | ||||||
| 6 | continuation of the teacher scholarship program
established by | ||||||
| 7 | that prior law, and not as a new or different teacher
| ||||||
| 8 | scholarship program. The State Board of Education shall | ||||||
| 9 | transfer to the
Commission, as the successor to the State Board | ||||||
| 10 | of Education for all purposes
of administering and implementing | ||||||
| 11 | the provisions of this Section, all books,
accounts, records, | ||||||
| 12 | papers, documents, contracts, agreements, and pending
business | ||||||
| 13 | in any way relating to the teacher scholarship program | ||||||
| 14 | continued under
this Section; and all scholarships at any time | ||||||
| 15 | awarded under that program by,
and all applications for any | ||||||
| 16 | such scholarships at any time made to, the State
Board of | ||||||
| 17 | Education shall be unaffected by the transfer
to the Commission | ||||||
| 18 | of all responsibility for the administration and
| ||||||
| 19 | implementation of the teacher scholarship program continued | ||||||
| 20 | under this
Section. The State Board of Education shall furnish | ||||||
| 21 | to the Commission such
other information as the Commission may | ||||||
| 22 | request to assist it in administering
this Section.
| ||||||
| 23 | (Source: P.A. 94-133, eff. 7-1-06.)
| ||||||
| 24 | (110 ILCS 947/65.70)
| ||||||
| 25 | Sec. 65.70. Optometric Education Scholarship Program.
| ||||||
| |||||||
| |||||||
| 1 | (a) The General Assembly finds and declares that the | ||||||
| 2 | provision of graduate
education leading to a doctoral degree in | ||||||
| 3 | optometry for persons of this State
who desire
such an | ||||||
| 4 | education is important to the health and welfare of this State | ||||||
| 5 | and
Nation and,
consequently, is an important public purpose. | ||||||
| 6 | Many qualified potential
optometrists are
deterred by | ||||||
| 7 | financial considerations from pursuing their optometric | ||||||
| 8 | education
with
consequent irreparable loss to the State and | ||||||
| 9 | Nation of talents vital to health
and welfare.
A program of | ||||||
| 10 | scholarships, repayment of which may be excused if the | ||||||
| 11 | individual
practices professional optometry in this State, | ||||||
| 12 | will enable such individuals to
attend
qualified public or | ||||||
| 13 | private institutions of their choice in the State.
| ||||||
| 14 | (b) Beginning with the 2003-2004 academic year, the | ||||||
| 15 | Commission shall, each
year, consider applications for | ||||||
| 16 | scholarship assistance under this Section. An
applicant is
| ||||||
| 17 | eligible for a scholarship under this Section if the Commission | ||||||
| 18 | finds that
the applicant
is:
| ||||||
| 19 | (1) a United States citizen or eligible noncitizen;
| ||||||
| 20 | (2) a resident of Illinois; and
| ||||||
| 21 | (3) enrolled on a full-time basis in a public or | ||||||
| 22 | private college of
optometry
located in this State that | ||||||
| 23 | awards a doctorate degree in optometry and is
approved
by | ||||||
| 24 | the Department of Professional Regulation.
| ||||||
| 25 | (c) Each year the Commission shall award 10 scholarships | ||||||
| 26 | under this Section
among applicants qualified pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (b). Two of these
scholarships each
shall be awarded | ||||||
| 2 | to eligible applicants enrolled in their first year, second
| ||||||
| 3 | year, third year,
and fourth year. The remaining 2 scholarships | ||||||
| 4 | shall be awarded to any level of
student.
The Commission shall | ||||||
| 5 | receive funding for the scholarships through
appropriations | ||||||
| 6 | from
the Optometric Licensing and Disciplinary Board Fund. If | ||||||
| 7 | in any year the number
of
qualified applicants exceeds the | ||||||
| 8 | number of scholarships to be awarded, the
Commission
shall give | ||||||
| 9 | priority in awarding scholarships to students demonstrating
| ||||||
| 10 | exceptional merit and who are in financial need. A
scholarship
| ||||||
| 11 | shall be in the amount of $5,000 each year applicable to | ||||||
| 12 | tuition and fees.
| ||||||
| 13 | (d) The total amount of scholarship assistance awarded by | ||||||
| 14 | the Commission
under
this Section to an individual in any given | ||||||
| 15 | fiscal year, when added to other
financial
assistance awarded | ||||||
| 16 | to that individual for that year, shall not exceed the cost
of | ||||||
| 17 | attendance
at the institution at which the student is enrolled.
| ||||||
| 18 | (e) A recipient may receive up to 8 semesters or 12 | ||||||
| 19 | quarters of scholarship
assistance under this Section.
| ||||||
| 20 | (f) Subject to a separate appropriation made for such | ||||||
| 21 | purposes, payment of
any
scholarship awarded under this Section | ||||||
| 22 | shall be determined by the Commission.
All scholarship funds | ||||||
| 23 | distributed in accordance with this Section shall be paid
to | ||||||
| 24 | the
institution on behalf of the recipients. Scholarship funds | ||||||
| 25 | are applicable
toward 2
semesters or 3 quarters of enrollment | ||||||
| 26 | within an academic year.
| ||||||
| |||||||
| |||||||
| 1 | (g) The Commission shall administer the Optometric | ||||||
| 2 | Education Scholarship
Program established by this Section and | ||||||
| 3 | shall make all necessary and proper
rules not
inconsistent with | ||||||
| 4 | this Section for its effective implementation.
| ||||||
| 5 | (h) Prior to receiving scholarship assistance for any | ||||||
| 6 | academic year, each
recipient of a scholarship awarded under | ||||||
| 7 | this Section shall be required by the
Commission to sign an | ||||||
| 8 | agreement under which the recipient pledges that, within
the
| ||||||
| 9 | one-year period following the termination of the academic | ||||||
| 10 | program for which the
recipient was awarded a scholarship, the | ||||||
| 11 | recipient shall practice in this State
as a
licensed | ||||||
| 12 | optometrist under the Illinois Optometric Practice Act of 1987 | ||||||
| 13 | for a
period of not
less than one year for each year of | ||||||
| 14 | scholarship assistance awarded under this
Section.
Each | ||||||
| 15 | recipient shall, upon request of the Commission, provide the | ||||||
| 16 | Commission
with
evidence that he or she is fulfilling or has | ||||||
| 17 | fulfilled the terms of the
practice agreement
provided for in | ||||||
| 18 | this subsection.
| ||||||
| 19 | (i) If a recipient of a scholarship awarded under this | ||||||
| 20 | Section fails to
fulfill the
practice obligation set forth in | ||||||
| 21 | subsection (h) of this Section, the
Commission shall
require | ||||||
| 22 | the recipient to repay the amount of the scholarships received,
| ||||||
| 23 | prorated according
to the fraction of the obligation not | ||||||
| 24 | completed, plus interest at a rate of 5%
and, if
applicable, | ||||||
| 25 | reasonable collection fees. The Commission is authorized to
| ||||||
| 26 | establish rules
relating to its collection activities for | ||||||
| |||||||
| |||||||
| 1 | repayment of scholarships under this
Section.
| ||||||
| 2 | (j) A recipient of a scholarship awarded by the Commission | ||||||
| 3 | under this
Section
shall not be in violation of the agreement | ||||||
| 4 | entered into pursuant to subsection
(h) if the recipient (i) is | ||||||
| 5 | serving as a member of the armed services of the
United States;
| ||||||
| 6 | (ii) is
enrolled in a residency program following graduation at | ||||||
| 7 | an approved
institution; (iii) is
a person with a temporary | ||||||
| 8 | total disability temporarily totally disabled, as established | ||||||
| 9 | by sworn affidavit of a qualified
physician; or
(iii) cannot | ||||||
| 10 | fulfill the employment obligation due to his or her death,
| ||||||
| 11 | disability, or
incompetency, as established by sworn affidavit | ||||||
| 12 | of a qualified physician. No
claim for
repayment may be filed | ||||||
| 13 | against the estate of such a decedent or incompetent.
Any
| ||||||
| 14 | extension of the period during which the employment requirement | ||||||
| 15 | must be
fulfilled shall
be subject to limitations of duration | ||||||
| 16 | as established by the Commission.
| ||||||
| 17 | (Source: P.A. 92-569, eff. 6-26-02.)
| ||||||
| 18 | (110 ILCS 947/105)
| ||||||
| 19 | Sec. 105. Procedure on default. Upon default by the | ||||||
| 20 | borrower on any
loan guaranteed under this Act, upon the death | ||||||
| 21 | of the borrower, or upon
report from the lender that the | ||||||
| 22 | borrower has become a person with a total and permanent | ||||||
| 23 | disability totally and permanently
disabled, as determined in | ||||||
| 24 | accordance with the Higher Education Act of
1965, the lender | ||||||
| 25 | shall promptly notify the Commission, and the Commission shall
| ||||||
| |||||||
| |||||||
| 1 | pay to the lender the amount of loss sustained by the lender | ||||||
| 2 | upon that loan as
soon as that amount has been determined. The | ||||||
| 3 | amount of loss on any loan shall
be determined in accordance | ||||||
| 4 | with the definitions, rules, and regulations of the
Commission, | ||||||
| 5 | and shall not exceed (1) the unpaid balance of the principal
| ||||||
| 6 | amount; (2) the unpaid accrued interest; and (3) the unpaid | ||||||
| 7 | late charges.
| ||||||
| 8 | Upon payment by the Commission of the guaranteed portion of | ||||||
| 9 | the loss,
the Commission shall be subrogated to the rights of | ||||||
| 10 | the holder of the
obligation upon the insured loan and shall be | ||||||
| 11 | entitled to an assignment of
the note or other evidence of the | ||||||
| 12 | guaranteed loan by the lender.
The Commission shall file any | ||||||
| 13 | and all lawsuits on delinquent and defaulted
student loans in | ||||||
| 14 | the County of Cook where venue shall be deemed to be proper.
A | ||||||
| 15 | defendant may request a change of venue to the county where he | ||||||
| 16 | resides,
and the court has the authority to grant the change. | ||||||
| 17 | Any defendant, within
30 days of service of summons, may file a | ||||||
| 18 | written request by mail with the
Commission to change venue. | ||||||
| 19 | Upon receipt, the Commission shall move the
court for the | ||||||
| 20 | change of venue.
| ||||||
| 21 | The Commission shall upon the filing and completion of the | ||||||
| 22 | requirements
for the "Adjustment of Debts of an Individual with | ||||||
| 23 | Regular Income", pursuant
to Title 11, Chapter l3 of the United | ||||||
| 24 | States Code, proceed to collect
the outstanding balance of the | ||||||
| 25 | loan guaranteed under this Act. Educational
loans guaranteed | ||||||
| 26 | under this Act shall not be discharged by the filing of
the | ||||||
| |||||||
| |||||||
| 1 | "Adjustment of Debts of an Individual with Regular Income", | ||||||
| 2 | unless the
loan first became due more than 5 years, exclusive | ||||||
| 3 | of any applicable suspension
period, prior to the filing of the | ||||||
| 4 | petition; or unless excepting the debt from
discharge will | ||||||
| 5 | impose an undue hardship on the debtor and the debtor's
| ||||||
| 6 | dependents.
| ||||||
| 7 | The Commission shall proceed to recover educational loans | ||||||
| 8 | upon the filing
of a petition under "Individual Liquidation", | ||||||
| 9 | pursuant to Title 11, Chapter
7 of the United States Code, | ||||||
| 10 | unless the loan first became due more than 5
years, exclusive | ||||||
| 11 | of any applicable suspension period, prior to the filing of
the | ||||||
| 12 | petition; or unless excepting the debt from discharge will | ||||||
| 13 | impose an undue
hardship on the debtor and the debtor's | ||||||
| 14 | dependents.
| ||||||
| 15 | Nothing in this Section shall be construed to preclude any | ||||||
| 16 | forbearance
for the benefit of the borrower which may be agreed | ||||||
| 17 | upon by the
party to the guaranteed loan and approved by the | ||||||
| 18 | Commission, to preclude
forbearance by the Commission in the | ||||||
| 19 | enforcement of the guaranteed
obligation after payment on that | ||||||
| 20 | guarantee, or to require collection of the
amount of any loan | ||||||
| 21 | by the lender or by the Commission from the estate of a
| ||||||
| 22 | deceased borrower or from a borrower found by the lender to | ||||||
| 23 | have become
a person with a total and permanent disability | ||||||
| 24 | permanently and totally disabled.
| ||||||
| 25 | Nothing in this Section shall be construed to excuse the | ||||||
| 26 | holder of a
loan from exercising reasonable care and diligence | ||||||
| |||||||
| |||||||
| 1 | in the making and
collection of loans under this Act. If the | ||||||
| 2 | Commission after reasonable
notice and opportunity for hearing | ||||||
| 3 | to a lender finds that it has
substantially failed to exercise | ||||||
| 4 | such care and diligence, the Commission
shall disqualify that | ||||||
| 5 | lender for the guarantee of further loans until the
Commission | ||||||
| 6 | is satisfied that the lender's failure has ceased and finds | ||||||
| 7 | that
there is reasonable assurance that the lender will in the | ||||||
| 8 | future exercise
necessary care and diligence or comply with the | ||||||
| 9 | rules and regulations of
the Commission.
| ||||||
| 10 | (Source: P.A. 87-997.)
| ||||||
| 11 | Section 470. The Nurse Educator Assistance Act is amended | ||||||
| 12 | by changing Section 15-30 as follows:
| ||||||
| 13 | (110 ILCS 967/15-30)
| ||||||
| 14 | Sec. 15-30. Repayment upon default; exception.
| ||||||
| 15 | (a) If a recipient of a scholarship awarded under this | ||||||
| 16 | Section fails to fulfill the work agreement required under the | ||||||
| 17 | program, the Commission shall require the recipient to repay | ||||||
| 18 | the amount of the scholarship or scholarships received, | ||||||
| 19 | prorated according to the fraction of the work agreement not | ||||||
| 20 | completed, plus interest at a rate of 5% and, if applicable, | ||||||
| 21 | reasonable collection fees.
| ||||||
| 22 | (b) Payments received by the Commission under this Section | ||||||
| 23 | shall be remitted to the State Comptroller for deposit into the | ||||||
| 24 | General Revenue Fund, except that that portion of a recipient's | ||||||
| |||||||
| |||||||
| 1 | repayment that equals the amount in expenses that the | ||||||
| 2 | Commission has reasonably incurred in attempting collection | ||||||
| 3 | from that recipient shall be remitted to the State Comptroller | ||||||
| 4 | for deposit into the Commission's Accounts Receivable Fund.
| ||||||
| 5 | (c) A recipient of a scholarship awarded by the Commission | ||||||
| 6 | under the program shall not be in violation of the agreement | ||||||
| 7 | entered into pursuant to this Article if the recipient is (i) | ||||||
| 8 | serving as a member of the armed services of the United States, | ||||||
| 9 | (ii) a person with a temporary total disability temporarily | ||||||
| 10 | totally disabled, as established by a sworn affidavit of a | ||||||
| 11 | qualified physician, (iii) seeking and unable to find full-time | ||||||
| 12 | employment as a nursing educator and is able to provide | ||||||
| 13 | evidence of that fact, or (iv) taking additional courses, on at | ||||||
| 14 | least a half-time basis, related to nursing education. Any | ||||||
| 15 | extension of the period during which the work requirement must | ||||||
| 16 | be fulfilled shall be subject to limitations of duration | ||||||
| 17 | established by the Commission.
| ||||||
| 18 | (Source: P.A. 94-1020, eff. 7-11-06.)
| ||||||
| 19 | Section 475. The Senior Citizen Courses Act is amended by | ||||||
| 20 | changing Section 1 as follows:
| ||||||
| 21 | (110 ILCS 990/1) (from Ch. 144, par. 1801)
| ||||||
| 22 | Sec. 1. Definitions. For the purposes of this Act:
| ||||||
| 23 | (a) "Public institutions of higher education" means the | ||||||
| 24 | University of
Illinois, Southern Illinois University,
Chicago | ||||||
| |||||||
| |||||||
| 1 | State University, Eastern Illinois University, Governors State
| ||||||
| 2 | University, Illinois State University, Northeastern Illinois | ||||||
| 3 | University,
Northern Illinois University, Western Illinois | ||||||
| 4 | University, and
the public community colleges subject to the | ||||||
| 5 | "Public Community College Act".
| ||||||
| 6 | (b) "Credit Course" means any program of study for which | ||||||
| 7 | public
institutions of higher education award credit hours.
| ||||||
| 8 | (c) "Senior citizen" means any person 65 years or older | ||||||
| 9 | whose annual
household income is less than the threshold amount | ||||||
| 10 | provided in Section 4 of
the "Senior Citizens and Persons with | ||||||
| 11 | Disabilities Disabled Persons Property Tax Relief Act", | ||||||
| 12 | approved July 17, 1972, as amended.
| ||||||
| 13 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 14 | Section 480. The Illinois Banking Act is amended by | ||||||
| 15 | changing Section 48.1 as follows:
| ||||||
| 16 | (205 ILCS 5/48.1) (from Ch. 17, par. 360)
| ||||||
| 17 | Sec. 48.1. Customer financial records; confidentiality.
| ||||||
| 18 | (a) For the purpose of this Section, the term "financial | ||||||
| 19 | records" means any
original, any copy, or any summary of:
| ||||||
| 20 | (1) a document granting signature
authority over a | ||||||
| 21 | deposit or account;
| ||||||
| 22 | (2) a statement, ledger card or other
record on any | ||||||
| 23 | deposit or account, which shows each transaction in or with
| ||||||
| 24 | respect to that account;
| ||||||
| |||||||
| |||||||
| 1 | (3) a check, draft or money order drawn on a bank
or | ||||||
| 2 | issued and payable by a bank; or
| ||||||
| 3 | (4) any other item containing
information pertaining | ||||||
| 4 | to any relationship established in the ordinary
course of a | ||||||
| 5 | bank's business between a bank and its customer, including
| ||||||
| 6 | financial statements or other financial information | ||||||
| 7 | provided by the customer.
| ||||||
| 8 | (b) This Section does not prohibit:
| ||||||
| 9 | (1) The preparation, examination, handling or | ||||||
| 10 | maintenance of any
financial records by any officer, | ||||||
| 11 | employee or agent of a bank
having custody of the records, | ||||||
| 12 | or the examination of the records by a
certified public | ||||||
| 13 | accountant engaged by the bank to perform an independent
| ||||||
| 14 | audit.
| ||||||
| 15 | (2) The examination of any financial records by, or the | ||||||
| 16 | furnishing of
financial records by a bank to, any officer, | ||||||
| 17 | employee or agent of (i) the
Commissioner of Banks and Real | ||||||
| 18 | Estate, (ii) after May
31, 1997, a state regulatory | ||||||
| 19 | authority authorized to examine a branch of a
State bank | ||||||
| 20 | located in another state, (iii) the Comptroller of the | ||||||
| 21 | Currency,
(iv) the Federal Reserve Board, or (v) the | ||||||
| 22 | Federal Deposit Insurance
Corporation for use solely in the | ||||||
| 23 | exercise of his duties as an officer,
employee, or agent.
| ||||||
| 24 | (3) The publication of data furnished from financial | ||||||
| 25 | records
relating to customers where the data cannot be | ||||||
| 26 | identified to any
particular customer or account.
| ||||||
| |||||||
| |||||||
| 1 | (4) The making of reports or returns required under | ||||||
| 2 | Chapter 61 of
the Internal Revenue Code of 1986.
| ||||||
| 3 | (5) Furnishing information concerning the dishonor of | ||||||
| 4 | any negotiable
instrument permitted to be disclosed under | ||||||
| 5 | the Uniform Commercial Code.
| ||||||
| 6 | (6) The exchange in the regular course of business of | ||||||
| 7 | (i) credit
information
between a bank and other banks or | ||||||
| 8 | financial institutions or commercial
enterprises, directly | ||||||
| 9 | or through a consumer reporting agency or (ii)
financial | ||||||
| 10 | records or information derived from financial records | ||||||
| 11 | between a bank
and other banks or financial institutions or | ||||||
| 12 | commercial enterprises for the
purpose of conducting due | ||||||
| 13 | diligence pursuant to a purchase or sale involving
the bank | ||||||
| 14 | or assets or liabilities of the bank.
| ||||||
| 15 | (7) The furnishing of information to the appropriate | ||||||
| 16 | law enforcement
authorities where the bank reasonably | ||||||
| 17 | believes it has been the victim of a
crime.
| ||||||
| 18 | (8) The furnishing of information under the Uniform | ||||||
| 19 | Disposition of
Unclaimed Property Act.
| ||||||
| 20 | (9) The furnishing of information under the Illinois | ||||||
| 21 | Income Tax Act and
the Illinois Estate and | ||||||
| 22 | Generation-Skipping Transfer Tax Act.
| ||||||
| 23 | (10) The furnishing of information under the federal | ||||||
| 24 | Currency
and Foreign Transactions Reporting Act Title 31, | ||||||
| 25 | United States
Code, Section 1051 et seq.
| ||||||
| 26 | (11) The furnishing of information under any other | ||||||
| |||||||
| |||||||
| 1 | statute that
by its terms or by regulations promulgated | ||||||
| 2 | thereunder requires the disclosure
of financial records | ||||||
| 3 | other than by subpoena, summons, warrant, or court order.
| ||||||
| 4 | (12) The furnishing of information about the existence | ||||||
| 5 | of an account
of a person to a judgment creditor of that | ||||||
| 6 | person who has made a written
request for that information.
| ||||||
| 7 | (13) The exchange in the regular course of business of | ||||||
| 8 | information
between commonly owned banks in connection | ||||||
| 9 | with a transaction authorized
under paragraph (23) of
| ||||||
| 10 | Section 5 and conducted at an affiliate facility.
| ||||||
| 11 | (14) The furnishing of information in accordance with | ||||||
| 12 | the federal
Personal Responsibility and Work Opportunity | ||||||
| 13 | Reconciliation Act of 1996.
Any bank governed by this Act | ||||||
| 14 | shall enter into an agreement for data
exchanges with a | ||||||
| 15 | State agency provided the State agency
pays to the bank a | ||||||
| 16 | reasonable fee not to exceed its
actual cost incurred. A | ||||||
| 17 | bank providing
information in accordance with this item | ||||||
| 18 | shall not be liable to any account
holder or other person | ||||||
| 19 | for any disclosure of information to a State agency, for
| ||||||
| 20 | encumbering or surrendering any assets held by the bank in | ||||||
| 21 | response to a lien
or order to withhold and deliver issued | ||||||
| 22 | by a State agency, or for any other
action taken pursuant | ||||||
| 23 | to this item, including individual or mechanical errors,
| ||||||
| 24 | provided the action does not constitute gross negligence or | ||||||
| 25 | willful misconduct.
A bank shall have no obligation to | ||||||
| 26 | hold, encumber, or surrender assets until
it has been | ||||||
| |||||||
| |||||||
| 1 | served with a subpoena, summons, warrant, court or | ||||||
| 2 | administrative
order,
lien, or levy.
| ||||||
| 3 | (15) The exchange in the regular course of business of | ||||||
| 4 | information
between
a bank and any commonly owned affiliate | ||||||
| 5 | of the bank, subject to the provisions
of the Financial | ||||||
| 6 | Institutions Insurance Sales Law.
| ||||||
| 7 | (16) The furnishing of information to law enforcement | ||||||
| 8 | authorities, the
Illinois Department on
Aging and its | ||||||
| 9 | regional administrative and provider agencies, the | ||||||
| 10 | Department of
Human Services Office
of Inspector General, | ||||||
| 11 | or public guardians: (i) upon subpoena by the investigatory | ||||||
| 12 | entity or the guardian, or (ii) if there is suspicion by | ||||||
| 13 | the bank that a customer
who is an elderly person or person | ||||||
| 14 | with a disability or
disabled person has been or may become | ||||||
| 15 | the victim of financial exploitation.
For the purposes of | ||||||
| 16 | this
item (16), the term: (i) "elderly person" means a | ||||||
| 17 | person who is 60 or more
years of age, (ii) "disabled
| ||||||
| 18 | person" means a person who has or reasonably appears to the | ||||||
| 19 | bank to have a
physical or mental
disability that impairs | ||||||
| 20 | his or her ability to seek or obtain protection from or
| ||||||
| 21 | prevent financial
exploitation, and (iii) "financial | ||||||
| 22 | exploitation" means tortious or illegal use
of the assets | ||||||
| 23 | or resources of
an elderly or disabled person, and | ||||||
| 24 | includes, without limitation,
misappropriation of the | ||||||
| 25 | elderly or
disabled person's assets or resources by undue | ||||||
| 26 | influence, breach of fiduciary
relationship, intimidation,
| ||||||
| |||||||
| |||||||
| 1 | fraud, deception, extortion, or the use of assets or | ||||||
| 2 | resources in any manner
contrary to law. A bank or
person | ||||||
| 3 | furnishing information pursuant to this item (16) shall be | ||||||
| 4 | entitled to
the same rights and
protections as a person | ||||||
| 5 | furnishing information under the Adult Protective Services | ||||||
| 6 | Act and the Illinois
Domestic Violence Act of 1986.
| ||||||
| 7 | (17) The disclosure of financial records or | ||||||
| 8 | information as necessary to
effect, administer, or enforce | ||||||
| 9 | a transaction requested or authorized by the
customer, or | ||||||
| 10 | in connection with:
| ||||||
| 11 | (A) servicing or processing a financial product or | ||||||
| 12 | service requested or
authorized by the customer;
| ||||||
| 13 | (B) maintaining or servicing a customer's account | ||||||
| 14 | with the bank; or
| ||||||
| 15 | (C) a proposed or actual securitization or | ||||||
| 16 | secondary market sale
(including sales of servicing | ||||||
| 17 | rights) related to a
transaction of a customer.
| ||||||
| 18 | Nothing in this item (17), however, authorizes the sale | ||||||
| 19 | of the financial
records or information of a customer | ||||||
| 20 | without the consent of the customer.
| ||||||
| 21 | (18) The disclosure of financial records or | ||||||
| 22 | information as necessary to
protect against actual or | ||||||
| 23 | potential fraud, unauthorized transactions, claims,
or | ||||||
| 24 | other liability.
| ||||||
| 25 | (19)(a) The disclosure of financial records or | ||||||
| 26 | information
related to a private label credit program | ||||||
| |||||||
| |||||||
| 1 | between a financial
institution and a private label party | ||||||
| 2 | in connection with that
private label credit program. Such | ||||||
| 3 | information is limited to
outstanding balance, available | ||||||
| 4 | credit, payment and performance
and account history, | ||||||
| 5 | product references, purchase information,
and information
| ||||||
| 6 | related to the identity of the customer.
| ||||||
| 7 | (b)(l) For purposes of this paragraph (19) of | ||||||
| 8 | subsection
(b) of Section 48.1, a "private label credit | ||||||
| 9 | program" means a
credit program involving a financial | ||||||
| 10 | institution and a private label
party that is used by a | ||||||
| 11 | customer of the financial institution and the
private label | ||||||
| 12 | party primarily for payment for goods or services
sold, | ||||||
| 13 | manufactured, or distributed by a private label party.
| ||||||
| 14 | (2) For purposes of this paragraph (19) of subsection | ||||||
| 15 | (b)
of Section 48.l, a "private label party" means, with | ||||||
| 16 | respect to a
private label credit program, any of the | ||||||
| 17 | following: a
retailer, a merchant, a manufacturer, a trade | ||||||
| 18 | group,
or any such person's affiliate, subsidiary, member,
| ||||||
| 19 | agent, or service provider.
| ||||||
| 20 | (c) Except as otherwise provided by this Act, a bank may | ||||||
| 21 | not disclose to
any person, except to the customer or his
duly | ||||||
| 22 | authorized agent, any financial records or financial | ||||||
| 23 | information
obtained from financial records relating to that | ||||||
| 24 | customer of
that bank unless:
| ||||||
| 25 | (1) the customer has authorized disclosure to the | ||||||
| 26 | person;
| ||||||
| |||||||
| |||||||
| 1 | (2) the financial records are disclosed in response to | ||||||
| 2 | a lawful
subpoena, summons, warrant, citation to discover | ||||||
| 3 | assets, or court order which meets the requirements
of | ||||||
| 4 | subsection (d) of this Section; or
| ||||||
| 5 | (3) the bank is attempting to collect an obligation | ||||||
| 6 | owed to the bank
and the bank complies with the provisions | ||||||
| 7 | of Section 2I of the Consumer
Fraud and Deceptive Business | ||||||
| 8 | Practices Act.
| ||||||
| 9 | (d) A bank shall disclose financial records under paragraph | ||||||
| 10 | (2) of
subsection (c) of this Section under a lawful subpoena, | ||||||
| 11 | summons, warrant, citation to discover assets, or
court order | ||||||
| 12 | only after the bank mails a copy of the subpoena, summons, | ||||||
| 13 | warrant, citation to discover assets,
or court order to the | ||||||
| 14 | person establishing the relationship with the bank, if
living, | ||||||
| 15 | and, otherwise his personal representative, if known, at his | ||||||
| 16 | last known
address by first class mail, postage prepaid, unless | ||||||
| 17 | the bank is specifically
prohibited from notifying the person | ||||||
| 18 | by order of court or by applicable State
or federal law. A bank | ||||||
| 19 | shall not mail a copy of a subpoena to any person
pursuant to | ||||||
| 20 | this subsection if the subpoena was issued by a grand jury | ||||||
| 21 | under
the Statewide Grand Jury Act.
| ||||||
| 22 | (e) Any officer or employee of a bank who knowingly and
| ||||||
| 23 | willfully furnishes financial records in violation of this | ||||||
| 24 | Section is
guilty of a business offense and, upon conviction, | ||||||
| 25 | shall be fined not
more than $1,000.
| ||||||
| 26 | (f) Any person who knowingly and willfully induces or | ||||||
| |||||||
| |||||||
| 1 | attempts to
induce any officer or employee of a bank to | ||||||
| 2 | disclose financial
records in violation of this Section is | ||||||
| 3 | guilty of a business offense
and, upon conviction, shall be | ||||||
| 4 | fined not more than $1,000.
| ||||||
| 5 | (g) A bank shall be reimbursed for costs that are | ||||||
| 6 | reasonably necessary
and that have been directly incurred in | ||||||
| 7 | searching for, reproducing, or
transporting books, papers, | ||||||
| 8 | records, or other data of a customer required or
requested to | ||||||
| 9 | be produced pursuant to a lawful subpoena, summons, warrant, | ||||||
| 10 | citation to discover assets, or
court order. The Commissioner | ||||||
| 11 | shall determine the rates and conditions
under which payment | ||||||
| 12 | may be made.
| ||||||
| 13 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 14 | Section 485. The Savings Bank Act is amended by changing | ||||||
| 15 | Section 4013 as follows:
| ||||||
| 16 | (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
| ||||||
| 17 | Sec. 4013. Access to books and records; communication with | ||||||
| 18 | members
and shareholders. | ||||||
| 19 | (a) Every member or shareholder shall have the right to | ||||||
| 20 | inspect books
and records of the savings bank that pertain to | ||||||
| 21 | his accounts. Otherwise,
the right of inspection and | ||||||
| 22 | examination of the books and records shall be
limited as | ||||||
| 23 | provided in this Act, and no other person shall have access to
| ||||||
| 24 | the books and records nor shall be entitled to a list of the | ||||||
| |||||||
| |||||||
| 1 | members or
shareholders.
| ||||||
| 2 | (b) For the purpose of this Section, the term "financial | ||||||
| 3 | records" means
any original, any copy, or any summary of (1) a | ||||||
| 4 | document granting signature
authority over a deposit or | ||||||
| 5 | account; (2) a statement, ledger card, or other
record on any | ||||||
| 6 | deposit or account that shows each transaction in or with
| ||||||
| 7 | respect to that account; (3) a check, draft, or money order | ||||||
| 8 | drawn on a
savings bank or issued and payable by a savings | ||||||
| 9 | bank; or (4) any other item
containing information pertaining | ||||||
| 10 | to any relationship established in the
ordinary course of a | ||||||
| 11 | savings bank's business between a savings bank and
its | ||||||
| 12 | customer, including financial statements or other financial | ||||||
| 13 | information
provided by the member or shareholder.
| ||||||
| 14 | (c) This Section does not prohibit:
| ||||||
| 15 | (1) The preparation examination, handling, or | ||||||
| 16 | maintenance of any
financial records by any officer, | ||||||
| 17 | employee, or agent of a savings bank
having custody of | ||||||
| 18 | records or examination of records by a certified public
| ||||||
| 19 | accountant engaged by the savings bank to perform an | ||||||
| 20 | independent audit.
| ||||||
| 21 | (2) The examination of any financial records by, or the | ||||||
| 22 | furnishing of
financial records by a savings bank to, any | ||||||
| 23 | officer, employee, or agent of
the Commissioner of Banks | ||||||
| 24 | and Real Estate or the federal depository
institution | ||||||
| 25 | regulator for use
solely in
the exercise of his duties as | ||||||
| 26 | an officer, employee, or agent.
| ||||||
| |||||||
| |||||||
| 1 | (3) The publication of data furnished from financial | ||||||
| 2 | records relating
to members or holders of capital where the | ||||||
| 3 | data cannot be identified to any
particular member, | ||||||
| 4 | shareholder, or account.
| ||||||
| 5 | (4) The making of reports or returns required under | ||||||
| 6 | Chapter 61 of the
Internal Revenue Code of 1986.
| ||||||
| 7 | (5) Furnishing information concerning the dishonor of | ||||||
| 8 | any negotiable
instrument permitted to be disclosed under | ||||||
| 9 | the Uniform Commercial Code.
| ||||||
| 10 | (6) The exchange in the regular course of business of | ||||||
| 11 | (i) credit
information between a savings bank and other | ||||||
| 12 | savings banks or financial
institutions or commercial | ||||||
| 13 | enterprises, directly or through a consumer
reporting | ||||||
| 14 | agency
or (ii) financial records or information derived | ||||||
| 15 | from financial records
between a savings bank and other | ||||||
| 16 | savings banks or financial institutions or
commercial | ||||||
| 17 | enterprises for the purpose of conducting due diligence | ||||||
| 18 | pursuant to
a purchase or sale involving the savings bank | ||||||
| 19 | or assets or liabilities of the
savings bank.
| ||||||
| 20 | (7) The furnishing of information to the appropriate | ||||||
| 21 | law enforcement
authorities where the savings bank | ||||||
| 22 | reasonably believes it has been the
victim of a crime.
| ||||||
| 23 | (8) The furnishing of information pursuant to the | ||||||
| 24 | Uniform Disposition
of Unclaimed Property Act.
| ||||||
| 25 | (9) The furnishing of information pursuant to the | ||||||
| 26 | Illinois Income Tax
Act
and the Illinois Estate and | ||||||
| |||||||
| |||||||
| 1 | Generation-Skipping Transfer Tax Act.
| ||||||
| 2 | (10) The furnishing of information pursuant to the | ||||||
| 3 | federal "Currency
and Foreign Transactions Reporting Act", | ||||||
| 4 | (Title 31, United States Code,
Section 1051 et seq.).
| ||||||
| 5 | (11) The furnishing of information pursuant to any | ||||||
| 6 | other statute which
by its terms or by regulations | ||||||
| 7 | promulgated thereunder requires the
disclosure of | ||||||
| 8 | financial records other than by subpoena, summons, | ||||||
| 9 | warrant, or
court order.
| ||||||
| 10 | (12) The furnishing of information in accordance with | ||||||
| 11 | the federal
Personal Responsibility and Work Opportunity | ||||||
| 12 | Reconciliation Act of 1996.
Any savings bank governed by | ||||||
| 13 | this Act shall enter into an agreement for data
exchanges | ||||||
| 14 | with a State agency provided the State agency
pays to the | ||||||
| 15 | savings bank a reasonable fee not to exceed its
actual cost | ||||||
| 16 | incurred. A savings bank
providing
information in | ||||||
| 17 | accordance with this item shall not be liable to any | ||||||
| 18 | account
holder or other person for any disclosure of | ||||||
| 19 | information to a State agency, for
encumbering or | ||||||
| 20 | surrendering any assets held by the savings bank in | ||||||
| 21 | response to
a lien
or order to withhold and deliver issued | ||||||
| 22 | by a State agency, or for any other
action taken pursuant | ||||||
| 23 | to this item, including individual or mechanical errors,
| ||||||
| 24 | provided the action does not constitute gross negligence or | ||||||
| 25 | willful misconduct.
A savings bank shall have no obligation | ||||||
| 26 | to hold, encumber, or surrender
assets until
it has been | ||||||
| |||||||
| |||||||
| 1 | served with a subpoena, summons, warrant, court or | ||||||
| 2 | administrative
order,
lien, or levy.
| ||||||
| 3 | (13) The furnishing of information to law enforcement | ||||||
| 4 | authorities, the
Illinois Department on
Aging and its | ||||||
| 5 | regional administrative and provider agencies, the | ||||||
| 6 | Department of
Human Services Office
of Inspector General, | ||||||
| 7 | or public guardians: (i) upon subpoena by the investigatory | ||||||
| 8 | entity or the guardian, or (ii) if there is suspicion by | ||||||
| 9 | the savings bank that a
customer who is an elderly
person | ||||||
| 10 | or person with a disability or disabled person has been or | ||||||
| 11 | may become the victim of financial exploitation.
For the | ||||||
| 12 | purposes of this
item (13), the term: (i) "elderly person" | ||||||
| 13 | means a person who is 60 or more
years of age, (ii) "person | ||||||
| 14 | with a disability disabled
person" means a person who has | ||||||
| 15 | or reasonably appears to the savings bank to
have a | ||||||
| 16 | physical or mental
disability that impairs his or her | ||||||
| 17 | ability to seek or obtain protection from or
prevent | ||||||
| 18 | financial
exploitation, and (iii) "financial exploitation" | ||||||
| 19 | means tortious or illegal use
of the assets or resources of
| ||||||
| 20 | an elderly person or person with a disability or disabled | ||||||
| 21 | person, and includes, without limitation,
misappropriation | ||||||
| 22 | of the elderly or
disabled person's assets or resources of | ||||||
| 23 | the elderly person or person with a disability by undue | ||||||
| 24 | influence, breach of fiduciary
relationship, intimidation,
| ||||||
| 25 | fraud, deception, extortion, or the use of assets or | ||||||
| 26 | resources in any manner
contrary to law. A savings
bank or | ||||||
| |||||||
| |||||||
| 1 | person furnishing information pursuant to this item (13) | ||||||
| 2 | shall be
entitled to the same rights and
protections as a | ||||||
| 3 | person furnishing information under the Adult Protective | ||||||
| 4 | Services Act and the Illinois
Domestic Violence Act of | ||||||
| 5 | 1986.
| ||||||
| 6 | (14) The disclosure of financial records or | ||||||
| 7 | information as necessary to
effect, administer, or enforce | ||||||
| 8 | a transaction requested or authorized by the
member or | ||||||
| 9 | holder of capital, or in connection with:
| ||||||
| 10 | (A) servicing or processing a financial product or | ||||||
| 11 | service requested or
authorized by the member or holder | ||||||
| 12 | of capital;
| ||||||
| 13 | (B) maintaining or servicing an account of a member | ||||||
| 14 | or holder of capital
with the savings bank; or
| ||||||
| 15 | (C) a proposed or actual securitization or | ||||||
| 16 | secondary market sale
(including sales of servicing | ||||||
| 17 | rights) related to a
transaction of a member or holder | ||||||
| 18 | of capital.
| ||||||
| 19 | Nothing in this item (14), however, authorizes the sale | ||||||
| 20 | of the financial
records or information of a member or | ||||||
| 21 | holder of capital without the consent of
the member or | ||||||
| 22 | holder of capital.
| ||||||
| 23 | (15) The exchange in the regular course of business of | ||||||
| 24 | information between
a
savings bank and any commonly owned | ||||||
| 25 | affiliate of the savings bank, subject to
the provisions of | ||||||
| 26 | the Financial Institutions Insurance Sales Law.
| ||||||
| |||||||
| |||||||
| 1 | (16) The disclosure of financial records or | ||||||
| 2 | information as necessary to
protect against or prevent | ||||||
| 3 | actual or potential fraud, unauthorized
transactions, | ||||||
| 4 | claims, or other liability.
| ||||||
| 5 | (17)(a) The disclosure of financial records or | ||||||
| 6 | information
related to a private label credit program | ||||||
| 7 | between a financial
institution and a private label party | ||||||
| 8 | in connection
with that private label credit program. Such | ||||||
| 9 | information
is limited to outstanding balance, available | ||||||
| 10 | credit, payment and
performance and account history, | ||||||
| 11 | product references, purchase
information,
and information | ||||||
| 12 | related to the identity of the
customer.
| ||||||
| 13 | (b)(l) For purposes of this paragraph (17) of | ||||||
| 14 | subsection
(c) of Section 4013, a "private label credit | ||||||
| 15 | program" means a
credit program involving a financial | ||||||
| 16 | institution and a private label
party that is used by a | ||||||
| 17 | customer of the financial institution and the
private label | ||||||
| 18 | party primarily for payment for goods or services
sold, | ||||||
| 19 | manufactured, or distributed by a private label party.
| ||||||
| 20 | (2) For purposes of this paragraph (17) of subsection | ||||||
| 21 | (c)
of Section 4013, a "private label party" means, with | ||||||
| 22 | respect to a
private label credit program, any of the | ||||||
| 23 | following: a
retailer, a merchant, a manufacturer, a trade | ||||||
| 24 | group,
or any such person's affiliate, subsidiary, member,
| ||||||
| 25 | agent, or service provider.
| ||||||
| 26 | (d) A savings bank may not disclose to any person, except | ||||||
| |||||||
| |||||||
| 1 | to the member
or holder of capital or his duly authorized | ||||||
| 2 | agent, any financial records
relating to that member or | ||||||
| 3 | shareholder of the savings bank unless:
| ||||||
| 4 | (1) the member or shareholder has authorized | ||||||
| 5 | disclosure to the person; or
| ||||||
| 6 | (2) the financial records are disclosed in response to | ||||||
| 7 | a lawful
subpoena, summons, warrant, citation to discover | ||||||
| 8 | assets, or court order that meets the requirements of
| ||||||
| 9 | subsection (e) of this Section.
| ||||||
| 10 | (e) A savings bank shall disclose financial records under | ||||||
| 11 | subsection (d)
of this Section pursuant to a lawful subpoena, | ||||||
| 12 | summons, warrant, citation to discover assets, or court
order | ||||||
| 13 | only after the savings bank mails a copy of the subpoena, | ||||||
| 14 | summons,
warrant, citation to discover assets, or court order | ||||||
| 15 | to the person establishing the relationship with
the savings | ||||||
| 16 | bank, if living, and otherwise, his personal representative, if
| ||||||
| 17 | known, at his last known address by first class mail, postage | ||||||
| 18 | prepaid,
unless the savings bank is specifically prohibited | ||||||
| 19 | from notifying the
person by order of court.
| ||||||
| 20 | (f) Any officer or employee of a savings bank who knowingly | ||||||
| 21 | and
willfully furnishes financial records in violation of this | ||||||
| 22 | Section is
guilty of a business offense and, upon conviction, | ||||||
| 23 | shall be fined not
more than $1,000.
| ||||||
| 24 | (g) Any person who knowingly and willfully induces or | ||||||
| 25 | attempts to
induce any officer or employee of a savings bank to | ||||||
| 26 | disclose financial
records in violation of this Section is | ||||||
| |||||||
| |||||||
| 1 | guilty of a business offense and,
upon conviction, shall be | ||||||
| 2 | fined not more than $1,000.
| ||||||
| 3 | (h) If any member or shareholder desires to communicate | ||||||
| 4 | with the other
members or shareholders of the savings bank with | ||||||
| 5 | reference to any question
pending or to be presented at an | ||||||
| 6 | annual or special meeting, the savings
bank shall give that | ||||||
| 7 | person, upon request, a statement of the approximate
number of | ||||||
| 8 | members or shareholders entitled to vote at the meeting and an
| ||||||
| 9 | estimate of the cost of preparing and mailing the | ||||||
| 10 | communication. The
requesting member shall submit the | ||||||
| 11 | communication to the Commissioner
who, upon finding it to be | ||||||
| 12 | appropriate and truthful, shall direct that it
be prepared and | ||||||
| 13 | mailed to the members upon the requesting member's or
| ||||||
| 14 | shareholder's payment or adequate provision for payment of the | ||||||
| 15 | expenses of
preparation and mailing.
| ||||||
| 16 | (i) A savings bank shall be reimbursed for costs that are | ||||||
| 17 | necessary and
that have been directly incurred in searching | ||||||
| 18 | for, reproducing, or
transporting books, papers, records, or | ||||||
| 19 | other data of a customer required
to be reproduced pursuant to | ||||||
| 20 | a lawful subpoena, warrant, citation to discover assets, or | ||||||
| 21 | court order.
| ||||||
| 22 | (j) Notwithstanding the provisions of this Section, a | ||||||
| 23 | savings bank may
sell or otherwise make use of lists of | ||||||
| 24 | customers' names and addresses. All
other information | ||||||
| 25 | regarding a customer's account are subject to the
disclosure | ||||||
| 26 | provisions of this Section. At the request of any customer,
| ||||||
| |||||||
| |||||||
| 1 | that customer's name and address shall be deleted from any list | ||||||
| 2 | that is to
be sold or used in any other manner beyond | ||||||
| 3 | identification of the customer's
accounts.
| ||||||
| 4 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 5 | Section 490. The Illinois Credit Union Act is amended by | ||||||
| 6 | changing Section 10 as follows:
| ||||||
| 7 | (205 ILCS 305/10) (from Ch. 17, par. 4411)
| ||||||
| 8 | Sec. 10. Credit union records; member financial records.
| ||||||
| 9 | (1) A credit union shall establish and maintain books, | ||||||
| 10 | records, accounting
systems and procedures which accurately | ||||||
| 11 | reflect its operations and which
enable the Department to | ||||||
| 12 | readily ascertain the true financial condition
of the credit | ||||||
| 13 | union and whether it is complying with this Act.
| ||||||
| 14 | (2) A photostatic or photographic reproduction of any | ||||||
| 15 | credit union records
shall be admissible as evidence of | ||||||
| 16 | transactions with the credit union.
| ||||||
| 17 | (3)(a) For the purpose of this Section, the term "financial | ||||||
| 18 | records"
means any original, any copy, or any summary of (1) a | ||||||
| 19 | document granting
signature authority over an account, (2) a | ||||||
| 20 | statement, ledger card or other
record on any account which | ||||||
| 21 | shows each transaction in or with respect to
that account, (3) | ||||||
| 22 | a check, draft or money order drawn on a financial
institution | ||||||
| 23 | or other entity or issued and payable by or through a financial
| ||||||
| 24 | institution or other entity, or (4) any other item containing | ||||||
| |||||||
| |||||||
| 1 | information
pertaining to any relationship established in the | ||||||
| 2 | ordinary course of
business between a credit union and its | ||||||
| 3 | member, including financial
statements or other financial | ||||||
| 4 | information provided by the member.
| ||||||
| 5 | (b) This Section does not prohibit:
| ||||||
| 6 | (1) The preparation, examination, handling or | ||||||
| 7 | maintenance of any
financial records by any officer, | ||||||
| 8 | employee or agent of a credit union
having custody of such | ||||||
| 9 | records, or the examination of such records by a
certified | ||||||
| 10 | public accountant engaged by the credit union to perform an
| ||||||
| 11 | independent audit.
| ||||||
| 12 | (2) The examination of any financial records by or the | ||||||
| 13 | furnishing of
financial records by a credit union to any | ||||||
| 14 | officer, employee or agent of
the Department, the National | ||||||
| 15 | Credit Union Administration, Federal Reserve
board or any | ||||||
| 16 | insurer of share accounts for use solely in the exercise of
| ||||||
| 17 | his duties as an officer, employee or agent.
| ||||||
| 18 | (3) The publication of data furnished from financial | ||||||
| 19 | records relating
to members where the data cannot be | ||||||
| 20 | identified to any particular customer
of account.
| ||||||
| 21 | (4) The making of reports or returns required under | ||||||
| 22 | Chapter 61 of the
Internal Revenue Code of 1954.
| ||||||
| 23 | (5) Furnishing information concerning the dishonor of | ||||||
| 24 | any negotiable
instrument permitted to be disclosed under | ||||||
| 25 | the Uniform Commercial
Code.
| ||||||
| 26 | (6) The exchange in the regular course of business
of | ||||||
| |||||||
| |||||||
| 1 | (i) credit information
between a credit union and other | ||||||
| 2 | credit unions or financial institutions
or commercial | ||||||
| 3 | enterprises, directly or through a consumer reporting | ||||||
| 4 | agency
or (ii) financial records or information derived | ||||||
| 5 | from financial records
between a credit union and other | ||||||
| 6 | credit unions or financial institutions or
commercial | ||||||
| 7 | enterprises for
the purpose of conducting due diligence | ||||||
| 8 | pursuant to a merger or a purchase or
sale of assets or | ||||||
| 9 | liabilities of the credit union.
| ||||||
| 10 | (7) The furnishing of information to the appropriate | ||||||
| 11 | law enforcement
authorities where the credit union | ||||||
| 12 | reasonably believes it has been the victim
of a crime.
| ||||||
| 13 | (8) The furnishing of information pursuant to the | ||||||
| 14 | Uniform Disposition
of Unclaimed Property Act.
| ||||||
| 15 | (9) The furnishing of information pursuant to the | ||||||
| 16 | Illinois Income Tax
Act and the Illinois Estate and | ||||||
| 17 | Generation-Skipping Transfer Tax Act.
| ||||||
| 18 | (10) The furnishing of information pursuant to the | ||||||
| 19 | federal "Currency
and Foreign Transactions Reporting Act", | ||||||
| 20 | Title 31, United States Code,
Section 1051 et sequentia.
| ||||||
| 21 | (11) The furnishing of information pursuant to any | ||||||
| 22 | other statute which
by its terms or by regulations | ||||||
| 23 | promulgated thereunder requires the disclosure
of | ||||||
| 24 | financial records other than by subpoena, summons, warrant | ||||||
| 25 | or court order.
| ||||||
| 26 | (12) The furnishing of information in accordance with | ||||||
| |||||||
| |||||||
| 1 | the federal
Personal Responsibility and Work Opportunity | ||||||
| 2 | Reconciliation Act of 1996.
Any credit union governed by | ||||||
| 3 | this Act shall enter into an agreement for data
exchanges | ||||||
| 4 | with a State agency provided the State agency
pays to the | ||||||
| 5 | credit union a reasonable fee not to exceed its
actual cost | ||||||
| 6 | incurred. A credit union
providing
information in | ||||||
| 7 | accordance with this item shall not be liable to any | ||||||
| 8 | account
holder or other person for any disclosure of | ||||||
| 9 | information to a State agency, for
encumbering or | ||||||
| 10 | surrendering any assets held by the credit union in | ||||||
| 11 | response to
a lien
or order to withhold and deliver issued | ||||||
| 12 | by a State agency, or for any other
action taken pursuant | ||||||
| 13 | to this item, including individual or mechanical errors,
| ||||||
| 14 | provided the action does not constitute gross negligence or | ||||||
| 15 | willful misconduct.
A credit union shall have no obligation | ||||||
| 16 | to hold, encumber, or surrender
assets until
it has been | ||||||
| 17 | served with a subpoena, summons, warrant, court or | ||||||
| 18 | administrative
order, lien, or levy.
| ||||||
| 19 | (13) The furnishing of information to law enforcement | ||||||
| 20 | authorities, the
Illinois Department on
Aging and its | ||||||
| 21 | regional administrative and provider agencies, the | ||||||
| 22 | Department of
Human Services Office
of Inspector General, | ||||||
| 23 | or public guardians: (i) upon subpoena by the investigatory | ||||||
| 24 | entity or the guardian, or (ii) if there is suspicion by | ||||||
| 25 | the credit union that a
member who is an elderly person or | ||||||
| 26 | person with a disability or
disabled person has been or may | ||||||
| |||||||
| |||||||
| 1 | become the victim of financial exploitation.
For the | ||||||
| 2 | purposes of this
item (13), the term: (i) "elderly person" | ||||||
| 3 | means a person who is 60 or more
years of age, (ii) "person | ||||||
| 4 | with a disability" "disabled
person" means a person who has | ||||||
| 5 | or reasonably appears to the credit union to
have a | ||||||
| 6 | physical or mental
disability that impairs his or her | ||||||
| 7 | ability to seek or obtain protection from or
prevent | ||||||
| 8 | financial
exploitation, and (iii) "financial exploitation" | ||||||
| 9 | means tortious or illegal use
of the assets or resources of
| ||||||
| 10 | an elderly person or person with a disability or disabled | ||||||
| 11 | person, and includes, without limitation,
misappropriation | ||||||
| 12 | of the elderly or
disabled person's assets or resources by | ||||||
| 13 | undue influence, breach of fiduciary
relationship, | ||||||
| 14 | intimidation,
fraud, deception, extortion, or the use of | ||||||
| 15 | assets or resources in any manner
contrary to law. A credit
| ||||||
| 16 | union or person furnishing information pursuant to this | ||||||
| 17 | item (13) shall be
entitled to the same rights and
| ||||||
| 18 | protections as a person furnishing information under the | ||||||
| 19 | Adult Protective Services Act and the Illinois
Domestic | ||||||
| 20 | Violence Act of 1986.
| ||||||
| 21 | (14) The disclosure of financial records or | ||||||
| 22 | information as necessary
to
effect, administer, or enforce | ||||||
| 23 | a transaction requested or authorized by the
member, or in | ||||||
| 24 | connection with:
| ||||||
| 25 | (A) servicing or processing a financial product or | ||||||
| 26 | service requested
or
authorized by the member;
| ||||||
| |||||||
| |||||||
| 1 | (B) maintaining or servicing a member's account | ||||||
| 2 | with the credit union;
or
| ||||||
| 3 | (C) a proposed or actual securitization or | ||||||
| 4 | secondary market sale
(including sales of servicing | ||||||
| 5 | rights) related to a
transaction of a member.
| ||||||
| 6 | Nothing in this item (14), however, authorizes the sale | ||||||
| 7 | of the financial
records or information of a member without | ||||||
| 8 | the consent of the member.
| ||||||
| 9 | (15) The disclosure of financial records or | ||||||
| 10 | information as necessary to
protect against or prevent | ||||||
| 11 | actual or potential fraud, unauthorized
transactions, | ||||||
| 12 | claims, or other liability.
| ||||||
| 13 | (16)(a) The disclosure of financial records or | ||||||
| 14 | information
related to a private label credit program | ||||||
| 15 | between a financial
institution and a private label party | ||||||
| 16 | in connection
with that private label credit program. Such | ||||||
| 17 | information
is limited to outstanding balance, available | ||||||
| 18 | credit, payment and
performance and account history, | ||||||
| 19 | product references, purchase
information,
and information | ||||||
| 20 | related to the identity of the
customer.
| ||||||
| 21 | (b)(l) For purposes of this paragraph (16) of | ||||||
| 22 | subsection
(b) of Section 10, a "private label credit | ||||||
| 23 | program" means a credit
program involving a financial | ||||||
| 24 | institution and a private label party
that is used by a | ||||||
| 25 | customer of the financial institution and the
private label | ||||||
| 26 | party primarily for payment for goods or services
sold, | ||||||
| |||||||
| |||||||
| 1 | manufactured, or distributed by a private label party.
| ||||||
| 2 | (2) For purposes of this paragraph (16) of subsection | ||||||
| 3 | (b)
of Section 10, a "private label party" means, with | ||||||
| 4 | respect to a
private label credit program, any of the | ||||||
| 5 | following: a
retailer, a merchant, a manufacturer, a trade | ||||||
| 6 | group,
or any such person's affiliate, subsidiary, member,
| ||||||
| 7 | agent, or service provider.
| ||||||
| 8 | (c) Except as otherwise provided by this Act, a credit | ||||||
| 9 | union may not
disclose to any person, except to the member
or | ||||||
| 10 | his duly authorized agent, any financial records relating to | ||||||
| 11 | that member
of the credit union unless:
| ||||||
| 12 | (1) the member has authorized disclosure to the person;
| ||||||
| 13 | (2) the financial records are disclosed in response to | ||||||
| 14 | a lawful
subpoena,
summons, warrant, citation to discover | ||||||
| 15 | assets, or court order that meets the requirements of | ||||||
| 16 | subparagraph
(d) of this Section; or
| ||||||
| 17 | (3) the credit union is attempting to collect an | ||||||
| 18 | obligation owed to
the credit union and the credit union | ||||||
| 19 | complies with the provisions of
Section 2I of the Consumer | ||||||
| 20 | Fraud and Deceptive Business Practices Act.
| ||||||
| 21 | (d) A credit union shall disclose financial records under | ||||||
| 22 | subparagraph
(c)(2) of this Section pursuant to a lawful | ||||||
| 23 | subpoena, summons, warrant, citation to discover assets, or
| ||||||
| 24 | court order only after the credit union mails a copy of the | ||||||
| 25 | subpoena, summons,
warrant, citation to discover assets, or | ||||||
| 26 | court order to the person establishing the relationship with
| ||||||
| |||||||
| |||||||
| 1 | the credit union, if living, and otherwise his personal | ||||||
| 2 | representative,
if known, at his last known address by first | ||||||
| 3 | class mail, postage prepaid
unless the credit union is | ||||||
| 4 | specifically prohibited from notifying the person
by order of | ||||||
| 5 | court or by applicable State or federal law. In the case
of a | ||||||
| 6 | grand jury subpoena, a credit union shall not mail a copy of a | ||||||
| 7 | subpoena
to any person pursuant to this subsection if the | ||||||
| 8 | subpoena was issued by a grand
jury under the Statewide Grand | ||||||
| 9 | Jury Act or notifying the
person would constitute a violation | ||||||
| 10 | of the federal Right to Financial
Privacy Act of 1978.
| ||||||
| 11 | (e)(1) Any officer or employee of a credit union who | ||||||
| 12 | knowingly and
wilfully furnishes financial records in | ||||||
| 13 | violation of this Section is guilty of
a business offense and | ||||||
| 14 | upon conviction thereof shall be fined not more than
$1,000.
| ||||||
| 15 | (2) Any person who knowingly and wilfully induces or | ||||||
| 16 | attempts to induce
any officer or employee of a credit union to | ||||||
| 17 | disclose financial records
in violation of this Section is | ||||||
| 18 | guilty of a business offense and upon
conviction thereof shall | ||||||
| 19 | be fined not more than $1,000.
| ||||||
| 20 | (f) A credit union shall be reimbursed for costs which are | ||||||
| 21 | reasonably
necessary and which have been directly incurred in | ||||||
| 22 | searching for,
reproducing or transporting books, papers, | ||||||
| 23 | records or other data of a
member required or requested to be | ||||||
| 24 | produced pursuant to a lawful subpoena,
summons, warrant, | ||||||
| 25 | citation to discover assets, or court order. The Secretary and | ||||||
| 26 | the Director may determine, by rule, the
rates and
conditions | ||||||
| |||||||
| |||||||
| 1 | under which payment shall be made. Delivery of requested | ||||||
| 2 | documents
may be delayed until final reimbursement of all costs | ||||||
| 3 | is received.
| ||||||
| 4 | (Source: P.A. 97-133, eff. 1-1-12; 98-49, eff. 7-1-13.)
| ||||||
| 5 | Section 495. The Assisted Living and Shared Housing Act is | ||||||
| 6 | amended by changing Section 75 as follows:
| ||||||
| 7 | (210 ILCS 9/75)
| ||||||
| 8 | Sec. 75. Residency Requirements.
| ||||||
| 9 | (a) No individual shall be accepted for residency or remain | ||||||
| 10 | in residence if
the
establishment cannot provide or secure | ||||||
| 11 | appropriate
services, if the individual
requires a level of | ||||||
| 12 | service or type of service for which the establishment is
not | ||||||
| 13 | licensed or
which the establishment does not provide, or if the | ||||||
| 14 | establishment does not have
the staff
appropriate in numbers | ||||||
| 15 | and with appropriate skill to provide such services.
| ||||||
| 16 | (b) Only adults may be accepted for residency.
| ||||||
| 17 | (c) A person shall not be accepted for residency if:
| ||||||
| 18 | (1) the person poses a serious threat to himself or | ||||||
| 19 | herself or to others;
| ||||||
| 20 | (2) the person is not able to communicate his or her | ||||||
| 21 | needs and no
resident representative
residing in the | ||||||
| 22 | establishment, and with a prior relationship to the person,
| ||||||
| 23 | has been appointed to direct the provision of
services;
| ||||||
| 24 | (3) the person requires total assistance with 2 or more | ||||||
| |||||||
| |||||||
| 1 | activities of
daily
living;
| ||||||
| 2 | (4) the person requires the assistance of more than one | ||||||
| 3 | paid caregiver at
any given time
with an activity of daily | ||||||
| 4 | living;
| ||||||
| 5 | (5) the person requires more than minimal assistance in | ||||||
| 6 | moving to a safe
area in an
emergency;
| ||||||
| 7 | (6) the person has a severe mental illness, which for | ||||||
| 8 | the purposes of
this Section
means a condition that is | ||||||
| 9 | characterized by the presence of a major mental
disorder
as | ||||||
| 10 | classified in the Diagnostic and Statistical Manual of | ||||||
| 11 | Mental Disorders,
Fourth
Edition (DSM-IV) (American | ||||||
| 12 | Psychiatric Association, 1994), where the individual
is a | ||||||
| 13 | person with a substantial disability substantially | ||||||
| 14 | disabled due to mental illness in the areas of
| ||||||
| 15 | self-maintenance,
social functioning, activities of | ||||||
| 16 | community living and work skills, and the
disability
| ||||||
| 17 | specified is expected to be present for a period of not | ||||||
| 18 | less than one year, but
does not
mean Alzheimer's disease | ||||||
| 19 | and other forms of dementia based on organic or
physical | ||||||
| 20 | disorders;
| ||||||
| 21 | (7) the person requires intravenous therapy or | ||||||
| 22 | intravenous feedings
unless self-administered or | ||||||
| 23 | administered by a qualified, licensed health care
| ||||||
| 24 | professional;
| ||||||
| 25 | (8) the person requires gastrostomy feedings unless | ||||||
| 26 | self-administered or
administered
by a licensed health | ||||||
| |||||||
| |||||||
| 1 | care professional;
| ||||||
| 2 | (9) the person requires insertion, sterile irrigation, | ||||||
| 3 | and replacement of
catheter, except
for routine | ||||||
| 4 | maintenance of urinary catheters, unless the catheter care | ||||||
| 5 | is
self-administered or administered by a licensed health | ||||||
| 6 | care professional;
| ||||||
| 7 | (10) the person requires sterile wound care unless care | ||||||
| 8 | is
self-administered or
administered by a licensed health | ||||||
| 9 | care professional;
| ||||||
| 10 | (11) the person requires sliding scale insulin | ||||||
| 11 | administration unless
self-performed or
administered by a | ||||||
| 12 | licensed health care professional;
| ||||||
| 13 | (12) the person is a diabetic requiring routine insulin | ||||||
| 14 | injections unless
the injections
are self-administered or | ||||||
| 15 | administered by a licensed health care professional;
| ||||||
| 16 | (13) the person requires treatment of stage 3 or stage | ||||||
| 17 | 4 decubitus ulcers
or exfoliative
dermatitis;
| ||||||
| 18 | (14) the person requires 5 or more skilled nursing | ||||||
| 19 | visits per week for
conditions other
than those listed in | ||||||
| 20 | items (13) and (15) of this subsection for a
period of 3
| ||||||
| 21 | consecutive weeks or more except when the course of | ||||||
| 22 | treatment is expected to
extend beyond a 3 week period for | ||||||
| 23 | rehabilitative purposes and is certified as
temporary by a | ||||||
| 24 | physician; or
| ||||||
| 25 | (15) other reasons prescribed by the Department by | ||||||
| 26 | rule.
| ||||||
| |||||||
| |||||||
| 1 | (d) A resident with a condition listed in items (1) through | ||||||
| 2 | (15) of
subsection (c) shall have
his or her residency | ||||||
| 3 | terminated.
| ||||||
| 4 | (e) Residency shall be terminated when services available | ||||||
| 5 | to the resident
in
the establishment
are no longer adequate to | ||||||
| 6 | meet the needs of the resident. This provision shall
not
be | ||||||
| 7 | interpreted as
limiting the authority of the Department to | ||||||
| 8 | require the residency termination
of individuals.
| ||||||
| 9 | (f) Subsection (d) of this Section shall not apply to
| ||||||
| 10 | terminally
ill residents who
receive or would qualify for | ||||||
| 11 | hospice care and such care is coordinated by
a hospice program | ||||||
| 12 | licensed
under the Hospice
Program
Licensing Act or other | ||||||
| 13 | licensed health care professional employed by a
licensed home | ||||||
| 14 | health
agency and the establishment and all parties agree to | ||||||
| 15 | the continued residency.
| ||||||
| 16 | (g) Items (3), (4), (5), and (9) of subsection (c) shall | ||||||
| 17 | not apply to
a quadriplegic, paraplegic, or
individual with | ||||||
| 18 | neuro-muscular diseases, such as muscular dystrophy and
| ||||||
| 19 | multiple
sclerosis, or other chronic diseases and conditions as | ||||||
| 20 | defined by rule if the
individual is able
to communicate his or | ||||||
| 21 | her needs and does not require assistance with complex
medical
| ||||||
| 22 | problems, and the establishment is able to accommodate the | ||||||
| 23 | individual's needs.
The Department shall prescribe rules | ||||||
| 24 | pursuant to this Section that address
special safety and | ||||||
| 25 | service needs of these individuals.
| ||||||
| 26 | (h) For the purposes of items (7) through (10) of | ||||||
| |||||||
| |||||||
| 1 | subsection (c), a
licensed health care professional may not
be | ||||||
| 2 | employed by the owner or operator of the establishment, its | ||||||
| 3 | parent entity,
or any other entity with ownership common to | ||||||
| 4 | either the owner or operator of
the establishment or parent | ||||||
| 5 | entity, including but not limited to an affiliate
of the owner | ||||||
| 6 | or operator of the establishment. Nothing in this Section is
| ||||||
| 7 | meant to limit a resident's right to
choose his or her health | ||||||
| 8 | care provider.
| ||||||
| 9 | (i) Subsection (h) is not applicable to residents admitted | ||||||
| 10 | to an assisted living establishment under a life care contract | ||||||
| 11 | as defined in the Life Care Facilities Act if the life care | ||||||
| 12 | facility has both an assisted living establishment and a | ||||||
| 13 | skilled nursing facility. A licensed health care professional | ||||||
| 14 | providing health-related or supportive services at a life care | ||||||
| 15 | assisted living or shared housing establishment must be | ||||||
| 16 | employed by an entity licensed by the Department under the | ||||||
| 17 | Nursing Home Care Act or the Home Health, Home Services, and | ||||||
| 18 | Home Nursing Agency Licensing Act.
| ||||||
| 19 | (Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; | ||||||
| 20 | 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
| ||||||
| 21 | Section 500. The Abused and Neglected Long Term Care | ||||||
| 22 | Facility Residents Reporting
Act is amended by changing Section | ||||||
| 23 | 6 as follows:
| ||||||
| 24 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
| 2 | under this Act
shall be made immediately by telephone to the | ||||||
| 3 | Department's central register
established under Section 14 on | ||||||
| 4 | the single, State-wide, toll-free telephone
number established | ||||||
| 5 | under Section 13, or in person or by telephone through
the | ||||||
| 6 | nearest Department office. No long term care facility | ||||||
| 7 | administrator,
agent or employee, or any other person, shall | ||||||
| 8 | screen reports or otherwise
withhold any reports from the | ||||||
| 9 | Department, and no long term care facility,
department of State | ||||||
| 10 | government, or other agency shall establish any rules,
| ||||||
| 11 | criteria, standards or guidelines to the contrary. Every long | ||||||
| 12 | term care
facility, department of State government and other | ||||||
| 13 | agency whose employees
are required to make or cause to be made | ||||||
| 14 | reports under Section 4 shall
notify its employees of the | ||||||
| 15 | provisions of that Section and of this Section,
and provide to | ||||||
| 16 | the Department documentation that such notification has been
| ||||||
| 17 | given. The Department of Human Services shall train all of its | ||||||
| 18 | mental health and developmental
disabilities employees in the | ||||||
| 19 | detection and reporting of suspected
abuse and neglect of | ||||||
| 20 | residents. Reports made to the central register
through the | ||||||
| 21 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
| 22 | appropriate Department offices and municipal health | ||||||
| 23 | departments that have
responsibility for licensing long term | ||||||
| 24 | care facilities under the Nursing
Home Care Act, the | ||||||
| 25 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 26 | ID/DD Community Care Act. All reports received through offices | ||||||
| |||||||
| |||||||
| 1 | of the Department
shall be forwarded to the central register, | ||||||
| 2 | in a manner and form described
by the Department. The | ||||||
| 3 | Department shall be capable of receiving reports of
suspected | ||||||
| 4 | abuse and neglect 24 hours a day, 7 days a week. Reports shall
| ||||||
| 5 | also be made in writing deposited in the U.S. mail, postage | ||||||
| 6 | prepaid, within
24 hours after having reasonable cause to | ||||||
| 7 | believe that the condition of the
resident resulted from abuse | ||||||
| 8 | or neglect. Such reports may in addition be
made to the local | ||||||
| 9 | law enforcement agency in the same manner. However, in
the | ||||||
| 10 | event a report is made to the local law enforcement agency, the
| ||||||
| 11 | reporter also shall immediately so inform the Department. The | ||||||
| 12 | Department
shall initiate an investigation of each report of | ||||||
| 13 | resident abuse and
neglect under this Act, whether oral or | ||||||
| 14 | written, as provided for in Section 3-702 of the Nursing Home | ||||||
| 15 | Care Act, Section 2-208 of the Specialized Mental Health | ||||||
| 16 | Rehabilitation Act of 2013, or Section 3-702 of the ID/DD | ||||||
| 17 | Community Care Act, except that reports of abuse which
indicate | ||||||
| 18 | that a resident's life or safety is in imminent danger shall be
| ||||||
| 19 | investigated within 24 hours of such report. The Department may | ||||||
| 20 | delegate to
law enforcement officials or other public agencies | ||||||
| 21 | the duty to perform such
investigation.
| ||||||
| 22 | With respect to investigations of reports of suspected | ||||||
| 23 | abuse or neglect
of residents of mental health and | ||||||
| 24 | developmental disabilities institutions
under the jurisdiction | ||||||
| 25 | of the Department of
Human Services, the
Department shall | ||||||
| 26 | transmit
copies of such reports to the Department of State | ||||||
| |||||||
| |||||||
| 1 | Police, the Department of
Human Services, and the
Inspector | ||||||
| 2 | General
appointed under Section 1-17 of the Department of Human | ||||||
| 3 | Services Act. If the Department receives a report
of suspected | ||||||
| 4 | abuse or neglect of a recipient of services as defined in | ||||||
| 5 | Section
1-123 of the Mental Health and Developmental | ||||||
| 6 | Disabilities Code, the
Department shall transmit copies of such | ||||||
| 7 | report to the Inspector General
and the Directors of the | ||||||
| 8 | Guardianship and Advocacy Commission and the
agency designated | ||||||
| 9 | by the Governor pursuant to the Protection and Advocacy
for | ||||||
| 10 | Persons with Developmental Disabilities Developmentally | ||||||
| 11 | Disabled Persons Act. When requested by the Director
of the | ||||||
| 12 | Guardianship and Advocacy Commission, the agency designated by | ||||||
| 13 | the
Governor pursuant to the Protection and Advocacy for | ||||||
| 14 | Persons with Developmental Disabilities Developmentally
| ||||||
| 15 | Disabled Persons Act, or the Department of Financial and | ||||||
| 16 | Professional Regulation, the Department, the Department of | ||||||
| 17 | Human Services and the Department of State Police shall make
| ||||||
| 18 | available a copy of the final investigative report regarding | ||||||
| 19 | investigations
conducted by their respective agencies on | ||||||
| 20 | incidents of suspected abuse or
neglect of residents of mental | ||||||
| 21 | health and developmental disabilities
institutions or | ||||||
| 22 | individuals receiving services at community agencies under the | ||||||
| 23 | jurisdiction of the Department of Human Services. Such final | ||||||
| 24 | investigative
report shall not contain witness statements, | ||||||
| 25 | investigation notes, draft
summaries, results of lie detector | ||||||
| 26 | tests, investigative files or other raw data
which was used to | ||||||
| |||||||
| |||||||
| 1 | compile the final investigative report. Specifically, the
| ||||||
| 2 | final investigative report of the Department of State Police | ||||||
| 3 | shall mean the
Director's final transmittal letter. The | ||||||
| 4 | Department of Human Services shall also make available a
copy | ||||||
| 5 | of the results of disciplinary proceedings of employees | ||||||
| 6 | involved in
incidents of abuse or neglect to the Directors. All | ||||||
| 7 | identifiable
information in reports provided shall not be | ||||||
| 8 | further disclosed except as
provided by the Mental Health and | ||||||
| 9 | Developmental Disabilities
Confidentiality Act. Nothing in | ||||||
| 10 | this Section is intended to limit or
construe the power or | ||||||
| 11 | authority granted to the agency designated by the
Governor | ||||||
| 12 | pursuant to the Protection and Advocacy for Persons with | ||||||
| 13 | Developmental Disabilities Developmentally
Disabled Persons | ||||||
| 14 | Act, pursuant to any other State or federal statute.
| ||||||
| 15 | With respect to investigations of reported resident abuse | ||||||
| 16 | or neglect, the
Department shall effect with appropriate law | ||||||
| 17 | enforcement agencies formal
agreements concerning methods and | ||||||
| 18 | procedures for the conduct of investigations
into the criminal | ||||||
| 19 | histories of any administrator, staff assistant or employee
of | ||||||
| 20 | the nursing home or other person responsible for the residents | ||||||
| 21 | care,
as well as for other residents in the nursing home who | ||||||
| 22 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
| 23 | Pursuant to the formal agreements
entered into with appropriate | ||||||
| 24 | law enforcement agencies, the Department may
request | ||||||
| 25 | information with respect to whether the person or persons set | ||||||
| 26 | forth
in this paragraph have ever been charged with a crime and | ||||||
| |||||||
| |||||||
| 1 | if so, the
disposition of those charges. Unless the criminal | ||||||
| 2 | histories of the
subjects involved crimes of violence or | ||||||
| 3 | resident abuse or neglect, the
Department shall be entitled | ||||||
| 4 | only to information limited in scope to
charges and their | ||||||
| 5 | dispositions. In cases where prior crimes of violence or
| ||||||
| 6 | resident abuse or neglect are involved, a more detailed report | ||||||
| 7 | can be made
available to authorized representatives of the | ||||||
| 8 | Department, pursuant to the
agreements entered into with | ||||||
| 9 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
| 10 | their disposition information obtained by the
Department shall | ||||||
| 11 | be confidential and may not be transmitted outside the
| ||||||
| 12 | Department, except as required herein, to authorized | ||||||
| 13 | representatives or
delegates of the Department, and may not be | ||||||
| 14 | transmitted to anyone within
the Department who is not duly | ||||||
| 15 | authorized to handle resident abuse or
neglect investigations.
| ||||||
| 16 | The Department shall effect formal agreements with | ||||||
| 17 | appropriate law
enforcement agencies in the various counties | ||||||
| 18 | and communities to encourage
cooperation and coordination in | ||||||
| 19 | the handling of resident abuse or neglect
cases pursuant to | ||||||
| 20 | this Act. The Department shall adopt and implement
methods and | ||||||
| 21 | procedures to promote statewide uniformity in the handling of
| ||||||
| 22 | reports of abuse and neglect under this Act, and those methods | ||||||
| 23 | and
procedures shall be adhered to by personnel of the | ||||||
| 24 | Department involved in
such investigations and reporting. The | ||||||
| 25 | Department shall also make
information required by this Act | ||||||
| 26 | available to authorized personnel within
the Department, as | ||||||
| |||||||
| |||||||
| 1 | well as its authorized representatives.
| ||||||
| 2 | The Department shall keep a continuing record of all | ||||||
| 3 | reports made
pursuant to this Act, including indications of the | ||||||
| 4 | final determination of
any investigation and the final | ||||||
| 5 | disposition of all reports.
| ||||||
| 6 | The Department shall report annually to the General | ||||||
| 7 | Assembly on the
incidence of abuse and neglect of long term | ||||||
| 8 | care facility residents, with
special attention to residents | ||||||
| 9 | who are persons with mental disabilities mentally disabled. The | ||||||
| 10 | report shall
include but not be limited to data on the number | ||||||
| 11 | and source of reports of
suspected abuse or neglect filed under | ||||||
| 12 | this Act, the nature of any injuries
to residents, the final | ||||||
| 13 | determination of investigations, the type and
number of cases | ||||||
| 14 | where abuse or neglect is determined to exist, and the
final | ||||||
| 15 | disposition of cases.
| ||||||
| 16 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 17 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
| 18 | Section 505. The Nursing Home Care Act is amended by | ||||||
| 19 | changing Sections 2-202, 3-807, and 3A-101 as follows:
| ||||||
| 20 | (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
| ||||||
| 21 | Sec. 2-202. (a) Before a person is admitted to a facility, | ||||||
| 22 | or at the
expiration of the period of previous contract, or | ||||||
| 23 | when the source of
payment for the resident's care changes from | ||||||
| 24 | private to public funds or
from public to private funds, a | ||||||
| |||||||
| |||||||
| 1 | written contract shall be executed between
a licensee and the | ||||||
| 2 | following in order of priority:
| ||||||
| 3 | (1) the person, or if the person is a minor, his parent | ||||||
| 4 | or guardian; or
| ||||||
| 5 | (2) the person's guardian, if any, or agent, if any, as | ||||||
| 6 | defined in
Section 2-3 of the Illinois Power of Attorney | ||||||
| 7 | Act; or
| ||||||
| 8 | (3) a member of the person's immediate family.
| ||||||
| 9 | An adult person shall be presumed to have the capacity to | ||||||
| 10 | contract for
admission to a long term care facility unless he | ||||||
| 11 | has been adjudicated a
"person with a disability disabled | ||||||
| 12 | person" within the meaning of Section 11a-2 of the Probate Act
| ||||||
| 13 | of 1975, or unless a petition for such an adjudication is | ||||||
| 14 | pending in a
circuit court of Illinois.
| ||||||
| 15 | If there is no guardian, agent or member of the person's | ||||||
| 16 | immediate family
available, able or willing to execute the | ||||||
| 17 | contract required by this Section
and a physician determines | ||||||
| 18 | that a person is so disabled as to be unable
to consent to | ||||||
| 19 | placement in a facility, or if a person has already been found
| ||||||
| 20 | to be a "person with a disability disabled person", but no | ||||||
| 21 | order has been entered allowing residential
placement of the | ||||||
| 22 | person, that person may be admitted to a facility before
the | ||||||
| 23 | execution of a contract required by this Section; provided that | ||||||
| 24 | a petition
for guardianship or for modification of guardianship | ||||||
| 25 | is filed within 15
days of the person's admission to a | ||||||
| 26 | facility, and provided further that
such a contract is executed | ||||||
| |||||||
| |||||||
| 1 | within 10 days of the disposition of the petition.
| ||||||
| 2 | No adult shall be admitted to a facility if he objects, | ||||||
| 3 | orally or in writing,
to such admission, except as otherwise | ||||||
| 4 | provided in Chapters III
and IV of the Mental Health and | ||||||
| 5 | Developmental Disabilities Code or Section
11a-14.1 of the | ||||||
| 6 | Probate Act of 1975.
| ||||||
| 7 | If a person has not executed a contract as required by this | ||||||
| 8 | Section, then
such a contract shall be executed on or before | ||||||
| 9 | July 1, 1981, or within 10
days after the disposition of a | ||||||
| 10 | petition for guardianship or modification
of guardianship that | ||||||
| 11 | was filed prior to July 1, 1981, whichever is later.
| ||||||
| 12 | Before a licensee enters a contract under this Section, it | ||||||
| 13 | shall
provide the prospective resident and his or her guardian, | ||||||
| 14 | if any, with written
notice of the licensee's policy regarding | ||||||
| 15 | discharge of a resident whose
private funds for payment of care | ||||||
| 16 | are exhausted.
| ||||||
| 17 | Before a licensee enters into a contract under this | ||||||
| 18 | Section, it shall provide the resident or prospective resident | ||||||
| 19 | and his or her guardian, if any, with a copy of the licensee's | ||||||
| 20 | policy regarding the assignment of Social Security | ||||||
| 21 | representative payee status as a condition of the contract when | ||||||
| 22 | the resident's or prospective resident's care is being funded | ||||||
| 23 | under Title XIX of the Social Security Act and Article V of the | ||||||
| 24 | Illinois Public Aid Code. | ||||||
| 25 | (b) A resident shall not be discharged or transferred at | ||||||
| 26 | the expiration
of the term of a contract, except as provided in | ||||||
| |||||||
| |||||||
| 1 | Sections 3-401 through
3-423.
| ||||||
| 2 | (c) At the time of the resident's admission to the | ||||||
| 3 | facility, a copy of
the contract shall be given to the | ||||||
| 4 | resident, his guardian, if any, and any
other person who | ||||||
| 5 | executed the contract.
| ||||||
| 6 | (d) A copy of the contract for a resident who is supported | ||||||
| 7 | by
nonpublic funds other than the resident's own funds shall be | ||||||
| 8 | made
available to the person providing the funds for the | ||||||
| 9 | resident's support.
| ||||||
| 10 | (e) The original or a copy of the contract shall be | ||||||
| 11 | maintained in the
facility and be made available upon request | ||||||
| 12 | to representatives of the
Department and the Department of | ||||||
| 13 | Healthcare and Family Services.
| ||||||
| 14 | (f) The contract shall be written in clear and unambiguous | ||||||
| 15 | language
and shall be printed in not less than 12-point type. | ||||||
| 16 | The general form
of the contract shall be prescribed by the | ||||||
| 17 | Department.
| ||||||
| 18 | (g) The contract shall specify:
| ||||||
| 19 | (1) the term of the contract;
| ||||||
| 20 | (2) the services to be provided under the contract and | ||||||
| 21 | the charges
for the services;
| ||||||
| 22 | (3) the services that may be provided to supplement the | ||||||
| 23 | contract and
the charges for the services;
| ||||||
| 24 | (4) the sources liable for payments due under the | ||||||
| 25 | contract;
| ||||||
| 26 | (5) the amount of deposit paid; and
| ||||||
| |||||||
| |||||||
| 1 | (6) the rights, duties and obligations of the resident, | ||||||
| 2 | except that
the specification of a resident's rights may be | ||||||
| 3 | furnished on a separate
document which complies with the | ||||||
| 4 | requirements of Section 2-211.
| ||||||
| 5 | (h) The contract shall designate the name of the resident's
| ||||||
| 6 | representative, if any. The resident shall provide the facility | ||||||
| 7 | with a copy
of the written agreement between the resident and | ||||||
| 8 | the resident's representative
which authorizes the resident's | ||||||
| 9 | representative to inspect and copy the
resident's records and | ||||||
| 10 | authorizes the resident's representative to execute
the | ||||||
| 11 | contract on behalf of the resident required by this Section.
| ||||||
| 12 | (i) The contract shall provide that if the resident is
| ||||||
| 13 | compelled by a change in physical or mental health to leave the
| ||||||
| 14 | facility, the contract and all obligations under it shall | ||||||
| 15 | terminate on 7
days notice. No prior notice of termination of | ||||||
| 16 | the contract shall be
required, however, in the case of a | ||||||
| 17 | resident's death. The contract shall also provide
that in all | ||||||
| 18 | other situations, a
resident may terminate the contract and all | ||||||
| 19 | obligations under it with 30
days notice. All charges shall be | ||||||
| 20 | prorated as of the date on which the
contract terminates, and, | ||||||
| 21 | if any payments have been made in advance, the
excess shall be | ||||||
| 22 | refunded to the resident. This provision shall not apply
to | ||||||
| 23 | life-care contracts through which a facility agrees to provide
| ||||||
| 24 | maintenance and care for a resident throughout the remainder of | ||||||
| 25 | his life
nor to continuing-care contracts through which a | ||||||
| 26 | facility agrees to
supplement all available forms of financial | ||||||
| |||||||
| |||||||
| 1 | support in providing
maintenance and care for a resident | ||||||
| 2 | throughout the remainder of his life.
| ||||||
| 3 | (j) In addition to all other contract specifications | ||||||
| 4 | contained in this
Section admission contracts shall also | ||||||
| 5 | specify:
| ||||||
| 6 | (1) whether the facility accepts Medicaid clients;
| ||||||
| 7 | (2) whether the facility requires a deposit of the | ||||||
| 8 | resident or his
family prior to the establishment of | ||||||
| 9 | Medicaid eligibility;
| ||||||
| 10 | (3) in the event that a deposit is required, a clear | ||||||
| 11 | and concise
statement of the procedure to be followed for | ||||||
| 12 | the return of such deposit to
the resident or the | ||||||
| 13 | appropriate family member or guardian of the person;
| ||||||
| 14 | (4) that all deposits made to a facility by a resident, | ||||||
| 15 | or on behalf of
a resident, shall be returned by the | ||||||
| 16 | facility within 30 days of the
establishment of Medicaid | ||||||
| 17 | eligibility, unless such deposits must be drawn
upon or | ||||||
| 18 | encumbered in accordance with Medicaid eligibility | ||||||
| 19 | requirements
established by the Department of Healthcare | ||||||
| 20 | and Family Services.
| ||||||
| 21 | (k) It shall be a business offense for a facility to | ||||||
| 22 | knowingly and
intentionally both retain a resident's deposit | ||||||
| 23 | and accept Medicaid
payments on behalf of that resident.
| ||||||
| 24 | (Source: P.A. 98-104, eff. 7-22-13.)
| ||||||
| 25 | (210 ILCS 45/3-807)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-807. Review of shelter care licensure standards. On | ||||||
| 2 | or before
March 1, 1994, the Department shall submit to the | ||||||
| 3 | Governor and the General
Assembly a report concerning the | ||||||
| 4 | necessity of revising the current statutory
and regulatory | ||||||
| 5 | standards of licensure under the category of shelter care. The
| ||||||
| 6 | Department shall conduct a review of those standards for that | ||||||
| 7 | category, taking
into consideration the Department on Aging's | ||||||
| 8 | report on board and care homes
prepared pursuant to Section | ||||||
| 9 | 4.02a of the Illinois Act on the Aging. The
Department's report | ||||||
| 10 | shall include recommendations for statutory or regulatory
| ||||||
| 11 | changes necessary to address the regulation of facilities | ||||||
| 12 | providing room,
board, and personal care to older persons and | ||||||
| 13 | persons with disabilities disabled persons.
| ||||||
| 14 | (Source: P.A. 88-252.)
| ||||||
| 15 | (210 ILCS 45/3A-101)
| ||||||
| 16 | Sec. 3A-101. Cooperative arrangements. Not later than June | ||||||
| 17 | 30, 1996,
the Department shall enter
into
one or more | ||||||
| 18 | cooperative arrangements with the Illinois Department of | ||||||
| 19 | Public
Aid,
the Department on Aging, the Office of the State | ||||||
| 20 | Fire Marshal, and any other
appropriate entity for the purpose | ||||||
| 21 | of developing a single survey for nursing
facilities, including | ||||||
| 22 | but not limited to facilities funded under Title XVIII
or Title | ||||||
| 23 | XIX of the federal Social Security Act, or both, which shall be
| ||||||
| 24 | administered and conducted solely by the Department.
The | ||||||
| 25 | Departments shall test the single survey process on a pilot | ||||||
| |||||||
| |||||||
| 1 | basis, with
both the Departments of Public Aid and Public | ||||||
| 2 | Health represented on the
consolidated survey team. The pilot | ||||||
| 3 | will sunset June 30, 1997. After June 30,
1997, unless | ||||||
| 4 | otherwise determined by the Governor, a single survey shall be
| ||||||
| 5 | implemented by the Department of Public Health which would not | ||||||
| 6 | preclude staff
from the Department of Healthcare and Family | ||||||
| 7 | Services (formerly Department of Public Aid) from going on-site | ||||||
| 8 | to nursing facilities to
perform necessary audits and reviews | ||||||
| 9 | which shall not replicate the single State
agency survey | ||||||
| 10 | required by this Act.
This Article shall not
apply to community | ||||||
| 11 | or intermediate care facilities for persons with developmental | ||||||
| 12 | disabilities the developmentally
disabled.
| ||||||
| 13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 14 | Section 510. The ID/DD Community Care Act is amended by | ||||||
| 15 | changing Sections 1-101.05, 1-113, and 2-202 as follows:
| ||||||
| 16 | (210 ILCS 47/1-101.05)
| ||||||
| 17 | Sec. 1-101.05. Prior law. | ||||||
| 18 | (a) This Act provides for licensure of intermediate
care | ||||||
| 19 | facilities for persons with developmental disabilities the | ||||||
| 20 | developmentally disabled and long-term
care for under age 22 | ||||||
| 21 | facilities under this Act instead of under the Nursing Home | ||||||
| 22 | Care Act. On and after the effective date of this Act, those | ||||||
| 23 | facilities shall be governed by this Act instead of the Nursing | ||||||
| 24 | Home Care Act. | ||||||
| |||||||
| |||||||
| 1 | (b) If any other Act of the General Assembly changes, adds, | ||||||
| 2 | or repeals a provision of the Nursing Home Care Act that is the | ||||||
| 3 | same as or substantially similar to a provision of this Act, | ||||||
| 4 | then that change, addition, or repeal in the Nursing Home Care | ||||||
| 5 | Act shall be construed together with this Act until July 1, | ||||||
| 6 | 2010 and not thereafter. | ||||||
| 7 | (c) Nothing in this Act affects the validity or effect of | ||||||
| 8 | any finding, decision, or action made or taken by the | ||||||
| 9 | Department or the Director under the Nursing Home Care Act | ||||||
| 10 | before the effective date of this Act with respect to a | ||||||
| 11 | facility subject to licensure under this Act. That finding, | ||||||
| 12 | decision, or action shall continue to apply to the facility on | ||||||
| 13 | and after the effective date of this Act. Any finding, | ||||||
| 14 | decision, or action with respect to the facility made or taken | ||||||
| 15 | on or after the effective date of this Act shall be made or | ||||||
| 16 | taken as provided in this Act.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)
| ||||||
| 18 | (210 ILCS 47/1-113)
| ||||||
| 19 | Sec. 1-113. Facility. "ID/DD facility" or "facility" means | ||||||
| 20 | an intermediate care facility for persons with developmental | ||||||
| 21 | disabilities the developmentally disabled or a long-term care | ||||||
| 22 | for under age 22 facility, whether operated for profit or not, | ||||||
| 23 | which provides, through its ownership or management, personal | ||||||
| 24 | care or nursing for 3 or more persons not related to the | ||||||
| 25 | applicant or owner by blood or marriage. It includes | ||||||
| |||||||
| |||||||
| 1 | intermediate care facilities for the intellectually disabled | ||||||
| 2 | as the term is defined in Title XVIII and Title XIX of the | ||||||
| 3 | federal Social Security Act. | ||||||
| 4 | "Facility" does not include the following: | ||||||
| 5 | (1) A home, institution, or other place operated by the | ||||||
| 6 | federal government or agency thereof, or by the State of | ||||||
| 7 | Illinois, other than homes, institutions, or other places | ||||||
| 8 | operated by or under the authority of the Illinois | ||||||
| 9 | Department of Veterans' Affairs; | ||||||
| 10 | (2) A hospital, sanitarium, or other institution
whose | ||||||
| 11 | principal activity or business is the diagnosis, care, and | ||||||
| 12 | treatment of human illness through the maintenance and | ||||||
| 13 | operation as organized facilities therefore, which is | ||||||
| 14 | required to be licensed under the Hospital Licensing Act; | ||||||
| 15 | (3) Any "facility for child care" as defined in the
| ||||||
| 16 | Child Care Act of 1969; | ||||||
| 17 | (4) Any "community living facility" as defined in the
| ||||||
| 18 | Community Living Facilities Licensing Act; | ||||||
| 19 | (5) Any "community residential alternative" as
defined | ||||||
| 20 | in the Community Residential Alternatives Licensing Act; | ||||||
| 21 | (6) Any nursing home or sanatorium operated solely by
| ||||||
| 22 | and for persons who rely exclusively upon treatment by | ||||||
| 23 | spiritual means through prayer, in accordance with the | ||||||
| 24 | creed or tenets of any well recognized church or religious | ||||||
| 25 | denomination. However, such nursing home or sanatorium | ||||||
| 26 | shall comply with all local laws and rules relating to | ||||||
| |||||||
| |||||||
| 1 | sanitation and safety; | ||||||
| 2 | (7) Any 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) Any "supportive residence" licensed under the
| ||||||
| 7 | Supportive Residences Licensing Act; | ||||||
| 8 | (9) Any "supportive living facility" in good standing
| ||||||
| 9 | with the program established under Section 5-5.01a of the | ||||||
| 10 | Illinois Public Aid Code, except only for purposes of the
| ||||||
| 11 | employment of persons in accordance with Section 3-206.01; | ||||||
| 12 | (10) Any assisted living or shared housing
| ||||||
| 13 | establishment licensed under the Assisted Living and | ||||||
| 14 | Shared Housing Act, except only for purposes of the
| ||||||
| 15 | employment of persons in accordance with Section 3-206.01; | ||||||
| 16 | (11) An Alzheimer's disease management center
| ||||||
| 17 | alternative health care model licensed under the | ||||||
| 18 | Alternative Health Care Delivery Act; or | ||||||
| 19 | (12) A home, institution, or other place operated by or
| ||||||
| 20 | under the authority of the Illinois Department of Veterans' | ||||||
| 21 | Affairs.
| ||||||
| 22 | (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
| 23 | 97-227, eff. 1-1-12.)
| ||||||
| 24 | (210 ILCS 47/2-202)
| ||||||
| 25 | Sec. 2-202. Contract required.
| ||||||
| |||||||
| |||||||
| 1 | (a) Before a person is admitted to a facility, or at the | ||||||
| 2 | expiration of the period of previous contract, or when the | ||||||
| 3 | source of payment for the resident's care changes from private | ||||||
| 4 | to public funds or from public to private funds, a written | ||||||
| 5 | contract shall be executed between a licensee and the following | ||||||
| 6 | in order of priority: | ||||||
| 7 | (1) the person, or if the person is a minor, his
parent | ||||||
| 8 | or guardian; or | ||||||
| 9 | (2) the person's guardian, if any, or agent, if any,
as | ||||||
| 10 | defined in Section 2-3 of the Illinois Power of Attorney | ||||||
| 11 | Act; or | ||||||
| 12 | (3) a member of the person's immediate family.
| ||||||
| 13 | An adult person shall be presumed to have the capacity to | ||||||
| 14 | contract for admission to a long term care facility unless he | ||||||
| 15 | or she has been adjudicated a "person with a disability | ||||||
| 16 | disabled person" within the meaning of Section 11a-2 of the | ||||||
| 17 | Probate Act of 1975, or unless a petition for such an | ||||||
| 18 | adjudication is pending in a circuit court of Illinois.
| ||||||
| 19 | If there is no guardian, agent or member of the person's | ||||||
| 20 | immediate family available, able or willing to execute the | ||||||
| 21 | contract required by this Section and a physician determines | ||||||
| 22 | that a person is so disabled as to be unable to consent to | ||||||
| 23 | placement in a facility, or if a person has already been found | ||||||
| 24 | to be a "person with a disability disabled person", but no | ||||||
| 25 | order has been entered allowing residential placement of the | ||||||
| 26 | person, that person may be admitted to a facility before the | ||||||
| |||||||
| |||||||
| 1 | execution of a contract required by this Section; provided that | ||||||
| 2 | a petition for guardianship or for modification of guardianship | ||||||
| 3 | is filed within 15 days of the person's admission to a | ||||||
| 4 | facility, and provided further that such a contract is executed | ||||||
| 5 | within 10 days of the disposition of the petition.
| ||||||
| 6 | No adult shall be admitted to a facility if he or she | ||||||
| 7 | objects, orally or in writing, to such admission, except as | ||||||
| 8 | otherwise provided in Chapters III and IV of the Mental Health | ||||||
| 9 | and Developmental Disabilities Code or Section 11a-14.1 of the | ||||||
| 10 | Probate Act of 1975.
| ||||||
| 11 | Before a licensee enters a contract under this Section, it | ||||||
| 12 | shall provide the prospective resident and his or her guardian, | ||||||
| 13 | if any, with written notice of the licensee's policy regarding | ||||||
| 14 | discharge of a resident whose private funds for payment of care | ||||||
| 15 | are exhausted. | ||||||
| 16 | (b) A resident shall not be discharged or transferred at | ||||||
| 17 | the expiration of the term of a contract, except as provided in | ||||||
| 18 | Sections 3-401 through 3-423. | ||||||
| 19 | (c) At the time of the resident's admission to the | ||||||
| 20 | facility, a copy of the contract shall be given to the | ||||||
| 21 | resident, his or her guardian, if any, and any other person who | ||||||
| 22 | executed the contract. | ||||||
| 23 | (d) A copy of the contract for a resident who is supported | ||||||
| 24 | by nonpublic funds other than the resident's own funds shall be | ||||||
| 25 | made available to the person providing the funds for the | ||||||
| 26 | resident's support. | ||||||
| |||||||
| |||||||
| 1 | (e) The original or a copy of the contract shall be | ||||||
| 2 | maintained in the facility and be made available upon request | ||||||
| 3 | to representatives of the Department and the Department of | ||||||
| 4 | Healthcare and Family Services. | ||||||
| 5 | (f) The contract shall be written in clear and unambiguous | ||||||
| 6 | language and shall be printed in not less than 12-point type. | ||||||
| 7 | The general form of the contract shall be prescribed by the | ||||||
| 8 | Department. | ||||||
| 9 | (g) The contract shall specify: | ||||||
| 10 | (1) the term of the contract; | ||||||
| 11 | (2) the services to be provided under the contract
and | ||||||
| 12 | the charges for the services; | ||||||
| 13 | (3) the services that may be provided to supplement
the | ||||||
| 14 | contract and the charges for the services; | ||||||
| 15 | (4) the sources liable for payments due under the
| ||||||
| 16 | contract; | ||||||
| 17 | (5) the amount of deposit paid; and | ||||||
| 18 | (6) the rights, duties and obligations of the
resident, | ||||||
| 19 | except that the specification of a resident's rights may be | ||||||
| 20 | furnished on a separate document which complies with the | ||||||
| 21 | requirements of Section 2-211. | ||||||
| 22 | (h) The contract shall designate the name of the resident's | ||||||
| 23 | representative, if any. The resident shall provide the facility | ||||||
| 24 | with a copy of the written agreement between the resident and | ||||||
| 25 | the resident's representative which authorizes the resident's | ||||||
| 26 | representative to inspect and copy the resident's records and | ||||||
| |||||||
| |||||||
| 1 | authorizes the resident's representative to execute the | ||||||
| 2 | contract on behalf of the resident required by this Section. | ||||||
| 3 | (i) The contract shall provide that if the resident is | ||||||
| 4 | compelled by a change in physical or mental health to leave the | ||||||
| 5 | facility, the contract and all obligations under it shall | ||||||
| 6 | terminate on 7 days' notice. No prior notice of termination of | ||||||
| 7 | the contract shall be required, however, in the case of a | ||||||
| 8 | resident's death. The contract shall also provide that in all | ||||||
| 9 | other situations, a resident may terminate the contract and all | ||||||
| 10 | obligations under it with 30 days' notice. All charges shall be | ||||||
| 11 | prorated as of the date on which the contract terminates, and, | ||||||
| 12 | if any payments have been made in advance, the excess shall be | ||||||
| 13 | refunded to the resident. This provision shall not apply to | ||||||
| 14 | life care contracts through which a facility agrees to provide | ||||||
| 15 | maintenance and care for a resident throughout the remainder of | ||||||
| 16 | his life nor to continuing care contracts through which a | ||||||
| 17 | facility agrees to supplement all available forms of financial | ||||||
| 18 | support in providing maintenance and care for a resident | ||||||
| 19 | throughout the remainder of his or her life. | ||||||
| 20 | (j) In addition to all other contract specifications | ||||||
| 21 | contained in this Section admission contracts shall also | ||||||
| 22 | specify: | ||||||
| 23 | (1) whether the facility accepts Medicaid clients; | ||||||
| 24 | (2) whether the facility requires a deposit of the
| ||||||
| 25 | resident or his or her family prior to the establishment of | ||||||
| 26 | Medicaid eligibility; | ||||||
| |||||||
| |||||||
| 1 | (3) in the event that a deposit is required, a clear
| ||||||
| 2 | and concise statement of the procedure to be followed for | ||||||
| 3 | the return of such deposit to the resident or the | ||||||
| 4 | appropriate family member or guardian of the person; | ||||||
| 5 | (4) that all deposits made to a facility by a
resident, | ||||||
| 6 | or on behalf of a resident, shall be returned by the | ||||||
| 7 | facility within 30 days of the establishment of Medicaid | ||||||
| 8 | eligibility, unless such deposits must be drawn upon or | ||||||
| 9 | encumbered in accordance with Medicaid eligibility | ||||||
| 10 | requirements established by the Department of Healthcare | ||||||
| 11 | and Family Services. | ||||||
| 12 | (k) It shall be a business offense for a facility to | ||||||
| 13 | knowingly and intentionally both retain a resident's deposit | ||||||
| 14 | and accept Medicaid payments on behalf of that resident.
| ||||||
| 15 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
| 16 | Section 515. The Supportive Residences Licensing Act is | ||||||
| 17 | amended by changing Section 20 as follows:
| ||||||
| 18 | (210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
| ||||||
| 19 | Sec. 20. Licensing standards.
| ||||||
| 20 | (a) The Department shall promulgate rules establishing | ||||||
| 21 | minimum standards for
licensing and operating Supportive | ||||||
| 22 | Residences in municipalities with a
population over 500,000. No | ||||||
| 23 | such municipality shall have more than 12
Supportive | ||||||
| 24 | Residences. These rules shall regulate the operation and | ||||||
| |||||||
| |||||||
| 1 | conduct of
Supportive Residences and shall include but not be | ||||||
| 2 | limited to:
| ||||||
| 3 | (1) development and maintenance of a case management | ||||||
| 4 | system by which an
integrated care plan is to be created | ||||||
| 5 | for each resident;
| ||||||
| 6 | (2) the training and qualifications of personnel | ||||||
| 7 | directly responsible for
providing care to residents;
| ||||||
| 8 | (3) provisions and criteria for admission, discharge, | ||||||
| 9 | and transfer of
residents;
| ||||||
| 10 | (4) provisions for residents to receive appropriate | ||||||
| 11 | programming and
support services commensurate with their | ||||||
| 12 | individual needs;
| ||||||
| 13 | (5) agreements between Supportive Residences and | ||||||
| 14 | hospitals or other
health care providers;
| ||||||
| 15 | (6) residents' rights and responsibilities and those | ||||||
| 16 | of their families and guardians;
| ||||||
| 17 | (7) fee and other contractual agreements between | ||||||
| 18 | Supportive Residences and residents;
| ||||||
| 19 | (8) medical and supportive services for residents;
| ||||||
| 20 | (9) the safety, cleanliness, and general adequacy of | ||||||
| 21 | the premises,
including provision for maintenance of fire | ||||||
| 22 | and health standards that
conform to State laws and | ||||||
| 23 | municipal codes, to provide for the physical
comfort, | ||||||
| 24 | well-being, care, and protection of the residents;
| ||||||
| 25 | (10) maintenance of records and residents' rights of | ||||||
| 26 | access to those
records; and
| ||||||
| |||||||
| |||||||
| 1 | (11) procedures for reporting abuse or neglect of | ||||||
| 2 | residents.
| ||||||
| 3 | (b) The rules shall also regulate the general financial | ||||||
| 4 | ability,
competence, character, and qualifications of the | ||||||
| 5 | applicant to
provide appropriate care and comply with this Act.
| ||||||
| 6 | (c) The Department may promulgate special rules and | ||||||
| 7 | regulations establishing
minimum standards for Supportive | ||||||
| 8 | Residences that permit the admission of:
| ||||||
| 9 | (1) residents who are parents with children, whether | ||||||
| 10 | either or both
have HIV Disease; or
| ||||||
| 11 | (2) residents with HIV Disease who are also persons | ||||||
| 12 | with developmental or physical disabilities | ||||||
| 13 | developmentally or physically
disabled.
| ||||||
| 14 | (d) Nothing in this Act shall be construed to impair or | ||||||
| 15 | abridge the power
of municipalities to enforce municipal zoning | ||||||
| 16 | or land use ordinances.
| ||||||
| 17 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 18 | Section 520. The Hospital Licensing Act is amended by | ||||||
| 19 | changing Sections 6.09 and 6.11 as follows:
| ||||||
| 20 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
| 21 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
| 22 | transition of aged
patients and patients with disabilities and | ||||||
| 23 | disabled patients from hospitals to post-hospital care, | ||||||
| 24 | whenever a
patient who qualifies for the
federal Medicare | ||||||
| |||||||
| |||||||
| 1 | program is hospitalized, the patient shall be notified
of | ||||||
| 2 | discharge at least
24 hours prior to discharge from
the | ||||||
| 3 | hospital. With regard to pending discharges to a skilled | ||||||
| 4 | nursing facility, the hospital must notify the case | ||||||
| 5 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
| 6 | least 24 hours prior to discharge. When the assessment is | ||||||
| 7 | completed in the hospital, the case coordination unit shall | ||||||
| 8 | provide the discharge planner with a copy of the prescreening | ||||||
| 9 | information and accompanying materials, which the discharge | ||||||
| 10 | planner shall transmit when the patient is discharged to a | ||||||
| 11 | skilled nursing facility. If home health services are ordered, | ||||||
| 12 | the hospital must inform its designated case coordination unit, | ||||||
| 13 | as defined in 89 Ill. Adm. Code 240.260, of the pending | ||||||
| 14 | discharge and must provide the patient with the case | ||||||
| 15 | coordination unit's telephone number and other contact | ||||||
| 16 | information.
| ||||||
| 17 | (b) Every hospital shall develop procedures for a physician | ||||||
| 18 | with medical
staff privileges at the hospital or any | ||||||
| 19 | appropriate medical staff member to
provide the discharge | ||||||
| 20 | notice prescribed in subsection (a) of this Section. The | ||||||
| 21 | procedures must include prohibitions against discharging or | ||||||
| 22 | referring a patient to any of the following if unlicensed, | ||||||
| 23 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
| 24 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
| 25 | and shared housing establishment, as defined in the Assisted | ||||||
| 26 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
| |||||||
| |||||||
| 1 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 2 | Rehabilitation Act of 2013, or the ID/DD Community Care Act; | ||||||
| 3 | (iv) a supportive living facility, as defined in Section | ||||||
| 4 | 5-5.01a of the Illinois Public Aid Code; or (v) a free-standing | ||||||
| 5 | hospice facility licensed under the Hospice Program Licensing | ||||||
| 6 | Act if licensure, certification, or registration is required. | ||||||
| 7 | The Department of Public Health shall annually provide | ||||||
| 8 | hospitals with a list of licensed, certified, or registered | ||||||
| 9 | board and care facilities, assisted living and shared housing | ||||||
| 10 | establishments, nursing homes, supportive living facilities, | ||||||
| 11 | facilities licensed under the ID/DD Community Care Act or the | ||||||
| 12 | Specialized Mental Health Rehabilitation Act of 2013, and | ||||||
| 13 | hospice facilities. Reliance upon this list by a hospital shall | ||||||
| 14 | satisfy compliance with this requirement.
The procedure may | ||||||
| 15 | also include a waiver for any case in which a discharge
notice | ||||||
| 16 | is not feasible due to a short length of stay in the hospital | ||||||
| 17 | by the patient,
or for any case in which the patient | ||||||
| 18 | voluntarily desires to leave the
hospital before the expiration | ||||||
| 19 | of the
24 hour period. | ||||||
| 20 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
| 21 | the
patient shall receive written information on the patient's | ||||||
| 22 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
| 23 | program, including the steps to follow to appeal
the discharge | ||||||
| 24 | and the appropriate telephone number to call in case the
| ||||||
| 25 | patient intends to appeal the discharge. | ||||||
| 26 | (d) Before transfer of a patient to a long term care | ||||||
| |||||||
| |||||||
| 1 | facility licensed under the Nursing Home Care Act where elderly | ||||||
| 2 | persons reside, a hospital shall as soon as practicable | ||||||
| 3 | initiate a name-based criminal history background check by | ||||||
| 4 | electronic submission to the Department of State Police for all | ||||||
| 5 | persons between the ages of 18 and 70 years; provided, however, | ||||||
| 6 | that a hospital shall be required to initiate such a background | ||||||
| 7 | check only with respect to patients who: | ||||||
| 8 | (1) are transferring to a long term care facility for | ||||||
| 9 | the first time; | ||||||
| 10 | (2) have been in the hospital more than 5 days; | ||||||
| 11 | (3) are reasonably expected to remain at the long term | ||||||
| 12 | care facility for more than 30 days; | ||||||
| 13 | (4) have a known history of serious mental illness or | ||||||
| 14 | substance abuse; and | ||||||
| 15 | (5) are independently ambulatory or mobile for more | ||||||
| 16 | than a temporary period of time. | ||||||
| 17 | A hospital may also request a criminal history background | ||||||
| 18 | check for a patient who does not meet any of the criteria set | ||||||
| 19 | forth in items (1) through (5). | ||||||
| 20 | A hospital shall notify a long term care facility if the | ||||||
| 21 | hospital has initiated a criminal history background check on a | ||||||
| 22 | patient being discharged to that facility. In all circumstances | ||||||
| 23 | in which the hospital is required by this subsection to | ||||||
| 24 | initiate the criminal history background check, the transfer to | ||||||
| 25 | the long term care facility may proceed regardless of the | ||||||
| 26 | availability of criminal history results. Upon receipt of the | ||||||
| |||||||
| |||||||
| 1 | results, the hospital shall promptly forward the results to the | ||||||
| 2 | appropriate long term care facility. If the results of the | ||||||
| 3 | background check are inconclusive, the hospital shall have no | ||||||
| 4 | additional duty or obligation to seek additional information | ||||||
| 5 | from, or about, the patient. | ||||||
| 6 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 7 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
| ||||||
| 8 | (210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)
| ||||||
| 9 | Sec. 6.11.
In licensing any hospital which provides for the | ||||||
| 10 | diagnosis, care
or treatment for persons suffering from mental | ||||||
| 11 | or emotional disorders or
for persons with intellectual | ||||||
| 12 | disabilities intellectually disabled persons, the Department | ||||||
| 13 | shall consult with the
Department of Human Services in | ||||||
| 14 | developing
standards for and evaluating the psychiatric | ||||||
| 15 | programs of such hospitals.
| ||||||
| 16 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 17 | Section 525. The Community-Integrated Living Arrangements | ||||||
| 18 | Licensure and
Certification Act is amended by changing the | ||||||
| 19 | title of the Act and Section 3 as follows:
| ||||||
| 20 | (210 ILCS 135/Act title)
| ||||||
| 21 | An Act in relation to community-integrated living | ||||||
| 22 | arrangements
for the mentally ill and for persons with | ||||||
| 23 | developmental disabilities developmentally disabled.
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
| ||||||
| 2 | Sec. 3. As used in this Act, unless the context requires | ||||||
| 3 | otherwise:
| ||||||
| 4 | (a) "Applicant" means a person, group of persons, | ||||||
| 5 | association, partnership
or corporation that applies for a | ||||||
| 6 | license as a community mental health or
developmental services | ||||||
| 7 | agency under this Act.
| ||||||
| 8 | (b) "Community mental health or developmental services | ||||||
| 9 | agency" or "agency"
means a public or private agency, | ||||||
| 10 | association, partnership, corporation or
organization which, | ||||||
| 11 | pursuant to this Act, certifies community-integrated living
| ||||||
| 12 | arrangements for persons with mental illness or persons with a | ||||||
| 13 | developmental
disability.
| ||||||
| 14 | (c) "Department" means the Department of Human Services (as | ||||||
| 15 | successor to
the Department of Mental Health and Developmental | ||||||
| 16 | Disabilities).
| ||||||
| 17 | (d) "Community-integrated living arrangement" means a | ||||||
| 18 | living arrangement
certified by a community mental health or | ||||||
| 19 | developmental services agency
under this Act where 8 or fewer | ||||||
| 20 | recipients with mental illness or recipients
with a | ||||||
| 21 | developmental disability who reside under the supervision of | ||||||
| 22 | the agency.
Examples of community integrated living | ||||||
| 23 | arrangements include but are not
limited to the following:
| ||||||
| 24 | (1) "Adult foster care", a living arrangement for | ||||||
| 25 | recipients in residences
of families unrelated to them, for | ||||||
| |||||||
| |||||||
| 1 | the purpose of providing family care for the
recipients on | ||||||
| 2 | a full-time basis;
| ||||||
| 3 | (2) "Assisted residential care", an independent living | ||||||
| 4 | arrangement where
recipients are intermittently supervised | ||||||
| 5 | by off-site staff;
| ||||||
| 6 | (3) "Crisis residential care", a non-medical living | ||||||
| 7 | arrangement where
recipients in need of non-medical, | ||||||
| 8 | crisis services are supervised by
on-site staff 24 hours a | ||||||
| 9 | day;
| ||||||
| 10 | (4) "Home individual programs", living arrangements | ||||||
| 11 | for 2 unrelated adults
outside the family home;
| ||||||
| 12 | (5) "Supported residential care", a living arrangement | ||||||
| 13 | where recipients
are supervised by on-site staff and such | ||||||
| 14 | supervision is provided less than 24
hours
a day;
| ||||||
| 15 | (6) "Community residential alternatives", as defined | ||||||
| 16 | in the Community
Residential Alternatives Licensing Act; | ||||||
| 17 | and
| ||||||
| 18 | (7) "Special needs trust-supported residential care", | ||||||
| 19 | a living
arrangement
where recipients are supervised by | ||||||
| 20 | on-site staff and that supervision is
provided
24 hours per | ||||||
| 21 | day or less, as dictated by the needs of the recipients, | ||||||
| 22 | and
determined
by service providers. As used in this item | ||||||
| 23 | (7), "special needs trust" means a
trust
for the benefit of | ||||||
| 24 | a beneficiary with a disability disabled beneficiary as | ||||||
| 25 | described in Section 15.1 of the
Trusts
and Trustees Act.
| ||||||
| 26 | (e) "Recipient" means a person who has received, is | ||||||
| |||||||
| |||||||
| 1 | receiving, or is in need
of treatment or habilitation as those | ||||||
| 2 | terms are defined in the Mental Health
and Developmental | ||||||
| 3 | Disabilities Code.
| ||||||
| 4 | (f) "Unrelated" means that persons residing together in | ||||||
| 5 | programs or
placements certified by a community mental health | ||||||
| 6 | or developmental services
agency under this Act do not have any | ||||||
| 7 | of the following relationships by blood,
marriage or adoption: | ||||||
| 8 | parent, son, daughter, brother, sister, grandparent,
uncle, | ||||||
| 9 | aunt, nephew, niece, great grandparent, great uncle, great | ||||||
| 10 | aunt,
stepbrother, stepsister, stepson, stepdaughter, | ||||||
| 11 | stepparent or first cousin.
| ||||||
| 12 | (Source: P.A. 93-274, eff. 1-1-04.)
| ||||||
| 13 | Section 530. The Illinois Insurance Code is amended by | ||||||
| 14 | changing Sections 4, 143.24, 143.24a, 155.52, 236, 356b, | ||||||
| 15 | 356z.2, 357.3, 362a, 364, 367b, 367i, 424, 500-50, and 500-60 | ||||||
| 16 | as follows:
| ||||||
| 17 | (215 ILCS 5/4) (from Ch. 73, par. 616)
| ||||||
| 18 | Sec. 4. Classes of insurance. Insurance and insurance | ||||||
| 19 | business shall
be classified as follows:
| ||||||
| 20 | Class 1. Life, Accident and Health.
| ||||||
| 21 | (a) Life. Insurance on the lives of persons and every | ||||||
| 22 | insurance
appertaining thereto or connected therewith and | ||||||
| 23 | granting, purchasing or
disposing of annuities. Policies of | ||||||
| 24 | life or endowment insurance or
annuity contracts or contracts | ||||||
| |||||||
| |||||||
| 1 | supplemental thereto which contain
provisions for additional | ||||||
| 2 | benefits in case of death by accidental means
and provisions | ||||||
| 3 | operating to safeguard such policies or contracts against
| ||||||
| 4 | lapse, to give a special surrender value, or special benefit, | ||||||
| 5 | or an
annuity, in the event, that the insured or annuitant | ||||||
| 6 | shall become
a person with a total and permanent disability | ||||||
| 7 | totally and permanently disabled as defined by the policy or | ||||||
| 8 | contract,
or which contain benefits providing acceleration of | ||||||
| 9 | life or endowment or
annuity benefits in advance of the time | ||||||
| 10 | they would otherwise be
payable, as an indemnity for long term | ||||||
| 11 | care which is certified or
ordered by a physician, including | ||||||
| 12 | but not limited to, professional nursing
care, medical care | ||||||
| 13 | expenses, custodial nursing care, non-nursing custodial
care | ||||||
| 14 | provided in a nursing home or at a residence of the insured, or
| ||||||
| 15 | which contain benefits providing acceleration of life or | ||||||
| 16 | endowment or
annuity benefits in advance of the time they would | ||||||
| 17 | otherwise be payable, at
any time during the insured's
| ||||||
| 18 | lifetime, as an indemnity for a terminal illness shall be | ||||||
| 19 | deemed to be
policies of life or endowment insurance or annuity | ||||||
| 20 | contracts within the
intent of this clause.
| ||||||
| 21 | Also to be deemed as policies of life or endowment | ||||||
| 22 | insurance or annuity
contracts within the intent of this clause | ||||||
| 23 | shall be those policies or
riders that provide for the payment | ||||||
| 24 | of up to 75% of the face amount
of
benefits in advance of the | ||||||
| 25 | time they would otherwise be payable upon a
diagnosis by a | ||||||
| 26 | physician licensed to practice medicine in all of its
branches | ||||||
| |||||||
| |||||||
| 1 | that the insured has incurred a covered
condition listed
in the | ||||||
| 2 | policy or rider.
| ||||||
| 3 | "Covered condition", as used in this clause, means:
heart | ||||||
| 4 | attack, stroke, coronary artery surgery,
life threatening | ||||||
| 5 | cancer, renal failure,
alzheimer's disease,
paraplegia, major | ||||||
| 6 | organ transplantation, total and permanent
disability, and any | ||||||
| 7 | other medical condition that the Department may approve for
any | ||||||
| 8 | particular filing.
| ||||||
| 9 | The Director may issue rules that specify prohibited policy | ||||||
| 10 | provisions,
not otherwise specifically prohibited by law, | ||||||
| 11 | which in the opinion of the
Director are unjust, unfair, or | ||||||
| 12 | unfairly discriminatory to the
policyholder,
any person | ||||||
| 13 | insured under the policy, or beneficiary.
| ||||||
| 14 | (b) Accident and health. Insurance against bodily injury,
| ||||||
| 15 | disablement or death by accident and against disablement | ||||||
| 16 | resulting from
sickness or old age and every insurance | ||||||
| 17 | appertaining thereto, including
stop-loss insurance. Stop-loss | ||||||
| 18 | insurance is insurance against the risk of
economic loss issued | ||||||
| 19 | to a single employer self-funded employee disability
benefit | ||||||
| 20 | plan or an employee welfare benefit plan as described in 29 | ||||||
| 21 | U.S.C. 100
et seq. The insurance laws of this State, including
| ||||||
| 22 | this Code, do not apply to arrangements between a religious | ||||||
| 23 | organization and the organization's members
or participants | ||||||
| 24 | when the arrangement and organization meet all of the
following | ||||||
| 25 | criteria:
| ||||||
| 26 | (i) the organization is described in Section 501(c)(3) | ||||||
| |||||||
| |||||||
| 1 | of the Internal Revenue Code and is exempt from taxation | ||||||
| 2 | under Section 501(a) of the Internal Revenue Code; | ||||||
| 3 | (ii) members of the organization share a common set of | ||||||
| 4 | ethical or religious beliefs and share medical expenses | ||||||
| 5 | among members in accordance with those beliefs and without | ||||||
| 6 | regard to the state in which a member resides or is | ||||||
| 7 | employed; | ||||||
| 8 | (iii) no funds that have been given for the purpose of | ||||||
| 9 | the sharing of medical expenses among members described in | ||||||
| 10 | paragraph (ii) of this subsection (b) are held by the | ||||||
| 11 | organization in an off-shore trust or bank account; | ||||||
| 12 | (iv) the organization provides at least monthly to all | ||||||
| 13 | of its members a written statement listing the dollar | ||||||
| 14 | amount of qualified medical expenses that members have | ||||||
| 15 | submitted for sharing, as well as the amount of expenses | ||||||
| 16 | actually shared among the members; | ||||||
| 17 | (v) members of the organization retain membership even | ||||||
| 18 | after they develop a medical condition; | ||||||
| 19 | (vi) the organization or a predecessor organization | ||||||
| 20 | has been in existence at all times since December 31, 1999, | ||||||
| 21 | and medical expenses of its members have been shared | ||||||
| 22 | continuously and without interruption since at least | ||||||
| 23 | December 31, 1999; | ||||||
| 24 | (vii) the organization conducts an annual audit that is | ||||||
| 25 | performed by an independent certified public accounting | ||||||
| 26 | firm in accordance with generally accepted accounting | ||||||
| |||||||
| |||||||
| 1 | principles and is made available to the public upon | ||||||
| 2 | request; | ||||||
| 3 | (viii) the organization includes the following | ||||||
| 4 | statement, in writing, on or accompanying all applications | ||||||
| 5 | and guideline materials: | ||||||
| 6 | "Notice: The organization facilitating the sharing of | ||||||
| 7 | medical expenses is not an insurance company, and | ||||||
| 8 | neither its guidelines nor plan of operation | ||||||
| 9 | constitute or create an insurance policy. Any | ||||||
| 10 | assistance you receive with your medical bills will be | ||||||
| 11 | totally voluntary. As such, participation in the | ||||||
| 12 | organization or a subscription to any of its documents | ||||||
| 13 | should never be considered to be insurance. Whether or | ||||||
| 14 | not you receive any payments for medical expenses and | ||||||
| 15 | whether or not this organization continues to operate, | ||||||
| 16 | you are always personally responsible for the payment | ||||||
| 17 | of your own medical bills."; | ||||||
| 18 | (ix) any membership card or similar document issued by | ||||||
| 19 | the organization and any written communication sent by the | ||||||
| 20 | organization to a hospital, physician, or other health care | ||||||
| 21 | provider shall include a statement that the organization | ||||||
| 22 | does not issue health insurance and that the member or | ||||||
| 23 | participant is personally liable for payment of his or her | ||||||
| 24 | medical bills; | ||||||
| 25 | (x) the organization provides to a participant, within | ||||||
| 26 | 30 days after the participant joins, a complete set of its | ||||||
| |||||||
| |||||||
| 1 | rules for the sharing of medical expenses, appeals of | ||||||
| 2 | decisions made by the organization, and the filing of | ||||||
| 3 | complaints; | ||||||
| 4 | (xi) the organization does not offer any other services | ||||||
| 5 | that are regulated under any provision of the Illinois | ||||||
| 6 | Insurance Code or other insurance laws of this State; and | ||||||
| 7 | (xii) the organization does not amass funds as reserves | ||||||
| 8 | intended for payment of medical services, rather the | ||||||
| 9 | organization facilitates the payments provided for in this | ||||||
| 10 | subsection (b) through payments made directly from one | ||||||
| 11 | participant to another. | ||||||
| 12 | (c) Legal Expense Insurance. Insurance which involves
the | ||||||
| 13 | assumption of a contractual obligation to reimburse the | ||||||
| 14 | beneficiary
against or pay on behalf of the beneficiary, all or | ||||||
| 15 | a portion of his fees,
costs, or expenses related to or arising | ||||||
| 16 | out of services performed by or
under the supervision of an | ||||||
| 17 | attorney licensed to practice in the jurisdiction
wherein the | ||||||
| 18 | services are performed, regardless of whether the payment is | ||||||
| 19 | made
by the beneficiaries individually or by a third person for | ||||||
| 20 | them, but does
not include the provision of or reimbursement | ||||||
| 21 | for legal services incidental
to other insurance coverages. The | ||||||
| 22 | insurance laws of this State, including
this Act do not apply | ||||||
| 23 | to:
| ||||||
| 24 | (i) Retainer contracts made by attorneys at law with | ||||||
| 25 | individual clients
with fees based on estimates of the | ||||||
| 26 | nature and amount of services to be
provided to the | ||||||
| |||||||
| |||||||
| 1 | specific client, and similar contracts made with a group
of | ||||||
| 2 | clients involved in the same or closely related legal | ||||||
| 3 | matters;
| ||||||
| 4 | (ii) Plans owned or operated by attorneys who are the | ||||||
| 5 | providers of legal
services to the plan;
| ||||||
| 6 | (iii) Plans providing legal service benefits to groups | ||||||
| 7 | where such plans
are owned or operated by authority of a | ||||||
| 8 | state, county, local or other bar
association;
| ||||||
| 9 | (iv) Any lawyer referral service authorized or | ||||||
| 10 | operated by a state,
county, local or other bar | ||||||
| 11 | association;
| ||||||
| 12 | (v) The furnishing of legal assistance by labor unions | ||||||
| 13 | and other employee
organizations to their members in | ||||||
| 14 | matters relating to employment or occupation;
| ||||||
| 15 | (vi) The furnishing of legal assistance to members or | ||||||
| 16 | dependents, by
churches, consumer organizations, | ||||||
| 17 | cooperatives, educational institutions,
credit unions, or | ||||||
| 18 | organizations of employees, where such organizations | ||||||
| 19 | contract
directly with lawyers or law firms for the | ||||||
| 20 | provision of legal services,
and the administration and | ||||||
| 21 | marketing of such legal services is wholly conducted
by the | ||||||
| 22 | organization or its subsidiary;
| ||||||
| 23 | (vii) Legal services provided by an employee welfare | ||||||
| 24 | benefit plan defined
by the Employee Retirement Income | ||||||
| 25 | Security Act of 1974;
| ||||||
| 26 | (viii) Any collectively bargained plan for legal | ||||||
| |||||||
| |||||||
| 1 | services between a labor
union and an employer negotiated | ||||||
| 2 | pursuant to Section 302 of the Labor
Management Relations | ||||||
| 3 | Act as now or hereafter amended, under which plan
legal | ||||||
| 4 | services will be provided for employees of the employer | ||||||
| 5 | whether or
not payments for such services are funded to or | ||||||
| 6 | through an insurance company.
| ||||||
| 7 | Class 2. Casualty, Fidelity and Surety.
| ||||||
| 8 | (a) Accident and health. Insurance against bodily injury,
| ||||||
| 9 | disablement or death by accident and against disablement | ||||||
| 10 | resulting from
sickness or old age and every insurance | ||||||
| 11 | appertaining thereto, including
stop-loss insurance. Stop-loss | ||||||
| 12 | insurance is insurance against the risk of
economic loss issued | ||||||
| 13 | to a single employer self-funded employee disability
benefit | ||||||
| 14 | plan or
an employee welfare benefit plan as described in 29 | ||||||
| 15 | U.S.C. 1001 et seq.
| ||||||
| 16 | (b) Vehicle. Insurance against any loss or liability | ||||||
| 17 | resulting from
or incident to the ownership, maintenance or use | ||||||
| 18 | of any vehicle (motor
or otherwise), draft animal or aircraft. | ||||||
| 19 | Any policy insuring against any
loss or liability on account of | ||||||
| 20 | the bodily injury or death of any person
may contain a | ||||||
| 21 | provision for payment of disability benefits to injured
persons | ||||||
| 22 | and death benefits to dependents, beneficiaries or personal
| ||||||
| 23 | representatives of persons who are killed, including the named | ||||||
| 24 | insured,
irrespective of legal liability of the insured, if the | ||||||
| 25 | injury or death
for which benefits are provided is caused by | ||||||
| 26 | accident and sustained
while in or upon or while entering into | ||||||
| |||||||
| |||||||
| 1 | or alighting from or through
being struck by a vehicle (motor | ||||||
| 2 | or otherwise), draft animal or
aircraft, and such provision | ||||||
| 3 | shall not be deemed to be accident
insurance.
| ||||||
| 4 | (c) Liability. Insurance against the liability of the | ||||||
| 5 | insured for
the death, injury or disability of an employee or | ||||||
| 6 | other person, and
insurance against the liability of the | ||||||
| 7 | insured for damage to or
destruction of another person's | ||||||
| 8 | property.
| ||||||
| 9 | (d) Workers' compensation. Insurance of the obligations | ||||||
| 10 | accepted by
or imposed upon employers under laws for workers' | ||||||
| 11 | compensation.
| ||||||
| 12 | (e) Burglary and forgery. Insurance against loss or damage | ||||||
| 13 | by
burglary, theft, larceny, robbery, forgery, fraud or | ||||||
| 14 | otherwise;
including all householders' personal property | ||||||
| 15 | floater risks.
| ||||||
| 16 | (f) Glass. Insurance against loss or damage to glass | ||||||
| 17 | including
lettering, ornamentation and fittings from any | ||||||
| 18 | cause.
| ||||||
| 19 | (g) Fidelity and surety. Become surety or guarantor for any | ||||||
| 20 | person,
copartnership or corporation in any position or place | ||||||
| 21 | of trust or as
custodian of money or property, public or | ||||||
| 22 | private; or, becoming a surety
or guarantor for the performance | ||||||
| 23 | of any person, copartnership or
corporation of any lawful | ||||||
| 24 | obligation, undertaking, agreement or contract
of any kind, | ||||||
| 25 | except contracts or policies of insurance; and underwriting
| ||||||
| 26 | blanket bonds. Such obligations shall be known and treated as | ||||||
| |||||||
| |||||||
| 1 | suretyship
obligations and such business shall be known as | ||||||
| 2 | surety business.
| ||||||
| 3 | (h) Miscellaneous. Insurance against loss or damage to | ||||||
| 4 | property and
any liability of the insured caused by accidents | ||||||
| 5 | to boilers, pipes,
pressure containers, machinery and | ||||||
| 6 | apparatus of any kind and any
apparatus connected thereto, or | ||||||
| 7 | used for creating, transmitting or
applying power, light, heat, | ||||||
| 8 | steam or refrigeration, making inspection
of and issuing | ||||||
| 9 | certificates of inspection upon elevators, boilers,
machinery | ||||||
| 10 | and apparatus of any kind and all mechanical apparatus and
| ||||||
| 11 | appliances appertaining thereto; insurance against loss or | ||||||
| 12 | damage by
water entering through leaks or openings in | ||||||
| 13 | buildings, or from the
breakage or leakage of a sprinkler, | ||||||
| 14 | pumps, water pipes, plumbing and all
tanks, apparatus, conduits | ||||||
| 15 | and containers designed to bring water into
buildings or for | ||||||
| 16 | its storage or utilization therein, or caused by the
falling of | ||||||
| 17 | a tank, tank platform or supports, or against loss or damage
| ||||||
| 18 | from any cause (other than causes specifically enumerated under | ||||||
| 19 | Class 3
of this Section) to such sprinkler, pumps, water pipes, | ||||||
| 20 | plumbing, tanks,
apparatus, conduits or containers; insurance | ||||||
| 21 | against loss or damage
which may result from the failure of | ||||||
| 22 | debtors to pay their obligations to
the insured; and insurance | ||||||
| 23 | of the payment of money for personal services
under contracts | ||||||
| 24 | of hiring.
| ||||||
| 25 | (i) Other casualty risks. Insurance against any other | ||||||
| 26 | casualty risk
not otherwise specified under Classes 1 or 3, | ||||||
| |||||||
| |||||||
| 1 | which may lawfully be the
subject of insurance and may properly | ||||||
| 2 | be classified under Class 2.
| ||||||
| 3 | (j) Contingent losses. Contingent, consequential and | ||||||
| 4 | indirect
coverages wherein the proximate cause of the loss is | ||||||
| 5 | attributable to any
one of the causes enumerated under Class 2. | ||||||
| 6 | Such coverages shall, for
the purpose of classification, be | ||||||
| 7 | included in the specific grouping of
the kinds of insurance | ||||||
| 8 | wherein such cause is specified.
| ||||||
| 9 | (k) Livestock and domestic animals. Insurance against | ||||||
| 10 | mortality,
accident and health of livestock and domestic | ||||||
| 11 | animals.
| ||||||
| 12 | (l) Legal expense insurance. Insurance against risk | ||||||
| 13 | resulting from the
cost of legal services as defined under | ||||||
| 14 | Class 1(c).
| ||||||
| 15 | Class 3. Fire and Marine, etc.
| ||||||
| 16 | (a) Fire. Insurance against loss or damage by fire, smoke | ||||||
| 17 | and
smudge, lightning or other electrical disturbances.
| ||||||
| 18 | (b) Elements. Insurance against loss or damage by | ||||||
| 19 | earthquake,
windstorms, cyclone, tornado, tempests, hail, | ||||||
| 20 | frost, snow, ice, sleet,
flood, rain, drought or other weather | ||||||
| 21 | or climatic conditions including
excess or deficiency of | ||||||
| 22 | moisture, rising of the waters of the ocean or
its tributaries.
| ||||||
| 23 | (c) War, riot and explosion. Insurance against loss or | ||||||
| 24 | damage by
bombardment, invasion, insurrection, riot, strikes, | ||||||
| 25 | civil war or
commotion, military or usurped power, or explosion | ||||||
| 26 | (other than explosion
of steam boilers and the breaking of fly | ||||||
| |||||||
| |||||||
| 1 | wheels on premises owned,
controlled, managed, or maintained by | ||||||
| 2 | the insured.)
| ||||||
| 3 | (d) Marine and transportation. Insurance against loss or | ||||||
| 4 | damage to
vessels, craft, aircraft, vehicles of every kind, | ||||||
| 5 | (excluding vehicles
operating under their own power or while in | ||||||
| 6 | storage not incidental to
transportation) as well as all goods, | ||||||
| 7 | freights, cargoes, merchandise,
effects, disbursements, | ||||||
| 8 | profits, moneys, bullion, precious stones,
securities, chooses | ||||||
| 9 | in action, evidences of debt, valuable papers,
bottomry and | ||||||
| 10 | respondentia interests and all other kinds of property and
| ||||||
| 11 | interests therein, in respect to, appertaining to or in | ||||||
| 12 | connection with
any or all risks or perils of navigation, | ||||||
| 13 | transit, or transportation,
including war risks, on or under | ||||||
| 14 | any seas or other waters, on land or in
the air, or while being | ||||||
| 15 | assembled, packed, crated, baled, compressed or
similarly | ||||||
| 16 | prepared for shipment or while awaiting the same or during any
| ||||||
| 17 | delays, storage, transshipment, or reshipment incident | ||||||
| 18 | thereto,
including marine builder's risks and all personal | ||||||
| 19 | property floater
risks; and for loss or damage to persons or | ||||||
| 20 | property in connection with
or appertaining to marine, inland | ||||||
| 21 | marine, transit or transportation
insurance, including | ||||||
| 22 | liability for loss of or damage to either arising
out of or in | ||||||
| 23 | connection with the construction, repair, operation,
| ||||||
| 24 | maintenance, or use of the subject matter of such insurance, | ||||||
| 25 | (but not
including life insurance or surety bonds); but, except | ||||||
| 26 | as herein
specified, shall not mean insurances against loss by | ||||||
| |||||||
| |||||||
| 1 | reason of bodily
injury to the person; and insurance against | ||||||
| 2 | loss or damage to precious
stones, jewels, jewelry, gold, | ||||||
| 3 | silver and other precious metals whether
used in business or | ||||||
| 4 | trade or otherwise and whether the same be in course
of | ||||||
| 5 | transportation or otherwise, which shall include jewelers' | ||||||
| 6 | block
insurance; and insurance against loss or damage to | ||||||
| 7 | bridges, tunnels and
other instrumentalities of transportation | ||||||
| 8 | and communication (excluding
buildings, their furniture and | ||||||
| 9 | furnishings, fixed contents and supplies
held in storage) | ||||||
| 10 | unless fire, tornado, sprinkler leakage, hail,
explosion, | ||||||
| 11 | earthquake, riot and civil commotion are the only hazards to
be | ||||||
| 12 | covered; and to piers, wharves, docks and slips, excluding the | ||||||
| 13 | risks
of fire, tornado, sprinkler leakage, hail, explosion, | ||||||
| 14 | earthquake, riot
and civil commotion; and to other aids to | ||||||
| 15 | navigation and transportation,
including dry docks and marine | ||||||
| 16 | railways, against all risk.
| ||||||
| 17 | (e) Vehicle. Insurance against loss or liability resulting | ||||||
| 18 | from or
incident to the ownership, maintenance or use of any | ||||||
| 19 | vehicle (motor or
otherwise), draft animal or aircraft, | ||||||
| 20 | excluding the liability of the
insured for the death, injury or | ||||||
| 21 | disability of another person.
| ||||||
| 22 | (f) Property damage, sprinkler leakage and crop. Insurance | ||||||
| 23 | against
the liability of the insured for loss or damage to | ||||||
| 24 | another person's
property or property interests from any cause | ||||||
| 25 | enumerated in this class;
insurance against loss or damage by | ||||||
| 26 | water entering through leaks or
openings in buildings, or from | ||||||
| |||||||
| |||||||
| 1 | the breakage or leakage of a sprinkler,
pumps, water pipes, | ||||||
| 2 | plumbing and all tanks, apparatus, conduits and
containers | ||||||
| 3 | designed to bring water into buildings or for its storage or
| ||||||
| 4 | utilization therein, or caused by the falling of a tank, tank | ||||||
| 5 | platform
or supports or against loss or damage from any cause | ||||||
| 6 | to such sprinklers,
pumps, water pipes, plumbing, tanks, | ||||||
| 7 | apparatus, conduits or containers;
insurance against loss or | ||||||
| 8 | damage from insects, diseases or other causes to
trees, crops | ||||||
| 9 | or other products of the soil.
| ||||||
| 10 | (g) Other fire and marine risks. Insurance against any | ||||||
| 11 | other
property risk not otherwise specified under Classes 1 or | ||||||
| 12 | 2, which may
lawfully be the subject of insurance and may | ||||||
| 13 | properly be classified
under Class 3.
| ||||||
| 14 | (h) Contingent losses. Contingent, consequential and | ||||||
| 15 | indirect
coverages wherein the proximate cause of the loss is | ||||||
| 16 | attributable to any
of the causes enumerated under Class 3. | ||||||
| 17 | Such coverages shall, for the
purpose of classification, be | ||||||
| 18 | included in the specific grouping of the
kinds of insurance | ||||||
| 19 | wherein such cause is specified.
| ||||||
| 20 | (i) Legal expense insurance. Insurance against risk | ||||||
| 21 | resulting from the
cost of legal services as defined under | ||||||
| 22 | Class 1(c).
| ||||||
| 23 | (Source: P.A. 97-705, eff. 1-1-13; 97-707, eff. 1-1-13.)
| ||||||
| 24 | (215 ILCS 5/143.24) (from Ch. 73, par. 755.24)
| ||||||
| 25 | Sec. 143.24. Limited Nonrenewal of Automobile Insurance | ||||||
| |||||||
| |||||||
| 1 | Policy. A policy of automobile insurance, as defined in | ||||||
| 2 | subsection (a) of Section
143.13, may not be nonrenewed for any | ||||||
| 3 | of the following reasons:
| ||||||
| 4 | a. Age;
| ||||||
| 5 | b. Sex;
| ||||||
| 6 | c. Race;
| ||||||
| 7 | d. Color;
| ||||||
| 8 | e. Creed;
| ||||||
| 9 | f. Ancestry;
| ||||||
| 10 | g. Occupation;
| ||||||
| 11 | h. Marital Status;
| ||||||
| 12 | i. Employer of the insured;
| ||||||
| 13 | j. Physical disability handicap as defined in Section | ||||||
| 14 | 143.24a of this Act.
| ||||||
| 15 | (Source: P.A. 86-437.)
| ||||||
| 16 | (215 ILCS 5/143.24a) (from Ch. 73, par. 755.24a)
| ||||||
| 17 | Sec. 143.24a.
(a) No insurer, licensed to issue a policy of | ||||||
| 18 | automobile
insurance, as defined in subsection (a) of Section | ||||||
| 19 | 143.13, shall fail or
refuse to accept an application from a | ||||||
| 20 | person with a physical disability physically handicapped | ||||||
| 21 | person for such
insurance, refuse to issue such insurance to an | ||||||
| 22 | applicant with a physical disability a physically handicapped | ||||||
| 23 | applicant therefor
solely because of a physical disability | ||||||
| 24 | handicap, or issue or cancel such insurance under
conditions | ||||||
| 25 | less favorable to persons with physical disabilities | ||||||
| |||||||
| |||||||
| 1 | physically handicapped persons than
persons without physical | ||||||
| 2 | disabilities nonhandicapped
persons; nor shall a physical | ||||||
| 3 | disability handicap itself constitute a condition or risk for
| ||||||
| 4 | which a higher premium may be required of a person with a | ||||||
| 5 | physical disability physically handicapped
person for such | ||||||
| 6 | insurance.
| ||||||
| 7 | (b) As used in this Section, "physical disability handicap" | ||||||
| 8 | refers only to
an impairment of physical ability because of | ||||||
| 9 | amputation or loss of
function which impairment
has been | ||||||
| 10 | compensated for, when necessary, by vehicle equipment | ||||||
| 11 | adaptation
or modification; or an impairment of hearing which
| ||||||
| 12 | impairment has been compensated for, when necessary, either by | ||||||
| 13 | sensory
equipment adaptation or modification, or an impairment | ||||||
| 14 | of
speech; provided, that the insurer may require an applicant | ||||||
| 15 | with a physical disability a
physically handicapped applicant | ||||||
| 16 | for such insurance on the renewal of such insurance
to furnish | ||||||
| 17 | proof that he or she has qualified for a new or renewed drivers
| ||||||
| 18 | license since the occurrence of the disabling handicapping | ||||||
| 19 | condition.
| ||||||
| 20 | (Source: P.A. 85-762.)
| ||||||
| 21 | (215 ILCS 5/155.52) (from Ch. 73, par. 767.52)
| ||||||
| 22 | Sec. 155.52. Definitions. | ||||||
| 23 | For the purpose of this Article:
| ||||||
| 24 | (a) "Credit life insurance" means insurance on the life of | ||||||
| 25 | a debtor
pursuant to or in connection with a specific loan or | ||||||
| |||||||
| |||||||
| 1 | other credit
transaction;
| ||||||
| 2 | (b) "Credit Accident and health insurance" means insurance | ||||||
| 3 | on a debtor
to provide indemnity for payments becoming due on a | ||||||
| 4 | specific loan or other
credit transaction while the debtor is a | ||||||
| 5 | person with a disability disabled as defined in the policy;
| ||||||
| 6 | (c) "Creditor" means the lender of money or vendor or | ||||||
| 7 | lessor of goods,
services, property, rights or privileges, for | ||||||
| 8 | which payment is arranged
through a credit transaction or any | ||||||
| 9 | successor to the right, title or
interest of any such lender, | ||||||
| 10 | vendor or lessor, and an affiliate, associate
or subsidiary of | ||||||
| 11 | any of them or any director, officer or employee of any of
them | ||||||
| 12 | or any other person in any way associated with any of them;
| ||||||
| 13 | (d) "Debtor" means a borrower of money or a purchaser or | ||||||
| 14 | lessee of
goods, services, property, rights or privileges for | ||||||
| 15 | which payment is
arranged through a credit transaction;
| ||||||
| 16 | (e) "Indebtedness" means the total amount payable by a | ||||||
| 17 | debtor to a
creditor in connection with a loan or other credit | ||||||
| 18 | transaction;
| ||||||
| 19 | (f) "Director" means the Director of Insurance of the State | ||||||
| 20 | of Illinois.
| ||||||
| 21 | (Source: Laws 1959, p. 1140.)
| ||||||
| 22 | (215 ILCS 5/236) (from Ch. 73, par. 848)
| ||||||
| 23 | Sec. 236. Discrimination prohibited.
| ||||||
| 24 | (a) No life company doing business in this State shall make | ||||||
| 25 | or permit any
distinction or discrimination in favor of | ||||||
| |||||||
| |||||||
| 1 | individuals among insured
persons of the same class and equal | ||||||
| 2 | expectation of life in the issuance
of its policies, in the | ||||||
| 3 | amount of
payment of premiums or rates charged for policies of | ||||||
| 4 | insurance, in the
amount of any dividends or other benefits | ||||||
| 5 | payable thereon, or in any
other of the terms and conditions of | ||||||
| 6 | the contracts it makes.
| ||||||
| 7 | (b) No life company shall make or permit any distinction or | ||||||
| 8 | discrimination
against individuals
with handicaps or | ||||||
| 9 | disabilities in
the amount of payment
of premiums or rates | ||||||
| 10 | charged for policies of life insurance, in the amount
of any | ||||||
| 11 | dividends or death benefits payable thereon, or in any other | ||||||
| 12 | terms
and conditions of the contract it makes unless the rate | ||||||
| 13 | differential is
based on sound actuarial principles and a | ||||||
| 14 | reasonable system of classification
and is related to actual or | ||||||
| 15 | reasonably anticipated experience directly
associated with the | ||||||
| 16 | handicap or disability.
| ||||||
| 17 | (c) No life company shall refuse to insure, or refuse to | ||||||
| 18 | continue to insure,
or limit the amount or extent or kind of | ||||||
| 19 | coverage available to an
individual, or charge an individual a | ||||||
| 20 | different rate for the same coverage
solely because of | ||||||
| 21 | blindness or partial blindness. With respect to all
other | ||||||
| 22 | conditions, including the underlying cause of the blindness or
| ||||||
| 23 | partial blindness, persons who are blind or partially blind | ||||||
| 24 | shall be
subject to the same standards of sound actuarial | ||||||
| 25 | principles or actual or
reasonably anticipated experience as | ||||||
| 26 | are sighted persons. Refusal to
insure includes denial by an | ||||||
| |||||||
| |||||||
| 1 | insurer of disability insurance coverage on
the grounds that | ||||||
| 2 | the policy defines "disability" as being presumed in the
event | ||||||
| 3 | that the insured loses his or her eyesight. However, an insurer | ||||||
| 4 | may
exclude from coverage disabilities consisting solely of | ||||||
| 5 | blindness or
partial blindness when such condition existed at | ||||||
| 6 | the time the policy was issued.
| ||||||
| 7 | (d) No life company shall refuse to insure or to continue | ||||||
| 8 | to insure an
individual solely because of the individual's | ||||||
| 9 | status as a member of the
United States Air Force, Army, Coast | ||||||
| 10 | Guard, Marines, or Navy or solely because
of the individual's | ||||||
| 11 | status as a member
of the National Guard or Armed Forces | ||||||
| 12 | Reserve.
| ||||||
| 13 | (e) An insurer or producer authorized to issue policies of | ||||||
| 14 | insurance in this State may not make a distinction or otherwise | ||||||
| 15 | discriminate between persons, reject an applicant, cancel a | ||||||
| 16 | policy, or demand or require a higher rate of premium for | ||||||
| 17 | reasons based solely upon an applicant's or insured's past | ||||||
| 18 | lawful travel experiences or future lawful travel plans. This | ||||||
| 19 | subsection (e) does not prohibit an insurer or producer from | ||||||
| 20 | excluding or limiting coverage under a policy or refusing to | ||||||
| 21 | offer the policy based upon past lawful travel or future lawful | ||||||
| 22 | travel plans or from charging a different rate for that | ||||||
| 23 | coverage when that action is based upon sound actuarial | ||||||
| 24 | principles or is related to actual or reasonably expected | ||||||
| 25 | experience and is not based solely on the destination's | ||||||
| 26 | inclusion on the United States Department of State's travel | ||||||
| |||||||
| |||||||
| 1 | warning list. | ||||||
| 2 | (Source: P.A. 95-163, eff. 1-1-08.)
| ||||||
| 3 | (215 ILCS 5/356b) (from Ch. 73, par. 968b)
| ||||||
| 4 | Sec. 356b. (a) This Section applies to the hospital and | ||||||
| 5 | medical expense
provisions of an accident or health insurance | ||||||
| 6 | policy.
| ||||||
| 7 | (b) If a policy provides that coverage of a dependent | ||||||
| 8 | person terminates
upon attainment of the limiting age for | ||||||
| 9 | dependent persons specified in the
policy, the attainment of | ||||||
| 10 | such limiting age
does not operate to terminate the hospital | ||||||
| 11 | and medical coverage of a person
who, because of a disabling | ||||||
| 12 | handicapped condition that occurred before
attainment of the | ||||||
| 13 | limiting age, is incapable of self-sustaining employment and
is | ||||||
| 14 | dependent on his or her parents or other care providers for | ||||||
| 15 | lifetime
care and supervision.
| ||||||
| 16 | (c) For purposes of subsection (b), "dependent on other | ||||||
| 17 | care providers" is
defined as requiring a Community Integrated | ||||||
| 18 | Living Arrangement, group home,
supervised apartment, or other | ||||||
| 19 | residential services licensed or certified by
the Department of | ||||||
| 20 | Human Services (as successor to the Department of Mental
Health | ||||||
| 21 | and Developmental Disabilities), the Department of Public | ||||||
| 22 | Health, or
the Department of Healthcare and Family Services | ||||||
| 23 | (formerly Department of Public Aid).
| ||||||
| 24 | (d) The insurer may inquire of the policyholder 2 months | ||||||
| 25 | prior to
attainment by a dependent of the limiting age set | ||||||
| |||||||
| |||||||
| 1 | forth in the policy, or at
any reasonable time thereafter, | ||||||
| 2 | whether such dependent is in fact a person who has a disability | ||||||
| 3 | and is dependent disabled
and dependent person and, in the | ||||||
| 4 | absence of proof submitted within 60 days of
such inquiry that | ||||||
| 5 | such dependent is a person who has a disability and is | ||||||
| 6 | dependent disabled and dependent person may
terminate coverage | ||||||
| 7 | of such person at or after attainment of the limiting age.
In | ||||||
| 8 | the absence of such inquiry, coverage of any person who has a | ||||||
| 9 | disability and is dependent disabled and dependent person
shall | ||||||
| 10 | continue through the term of such policy or any extension or | ||||||
| 11 | renewal
thereof.
| ||||||
| 12 | (e) This amendatory Act of 1969 is applicable to policies | ||||||
| 13 | issued or
renewed
more than 60 days after the effective date of | ||||||
| 14 | this amendatory Act of 1969.
| ||||||
| 15 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 16 | (215 ILCS 5/356z.2)
| ||||||
| 17 | Sec. 356z.2. Coverage for adjunctive services in dental | ||||||
| 18 | care.
| ||||||
| 19 | (a) An individual or group policy of accident and health | ||||||
| 20 | insurance
amended, delivered, issued, or renewed after the | ||||||
| 21 | effective date of this
amendatory Act of the 92nd General | ||||||
| 22 | Assembly shall cover
charges incurred, and anesthetics | ||||||
| 23 | provided, in
conjunction with dental care that is provided to a | ||||||
| 24 | covered individual in a
hospital or
an ambulatory surgical | ||||||
| 25 | treatment center
if any of the
following
applies:
| ||||||
| |||||||
| |||||||
| 1 | (1) the individual is a child age 6 or under;
| ||||||
| 2 | (2) the individual has a medical condition that | ||||||
| 3 | requires
hospitalization or general anesthesia for dental | ||||||
| 4 | care; or
| ||||||
| 5 | (3) the individual is a person with a disability | ||||||
| 6 | disabled.
| ||||||
| 7 | (b) For purposes of this Section, "ambulatory surgical | ||||||
| 8 | treatment center"
has the meaning given to that term in Section | ||||||
| 9 | 3 of the Ambulatory
Surgical Treatment Center Act.
| ||||||
| 10 | For purposes of this Section, "person with a disability | ||||||
| 11 | disabled" means a person, regardless of age,
with a chronic
| ||||||
| 12 | disability if the chronic disability meets all of the following | ||||||
| 13 | conditions:
| ||||||
| 14 | (1) It is attributable to a mental or physical | ||||||
| 15 | impairment or
combination of mental and physical | ||||||
| 16 | impairments.
| ||||||
| 17 | (2) It is likely to continue.
| ||||||
| 18 | (3) It results in substantial functional limitations | ||||||
| 19 | in one or more of
the following areas of major life | ||||||
| 20 | activity:
| ||||||
| 21 | (A) self-care;
| ||||||
| 22 | (B) receptive and expressive language;
| ||||||
| 23 | (C) learning;
| ||||||
| 24 | (D) mobility;
| ||||||
| 25 | (E) capacity for independent living; or
| ||||||
| 26 | (F) economic self-sufficiency.
| ||||||
| |||||||
| |||||||
| 1 | (c) The coverage required under this Section may be subject | ||||||
| 2 | to any
limitations, exclusions, or cost-sharing provisions | ||||||
| 3 | that apply generally under
the insurance policy.
| ||||||
| 4 | (d) This Section does not apply to a policy that covers | ||||||
| 5 | only dental care.
| ||||||
| 6 | (e) Nothing in this Section requires that the dental | ||||||
| 7 | services be
covered.
| ||||||
| 8 | (f) The provisions of this Section do not apply to | ||||||
| 9 | short-term travel,
accident-only, limited, or specified | ||||||
| 10 | disease policies, nor to policies or
contracts designed for | ||||||
| 11 | issuance to persons eligible for coverage under Title
XVIII of | ||||||
| 12 | the Social Security Act, known as Medicare, or any other | ||||||
| 13 | similar
coverage under State or federal governmental plans.
| ||||||
| 14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 15 | (215 ILCS 5/357.3) (from Ch. 73, par. 969.3)
| ||||||
| 16 | Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES: (1) After 2 | ||||||
| 17 | years from the
date of issue of this policy no misstatements, | ||||||
| 18 | except fraudulent
misstatements, made by the applicant in the | ||||||
| 19 | application for such policy
shall be used to void the policy or | ||||||
| 20 | to deny a claim for loss incurred or
disability (as defined in | ||||||
| 21 | the policy) commencing after the expiration of
such 2 year | ||||||
| 22 | period."
| ||||||
| 23 | (The foregoing policy provision shall not be so construed | ||||||
| 24 | as to affect
any legal requirement for avoidance of a policy or | ||||||
| 25 | denial of a claim during
such initial 2 year period, nor to | ||||||
| |||||||
| |||||||
| 1 | limit the application of section 357.15
through section 357.19 | ||||||
| 2 | in the event of misstatement with respect to age
or occupation | ||||||
| 3 | or other insurance.)
| ||||||
| 4 | A policy which the insured has the right to continue in | ||||||
| 5 | force subject to
its terms by the timely payment of premium (1) | ||||||
| 6 | until at least age 50 or,
(2) in the case of a policy issued | ||||||
| 7 | after age 44, for at least 5 years from
its date of issue, may | ||||||
| 8 | contain in lieu of the foregoing the following
provisions (from | ||||||
| 9 | which the clause in parentheses may be omitted at the
company's | ||||||
| 10 | option) under the caption "INCONTESTABLE":
| ||||||
| 11 | "After this policy has been in force for a period of 2 | ||||||
| 12 | years during the
lifetime of the insured (excluding any period | ||||||
| 13 | during which the insured is
a person with a disability | ||||||
| 14 | disabled), it shall become incontestable as to the statements | ||||||
| 15 | contained in
the application."
| ||||||
| 16 | (2) "No claim for loss incurred or disability (as defined | ||||||
| 17 | in the policy)
commencing after 2 years from the date of issue | ||||||
| 18 | of this policy shall be
reduced or denied on the ground that a | ||||||
| 19 | disease or physical condition not
excluded from coverage by | ||||||
| 20 | name or specific description effective on the
date of loss had | ||||||
| 21 | existed prior to the effective date of coverage of this
| ||||||
| 22 | policy."
| ||||||
| 23 | (Source: Laws 1967, p. 1735.)
| ||||||
| 24 | (215 ILCS 5/362a) (from Ch. 73, par. 974a)
| ||||||
| 25 | Sec. 362a. Non-application to certain policies. The | ||||||
| |||||||
| |||||||
| 1 | provisions of sections 356a to 359a, both inclusive, shall not
| ||||||
| 2 | apply to or affect (1) any policy of workers' compensation | ||||||
| 3 | insurance or
any policy of liability insurance with or without | ||||||
| 4 | supplementary expense
coverage therein; or (2) any policy or | ||||||
| 5 | contract of reinsurance; or (3)
any group policy of insurance | ||||||
| 6 | (unless otherwise specifically provided);
or (4) life | ||||||
| 7 | insurance, endowment or annuity contracts, or contracts
| ||||||
| 8 | supplemental thereto which contain only such provisions | ||||||
| 9 | relating to
accident and sickness insurance as (a) provide | ||||||
| 10 | additional benefits in
case of death or dismemberment or loss | ||||||
| 11 | of sight by accident, or as (b)
operate to safeguard such | ||||||
| 12 | contracts against lapse, or to give a special
surrender value | ||||||
| 13 | or special benefit or an annuity in the event that the
insured | ||||||
| 14 | or annuitant shall become a person with a total and permanent | ||||||
| 15 | disability totally and permanently disabled, as
defined by the | ||||||
| 16 | contract or supplemental contract.
| ||||||
| 17 | (Source: P.A. 81-992.)
| ||||||
| 18 | (215 ILCS 5/364) (from Ch. 73, par. 976)
| ||||||
| 19 | Sec. 364. Discrimination prohibited. Discrimination | ||||||
| 20 | between
individuals of the same class of risk in the issuance | ||||||
| 21 | of its policies
or in the amount of premiums or rates charged
| ||||||
| 22 | for any insurance covered by this article, or in the benefits
| ||||||
| 23 | payable thereon, or in any of the terms or conditions of such | ||||||
| 24 | policy, or
in any other manner whatsoever is prohibited. | ||||||
| 25 | Nothing in this provision
shall prohibit an insurer from | ||||||
| |||||||
| |||||||
| 1 | providing incentives for insureds to utilize
the services of a | ||||||
| 2 | particular hospital or person. It is hereby expressly
provided | ||||||
| 3 | that whenever the terms "physician" or "doctor" appear or are
| ||||||
| 4 | used in any way in any policy of accident or health insurance | ||||||
| 5 | issued in
this state, said terms shall include within their | ||||||
| 6 | meaning persons
licensed to practice dentistry under the | ||||||
| 7 | Illinois Dental Practice Act with
regard to benefits payable | ||||||
| 8 | for services performed by a person so
licensed, which such | ||||||
| 9 | services are within the coverage provided by the
particular | ||||||
| 10 | policy or contract of insurance and are within the
professional | ||||||
| 11 | services authorized to be performed by such person under
and in | ||||||
| 12 | accordance with the said Act.
| ||||||
| 13 | No company, in any policy of accident or health insurance | ||||||
| 14 | issued in this
State, shall make or permit any distinction or | ||||||
| 15 | discrimination against
individuals solely because of the | ||||||
| 16 | individuals' disabilities handicaps or disabilities in the | ||||||
| 17 | amount of
payment of premiums or rates charged for policies of | ||||||
| 18 | insurance, in the
amount of any dividends or other benefits | ||||||
| 19 | payable thereon, or in any other
terms and conditions of the | ||||||
| 20 | contract it makes, except where the distinction
or | ||||||
| 21 | discrimination is based on sound actuarial principles or is | ||||||
| 22 | related to
actual or reasonably anticipated experience.
| ||||||
| 23 | No company shall refuse to insure, or refuse to continue to | ||||||
| 24 | insure,
or limit the amount or extent or kind of coverage | ||||||
| 25 | available to an
individual, or charge an individual a different | ||||||
| 26 | rate for the same coverage
solely because of blindness or | ||||||
| |||||||
| |||||||
| 1 | partial blindness. With respect to all
other conditions, | ||||||
| 2 | including the underlying cause of the blindness or
partial | ||||||
| 3 | blindness, persons who are blind or partially blind shall be
| ||||||
| 4 | subject to the same standards of sound actuarial principles or | ||||||
| 5 | actual or
reasonably anticipated experience as are sighted | ||||||
| 6 | persons. Refusal to
insure includes denial by an insurer of | ||||||
| 7 | disability insurance coverage on
the grounds that the policy | ||||||
| 8 | defines "disability" as being presumed in the
event that the | ||||||
| 9 | insured loses his or her eyesight.
| ||||||
| 10 | (Source: P.A. 91-549, eff. 8-14-99.)
| ||||||
| 11 | (215 ILCS 5/367b) (from Ch. 73, par. 979b)
| ||||||
| 12 | Sec. 367b. (a) This Section applies to the hospital and | ||||||
| 13 | medical expense
provisions of a group accident or health | ||||||
| 14 | insurance policy.
| ||||||
| 15 | (b) If a policy
provides that coverage of a dependent of an | ||||||
| 16 | employee or other member of the
covered group terminates upon | ||||||
| 17 | attainment of the limiting age for dependent
persons specified | ||||||
| 18 | in the policy, the
attainment of such limiting age does not | ||||||
| 19 | operate to terminate the hospital
and medical coverage of a | ||||||
| 20 | person who, because of a disabling handicapped
condition that | ||||||
| 21 | occurred before attainment of the limiting age, is incapable of
| ||||||
| 22 | self-sustaining employment and is dependent on his or her | ||||||
| 23 | parents or other
care providers for lifetime care and | ||||||
| 24 | supervision.
| ||||||
| 25 | (c) For purposes of subsection (b), "dependent on other | ||||||
| |||||||
| |||||||
| 1 | care providers" is
defined as requiring a Community Integrated | ||||||
| 2 | Living Arrangement, group home,
supervised apartment, or other | ||||||
| 3 | residential services licensed or certified by
the Department of | ||||||
| 4 | Human Services (as successor to the Department of Mental
Health | ||||||
| 5 | and Developmental Disabilities), the Department
of Public | ||||||
| 6 | Health, or the Department of Healthcare and Family Services | ||||||
| 7 | (formerly Department of Public Aid).
| ||||||
| 8 | (d) The insurer may inquire of the person insured 2 months | ||||||
| 9 | prior to
attainment by a dependent of the limiting age set | ||||||
| 10 | forth in the policy, or
at any reasonable time thereafter, | ||||||
| 11 | whether such dependent is in fact a
person who has a disability | ||||||
| 12 | and is dependent disabled and dependent person and, in the | ||||||
| 13 | absence of proof submitted within
31 days of such inquiry that | ||||||
| 14 | such dependent is a person who has a disability and is | ||||||
| 15 | dependent disabled and dependent
person may terminate coverage | ||||||
| 16 | of such person at or after attainment of the
limiting age. In | ||||||
| 17 | the absence of such inquiry, coverage of any person who has a | ||||||
| 18 | disability and is dependent disabled and
dependent person shall | ||||||
| 19 | continue through the term of such policy or any
extension or | ||||||
| 20 | renewal.
| ||||||
| 21 | (e) This amendatory Act of 1969 is applicable to policies | ||||||
| 22 | issued or
renewed
more than 60 days after the effective date of | ||||||
| 23 | this amendatory Act of 1969.
| ||||||
| 24 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 25 | (215 ILCS 5/367i) (from Ch. 73, par. 979i)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 367i. Discontinuance and replacement of coverage. | ||||||
| 2 | Group health
insurance policies issued, amended, delivered or | ||||||
| 3 | renewed on and after the
effective date of this amendatory Act | ||||||
| 4 | of 1989, shall provide a reasonable
extension of benefits in | ||||||
| 5 | the event of total disability on the date the
policy is | ||||||
| 6 | discontinued for any reason.
| ||||||
| 7 | Any applicable extension of benefits or accrued liability | ||||||
| 8 | shall be
described in the policy and group certificate. | ||||||
| 9 | Benefits payable during any
extension of benefits may be | ||||||
| 10 | subject to the policy's regular benefit limits.
| ||||||
| 11 | Any insurer discontinuing a group health insurance policy | ||||||
| 12 | shall provide
to the policyholder for delivery to covered | ||||||
| 13 | employees or members a notice
as to the date such | ||||||
| 14 | discontinuation is to be effective and urging them to
refer to | ||||||
| 15 | their group certificates to determine what contract rights, if
| ||||||
| 16 | any, are available to them.
| ||||||
| 17 | In the event a discontinued policy is replaced by another | ||||||
| 18 | group policy,
the prior insurer or plan shall be liable only to | ||||||
| 19 | the extent of its accrued
liabilities and extension of | ||||||
| 20 | benefits. Persons eligible for coverage
under the succeeding | ||||||
| 21 | insurer's plan shall include all
employees and dependents | ||||||
| 22 | covered under the prior insurer's plan, including
individuals | ||||||
| 23 | with disabilities disabled individuals covered under the prior | ||||||
| 24 | plan but absent from work on the
effective date and thereafter. | ||||||
| 25 | The prior insurer shall provide extension of
benefits for an | ||||||
| 26 | insured's disabling condition when no coverage is available
| ||||||
| |||||||
| |||||||
| 1 | under the succeeding insurer's plan whether due to the absence | ||||||
| 2 | of coverage in
the contract or lack of required creditable | ||||||
| 3 | coverage for a preexisting
condition.
| ||||||
| 4 | The Director shall promulgate reasonable rules as | ||||||
| 5 | necessary to carry
out this Section.
| ||||||
| 6 | (Source: P.A. 91-549, eff. 8-14-99.)
| ||||||
| 7 | (215 ILCS 5/424) (from Ch. 73, par. 1031)
| ||||||
| 8 | Sec. 424. Unfair methods of competition and unfair or | ||||||
| 9 | deceptive acts or
practices defined. The following are hereby | ||||||
| 10 | defined as unfair methods of
competition and unfair and | ||||||
| 11 | deceptive acts or practices in the business of
insurance:
| ||||||
| 12 | (1) The commission by any person of any one or more of the | ||||||
| 13 | acts
defined or prohibited by Sections 134, 143.24c, 147, 148, | ||||||
| 14 | 149, 151, 155.22,
155.22a, 155.42,
236, 237, 364, and 469 of | ||||||
| 15 | this Code.
| ||||||
| 16 | (2) Entering into any agreement to commit, or by any | ||||||
| 17 | concerted
action committing, any act of boycott, coercion or | ||||||
| 18 | intimidation
resulting in or tending to result in unreasonable | ||||||
| 19 | restraint of, or
monopoly in, the business of insurance.
| ||||||
| 20 | (3) Making or permitting, in the case of insurance of the | ||||||
| 21 | types
enumerated in Classes 1, 2, and 3 of Section 4, any | ||||||
| 22 | unfair discrimination
between individuals or risks of the same | ||||||
| 23 | class or of essentially the same
hazard and expense element | ||||||
| 24 | because of the race, color, religion, or national
origin of | ||||||
| 25 | such insurance risks or applicants. The application of this | ||||||
| |||||||
| |||||||
| 1 | Article
to the types of insurance enumerated in Class 1 of | ||||||
| 2 | Section 4 shall in no way
limit, reduce, or impair the | ||||||
| 3 | protections and remedies already provided for by
Sections 236 | ||||||
| 4 | and 364 of this Code or any other provision of this Code.
| ||||||
| 5 | (4) Engaging in any of the acts or practices defined in or | ||||||
| 6 | prohibited by
Sections 154.5 through 154.8 of this Code.
| ||||||
| 7 | (5) Making or charging any rate for insurance against | ||||||
| 8 | losses arising
from the use or ownership of a motor vehicle | ||||||
| 9 | which requires a higher
premium of any person by reason of his | ||||||
| 10 | physical disability handicap, race, color,
religion, or | ||||||
| 11 | national origin.
| ||||||
| 12 | (Source: P.A. 97-527, eff. 8-23-11.)
| ||||||
| 13 | (215 ILCS 5/500-50)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
| 15 | Sec. 500-50. Insurance producers; examination statistics.
| ||||||
| 16 | (a) The use of examinations for the purpose of determining | ||||||
| 17 | qualifications of
persons
to be licensed as insurance producers | ||||||
| 18 | has a direct and far-reaching effect on
persons seeking
those | ||||||
| 19 | licenses, on insurance companies, and on the public. It is in | ||||||
| 20 | the public
interest and it will
further the public welfare to | ||||||
| 21 | insure that examinations for licensing do not
have the effect | ||||||
| 22 | of
unlawfully discriminating against applicants for licensing | ||||||
| 23 | as insurance
producers on the basis of
race, color, national | ||||||
| 24 | origin, or sex.
| ||||||
| 25 | (b) As used in this Section, the following words have the | ||||||
| |||||||
| |||||||
| 1 | meanings given in
this
subsection.
| ||||||
| 2 | Examination. "Examination" means the examination in each | ||||||
| 3 | line of insurance
administered pursuant to Section 500-30.
| ||||||
| 4 | Examinee. "Examinee" means a person who takes an | ||||||
| 5 | examination.
| ||||||
| 6 | Part. "Part" means a portion of an examination for which a | ||||||
| 7 | score is
calculated.
| ||||||
| 8 | Operational item. "Operational item" means a test question | ||||||
| 9 | considered in
determining an
examinee's score.
| ||||||
| 10 | Test form. "Test form" means the test booklet or instrument | ||||||
| 11 | used for a part
of
an
examination.
| ||||||
| 12 | Pretest item. "Pretest item" means a prospective test | ||||||
| 13 | question that is
included
in a test
form in order to assess its | ||||||
| 14 | performance, but is not considered in determining
an examinee's | ||||||
| 15 | score.
| ||||||
| 16 | Minority group or examinees. "Minority group" or "minority | ||||||
| 17 | examinees" means
examinees who are American Indian or Alaska | ||||||
| 18 | Native, Asian, Black or African American, Hispanic or Latino, | ||||||
| 19 | or Native Hawaiian or Other Pacific Islander.
| ||||||
| 20 | Correct-answer rate. "Correct-answer rate" for an item | ||||||
| 21 | means the number of
examinees
who provided the correct answer | ||||||
| 22 | on an item divided by the number of examinees
who answered
the | ||||||
| 23 | item.
| ||||||
| 24 | Correlation. "Correlation" means a statistical measure of | ||||||
| 25 | the relationship
between
performance on an item and performance | ||||||
| 26 | on a part of the examination.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Director shall ask each examinee to self-report on | ||||||
| 2 | a voluntary basis
on the
answer sheet, application form, or by | ||||||
| 3 | other appropriate means, the following
information:
| ||||||
| 4 | (1) race or ethnicity (American Indian or Alaska | ||||||
| 5 | Native, Asian, Black or African American, Hispanic or | ||||||
| 6 | Latino, Native Hawaiian or Other Pacific Islander, or | ||||||
| 7 | White);
| ||||||
| 8 | (2) education (8th grade or less; less than 12th grade; | ||||||
| 9 | high school
diploma or high school equivalency | ||||||
| 10 | certificate; some college, but no 4-year degree; or 4-year | ||||||
| 11 | degree or more); and
| ||||||
| 12 | (3) gender (male or female).
| ||||||
| 13 | The Director must advise all examinees that they are not | ||||||
| 14 | required to provide
this
information, that they will not be | ||||||
| 15 | penalized for not doing so, and that the
Director will use the
| ||||||
| 16 | information provided exclusively for research and statistical | ||||||
| 17 | purposes and to
improve the quality
and fairness of the | ||||||
| 18 | examinations.
| ||||||
| 19 | (d) No later than May 1 of each year, the Director must | ||||||
| 20 | prepare, publicly
announce,
and publish an Examination Report | ||||||
| 21 | of summary statistical information relating
to each
| ||||||
| 22 | examination administered during the preceding calendar year. | ||||||
| 23 | Each Examination
Report shall
show with respect to each | ||||||
| 24 | examination:
| ||||||
| 25 | (1) For all examinees combined and separately by race | ||||||
| 26 | or ethnicity, by
educational level, by gender, by | ||||||
| |||||||
| |||||||
| 1 | educational level within race or ethnicity, by
education
| ||||||
| 2 | level within gender, and by race or ethnicity within | ||||||
| 3 | gender:
| ||||||
| 4 | (A) number of examinees;
| ||||||
| 5 | (B) percentage and number of examinees who passed | ||||||
| 6 | each part;
| ||||||
| 7 | (C) percentage and number of examinees who passed | ||||||
| 8 | all parts;
| ||||||
| 9 | (D) mean scaled scores on each part; and
| ||||||
| 10 | (E) standard deviation of scaled scores on each | ||||||
| 11 | part.
| ||||||
| 12 | (2) For male examinees, female examinees, Black or | ||||||
| 13 | African American examinees,
white examinees, American | ||||||
| 14 | Indian or Alaska Native examinees, Asian examinees, | ||||||
| 15 | Hispanic or Latino
examinees, and Native Hawaiian or Other | ||||||
| 16 | Pacific Islander, respectively, with a high school diploma | ||||||
| 17 | or high school equivalency certificate, the distribution
| ||||||
| 18 | of scaled
scores on each part.
| ||||||
| 19 | No later than May 1 of each year, the Director must prepare | ||||||
| 20 | and make
available on
request an Item Report of summary | ||||||
| 21 | statistical information relating to each
operational item on
| ||||||
| 22 | each test form administered during the preceding calendar year. | ||||||
| 23 | The Item Report
shall show, for
each operational item, for all | ||||||
| 24 | examinees combined and separately for Black or African
American
| ||||||
| 25 | examinees, white examinees, American Indian or Alaska Native | ||||||
| 26 | examinees, Asian examinees,
Hispanic or Latino examinees, and | ||||||
| |||||||
| |||||||
| 1 | Native Hawaiian or Other Pacific Islander, the correct-answer | ||||||
| 2 | rates and correlations.
| ||||||
| 3 | The Director is not required to report separate statistical | ||||||
| 4 | information
for any group or
subgroup comprising fewer than 50 | ||||||
| 5 | examinees.
| ||||||
| 6 | (e) The Director must obtain a regular analysis of the data | ||||||
| 7 | collected under
this
Section, and any other relevant | ||||||
| 8 | information, for purposes of the development of
new test forms.
| ||||||
| 9 | The analysis shall continue the implementation of the item | ||||||
| 10 | selection
methodology as
recommended in the Final Report of the | ||||||
| 11 | Illinois Insurance Producer's Licensing
Examination
Advisory | ||||||
| 12 | Committee dated November 19, 1991, and filed with the | ||||||
| 13 | Department
unless some other
methodology is determined by the | ||||||
| 14 | Director to be as effective in minimizing
differences between
| ||||||
| 15 | white and minority examinee pass-fail rates.
| ||||||
| 16 | (f) The Director has the discretion to set cutoff scores | ||||||
| 17 | for the
examinations, provided
that scaled scores on test forms | ||||||
| 18 | administered after July 1, 1993, shall be made
comparable to
| ||||||
| 19 | scaled scores on test forms administered in 1991 by use of | ||||||
| 20 | professionally
acceptable methods so
as to minimize changes in | ||||||
| 21 | passing rates related to the presence or absence of
or changes | ||||||
| 22 | in
equating or scaling equations or methods or content | ||||||
| 23 | outlines. Each calendar
year, the scaled
cutoff score for each | ||||||
| 24 | part of each examination shall fluctuate by no more than
the | ||||||
| 25 | standard error
of measurement from the scaled cutoff score | ||||||
| 26 | employed during the preceding year.
| ||||||
| |||||||
| |||||||
| 1 | (g) No later than May 1, 2003 and no later than May 1 of | ||||||
| 2 | every fourth year
thereafter,
the Director must release to the | ||||||
| 3 | public and make generally available one
representative test | ||||||
| 4 | form
and set of answer keys for each part of each examination.
| ||||||
| 5 | (h) The Director must maintain, for a period of 3 years | ||||||
| 6 | after they are
prepared or
used, all registration forms, test | ||||||
| 7 | forms, answer sheets, operational items and
pretest items, item
| ||||||
| 8 | analyses, and other statistical analyses relating to the | ||||||
| 9 | examinations. All
personal identifying
information regarding | ||||||
| 10 | examinees and the content of test items must be
maintained | ||||||
| 11 | confidentially
as necessary for purposes of protecting the | ||||||
| 12 | personal privacy of examinees and
the maintenance of
test | ||||||
| 13 | security.
| ||||||
| 14 | (i) In administering the examinations, the Director must | ||||||
| 15 | make such
accommodations
for examinees with disabilities | ||||||
| 16 | disabled examinees as are reasonably warranted by the | ||||||
| 17 | particular disability
involved,
including the provision of | ||||||
| 18 | additional time if necessary to complete an
examination or | ||||||
| 19 | special
assistance in taking an examination. | ||||||
| 20 | (j) For the purposes of this Section:
| ||||||
| 21 | (1) "American Indian or Alaska Native" means a person | ||||||
| 22 | having origins in any of the original peoples of North and | ||||||
| 23 | South America, including Central America, and who | ||||||
| 24 | maintains tribal affiliation or community attachment. | ||||||
| 25 | (2) "Asian" means a person having origins in any of the | ||||||
| 26 | original peoples of the Far East, Southeast Asia, or the | ||||||
| |||||||
| |||||||
| 1 | Indian subcontinent, including, but not limited to, | ||||||
| 2 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 3 | the Philippine Islands, Thailand, and Vietnam. | ||||||
| 4 | (3) "Black or African American" means a person having | ||||||
| 5 | origins in any of the black racial groups of Africa. Terms | ||||||
| 6 | such as "Haitian" or "Negro" can be used in addition to | ||||||
| 7 | "Black or African American". | ||||||
| 8 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
| 9 | Mexican, Puerto Rican, South or Central American, or other | ||||||
| 10 | Spanish culture or origin, regardless of race. | ||||||
| 11 | (5) "Native Hawaiian or Other Pacific Islander" means a | ||||||
| 12 | person having origins in any of the original peoples of | ||||||
| 13 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
| 14 | (6) "White" means a person having origins in any of the | ||||||
| 15 | original peoples of Europe, the Middle East, or North | ||||||
| 16 | Africa. | ||||||
| 17 | (Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
| ||||||
| 18 | (215 ILCS 5/500-60)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
| 20 | Sec. 500-60. Temporary licensing.
| ||||||
| 21 | (a) The Director may issue a temporary insurance producer | ||||||
| 22 | license for a
period not to
exceed 180 days and, at the | ||||||
| 23 | discretion of the Director, may renew the temporary
producer | ||||||
| 24 | license
for an additional 180 days without requiring an | ||||||
| 25 | examination if the Director
deems that the
temporary license is | ||||||
| |||||||
| |||||||
| 1 | necessary for the servicing of an insurance business in
the | ||||||
| 2 | following cases:
| ||||||
| 3 | (1) to the surviving spouse or court-appointed | ||||||
| 4 | personal representative of
a
licensed insurance producer | ||||||
| 5 | who dies or becomes a person with a mental or physical | ||||||
| 6 | disability mentally or physically disabled
to
allow | ||||||
| 7 | adequate time for the sale of the insurance business owned | ||||||
| 8 | by the
producer or for
the recovery or return of the | ||||||
| 9 | producer to the business or to provide for the
training and
| ||||||
| 10 | licensing of new personnel to operate the producer's | ||||||
| 11 | business;
| ||||||
| 12 | (2) to a member or employee of a business entity | ||||||
| 13 | licensed as an insurance
producer, upon the death or | ||||||
| 14 | disability of an individual designated in the
business | ||||||
| 15 | entity
application or the license; or
| ||||||
| 16 | (3) to the designee of a licensed insurance producer | ||||||
| 17 | entering active
service in
the armed forces of the United | ||||||
| 18 | States of America.
| ||||||
| 19 | (b) The Director may by order limit the authority of any | ||||||
| 20 | temporary licensee
in any
way deemed necessary to protect | ||||||
| 21 | insureds and the public. The Director may
require the
temporary | ||||||
| 22 | licensee to have a suitable sponsor who is a licensed producer | ||||||
| 23 | or
insurer and who
assumes responsibility for all acts of the | ||||||
| 24 | temporary licensee and may impose
other similar
requirements | ||||||
| 25 | designed to protect insureds and the public. The Director may | ||||||
| 26 | by
order revoke a
temporary license if the interest of insureds | ||||||
| |||||||
| |||||||
| 1 | or the public are endangered. A
temporary license
may not | ||||||
| 2 | continue after the owner or the personal representative | ||||||
| 3 | disposes of the
business.
| ||||||
| 4 | (c) Before any temporary insurance producer license is | ||||||
| 5 | issued, there must be
filed
with the Director a written | ||||||
| 6 | application by the person desiring the license in
the form, | ||||||
| 7 | with the
supplements, and containing the information that the | ||||||
| 8 | Director requires.
License fees, as
provided for in Section | ||||||
| 9 | 500-135, must be paid upon the issuance of the original
| ||||||
| 10 | temporary
insurance producer license, but not for any renewal | ||||||
| 11 | thereof.
| ||||||
| 12 | (Source: P.A. 92-386, eff. 1-1-02.)
| ||||||
| 13 | Section 535. The Comprehensive Health Insurance Plan Act is | ||||||
| 14 | amended by changing Section 2 as follows:
| ||||||
| 15 | (215 ILCS 105/2) (from Ch. 73, par. 1302)
| ||||||
| 16 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 17 | context otherwise
requires:
| ||||||
| 18 | "Plan administrator" means the insurer or third party
| ||||||
| 19 | administrator designated under Section 5 of this Act.
| ||||||
| 20 | "Benefits plan" means the coverage to be offered by the | ||||||
| 21 | Plan to
eligible persons and federally eligible individuals | ||||||
| 22 | pursuant to this Act.
| ||||||
| 23 | "Board" means the Illinois Comprehensive Health Insurance | ||||||
| 24 | Board.
| ||||||
| |||||||
| |||||||
| 1 | "Church plan" has the same meaning given that term in the | ||||||
| 2 | federal Health
Insurance Portability and Accountability Act of | ||||||
| 3 | 1996.
| ||||||
| 4 | "Continuation coverage" means continuation of coverage | ||||||
| 5 | under a group health
plan or other health insurance coverage | ||||||
| 6 | for former employees or dependents of
former employees that | ||||||
| 7 | would otherwise have terminated under the terms of that
| ||||||
| 8 | coverage pursuant to any continuation provisions under federal | ||||||
| 9 | or State law,
including the Consolidated Omnibus Budget | ||||||
| 10 | Reconciliation Act of 1985 (COBRA),
as amended, Sections 367.2, | ||||||
| 11 | 367e, and 367e.1 of the Illinois Insurance Code, or
any
other | ||||||
| 12 | similar requirement in another State.
| ||||||
| 13 | "Covered person" means a person who is and continues to | ||||||
| 14 | remain eligible for
Plan coverage and is covered under one of | ||||||
| 15 | the benefit plans offered by the
Plan.
| ||||||
| 16 | "Creditable coverage" means, with respect to a federally | ||||||
| 17 | eligible
individual, coverage of the individual under any of | ||||||
| 18 | the following:
| ||||||
| 19 | (A) A group health plan.
| ||||||
| 20 | (B) Health insurance coverage (including group health | ||||||
| 21 | insurance coverage).
| ||||||
| 22 | (C) Medicare.
| ||||||
| 23 | (D) Medical assistance.
| ||||||
| 24 | (E) Chapter 55 of title 10, United States Code.
| ||||||
| 25 | (F) A medical care program of the Indian Health Service | ||||||
| 26 | or of a tribal
organization.
| ||||||
| |||||||
| |||||||
| 1 | (G) A state health benefits risk pool.
| ||||||
| 2 | (H) A health plan offered under Chapter 89 of title 5, | ||||||
| 3 | United States Code.
| ||||||
| 4 | (I) A public health plan (as defined in regulations | ||||||
| 5 | consistent with
Section
104 of the Health Care Portability | ||||||
| 6 | and Accountability Act of 1996 that may be
promulgated by | ||||||
| 7 | the Secretary of the U.S. Department of Health and Human
| ||||||
| 8 | Services).
| ||||||
| 9 | (J) A health benefit plan under Section 5(e) of the | ||||||
| 10 | Peace Corps Act (22
U.S.C. 2504(e)).
| ||||||
| 11 | (K) Any other qualifying coverage required by the | ||||||
| 12 | federal Health Insurance
Portability and Accountability | ||||||
| 13 | Act of 1996, as it may be amended, or
regulations under | ||||||
| 14 | that
Act.
| ||||||
| 15 | "Creditable coverage" does not include coverage consisting | ||||||
| 16 | solely of coverage
of excepted benefits, as defined in Section | ||||||
| 17 | 2791(c) of title XXVII of
the
Public Health Service Act (42 | ||||||
| 18 | U.S.C. 300 gg-91), nor does it include any
period
of coverage | ||||||
| 19 | under any of items (A) through (K) that occurred before a break | ||||||
| 20 | of
more than 90 days or, if the individual has
been certified | ||||||
| 21 | as eligible pursuant to the federal Trade Act
of 2002, a
break | ||||||
| 22 | of more than 63 days during all of which the individual was not | ||||||
| 23 | covered
under any of items (A) through (K) above.
| ||||||
| 24 | Any period that an individual is in a waiting period for
| ||||||
| 25 | any coverage under a group health plan (or for group health | ||||||
| 26 | insurance
coverage) or is in an affiliation period under the | ||||||
| |||||||
| |||||||
| 1 | terms of health insurance
coverage offered by a health | ||||||
| 2 | maintenance organization shall not be taken into
account in | ||||||
| 3 | determining if there has been a break of more than 90
days in | ||||||
| 4 | any
creditable coverage.
| ||||||
| 5 | "Department" means the Illinois Department of Insurance.
| ||||||
| 6 | "Dependent" means an Illinois resident: who is a spouse; or | ||||||
| 7 | who is claimed
as a dependent by the principal insured for | ||||||
| 8 | purposes of filing a federal income
tax return and resides in | ||||||
| 9 | the principal insured's household, and is a resident
unmarried | ||||||
| 10 | child under the age of 19 years; or who is an unmarried child | ||||||
| 11 | who
also is a full-time student under the age of 23 years and | ||||||
| 12 | who is financially
dependent upon the principal insured; or who | ||||||
| 13 | is a child of any age and who is
a person with a disability | ||||||
| 14 | disabled and financially dependent upon the
principal insured.
| ||||||
| 15 | "Direct Illinois premiums" means, for Illinois business, | ||||||
| 16 | an insurer's direct
premium income for the kinds of business | ||||||
| 17 | described in clause (b) of Class 1 or
clause (a) of Class 2 of | ||||||
| 18 | Section 4 of the Illinois Insurance Code, and direct
premium | ||||||
| 19 | income of a health maintenance organization or a voluntary | ||||||
| 20 | health
services plan, except it shall not include credit health | ||||||
| 21 | insurance as defined
in Article IX 1/2 of the Illinois | ||||||
| 22 | Insurance Code.
| ||||||
| 23 | "Director" means the Director of the Illinois Department of | ||||||
| 24 | Insurance.
| ||||||
| 25 | "Effective date of medical assistance" means the date that | ||||||
| 26 | eligibility for medical assistance for a person is approved by | ||||||
| |||||||
| |||||||
| 1 | the Department of Human Services or the Department of | ||||||
| 2 | Healthcare and Family Services, except when the Department of | ||||||
| 3 | Human Services or the Department of Healthcare and Family | ||||||
| 4 | Services determines eligibility retroactively. In such | ||||||
| 5 | circumstances, the effective date of the medical assistance is | ||||||
| 6 | the date the Department of Human Services or the Department of | ||||||
| 7 | Healthcare and Family Services determines the person to be | ||||||
| 8 | eligible for medical assistance. As it pertains to Medicare, | ||||||
| 9 | the effective date is 24 months after the entitlement date as | ||||||
| 10 | approved by the Social Security Administration, except when | ||||||
| 11 | eligibility is made retroactive to a prior date. In such | ||||||
| 12 | circumstances, the effective date of Medicare is the date on | ||||||
| 13 | the Notice of Award letter issued by the Social Security | ||||||
| 14 | Administration. | ||||||
| 15 | "Eligible person" means a resident of this State who | ||||||
| 16 | qualifies
for Plan coverage under Section 7 of this Act.
| ||||||
| 17 | "Employee" means a resident of this State who is employed | ||||||
| 18 | by an employer
or has entered into
the employment of or works | ||||||
| 19 | under contract or service of an employer
including the | ||||||
| 20 | officers, managers and employees of subsidiary or affiliated
| ||||||
| 21 | corporations and the individual proprietors, partners and | ||||||
| 22 | employees of
affiliated individuals and firms when the business | ||||||
| 23 | of the subsidiary or
affiliated corporations, firms or | ||||||
| 24 | individuals is controlled by a common
employer through stock | ||||||
| 25 | ownership, contract, or otherwise.
| ||||||
| 26 | "Employer" means any individual, partnership, association, | ||||||
| |||||||
| |||||||
| 1 | corporation,
business trust, or any person or group of persons | ||||||
| 2 | acting directly or indirectly
in the interest of an employer in | ||||||
| 3 | relation to an employee, for which one or
more
persons is | ||||||
| 4 | gainfully employed.
| ||||||
| 5 | "Family" coverage means the coverage provided by the Plan | ||||||
| 6 | for the
covered person and his or her eligible dependents who | ||||||
| 7 | also are
covered persons.
| ||||||
| 8 | "Federally eligible individual" means an individual | ||||||
| 9 | resident of this State:
| ||||||
| 10 | (1)(A) for whom, as of the date on which the individual | ||||||
| 11 | seeks Plan
coverage
under Section 15 of this Act, the | ||||||
| 12 | aggregate of the periods of creditable
coverage is 18 or | ||||||
| 13 | more months or, if the individual has been
certified as
| ||||||
| 14 | eligible pursuant to the federal Trade Act of 2002,
3 or | ||||||
| 15 | more
months, and (B) whose most recent prior creditable
| ||||||
| 16 | coverage was under group health insurance coverage offered | ||||||
| 17 | by a health
insurance issuer, a group health plan, a | ||||||
| 18 | governmental plan, or a church plan
(or
health insurance | ||||||
| 19 | coverage offered in connection with any such plans) or any
| ||||||
| 20 | other type of creditable coverage that may be required by | ||||||
| 21 | the federal Health
Insurance Portability
and | ||||||
| 22 | Accountability Act of 1996, as it may be amended, or the | ||||||
| 23 | regulations
under that Act;
| ||||||
| 24 | (2) who
is not eligible for coverage under
(A) a group | ||||||
| 25 | health plan
(other than an individual who has been | ||||||
| 26 | certified as eligible
pursuant to the federal Trade Act of | ||||||
| |||||||
| |||||||
| 1 | 2002), (B)
part
A or part B of Medicare due to age
(other | ||||||
| 2 | than an individual who has been certified as eligible
| ||||||
| 3 | pursuant to the federal Trade Act of 2002), or (C) medical | ||||||
| 4 | assistance, and
does not
have other
health insurance | ||||||
| 5 | coverage (other than an individual who has been certified | ||||||
| 6 | as
eligible pursuant to the federal Trade Act of 2002);
| ||||||
| 7 | (3) with respect to whom (other than an individual who | ||||||
| 8 | has been
certified as eligible pursuant to the federal | ||||||
| 9 | Trade Act of 2002) the most
recent coverage within the | ||||||
| 10 | coverage
period
described in paragraph (1)(A) of this | ||||||
| 11 | definition was not terminated
based upon a factor relating | ||||||
| 12 | to nonpayment of premiums or fraud;
| ||||||
| 13 | (4) if the individual (other than an individual who has
| ||||||
| 14 | been certified
as eligible pursuant to the federal Trade | ||||||
| 15 | Act
of 2002)
had been offered the option of continuation
| ||||||
| 16 | coverage
under a COBRA continuation provision or under a | ||||||
| 17 | similar State program, who
elected such coverage; and
| ||||||
| 18 | (5) who, if the individual elected such continuation | ||||||
| 19 | coverage, has
exhausted
such continuation coverage under | ||||||
| 20 | such provision or program.
| ||||||
| 21 | However, an individual who has been certified as
eligible
| ||||||
| 22 | pursuant to the
federal Trade Act of 2002
shall not be required | ||||||
| 23 | to elect
continuation
coverage under a COBRA continuation | ||||||
| 24 | provision or under a similar state
program.
| ||||||
| 25 | "Group health insurance coverage" means, in connection | ||||||
| 26 | with a group health
plan, health insurance coverage offered in | ||||||
| |||||||
| |||||||
| 1 | connection with that plan.
| ||||||
| 2 | "Group health plan" has the same meaning given that term in | ||||||
| 3 | the federal
Health
Insurance Portability and Accountability | ||||||
| 4 | Act of 1996.
| ||||||
| 5 | "Governmental plan" has the same meaning given that term in | ||||||
| 6 | the federal
Health
Insurance Portability and Accountability | ||||||
| 7 | Act of 1996.
| ||||||
| 8 | "Health insurance coverage" means benefits consisting of | ||||||
| 9 | medical care
(provided directly, through insurance or | ||||||
| 10 | reimbursement, or otherwise and
including items and services | ||||||
| 11 | paid for as medical care) under any hospital and
medical | ||||||
| 12 | expense-incurred policy,
certificate, or
contract provided by | ||||||
| 13 | an insurer, non-profit health care service plan
contract, | ||||||
| 14 | health maintenance organization or other subscriber contract, | ||||||
| 15 | or
any other health care plan or arrangement that pays for or | ||||||
| 16 | furnishes
medical or health care services whether by
insurance | ||||||
| 17 | or otherwise. Health insurance coverage shall not include short
| ||||||
| 18 | term,
accident only,
disability income, hospital confinement | ||||||
| 19 | or fixed indemnity, dental only,
vision only, limited benefit, | ||||||
| 20 | or credit
insurance, coverage issued as a supplement to | ||||||
| 21 | liability insurance,
insurance arising out of a workers' | ||||||
| 22 | compensation or similar law, automobile
medical-payment | ||||||
| 23 | insurance, or insurance under which benefits are payable
with | ||||||
| 24 | or without regard to fault and which is statutorily required to | ||||||
| 25 | be
contained in any liability insurance policy or equivalent | ||||||
| 26 | self-insurance.
| ||||||
| |||||||
| |||||||
| 1 | "Health insurance issuer" means an insurance company, | ||||||
| 2 | insurance service,
or insurance organization (including a | ||||||
| 3 | health maintenance organization and a
voluntary health | ||||||
| 4 | services plan) that is authorized to transact health
insurance
| ||||||
| 5 | business in this State. Such term does not include a group | ||||||
| 6 | health plan.
| ||||||
| 7 | "Health Maintenance Organization" means an organization as
| ||||||
| 8 | defined in the Health Maintenance Organization Act.
| ||||||
| 9 | "Hospice" means a program as defined in and licensed under | ||||||
| 10 | the
Hospice Program Licensing Act.
| ||||||
| 11 | "Hospital" means a duly licensed institution as defined in | ||||||
| 12 | the
Hospital Licensing Act,
an institution that meets all | ||||||
| 13 | comparable conditions and requirements in
effect in the state | ||||||
| 14 | in which it is located, or the University of Illinois
Hospital | ||||||
| 15 | as defined in the University of Illinois Hospital Act.
| ||||||
| 16 | "Individual health insurance coverage" means health | ||||||
| 17 | insurance coverage
offered to individuals in the individual | ||||||
| 18 | market, but does not include
short-term, limited-duration | ||||||
| 19 | insurance.
| ||||||
| 20 | "Insured" means any individual resident of this State who | ||||||
| 21 | is
eligible to receive benefits from any insurer (including | ||||||
| 22 | health insurance
coverage offered in connection with a group | ||||||
| 23 | health plan) or health
insurance issuer as
defined in this | ||||||
| 24 | Section.
| ||||||
| 25 | "Insurer" means any insurance company authorized to | ||||||
| 26 | transact health
insurance business in this State and any | ||||||
| |||||||
| |||||||
| 1 | corporation that provides medical
services and is organized | ||||||
| 2 | under the Voluntary Health Services Plans Act or
the Health | ||||||
| 3 | Maintenance Organization
Act.
| ||||||
| 4 | "Medical assistance" means the State medical assistance or | ||||||
| 5 | medical
assistance no grant (MANG) programs provided under
| ||||||
| 6 | Title XIX of the Social Security Act and
Articles V (Medical | ||||||
| 7 | Assistance) and VI (General Assistance) of the Illinois
Public | ||||||
| 8 | Aid Code (or any successor program) or under any
similar | ||||||
| 9 | program of health care benefits in a state other than Illinois.
| ||||||
| 10 | "Medically necessary" means that a service, drug, or supply | ||||||
| 11 | is
necessary and appropriate for the diagnosis or treatment of | ||||||
| 12 | an illness or
injury in accord with generally accepted | ||||||
| 13 | standards of medical practice at
the time the service, drug, or | ||||||
| 14 | supply is provided. When specifically
applied to a confinement | ||||||
| 15 | it further means that the diagnosis or treatment
of the covered | ||||||
| 16 | person's medical symptoms or condition cannot be
safely
| ||||||
| 17 | provided to that person as an outpatient. A service, drug, or | ||||||
| 18 | supply shall
not be medically necessary if it: (i) is | ||||||
| 19 | investigational, experimental, or
for research purposes; or | ||||||
| 20 | (ii) is provided solely for the convenience of
the patient, the | ||||||
| 21 | patient's family, physician, hospital, or any other
provider; | ||||||
| 22 | or (iii) exceeds in scope, duration, or intensity that level of
| ||||||
| 23 | care that is needed to provide safe, adequate, and appropriate | ||||||
| 24 | diagnosis or
treatment; or (iv) could have been omitted without | ||||||
| 25 | adversely affecting the
covered person's condition or the | ||||||
| 26 | quality of medical care; or
(v) involves
the use of a medical | ||||||
| |||||||
| |||||||
| 1 | device, drug, or substance not formally approved by
the United | ||||||
| 2 | States Food and Drug Administration.
| ||||||
| 3 | "Medical care" means the ordinary and usual professional | ||||||
| 4 | services rendered
by a physician or other specified provider | ||||||
| 5 | during a professional visit for
treatment of an illness or | ||||||
| 6 | injury.
| ||||||
| 7 | "Medicare" means coverage under both Part A and Part B of | ||||||
| 8 | Title XVIII of
the Social Security
Act, 42 U.S.C. Sec. 1395, et | ||||||
| 9 | seq.
| ||||||
| 10 | "Minimum premium plan" means an arrangement whereby a | ||||||
| 11 | specified
amount of health care claims is self-funded, but the | ||||||
| 12 | insurance company
assumes the risk that claims will exceed that | ||||||
| 13 | amount.
| ||||||
| 14 | "Participating transplant center" means a hospital | ||||||
| 15 | designated by the
Board as a preferred or exclusive provider of | ||||||
| 16 | services for one or more
specified human organ or tissue | ||||||
| 17 | transplants for which the hospital has
signed an agreement with | ||||||
| 18 | the Board to accept a transplant payment allowance
for all | ||||||
| 19 | expenses related to the transplant during a transplant benefit | ||||||
| 20 | period.
| ||||||
| 21 | "Physician" means a person licensed to practice medicine | ||||||
| 22 | pursuant to
the Medical Practice Act of 1987.
| ||||||
| 23 | "Plan" means the Comprehensive Health Insurance Plan
| ||||||
| 24 | established by this Act.
| ||||||
| 25 | "Plan of operation" means the plan of operation of the
| ||||||
| 26 | Plan, including articles, bylaws and operating rules, adopted | ||||||
| |||||||
| |||||||
| 1 | by the board
pursuant to this Act.
| ||||||
| 2 | "Provider" means any hospital, skilled nursing facility, | ||||||
| 3 | hospice, home
health agency, physician, registered pharmacist | ||||||
| 4 | acting within the scope of that
registration, or any other | ||||||
| 5 | person or entity licensed in Illinois to furnish
medical care.
| ||||||
| 6 | "Qualified high risk pool" has the same meaning given that | ||||||
| 7 | term in the
federal Health
Insurance Portability and | ||||||
| 8 | Accountability Act of 1996.
| ||||||
| 9 | "Resident" means a person who is and continues to be | ||||||
| 10 | legally domiciled
and physically residing on a permanent and | ||||||
| 11 | full-time basis in a
place of permanent habitation
in this | ||||||
| 12 | State
that remains that person's principal residence and from | ||||||
| 13 | which that person is
absent only for temporary or transitory | ||||||
| 14 | purpose.
| ||||||
| 15 | "Skilled nursing facility" means a facility or that portion | ||||||
| 16 | of a facility
that is licensed by the Illinois Department of | ||||||
| 17 | Public Health under the
Nursing Home Care Act or a comparable | ||||||
| 18 | licensing authority in another state
to provide skilled nursing | ||||||
| 19 | care.
| ||||||
| 20 | "Stop-loss coverage" means an arrangement whereby an | ||||||
| 21 | insurer
insures against the risk that any one claim will exceed | ||||||
| 22 | a specific dollar
amount or that the entire loss of a | ||||||
| 23 | self-insurance plan will exceed
a specific amount.
| ||||||
| 24 | "Third party administrator" means an administrator as | ||||||
| 25 | defined in
Section 511.101 of the Illinois Insurance Code who | ||||||
| 26 | is licensed under
Article XXXI 1/4 of that Code.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-346, eff. 8-12-11.)
| ||||||
| 2 | Section 540. The Health Maintenance Organization Act is | ||||||
| 3 | amended by changing Section 4-9.1 as follows:
| ||||||
| 4 | (215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)
| ||||||
| 5 | Sec. 4-9.1. Dependent Coverage Termination.
| ||||||
| 6 | (a) The attainment of a limiting age under a group contract | ||||||
| 7 | or
evidence of coverage which provides that coverage of a | ||||||
| 8 | dependent person of
an enrollee shall terminate upon attainment | ||||||
| 9 | of the limiting age for
dependent persons does
not operate to | ||||||
| 10 | terminate the coverage of a person who, because
of a disabling | ||||||
| 11 | handicapped condition that occurred before attainment of the | ||||||
| 12 | limiting age,
is incapable of self-sustaining employment and is | ||||||
| 13 | dependent on his
or her
parents or other care providers for | ||||||
| 14 | lifetime care and supervision.
| ||||||
| 15 | (b) For purposes of subsection (a), "dependent on other | ||||||
| 16 | care providers" is
defined as requiring a Community Integrated | ||||||
| 17 | Living Arrangement, group home,
supervised apartment, or other | ||||||
| 18 | residential services licensed or certified by
the Department of | ||||||
| 19 | Human Services (as successor to the Department of Mental
Health | ||||||
| 20 | and Developmental Disabilities), the Department
of Public | ||||||
| 21 | Health, or the Department of Healthcare and Family Services | ||||||
| 22 | (formerly Department of Public Aid).
| ||||||
| 23 | (c) Proof of such incapacity and dependency shall be | ||||||
| 24 | furnished to the health
maintenance organization by the | ||||||
| |||||||
| |||||||
| 1 | enrollee within
31 days of a request for the
information by the | ||||||
| 2 | health maintenance organization and subsequently as may
be | ||||||
| 3 | required by the health maintenance organization, but not more | ||||||
| 4 | frequently
than annually. In the absence of proof submitted | ||||||
| 5 | within 31 days of such
inquiry that such dependent is a person | ||||||
| 6 | who has a disability and is dependent disabled and dependent | ||||||
| 7 | person, the health
maintenance organization may terminate | ||||||
| 8 | coverage of such person at or
after attainment of the limiting | ||||||
| 9 | age. In the absence of such inquiry,
coverage of any person who | ||||||
| 10 | has a disability and is a dependent disabled and dependent | ||||||
| 11 | person shall continue through the
term of the group contract or | ||||||
| 12 | evidence of coverage or any extension or
renewal thereof.
| ||||||
| 13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 14 | Section 545. The Viatical Settlements Act of 2009 is | ||||||
| 15 | amended by changing Section 50 as follows:
| ||||||
| 16 | (215 ILCS 159/50)
| ||||||
| 17 | Sec. 50. Prohibited practices. | ||||||
| 18 | (a) It is a violation of this Act for any person to enter | ||||||
| 19 | into a viatical settlement contract prior to the application of | ||||||
| 20 | or issuance of a policy that is the subject of the viatical | ||||||
| 21 | settlement contract. It is a violation of this Act for any | ||||||
| 22 | person to enter into stranger-originated life insurance or | ||||||
| 23 | STOLI as defined by this Act. | ||||||
| 24 | (b) It is a violation of this Act for any person to enter | ||||||
| |||||||
| |||||||
| 1 | into a viatical
settlement contract within a 2-year period | ||||||
| 2 | commencing with the date of issuance of the insurance policy | ||||||
| 3 | unless the viator certifies to the viatical settlement provider | ||||||
| 4 | that one or more of the following conditions have been met | ||||||
| 5 | within the 2-year period: | ||||||
| 6 | (1) The policy was issued upon the viator's exercise of | ||||||
| 7 | conversion rights arising out of a group or individual | ||||||
| 8 | policy, provided the total of the time covered under the | ||||||
| 9 | conversion policy plus the time covered under the prior | ||||||
| 10 | policy is at least 24 months. The time covered under a | ||||||
| 11 | group policy shall be calculated without regard to any | ||||||
| 12 | change in insurance carriers, provided the coverage has | ||||||
| 13 | been continuous and under the same group sponsorship. | ||||||
| 14 | (2) The viator certifies and submits independent | ||||||
| 15 | evidence to the viatical settlement provider that one or | ||||||
| 16 | more of the following conditions have been met within the | ||||||
| 17 | 2-year period: | ||||||
| 18 | (A) the viator or insured is terminally or | ||||||
| 19 | chronically ill; | ||||||
| 20 | (B) the viator's spouse dies; | ||||||
| 21 | (C) the viator divorces his or her spouse; | ||||||
| 22 | (D) the viator retires from full-time employment; | ||||||
| 23 | (E) the viator becomes a person with a physical or | ||||||
| 24 | mental disability physically or mentally disabled and | ||||||
| 25 | a physician determines that the disability prevents | ||||||
| 26 | the viator from maintaining full-time employment; | ||||||
| |||||||
| |||||||
| 1 | (F) a court of competent jurisdiction enters a | ||||||
| 2 | final order, judgment, or decree on the application of | ||||||
| 3 | a creditor of the viator, adjudicating the viator | ||||||
| 4 | bankrupt or insolvent, or approving a petition seeking | ||||||
| 5 | reorganization of the viator or appointing a receiver, | ||||||
| 6 | trustee, or liquidator to all or a substantial part of | ||||||
| 7 | the viator's assets; | ||||||
| 8 | (G) the sole beneficiary of the policy is a family | ||||||
| 9 | member of the viator and the beneficiary dies; or | ||||||
| 10 | (H) any other condition that the Director may
| ||||||
| 11 | determine by regulation to be an extraordinary | ||||||
| 12 | circumstance for the
viator or the insured. | ||||||
| 13 | (c) Copies of the independent evidence described in | ||||||
| 14 | paragraph (2) of subsection (b) of this Section and documents | ||||||
| 15 | required by Section 45 shall be submitted to the insurer when | ||||||
| 16 | the viatical settlement provider or any other party entering | ||||||
| 17 | into a viatical settlement contract with a viator submits a | ||||||
| 18 | request to the insurer for verification of coverage. The copies | ||||||
| 19 | shall be accompanied by a letter of attestation from the | ||||||
| 20 | viatical settlement provider that the copies are true and | ||||||
| 21 | correct copies of the documents received by the viatical | ||||||
| 22 | settlement provider. | ||||||
| 23 | (d) If the viatical settlement provider submits to the | ||||||
| 24 | insurer a copy of the owner or insured's certification | ||||||
| 25 | described in and the independent evidence required by paragraph | ||||||
| 26 | (2) of subsection (b) of this Section when the viatical | ||||||
| |||||||
| |||||||
| 1 | settlement provider submits a request to the insurer to effect | ||||||
| 2 | the transfer of the policy to the viatical settlement provider, | ||||||
| 3 | then the copy shall be deemed to conclusively establish that | ||||||
| 4 | the viatical settlement contract satisfies the requirements of | ||||||
| 5 | this Section, and the insurer shall timely respond to the | ||||||
| 6 | request. | ||||||
| 7 | (e) No insurer may, as a condition of responding to a | ||||||
| 8 | request for verification of coverage or effecting the transfer | ||||||
| 9 | of a policy pursuant to a viatical settlement contract, require | ||||||
| 10 | that the viator, insured, viatical settlement provider, or | ||||||
| 11 | viatical settlement broker sign any forms, disclosures, | ||||||
| 12 | consent, or waiver form that has not been expressly approved by | ||||||
| 13 | the Director for use in connection with viatical settlement | ||||||
| 14 | contracts in this State. | ||||||
| 15 | (f) Upon receipt of a properly completed request for change | ||||||
| 16 | of ownership or beneficiary of a policy, the insurer shall | ||||||
| 17 | respond in writing within 30 calendar days to confirm that the | ||||||
| 18 | change has been effected or specifying the reasons why the | ||||||
| 19 | requested change cannot be processed. No insurer shall | ||||||
| 20 | unreasonably delay effecting change of ownership or | ||||||
| 21 | beneficiary or seek to interfere with any viatical settlement | ||||||
| 22 | contract lawfully entered into in this State.
| ||||||
| 23 | (Source: P.A. 96-736, eff. 7-1-10.)
| ||||||
| 24 | Section 550. The Voluntary Health Services Plans Act is | ||||||
| 25 | amended by changing Section 15a as follows:
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 165/15a) (from Ch. 32, par. 609a)
| ||||||
| 2 | Sec. 15a. Dependent Coverage Termination.
| ||||||
| 3 | (a) The attainment of a limiting age under a voluntary | ||||||
| 4 | health services
plan which provides that coverage of
a | ||||||
| 5 | dependent of a subscriber terminates upon attainment of the | ||||||
| 6 | limiting age
for dependent persons specified in the | ||||||
| 7 | subscription certificate does not
operate to terminate
the | ||||||
| 8 | coverage of a person who, because of a disabling handicapped | ||||||
| 9 | condition
that occurred before attainment of the limiting age, | ||||||
| 10 | is incapable of
self-sustaining employment and is dependent on | ||||||
| 11 | his or her parents or other
care providers for lifetime care | ||||||
| 12 | and supervision.
| ||||||
| 13 | (b) For purposes of subsection (a), "dependent on other | ||||||
| 14 | care providers" is
defined as requiring a Community Integrated | ||||||
| 15 | Living Arrangement, group home,
supervised apartment, or other | ||||||
| 16 | residential services licensed or certified by
the Department of | ||||||
| 17 | Human Services (as successor to the Department of Mental
Health | ||||||
| 18 | and Developmental Disabilities), the Department
of Public | ||||||
| 19 | Health, or the Department of Healthcare and Family Services | ||||||
| 20 | (formerly Department of Public Aid).
| ||||||
| 21 | (c) The corporation may require, at reasonable intervals | ||||||
| 22 | from the date
of the first claim filed on behalf of the person | ||||||
| 23 | with a disability who is dependent disabled and dependent | ||||||
| 24 | person or from
the date the corporation receives notice of a | ||||||
| 25 | covered person's disability and
dependency, proof of the | ||||||
| |||||||
| |||||||
| 1 | person's disability and dependency.
| ||||||
| 2 | (d) This amendatory Act of 1969 is applicable to | ||||||
| 3 | subscription
certificates
issued or renewed after October 27, | ||||||
| 4 | 1969.
| ||||||
| 5 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 6 | Section 555. The Public Utilities Act is amended by | ||||||
| 7 | changing Sections 13-703 and 16-108.5 as follows:
| ||||||
| 8 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
| 9 | (Section scheduled to be repealed on July 1, 2015)
| ||||||
| 10 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
| 11 | a program
whereby each telecommunications carrier providing | ||||||
| 12 | local exchange service
shall provide a telecommunications | ||||||
| 13 | device capable of servicing the needs of
those persons with a | ||||||
| 14 | hearing or speech disability together with a
single party line, | ||||||
| 15 | at no charge additional to the basic exchange rate, to
any | ||||||
| 16 | subscriber who is certified as having a hearing or speech | ||||||
| 17 | disability by a
licensed physician, speech-language | ||||||
| 18 | pathologist, audiologist or a qualified
State agency and to any | ||||||
| 19 | subscriber which is an organization serving the needs
of those | ||||||
| 20 | persons with a hearing or speech disability as determined and
| ||||||
| 21 | specified by the Commission pursuant to subsection (d).
| ||||||
| 22 | (b) The Commission shall design and implement a program, | ||||||
| 23 | whereby each
telecommunications carrier providing local | ||||||
| 24 | exchange service shall provide a
telecommunications relay | ||||||
| |||||||
| |||||||
| 1 | system, using third party intervention to connect
those persons | ||||||
| 2 | having a hearing or speech disability with persons of normal
| ||||||
| 3 | hearing by way of intercommunications devices and the telephone | ||||||
| 4 | system, making
available reasonable access to all phases of | ||||||
| 5 | public telephone service to
persons who have a hearing or | ||||||
| 6 | speech disability. In order to design a
telecommunications | ||||||
| 7 | relay system which will meet the requirements of those
persons | ||||||
| 8 | with a hearing or speech disability available at a reasonable | ||||||
| 9 | cost, the
Commission shall initiate an investigation and | ||||||
| 10 | conduct public hearings to
determine the most cost-effective | ||||||
| 11 | method of providing telecommunications relay
service to those | ||||||
| 12 | persons who have a hearing or speech disability when using
| ||||||
| 13 | telecommunications devices and therein solicit the advice, | ||||||
| 14 | counsel, and
physical assistance of Statewide nonprofit | ||||||
| 15 | consumer organizations that serve
persons with hearing or | ||||||
| 16 | speech disabilities in such hearings and during the
development | ||||||
| 17 | and implementation of the system. The Commission shall phase
in | ||||||
| 18 | this program, on a geographical basis, as soon as is | ||||||
| 19 | practicable, but
no later than June 30, 1990.
| ||||||
| 20 | (c) The Commission shall establish a rate recovery | ||||||
| 21 | mechanism,
authorizing charges in an amount to be determined by | ||||||
| 22 | the Commission
for each line of a subscriber to allow | ||||||
| 23 | telecommunications carriers
providing local exchange service | ||||||
| 24 | to recover costs as they are incurred
under this Section.
| ||||||
| 25 | (d) The Commission shall determine and specify those | ||||||
| 26 | organizations serving
the needs of those persons having a | ||||||
| |||||||
| |||||||
| 1 | hearing or speech disability that shall
receive a | ||||||
| 2 | telecommunications device and in which offices the equipment | ||||||
| 3 | shall be
installed in the case of an organization having more | ||||||
| 4 | than one office. For the
purposes of this Section, | ||||||
| 5 | "organizations serving the needs of those persons
with hearing | ||||||
| 6 | or speech disabilities" means centers for independent living as
| ||||||
| 7 | described in Section 12a of the Rehabilitation of Persons with | ||||||
| 8 | Disabilities Disabled Persons Rehabilitation Act and
| ||||||
| 9 | not-for-profit organizations whose primary purpose is serving | ||||||
| 10 | the needs of
those persons with hearing or speech disabilities. | ||||||
| 11 | The Commission shall direct
the telecommunications carriers | ||||||
| 12 | subject to its jurisdiction and this
Section to comply with its | ||||||
| 13 | determinations and specifications in this regard.
| ||||||
| 14 | (e) As used in this Section, the phrase "telecommunications | ||||||
| 15 | carrier
providing local exchange service" includes, without | ||||||
| 16 | otherwise limiting the
meaning of the term, telecommunications | ||||||
| 17 | carriers which are purely mutual
concerns, having no rates or | ||||||
| 18 | charges for services, but paying the operating
expenses by | ||||||
| 19 | assessment upon the members of such a company and no other
| ||||||
| 20 | person.
| ||||||
| 21 | (f) Interconnected VoIP service providers in Illinois | ||||||
| 22 | shall collect and remit assessments determined in accordance | ||||||
| 23 | with this Section in a competitively neutral manner in the same | ||||||
| 24 | manner as a telecommunications carrier providing local | ||||||
| 25 | exchange service. Interconnected VoIP services shall not be | ||||||
| 26 | considered an intrastate telecommunications service for the | ||||||
| |||||||
| |||||||
| 1 | purposes of this Section in a manner inconsistent with federal | ||||||
| 2 | law or Federal Communications Commission regulation. | ||||||
| 3 | (g) The provisions of this Section are severable under | ||||||
| 4 | Section 1.31 of the Statute on Statutes. | ||||||
| 5 | (Source: P.A. 96-927, eff. 6-15-10.)
| ||||||
| 6 | (220 ILCS 5/16-108.5) | ||||||
| 7 | Sec. 16-108.5. Infrastructure investment and | ||||||
| 8 | modernization; regulatory reform. | ||||||
| 9 | (a) (Blank). | ||||||
| 10 | (b) For purposes of this Section, "participating utility" | ||||||
| 11 | means an electric utility or a combination utility serving more | ||||||
| 12 | than 1,000,000 customers in Illinois that voluntarily elects | ||||||
| 13 | and commits to undertake (i) the infrastructure investment | ||||||
| 14 | program consisting of the commitments and obligations | ||||||
| 15 | described in this subsection (b) and (ii) the customer | ||||||
| 16 | assistance program consisting of the commitments and | ||||||
| 17 | obligations described in subsection (b-10) of this Section, | ||||||
| 18 | notwithstanding any other provisions of this Act and without | ||||||
| 19 | obtaining any approvals from the Commission or any other agency | ||||||
| 20 | other than as set forth in this Section, regardless of whether | ||||||
| 21 | any such approval would otherwise be required. "Combination | ||||||
| 22 | utility" means a utility that, as of January 1, 2011, provided | ||||||
| 23 | electric service to at least one million retail customers in | ||||||
| 24 | Illinois and gas service to at least 500,000 retail customers | ||||||
| 25 | in Illinois. A participating utility shall recover the | ||||||
| |||||||
| |||||||
| 1 | expenditures made under the infrastructure investment program | ||||||
| 2 | through the ratemaking process, including, but not limited to, | ||||||
| 3 | the performance-based formula rate and process set forth in | ||||||
| 4 | this Section. | ||||||
| 5 | During the infrastructure investment program's peak | ||||||
| 6 | program year, a participating utility other than a combination | ||||||
| 7 | utility shall create 2,000 full-time equivalent jobs in | ||||||
| 8 | Illinois, and a participating utility that is a combination | ||||||
| 9 | utility shall create 450 full-time equivalent jobs in Illinois | ||||||
| 10 | related to the provision of electric service. These jobs shall | ||||||
| 11 | include direct jobs, contractor positions, and induced jobs, | ||||||
| 12 | but shall not include any portion of a job commitment, not | ||||||
| 13 | specifically contingent on an amendatory Act of the 97th | ||||||
| 14 | General Assembly becoming law, between a participating utility | ||||||
| 15 | and a labor union that existed on the effective date of this | ||||||
| 16 | amendatory Act of the 97th General Assembly and that has not | ||||||
| 17 | yet been fulfilled. A portion of the full-time equivalent jobs | ||||||
| 18 | created by each participating utility shall include | ||||||
| 19 | incremental personnel hired subsequent to the effective date of | ||||||
| 20 | this amendatory Act of the 97th General Assembly. For purposes | ||||||
| 21 | of this Section, "peak program year" means the consecutive | ||||||
| 22 | 12-month period with the highest number of full-time equivalent | ||||||
| 23 | jobs that occurs between the beginning of investment year 2 and | ||||||
| 24 | the end of investment year 4. | ||||||
| 25 | A participating utility shall meet one of the following | ||||||
| 26 | commitments, as applicable: | ||||||
| |||||||
| |||||||
| 1 | (1) Beginning no later than 180 days after a | ||||||
| 2 | participating utility other than a combination utility | ||||||
| 3 | files a performance-based formula rate tariff pursuant to | ||||||
| 4 | subsection (c) of this Section, or, beginning no later than | ||||||
| 5 | January 1, 2012 if such utility files such | ||||||
| 6 | performance-based formula rate tariff within 14 days of the | ||||||
| 7 | effective date of this amendatory Act of the 97th General | ||||||
| 8 | Assembly, the participating utility shall, except as | ||||||
| 9 | provided in subsection (b-5): | ||||||
| 10 | (A) over a 5-year period, invest an estimated | ||||||
| 11 | $1,300,000,000 in electric system upgrades, | ||||||
| 12 | modernization projects, and training facilities, | ||||||
| 13 | including, but not limited to: | ||||||
| 14 | (i) distribution infrastructure improvements | ||||||
| 15 | totaling an estimated $1,000,000,000, including | ||||||
| 16 | underground residential distribution cable | ||||||
| 17 | injection and replacement and mainline cable | ||||||
| 18 | system refurbishment and replacement projects; | ||||||
| 19 | (ii) training facility construction or upgrade | ||||||
| 20 | projects totaling an estimated $10,000,000, | ||||||
| 21 | provided that, at a minimum, one such facility | ||||||
| 22 | shall be located in a municipality having a | ||||||
| 23 | population of more than 2 million residents and one | ||||||
| 24 | such facility shall be located in a municipality | ||||||
| 25 | having a population of more than 150,000 residents | ||||||
| 26 | but fewer than 170,000 residents; any such new | ||||||
| |||||||
| |||||||
| 1 | facility located in a municipality having a | ||||||
| 2 | population of more than 2 million residents must be | ||||||
| 3 | designed for the purpose of obtaining, and the | ||||||
| 4 | owner of the facility shall apply for, | ||||||
| 5 | certification under the United States Green | ||||||
| 6 | Building Council's Leadership in Energy Efficiency | ||||||
| 7 | Design Green Building Rating System; | ||||||
| 8 | (iii) wood pole inspection, treatment, and | ||||||
| 9 | replacement programs; | ||||||
| 10 | (iv) an estimated $200,000,000 for reducing | ||||||
| 11 | the susceptibility of certain circuits to | ||||||
| 12 | storm-related damage, including, but not limited | ||||||
| 13 | to, high winds, thunderstorms, and ice storms; | ||||||
| 14 | improvements may include, but are not limited to, | ||||||
| 15 | overhead to underground conversion and other | ||||||
| 16 | engineered outcomes for circuits; the | ||||||
| 17 | participating utility shall prioritize the | ||||||
| 18 | selection of circuits based on each circuit's | ||||||
| 19 | historical susceptibility to storm-related damage | ||||||
| 20 | and the ability to provide the greatest customer | ||||||
| 21 | benefit upon completion of the improvements; to be | ||||||
| 22 | eligible for improvement, the participating | ||||||
| 23 | utility's ability to maintain proper tree | ||||||
| 24 | clearances surrounding the overhead circuit must | ||||||
| 25 | not have
been impeded by third parties; and | ||||||
| 26 | (B) over a 10-year period, invest an estimated | ||||||
| |||||||
| |||||||
| 1 | $1,300,000,000 to upgrade and modernize its | ||||||
| 2 | transmission and distribution infrastructure and in | ||||||
| 3 | Smart Grid electric system upgrades, including, but | ||||||
| 4 | not limited to: | ||||||
| 5 | (i) additional smart meters; | ||||||
| 6 | (ii) distribution automation; | ||||||
| 7 | (iii) associated cyber secure data | ||||||
| 8 | communication network; and | ||||||
| 9 | (iv) substation micro-processor relay | ||||||
| 10 | upgrades. | ||||||
| 11 | (2) Beginning no later than 180 days after a | ||||||
| 12 | participating utility that is a combination utility files a | ||||||
| 13 | performance-based formula rate tariff pursuant to | ||||||
| 14 | subsection (c) of this Section, or, beginning no later than | ||||||
| 15 | January 1, 2012 if such utility files such | ||||||
| 16 | performance-based formula rate tariff within 14 days of the | ||||||
| 17 | effective date of this amendatory Act of the 97th General | ||||||
| 18 | Assembly, the participating utility shall, except as | ||||||
| 19 | provided in subsection (b-5): | ||||||
| 20 | (A) over a 10-year period, invest an estimated | ||||||
| 21 | $265,000,000 in electric system upgrades, | ||||||
| 22 | modernization projects, and training facilities, | ||||||
| 23 | including, but not limited to: | ||||||
| 24 | (i) distribution infrastructure improvements | ||||||
| 25 | totaling an estimated $245,000,000, which may | ||||||
| 26 | include bulk supply substations, transformers, | ||||||
| |||||||
| |||||||
| 1 | reconductoring, and rebuilding overhead | ||||||
| 2 | distribution and sub-transmission lines, | ||||||
| 3 | underground residential distribution cable | ||||||
| 4 | injection and replacement and mainline cable | ||||||
| 5 | system refurbishment and replacement projects; | ||||||
| 6 | (ii) training facility construction or upgrade | ||||||
| 7 | projects totaling an estimated $1,000,000; any | ||||||
| 8 | such new facility must be designed for the purpose | ||||||
| 9 | of obtaining, and the owner of the facility shall | ||||||
| 10 | apply for, certification under the United States | ||||||
| 11 | Green Building Council's Leadership in Energy | ||||||
| 12 | Efficiency Design Green Building Rating System; | ||||||
| 13 | and | ||||||
| 14 | (iii) wood pole inspection, treatment, and | ||||||
| 15 | replacement programs; and | ||||||
| 16 | (B) over a 10-year period, invest an estimated | ||||||
| 17 | $360,000,000 to upgrade and modernize its transmission | ||||||
| 18 | and distribution infrastructure and in Smart Grid | ||||||
| 19 | electric system upgrades, including, but not limited | ||||||
| 20 | to: | ||||||
| 21 | (i) additional smart meters; | ||||||
| 22 | (ii) distribution automation; | ||||||
| 23 | (iii) associated cyber secure data | ||||||
| 24 | communication network; and | ||||||
| 25 | (iv) substation micro-processor relay | ||||||
| 26 | upgrades. | ||||||
| |||||||
| |||||||
| 1 | For purposes of this Section, "Smart Grid electric system | ||||||
| 2 | upgrades" shall have the meaning set forth in subsection (a) of | ||||||
| 3 | Section 16-108.6 of this Act. | ||||||
| 4 | The investments in the infrastructure investment program | ||||||
| 5 | described in this subsection (b) shall be incremental to the | ||||||
| 6 | participating utility's annual capital investment program, as | ||||||
| 7 | defined by, for purposes of this subsection (b), the | ||||||
| 8 | participating utility's average capital spend for calendar | ||||||
| 9 | years 2008, 2009, and 2010 as reported in the applicable | ||||||
| 10 | Federal Energy Regulatory Commission (FERC) Form 1; provided | ||||||
| 11 | that where one or more utilities have merged, the average | ||||||
| 12 | capital spend shall be determined using the aggregate of the | ||||||
| 13 | merged utilities' capital spend reported in FERC Form 1 for the | ||||||
| 14 | years 2008, 2009, and 2010. A participating utility may add | ||||||
| 15 | reasonable construction ramp-up and ramp-down time to the | ||||||
| 16 | investment periods specified in this subsection (b). For each | ||||||
| 17 | such investment period, the ramp-up and ramp-down time shall | ||||||
| 18 | not exceed a total of 6 months. | ||||||
| 19 | Within 60 days after filing a tariff under subsection (c) | ||||||
| 20 | of this Section, a participating utility shall submit to the | ||||||
| 21 | Commission its plan, including scope, schedule, and staffing, | ||||||
| 22 | for satisfying its infrastructure investment program | ||||||
| 23 | commitments pursuant to this subsection (b). The submitted plan | ||||||
| 24 | shall include a schedule and staffing plan for the next | ||||||
| 25 | calendar year. The plan shall also include a plan for the | ||||||
| 26 | creation, operation, and administration of a Smart Grid test | ||||||
| |||||||
| |||||||
| 1 | bed as described in subsection (c) of Section 16-108.8. The | ||||||
| 2 | plan need not allocate the work equally over the respective | ||||||
| 3 | periods, but should allocate material increments throughout | ||||||
| 4 | such periods commensurate with the work to be undertaken. No | ||||||
| 5 | later than April 1 of each subsequent year, the utility shall | ||||||
| 6 | submit to the Commission a report that includes any updates to | ||||||
| 7 | the plan, a schedule for the next calendar year, the | ||||||
| 8 | expenditures made for the prior calendar year and cumulatively, | ||||||
| 9 | and the number of full-time equivalent jobs created for the | ||||||
| 10 | prior calendar year and cumulatively. If the utility is | ||||||
| 11 | materially deficient in satisfying a schedule or staffing plan, | ||||||
| 12 | then the report must also include a corrective action plan to | ||||||
| 13 | address the deficiency. The fact that the plan, implementation | ||||||
| 14 | of the plan, or a schedule changes shall not imply the | ||||||
| 15 | imprudence or unreasonableness of the infrastructure | ||||||
| 16 | investment program, plan, or schedule. Further, no later than | ||||||
| 17 | 45 days following the last day of the first, second, and third | ||||||
| 18 | quarters of each year of the plan, a participating utility | ||||||
| 19 | shall submit to the Commission a verified quarterly report for | ||||||
| 20 | the prior quarter that includes (i) the total number of | ||||||
| 21 | full-time equivalent jobs created during the prior quarter, | ||||||
| 22 | (ii) the total number of employees as of the last day of the | ||||||
| 23 | prior quarter, (iii) the total number of full-time equivalent | ||||||
| 24 | hours in each job classification or job title, (iv) the total | ||||||
| 25 | number of incremental employees and contractors in support of | ||||||
| 26 | the investments undertaken pursuant to this subsection (b) for | ||||||
| |||||||
| |||||||
| 1 | the prior quarter, and (v) any other information that the | ||||||
| 2 | Commission may require by rule. | ||||||
| 3 | With respect to the participating utility's peak job | ||||||
| 4 | commitment, if, after considering the utility's corrective | ||||||
| 5 | action plan and compliance thereunder, the Commission enters an | ||||||
| 6 | order finding, after notice and hearing, that a participating | ||||||
| 7 | utility did not satisfy its peak job commitment described in | ||||||
| 8 | this subsection (b) for reasons that are reasonably within its | ||||||
| 9 | control, then the Commission shall also determine, after | ||||||
| 10 | consideration of the evidence, including, but not limited to, | ||||||
| 11 | evidence submitted by the Department of Commerce and Economic | ||||||
| 12 | Opportunity and the utility, the deficiency in the number of | ||||||
| 13 | full-time equivalent jobs during the peak program year due to | ||||||
| 14 | such failure. The Commission shall notify the Department of any | ||||||
| 15 | proceeding that is initiated pursuant to this paragraph. For | ||||||
| 16 | each full-time equivalent job deficiency during the peak | ||||||
| 17 | program year that the Commission finds as set forth in this | ||||||
| 18 | paragraph, the participating utility shall, within 30 days | ||||||
| 19 | after the entry of the Commission's order, pay $6,000 to a fund | ||||||
| 20 | for training grants administered under Section 605-800 of The | ||||||
| 21 | Department of Commerce and Economic Opportunity Law, which | ||||||
| 22 | shall not be a recoverable expense. | ||||||
| 23 | With respect to the participating utility's investment | ||||||
| 24 | amount commitments, if, after considering the utility's | ||||||
| 25 | corrective action plan and compliance thereunder, the | ||||||
| 26 | Commission enters an order finding, after notice and hearing, | ||||||
| |||||||
| |||||||
| 1 | that a participating utility is not satisfying its investment | ||||||
| 2 | amount commitments described in this subsection (b), then the | ||||||
| 3 | utility shall no longer be eligible to annually update the | ||||||
| 4 | performance-based formula rate tariff pursuant to subsection | ||||||
| 5 | (d) of this Section. In such event, the then current rates | ||||||
| 6 | shall remain in effect until such time as new rates are set | ||||||
| 7 | pursuant to Article IX of this Act, subject to retroactive | ||||||
| 8 | adjustment, with interest, to reconcile rates charged with | ||||||
| 9 | actual costs. | ||||||
| 10 | If the Commission finds that a participating utility is no | ||||||
| 11 | longer eligible to update the performance-based formula rate | ||||||
| 12 | tariff pursuant to subsection (d) of this Section, or the | ||||||
| 13 | performance-based formula rate is otherwise terminated, then | ||||||
| 14 | the participating utility's voluntary commitments and | ||||||
| 15 | obligations under this subsection (b) shall immediately | ||||||
| 16 | terminate, except for the utility's obligation to pay an amount | ||||||
| 17 | already owed to the fund for training grants pursuant to a | ||||||
| 18 | Commission order. | ||||||
| 19 | In meeting the obligations of this subsection (b), to the | ||||||
| 20 | extent feasible and consistent with State and federal law, the | ||||||
| 21 | investments under the infrastructure investment program should | ||||||
| 22 | provide employment opportunities for all segments of the | ||||||
| 23 | population and workforce, including minority-owned and | ||||||
| 24 | female-owned business enterprises, and shall not, consistent | ||||||
| 25 | with State and federal law, discriminate based on race or | ||||||
| 26 | socioeconomic status. | ||||||
| |||||||
| |||||||
| 1 | (b-5) Nothing in this Section shall prohibit the Commission | ||||||
| 2 | from investigating the prudence and reasonableness of the | ||||||
| 3 | expenditures made under the infrastructure investment program | ||||||
| 4 | during the annual review required by subsection (d) of this | ||||||
| 5 | Section and shall, as part of such investigation, determine | ||||||
| 6 | whether the utility's actual costs under the program are | ||||||
| 7 | prudent and reasonable. The fact that a participating utility | ||||||
| 8 | invests more than the minimum amounts specified in subsection | ||||||
| 9 | (b) of this Section or its plan shall not imply imprudence or | ||||||
| 10 | unreasonableness. | ||||||
| 11 | If the participating utility finds that it is implementing | ||||||
| 12 | its plan for satisfying the infrastructure investment program | ||||||
| 13 | commitments described in subsection (b) of this Section at a | ||||||
| 14 | cost below the estimated amounts specified in subsection (b) of | ||||||
| 15 | this Section, then the utility may file a petition with the | ||||||
| 16 | Commission requesting that it be permitted to satisfy its | ||||||
| 17 | commitments by spending less than the estimated amounts | ||||||
| 18 | specified in subsection (b) of this Section. The Commission | ||||||
| 19 | shall, after notice and hearing, enter its order approving, or | ||||||
| 20 | approving as modified, or denying each such petition within 150 | ||||||
| 21 | days after the filing of the petition. | ||||||
| 22 | In no event, absent General Assembly approval, shall the | ||||||
| 23 | capital investment costs incurred by a participating utility | ||||||
| 24 | other than a combination utility in satisfying its | ||||||
| 25 | infrastructure investment program commitments described in | ||||||
| 26 | subsection (b) of this Section exceed $3,000,000,000 or, for a | ||||||
| |||||||
| |||||||
| 1 | participating utility that is a combination utility, | ||||||
| 2 | $720,000,000. If the participating utility's updated cost | ||||||
| 3 | estimates for satisfying its infrastructure investment program | ||||||
| 4 | commitments described in subsection (b) of this Section exceed | ||||||
| 5 | the limitation imposed by this subsection (b-5), then it shall | ||||||
| 6 | submit a report to the Commission that identifies the increased | ||||||
| 7 | costs and explains the reason or reasons for the increased | ||||||
| 8 | costs no later than the year in which the utility estimates it | ||||||
| 9 | will exceed the limitation. The Commission shall review the | ||||||
| 10 | report and shall, within 90 days after the participating | ||||||
| 11 | utility files the report, report to the General Assembly its | ||||||
| 12 | findings regarding the participating utility's report. If the | ||||||
| 13 | General Assembly does not amend the limitation imposed by this | ||||||
| 14 | subsection (b-5), then the utility may modify its plan so as | ||||||
| 15 | not to exceed the limitation imposed by this subsection (b-5) | ||||||
| 16 | and may propose corresponding changes to the metrics | ||||||
| 17 | established pursuant to subparagraphs (5) through (8) of | ||||||
| 18 | subsection (f) of this Section, and the Commission may modify | ||||||
| 19 | the metrics and incremental savings goals established pursuant | ||||||
| 20 | to subsection (f) of this Section accordingly. | ||||||
| 21 | (b-10) All participating utilities shall make | ||||||
| 22 | contributions for an energy low-income and support program in | ||||||
| 23 | accordance with this subsection. Beginning no later than 180 | ||||||
| 24 | days after a participating utility files a performance-based | ||||||
| 25 | formula rate tariff pursuant to subsection (c) of this Section, | ||||||
| 26 | or beginning no later than January 1, 2012 if such utility | ||||||
| |||||||
| |||||||
| 1 | files such performance-based formula rate tariff within 14 days | ||||||
| 2 | of the effective date of this amendatory Act of the 97th | ||||||
| 3 | General Assembly, and without obtaining any approvals from the | ||||||
| 4 | Commission or any other agency other than as set forth in this | ||||||
| 5 | Section, regardless of whether any such approval would | ||||||
| 6 | otherwise be required, a participating utility other than a | ||||||
| 7 | combination utility shall pay $10,000,000 per year for 5 years | ||||||
| 8 | and a participating utility that is a combination utility shall | ||||||
| 9 | pay $1,000,000 per year for 10 years to the energy low-income | ||||||
| 10 | and support program, which is intended to fund customer | ||||||
| 11 | assistance programs with the primary purpose being avoidance of
| ||||||
| 12 | imminent disconnection. Such programs may include: | ||||||
| 13 | (1) a residential hardship program that may partner | ||||||
| 14 | with community-based
organizations, including senior | ||||||
| 15 | citizen organizations, and provides grants to low-income | ||||||
| 16 | residential customers, including low-income senior | ||||||
| 17 | citizens, who demonstrate a hardship; | ||||||
| 18 | (2) a program that provides grants and other bill | ||||||
| 19 | payment concessions to veterans with disabilities disabled | ||||||
| 20 | veterans who demonstrate a hardship and members of the | ||||||
| 21 | armed services or reserve forces of the United States or | ||||||
| 22 | members of the Illinois National Guard who are on active | ||||||
| 23 | duty pursuant to an executive order of the President of the | ||||||
| 24 | United States, an act of the Congress of the United States, | ||||||
| 25 | or an order of the Governor and who demonstrate a
hardship; | ||||||
| 26 | (3) a budget assistance program that provides tools and | ||||||
| |||||||
| |||||||
| 1 | education to low-income senior citizens to assist them with | ||||||
| 2 | obtaining information regarding energy usage and
effective | ||||||
| 3 | means of managing energy costs; | ||||||
| 4 | (4) a non-residential special hardship program that | ||||||
| 5 | provides grants to non-residential customers such as small | ||||||
| 6 | businesses and non-profit organizations that demonstrate a | ||||||
| 7 | hardship, including those providing services to senior | ||||||
| 8 | citizen and low-income customers; and | ||||||
| 9 | (5) a performance-based assistance program that | ||||||
| 10 | provides grants to encourage residential customers to make | ||||||
| 11 | on-time payments by matching a portion of the customer's | ||||||
| 12 | payments or providing credits towards arrearages. | ||||||
| 13 | The payments made by a participating utility pursuant to | ||||||
| 14 | this subsection (b-10) shall not be a recoverable expense. A | ||||||
| 15 | participating utility may elect to fund either new or existing | ||||||
| 16 | customer assistance programs, including, but not limited to, | ||||||
| 17 | those that are administered by the utility. | ||||||
| 18 | Programs that use funds that are provided by a | ||||||
| 19 | participating utility to reduce utility bills may be | ||||||
| 20 | implemented through tariffs that are filed with and reviewed by | ||||||
| 21 | the Commission. If a utility elects to file tariffs with the | ||||||
| 22 | Commission to implement all or a portion of the programs, those | ||||||
| 23 | tariffs shall, regardless of the date actually filed, be deemed | ||||||
| 24 | accepted and approved, and shall become effective on the | ||||||
| 25 | effective date of this amendatory Act of the 97th General | ||||||
| 26 | Assembly. The participating utilities whose customers benefit | ||||||
| |||||||
| |||||||
| 1 | from the funds that are disbursed as contemplated in this | ||||||
| 2 | Section shall file annual reports documenting the disbursement | ||||||
| 3 | of those funds with the Commission. The Commission has the | ||||||
| 4 | authority to audit disbursement of the funds to ensure they | ||||||
| 5 | were disbursed consistently with this Section. | ||||||
| 6 | If the Commission finds that a participating utility is no | ||||||
| 7 | longer eligible to update the performance-based formula rate | ||||||
| 8 | tariff pursuant to subsection (d) of this Section, or the | ||||||
| 9 | performance-based formula rate is otherwise terminated, then | ||||||
| 10 | the participating utility's voluntary commitments and | ||||||
| 11 | obligations under this subsection (b-10) shall immediately | ||||||
| 12 | terminate. | ||||||
| 13 | (c) A participating utility may elect to recover its | ||||||
| 14 | delivery services costs through a performance-based formula | ||||||
| 15 | rate approved by the Commission, which shall specify the cost | ||||||
| 16 | components that form the basis of the rate charged to customers | ||||||
| 17 | with sufficient specificity to operate in a standardized manner | ||||||
| 18 | and be updated annually with transparent information that | ||||||
| 19 | reflects the utility's actual costs to be recovered during the | ||||||
| 20 | applicable rate year, which is the period beginning with the | ||||||
| 21 | first billing day of January and extending through the last | ||||||
| 22 | billing day of the following December. In the event the utility | ||||||
| 23 | recovers a portion of its costs through automatic adjustment | ||||||
| 24 | clause tariffs on the effective date of this amendatory Act of | ||||||
| 25 | the 97th General Assembly, the utility may elect to continue to | ||||||
| 26 | recover these costs through such tariffs, but then these costs | ||||||
| |||||||
| |||||||
| 1 | shall not be recovered through the performance-based formula | ||||||
| 2 | rate. In the event the participating utility, prior to the | ||||||
| 3 | effective date of this amendatory Act of the 97th General | ||||||
| 4 | Assembly, filed electric delivery services tariffs with the | ||||||
| 5 | Commission pursuant to Section 9-201 of this Act that are | ||||||
| 6 | related to the recovery of its electric delivery services costs | ||||||
| 7 | that are still pending on the effective date of this amendatory | ||||||
| 8 | Act of the 97th General Assembly, the participating utility | ||||||
| 9 | shall, at the time it files its performance-based formula rate | ||||||
| 10 | tariff with the Commission, also file a notice of withdrawal | ||||||
| 11 | with the Commission to withdraw the electric delivery services | ||||||
| 12 | tariffs previously filed pursuant to Section 9-201 of this Act. | ||||||
| 13 | Upon receipt of such notice, the Commission shall dismiss with | ||||||
| 14 | prejudice any docket that had been initiated to investigate the | ||||||
| 15 | electric delivery services tariffs filed pursuant to Section | ||||||
| 16 | 9-201 of this Act, and such tariffs and the record related | ||||||
| 17 | thereto shall not be the subject of any further hearing, | ||||||
| 18 | investigation, or proceeding of any kind related to rates for | ||||||
| 19 | electric delivery services. | ||||||
| 20 | The performance-based formula rate shall be implemented | ||||||
| 21 | through a tariff filed with the Commission consistent with the | ||||||
| 22 | provisions of this subsection (c) that shall be applicable to | ||||||
| 23 | all delivery services customers. The Commission shall initiate | ||||||
| 24 | and conduct an investigation of the tariff in a manner | ||||||
| 25 | consistent with the provisions of this subsection (c) and the | ||||||
| 26 | provisions of Article IX of this Act to the extent they do not | ||||||
| |||||||
| |||||||
| 1 | conflict with this subsection (c). Except in the case where the | ||||||
| 2 | Commission finds, after notice and hearing, that a | ||||||
| 3 | participating utility is not satisfying its investment amount | ||||||
| 4 | commitments under subsection (b) of this Section, the | ||||||
| 5 | performance-based formula rate shall remain in effect at the | ||||||
| 6 | discretion of the utility. The performance-based formula rate | ||||||
| 7 | approved by the Commission shall do the following: | ||||||
| 8 | (1) Provide for the recovery of the utility's actual | ||||||
| 9 | costs of delivery services that are prudently incurred and | ||||||
| 10 | reasonable in amount consistent with Commission practice | ||||||
| 11 | and law. The sole fact that a cost differs from that | ||||||
| 12 | incurred in a prior calendar year or that an investment is | ||||||
| 13 | different from that made in a prior calendar year shall not | ||||||
| 14 | imply the imprudence or unreasonableness of that cost or | ||||||
| 15 | investment. | ||||||
| 16 | (2) Reflect the utility's actual year-end capital | ||||||
| 17 | structure for the applicable calendar year, excluding | ||||||
| 18 | goodwill, subject to a determination of prudence and | ||||||
| 19 | reasonableness consistent with Commission practice and | ||||||
| 20 | law. | ||||||
| 21 | (3) Include a cost of equity, which shall be calculated | ||||||
| 22 | as the sum of the following: | ||||||
| 23 | (A) the average for the applicable calendar year of | ||||||
| 24 | the monthly average yields of 30-year U.S. Treasury | ||||||
| 25 | bonds published by the Board of Governors of the | ||||||
| 26 | Federal Reserve System in its weekly H.15 Statistical | ||||||
| |||||||
| |||||||
| 1 | Release or successor publication; and | ||||||
| 2 | (B) 580 basis points. | ||||||
| 3 | At such time as the Board of Governors of the Federal | ||||||
| 4 | Reserve System ceases to include the monthly average yields | ||||||
| 5 | of 30-year U.S. Treasury bonds in its weekly H.15 | ||||||
| 6 | Statistical Release or successor publication, the monthly | ||||||
| 7 | average yields of the U.S. Treasury bonds then having the | ||||||
| 8 | longest duration published by the Board of Governors in its | ||||||
| 9 | weekly H.15 Statistical Release or successor publication | ||||||
| 10 | shall instead be used for purposes of this paragraph (3). | ||||||
| 11 | (4) Permit and set forth protocols, subject to a | ||||||
| 12 | determination of prudence and reasonableness consistent | ||||||
| 13 | with Commission practice and law, for the following: | ||||||
| 14 | (A) recovery of incentive compensation expense | ||||||
| 15 | that is based on the achievement of operational | ||||||
| 16 | metrics, including metrics related to budget controls, | ||||||
| 17 | outage duration and frequency, safety, customer | ||||||
| 18 | service, efficiency and productivity, and | ||||||
| 19 | environmental compliance. Incentive compensation | ||||||
| 20 | expense that is based on net income or an affiliate's | ||||||
| 21 | earnings per share shall not be recoverable under the | ||||||
| 22 | performance-based formula rate; | ||||||
| 23 | (B) recovery of pension and other post-employment | ||||||
| 24 | benefits expense, provided that such costs are | ||||||
| 25 | supported by an actuarial study; | ||||||
| 26 | (C) recovery of severance costs, provided that if | ||||||
| |||||||
| |||||||
| 1 | the amount is over $3,700,000 for a participating | ||||||
| 2 | utility that is a combination utility or $10,000,000 | ||||||
| 3 | for a participating utility that serves more than 3 | ||||||
| 4 | million retail customers, then the full amount shall be | ||||||
| 5 | amortized consistent with subparagraph (F) of this | ||||||
| 6 | paragraph (4); | ||||||
| 7 | (D) investment return at a rate equal to the | ||||||
| 8 | utility's weighted average cost of long-term debt, on | ||||||
| 9 | the pension assets as, and in the amount, reported in | ||||||
| 10 | Account 186 (or in such other Account or Accounts as | ||||||
| 11 | such asset may subsequently be recorded) of the | ||||||
| 12 | utility's most recently filed FERC Form 1, net of | ||||||
| 13 | deferred tax benefits; | ||||||
| 14 | (E) recovery of the expenses related to the | ||||||
| 15 | Commission proceeding under this subsection (c) to | ||||||
| 16 | approve this performance-based formula rate and | ||||||
| 17 | initial rates or to subsequent proceedings related to | ||||||
| 18 | the formula, provided that the recovery shall be | ||||||
| 19 | amortized over a 3-year period; recovery of expenses | ||||||
| 20 | related to the annual Commission proceedings under | ||||||
| 21 | subsection (d) of this Section to review the inputs to | ||||||
| 22 | the performance-based formula rate shall be expensed | ||||||
| 23 | and recovered through the performance-based formula | ||||||
| 24 | rate; | ||||||
| 25 | (F) amortization over a 5-year period of the full | ||||||
| 26 | amount of each charge or credit that exceeds $3,700,000 | ||||||
| |||||||
| |||||||
| 1 | for a participating utility that is a combination | ||||||
| 2 | utility or $10,000,000 for a participating utility | ||||||
| 3 | that serves more than 3 million retail customers in the | ||||||
| 4 | applicable calendar year and that relates to a | ||||||
| 5 | workforce reduction program's severance costs, changes | ||||||
| 6 | in accounting rules, changes in law, compliance with | ||||||
| 7 | any Commission-initiated audit, or a single storm or | ||||||
| 8 | other similar expense, provided that any unamortized | ||||||
| 9 | balance shall be reflected in rate base. For purposes | ||||||
| 10 | of this subparagraph (F), changes in law includes any | ||||||
| 11 | enactment, repeal, or amendment in a law, ordinance, | ||||||
| 12 | rule, regulation, interpretation, permit, license, | ||||||
| 13 | consent, or order, including those relating to taxes, | ||||||
| 14 | accounting, or to environmental matters, or in the | ||||||
| 15 | interpretation or application thereof by any | ||||||
| 16 | governmental authority occurring after the effective | ||||||
| 17 | date of this amendatory Act of the 97th General | ||||||
| 18 | Assembly; | ||||||
| 19 | (G) recovery of existing regulatory assets over | ||||||
| 20 | the periods previously authorized by the Commission; | ||||||
| 21 | (H) historical weather normalized billing | ||||||
| 22 | determinants; and | ||||||
| 23 | (I) allocation methods for common costs. | ||||||
| 24 | (5) Provide that if the participating utility's earned | ||||||
| 25 | rate of return on common equity related to the provision of | ||||||
| 26 | delivery services for the prior rate year (calculated using | ||||||
| |||||||
| |||||||
| 1 | costs and capital structure approved by the Commission as | ||||||
| 2 | provided in subparagraph (2) of this subsection (c), | ||||||
| 3 | consistent with this Section, in accordance with | ||||||
| 4 | Commission rules and orders, including, but not limited to, | ||||||
| 5 | adjustments for goodwill, and after any Commission-ordered | ||||||
| 6 | disallowances and taxes) is more than 50 basis points | ||||||
| 7 | higher than the rate of return on common equity calculated | ||||||
| 8 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 9 | adjusting for any penalties to the rate of return on common | ||||||
| 10 | equity applied pursuant to the performance metrics | ||||||
| 11 | provision of subsection (f) of this Section), then the | ||||||
| 12 | participating utility shall apply a credit through the | ||||||
| 13 | performance-based formula rate that reflects an amount | ||||||
| 14 | equal to the value of that portion of the earned rate of | ||||||
| 15 | return on common equity that is more than 50 basis points | ||||||
| 16 | higher than the rate of return on common equity calculated | ||||||
| 17 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 18 | adjusting for any penalties to the rate of return on common | ||||||
| 19 | equity applied pursuant to the performance metrics | ||||||
| 20 | provision of subsection (f) of this Section) for the prior | ||||||
| 21 | rate year, adjusted for taxes. If the participating | ||||||
| 22 | utility's earned rate of return on common equity related to | ||||||
| 23 | the provision of delivery services for the prior rate year | ||||||
| 24 | (calculated using costs and capital structure approved by | ||||||
| 25 | the Commission as provided in subparagraph (2) of this | ||||||
| 26 | subsection (c), consistent with this Section, in | ||||||
| |||||||
| |||||||
| 1 | accordance with Commission rules and orders, including, | ||||||
| 2 | but not limited to, adjustments for goodwill, and after any | ||||||
| 3 | Commission-ordered disallowances and taxes) is more than | ||||||
| 4 | 50 basis points less than the return on common equity | ||||||
| 5 | calculated pursuant to paragraph (3) of this subsection (c) | ||||||
| 6 | (after adjusting for any penalties to the rate of return on | ||||||
| 7 | common equity applied pursuant to the performance metrics | ||||||
| 8 | provision of subsection (f) of this Section), then the | ||||||
| 9 | participating utility shall apply a charge through the | ||||||
| 10 | performance-based formula rate that reflects an amount | ||||||
| 11 | equal to the value of that portion of the earned rate of | ||||||
| 12 | return on common equity that is more than 50 basis points | ||||||
| 13 | less than the rate of return on common equity calculated | ||||||
| 14 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 15 | adjusting for any penalties to the rate of return on common | ||||||
| 16 | equity applied pursuant to the performance metrics | ||||||
| 17 | provision of subsection (f) of this Section) for the prior | ||||||
| 18 | rate year, adjusted for taxes. | ||||||
| 19 | (6) Provide for an annual reconciliation, as described | ||||||
| 20 | in subsection (d) of this Section, with interest, of the | ||||||
| 21 | revenue requirement reflected in rates for each calendar | ||||||
| 22 | year, beginning with the calendar year in which the utility | ||||||
| 23 | files its performance-based formula rate tariff pursuant | ||||||
| 24 | to subsection (c) of this Section, with what the revenue | ||||||
| 25 | requirement would have been had the actual cost information | ||||||
| 26 | for the applicable calendar year been available at the | ||||||
| |||||||
| |||||||
| 1 | filing date. | ||||||
| 2 | The utility shall file, together with its tariff, final | ||||||
| 3 | data based on its most recently filed FERC Form 1, plus | ||||||
| 4 | projected plant additions and correspondingly updated | ||||||
| 5 | depreciation reserve and expense for the calendar year in which | ||||||
| 6 | the tariff and data are filed, that shall populate the | ||||||
| 7 | performance-based formula rate and set the initial delivery | ||||||
| 8 | services rates under the formula. For purposes of this Section, | ||||||
| 9 | "FERC Form 1" means the Annual Report of Major Electric | ||||||
| 10 | Utilities, Licensees and Others that electric utilities are | ||||||
| 11 | required to file with the Federal Energy Regulatory Commission | ||||||
| 12 | under the Federal Power Act, Sections 3, 4(a), 304 and 209, | ||||||
| 13 | modified as necessary to be consistent with 83 Ill. Admin. Code | ||||||
| 14 | Part 415 as of May 1, 2011. Nothing in this Section is intended | ||||||
| 15 | to allow costs that are not otherwise recoverable to be | ||||||
| 16 | recoverable by virtue of inclusion in FERC Form 1. | ||||||
| 17 | After the utility files its proposed performance-based | ||||||
| 18 | formula rate structure and protocols and initial rates, the | ||||||
| 19 | Commission shall initiate a docket to review the filing. The | ||||||
| 20 | Commission shall enter an order approving, or approving as | ||||||
| 21 | modified, the performance-based formula rate, including the | ||||||
| 22 | initial rates, as just and reasonable within 270 days after the | ||||||
| 23 | date on which the tariff was filed, or, if the tariff is filed | ||||||
| 24 | within 14 days after the effective date of this amendatory Act | ||||||
| 25 | of the 97th General Assembly, then by May 31, 2012. Such review | ||||||
| 26 | shall be based on the same evidentiary standards, including, | ||||||
| |||||||
| |||||||
| 1 | but not limited to, those concerning the prudence and | ||||||
| 2 | reasonableness of the costs incurred by the utility, the | ||||||
| 3 | Commission applies in a hearing to review a filing for a | ||||||
| 4 | general increase in rates under Article IX of this Act. The | ||||||
| 5 | initial rates shall take effect within 30 days after the | ||||||
| 6 | Commission's order approving the performance-based formula | ||||||
| 7 | rate tariff. | ||||||
| 8 | Until such time as the Commission approves a different rate | ||||||
| 9 | design and cost allocation pursuant to subsection (e) of this | ||||||
| 10 | Section, rate design and cost allocation across customer | ||||||
| 11 | classes shall be consistent with the Commission's most recent | ||||||
| 12 | order regarding the participating utility's request for a | ||||||
| 13 | general increase in its delivery services rates. | ||||||
| 14 | Subsequent changes to the performance-based formula rate | ||||||
| 15 | structure or protocols shall be made as set forth in Section | ||||||
| 16 | 9-201 of this Act, but nothing in this subsection (c) is | ||||||
| 17 | intended to limit the Commission's authority under Article IX | ||||||
| 18 | and other provisions of this Act to initiate an investigation | ||||||
| 19 | of a participating utility's performance-based formula rate | ||||||
| 20 | tariff, provided that any such changes shall be consistent with | ||||||
| 21 | paragraphs (1) through (6) of this subsection (c). Any change | ||||||
| 22 | ordered by the Commission shall be made at the same time new | ||||||
| 23 | rates take effect following the Commission's next order | ||||||
| 24 | pursuant to subsection (d) of this Section, provided that the | ||||||
| 25 | new rates take effect no less than 30 days after the date on | ||||||
| 26 | which the Commission issues an order adopting the change. | ||||||
| |||||||
| |||||||
| 1 | A participating utility that files a tariff pursuant to | ||||||
| 2 | this subsection (c) must submit a one-time $200,000 filing fee | ||||||
| 3 | at the time the Chief Clerk of the Commission accepts the | ||||||
| 4 | filing, which shall be a recoverable expense. | ||||||
| 5 | In the event the performance-based formula rate is | ||||||
| 6 | terminated, the then current rates shall remain in effect until | ||||||
| 7 | such time as new rates are set pursuant to Article IX of this | ||||||
| 8 | Act, subject to retroactive rate adjustment, with interest, to | ||||||
| 9 | reconcile rates charged with actual costs. At such time that | ||||||
| 10 | the performance-based formula rate is terminated, the | ||||||
| 11 | participating utility's voluntary commitments and obligations | ||||||
| 12 | under subsection (b) of this Section shall immediately | ||||||
| 13 | terminate, except for the utility's obligation to pay an amount | ||||||
| 14 | already owed to the fund for training grants pursuant to a | ||||||
| 15 | Commission order issued under subsection (b) of this Section. | ||||||
| 16 | (d) Subsequent to the Commission's issuance of an order | ||||||
| 17 | approving the utility's performance-based formula rate | ||||||
| 18 | structure and protocols, and initial rates under subsection (c) | ||||||
| 19 | of this Section, the utility shall file, on or before May 1 of | ||||||
| 20 | each year, with the Chief Clerk of the Commission its updated | ||||||
| 21 | cost inputs to the performance-based formula rate for the | ||||||
| 22 | applicable rate year and the corresponding new charges. Each | ||||||
| 23 | such filing shall conform to the following requirements and | ||||||
| 24 | include the following information: | ||||||
| 25 | (1) The inputs to the performance-based formula rate | ||||||
| 26 | for the applicable rate year shall be based on final | ||||||
| |||||||
| |||||||
| 1 | historical data reflected in the utility's most recently | ||||||
| 2 | filed annual FERC Form 1 plus projected plant additions and | ||||||
| 3 | correspondingly updated depreciation reserve and expense | ||||||
| 4 | for the calendar year in which the inputs are filed. The | ||||||
| 5 | filing shall also include a reconciliation of the revenue | ||||||
| 6 | requirement that was in effect for the prior rate year (as | ||||||
| 7 | set by the cost inputs for the prior rate year) with the | ||||||
| 8 | actual revenue requirement for the prior rate year | ||||||
| 9 | (determined using a year-end rate base) that uses amounts | ||||||
| 10 | reflected in the applicable FERC Form 1 that reports the | ||||||
| 11 | actual costs for the prior rate year. Any over-collection | ||||||
| 12 | or under-collection indicated by such reconciliation shall | ||||||
| 13 | be reflected as a credit against, or recovered as an | ||||||
| 14 | additional charge to, respectively, with interest | ||||||
| 15 | calculated at a rate equal to the utility's weighted | ||||||
| 16 | average cost of capital approved by the Commission for the | ||||||
| 17 | prior rate year, the charges for the applicable rate year. | ||||||
| 18 | Provided, however, that the first such reconciliation | ||||||
| 19 | shall be for the calendar year in which the utility files | ||||||
| 20 | its performance-based formula rate tariff pursuant to | ||||||
| 21 | subsection (c) of this Section and shall reconcile (i) the | ||||||
| 22 | revenue requirement or requirements established by the | ||||||
| 23 | rate order or orders in effect from time to time during | ||||||
| 24 | such calendar year (weighted, as applicable) with (ii) the | ||||||
| 25 | revenue requirement determined using a year-end rate base | ||||||
| 26 | for that calendar year calculated pursuant to the | ||||||
| |||||||
| |||||||
| 1 | performance-based formula rate using (A) actual costs for | ||||||
| 2 | that year as reflected in the applicable FERC Form 1, and | ||||||
| 3 | (B) for the first such reconciliation only, the cost of | ||||||
| 4 | equity, which shall be calculated as the sum of 590 basis | ||||||
| 5 | points plus the average for the applicable calendar year of | ||||||
| 6 | the monthly average yields of 30-year U.S. Treasury bonds | ||||||
| 7 | published by the Board of Governors of the Federal Reserve | ||||||
| 8 | System in its weekly H.15 Statistical Release or successor | ||||||
| 9 | publication. The first such reconciliation is not intended | ||||||
| 10 | to provide for the recovery of costs previously excluded | ||||||
| 11 | from rates based on a prior Commission order finding of | ||||||
| 12 | imprudence or unreasonableness. Each reconciliation shall | ||||||
| 13 | be certified by the participating utility in the same | ||||||
| 14 | manner that FERC Form 1 is certified. The filing shall also | ||||||
| 15 | include the charge or credit, if any, resulting from the | ||||||
| 16 | calculation required by paragraph (6) of subsection (c) of | ||||||
| 17 | this Section. | ||||||
| 18 | Notwithstanding anything that may be to the contrary, | ||||||
| 19 | the intent of the reconciliation is to ultimately reconcile | ||||||
| 20 | the revenue requirement reflected in rates for each | ||||||
| 21 | calendar year, beginning with the calendar year in which | ||||||
| 22 | the utility files its performance-based formula rate | ||||||
| 23 | tariff pursuant to subsection (c) of this Section, with | ||||||
| 24 | what the revenue requirement determined using a year-end | ||||||
| 25 | rate base for the applicable calendar year would have been | ||||||
| 26 | had the actual cost information for the applicable calendar | ||||||
| |||||||
| |||||||
| 1 | year been available at the filing date. | ||||||
| 2 | (2) The new charges shall take effect beginning on the | ||||||
| 3 | first billing day of the following January billing period | ||||||
| 4 | and remain in effect through the last billing day of the | ||||||
| 5 | next December billing period regardless of whether the | ||||||
| 6 | Commission enters upon a hearing pursuant to this | ||||||
| 7 | subsection (d). | ||||||
| 8 | (3) The filing shall include relevant and necessary | ||||||
| 9 | data and documentation for the applicable rate year that is | ||||||
| 10 | consistent with the Commission's rules applicable to a | ||||||
| 11 | filing for a general increase in rates or any rules adopted | ||||||
| 12 | by the Commission to implement this Section. Normalization | ||||||
| 13 | adjustments shall not be required. Notwithstanding any | ||||||
| 14 | other provision of this Section or Act or any rule or other | ||||||
| 15 | requirement adopted by the Commission, a participating | ||||||
| 16 | utility that is a combination utility with more than one | ||||||
| 17 | rate zone shall not be required to file a separate set of | ||||||
| 18 | such data and documentation for each rate zone and may | ||||||
| 19 | combine such data and documentation into a single set of | ||||||
| 20 | schedules. | ||||||
| 21 | Within 45 days after the utility files its annual update of | ||||||
| 22 | cost inputs to the performance-based formula rate, the | ||||||
| 23 | Commission shall have the authority, either upon complaint or | ||||||
| 24 | its own initiative, but with reasonable notice, to enter upon a | ||||||
| 25 | hearing concerning the prudence and reasonableness of the costs | ||||||
| 26 | incurred by the utility to be recovered during the applicable | ||||||
| |||||||
| |||||||
| 1 | rate year that are reflected in the inputs to the | ||||||
| 2 | performance-based formula rate derived from the utility's FERC | ||||||
| 3 | Form 1. During the course of the hearing, each objection shall | ||||||
| 4 | be stated with particularity and evidence provided in support | ||||||
| 5 | thereof, after which the utility shall have the opportunity to | ||||||
| 6 | rebut the evidence. Discovery shall be allowed consistent with | ||||||
| 7 | the Commission's Rules of Practice, which Rules shall be | ||||||
| 8 | enforced by the Commission or the assigned hearing examiner. | ||||||
| 9 | The Commission shall apply the same evidentiary standards, | ||||||
| 10 | including, but not limited to, those concerning the prudence | ||||||
| 11 | and reasonableness of the costs incurred by the utility, in the | ||||||
| 12 | hearing as it would apply in a hearing to review a filing for a | ||||||
| 13 | general increase in rates under Article IX of this Act. The | ||||||
| 14 | Commission shall not, however, have the authority in a | ||||||
| 15 | proceeding under this subsection (d) to consider or order any | ||||||
| 16 | changes to the structure or protocols of the performance-based | ||||||
| 17 | formula rate approved pursuant to subsection (c) of this | ||||||
| 18 | Section. In a proceeding under this subsection (d), the | ||||||
| 19 | Commission shall enter its order no later than the earlier of | ||||||
| 20 | 240 days after the utility's filing of its annual update of | ||||||
| 21 | cost inputs to the performance-based formula rate or December | ||||||
| 22 | 31. The Commission's determinations of the prudence and | ||||||
| 23 | reasonableness of the costs incurred for the applicable | ||||||
| 24 | calendar year shall be final upon entry of the Commission's | ||||||
| 25 | order and shall not be subject to reopening, reexamination, or | ||||||
| 26 | collateral attack in any other Commission proceeding, case, | ||||||
| |||||||
| |||||||
| 1 | docket, order, rule or regulation, provided, however, that | ||||||
| 2 | nothing in this subsection (d) shall prohibit a party from | ||||||
| 3 | petitioning the Commission to rehear or appeal to the courts | ||||||
| 4 | the order pursuant to the provisions of this Act. | ||||||
| 5 | In the event the Commission does not, either upon complaint | ||||||
| 6 | or its own initiative, enter upon a hearing within 45 days | ||||||
| 7 | after the utility files the annual update of cost inputs to its | ||||||
| 8 | performance-based formula rate, then the costs incurred for the | ||||||
| 9 | applicable calendar year shall be deemed prudent and | ||||||
| 10 | reasonable, and the filed charges shall not be subject to | ||||||
| 11 | reopening, reexamination, or collateral attack in any other | ||||||
| 12 | proceeding, case, docket, order, rule, or regulation. | ||||||
| 13 | A participating utility's first filing of the updated cost | ||||||
| 14 | inputs, and any Commission investigation of such inputs | ||||||
| 15 | pursuant to this subsection (d) shall proceed notwithstanding | ||||||
| 16 | the fact that the Commission's investigation under subsection | ||||||
| 17 | (c) of this Section is still pending and notwithstanding any | ||||||
| 18 | other law, order, rule, or Commission practice to the contrary. | ||||||
| 19 | (e) Nothing in subsections (c) or (d) of this Section shall | ||||||
| 20 | prohibit the Commission from investigating, or a participating | ||||||
| 21 | utility from filing, revenue-neutral tariff changes related to | ||||||
| 22 | rate design of a performance-based formula rate that has been | ||||||
| 23 | placed into effect for the utility. Following approval of a | ||||||
| 24 | participating utility's performance-based formula rate tariff | ||||||
| 25 | pursuant to subsection (c) of this Section, the utility shall | ||||||
| 26 | make a filing with the Commission within one year after the | ||||||
| |||||||
| |||||||
| 1 | effective date of the performance-based formula rate tariff | ||||||
| 2 | that proposes changes to the tariff to incorporate the findings | ||||||
| 3 | of any final rate design orders of the Commission applicable to | ||||||
| 4 | the participating utility and entered subsequent to the | ||||||
| 5 | Commission's approval of the tariff. The Commission shall, | ||||||
| 6 | after notice and hearing, enter its order approving, or | ||||||
| 7 | approving with modification, the proposed changes to the | ||||||
| 8 | performance-based formula rate tariff within 240 days after the | ||||||
| 9 | utility's filing. Following such approval, the utility shall | ||||||
| 10 | make a filing with the Commission during each subsequent 3-year | ||||||
| 11 | period that either proposes revenue-neutral tariff changes or | ||||||
| 12 | re-files the existing tariffs without change, which shall | ||||||
| 13 | present the Commission with an opportunity to suspend the | ||||||
| 14 | tariffs and consider revenue-neutral tariff changes related to | ||||||
| 15 | rate design. | ||||||
| 16 | (f) Within 30 days after the filing of a tariff pursuant to | ||||||
| 17 | subsection (c) of this Section, each participating utility | ||||||
| 18 | shall develop and file with the Commission multi-year metrics | ||||||
| 19 | designed to achieve, ratably (i.e., in equal segments) over a | ||||||
| 20 | 10-year period, improvement over baseline performance values | ||||||
| 21 | as follows: | ||||||
| 22 | (1) Twenty percent improvement in the System Average | ||||||
| 23 | Interruption Frequency Index, using a baseline of the | ||||||
| 24 | average of the data from 2001 through 2010. | ||||||
| 25 | (2) Fifteen percent improvement in the system Customer | ||||||
| 26 | Average Interruption Duration Index, using a baseline of | ||||||
| |||||||
| |||||||
| 1 | the average of the data from 2001 through 2010. | ||||||
| 2 | (3) For a participating utility other than a | ||||||
| 3 | combination utility, 20% improvement in the System Average | ||||||
| 4 | Interruption Frequency Index for its Southern Region, | ||||||
| 5 | using a baseline of the average of the data from 2001 | ||||||
| 6 | through 2010. For purposes of this paragraph (3), Southern | ||||||
| 7 | Region shall have the meaning set forth in the | ||||||
| 8 | participating utility's most recent report filed pursuant | ||||||
| 9 | to Section 16-125 of this Act. | ||||||
| 10 | (3.5) For a participating utility other than a | ||||||
| 11 | combination utility, 20% improvement in the System Average | ||||||
| 12 | Interruption Frequency Index for its Northeastern Region, | ||||||
| 13 | using a baseline of the average of the data from 2001 | ||||||
| 14 | through 2010. For purposes of this paragraph (3.5), | ||||||
| 15 | Northeastern Region shall have the meaning set forth in the | ||||||
| 16 | participating utility's most recent report filed pursuant | ||||||
| 17 | to Section 16-125 of this Act. | ||||||
| 18 | (4) Seventy-five percent improvement in the total | ||||||
| 19 | number of customers who exceed the service reliability | ||||||
| 20 | targets as set forth in subparagraphs (A) through (C) of | ||||||
| 21 | paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part | ||||||
| 22 | 411.140 as of May 1, 2011, using 2010 as the baseline year. | ||||||
| 23 | (5) Reduction in issuance of estimated electric bills: | ||||||
| 24 | 90% improvement for a participating utility other than a | ||||||
| 25 | combination utility, and 56% improvement for a | ||||||
| 26 | participating utility that is a combination utility, using | ||||||
| |||||||
| |||||||
| 1 | a baseline of the average number of estimated bills for the | ||||||
| 2 | years 2008 through 2010. | ||||||
| 3 | (6) Consumption on inactive meters: 90% improvement | ||||||
| 4 | for a participating utility other than a combination | ||||||
| 5 | utility, and 56% improvement for a participating utility | ||||||
| 6 | that is a combination utility, using a baseline of the | ||||||
| 7 | average unbilled kilowatthours for the years 2009 and 2010. | ||||||
| 8 | (7) Unaccounted for energy: 50% improvement for a | ||||||
| 9 | participating utility other than a combination utility | ||||||
| 10 | using a baseline of the non-technical line loss unaccounted | ||||||
| 11 | for energy kilowatthours for the year 2009. | ||||||
| 12 | (8) Uncollectible expense: reduce uncollectible | ||||||
| 13 | expense by at least $30,000,000 for a participating utility | ||||||
| 14 | other than a combination utility and by at least $3,500,000 | ||||||
| 15 | for a participating utility that is a combination utility, | ||||||
| 16 | using a baseline of the average uncollectible expense for | ||||||
| 17 | the years 2008 through 2010. | ||||||
| 18 | (9) Opportunities for minority-owned and female-owned | ||||||
| 19 | business enterprises: design a performance metric | ||||||
| 20 | regarding the creation of opportunities for minority-owned | ||||||
| 21 | and female-owned business enterprises consistent with | ||||||
| 22 | State and federal law using a base performance value of the | ||||||
| 23 | percentage of the participating utility's capital | ||||||
| 24 | expenditures that were paid to minority-owned and | ||||||
| 25 | female-owned business enterprises in 2010. | ||||||
| 26 | The definitions set forth in 83 Ill. Admin. Code Part | ||||||
| |||||||
| |||||||
| 1 | 411.20 as of May 1, 2011 shall be used for purposes of | ||||||
| 2 | calculating performance under paragraphs (1) through (3.5) of | ||||||
| 3 | this subsection (f), provided, however, that the participating | ||||||
| 4 | utility may exclude up to 9 extreme weather event days from | ||||||
| 5 | such calculation for each year, and provided further that the
| ||||||
| 6 | participating utility shall exclude 9 extreme weather event | ||||||
| 7 | days when calculating each year of the baseline period to the | ||||||
| 8 | extent that there are 9 such days in a given year of the | ||||||
| 9 | baseline period. For purposes of this Section, an extreme | ||||||
| 10 | weather event day is a 24-hour calendar day (beginning at 12:00 | ||||||
| 11 | a.m. and ending at 11:59 p.m.) during which any weather event | ||||||
| 12 | (e.g., storm, tornado) caused interruptions for 10,000 or more | ||||||
| 13 | of the participating utility's customers for 3 hours or more. | ||||||
| 14 | If there are more than 9 extreme weather event days in a year, | ||||||
| 15 | then the utility may choose no more than 9 extreme weather | ||||||
| 16 | event days to exclude, provided that the same extreme weather | ||||||
| 17 | event days are excluded from each of the calculations performed | ||||||
| 18 | under paragraphs (1) through (3.5) of this subsection (f). | ||||||
| 19 | The metrics shall include incremental performance goals | ||||||
| 20 | for each year of the 10-year period, which shall be designed to | ||||||
| 21 | demonstrate that the utility is on track to achieve the | ||||||
| 22 | performance goal in each category at the end of the 10-year | ||||||
| 23 | period. The utility shall elect when the 10-year period shall | ||||||
| 24 | commence for the metrics set forth in subparagraphs (1) through | ||||||
| 25 | (4) and (9) of this subsection (f), provided that it begins no | ||||||
| 26 | later than 14 months following the date on which the utility | ||||||
| |||||||
| |||||||
| 1 | begins investing pursuant to subsection (b) of this Section, | ||||||
| 2 | and when the 10-year period shall commence for the metrics set | ||||||
| 3 | forth in subparagraphs (5) through (8) of this subsection (f), | ||||||
| 4 | provided that it begins no later than 14 months following the | ||||||
| 5 | date on which the Commission enters its order approving the | ||||||
| 6 | utility's Advanced Metering Infrastructure Deployment Plan | ||||||
| 7 | pursuant to subsection (c) of Section 16-108.6 of this Act. | ||||||
| 8 | The metrics and performance goals set forth in | ||||||
| 9 | subparagraphs (5) through (8) of this subsection (f) are based | ||||||
| 10 | on the assumptions that the participating utility may fully | ||||||
| 11 | implement the technology described in subsection (b) of this | ||||||
| 12 | Section, including utilizing the full functionality of such | ||||||
| 13 | technology and that there is no requirement for personal | ||||||
| 14 | on-site notification. If the utility is unable to meet the | ||||||
| 15 | metrics and performance goals set forth in subparagraphs (5) | ||||||
| 16 | through (8) of this subsection (f) for such reasons, and the | ||||||
| 17 | Commission so finds after notice and hearing, then the utility | ||||||
| 18 | shall be excused from compliance, but only to the limited | ||||||
| 19 | extent achievement of the affected metrics and performance | ||||||
| 20 | goals was hindered by the less than full implementation. | ||||||
| 21 | (f-5) The financial penalties applicable to the metrics | ||||||
| 22 | described in subparagraphs (1) through (8) of subsection (f) of | ||||||
| 23 | this Section, as applicable, shall be applied through an | ||||||
| 24 | adjustment to the participating utility's return on equity of | ||||||
| 25 | no more than a total of 30 basis points in each of the first 3 | ||||||
| 26 | years, of no more than a total of 34 basis points
in each of the | ||||||
| |||||||
| |||||||
| 1 | 3 years thereafter, and of no more than a total of 38 basis | ||||||
| 2 | points in each
of the 4 years thereafter, as follows: | ||||||
| 3 | (1) With respect to each of the incremental annual | ||||||
| 4 | performance goals established pursuant to paragraph (1) of | ||||||
| 5 | subsection (f) of this Section, | ||||||
| 6 | (A) for each year that a participating utility | ||||||
| 7 | other than a combination utility does not achieve the | ||||||
| 8 | annual goal, the participating utility's return on | ||||||
| 9 | equity shall be reduced as
follows: during years 1 | ||||||
| 10 | through 3, by 5 basis points; during years 4 through 6, | ||||||
| 11 | by 6 basis points; and during years 7 through 10, by 7 | ||||||
| 12 | basis points; and | ||||||
| 13 | (B) for each year that a participating utility that | ||||||
| 14 | is a combination utility does not achieve the annual | ||||||
| 15 | goal, the participating utility's return on equity | ||||||
| 16 | shall be reduced as follows: during years 1 through 3, | ||||||
| 17 | by 10 basis points; during years 4 through 6, by 12
| ||||||
| 18 | basis points; and during years 7 through 10, by 14 | ||||||
| 19 | basis points. | ||||||
| 20 | (2) With respect to each of the incremental annual | ||||||
| 21 | performance goals established pursuant to paragraph (2) of | ||||||
| 22 | subsection (f) of this Section, for each year that the | ||||||
| 23 | participating utility does not achieve each such goal, the | ||||||
| 24 | participating utility's return on equity shall be reduced | ||||||
| 25 | as follows: during years 1 through 3, by 5 basis points; | ||||||
| 26 | during years 4
through 6, by 6 basis points; and during | ||||||
| |||||||
| |||||||
| 1 | years 7 through 10, by 7 basis points. | ||||||
| 2 | (3) With respect to each of the incremental annual | ||||||
| 3 | performance goals established
pursuant to paragraphs (3) | ||||||
| 4 | and (3.5) of subsection (f) of this Section, for each year | ||||||
| 5 | that a participating utility other than a combination | ||||||
| 6 | utility does not achieve both such
goals, the participating | ||||||
| 7 | utility's return on equity shall be reduced as follows: | ||||||
| 8 | during years 1 through 3, by 5 basis points; during years 4 | ||||||
| 9 | through 6, by 6 basis points; and during years 7 through | ||||||
| 10 | 10, by 7 basis points. | ||||||
| 11 | (4) With respect to each of the incremental annual | ||||||
| 12 | performance goals established
pursuant to paragraph (4) of | ||||||
| 13 | subsection (f) of this Section, for each year that the | ||||||
| 14 | participating utility does not achieve each such goal, the | ||||||
| 15 | participating utility's return
on equity shall be reduced | ||||||
| 16 | as follows: during years 1 through 3, by 5 basis points;
| ||||||
| 17 | during years 4 through 6, by 6 basis points; and during | ||||||
| 18 | years 7 through 10, by 7 basis points. | ||||||
| 19 | (5) With respect to each of the incremental annual | ||||||
| 20 | performance goals established pursuant to subparagraph (5) | ||||||
| 21 | of subsection (f) of this Section, for each year that the | ||||||
| 22 | participating utility does not achieve at least 95% of each | ||||||
| 23 | such goal, the participating utility's return on equity | ||||||
| 24 | shall be reduced by 5 basis points for each such unachieved | ||||||
| 25 | goal. | ||||||
| 26 | (6) With respect to each of the incremental annual | ||||||
| |||||||
| |||||||
| 1 | performance goals established pursuant to paragraphs (6), | ||||||
| 2 | (7), and (8) of subsection (f) of this Section, as | ||||||
| 3 | applicable, which together measure non-operational | ||||||
| 4 | customer savings and benefits
relating to the | ||||||
| 5 | implementation of the Advanced Metering Infrastructure | ||||||
| 6 | Deployment
Plan, as defined in Section 16-108.6 of this | ||||||
| 7 | Act, the performance under each such goal shall be | ||||||
| 8 | calculated in terms of the percentage of the goal achieved. | ||||||
| 9 | The percentage of goal achieved for each of the goals shall | ||||||
| 10 | be aggregated, and an average percentage value calculated, | ||||||
| 11 | for each year of the 10-year period. If the utility does | ||||||
| 12 | not achieve an average percentage value in a given year of | ||||||
| 13 | at least 95%, the participating utility's return on equity | ||||||
| 14 | shall be reduced by 5 basis points. | ||||||
| 15 | The financial penalties shall be applied as described in | ||||||
| 16 | this subsection (f-5) for the 12-month period in which the | ||||||
| 17 | deficiency occurred through a separate tariff mechanism, which | ||||||
| 18 | shall be filed by the utility together with its metrics. In the | ||||||
| 19 | event the formula rate tariff established pursuant to | ||||||
| 20 | subsection (c) of this Section terminates, the utility's | ||||||
| 21 | obligations under subsection (f) of this Section and this | ||||||
| 22 | subsection (f-5) shall also terminate, provided, however, that | ||||||
| 23 | the tariff mechanism established pursuant to subsection (f) of | ||||||
| 24 | this Section and this subsection (f-5) shall remain in effect | ||||||
| 25 | until any penalties due and owing at the time of such | ||||||
| 26 | termination are applied. | ||||||
| |||||||
| |||||||
| 1 | The Commission shall, after notice and hearing, enter an | ||||||
| 2 | order within 120 days after the metrics are filed approving, or | ||||||
| 3 | approving with modification, a participating utility's tariff | ||||||
| 4 | or mechanism to satisfy the metrics set forth in subsection (f) | ||||||
| 5 | of this Section. On June 1 of each subsequent year, each | ||||||
| 6 | participating utility shall file a report with the Commission | ||||||
| 7 | that includes, among other things, a description of how the | ||||||
| 8 | participating utility performed under each metric and an | ||||||
| 9 | identification of any extraordinary events that adversely | ||||||
| 10 | impacted the utility's performance. Whenever a participating | ||||||
| 11 | utility does not satisfy the metrics required pursuant to | ||||||
| 12 | subsection (f) of this Section, the Commission shall, after | ||||||
| 13 | notice and hearing, enter an order approving financial | ||||||
| 14 | penalties in accordance with this subsection (f-5). The | ||||||
| 15 | Commission-approved financial penalties shall be applied | ||||||
| 16 | beginning with the next rate year. Nothing in this Section | ||||||
| 17 | shall authorize the Commission to reduce or otherwise obviate | ||||||
| 18 | the imposition of financial penalties for failing to achieve | ||||||
| 19 | one or more of the metrics established pursuant to subparagraph | ||||||
| 20 | (1) through (4) of subsection (f) of this Section. | ||||||
| 21 | (g) On or before July 31, 2014, each participating utility | ||||||
| 22 | shall file a report with the Commission that sets forth the | ||||||
| 23 | average annual increase in the average amount paid per | ||||||
| 24 | kilowatthour for residential eligible retail customers, | ||||||
| 25 | exclusive of the effects of energy efficiency programs, | ||||||
| 26 | comparing the 12-month period ending May 31, 2012; the 12-month | ||||||
| |||||||
| |||||||
| 1 | period ending May 31, 2013; and the 12-month period ending May | ||||||
| 2 | 31, 2014. For a participating utility that is a combination | ||||||
| 3 | utility with more than one rate zone, the weighted average | ||||||
| 4 | aggregate increase shall be provided. The report shall be filed | ||||||
| 5 | together with a statement from an independent auditor attesting | ||||||
| 6 | to the accuracy of the report. The cost of the independent | ||||||
| 7 | auditor shall be borne by the participating utility and shall | ||||||
| 8 | not be a recoverable expense. "The average amount paid per | ||||||
| 9 | kilowatthour" shall be based on the participating utility's | ||||||
| 10 | tariffed rates actually in effect and shall not be calculated | ||||||
| 11 | using any hypothetical rate or adjustments to actual charges | ||||||
| 12 | (other than as specified for energy efficiency) as an input. | ||||||
| 13 | In the event that the average annual increase exceeds 2.5% | ||||||
| 14 | as calculated pursuant to this subsection (g), then Sections | ||||||
| 15 | 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other | ||||||
| 16 | than this subsection, shall be inoperative as they relate to | ||||||
| 17 | the utility and its service area as of the date of the report | ||||||
| 18 | due to be submitted pursuant to this subsection and the utility | ||||||
| 19 | shall no longer be eligible to annually update the | ||||||
| 20 | performance-based formula rate tariff pursuant to subsection | ||||||
| 21 | (d) of this Section. In such event, the then current rates | ||||||
| 22 | shall remain in effect until such time as new rates are set | ||||||
| 23 | pursuant to Article IX of this Act, subject to retroactive | ||||||
| 24 | adjustment, with interest, to reconcile rates charged with | ||||||
| 25 | actual costs, and the participating utility's voluntary | ||||||
| 26 | commitments and obligations under subsection (b) of this | ||||||
| |||||||
| |||||||
| 1 | Section shall immediately terminate, except for the utility's | ||||||
| 2 | obligation to pay an amount already owed to the fund for | ||||||
| 3 | training grants pursuant to a Commission order issued under | ||||||
| 4 | subsection (b) of this Section. | ||||||
| 5 | In the event that the average annual increase is 2.5% or | ||||||
| 6 | less as calculated pursuant to this subsection (g), then the | ||||||
| 7 | performance-based formula rate shall remain in effect as set | ||||||
| 8 | forth in this Section. | ||||||
| 9 | For purposes of this Section, the amount per kilowatthour | ||||||
| 10 | means the total amount paid for electric service expressed on a | ||||||
| 11 | per kilowatthour basis, and the total amount paid for electric | ||||||
| 12 | service includes without limitation amounts paid for supply, | ||||||
| 13 | transmission, distribution, surcharges, and add-on taxes | ||||||
| 14 | exclusive of any increases in taxes or new taxes imposed after | ||||||
| 15 | the effective date of this amendatory Act of the 97th General | ||||||
| 16 | Assembly. For purposes of this Section, "eligible retail | ||||||
| 17 | customers" shall have the meaning set forth in Section 16-111.5 | ||||||
| 18 | of this Act. | ||||||
| 19 | The fact that this Section becomes inoperative as set forth | ||||||
| 20 | in this subsection shall not be construed to mean that the | ||||||
| 21 | Commission may reexamine or otherwise reopen prudence or | ||||||
| 22 | reasonableness determinations already made. | ||||||
| 23 | (h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of | ||||||
| 24 | this Act, other than this subsection, are inoperative after | ||||||
| 25 | December 31, 2017 for every participating utility, after which | ||||||
| 26 | time a participating utility shall no longer be eligible to | ||||||
| |||||||
| |||||||
| 1 | annually update the performance-based formula rate tariff | ||||||
| 2 | pursuant to subsection (d) of this Section. At such time, the | ||||||
| 3 | then current rates shall remain in effect until such time as | ||||||
| 4 | new rates are set pursuant to Article IX of this Act, subject | ||||||
| 5 | to retroactive adjustment, with interest, to reconcile rates | ||||||
| 6 | charged with actual costs. | ||||||
| 7 | By December 31, 2017, the Commission shall prepare and file | ||||||
| 8 | with the General Assembly a report on the infrastructure | ||||||
| 9 | program and the performance-based formula rate. The report | ||||||
| 10 | shall include the change in the average amount per kilowatthour | ||||||
| 11 | paid by residential customers between June 1, 2011 and May 31, | ||||||
| 12 | 2017. If the change in the total average rate paid exceeds 2.5% | ||||||
| 13 | compounded annually, the Commission shall include in the report | ||||||
| 14 | an analysis that shows the portion of the change due to the | ||||||
| 15 | delivery services component and the portion of the change due | ||||||
| 16 | to the supply component of the rate. The report shall include | ||||||
| 17 | separate sections for each participating utility. | ||||||
| 18 | In the event Sections 16-108.5, 16-108.6, 16-108.7, and | ||||||
| 19 | 16-108.8 of this Act do not become inoperative after December | ||||||
| 20 | 31, 2017, then these Sections are inoperative after December | ||||||
| 21 | 31, 2022 for every participating utility, after which time a | ||||||
| 22 | participating utility shall no longer be eligible to annually | ||||||
| 23 | update the performance-based formula rate tariff pursuant to | ||||||
| 24 | subsection (d) of this Section. At such time, the then current | ||||||
| 25 | rates shall remain in effect until such time as new rates are | ||||||
| 26 | set pursuant to Article IX of this Act, subject to retroactive | ||||||
| |||||||
| |||||||
| 1 | adjustment, with interest, to reconcile rates charged with | ||||||
| 2 | actual costs. | ||||||
| 3 | The fact that this Section becomes inoperative as set forth | ||||||
| 4 | in this subsection shall not be construed to mean that the | ||||||
| 5 | Commission may reexamine or otherwise reopen prudence or | ||||||
| 6 | reasonableness determinations already made. | ||||||
| 7 | (i) While a participating utility may use, develop, and | ||||||
| 8 | maintain broadband systems and the delivery of broadband | ||||||
| 9 | services, voice-over-internet-protocol services, | ||||||
| 10 | telecommunications services, and cable and video programming | ||||||
| 11 | services for use in providing delivery services and Smart Grid | ||||||
| 12 | functionality or application to its retail customers, | ||||||
| 13 | including, but not limited to, the installation, | ||||||
| 14 | implementation and maintenance of Smart Grid electric system | ||||||
| 15 | upgrades as defined in Section 16-108.6 of this Act, a | ||||||
| 16 | participating utility is prohibited from offering to its retail | ||||||
| 17 | customers broadband services or the delivery of broadband | ||||||
| 18 | services, voice-over-internet-protocol services, | ||||||
| 19 | telecommunications services, or cable or video programming | ||||||
| 20 | services, unless they are part of a service directly related to | ||||||
| 21 | delivery services or Smart Grid functionality or applications | ||||||
| 22 | as defined in Section 16-108.6 of this Act, and from recovering | ||||||
| 23 | the costs of such offerings from retail customers. | ||||||
| 24 | (j) Nothing in this Section is intended to legislatively | ||||||
| 25 | overturn the opinion issued in Commonwealth Edison Co. v. Ill. | ||||||
| 26 | Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137, | ||||||
| |||||||
| |||||||
| 1 | 1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App. | ||||||
| 2 | Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th | ||||||
| 3 | General Assembly shall not be construed as creating a contract | ||||||
| 4 | between the General Assembly and the participating utility, and | ||||||
| 5 | shall not establish a property right in the participating | ||||||
| 6 | utility.
| ||||||
| 7 | (k) The changes made in subsections (c) and (d) of this | ||||||
| 8 | Section by this amendatory Act of the 98th General Assembly are | ||||||
| 9 | intended to be a restatement and clarification of existing law, | ||||||
| 10 | and intended to give binding effect to the provisions of House | ||||||
| 11 | Resolution 1157 adopted by the House of Representatives of the | ||||||
| 12 | 97th General Assembly and Senate Resolution 821 adopted by the | ||||||
| 13 | Senate of the 97th General Assembly that are reflected in | ||||||
| 14 | paragraph (3) of this subsection. In addition, this amendatory | ||||||
| 15 | Act of the 98th General Assembly preempts and supersedes any | ||||||
| 16 | final Commission orders entered in Docket Nos. 11-0721, | ||||||
| 17 | 12-0001, 12-0293, and 12-0321 to the extent inconsistent with | ||||||
| 18 | the amendatory language added to subsections (c) and (d). | ||||||
| 19 | (1) No earlier than 5 business days after the effective | ||||||
| 20 | date of this amendatory Act of the 98th General Assembly, | ||||||
| 21 | each participating utility shall file any tariff changes | ||||||
| 22 | necessary to implement the amendatory language set forth in | ||||||
| 23 | subsections (c) and (d) of this Section by this amendatory | ||||||
| 24 | Act of the 98th General Assembly and a revised revenue | ||||||
| 25 | requirement under the participating utility's | ||||||
| 26 | performance-based formula rate. The Commission shall enter | ||||||
| |||||||
| |||||||
| 1 | a final order approving such tariff changes and revised | ||||||
| 2 | revenue requirement within 21 days after the participating | ||||||
| 3 | utility's filing. | ||||||
| 4 | (2) Notwithstanding anything that may be to the | ||||||
| 5 | contrary, a participating utility may file a tariff to | ||||||
| 6 | retroactively recover its previously unrecovered actual | ||||||
| 7 | costs of delivery service that are no longer subject to | ||||||
| 8 | recovery through a reconciliation adjustment under | ||||||
| 9 | subsection (d) of this Section. This retroactive recovery | ||||||
| 10 | shall include any derivative adjustments resulting from | ||||||
| 11 | the changes to subsections (c) and (d) of this Section by | ||||||
| 12 | this amendatory Act of the 98th General Assembly. Such | ||||||
| 13 | tariff shall allow the utility to assess, on current | ||||||
| 14 | customer bills over a period of 12 monthly billing periods, | ||||||
| 15 | a charge or credit related to those unrecovered costs with | ||||||
| 16 | interest at the utility's weighted average cost of capital | ||||||
| 17 | during the period in which those costs were unrecovered. A | ||||||
| 18 | participating utility may file a tariff that implements a | ||||||
| 19 | retroactive charge or credit as described in this paragraph | ||||||
| 20 | for amounts not otherwise included in the tariff filing | ||||||
| 21 | provided for in paragraph (1) of this subsection (k). The | ||||||
| 22 | Commission shall enter a final order approving such tariff | ||||||
| 23 | within 21 days after the participating utility's filing. | ||||||
| 24 | (3) The tariff changes described in paragraphs (1) and | ||||||
| 25 | (2) of this subsection (k) shall relate only to, and be | ||||||
| 26 | consistent with, the following provisions of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 98th General Assembly: paragraph (2) | ||||||
| 2 | of subsection (c) regarding year-end capital structure, | ||||||
| 3 | subparagraph (D) of paragraph (4) of subsection (c) | ||||||
| 4 | regarding pension assets, and subsection (d) regarding the | ||||||
| 5 | reconciliation components related to year-end rate base | ||||||
| 6 | and interest calculated at a rate equal to the utility's | ||||||
| 7 | weighted average cost of capital. | ||||||
| 8 | (4) Nothing in this subsection is intended to effect a | ||||||
| 9 | dismissal of or otherwise affect an appeal from any final | ||||||
| 10 | Commission orders entered in Docket Nos. 11-0721, 12-0001, | ||||||
| 11 | 12-0293, and 12-0321 other than to the extent of the | ||||||
| 12 | amendatory language contained in subsections (c) and (d) of | ||||||
| 13 | this amendatory Act of the 98th General Assembly. | ||||||
| 14 | (l) Each participating utility shall be deemed to have been | ||||||
| 15 | in full compliance with all requirements of subsection (b) of | ||||||
| 16 | this Section, subsection (c) of this Section, Section 16-108.6 | ||||||
| 17 | of this Act, and all Commission orders entered pursuant to | ||||||
| 18 | Sections 16-108.5 and 16-108.6 of this Act, up to and including | ||||||
| 19 | the effective date of this amendatory Act of the 98th General | ||||||
| 20 | Assembly. The Commission shall not undertake any investigation | ||||||
| 21 | of such compliance and no penalty shall be assessed or adverse | ||||||
| 22 | action taken against a participating utility for noncompliance | ||||||
| 23 | with Commission orders associated with subsection (b) of this | ||||||
| 24 | Section, subsection (c) of this Section, and Section 16-108.6 | ||||||
| 25 | of this Act prior to such date. Each participating utility | ||||||
| 26 | other than a combination utility shall be permitted, without | ||||||
| |||||||
| |||||||
| 1 | penalty, a period of 12 months after such effective date to | ||||||
| 2 | take actions required to ensure its infrastructure investment | ||||||
| 3 | program is in compliance with subsection (b) of this Section | ||||||
| 4 | and with Section 16-108.6 of this Act. Provided further: | ||||||
| 5 | (1) if this amendatory Act of the 98th General Assembly | ||||||
| 6 | takes effect on or before June 15, 2013, the following | ||||||
| 7 | subparagraphs shall apply to a participating utility other | ||||||
| 8 | than a combination utility: | ||||||
| 9 | (A) if the Commission has initiated a proceeding | ||||||
| 10 | pursuant to subsection (e) of Section 16-108.6 of this | ||||||
| 11 | Act that is pending as of the effective date of this | ||||||
| 12 | amendatory Act of the 98th General Assembly, then the | ||||||
| 13 | order entered in such proceeding shall, after notice | ||||||
| 14 | and hearing, accelerate the commencement of the meter | ||||||
| 15 | deployment schedule approved in the final Commission | ||||||
| 16 | order on rehearing entered in Docket No. 12-0298; | ||||||
| 17 | (B) if the Commission has entered an order pursuant | ||||||
| 18 | to subsection (e) of Section 16-108.6 of this Act prior | ||||||
| 19 | to the effective date of this amendatory Act of the | ||||||
| 20 | 98th General Assembly that does not accelerate the | ||||||
| 21 | commencement of the meter deployment schedule approved | ||||||
| 22 | in the final Commission order on rehearing entered in | ||||||
| 23 | Docket No. 12-0298, then the utility shall file with | ||||||
| 24 | the Commission, within 45 days after such effective | ||||||
| 25 | date, a plan for accelerating the commencement of the | ||||||
| 26 | utility's meter deployment schedule approved in the | ||||||
| |||||||
| |||||||
| 1 | final Commission order on rehearing entered in Docket | ||||||
| 2 | No. 12-0298; the Commission shall reopen the | ||||||
| 3 | proceeding in which it entered its order pursuant to | ||||||
| 4 | subsection (e) of Section 16-108.6 of this Act and | ||||||
| 5 | shall, after notice and hearing, enter an amendatory | ||||||
| 6 | order that approves or approves as modified such | ||||||
| 7 | accelerated plan within 90 days after the utility's | ||||||
| 8 | filing; or | ||||||
| 9 | (C) if the Commission has not initiated a | ||||||
| 10 | proceeding pursuant to subsection (e) of Section | ||||||
| 11 | 16-108.6 of this Act prior to the effective date of | ||||||
| 12 | this amendatory Act of the 98th General Assembly, then | ||||||
| 13 | the utility shall file with the Commission, within 45 | ||||||
| 14 | days after such effective date, a plan for accelerating | ||||||
| 15 | the commencement of the utility's meter deployment | ||||||
| 16 | schedule approved in the final Commission order on | ||||||
| 17 | rehearing entered in Docket No. 12-0298 and the | ||||||
| 18 | Commission shall, after notice and hearing, approve or | ||||||
| 19 | approve as modified such plan within 90 days after the | ||||||
| 20 | utility's filing; | ||||||
| 21 | (2) if this amendatory Act of the 98th General Assembly | ||||||
| 22 | takes effect after June 15, 2013, then each participating | ||||||
| 23 | utility other than a combination utility shall file with | ||||||
| 24 | the Commission, within 45 days after such effective date, a | ||||||
| 25 | plan for accelerating the commencement of the utility's | ||||||
| 26 | meter deployment schedule approved in the final Commission | ||||||
| |||||||
| |||||||
| 1 | order on rehearing entered in Docket No. 12-0298; the | ||||||
| 2 | Commission shall reopen the most recent proceeding in which | ||||||
| 3 | it entered an order pursuant to subsection (e) of Section | ||||||
| 4 | 16-108.6 of this Act and within 90 days after the utility's | ||||||
| 5 | filing shall, after notice and hearing, enter an amendatory | ||||||
| 6 | order that approves or approves as modified such | ||||||
| 7 | accelerated plan, provided that if there was no such prior | ||||||
| 8 | proceeding the Commission shall open a new proceeding and | ||||||
| 9 | within 90 days after the utility's filing shall, after | ||||||
| 10 | notice and hearing, enter an order that approves or | ||||||
| 11 | approves as modified such accelerated plan. | ||||||
| 12 | Any schedule for meter deployment approved by the | ||||||
| 13 | Commission pursuant to subparagraphs (1) or (2) of this | ||||||
| 14 | subsection (l) shall take into consideration procurement times | ||||||
| 15 | for meters and other equipment and operational issues. Nothing | ||||||
| 16 | in this amendatory Act of the 98th General Assembly shall | ||||||
| 17 | shorten or extend the end dates for the 5-year or 10-year | ||||||
| 18 | periods set forth in subsection (b) of this Section or Section | ||||||
| 19 | 16-108.6 of this Act. Nothing in this subsection is intended to | ||||||
| 20 | address whether a participating utility has, or has not, | ||||||
| 21 | satisfied any or all of the metrics and performance goals | ||||||
| 22 | established pursuant to subsection (f) of this Section. | ||||||
| 23 | (m) The provisions of this amendatory Act of the 98th | ||||||
| 24 | General Assembly are severable under Section 1.31 of the | ||||||
| 25 | Statute on Statutes. | ||||||
| 26 | (Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11; | ||||||
| |||||||
| |||||||
| 1 | 98-15, eff. 5-22-13.)
| ||||||
| 2 | Section 560. The Citizens Utility Board Act is amended by | ||||||
| 3 | changing Section 9 as follows:
| ||||||
| 4 | (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| ||||||
| 5 | Sec. 9. Mailing procedure.
| ||||||
| 6 | (1) As used in this Section:
| ||||||
| 7 | (a) "Enclosure" means a card, leaflet, envelope or | ||||||
| 8 | combination thereof
furnished by the corporation under | ||||||
| 9 | this Section.
| ||||||
| 10 | (b) "Mailing" means any communication by a State | ||||||
| 11 | agency, other than
a mailing made under the Senior Citizens | ||||||
| 12 | and
Persons with Disabilities Disabled Persons Property | ||||||
| 13 | Tax Relief Act,
that is sent through the United States | ||||||
| 14 | Postal Service to more than 50,000
persons within a | ||||||
| 15 | 12-month period.
| ||||||
| 16 | (c) "State agency" means any officer, department, | ||||||
| 17 | board, commission,
institution or entity of the executive | ||||||
| 18 | or legislative
branches of State government.
| ||||||
| 19 | (2) To accomplish its powers and duties under Section 5 | ||||||
| 20 | this Act, the
corporation, subject to the following | ||||||
| 21 | limitations, may prepare and furnish
to any State agency an | ||||||
| 22 | enclosure to be included with a mailing by that agency.
| ||||||
| 23 | (a) A State agency furnished with an enclosure shall | ||||||
| 24 | include the
enclosure within the mailing designated by the | ||||||
| |||||||
| |||||||
| 1 | corporation.
| ||||||
| 2 | (b) An enclosure furnished by the corporation under | ||||||
| 3 | this Section shall
be provided to the State agency a | ||||||
| 4 | reasonable period of time in advance of
the mailing.
| ||||||
| 5 | (c) An enclosure furnished by the corporation under | ||||||
| 6 | this Section shall be
limited to informing the reader of | ||||||
| 7 | the purpose, nature and activities of the
corporation as | ||||||
| 8 | set forth in this Act and informing the reader that it may
| ||||||
| 9 | become a member in the corporation, maintain membership in | ||||||
| 10 | the corporation
and contribute money to the corporation | ||||||
| 11 | directly.
| ||||||
| 12 | (d) Prior to furnishing an enclosure to the State | ||||||
| 13 | agency, the
corporation shall seek and obtain approval of | ||||||
| 14 | the content of the enclosure
from the Illinois Commerce | ||||||
| 15 | Commission. The Commission shall approve the
enclosure if | ||||||
| 16 | it determines that the enclosure (i) is not false or
| ||||||
| 17 | misleading and (ii) satisfies the requirements of this Act. | ||||||
| 18 | The Commission
shall be deemed to have approved the | ||||||
| 19 | enclosure unless it disapproves the
enclosure within 14 | ||||||
| 20 | days from the date of receipt.
| ||||||
| 21 | (3) The corporation shall reimburse each State agency for | ||||||
| 22 | all reasonable
incremental costs incurred by the State agency | ||||||
| 23 | in complying with this
Section above the agency's normal | ||||||
| 24 | mailing and handling costs, provided that:
| ||||||
| 25 | (a) The State agency shall first furnish the | ||||||
| 26 | corporation with an
itemized accounting of such additional | ||||||
| |||||||
| |||||||
| 1 | cost; and
| ||||||
| 2 | (b) The corporation shall not be required to reimburse | ||||||
| 3 | the State agency
for postage costs if the weight of the | ||||||
| 4 | corporation's enclosure does not
exceed .35 ounce | ||||||
| 5 | avoirdupois. If the corporation's enclosure exceeds that
| ||||||
| 6 | weight, then it shall only be required to reimburse the | ||||||
| 7 | State agency for
postage cost over and above what the | ||||||
| 8 | agency's postage cost would have been
had the enclosure | ||||||
| 9 | weighed only .35 ounce avoirdupois.
| ||||||
| 10 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
| 11 | Section 565. The Child Care Act of 1969 is amended by | ||||||
| 12 | changing Sections 2.06, 2.09, 4.2, and 7 as follows:
| ||||||
| 13 | (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
| ||||||
| 14 | Sec. 2.06.
"Child care institution" means a child care | ||||||
| 15 | facility where more than
7 children are received and maintained | ||||||
| 16 | for the purpose of providing them
with care or training or | ||||||
| 17 | both. The term "child care institution"
includes residential | ||||||
| 18 | schools, primarily serving ambulatory children with | ||||||
| 19 | disabilities handicapped
children, and those operating a full | ||||||
| 20 | calendar year, but does not
include:
| ||||||
| 21 | (a) Any State-operated institution for child care | ||||||
| 22 | established by
legislative action;
| ||||||
| 23 | (b) Any juvenile detention or shelter care home established | ||||||
| 24 | and operated by any
county or child protection district | ||||||
| |||||||
| |||||||
| 1 | established under the "Child
Protection Act";
| ||||||
| 2 | (c) Any institution, home, place or facility operating | ||||||
| 3 | under a
license pursuant to the Nursing Home Care Act, the | ||||||
| 4 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 5 | ID/DD Community Care Act;
| ||||||
| 6 | (d) Any bona fide boarding school in which children are | ||||||
| 7 | primarily
taught branches of education corresponding to those | ||||||
| 8 | taught in public
schools, grades one through 12, or taught in | ||||||
| 9 | public elementary schools,
high schools, or both elementary and | ||||||
| 10 | high schools, and which operates on
a regular academic school | ||||||
| 11 | year basis; or
| ||||||
| 12 | (e) Any facility licensed as a "group home"
as defined in | ||||||
| 13 | this Act.
| ||||||
| 14 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 15 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
| 16 | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
| ||||||
| 17 | Sec. 2.09.
"Day care center" means any child care facility | ||||||
| 18 | which regularly
provides day care for less than 24 hours per | ||||||
| 19 | day for (1) more than 8 children
in a family home, or (2) more | ||||||
| 20 | than 3 children in a facility other than a
family home, | ||||||
| 21 | including senior citizen buildings. The term does not include
| ||||||
| 22 | (a)
programs operated by (i) public or private elementary | ||||||
| 23 | school systems or
secondary level school units or institutions | ||||||
| 24 | of higher learning that
serve children who shall have attained | ||||||
| 25 | the age of 3 years or (ii) private
entities on the grounds of | ||||||
| |||||||
| |||||||
| 1 | public or private elementary or
secondary schools and that | ||||||
| 2 | serve children who have attained the age of 3
years, except | ||||||
| 3 | that this exception applies only to the facility and not to the
| ||||||
| 4 | private entities' personnel operating the program;
(b)
| ||||||
| 5 | programs
or that portion of the program which serves children | ||||||
| 6 | who shall have attained
the age of 3 years and which are | ||||||
| 7 | recognized by the State Board of Education;
(c) educational | ||||||
| 8 | program or programs serving children who shall have attained
| ||||||
| 9 | the age of 3 years and which are operated by a school which is | ||||||
| 10 | registered
with the State Board of Education and which is | ||||||
| 11 | recognized or accredited
by a recognized national or multistate
| ||||||
| 12 | educational organization or association which regularly | ||||||
| 13 | recognizes or accredits
schools; (d) programs which | ||||||
| 14 | exclusively serve or that portion of the
program which serves | ||||||
| 15 | children with disabilities handicapped children who shall have | ||||||
| 16 | attained the age
of 3 years but are less than 21 years of age | ||||||
| 17 | and which are registered and
approved as meeting standards of | ||||||
| 18 | the State Board of Education and
applicable fire marshal | ||||||
| 19 | standards; (e) facilities operated in connection
with a | ||||||
| 20 | shopping center or service, religious services, or other | ||||||
| 21 | similar
facility, where transient children are cared for | ||||||
| 22 | temporarily while parents
or custodians of the children are | ||||||
| 23 | occupied on the premises and readily
available; (f) any type of | ||||||
| 24 | day care center that is
conducted on federal government | ||||||
| 25 | premises; (g) special activities
programs, including | ||||||
| 26 | athletics, crafts instruction and similar activities
conducted | ||||||
| |||||||
| |||||||
| 1 | on an organized and periodic basis by civic, charitable and
| ||||||
| 2 | governmental organizations; (h) part day child care | ||||||
| 3 | facilities, as
defined in Section 2.10 of this Act; or (i) | ||||||
| 4 | programs or that portion of
the program which (1) serves | ||||||
| 5 | children who shall have attained the age of
3 years, (2) is | ||||||
| 6 | operated by churches or religious institutions as described
in | ||||||
| 7 | Section 501 (c) (3) of the federal Internal Revenue Code, (3) | ||||||
| 8 | receives
no governmental aid, (4) is operated as a component of | ||||||
| 9 | a religious, nonprofit
elementary school, (5) operates | ||||||
| 10 | primarily to provide religious education,
and (6) meets | ||||||
| 11 | appropriate State or local health and fire safety standards.
| ||||||
| 12 | For purposes of (a), (b), (c), (d) and (i) of this Section,
| ||||||
| 13 | "children who shall have attained the age of 3 years" shall | ||||||
| 14 | mean children
who are 3 years of age, but less than 4 years of | ||||||
| 15 | age, at the time of
enrollment in the program.
| ||||||
| 16 | (Source: P.A. 92-659, eff. 7-16-02.)
| ||||||
| 17 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||||||
| 18 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
| 19 | Department and
no person may be employed by a licensed child | ||||||
| 20 | care facility who refuses to
authorize an investigation as | ||||||
| 21 | required by Section 4.1.
| ||||||
| 22 | (b) In addition to the other provisions of this Section, no | ||||||
| 23 | applicant
may
receive a license from the Department and no | ||||||
| 24 | person
may be employed by a child care facility licensed by the | ||||||
| 25 | Department who has
been declared a sexually dangerous person | ||||||
| |||||||
| |||||||
| 1 | under "An Act in relation to
sexually dangerous persons, and | ||||||
| 2 | providing for their commitment, detention
and supervision", | ||||||
| 3 | approved July 6, 1938, as amended, or convicted of
committing | ||||||
| 4 | or attempting to commit any of the following offenses | ||||||
| 5 | stipulated
under the Criminal Code of 1961 or the Criminal Code | ||||||
| 6 | of 2012:
| ||||||
| 7 | (1) murder;
| ||||||
| 8 | (1.1) solicitation of murder;
| ||||||
| 9 | (1.2) solicitation of murder for hire;
| ||||||
| 10 | (1.3) intentional homicide of an unborn child;
| ||||||
| 11 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
| 12 | (1.5) involuntary manslaughter;
| ||||||
| 13 | (1.6) reckless homicide;
| ||||||
| 14 | (1.7) concealment of a homicidal death;
| ||||||
| 15 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
| 16 | (1.9) reckless homicide of an unborn child;
| ||||||
| 17 | (1.10) drug-induced homicide;
| ||||||
| 18 | (2) a sex offense under Article 11, except offenses | ||||||
| 19 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
| 20 | 11-40, and 11-45;
| ||||||
| 21 | (3) kidnapping;
| ||||||
| 22 | (3.1) aggravated unlawful restraint;
| ||||||
| 23 | (3.2) forcible detention;
| ||||||
| 24 | (3.3) harboring a runaway;
| ||||||
| 25 | (3.4) aiding and abetting child abduction;
| ||||||
| 26 | (4) aggravated kidnapping;
| ||||||
| |||||||
| |||||||
| 1 | (5) child abduction;
| ||||||
| 2 | (6) aggravated battery of a child as described in | ||||||
| 3 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
| 4 | (7) criminal sexual assault;
| ||||||
| 5 | (8) aggravated criminal sexual assault;
| ||||||
| 6 | (8.1) predatory criminal sexual assault of a child;
| ||||||
| 7 | (9) criminal sexual abuse;
| ||||||
| 8 | (10) aggravated sexual abuse;
| ||||||
| 9 | (11) heinous battery as described in Section 12-4.1 or | ||||||
| 10 | subdivision (a)(2) of Section 12-3.05;
| ||||||
| 11 | (12) aggravated battery with a firearm as described in | ||||||
| 12 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
| 13 | (e)(4) of Section 12-3.05;
| ||||||
| 14 | (13) tampering with food, drugs, or cosmetics;
| ||||||
| 15 | (14) drug induced infliction of great bodily harm as | ||||||
| 16 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
| 17 | Section 12-3.05;
| ||||||
| 18 | (15) hate crime;
| ||||||
| 19 | (16) stalking;
| ||||||
| 20 | (17) aggravated stalking;
| ||||||
| 21 | (18) threatening public officials;
| ||||||
| 22 | (19) home invasion;
| ||||||
| 23 | (20) vehicular invasion;
| ||||||
| 24 | (21) criminal transmission of HIV;
| ||||||
| 25 | (22) criminal abuse or neglect of an elderly person or | ||||||
| 26 | person with a disability or disabled person as described in | ||||||
| |||||||
| |||||||
| 1 | Section 12-21 or subsection (e) (b) of Section 12-4.4a;
| ||||||
| 2 | (23) child abandonment;
| ||||||
| 3 | (24) endangering the life or health of a child;
| ||||||
| 4 | (25) ritual mutilation;
| ||||||
| 5 | (26) ritualized abuse of a child;
| ||||||
| 6 | (27) an offense in any other jurisdiction the elements | ||||||
| 7 | of
which are similar and
bear a substantial relationship to | ||||||
| 8 | any of the foregoing offenses.
| ||||||
| 9 | (b-1) In addition to the other provisions of this Section, | ||||||
| 10 | beginning
January 1, 2004, no new applicant and, on the date of
| ||||||
| 11 | licensure renewal, no current licensee may operate or receive a | ||||||
| 12 | license from
the
Department to operate, no person may be | ||||||
| 13 | employed by, and no adult person may
reside in a child care | ||||||
| 14 | facility licensed by the Department who has been
convicted of | ||||||
| 15 | committing or attempting to commit any of the following | ||||||
| 16 | offenses
or an offense in any other jurisdiction the elements | ||||||
| 17 | of which are similar and
bear a substantial relationship to any | ||||||
| 18 | of the following offenses:
| ||||||
| 19 | (I) BODILY HARM
| ||||||
| 20 | (1) Felony aggravated assault.
| ||||||
| 21 | (2) Vehicular endangerment.
| ||||||
| 22 | (3) Felony domestic battery.
| ||||||
| 23 | (4) Aggravated battery.
| ||||||
| 24 | (5) Heinous battery.
| ||||||
| |||||||
| |||||||
| 1 | (6) Aggravated battery with a firearm.
| ||||||
| 2 | (7) Aggravated battery of an unborn child.
| ||||||
| 3 | (8) Aggravated battery of a senior citizen.
| ||||||
| 4 | (9) Intimidation.
| ||||||
| 5 | (10) Compelling organization membership of persons.
| ||||||
| 6 | (11) Abuse and criminal neglect of a long term care | ||||||
| 7 | facility resident.
| ||||||
| 8 | (12) Felony violation of an order of protection.
| ||||||
| 9 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
| 10 | (1) Felony unlawful use of weapons.
| ||||||
| 11 | (2) Aggravated discharge of a firearm.
| ||||||
| 12 | (3) Reckless discharge of a firearm.
| ||||||
| 13 | (4) Unlawful use of metal piercing bullets.
| ||||||
| 14 | (5) Unlawful sale or delivery of firearms on the | ||||||
| 15 | premises of any
school.
| ||||||
| 16 | (6) Disarming a police officer.
| ||||||
| 17 | (7) Obstructing justice.
| ||||||
| 18 | (8) Concealing or aiding a fugitive.
| ||||||
| 19 | (9) Armed violence.
| ||||||
| 20 | (10) Felony contributing to the criminal delinquency | ||||||
| 21 | of a juvenile.
| ||||||
| 22 | (III) DRUG OFFENSES
| ||||||
| |||||||
| |||||||
| 1 | (1) Possession of more than 30 grams of cannabis.
| ||||||
| 2 | (2) Manufacture of more than 10 grams of cannabis.
| ||||||
| 3 | (3) Cannabis trafficking.
| ||||||
| 4 | (4) Delivery of cannabis on school grounds.
| ||||||
| 5 | (5) Unauthorized production of more than 5 cannabis | ||||||
| 6 | sativa plants.
| ||||||
| 7 | (6) Calculated criminal cannabis conspiracy.
| ||||||
| 8 | (7) Unauthorized manufacture or delivery of controlled | ||||||
| 9 | substances.
| ||||||
| 10 | (8) Controlled substance trafficking.
| ||||||
| 11 | (9) Manufacture, distribution, or advertisement of | ||||||
| 12 | look-alike
substances.
| ||||||
| 13 | (10) Calculated criminal drug conspiracy.
| ||||||
| 14 | (11) Street gang criminal drug conspiracy.
| ||||||
| 15 | (12) Permitting unlawful use of a building.
| ||||||
| 16 | (13) Delivery of controlled, counterfeit, or | ||||||
| 17 | look-alike substances to
persons under age 18, or at truck | ||||||
| 18 | stops, rest stops, or safety rest areas, or
on school | ||||||
| 19 | property.
| ||||||
| 20 | (14) Using, engaging, or employing persons under 18 to | ||||||
| 21 | deliver
controlled, counterfeit, or look-alike substances.
| ||||||
| 22 | (15) Delivery of controlled substances.
| ||||||
| 23 | (16) Sale or delivery of drug paraphernalia.
| ||||||
| 24 | (17) Felony possession, sale, or exchange of | ||||||
| 25 | instruments adapted
for use of a controlled substance, | ||||||
| 26 | methamphetamine, or cannabis by subcutaneous injection.
| ||||||
| |||||||
| |||||||
| 1 | (18) Felony possession of a controlled substance.
| ||||||
| 2 | (19) Any violation of the Methamphetamine Control and | ||||||
| 3 | Community Protection Act.
| ||||||
| 4 | (b-1.5) In addition to any other provision of this Section, | ||||||
| 5 | for applicants with access to confidential financial | ||||||
| 6 | information or who submit documentation to support billing, no | ||||||
| 7 | applicant whose initial application was considered after the | ||||||
| 8 | effective date of this amendatory Act of the 97th General | ||||||
| 9 | Assembly may receive a license from the Department or a child | ||||||
| 10 | care facility licensed by the Department who has been convicted | ||||||
| 11 | of committing or attempting to commit any of the following | ||||||
| 12 | felony offenses: | ||||||
| 13 | (1) financial institution fraud under Section 17-10.6 | ||||||
| 14 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 15 | (2) identity theft under Section 16-30 of the Criminal | ||||||
| 16 | Code of 1961 or the Criminal Code of 2012; | ||||||
| 17 | (3) financial exploitation of an elderly person or a | ||||||
| 18 | person with a disability under Section 17-56 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 20 | (4) computer tampering under Section 17-51 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 22 | (5) aggravated computer tampering under Section 17-52 | ||||||
| 23 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 24 | (6) computer fraud under Section 17-50 of the Criminal | ||||||
| 25 | Code of 1961 or the Criminal Code of 2012; | ||||||
| 26 | (7) deceptive practices under Section 17-1 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 2 | (8) forgery under Section 17-3 of the Criminal Code of | ||||||
| 3 | 1961 or the Criminal Code of 2012; | ||||||
| 4 | (9) State benefits fraud under Section 17-6 of the | ||||||
| 5 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 6 | (10) mail fraud and wire fraud under Section 17-24 of | ||||||
| 7 | the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 8 | (11) theft under paragraphs (1.1) through (11) of | ||||||
| 9 | subsection (b) of Section 16-1 of the Criminal Code of 1961 | ||||||
| 10 | or the Criminal Code of 2012. | ||||||
| 11 | (b-2) Notwithstanding subsection (b-1), the Department may | ||||||
| 12 | make an exception and, for child care facilities other than | ||||||
| 13 | foster family homes,
issue a new child care facility license to | ||||||
| 14 | or renew the
existing child care facility license of an | ||||||
| 15 | applicant, a person employed by a
child care facility, or an | ||||||
| 16 | applicant who has an adult residing in a home child
care | ||||||
| 17 | facility who was convicted of an offense described in | ||||||
| 18 | subsection (b-1),
provided that all of the following | ||||||
| 19 | requirements are met:
| ||||||
| 20 | (1) The relevant criminal offense occurred more than 5 | ||||||
| 21 | years prior to the
date of application or renewal, except | ||||||
| 22 | for drug offenses. The relevant drug
offense must have | ||||||
| 23 | occurred more than 10 years prior to the date of | ||||||
| 24 | application
or renewal, unless the applicant passed a drug | ||||||
| 25 | test, arranged and paid for by
the child care facility, no | ||||||
| 26 | less than 5 years after the offense.
| ||||||
| |||||||
| |||||||
| 1 | (2) The Department must conduct a background check and | ||||||
| 2 | assess all
convictions and recommendations of the child | ||||||
| 3 | care facility to determine if hiring or licensing the | ||||||
| 4 | applicant is in
accordance with Department administrative | ||||||
| 5 | rules and
procedures.
| ||||||
| 6 | (3) The applicant meets all other requirements and | ||||||
| 7 | qualifications to be
licensed as the pertinent type of | ||||||
| 8 | child care facility under this Act and the
Department's | ||||||
| 9 | administrative rules.
| ||||||
| 10 | (c) In addition to the other provisions of this Section, no
| ||||||
| 11 | applicant may receive a license from the Department to operate | ||||||
| 12 | a foster family
home, and no adult person may reside in a | ||||||
| 13 | foster family home licensed by the
Department, who has been | ||||||
| 14 | convicted of committing or attempting to commit any of
the | ||||||
| 15 | following offenses stipulated under the Criminal Code of 1961, | ||||||
| 16 | the Criminal Code of 2012, the Cannabis
Control Act, the | ||||||
| 17 | Methamphetamine Control and Community Protection Act, and the | ||||||
| 18 | Illinois Controlled Substances Act:
| ||||||
| 19 | (I) OFFENSES DIRECTED AGAINST THE PERSON
| ||||||
| 20 | (A) KIDNAPPING AND RELATED OFFENSES
| ||||||
| 21 | (1) Unlawful restraint.
| ||||||
| 22 | (B) BODILY HARM
| ||||||
| 23 | (2) Felony aggravated assault.
| ||||||
| |||||||
| |||||||
| 1 | (3) Vehicular endangerment.
| ||||||
| 2 | (4) Felony domestic battery.
| ||||||
| 3 | (5) Aggravated battery.
| ||||||
| 4 | (6) Heinous battery.
| ||||||
| 5 | (7) Aggravated battery with a firearm.
| ||||||
| 6 | (8) Aggravated battery of an unborn child.
| ||||||
| 7 | (9) Aggravated battery of a senior citizen.
| ||||||
| 8 | (10) Intimidation.
| ||||||
| 9 | (11) Compelling organization membership of persons.
| ||||||
| 10 | (12) Abuse and criminal neglect of a long term care | ||||||
| 11 | facility resident.
| ||||||
| 12 | (13) Felony violation of an order of protection.
| ||||||
| 13 | (II) OFFENSES DIRECTED AGAINST PROPERTY
| ||||||
| 14 | (14) Felony theft.
| ||||||
| 15 | (15) Robbery.
| ||||||
| 16 | (16) Armed robbery.
| ||||||
| 17 | (17) Aggravated robbery.
| ||||||
| 18 | (18) Vehicular hijacking.
| ||||||
| 19 | (19) Aggravated vehicular hijacking.
| ||||||
| 20 | (20) Burglary.
| ||||||
| 21 | (21) Possession of burglary tools.
| ||||||
| 22 | (22) Residential burglary.
| ||||||
| 23 | (23) Criminal fortification of a residence or | ||||||
| 24 | building.
| ||||||
| |||||||
| |||||||
| 1 | (24) Arson.
| ||||||
| 2 | (25) Aggravated arson.
| ||||||
| 3 | (26) Possession of explosive or explosive incendiary | ||||||
| 4 | devices.
| ||||||
| 5 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
| 6 | (27) Felony unlawful use of weapons.
| ||||||
| 7 | (28) Aggravated discharge of a firearm.
| ||||||
| 8 | (29) Reckless discharge of a firearm.
| ||||||
| 9 | (30) Unlawful use of metal piercing bullets.
| ||||||
| 10 | (31) Unlawful sale or delivery of firearms on the | ||||||
| 11 | premises of any school.
| ||||||
| 12 | (32) Disarming a police officer.
| ||||||
| 13 | (33) Obstructing justice.
| ||||||
| 14 | (34) Concealing or aiding a fugitive.
| ||||||
| 15 | (35) Armed violence.
| ||||||
| 16 | (36) Felony contributing to the criminal delinquency | ||||||
| 17 | of a juvenile.
| ||||||
| 18 | (IV) DRUG OFFENSES
| ||||||
| 19 | (37) Possession of more than 30 grams of cannabis.
| ||||||
| 20 | (38) Manufacture of more than 10 grams of cannabis.
| ||||||
| 21 | (39) Cannabis trafficking.
| ||||||
| 22 | (40) Delivery of cannabis on school grounds.
| ||||||
| |||||||
| |||||||
| 1 | (41) Unauthorized production of more than 5 cannabis | ||||||
| 2 | sativa plants.
| ||||||
| 3 | (42) Calculated criminal cannabis conspiracy.
| ||||||
| 4 | (43) Unauthorized manufacture or delivery of | ||||||
| 5 | controlled substances.
| ||||||
| 6 | (44) Controlled substance trafficking.
| ||||||
| 7 | (45) Manufacture, distribution, or advertisement of | ||||||
| 8 | look-alike substances.
| ||||||
| 9 | (46) Calculated criminal drug conspiracy.
| ||||||
| 10 | (46.5) Streetgang criminal drug conspiracy.
| ||||||
| 11 | (47) Permitting unlawful use of a building.
| ||||||
| 12 | (48) Delivery of controlled, counterfeit, or | ||||||
| 13 | look-alike substances to
persons under age 18, or at truck | ||||||
| 14 | stops, rest stops, or safety rest areas, or
on school | ||||||
| 15 | property.
| ||||||
| 16 | (49) Using, engaging, or employing persons under 18 to | ||||||
| 17 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
| 18 | (50) Delivery of controlled substances.
| ||||||
| 19 | (51) Sale or delivery of drug paraphernalia.
| ||||||
| 20 | (52) Felony possession, sale, or exchange of | ||||||
| 21 | instruments adapted for use
of a controlled substance, | ||||||
| 22 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
| 23 | (53) Any violation of the Methamphetamine Control and | ||||||
| 24 | Community Protection Act.
| ||||||
| 25 | (d) Notwithstanding subsection (c), the Department may | ||||||
| 26 | make an exception and issue a new foster
family home license or | ||||||
| |||||||
| |||||||
| 1 | may renew an existing
foster family home license of an | ||||||
| 2 | applicant who was convicted of an offense
described in | ||||||
| 3 | subsection (c), provided all of the following requirements are
| ||||||
| 4 | met:
| ||||||
| 5 | (1) The relevant criminal offense or offenses occurred | ||||||
| 6 | more than 10 years
prior to the date of application or | ||||||
| 7 | renewal.
| ||||||
| 8 | (2) The applicant had previously disclosed the | ||||||
| 9 | conviction or convictions
to the Department for purposes of | ||||||
| 10 | a background check.
| ||||||
| 11 | (3) After the disclosure, the Department either placed | ||||||
| 12 | a child in the home
or the foster family home license was | ||||||
| 13 | issued.
| ||||||
| 14 | (4) During the background check, the Department had | ||||||
| 15 | assessed and
waived the conviction in compliance with the | ||||||
| 16 | existing statutes and rules in
effect at the time of the | ||||||
| 17 | hire or licensure.
| ||||||
| 18 | (5) The applicant meets all other requirements and | ||||||
| 19 | qualifications to be
licensed as a foster family home under | ||||||
| 20 | this Act and the Department's
administrative
rules.
| ||||||
| 21 | (6) The applicant has a history of providing a safe, | ||||||
| 22 | stable home
environment and appears able to continue to | ||||||
| 23 | provide a safe, stable home
environment.
| ||||||
| 24 | (e) In evaluating the exception pursuant to subsections | ||||||
| 25 | (b-2) and (d), the Department must carefully review any | ||||||
| 26 | relevant documents to determine whether the applicant, despite | ||||||
| |||||||
| |||||||
| 1 | the disqualifying convictions, poses a substantial risk to | ||||||
| 2 | State resources or clients. In making such a determination, the | ||||||
| 3 | following guidelines shall be used: | ||||||
| 4 | (1) the age of the applicant when the offense was | ||||||
| 5 | committed; | ||||||
| 6 | (2) the circumstances surrounding the offense; | ||||||
| 7 | (3) the length of time since the conviction; | ||||||
| 8 | (4) the specific duties and responsibilities | ||||||
| 9 | necessarily related to the license being applied for and | ||||||
| 10 | the bearing, if any, that the applicant's conviction | ||||||
| 11 | history may have on his or her fitness to perform these | ||||||
| 12 | duties and responsibilities; | ||||||
| 13 | (5) the applicant's employment references; | ||||||
| 14 | (6) the applicant's character references and any | ||||||
| 15 | certificates of achievement; | ||||||
| 16 | (7) an academic transcript showing educational | ||||||
| 17 | attainment since the disqualifying conviction; | ||||||
| 18 | (8) a Certificate of Relief from Disabilities or | ||||||
| 19 | Certificate of Good Conduct; and | ||||||
| 20 | (9) anything else that speaks to the applicant's | ||||||
| 21 | character. | ||||||
| 22 | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | ||||||
| 23 | 96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff. | ||||||
| 24 | 7-31-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 25 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 7. (a) The Department must prescribe and publish | ||||||
| 2 | minimum standards
for licensing that apply to the various types | ||||||
| 3 | of facilities for child care
defined in this Act and that are | ||||||
| 4 | equally applicable to like institutions
under the control of | ||||||
| 5 | the Department and to foster family homes used by and
under the | ||||||
| 6 | direct supervision of the Department. The Department shall seek
| ||||||
| 7 | the advice and assistance of persons representative of the | ||||||
| 8 | various types of
child care facilities in establishing such | ||||||
| 9 | standards. The standards
prescribed and published under this | ||||||
| 10 | Act take effect as provided in the
Illinois Administrative | ||||||
| 11 | Procedure Act, and are restricted to
regulations pertaining to | ||||||
| 12 | the following matters and to any rules and regulations required | ||||||
| 13 | or permitted by any other Section of this Act:
| ||||||
| 14 | (1) The operation and conduct of the facility and | ||||||
| 15 | responsibility it
assumes for child care;
| ||||||
| 16 | (2) The character, suitability and qualifications of | ||||||
| 17 | the applicant and
other persons directly responsible for | ||||||
| 18 | the care and welfare of children
served. All child day care | ||||||
| 19 | center licensees and employees who are required
to
report | ||||||
| 20 | child abuse or neglect under the Abused and Neglected Child | ||||||
| 21 | Reporting
Act shall be required to attend training on | ||||||
| 22 | recognizing child abuse and
neglect, as prescribed by | ||||||
| 23 | Department rules;
| ||||||
| 24 | (3) The general financial ability and competence of the | ||||||
| 25 | applicant to
provide necessary care for children and to | ||||||
| 26 | maintain prescribed standards;
| ||||||
| |||||||
| |||||||
| 1 | (4) The number of individuals or staff required to | ||||||
| 2 | insure adequate
supervision and care of the children | ||||||
| 3 | received. The standards shall provide
that each child care | ||||||
| 4 | institution, maternity center, day care center,
group | ||||||
| 5 | home, day care home, and group day care home shall have on | ||||||
| 6 | its
premises during its hours of operation at
least one | ||||||
| 7 | staff member certified in first aid, in the Heimlich | ||||||
| 8 | maneuver and
in cardiopulmonary resuscitation by the | ||||||
| 9 | American Red Cross or other
organization approved by rule | ||||||
| 10 | of the Department. Child welfare agencies
shall not be | ||||||
| 11 | subject to such a staffing requirement. The Department may
| ||||||
| 12 | offer, or arrange for the offering, on a periodic basis in | ||||||
| 13 | each community
in this State in cooperation with the | ||||||
| 14 | American Red Cross, the American
Heart Association or other | ||||||
| 15 | appropriate organization, voluntary programs to
train | ||||||
| 16 | operators of foster family homes and day care homes in | ||||||
| 17 | first aid and
cardiopulmonary resuscitation;
| ||||||
| 18 | (5) The appropriateness, safety, cleanliness and | ||||||
| 19 | general adequacy of the
premises, including maintenance of | ||||||
| 20 | adequate fire prevention and health
standards conforming | ||||||
| 21 | to State laws and municipal codes to provide for the
| ||||||
| 22 | physical comfort, care and well-being of children | ||||||
| 23 | received;
| ||||||
| 24 | (6) Provisions for food, clothing, educational | ||||||
| 25 | opportunities, program,
equipment and individual supplies | ||||||
| 26 | to assure the healthy physical, mental
and spiritual | ||||||
| |||||||
| |||||||
| 1 | development of children served;
| ||||||
| 2 | (7) Provisions to safeguard the legal rights of | ||||||
| 3 | children served;
| ||||||
| 4 | (8) Maintenance of records pertaining to the | ||||||
| 5 | admission, progress, health
and discharge of children, | ||||||
| 6 | including, for day care centers and day care
homes, records | ||||||
| 7 | indicating each child has been immunized as required by | ||||||
| 8 | State
regulations. The Department shall require proof that | ||||||
| 9 | children enrolled in
a facility have been immunized against | ||||||
| 10 | Haemophilus Influenzae B (HIB);
| ||||||
| 11 | (9) Filing of reports with the Department;
| ||||||
| 12 | (10) Discipline of children;
| ||||||
| 13 | (11) Protection and fostering of the particular
| ||||||
| 14 | religious faith of the children served;
| ||||||
| 15 | (12) Provisions prohibiting firearms on day care | ||||||
| 16 | center premises
except in the possession of peace officers;
| ||||||
| 17 | (13) Provisions prohibiting handguns on day care home | ||||||
| 18 | premises except in
the possession of peace officers or | ||||||
| 19 | other adults who must possess a handgun
as a condition of | ||||||
| 20 | employment and who reside on the premises of a day care | ||||||
| 21 | home;
| ||||||
| 22 | (14) Provisions requiring that any firearm permitted | ||||||
| 23 | on day care home
premises, except handguns in the | ||||||
| 24 | possession of peace officers, shall be
kept in a | ||||||
| 25 | disassembled state, without ammunition, in locked storage,
| ||||||
| 26 | inaccessible to children and that ammunition permitted on | ||||||
| |||||||
| |||||||
| 1 | day care home
premises shall be kept in locked storage | ||||||
| 2 | separate from that of disassembled
firearms, inaccessible | ||||||
| 3 | to children;
| ||||||
| 4 | (15) Provisions requiring notification of parents or | ||||||
| 5 | guardians enrolling
children at a day care home of the | ||||||
| 6 | presence in the day care home of any
firearms and | ||||||
| 7 | ammunition and of the arrangements for the separate, locked
| ||||||
| 8 | storage of such firearms and ammunition; and
| ||||||
| 9 | (16) Provisions requiring all licensed child care | ||||||
| 10 | facility employees who care for newborns and infants to | ||||||
| 11 | complete training every 3 years on the nature of sudden | ||||||
| 12 | unexpected infant death (SUID), sudden infant death | ||||||
| 13 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
| 14 | American Academy of Pediatrics. | ||||||
| 15 | (b) If, in a facility for general child care, there are | ||||||
| 16 | children
diagnosed as mentally ill or children diagnosed as | ||||||
| 17 | having an intellectual or physical disability , intellectually | ||||||
| 18 | disabled or physically handicapped, who
are determined to be in | ||||||
| 19 | need of special mental treatment or of nursing
care, or both | ||||||
| 20 | mental treatment and nursing care, the Department shall seek
| ||||||
| 21 | the advice and recommendation of the Department of Human | ||||||
| 22 | Services,
the Department of Public Health, or both
Departments | ||||||
| 23 | regarding the residential treatment and nursing care provided
| ||||||
| 24 | by the institution.
| ||||||
| 25 | (c) The Department shall investigate any person applying to | ||||||
| 26 | be
licensed as a foster parent to determine whether there is | ||||||
| |||||||
| |||||||
| 1 | any evidence of
current drug or alcohol abuse in the | ||||||
| 2 | prospective foster family. The
Department shall not license a | ||||||
| 3 | person as a foster parent if drug or alcohol
abuse has been | ||||||
| 4 | identified in the foster family or if a reasonable suspicion
of | ||||||
| 5 | such abuse exists, except that the Department may grant a | ||||||
| 6 | foster parent
license to an applicant identified with an | ||||||
| 7 | alcohol or drug problem if the
applicant has successfully | ||||||
| 8 | participated in an alcohol or drug treatment
program, self-help | ||||||
| 9 | group, or other suitable activities.
| ||||||
| 10 | (d) The Department, in applying standards prescribed and | ||||||
| 11 | published, as
herein provided, shall offer consultation | ||||||
| 12 | through employed staff or other
qualified persons to assist | ||||||
| 13 | applicants and licensees in meeting and
maintaining minimum | ||||||
| 14 | requirements for a license and to help them otherwise
to | ||||||
| 15 | achieve programs of excellence related to the care of children | ||||||
| 16 | served.
Such consultation shall include providing information | ||||||
| 17 | concerning education
and training in early childhood | ||||||
| 18 | development to providers of day care home
services. The | ||||||
| 19 | Department may provide or arrange for such education and
| ||||||
| 20 | training for those providers who request such assistance.
| ||||||
| 21 | (e) The Department shall distribute copies of licensing
| ||||||
| 22 | standards to all licensees and applicants for a license. Each | ||||||
| 23 | licensee or
holder of a permit shall distribute copies of the | ||||||
| 24 | appropriate licensing
standards and any other information | ||||||
| 25 | required by the Department to child
care facilities under its | ||||||
| 26 | supervision. Each licensee or holder of a permit
shall maintain | ||||||
| |||||||
| |||||||
| 1 | appropriate documentation of the distribution of the
| ||||||
| 2 | standards. Such documentation shall be part of the records of | ||||||
| 3 | the facility
and subject to inspection by authorized | ||||||
| 4 | representatives of the Department.
| ||||||
| 5 | (f) The Department shall prepare summaries of day care | ||||||
| 6 | licensing
standards. Each licensee or holder of a permit for a | ||||||
| 7 | day care facility
shall distribute a copy of the appropriate | ||||||
| 8 | summary and any other
information required by the Department, | ||||||
| 9 | to the legal guardian of each child
cared for in that facility | ||||||
| 10 | at the time when the child is enrolled or
initially placed in | ||||||
| 11 | the facility. The licensee or holder of a permit for a
day care | ||||||
| 12 | facility shall secure appropriate documentation of the
| ||||||
| 13 | distribution of the summary and brochure. Such documentation | ||||||
| 14 | shall be a
part of the records of the facility and subject to | ||||||
| 15 | inspection by an
authorized representative of the Department.
| ||||||
| 16 | (g) The Department shall distribute to each licensee and
| ||||||
| 17 | holder of a permit copies of the licensing or permit standards | ||||||
| 18 | applicable
to such person's facility. Each licensee or holder | ||||||
| 19 | of a permit shall make
available by posting at all times in a | ||||||
| 20 | common or otherwise accessible area
a complete and current set | ||||||
| 21 | of licensing standards in order that all
employees of the | ||||||
| 22 | facility may have unrestricted access to such standards.
All | ||||||
| 23 | employees of the facility shall have reviewed the standards and | ||||||
| 24 | any
subsequent changes. Each licensee or holder of a permit | ||||||
| 25 | shall maintain
appropriate documentation of the current review | ||||||
| 26 | of licensing standards by
all employees. Such records shall be | ||||||
| |||||||
| |||||||
| 1 | part of the records of the facility
and subject to inspection | ||||||
| 2 | by authorized representatives of the Department.
| ||||||
| 3 | (h) Any standards involving physical examinations, | ||||||
| 4 | immunization,
or medical treatment shall include appropriate | ||||||
| 5 | exemptions for children
whose parents object thereto on the | ||||||
| 6 | grounds that they conflict with the
tenets and practices of a | ||||||
| 7 | recognized church or religious organization, of
which the | ||||||
| 8 | parent is an adherent or member, and for children who should | ||||||
| 9 | not
be subjected to immunization for clinical reasons.
| ||||||
| 10 | (i) The Department, in cooperation with the Department of | ||||||
| 11 | Public Health, shall work to increase immunization awareness | ||||||
| 12 | and participation among parents of children enrolled in day | ||||||
| 13 | care centers and day care homes by publishing on the | ||||||
| 14 | Department's website information about the benefits of | ||||||
| 15 | immunization against vaccine preventable diseases, including | ||||||
| 16 | influenza and pertussis. The information for vaccine | ||||||
| 17 | preventable diseases shall include the incidence and severity | ||||||
| 18 | of the diseases, the availability of vaccines, and the | ||||||
| 19 | importance of immunizing children and persons who frequently | ||||||
| 20 | have close contact with children. The website content shall be | ||||||
| 21 | reviewed annually in collaboration with the Department of | ||||||
| 22 | Public Health to reflect the most current recommendations of | ||||||
| 23 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
| 24 | Department shall work with day care centers and day care homes | ||||||
| 25 | licensed under this Act to ensure that the information is | ||||||
| 26 | annually distributed to parents in August or September. | ||||||
| |||||||
| |||||||
| 1 | (j) Any standard adopted by the Department that requires an | ||||||
| 2 | applicant for a license to operate a day care home to include a | ||||||
| 3 | copy of a high school diploma or equivalent certificate with | ||||||
| 4 | his or her application shall be deemed to be satisfied if the | ||||||
| 5 | applicant includes a copy of a high school diploma or | ||||||
| 6 | equivalent certificate or a copy of a degree from an accredited | ||||||
| 7 | institution of higher education or vocational institution or | ||||||
| 8 | equivalent certificate. | ||||||
| 9 | (Source: P.A. 97-83, eff. 1-1-12; 97-227, eff. 1-1-12; 97-494, | ||||||
| 10 | eff. 8-22-11; 97-813, eff. 7-13-12; 98-817, eff. 1-1-15.)
| ||||||
| 11 | Section 570. The Illinois Dental Practice Act is amended by | ||||||
| 12 | changing Section 13 as follows:
| ||||||
| 13 | (225 ILCS 25/13) (from Ch. 111, par. 2313)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 15 | Sec. 13. Qualifications of Applicants for Dental | ||||||
| 16 | Hygienists. Every
person who desires to obtain a license as a | ||||||
| 17 | dental hygienist shall apply to the
Department in writing, upon | ||||||
| 18 | forms prepared
and furnished by the Department. Each | ||||||
| 19 | application shall contain proof of
the particular | ||||||
| 20 | qualifications required of the applicant, shall be verified
by | ||||||
| 21 | the applicant, under oath, and shall be accompanied by the | ||||||
| 22 | required
examination fee.
| ||||||
| 23 | The Department shall require that every applicant for a | ||||||
| 24 | license
as a dental hygienist shall:
| ||||||
| |||||||
| |||||||
| 1 | (1) (Blank).
| ||||||
| 2 | (2) Be a graduate of high school
or its equivalent.
| ||||||
| 3 | (3) Present satisfactory evidence of having successfully | ||||||
| 4 | completed 2 academic
years of credit at a dental hygiene | ||||||
| 5 | program accredited by the Commission on
Dental Accreditation of | ||||||
| 6 | the American Dental Association.
| ||||||
| 7 | (4) Submit evidence that he or she holds a currently valid | ||||||
| 8 | certification to
perform cardiopulmonary resuscitation. The | ||||||
| 9 | Department shall adopt rules
establishing criteria for | ||||||
| 10 | certification in cardiopulmonary resuscitation.
The rules of | ||||||
| 11 | the Department shall provide for variances only in instances
| ||||||
| 12 | where the applicant is a person with a physical disability | ||||||
| 13 | physically disabled and therefore unable to secure
such | ||||||
| 14 | certification.
| ||||||
| 15 | (5) (Blank).
| ||||||
| 16 | (6) Present satisfactory evidence that the applicant has | ||||||
| 17 | passed the National Board Dental Hygiene Examination | ||||||
| 18 | administered by the Joint Commission on National Dental | ||||||
| 19 | Examinations and has successfully completed an examination | ||||||
| 20 | conducted by one of the following regional testing services: | ||||||
| 21 | the Central Regional Dental Testing Service, Inc. (CRDTS), the | ||||||
| 22 | Southern Regional Testing Agency, Inc. (SRTA), the Western | ||||||
| 23 | Regional Examining Board (WREB), or the North East Regional | ||||||
| 24 | Board (NERB). For the purposes of this Section, successful | ||||||
| 25 | completion shall mean that the applicant has achieved a minimum | ||||||
| 26 | passing score as determined by the applicable regional testing | ||||||
| |||||||
| |||||||
| 1 | service. The Secretary may suspend a regional testing service | ||||||
| 2 | under this item (6) if, after proper notice and hearing, it is | ||||||
| 3 | established that (i) the integrity of the examination has been | ||||||
| 4 | breached so as to make future test results unreliable or (ii) | ||||||
| 5 | the examination is fundamentally deficient in testing clinical | ||||||
| 6 | competency.
| ||||||
| 7 | (Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)
| ||||||
| 8 | Section 575. The Health Care Worker Background Check Act is | ||||||
| 9 | amended by changing Section 5 as follows:
| ||||||
| 10 | (225 ILCS 46/5)
| ||||||
| 11 | Sec. 5. Purpose. The General Assembly finds that it is in | ||||||
| 12 | the public
interest to protect the citizens of the State of
| ||||||
| 13 | Illinois who are the most frail and who are persons with | ||||||
| 14 | disabilities disabled citizens of the State of
Illinois from | ||||||
| 15 | possible harm
through a criminal background check of certain | ||||||
| 16 | health care workers and all employees of licensed and certified | ||||||
| 17 | long-term care facilities who have or may have contact with | ||||||
| 18 | residents or have access to the living quarters or the | ||||||
| 19 | financial, medical, or personal records of residents.
| ||||||
| 20 | (Source: P.A. 94-665, eff. 1-1-06.)
| ||||||
| 21 | Section 580. The Home Medical Equipment and Services | ||||||
| 22 | Provider License Act is amended by changing Section 10 as | ||||||
| 23 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 51/10)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 3 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 4 | (1) "Department" means the Department of Financial and
| ||||||
| 5 | Professional
Regulation.
| ||||||
| 6 | (2) "Secretary"
means the Secretary
of Financial and | ||||||
| 7 | Professional Regulation.
| ||||||
| 8 | (3) "Board" means the Home Medical Equipment and
| ||||||
| 9 | Services Board.
| ||||||
| 10 | (4) "Home medical equipment and services provider" or | ||||||
| 11 | "provider" means a
legal
entity, as defined by State law, | ||||||
| 12 | engaged in the business of
providing home medical equipment | ||||||
| 13 | and services, whether directly
or through a contractual | ||||||
| 14 | arrangement, to an unrelated sick individual or an | ||||||
| 15 | unrelated individual with a disability or
disabled | ||||||
| 16 | individual where that individual resides.
| ||||||
| 17 | (5) "Home medical equipment and services" means the | ||||||
| 18 | delivery,
installation, maintenance, replacement, or | ||||||
| 19 | instruction in
the use of medical equipment used by a sick | ||||||
| 20 | individual or an individual with a disability or disabled
| ||||||
| 21 | individual to allow the individual to be maintained in his | ||||||
| 22 | or her
residence.
| ||||||
| 23 | (6) "Home medical equipment" means technologically | ||||||
| 24 | sophisticated
medical devices,
apparatuses, machines, or | ||||||
| 25 | other similar articles
bearing a label that states | ||||||
| |||||||
| |||||||
| 1 | "Caution: federal law requires dispensing by or on
the | ||||||
| 2 | order of a physician.", which are
usable in a home care | ||||||
| 3 | setting, including but not
limited to:
| ||||||
| 4 | (A) oxygen and oxygen delivery systems;
| ||||||
| 5 | (B) ventilators;
| ||||||
| 6 | (C) respiratory disease management devices, | ||||||
| 7 | excluding compressor driven
nebulizers;
| ||||||
| 8 | (D) wheelchair seating systems;
| ||||||
| 9 | (E) apnea monitors;
| ||||||
| 10 | (F) transcutaneous electrical nerve stimulator | ||||||
| 11 | (TENS) units;
| ||||||
| 12 | (G) low air-loss cutaneous pressure management | ||||||
| 13 | devices;
| ||||||
| 14 | (H) sequential compression devices;
| ||||||
| 15 | (I) neonatal home phototherapy devices;
| ||||||
| 16 | (J) enteral feeding pumps; and
| ||||||
| 17 | (K) other similar equipment as defined by the | ||||||
| 18 | Board.
| ||||||
| 19 | "Home medical equipment" also includes hospital beds | ||||||
| 20 | and electronic and
computer-driven wheelchairs, excluding | ||||||
| 21 | scooters.
| ||||||
| 22 | (7) "Address of record" means the designated address | ||||||
| 23 | recorded by the Department in the applicant's or licensee's | ||||||
| 24 | application file or license file maintained by the | ||||||
| 25 | Department's licensure maintenance unit. It is the duty of | ||||||
| 26 | the applicant or licensee to inform the Department of any | ||||||
| |||||||
| |||||||
| 1 | change of address, and such changes must be made either | ||||||
| 2 | through the Department's website or by contacting the | ||||||
| 3 | Department's licensure maintenance unit.
| ||||||
| 4 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
| 5 | Section 585. The Medical Practice Act of 1987 is amended by | ||||||
| 6 | changing Section 23 as follows:
| ||||||
| 7 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
| 8 | (Section scheduled to be repealed on December 31, 2015)
| ||||||
| 9 | Sec. 23. Reports relating to professional conduct
and | ||||||
| 10 | capacity. | ||||||
| 11 | (A) Entities required to report.
| ||||||
| 12 | (1) Health care institutions. The chief administrator
| ||||||
| 13 | or executive officer of any health care institution | ||||||
| 14 | licensed
by the Illinois Department of Public Health shall | ||||||
| 15 | report to
the Disciplinary Board when any person's clinical | ||||||
| 16 | privileges
are terminated or are restricted based on a | ||||||
| 17 | final
determination made in accordance with that | ||||||
| 18 | institution's by-laws
or rules and regulations that a | ||||||
| 19 | person has either committed
an act or acts which may | ||||||
| 20 | directly threaten patient care or that a person may have a | ||||||
| 21 | mental or physical disability that may be mentally or
| ||||||
| 22 | physically disabled in such a manner as to endanger | ||||||
| 23 | patients
under that person's care. Such officer also shall | ||||||
| 24 | report if
a person accepts voluntary termination or | ||||||
| |||||||
| |||||||
| 1 | restriction of
clinical privileges in lieu of formal action | ||||||
| 2 | based upon conduct related
directly to patient care or in | ||||||
| 3 | lieu of formal action
seeking to determine whether a person | ||||||
| 4 | may have a mental or physical disability that may be | ||||||
| 5 | mentally or
physically disabled in such a manner as to | ||||||
| 6 | endanger patients
under that person's care. The | ||||||
| 7 | Disciplinary Board
shall, by rule, provide for the | ||||||
| 8 | reporting to it by health care institutions of all
| ||||||
| 9 | instances in which a person, licensed under this Act, who | ||||||
| 10 | is
impaired by reason of age, drug or alcohol abuse or | ||||||
| 11 | physical
or mental impairment, is under supervision and, | ||||||
| 12 | where
appropriate, is in a program of rehabilitation. Such
| ||||||
| 13 | reports shall be strictly confidential and may be reviewed
| ||||||
| 14 | and considered only by the members of the Disciplinary
| ||||||
| 15 | Board, or by authorized staff as provided by rules of the
| ||||||
| 16 | Disciplinary Board. Provisions shall be made for the
| ||||||
| 17 | periodic report of the status of any such person not less
| ||||||
| 18 | than twice annually in order that the Disciplinary Board
| ||||||
| 19 | shall have current information upon which to determine the
| ||||||
| 20 | status of any such person. Such initial and periodic
| ||||||
| 21 | reports of impaired physicians shall not be considered
| ||||||
| 22 | records within the meaning of The State Records Act and
| ||||||
| 23 | shall be disposed of, following a determination by the
| ||||||
| 24 | Disciplinary Board that such reports are no longer | ||||||
| 25 | required,
in a manner and at such time as the Disciplinary | ||||||
| 26 | Board shall
determine by rule. The filing of such reports | ||||||
| |||||||
| |||||||
| 1 | shall be
construed as the filing of a report for purposes | ||||||
| 2 | of
subsection (C) of this Section.
| ||||||
| 3 | (1.5) Clinical training programs. The program director | ||||||
| 4 | of any post-graduate clinical training program shall | ||||||
| 5 | report to the Disciplinary Board if a person engaged in a | ||||||
| 6 | post-graduate clinical training program at the | ||||||
| 7 | institution, including, but not limited to, a residency or | ||||||
| 8 | fellowship, separates from the program for any reason prior | ||||||
| 9 | to its conclusion. The program director shall provide all | ||||||
| 10 | documentation relating to the separation if, after review | ||||||
| 11 | of the report, the Disciplinary Board determines that a | ||||||
| 12 | review of those documents is necessary to determine whether | ||||||
| 13 | a violation of this Act occurred.
| ||||||
| 14 | (2) Professional associations. The President or chief
| ||||||
| 15 | executive officer of any association or society, of persons
| ||||||
| 16 | licensed under this Act, operating within this State shall
| ||||||
| 17 | report to the Disciplinary Board when the association or
| ||||||
| 18 | society renders a final determination that a person has
| ||||||
| 19 | committed unprofessional conduct related directly to | ||||||
| 20 | patient
care or that a person may have a mental or physical | ||||||
| 21 | disability that may be mentally or physically disabled
in | ||||||
| 22 | such a manner as to endanger patients under that person's
| ||||||
| 23 | care.
| ||||||
| 24 | (3) Professional liability insurers. Every insurance
| ||||||
| 25 | company which offers policies of professional liability
| ||||||
| 26 | insurance to persons licensed under this Act, or any other
| ||||||
| |||||||
| |||||||
| 1 | entity which seeks to indemnify the professional liability
| ||||||
| 2 | of a person licensed under this Act, shall report to the
| ||||||
| 3 | Disciplinary Board the settlement of any claim or cause of
| ||||||
| 4 | action, or final judgment rendered in any cause of action,
| ||||||
| 5 | which alleged negligence in the furnishing of medical care
| ||||||
| 6 | by such licensed person when such settlement or final
| ||||||
| 7 | judgment is in favor of the plaintiff.
| ||||||
| 8 | (4) State's Attorneys. The State's Attorney of each
| ||||||
| 9 | county shall report to the Disciplinary Board, within 5 | ||||||
| 10 | days, any instances
in which a person licensed under this | ||||||
| 11 | Act is convicted of any felony or Class A misdemeanor. The | ||||||
| 12 | State's Attorney
of each county may report to the | ||||||
| 13 | Disciplinary Board through a verified
complaint any | ||||||
| 14 | instance in which the State's Attorney believes that a | ||||||
| 15 | physician
has willfully violated the notice requirements | ||||||
| 16 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
| 17 | (5) State agencies. All agencies, boards,
commissions, | ||||||
| 18 | departments, or other instrumentalities of the
government | ||||||
| 19 | of the State of Illinois shall report to the
Disciplinary | ||||||
| 20 | Board any instance arising in connection with
the | ||||||
| 21 | operations of such agency, including the administration
of | ||||||
| 22 | any law by such agency, in which a person licensed under
| ||||||
| 23 | this Act has either committed an act or acts which may be a
| ||||||
| 24 | violation of this Act or which may constitute | ||||||
| 25 | unprofessional
conduct related directly to patient care or | ||||||
| 26 | which indicates
that a person licensed under this Act may | ||||||
| |||||||
| |||||||
| 1 | have a mental or physical disability that may be mentally | ||||||
| 2 | or
physically disabled in such a manner as to endanger | ||||||
| 3 | patients
under that person's care.
| ||||||
| 4 | (B) Mandatory reporting. All reports required by items | ||||||
| 5 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
| 6 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
| 7 | timely
fashion. Unless otherwise provided in this Section, the | ||||||
| 8 | reports shall be filed in writing within 60
days after a | ||||||
| 9 | determination that a report is required under
this Act. All | ||||||
| 10 | reports shall contain the following
information:
| ||||||
| 11 | (1) The name, address and telephone number of the
| ||||||
| 12 | person making the report.
| ||||||
| 13 | (2) The name, address and telephone number of the
| ||||||
| 14 | person who is the subject of the report.
| ||||||
| 15 | (3) The name and date of birth of any
patient or | ||||||
| 16 | patients whose treatment is a subject of the
report, if | ||||||
| 17 | available, or other means of identification if such | ||||||
| 18 | information is not available, identification of the | ||||||
| 19 | hospital or other
healthcare facility where the care at | ||||||
| 20 | issue in the report was rendered,
provided, however, no | ||||||
| 21 | medical records may be
revealed.
| ||||||
| 22 | (4) A brief description of the facts which gave rise
to | ||||||
| 23 | the issuance of the report, including the dates of any
| ||||||
| 24 | occurrences deemed to necessitate the filing of the report.
| ||||||
| 25 | (5) If court action is involved, the identity of the
| ||||||
| 26 | court in which the action is filed, along with the docket
| ||||||
| |||||||
| |||||||
| 1 | number and date of filing of the action.
| ||||||
| 2 | (6) Any further pertinent information which the
| ||||||
| 3 | reporting party deems to be an aid in the evaluation of the
| ||||||
| 4 | report.
| ||||||
| 5 | The Disciplinary Board or Department may also exercise the | ||||||
| 6 | power under Section
38 of this Act to subpoena copies of | ||||||
| 7 | hospital or medical records in mandatory
report cases alleging | ||||||
| 8 | death or permanent bodily injury. Appropriate
rules shall be | ||||||
| 9 | adopted by the Department with the approval of the Disciplinary
| ||||||
| 10 | Board.
| ||||||
| 11 | When the Department has received written reports | ||||||
| 12 | concerning incidents
required to be reported in items (34), | ||||||
| 13 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
| 14 | failure to report the incident to the Department
under those | ||||||
| 15 | items shall not be the sole grounds for disciplinary action.
| ||||||
| 16 | Nothing contained in this Section shall act to in any
way, | ||||||
| 17 | waive or modify the confidentiality of medical reports
and | ||||||
| 18 | committee reports to the extent provided by law. Any
| ||||||
| 19 | information reported or disclosed shall be kept for the
| ||||||
| 20 | confidential use of the Disciplinary Board, the Medical
| ||||||
| 21 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
| 22 | investigative staff, and authorized clerical staff,
as | ||||||
| 23 | provided in this Act, and shall be afforded the same
status as | ||||||
| 24 | is provided information concerning medical studies
in Part 21 | ||||||
| 25 | of Article VIII of the Code of Civil Procedure, except that the | ||||||
| 26 | Department may disclose information and documents to a federal, | ||||||
| |||||||
| |||||||
| 1 | State, or local law enforcement agency pursuant to a subpoena | ||||||
| 2 | in an ongoing criminal investigation or to a health care | ||||||
| 3 | licensing body or medical licensing authority of this State or | ||||||
| 4 | another state or jurisdiction pursuant to an official request | ||||||
| 5 | made by that licensing body or medical licensing authority. | ||||||
| 6 | Furthermore, information and documents disclosed to a federal, | ||||||
| 7 | State, or local law enforcement agency may be used by that | ||||||
| 8 | agency only for the investigation and prosecution of a criminal | ||||||
| 9 | offense, or, in the case of disclosure to a health care | ||||||
| 10 | licensing body or medical licensing authority, only for | ||||||
| 11 | investigations and disciplinary action proceedings with regard | ||||||
| 12 | to a license. Information and documents disclosed to the | ||||||
| 13 | Department of Public Health may be used by that Department only | ||||||
| 14 | for investigation and disciplinary action regarding the | ||||||
| 15 | license of a health care institution licensed by the Department | ||||||
| 16 | of Public Health.
| ||||||
| 17 | (C) Immunity from prosecution. Any individual or
| ||||||
| 18 | organization acting in good faith, and not in a wilful and
| ||||||
| 19 | wanton manner, in complying with this Act by providing any
| ||||||
| 20 | report or other information to the Disciplinary Board or a peer | ||||||
| 21 | review committee, or
assisting in the investigation or | ||||||
| 22 | preparation of such
information, or by voluntarily reporting to | ||||||
| 23 | the Disciplinary Board
or a peer review committee information | ||||||
| 24 | regarding alleged errors or negligence by a person licensed | ||||||
| 25 | under this Act, or by participating in proceedings of the
| ||||||
| 26 | Disciplinary Board or a peer review committee, or by serving as | ||||||
| |||||||
| |||||||
| 1 | a member of the
Disciplinary Board or a peer review committee, | ||||||
| 2 | shall not, as a result of such actions,
be subject to criminal | ||||||
| 3 | prosecution or civil damages.
| ||||||
| 4 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
| 5 | the Licensing Board, the Medical Coordinators, the | ||||||
| 6 | Disciplinary Board's
attorneys, the medical investigative | ||||||
| 7 | staff, physicians
retained under contract to assist and advise | ||||||
| 8 | the medical
coordinators in the investigation, and authorized | ||||||
| 9 | clerical
staff shall be indemnified by the State for any | ||||||
| 10 | actions
occurring within the scope of services on the | ||||||
| 11 | Disciplinary
Board or Licensing Board, done in good faith and | ||||||
| 12 | not wilful and wanton in
nature. The Attorney General shall | ||||||
| 13 | defend all such actions
unless he or she determines either that | ||||||
| 14 | there would be a
conflict of interest in such representation or | ||||||
| 15 | that the
actions complained of were not in good faith or were | ||||||
| 16 | wilful
and wanton.
| ||||||
| 17 | Should the Attorney General decline representation, the
| ||||||
| 18 | member shall have the right to employ counsel of his or her
| ||||||
| 19 | choice, whose fees shall be provided by the State, after
| ||||||
| 20 | approval by the Attorney General, unless there is a
| ||||||
| 21 | determination by a court that the member's actions were not
in | ||||||
| 22 | good faith or were wilful and wanton.
| ||||||
| 23 | The member must notify the Attorney General within 7
days | ||||||
| 24 | of receipt of notice of the initiation of any action
involving | ||||||
| 25 | services of the Disciplinary Board. Failure to so
notify the | ||||||
| 26 | Attorney General shall constitute an absolute
waiver of the | ||||||
| |||||||
| |||||||
| 1 | right to a defense and indemnification.
| ||||||
| 2 | The Attorney General shall determine within 7 days
after | ||||||
| 3 | receiving such notice, whether he or she will
undertake to | ||||||
| 4 | represent the member.
| ||||||
| 5 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
| 6 | of any report called for by this Act, other than
those reports | ||||||
| 7 | of impaired persons licensed under this Act
required pursuant | ||||||
| 8 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
| 9 | shall notify in writing, by certified
mail, the person who is | ||||||
| 10 | the subject of the report. Such
notification shall be made | ||||||
| 11 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
| 12 | report.
| ||||||
| 13 | The notification shall include a written notice setting
| ||||||
| 14 | forth the person's right to examine the report. Included in
| ||||||
| 15 | such notification shall be the address at which the file is
| ||||||
| 16 | maintained, the name of the custodian of the reports, and
the | ||||||
| 17 | telephone number at which the custodian may be reached.
The | ||||||
| 18 | person who is the subject of the report shall submit a written | ||||||
| 19 | statement responding,
clarifying, adding to, or proposing the | ||||||
| 20 | amending of the
report previously filed. The person who is the | ||||||
| 21 | subject of the report shall also submit with the written | ||||||
| 22 | statement any medical records related to the report. The | ||||||
| 23 | statement and accompanying medical records shall become a
| ||||||
| 24 | permanent part of the file and must be received by the
| ||||||
| 25 | Disciplinary Board no more than
30 days after the date on
which | ||||||
| 26 | the person was notified by the Disciplinary Board of the | ||||||
| |||||||
| |||||||
| 1 | existence of
the
original report.
| ||||||
| 2 | The Disciplinary Board shall review all reports
received by | ||||||
| 3 | it, together with any supporting information and
responding | ||||||
| 4 | statements submitted by persons who are the
subject of reports. | ||||||
| 5 | The review by the Disciplinary Board
shall be in a timely | ||||||
| 6 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
| 7 | review of the material
contained in each disciplinary file be | ||||||
| 8 | less than 61 days nor
more than 180 days after the receipt of | ||||||
| 9 | the initial report
by the Disciplinary Board.
| ||||||
| 10 | When the Disciplinary Board makes its initial review of
the | ||||||
| 11 | materials contained within its disciplinary files, the
| ||||||
| 12 | Disciplinary Board shall, in writing, make a determination
as | ||||||
| 13 | to whether there are sufficient facts to warrant further
| ||||||
| 14 | investigation or action. Failure to make such determination
| ||||||
| 15 | within the time provided shall be deemed to be a
determination | ||||||
| 16 | that there are not sufficient facts to warrant
further | ||||||
| 17 | investigation or action.
| ||||||
| 18 | Should the Disciplinary Board find that there are not
| ||||||
| 19 | sufficient facts to warrant further investigation, or
action, | ||||||
| 20 | the report shall be accepted for filing and the
matter shall be | ||||||
| 21 | deemed closed and so reported to the Secretary. The Secretary
| ||||||
| 22 | shall then have 30 days to accept the Disciplinary Board's | ||||||
| 23 | decision or
request further investigation. The Secretary shall | ||||||
| 24 | inform the Board
of the decision to request further | ||||||
| 25 | investigation, including the specific
reasons for the | ||||||
| 26 | decision. The
individual or entity filing the original report | ||||||
| |||||||
| |||||||
| 1 | or complaint
and the person who is the subject of the report or | ||||||
| 2 | complaint
shall be notified in writing by the Secretary of
any | ||||||
| 3 | final action on their report or complaint. The Department shall | ||||||
| 4 | disclose to the individual or entity who filed the original | ||||||
| 5 | report or complaint, on request, the status of the Disciplinary | ||||||
| 6 | Board's review of a specific report or complaint. Such request | ||||||
| 7 | may be made at any time, including prior to the Disciplinary | ||||||
| 8 | Board's determination as to whether there are sufficient facts | ||||||
| 9 | to warrant further investigation or action.
| ||||||
| 10 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
| 11 | on a timely basis, but in no event less than once
every other | ||||||
| 12 | month, a summary report of final disciplinary actions taken
| ||||||
| 13 | upon disciplinary files maintained by the Disciplinary Board.
| ||||||
| 14 | The summary reports shall be made available to the public upon | ||||||
| 15 | request and payment of the fees set by the Department. This | ||||||
| 16 | publication may be made available to the public on the | ||||||
| 17 | Department's website. Information or documentation relating to | ||||||
| 18 | any disciplinary file that is closed without disciplinary | ||||||
| 19 | action taken shall not be disclosed and shall be afforded the | ||||||
| 20 | same status as is provided by Part 21 of Article VIII of the | ||||||
| 21 | Code of Civil Procedure.
| ||||||
| 22 | (G) Any violation of this Section shall be a Class A
| ||||||
| 23 | misdemeanor.
| ||||||
| 24 | (H) If any such person violates the provisions of this
| ||||||
| 25 | Section an action may be brought in the name of the People
of | ||||||
| 26 | the State of Illinois, through the Attorney General of
the | ||||||
| |||||||
| |||||||
| 1 | State of Illinois, for an order enjoining such violation
or for | ||||||
| 2 | an order enforcing compliance with this Section.
Upon filing of | ||||||
| 3 | a verified petition in such court, the court
may issue a | ||||||
| 4 | temporary restraining order without notice or
bond and may | ||||||
| 5 | preliminarily or permanently enjoin such
violation, and if it | ||||||
| 6 | is established that such person has
violated or is violating | ||||||
| 7 | the injunction, the court may
punish the offender for contempt | ||||||
| 8 | of court. Proceedings
under this paragraph shall be in addition | ||||||
| 9 | to, and not in
lieu of, all other remedies and penalties | ||||||
| 10 | provided for by
this Section.
| ||||||
| 11 | (Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; | ||||||
| 12 | 98-601, eff. 12-30-13.)
| ||||||
| 13 | Section 590. The Nurse Practice Act is amended by changing | ||||||
| 14 | Section 65-65 as follows:
| ||||||
| 15 | (225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
| ||||||
| 16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 17 | Sec. 65-65. Reports relating to APN professional conduct | ||||||
| 18 | and
capacity. | ||||||
| 19 | (a) Entities Required to Report.
| ||||||
| 20 | (1) Health Care Institutions. The chief
administrator | ||||||
| 21 | or executive officer of a health care
institution licensed | ||||||
| 22 | by the Department of Public
Health, which provides the | ||||||
| 23 | minimum due process set forth
in Section 10.4 of the | ||||||
| 24 | Hospital Licensing Act, shall
report to the Board when an | ||||||
| |||||||
| |||||||
| 1 | advanced practice nurse's organized professional staff
| ||||||
| 2 | clinical
privileges are terminated or are restricted based | ||||||
| 3 | on a
final determination, in accordance with that
| ||||||
| 4 | institution's bylaws or rules and regulations, that (i) a
| ||||||
| 5 | person has either committed an act or acts that may
| ||||||
| 6 | directly threaten patient care and that are not of an
| ||||||
| 7 | administrative nature or (ii) that a person may have a | ||||||
| 8 | mental or physical disability be mentally
or physically | ||||||
| 9 | disabled in a manner that may endanger
patients under that | ||||||
| 10 | person's care. The chief administrator or officer
shall | ||||||
| 11 | also report if an advanced practice nurse accepts voluntary | ||||||
| 12 | termination or
restriction of clinical privileges in lieu | ||||||
| 13 | of formal
action based upon conduct related directly to | ||||||
| 14 | patient
care and not of an administrative nature, or in | ||||||
| 15 | lieu of
formal action seeking to determine whether a person | ||||||
| 16 | may
have a mental or physical disability be mentally or | ||||||
| 17 | physically disabled in a manner that may
endanger patients | ||||||
| 18 | under that person's care. The
Board shall provide by rule | ||||||
| 19 | for the reporting to it of
all instances in which a person | ||||||
| 20 | licensed under this Article, who is impaired by reason of | ||||||
| 21 | age, drug, or
alcohol abuse or physical or mental | ||||||
| 22 | impairment, is under
supervision and, where appropriate, | ||||||
| 23 | is in a program of
rehabilitation. Reports submitted under | ||||||
| 24 | this subsection shall be strictly
confidential and may be | ||||||
| 25 | reviewed and considered only by
the members of the Board or | ||||||
| 26 | authorized staff as
provided by rule of the Board. | ||||||
| |||||||
| |||||||
| 1 | Provisions shall be
made for the periodic report of the | ||||||
| 2 | status of any such reported
person not less than twice | ||||||
| 3 | annually in order that the
Board shall have current | ||||||
| 4 | information upon which to
determine the status of that | ||||||
| 5 | person. Initial
and periodic reports of impaired advanced | ||||||
| 6 | practice
nurses shall not be considered records within
the | ||||||
| 7 | meaning of the State Records Act and shall be
disposed of, | ||||||
| 8 | following a determination by the
Board
that such reports | ||||||
| 9 | are no longer required, in a manner and
at an appropriate | ||||||
| 10 | time as the Board shall determine by rule.
The filing of | ||||||
| 11 | reports submitted under this subsection shall be construed | ||||||
| 12 | as the
filing of a report for purposes of subsection (c) of | ||||||
| 13 | this
Section.
| ||||||
| 14 | (2) Professional Associations. The President or
chief | ||||||
| 15 | executive officer of an association or society of
persons | ||||||
| 16 | licensed under this Article, operating within
this State, | ||||||
| 17 | shall report to the Board when the
association or society | ||||||
| 18 | renders a final determination that
a person licensed under | ||||||
| 19 | this Article has committed unprofessional conduct
related
| ||||||
| 20 | directly to patient care or that a person may have a mental | ||||||
| 21 | or physical disability be mentally
or physically disabled | ||||||
| 22 | in a manner that may endanger
patients under the person's | ||||||
| 23 | care.
| ||||||
| 24 | (3) Professional Liability Insurers. Every
insurance | ||||||
| 25 | company that offers policies of professional
liability | ||||||
| 26 | insurance to persons licensed under this
Article, or any | ||||||
| |||||||
| |||||||
| 1 | other entity that seeks to indemnify the
professional | ||||||
| 2 | liability of a person licensed under this
Article, shall | ||||||
| 3 | report to the Board the settlement of
any claim or cause of | ||||||
| 4 | action, or final judgment rendered
in any cause of action, | ||||||
| 5 | that alleged negligence in the
furnishing of patient care | ||||||
| 6 | by the licensee when
the settlement or final judgment is in | ||||||
| 7 | favor of the
plaintiff.
| ||||||
| 8 | (4) State's Attorneys. The State's Attorney of each
| ||||||
| 9 | county shall report to the Board all instances in
which a | ||||||
| 10 | person licensed under this Article is convicted
or | ||||||
| 11 | otherwise found guilty of the commission of a
felony.
| ||||||
| 12 | (5) State Agencies. All agencies, boards,
commissions, | ||||||
| 13 | departments, or other instrumentalities of
the government | ||||||
| 14 | of this State shall report to
the Board any instance | ||||||
| 15 | arising in connection with
the operations of the agency, | ||||||
| 16 | including the
administration of any law by the agency, in | ||||||
| 17 | which a
person licensed under this Article has either | ||||||
| 18 | committed
an act or acts that may constitute a violation of | ||||||
| 19 | this Article,
that may constitute unprofessional conduct | ||||||
| 20 | related
directly to patient care, or that indicates that a | ||||||
| 21 | person
licensed under this Article may have a mental or | ||||||
| 22 | physical disability be mentally or physically
disabled in a | ||||||
| 23 | manner that may endanger patients under
that person's care.
| ||||||
| 24 | (b) Mandatory Reporting. All reports required under items
| ||||||
| 25 | (16) and (17) of subsection (a) of Section 70-5 shall
be | ||||||
| 26 | submitted to
the
Board in a timely fashion. The reports shall | ||||||
| |||||||
| |||||||
| 1 | be filed in writing
within
60 days after a determination that a | ||||||
| 2 | report is required
under this Article. All reports shall | ||||||
| 3 | contain the following
information:
| ||||||
| 4 | (1) The name, address, and telephone number of the
| ||||||
| 5 | person making the report.
| ||||||
| 6 | (2) The name, address, and telephone number of the
| ||||||
| 7 | person who is the subject of the report.
| ||||||
| 8 | (3) The name or other means of identification of any
| ||||||
| 9 | patient or patients whose treatment is a subject of the
| ||||||
| 10 | report, except that no medical records may be
revealed | ||||||
| 11 | without the written consent of the patient or
patients.
| ||||||
| 12 | (4) A brief description of the facts that gave rise
to | ||||||
| 13 | the issuance of the report, including but not limited to | ||||||
| 14 | the dates of any
occurrences deemed to necessitate the | ||||||
| 15 | filing of the
report.
| ||||||
| 16 | (5) If court action is involved, the identity of the
| ||||||
| 17 | court in which the action is filed, the docket
number, and | ||||||
| 18 | date of filing of the action.
| ||||||
| 19 | (6) Any further pertinent information that the
| ||||||
| 20 | reporting party deems to be an aid in the evaluation of
the | ||||||
| 21 | report.
| ||||||
| 22 | Nothing contained in this Section shall be construed
to in | ||||||
| 23 | any way waive or modify the confidentiality of
medical reports | ||||||
| 24 | and committee reports to the extent
provided by law. Any | ||||||
| 25 | information reported or disclosed
shall be kept for the | ||||||
| 26 | confidential use of the Board,
the Board's attorneys, the | ||||||
| |||||||
| |||||||
| 1 | investigative staff, and
authorized clerical staff and shall be | ||||||
| 2 | afforded the
same status as is provided information concerning | ||||||
| 3 | medical
studies in Part 21 of Article VIII of the Code of Civil
| ||||||
| 4 | Procedure.
| ||||||
| 5 | (c) Immunity from Prosecution. An individual or
| ||||||
| 6 | organization acting in good faith, and not in a wilful and
| ||||||
| 7 | wanton manner, in complying with this Section by providing
a | ||||||
| 8 | report or other information to the Board, by
assisting in the | ||||||
| 9 | investigation or preparation of a report or
information, by | ||||||
| 10 | participating in proceedings of the
Board, or by serving as a | ||||||
| 11 | member of the Board shall not, as
a result of such actions, be | ||||||
| 12 | subject to criminal prosecution
or civil damages.
| ||||||
| 13 | (d) Indemnification. Members of the Board, the
Board's | ||||||
| 14 | attorneys, the investigative staff, advanced
practice nurses | ||||||
| 15 | or physicians retained under
contract to assist and advise in | ||||||
| 16 | the investigation, and
authorized clerical staff shall be | ||||||
| 17 | indemnified by the State
for any actions (i) occurring within | ||||||
| 18 | the scope of services on the
Board, (ii) performed in good | ||||||
| 19 | faith, and (iii) not wilful and wanton in
nature. The Attorney | ||||||
| 20 | General shall defend all actions taken against those
persons
| ||||||
| 21 | unless he or she determines either that there would be a
| ||||||
| 22 | conflict of interest in the representation or that the
actions | ||||||
| 23 | complained of were not performed in good faith or were wilful
| ||||||
| 24 | and wanton in nature. If the Attorney General declines
| ||||||
| 25 | representation, the member shall have the right to employ
| ||||||
| 26 | counsel of his or her choice, whose fees shall be provided by
| ||||||
| |||||||
| |||||||
| 1 | the State, after approval by the Attorney General, unless
there | ||||||
| 2 | is a determination by a court that the member's actions
were | ||||||
| 3 | not performed in good faith or were wilful and wanton in | ||||||
| 4 | nature. The
member
shall notify the Attorney General within 7 | ||||||
| 5 | days of receipt of
notice of the initiation of an action | ||||||
| 6 | involving services of
the Board. Failure to so notify the | ||||||
| 7 | Attorney General
shall constitute an absolute waiver of the | ||||||
| 8 | right to a defense
and indemnification. The Attorney General | ||||||
| 9 | shall determine
within 7 days after receiving the notice | ||||||
| 10 | whether he or she
will undertake to represent the member.
| ||||||
| 11 | (e) Deliberations of Board. Upon the receipt of a
report | ||||||
| 12 | called for by this Section, other than those reports
of | ||||||
| 13 | impaired persons licensed under this Article
required
pursuant | ||||||
| 14 | to the rules of the Board, the Board shall
notify in writing by | ||||||
| 15 | certified mail the person who is the
subject of the report. The | ||||||
| 16 | notification shall be made
within 30 days of receipt by the | ||||||
| 17 | Board of the report.
The notification shall include a written | ||||||
| 18 | notice setting forth
the person's right to examine the report. | ||||||
| 19 | Included in the
notification shall be the address at which the | ||||||
| 20 | file is
maintained, the name of the custodian of the reports, | ||||||
| 21 | and the
telephone number at which the custodian may be reached. | ||||||
| 22 | The
person who is the subject of the report shall submit a
| ||||||
| 23 | written statement responding to, clarifying, adding to, or
| ||||||
| 24 | proposing to amend the report previously filed. The
statement | ||||||
| 25 | shall become a permanent part of the file and shall
be received | ||||||
| 26 | by the Board no more than 30 days after the
date on which the | ||||||
| |||||||
| |||||||
| 1 | person was notified of the existence of the
original report. | ||||||
| 2 | The
Board shall review all reports
received by it and any | ||||||
| 3 | supporting information and
responding statements submitted by | ||||||
| 4 | persons who are the
subject of reports. The review by the
Board | ||||||
| 5 | shall be in
a timely manner but in no event shall the
Board's
| ||||||
| 6 | initial review of the material contained in each disciplinary
| ||||||
| 7 | file be less than 61 days nor more than 180 days after the
| ||||||
| 8 | receipt of the initial report by the Board. When the
Board | ||||||
| 9 | makes its initial review of the materials
contained within its | ||||||
| 10 | disciplinary files, the Board
shall, in writing, make a | ||||||
| 11 | determination as to whether there
are sufficient facts to | ||||||
| 12 | warrant further investigation or
action. Failure to make that | ||||||
| 13 | determination within the time
provided shall be deemed to be a | ||||||
| 14 | determination that there are
not sufficient facts to warrant | ||||||
| 15 | further investigation or
action. Should the Board find that | ||||||
| 16 | there are not
sufficient facts to warrant further investigation | ||||||
| 17 | or action,
the report shall be accepted for filing and the | ||||||
| 18 | matter shall
be deemed closed and so reported. The individual | ||||||
| 19 | or entity
filing the original report or complaint and the | ||||||
| 20 | person who is
the subject of the report or complaint shall be | ||||||
| 21 | notified in
writing by the
Board of any final action on their | ||||||
| 22 | report
or complaint.
| ||||||
| 23 | (f) Summary Reports. The Board shall prepare, on a
timely | ||||||
| 24 | basis, but in no event less than one every other
month, a | ||||||
| 25 | summary report of final actions taken upon
disciplinary files | ||||||
| 26 | maintained by the Board. The summary
reports shall be made | ||||||
| |||||||
| |||||||
| 1 | available to the public upon request and payment of the fees | ||||||
| 2 | set by the Department. This publication may be made available | ||||||
| 3 | to the public on the Department's Internet website.
| ||||||
| 4 | (g) Any violation of this Section shall constitute a Class | ||||||
| 5 | A
misdemeanor.
| ||||||
| 6 | (h) If a person violates the provisions of this
Section, an | ||||||
| 7 | action may be brought in the name of the People of
the State of | ||||||
| 8 | Illinois, through the Attorney General of the
State of | ||||||
| 9 | Illinois, for an order enjoining the violation or
for an order | ||||||
| 10 | enforcing compliance with this Section. Upon
filing of a | ||||||
| 11 | verified petition in court, the court may
issue a temporary | ||||||
| 12 | restraining order without notice or bond
and may preliminarily | ||||||
| 13 | or permanently enjoin the violation,
and if it is established | ||||||
| 14 | that the person has violated or is
violating the injunction, | ||||||
| 15 | the court may punish the offender
for contempt of court. | ||||||
| 16 | Proceedings under this subsection
shall be in addition to, and | ||||||
| 17 | not in lieu of, all other
remedies and penalties provided for | ||||||
| 18 | by this Section.
| ||||||
| 19 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
| 20 | Section 595. The Nursing Home Administrators Licensing and | ||||||
| 21 | Disciplinary Act is amended by changing Section 17.1 as | ||||||
| 22 | follows:
| ||||||
| 23 | (225 ILCS 70/17.1) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2018) | ||||||
| |||||||
| |||||||
| 1 | Sec. 17.1. Reports of violations of Act or other conduct. | ||||||
| 2 | (a) The owner or licensee of a long term care facility | ||||||
| 3 | licensed under the Nursing Home Care Act who employs or | ||||||
| 4 | contracts with a licensee under this Act shall report to the | ||||||
| 5 | Department any instance of which he or she has knowledge | ||||||
| 6 | arising in connection with operations of the health care | ||||||
| 7 | institution, including the administration of any law by the | ||||||
| 8 | institution, in which a licensee under this Act has either | ||||||
| 9 | committed an act or acts which may constitute a violation of | ||||||
| 10 | this Act or unprofessional conduct related directly to patient | ||||||
| 11 | care, or which may indicate that the licensee may have a mental | ||||||
| 12 | or physical disability that may be mentally or physically | ||||||
| 13 | disabled in such a manner as to endanger patients under that | ||||||
| 14 | licensee's care. Additionally, every nursing home shall report | ||||||
| 15 | to the Department any instance when a licensee is terminated | ||||||
| 16 | for cause which would constitute a violation of this Act. The | ||||||
| 17 | Department may take disciplinary or non-disciplinary action if | ||||||
| 18 | the termination is based upon unprofessional conduct related to | ||||||
| 19 | planning, organizing, directing, or supervising the operation | ||||||
| 20 | of a nursing home as defined by this Act or other conduct by | ||||||
| 21 | the licensee that would be a violation of this Act or rules. | ||||||
| 22 | For the purposes of this subsection, "owner" does not mean | ||||||
| 23 | the owner of the real estate or physical plant who does not | ||||||
| 24 | hold management or operational control of the licensed long | ||||||
| 25 | term care facility. | ||||||
| 26 | (b) Any insurance company that offers policies of | ||||||
| |||||||
| |||||||
| 1 | professional liability insurance to licensees, or any other | ||||||
| 2 | entity that seeks to indemnify the professional liability of a | ||||||
| 3 | licensee, shall report the settlement of any claim or adverse | ||||||
| 4 | final judgment rendered in any action that alleged negligence | ||||||
| 5 | in planning, organizing, directing, or supervising the | ||||||
| 6 | operation of a nursing home by the licensee. | ||||||
| 7 | (c) The State's Attorney of each county shall report to the | ||||||
| 8 | Department each instance in which a licensee is convicted of or | ||||||
| 9 | enters a plea of guilty or nolo contendere to any crime that is | ||||||
| 10 | a felony, or of which an essential element is dishonesty, or | ||||||
| 11 | that is directly related to the practice of the profession of | ||||||
| 12 | nursing home administration. | ||||||
| 13 | (d) Any agency, board, commission, department, or other | ||||||
| 14 | instrumentality of the government of the State of Illinois | ||||||
| 15 | shall report to the Department any instance arising in | ||||||
| 16 | connection with the operations of the agency, including the | ||||||
| 17 | administration of any law by the agency, in which a licensee | ||||||
| 18 | under this Act has either committed an act or acts which may | ||||||
| 19 | constitute a violation of this Act or unprofessional conduct | ||||||
| 20 | related directly to planning, organizing, directing or | ||||||
| 21 | supervising the operation of a nursing home, or which may | ||||||
| 22 | indicate that a licensee may have a mental or physical | ||||||
| 23 | disability that may be mentally or physically disabled in such | ||||||
| 24 | a manner as to endanger others. | ||||||
| 25 | (e) All reports required by items (19), (20), and (21) of | ||||||
| 26 | subsection (a) of Section 17 and by this Section 17.1 shall be | ||||||
| |||||||
| |||||||
| 1 | submitted to the Department in a timely fashion. The reports | ||||||
| 2 | shall be filed in writing within 60 days after a determination | ||||||
| 3 | that a report is required under this Section. All reports shall | ||||||
| 4 | contain the following information: | ||||||
| 5 | (1) The name, address, and telephone number of the | ||||||
| 6 | person making the report. | ||||||
| 7 | (2) The name, address, and telephone number of the | ||||||
| 8 | person who is the subject of the report. | ||||||
| 9 | (3) The name and date of birth of any person or persons | ||||||
| 10 | whose treatment is a subject of the report, or other means | ||||||
| 11 | of identification if that information is not available, and | ||||||
| 12 | identification of the nursing home facility where the care | ||||||
| 13 | at issue in the report was rendered. | ||||||
| 14 | (4) A brief description of the facts which gave rise to | ||||||
| 15 | the issuance of the report, including the dates of any | ||||||
| 16 | occurrences deemed to necessitate the filing of the report. | ||||||
| 17 | (5) If court action is involved, the identity of the | ||||||
| 18 | court in which the action is filed, along with the docket | ||||||
| 19 | number and the date the action was filed. | ||||||
| 20 | (6) Any further pertinent information that the | ||||||
| 21 | reporting party deems to be an aid in evaluating the | ||||||
| 22 | report. | ||||||
| 23 | If the Department receives a written report concerning an | ||||||
| 24 | incident required to be reported under item (19), (20), or (21) | ||||||
| 25 | of subsection (a) of Section 17, then the licensee's failure to | ||||||
| 26 | report the incident to the Department within 60 days may not be | ||||||
| |||||||
| |||||||
| 1 | the sole ground for any disciplinary action against the | ||||||
| 2 | licensee. | ||||||
| 3 | (f) Any individual or organization acting in good faith, | ||||||
| 4 | and not in a wilful and wanton manner, in complying with this | ||||||
| 5 | Section by providing any report or other information to the | ||||||
| 6 | Department, by assisting in the investigation or preparation of | ||||||
| 7 | such information, by voluntarily reporting to the Department | ||||||
| 8 | information regarding alleged errors or negligence by a | ||||||
| 9 | licensee, or by participating in proceedings of the Department, | ||||||
| 10 | shall not, as a result of such actions, be subject to criminal | ||||||
| 11 | prosecution or civil damages. | ||||||
| 12 | (g) Upon the receipt of any report required by this | ||||||
| 13 | Section, the Department shall notify in writing, by certified | ||||||
| 14 | mail, the person who is the subject of the report. The | ||||||
| 15 | notification shall be made within 30 days after the | ||||||
| 16 | Department's receipt of the report. | ||||||
| 17 | The notification shall include a written notice setting | ||||||
| 18 | forth the person's right to examine the report.
The | ||||||
| 19 | notification shall also include the address at which the file | ||||||
| 20 | is maintained, the name of the custodian of the file, and the | ||||||
| 21 | telephone number at which the custodian may be reached. The | ||||||
| 22 | person who is the subject of the report shall submit a written | ||||||
| 23 | statement responding, clarifying, adding to, or proposing the | ||||||
| 24 | amending of the report previously filed. The statement shall | ||||||
| 25 | become a permanent part of the file and must be received by the | ||||||
| 26 | Department no more than 30 days after the date on which the | ||||||
| |||||||
| |||||||
| 1 | person was notified by the Department of the existence of the | ||||||
| 2 | original report. | ||||||
| 3 | The Department shall review a report received by it, | ||||||
| 4 | together with any supporting information and responding | ||||||
| 5 | statements submitted by the person who is the subject of the | ||||||
| 6 | report. The review by the Department shall be in a timely | ||||||
| 7 | manner, but in no event shall the Department's initial review | ||||||
| 8 | of the material contained in each disciplinary file last less | ||||||
| 9 | than 61 days nor more than 180 days after the receipt of the | ||||||
| 10 | initial report by the Department. | ||||||
| 11 | When the Department makes its initial review of the | ||||||
| 12 | materials contained within its disciplinary files, the | ||||||
| 13 | Department shall, in writing, make a determination as to | ||||||
| 14 | whether there are sufficient facts to warrant further | ||||||
| 15 | investigation or action. Failure to make such a determination | ||||||
| 16 | within the time provided shall be deemed to be a determination | ||||||
| 17 | that there are not sufficient facts to warrant further | ||||||
| 18 | investigation or action. The Department shall notify the person | ||||||
| 19 | who is the subject of the report of any final action on the | ||||||
| 20 | report. | ||||||
| 21 | (h) A violation of this Section is a Class A misdemeanor. | ||||||
| 22 | (i) If any person or entity violates this Section, then an | ||||||
| 23 | action may be brought in the name of the People of the State of | ||||||
| 24 | Illinois, through the Attorney General of the State of | ||||||
| 25 | Illinois, for an order enjoining the violation or for an order | ||||||
| 26 | enforcing compliance with this Section. Upon filing of a | ||||||
| |||||||
| |||||||
| 1 | verified petition in the court, the court may issue a temporary | ||||||
| 2 | restraining order without notice or bond and may preliminarily | ||||||
| 3 | or permanently enjoin the violation. If it is established that | ||||||
| 4 | the person or entity has violated or is violating the | ||||||
| 5 | injunction, the court may punish the offender for contempt of | ||||||
| 6 | court. Proceedings under this subsection (i) shall be in | ||||||
| 7 | addition to, and not in lieu of, all other remedies and | ||||||
| 8 | penalties provided for by this Section.
| ||||||
| 9 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
| 10 | Section 600. The Podiatric Medical Practice Act of 1987 is | ||||||
| 11 | amended by changing Section 26 as follows:
| ||||||
| 12 | (225 ILCS 100/26) (from Ch. 111, par. 4826)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 14 | Sec. 26. Reports relating to professional conduct and | ||||||
| 15 | capacity.
| ||||||
| 16 | (A) The Board shall
by rule provide for the reporting to it | ||||||
| 17 | of all instances in which a
podiatric physician licensed under | ||||||
| 18 | this Act who is impaired by reason of
age, drug or alcohol | ||||||
| 19 | abuse or physical or mental impairment, is under
supervision | ||||||
| 20 | and, where appropriate, is in a program of rehabilitation.
| ||||||
| 21 | Reports shall be strictly confidential and may be reviewed and
| ||||||
| 22 | considered only by the members of the Board, or by authorized | ||||||
| 23 | staff of the
Department as provided by the rules of the Board. | ||||||
| 24 | Provisions shall be made
for the periodic report of the status | ||||||
| |||||||
| |||||||
| 1 | of any such podiatric physician not
less than twice annually in | ||||||
| 2 | order that the Board shall have current
information upon which | ||||||
| 3 | to determine the status of any such podiatric
physician. Such | ||||||
| 4 | initial and periodic reports of impaired physicians shall
not | ||||||
| 5 | be considered records within the meaning of the State Records | ||||||
| 6 | Act and
shall be disposed of, following a determination by the | ||||||
| 7 | Board that such
reports are no longer required, in a manner and | ||||||
| 8 | at such time as the Board
shall determine by rule. The filing | ||||||
| 9 | of such reports shall be construed as
the filing of a report | ||||||
| 10 | for the purposes of subsection (C) of this
Section.
Failure to | ||||||
| 11 | file a report under this Section shall be a Class A | ||||||
| 12 | misdemeanor.
| ||||||
| 13 | (A-5) The following persons and entities shall report to | ||||||
| 14 | the Department or the Board in the instances and under the | ||||||
| 15 | conditions set forth in this subsection (A-5):
| ||||||
| 16 | (1) Any administrator or officer of
any
hospital, | ||||||
| 17 | nursing home or other health care agency or facility who | ||||||
| 18 | has
knowledge of any action or condition which reasonably | ||||||
| 19 | indicates to him or
her
that a licensed podiatric physician | ||||||
| 20 | practicing in such hospital, nursing
home or other health | ||||||
| 21 | care agency or facility is habitually intoxicated or
| ||||||
| 22 | addicted to the use of habit forming drugs, or is otherwise | ||||||
| 23 | impaired, to
the extent that such intoxication, addiction, | ||||||
| 24 | or impairment
adversely
affects
such podiatric physician's | ||||||
| 25 | professional performance, or has knowledge that
reasonably | ||||||
| 26 | indicates to him or her that any podiatric physician | ||||||
| |||||||
| |||||||
| 1 | unlawfully
possesses, uses, distributes or converts | ||||||
| 2 | habit-forming drugs belonging to
the hospital, nursing | ||||||
| 3 | home or other health care agency or facility for such
| ||||||
| 4 | podiatric physician's own use or benefit, shall promptly | ||||||
| 5 | file a written
report thereof to the Department. The report | ||||||
| 6 | shall include the name of the
podiatric physician, the name | ||||||
| 7 | of the patient or patients involved, if any,
a brief | ||||||
| 8 | summary of the action, condition or occurrence that has
| ||||||
| 9 | necessitated the report, and any other information as the | ||||||
| 10 | Department may
deem necessary. The Department shall | ||||||
| 11 | provide forms on which such
reports shall be filed.
| ||||||
| 12 | (2) The president or chief
executive
officer
of any | ||||||
| 13 | association or society of podiatric physicians licensed | ||||||
| 14 | under this
Act, operating within this State shall report to | ||||||
| 15 | the Board when the
association or society renders a final | ||||||
| 16 | determination relating to the
professional competence or | ||||||
| 17 | conduct of the podiatric physician.
| ||||||
| 18 | (3) Every insurance company that
offers policies of | ||||||
| 19 | professional liability insurance to persons licensed
under | ||||||
| 20 | this Act, or any other entity that seeks to indemnify the
| ||||||
| 21 | professional liability of a podiatric physician licensed | ||||||
| 22 | under this Act,
shall report to the Board the settlement of | ||||||
| 23 | any claim or cause of action,
or final judgment rendered in | ||||||
| 24 | any cause of action that alleged negligence
in the | ||||||
| 25 | furnishing of medical care by such licensed person when | ||||||
| 26 | such
settlement or final judgement is in favor of the | ||||||
| |||||||
| |||||||
| 1 | plaintiff.
| ||||||
| 2 | (4) The State's Attorney of each county shall report
to | ||||||
| 3 | the Board all instances in which a person licensed under | ||||||
| 4 | this Act is
convicted or otherwise found guilty of the | ||||||
| 5 | commission of any felony.
| ||||||
| 6 | (5) All agencies, boards, commissions, departments, or | ||||||
| 7 | other
instrumentalities of the government of the State of | ||||||
| 8 | Illinois shall report
to the Board any instance arising in | ||||||
| 9 | connection with the operations of such
agency, including | ||||||
| 10 | the administration of any law by such agency, in which a
| ||||||
| 11 | podiatric physician licensed under this Act has either | ||||||
| 12 | committed an act or
acts that may be a violation of this | ||||||
| 13 | Act or that may constitute unprofessional
conduct related | ||||||
| 14 | directly to patient care or that indicates that a podiatric
| ||||||
| 15 | physician licensed under this Act may have a mental or | ||||||
| 16 | physical disability that may be mentally or physically | ||||||
| 17 | disabled in
such a manner as to endanger patients under | ||||||
| 18 | that physician's care.
| ||||||
| 19 | (B) All reports required by this Act shall
be
submitted to | ||||||
| 20 | the Board in a timely fashion. The reports shall be filed in
| ||||||
| 21 | writing within 60 days after a determination that a report is | ||||||
| 22 | required
under this Act. All reports shall contain the | ||||||
| 23 | following information:
| ||||||
| 24 | (1) The name, address and telephone number of the | ||||||
| 25 | person making the
report.
| ||||||
| 26 | (2) The name, address and telephone number of the | ||||||
| |||||||
| |||||||
| 1 | podiatric physician
who is the subject of the report.
| ||||||
| 2 | (3) The name or other means of identification of any | ||||||
| 3 | patient or patients
whose treatment is a subject of the | ||||||
| 4 | report, provided, however, no medical
records may be | ||||||
| 5 | revealed without the written consent of the patient or | ||||||
| 6 | patients.
| ||||||
| 7 | (4) A brief description of the facts that gave rise to | ||||||
| 8 | the issuance of
the report, including the dates of any | ||||||
| 9 | occurrences deemed to necessitate
the filing of the report.
| ||||||
| 10 | (5) If court action is involved, the identity of the | ||||||
| 11 | court in which the
action is filed, along with the docket | ||||||
| 12 | number and date of filing of the action.
| ||||||
| 13 | (6) Any further pertinent information that the | ||||||
| 14 | reporting
party deems to be an aid in the evaluation of the | ||||||
| 15 | report.
| ||||||
| 16 | Nothing contained in this Section shall waive or modify the
| ||||||
| 17 | confidentiality of medical reports and committee reports to the | ||||||
| 18 | extent
provided by law. Any information reported or disclosed | ||||||
| 19 | shall be kept for
the confidential use of the Board, the | ||||||
| 20 | Board's attorneys, the investigative
staff and other | ||||||
| 21 | authorized Department staff, as provided in this Act, and
shall | ||||||
| 22 | be afforded the same status as is provided information | ||||||
| 23 | concerning
medical studies in Part 21 of Article VIII of the | ||||||
| 24 | Code of Civil Procedure.
| ||||||
| 25 | (C) Any individual or organization acting in
good faith, | ||||||
| 26 | and not in a willful and wanton manner, in complying with this
| ||||||
| |||||||
| |||||||
| 1 | Act by providing any report or other information to the Board, | ||||||
| 2 | or assisting
in the investigation or preparation of such | ||||||
| 3 | information, or by
participating in proceedings of the Board, | ||||||
| 4 | or by serving as a member of the
Board, shall not, as a result | ||||||
| 5 | of such actions, be subject to criminal
prosecution or civil | ||||||
| 6 | damages.
| ||||||
| 7 | (D) Members of the Board, the Board's attorneys, the
| ||||||
| 8 | investigative staff, other podiatric physicians retained under | ||||||
| 9 | contract to
assist and advise in the investigation, and other | ||||||
| 10 | authorized Department
staff shall be indemnified by the State | ||||||
| 11 | for any actions occurring within the
scope of services on the | ||||||
| 12 | Board, done in good faith and not willful and
wanton in nature. | ||||||
| 13 | The Attorney General shall defend all such actions unless
he or | ||||||
| 14 | she determines either that he or she would have a conflict of
| ||||||
| 15 | interest in such representation or that the actions complained | ||||||
| 16 | of were not in
good faith or were willful and wanton.
| ||||||
| 17 | Should the Attorney General decline representation, the | ||||||
| 18 | member shall have
the right to employ counsel of his or her | ||||||
| 19 | choice, whose fees shall be provided
by the State, after | ||||||
| 20 | approval by the Attorney General, unless there is a
| ||||||
| 21 | determination by a court that the member's actions were not in | ||||||
| 22 | good faith or
were wilful and wanton. The member must notify | ||||||
| 23 | the Attorney General within 7
days of receipt of notice of the | ||||||
| 24 | initiation of any action involving services
of the Board. | ||||||
| 25 | Failure to so notify the Attorney General shall constitute an
| ||||||
| 26 | absolute waiver of the right to a defense and indemnification. | ||||||
| |||||||
| |||||||
| 1 | The Attorney
General shall determine within 7 days after | ||||||
| 2 | receiving such notice, whether he
or she will undertake to | ||||||
| 3 | represent the member.
| ||||||
| 4 | (E) Upon the receipt of any report called for
by this Act, | ||||||
| 5 | other than those reports of impaired persons licensed under
| ||||||
| 6 | this Act required pursuant to the rules of the Board, the Board | ||||||
| 7 | shall
notify in writing, by certified mail, the podiatric | ||||||
| 8 | physician who is the
subject of the report. Such notification | ||||||
| 9 | shall be made within 30 days of
receipt by the Board of the | ||||||
| 10 | report.
| ||||||
| 11 | The notification shall include a written notice setting | ||||||
| 12 | forth the podiatric
physician's right to examine the report. | ||||||
| 13 | Included in such notification
shall be the address at which the | ||||||
| 14 | file is maintained, the name of the
custodian of the reports, | ||||||
| 15 | and the telephone number at which the custodian
may be reached. | ||||||
| 16 | The podiatric physician who is the subject of the report
shall | ||||||
| 17 | be permitted to submit a written statement responding, | ||||||
| 18 | clarifying,
adding to, or proposing the amending of the report | ||||||
| 19 | previously filed. The
statement shall become a permanent part | ||||||
| 20 | of the file and must be received by
the Board no more than 30 | ||||||
| 21 | days after the date on which the podiatric
physician was | ||||||
| 22 | notified of the existence of the original report.
| ||||||
| 23 | The Board shall review all reports received by it, together | ||||||
| 24 | with any
supporting information and responding statements | ||||||
| 25 | submitted by persons who
are the subject of reports. The review | ||||||
| 26 | by the Board shall be in a timely
manner but in no event shall | ||||||
| |||||||
| |||||||
| 1 | the Board's initial review of the material
contained in each | ||||||
| 2 | disciplinary file be less than 61 days nor more than 180
days | ||||||
| 3 | after the receipt of the initial report by the Board.
| ||||||
| 4 | When the Board makes its initial review of the materials | ||||||
| 5 | contained within
its disciplinary files the Board shall, in | ||||||
| 6 | writing, make a determination as
to whether there are | ||||||
| 7 | sufficient facts to warrant further investigation or
action. | ||||||
| 8 | Failure to make such determination within the time provided | ||||||
| 9 | shall
be deemed to be a determination that there are not | ||||||
| 10 | sufficient facts to
warrant further investigation or action.
| ||||||
| 11 | Should the Board find that there are not sufficient facts | ||||||
| 12 | to warrant
further investigation, or action, the report shall | ||||||
| 13 | be accepted for filing
and the matter shall be deemed closed | ||||||
| 14 | and so reported.
| ||||||
| 15 | The individual or entity filing the original report or | ||||||
| 16 | complaint and the
podiatric physician who is the subject of the | ||||||
| 17 | report or complaint shall be
notified in writing by the Board | ||||||
| 18 | of any final action on their report or
complaint.
| ||||||
| 19 | (F) The Board shall prepare on a timely basis, but in
no | ||||||
| 20 | event less than once every other month, a summary report of | ||||||
| 21 | final
disciplinary actions taken upon disciplinary files | ||||||
| 22 | maintained by the Board. The summary
reports shall be made | ||||||
| 23 | available on the Department's web site.
| ||||||
| 24 | (G) Any violation of this Section shall be a Class A | ||||||
| 25 | misdemeanor.
| ||||||
| 26 | (H) If any such podiatric physician violates
the provisions | ||||||
| |||||||
| |||||||
| 1 | of this Section, an action may be brought in the name of the
| ||||||
| 2 | People of the State of Illinois, through the Attorney General | ||||||
| 3 | of the State
of Illinois, for an order enjoining such violation | ||||||
| 4 | or for an order
enforcing compliance with this Section. Upon | ||||||
| 5 | filing of a verified petition
in such court, the court may | ||||||
| 6 | issue a temporary restraining order without
notice or bond and | ||||||
| 7 | may preliminarily or permanently enjoin such violation,
and if | ||||||
| 8 | it is established that such podiatric physician has violated or | ||||||
| 9 | is
violating the injunction, the Court may punish the offender | ||||||
| 10 | for contempt of
court. Proceedings under this paragraph shall | ||||||
| 11 | be in addition to, and not
in lieu of, all other remedies and | ||||||
| 12 | penalties provided for by this Section.
| ||||||
| 13 | (Source: P.A. 95-235, eff. 8-17-07.)
| ||||||
| 14 | Section 605. The Illinois Explosives Act is amended by | ||||||
| 15 | changing Section 2005 as follows:
| ||||||
| 16 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
| 17 | Sec. 2005. Qualifications for licensure. | ||||||
| 18 | (a) No person shall qualify to hold a license who: | ||||||
| 19 | (1) is under 21 years of age; | ||||||
| 20 | (2) has been convicted in any court of a crime | ||||||
| 21 | punishable by imprisonment for a term exceeding one year; | ||||||
| 22 | (3) is under indictment for a crime punishable by | ||||||
| 23 | imprisonment for a term exceeding one year; | ||||||
| 24 | (4) is a fugitive from justice; | ||||||
| |||||||
| |||||||
| 1 | (5) is an unlawful user of or addicted to any | ||||||
| 2 | controlled substance as defined in Section 102 of the | ||||||
| 3 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
| 4 | seq.); | ||||||
| 5 | (6) has been adjudicated a person with a mental | ||||||
| 6 | disability mentally disabled person as defined in Section | ||||||
| 7 | 1.1 of the Firearm Owners Identification Card Act; or | ||||||
| 8 | (7) is not a legal citizen of the United States. | ||||||
| 9 | (b) A person who has been granted a "relief from | ||||||
| 10 | disabilities" regarding criminal convictions and indictments, | ||||||
| 11 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
| 12 | 845) may receive a license provided all other qualifications | ||||||
| 13 | under this Act are met.
| ||||||
| 14 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 15 | Section 610. The Barber, Cosmetology, Esthetics, Hair | ||||||
| 16 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
| 17 | changing Section 3B-15 as follows:
| ||||||
| 18 | (225 ILCS 410/3B-15)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 20 | Sec. 3B-15. Grounds for disciplinary action. In addition to | ||||||
| 21 | any
other cause herein set forth the Department may refuse to | ||||||
| 22 | issue or renew and
may suspend, place on probation, or revoke | ||||||
| 23 | any license to operate a school, or
take any other disciplinary | ||||||
| 24 | or non-disciplinary action that the Department may deem proper, | ||||||
| |||||||
| |||||||
| 1 | including the
imposition of fines not to exceed $5,000 for each | ||||||
| 2 | violation, for any
one or any combination of the following | ||||||
| 3 | causes:
| ||||||
| 4 | (1) Repeated violation of any provision of this Act or | ||||||
| 5 | any standard or rule
established under this Act.
| ||||||
| 6 | (2) Knowingly furnishing false, misleading, or | ||||||
| 7 | incomplete information to the
Department or failure to | ||||||
| 8 | furnish information requested by the Department.
| ||||||
| 9 | (3) Violation of any commitment made in an application | ||||||
| 10 | for a license,
including failure to maintain standards that | ||||||
| 11 | are the same as, or substantially
equivalent to, those | ||||||
| 12 | represented in the school's applications
and
advertising.
| ||||||
| 13 | (4) Presenting to prospective students information | ||||||
| 14 | relating to the school,
or to employment opportunities or | ||||||
| 15 | opportunities for enrollment in institutions
of higher | ||||||
| 16 | learning after entering into or completing courses offered | ||||||
| 17 | by the
school, that is false, misleading, or
fraudulent.
| ||||||
| 18 | (5) Failure to provide premises or equipment or to | ||||||
| 19 | maintain them in a safe
and sanitary condition as required | ||||||
| 20 | by law.
| ||||||
| 21 | (6) Failure to maintain financial resources adequate | ||||||
| 22 | for the satisfactory
conduct of the courses of instruction | ||||||
| 23 | offered or to retain a sufficient and
qualified | ||||||
| 24 | instructional and administrative staff.
| ||||||
| 25 | (7) Refusal to admit applicants on account of race, | ||||||
| 26 | color, creed, sex,
physical or mental disability handicap | ||||||
| |||||||
| |||||||
| 1 | unrelated to ability, religion, or national
origin.
| ||||||
| 2 | (8) Paying a commission or valuable consideration to | ||||||
| 3 | any person for acts or
services performed in violation of | ||||||
| 4 | this Act.
| ||||||
| 5 | (9) Attempting to confer a fraudulent degree, diploma, | ||||||
| 6 | or certificate upon a
student.
| ||||||
| 7 | (10) Failure to correct any deficiency or act of | ||||||
| 8 | noncompliance under this
Act or the standards and rules | ||||||
| 9 | established under this Act within reasonable
time limits | ||||||
| 10 | set by the Department.
| ||||||
| 11 | (11)
Conduct of business or instructional services | ||||||
| 12 | other than at locations
approved by the Department.
| ||||||
| 13 | (12) Failure to make all of the disclosures or making | ||||||
| 14 | inaccurate disclosures
to the Department or in the | ||||||
| 15 | enrollment agreement as required under this Act.
| ||||||
| 16 | (13) Failure to make appropriate refunds as required by | ||||||
| 17 | this Act.
| ||||||
| 18 | (14) Denial, loss, or withdrawal of accreditation by | ||||||
| 19 | any
accrediting agency.
| ||||||
| 20 | (15) During any
calendar year, having a failure rate of | ||||||
| 21 | 25% or greater for
those of its students who for the first | ||||||
| 22 | time take the
examination authorized by
the Department to | ||||||
| 23 | determine fitness to receive a license as a barber, barber | ||||||
| 24 | teacher, cosmetologist,
cosmetology teacher, esthetician, | ||||||
| 25 | esthetician
teacher, hair braider, hair braiding teacher, | ||||||
| 26 | nail technician, or nail
technology teacher, provided that | ||||||
| |||||||
| |||||||
| 1 | a
student who transfers into the school having completed | ||||||
| 2 | 50% or more of the required program and who
takes the | ||||||
| 3 | examination during that calendar year shall not be counted | ||||||
| 4 | for
purposes of determining the school's failure rate on an
| ||||||
| 5 | examination, without
regard to whether that transfer | ||||||
| 6 | student passes or fails the examination.
| ||||||
| 7 | (16) Failure to maintain a written record indicating | ||||||
| 8 | the funds
received per student and funds paid out per | ||||||
| 9 | student. Such records shall be
maintained for a minimum of | ||||||
| 10 | 7 years and shall be made available to the
Department upon | ||||||
| 11 | request. Such records shall identify the funding source and
| ||||||
| 12 | amount for any student who has enrolled as well as any | ||||||
| 13 | other item set forth by
rule.
| ||||||
| 14 | (17) Failure to maintain a copy of the student record | ||||||
| 15 | as defined by rule.
| ||||||
| 16 | (Source: P.A. 98-911, eff. 1-1-15.)
| ||||||
| 17 | Section 615. The Real Estate License Act of 2000 is amended | ||||||
| 18 | by changing Section 25-40 as follows:
| ||||||
| 19 | (225 ILCS 454/25-40)
| ||||||
| 20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 21 | Sec. 25-40. Exclusive State powers and functions; | ||||||
| 22 | municipal powers. It is declared to be the public policy of | ||||||
| 23 | this State, pursuant to paragraphs
(h) and (i) of Section 6 of
| ||||||
| 24 | Article VII of the Illinois Constitution of 1970, that any | ||||||
| |||||||
| |||||||
| 1 | power or function
set forth in this Act to be
exercised by the | ||||||
| 2 | State is an exclusive State power or function. Such power or
| ||||||
| 3 | function shall not be
exercised concurrently, either directly | ||||||
| 4 | or indirectly, by any unit of local
government, including
home | ||||||
| 5 | rule units, except as otherwise provided in this Act.
Nothing | ||||||
| 6 | in this Section shall be construed to affect or impair the | ||||||
| 7 | validity of
Section 11-11.1-1 of the
Illinois Municipal Code, | ||||||
| 8 | as amended, or to deny to the corporate authorities of
any | ||||||
| 9 | municipality the
powers granted in the Illinois Municipal Code | ||||||
| 10 | to enact ordinances prescribing
fair housing
practices; | ||||||
| 11 | defining unfair
housing practices; establishing Fair Housing | ||||||
| 12 | or Human Relations Commissions and
standards for
the operation | ||||||
| 13 | of these commissions in the administration and enforcement of
| ||||||
| 14 | such
ordinances;
prohibiting discrimination based on race, | ||||||
| 15 | color, creed, ancestry, national
origin or physical or
mental | ||||||
| 16 | disability handicap in the listing, sale, assignment, | ||||||
| 17 | exchange, transfer, lease,
rental, or financing of real
| ||||||
| 18 | property for the purpose of the residential occupancy thereof; | ||||||
| 19 | and prescribing
penalties for
violations of such ordinances.
| ||||||
| 20 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
| 21 | Section 620. The Solicitation for Charity Act is amended by | ||||||
| 22 | changing Sections 1 and 11 as follows:
| ||||||
| 23 | (225 ILCS 460/1) (from Ch. 23, par. 5101)
| ||||||
| 24 | Sec. 1. The following words and phrases as used in this Act | ||||||
| |||||||
| |||||||
| 1 | shall have the
following meanings unless a different meaning is | ||||||
| 2 | required by the context.
| ||||||
| 3 | (a) "Charitable organization" means any benevolent, | ||||||
| 4 | philanthropic, patriotic,
or eleemosynary person or one | ||||||
| 5 | purporting to be such which solicits and
collects funds for | ||||||
| 6 | charitable purposes and includes each local, county, or
area | ||||||
| 7 | division within this State of such charitable organization, | ||||||
| 8 | provided
such local, county or area division has authority and | ||||||
| 9 | discretion to
disburse funds or property otherwise than by | ||||||
| 10 | transfer to any parent
organization.
| ||||||
| 11 | (b) "Contribution" means the promise or grant of any money | ||||||
| 12 | or property of any
kind or value, including the promise to pay, | ||||||
| 13 | except payments by union
members of an organization. Reference | ||||||
| 14 | to the dollar amount of
"contributions" in this Act means in | ||||||
| 15 | the case of promises to pay, or
payments for merchandise or | ||||||
| 16 | rights of any other description, the value of
the total amount | ||||||
| 17 | promised to be paid or paid for such merchandise or rights
and | ||||||
| 18 | not merely that portion of the purchase price to be applied to | ||||||
| 19 | a
charitable purpose. Contribution shall not include the | ||||||
| 20 | proceeds from the
sale of admission tickets by any | ||||||
| 21 | not-for-profit music or dramatic arts
organization which | ||||||
| 22 | establishes, by such proof as the Attorney General may
require, | ||||||
| 23 | that it has received an exemption under Section 501(c)(3) of | ||||||
| 24 | the
Internal Revenue Code and which is organized and operated | ||||||
| 25 | for the
presentation of live public performances of musical or | ||||||
| 26 | theatrical works on
a regular basis. For purposes of this | ||||||
| |||||||
| |||||||
| 1 | subsection, union member dues and
donated services shall not be | ||||||
| 2 | deemed contributions.
| ||||||
| 3 | (c) "Person" means any individual, organization, group, | ||||||
| 4 | association,
partnership, corporation, trust or any | ||||||
| 5 | combination of them.
| ||||||
| 6 | (d) "Professional fund raiser" means any person who for | ||||||
| 7 | compensation or other
consideration, conducts, manages, or | ||||||
| 8 | carries on any solicitation or fund raising drive or
campaign | ||||||
| 9 | in this State or from this State or on behalf of a charitable
| ||||||
| 10 | organization residing within this State for the purpose of | ||||||
| 11 | soliciting, receiving, or collecting
contributions for or on | ||||||
| 12 | behalf of any charitable organization or any other
person, or | ||||||
| 13 | who engages in the business of, or holds himself out to persons
| ||||||
| 14 | in this State as independently engaged in the business of | ||||||
| 15 | soliciting, receiving, or collecting
contributions for such | ||||||
| 16 | purposes. A bona fide director, officer, employee or
unpaid | ||||||
| 17 | volunteer of a charitable organization shall not be deemed a
| ||||||
| 18 | professional fund raiser unless the person is in a management | ||||||
| 19 | position and
the majority of the individual's salary or other | ||||||
| 20 | compensation is computed
on a percentage basis of funds to be | ||||||
| 21 | raised, or actually raised.
| ||||||
| 22 | (e) "Professional fund raising consultant" means any
| ||||||
| 23 | person who is retained
by a charitable organization or trustee | ||||||
| 24 | for a fixed fee or rate that is not
computed on a percentage of | ||||||
| 25 | funds to be raised, or actually raised, under a
written | ||||||
| 26 | agreement, to only plan, advise, consult, or prepare materials | ||||||
| |||||||
| |||||||
| 1 | for a
solicitation of contributions in this State, but who does | ||||||
| 2 | not manage,
conduct or carry on a fundraising campaign and who | ||||||
| 3 | does not solicit
contributions or employ, procure, or engage | ||||||
| 4 | any compensated person to
solicit contributions and who does | ||||||
| 5 | not at any time have custody or control
of contributions. A | ||||||
| 6 | volunteer, employee or salaried officer of a
charitable | ||||||
| 7 | organization or trustee maintaining a permanent establishment | ||||||
| 8 | or
office in this State is not a professional fundraising | ||||||
| 9 | consultant. An
attorney, investment counselor, or banker who | ||||||
| 10 | advises an individual,
corporation or association to make a | ||||||
| 11 | charitable contribution is not a
professional fundraising | ||||||
| 12 | consultant as a result of the advice.
| ||||||
| 13 | (f) "Charitable purpose" means any charitable, benevolent, | ||||||
| 14 | philanthropic,
patriotic, or eleemosynary purpose.
| ||||||
| 15 | (g) "Charitable Trust" means any relationship whereby | ||||||
| 16 | property is held
by a person for a charitable purpose.
| ||||||
| 17 | (h) "Education Program Service" means any activity which | ||||||
| 18 | provides
information to the public of a nature that is not | ||||||
| 19 | commonly known or facts
which are not universally regarded as | ||||||
| 20 | obvious or as established by common
understanding and which | ||||||
| 21 | informs the public of what it can or should do
about a | ||||||
| 22 | particular issue.
| ||||||
| 23 | (i) "Primary Program Service" means the program service | ||||||
| 24 | upon which an
organization spends more than 50% of its program | ||||||
| 25 | service funds or the
program activity which represents the | ||||||
| 26 | largest expenditure of funds in
the fiscal period.
| ||||||
| |||||||
| |||||||
| 1 | (j) "Professional solicitor" means any natural person who | ||||||
| 2 | is employed or
retained for compensation by a professional fund | ||||||
| 3 | raiser to solicit, receive, or collect
contributions for | ||||||
| 4 | charitable purposes from persons in this State or from
this | ||||||
| 5 | State or on behalf of a charitable organization residing within
| ||||||
| 6 | this State.
| ||||||
| 7 | (k) "Program Service Activity" means the actual charitable | ||||||
| 8 | program
activities of a charitable organization for which it | ||||||
| 9 | expends its resources.
| ||||||
| 10 | (l) "Program Service Expense" means the expenses of | ||||||
| 11 | charitable program
activity and not management expenses or fund | ||||||
| 12 | raising expenses. In
determining Program Service Expense, | ||||||
| 13 | management and fund raising expenses
may not be included.
| ||||||
| 14 | (m) "Public Safety Personnel Organization" means any | ||||||
| 15 | person who uses any
of the words "officer", "police", | ||||||
| 16 | "policeman", "policemen", "troopers",
"sheriff", "law | ||||||
| 17 | enforcement", "fireman", "firemen", "paramedic", or
similar | ||||||
| 18 | words in
its name or in conjunction with solicitations, or in | ||||||
| 19 | the title or name of a magazine, newspaper, periodical, | ||||||
| 20 | advertisement book, or any other medium of electronic or print | ||||||
| 21 | publication, and is not
a governmental entity.
No organization | ||||||
| 22 | may be a Public Safety Personnel Organization unless 80% or
| ||||||
| 23 | more of its voting members or trustees are active or , retired | ||||||
| 24 | police officers, police officers with disabilities , or | ||||||
| 25 | disabled
police officers, peace officers,
firemen, fire | ||||||
| 26 | fighters, emergency medical technicians - ambulance,
emergency | ||||||
| |||||||
| |||||||
| 1 | medical technicians - intermediate, emergency medical | ||||||
| 2 | technicians -
paramedic, ambulance drivers, or other medical | ||||||
| 3 | assistance or first aid
personnel.
| ||||||
| 4 | (m-5) "Public Safety Personnel" includes police officers, | ||||||
| 5 | peace officers,
firemen, fire fighters, emergency medical | ||||||
| 6 | technicians - ambulance,
emergency medical technicians - | ||||||
| 7 | intermediate, emergency medical technicians -
paramedic, | ||||||
| 8 | ambulance drivers, and other medical assistance or first aid
| ||||||
| 9 | personnel.
| ||||||
| 10 | (n) "Trustee" means any person, individual, group of | ||||||
| 11 | individuals,
association, corporation, not for profit | ||||||
| 12 | corporation, or other legal entity
holding property for or | ||||||
| 13 | solicited for any charitable purpose; or any
officer, director, | ||||||
| 14 | executive director or other controlling persons of a
| ||||||
| 15 | corporation soliciting or holding property for a charitable | ||||||
| 16 | purpose.
| ||||||
| 17 | (Source: P.A. 94-749, eff. 1-1-07.)
| ||||||
| 18 | (225 ILCS 460/11) (from Ch. 23, par. 5111)
| ||||||
| 19 | Sec. 11.
(a) No person shall for the purpose of soliciting | ||||||
| 20 | contributions
from persons in this State, use the name of any | ||||||
| 21 | other person, except that
of an officer, director or trustee of | ||||||
| 22 | the charitable organization by or for
which contributions are | ||||||
| 23 | solicited, without the written consent of such
other persons.
| ||||||
| 24 | (b) A person shall be deemed to have used the name of | ||||||
| 25 | another person for
the purpose of soliciting contributions if | ||||||
| |||||||
| |||||||
| 1 | such latter person's name is
listed on any stationery, | ||||||
| 2 | advertisement, brochure or correspondence in or
by which a | ||||||
| 3 | contribution is solicited by or on behalf of a charitable
| ||||||
| 4 | organization or his name is listed or referred to in connection | ||||||
| 5 | with a
request for a contribution as one who has contributed | ||||||
| 6 | to, sponsored or
endorsed the charitable organization or its | ||||||
| 7 | activities.
| ||||||
| 8 | (c) Nothing contained in this Section shall prevent the | ||||||
| 9 | publication of
names of contributors without their written | ||||||
| 10 | consents, in an annual or other
periodic report issued by a | ||||||
| 11 | charitable organization for the purpose of
reporting on its | ||||||
| 12 | operations and affairs to its membership or for the
purpose of | ||||||
| 13 | reporting contributions to contributors.
| ||||||
| 14 | (d) No charitable organization or professional fund raiser | ||||||
| 15 | soliciting
contributions shall use a name, symbol, or statement | ||||||
| 16 | so closely related or
similar to that used by another | ||||||
| 17 | charitable organization or governmental
agency that the use | ||||||
| 18 | thereof would tend to confuse or mislead the public.
| ||||||
| 19 | (d-1) No Public Safety Personnel Organization may by words | ||||||
| 20 | in its name or
in
its
solicitations claim to be representing, | ||||||
| 21 | acting on behalf of, assisting, or
affiliated with the public
| ||||||
| 22 | safety personnel of a particular municipal, regional, or other | ||||||
| 23 | geographical
area, unless: (1) 80% or
more of the | ||||||
| 24 | organization's voting members and trustees are persons who are
| ||||||
| 25 | actively employed or
retired or disabled
from employment within | ||||||
| 26 | the particular municipal, regional, or other
geographical area | ||||||
| |||||||
| |||||||
| 1 | stated in
the name or solicitation; (2) all of these members | ||||||
| 2 | are vested with the right to
vote in the election
of the | ||||||
| 3 | managing or controlling officers of the organization either | ||||||
| 4 | directly or
through delegates; and (3) the
organization | ||||||
| 5 | includes in
any solicitation the actual number of active or , | ||||||
| 6 | retired police officers, or police officers with disabilities , | ||||||
| 7 | or disabled police
officers, peace officers,
firemen, fire | ||||||
| 8 | fighters, emergency medical technicians - ambulance, emergency
| ||||||
| 9 | medical
technicians - intermediate, emergency medical | ||||||
| 10 | technicians - paramedic,
ambulance drivers, or
other medical | ||||||
| 11 | assistance or first aid personnel who are members of the
| ||||||
| 12 | organization who are
actively employed, retired, or disabled | ||||||
| 13 | from employment within the particular
municipal,
regional, or | ||||||
| 14 | other geographical area referenced in the solicitation.
| ||||||
| 15 | (d-2) No person or organization may have a name or use a | ||||||
| 16 | name using the
words "officer",
"police", "policeman", | ||||||
| 17 | "policemen", "trooper", "sheriff", "law enforcement
officer", | ||||||
| 18 | "deputy",
"chief of police", or similar words therein unless | ||||||
| 19 | 80% or more of its trustees
and voting members
are active or , | ||||||
| 20 | retired law enforcement personnel or law enforcement personnel | ||||||
| 21 | with disabilities , or disabled law enforcement personnel.
| ||||||
| 22 | (d-3) No person or organization may have a name or use a | ||||||
| 23 | name using the
words
"fireman", "firemen", "fire fighter", | ||||||
| 24 | "fire chief", "paramedic", or similar
words therein unless
80% | ||||||
| 25 | or more of its trustees and voting members are active or , | ||||||
| 26 | retired fire fighters or fire fighters with disabilities or | ||||||
| |||||||
| |||||||
| 1 | disabled
fire fighters,
firemen, emergency medical technicians - | ||||||
| 2 | ambulance, emergency medical
technicians -
intermediate, | ||||||
| 3 | emergency medical technicians - paramedic, ambulance drivers, | ||||||
| 4 | or
other medical
assistance or first aid personnel.
| ||||||
| 5 | (d-4) No person by words in a Public Safety Personnel | ||||||
| 6 | Organization name or
in
solicitations made therefor shall state | ||||||
| 7 | he or she or his or her organization
is assisting or
affiliated | ||||||
| 8 | with a local, municipal, regional, or other governmental body | ||||||
| 9 | or
geographical area
unless 80% of its trustees and voting | ||||||
| 10 | members are active or , retired police officers or police | ||||||
| 11 | officers with disabilities , or disabled
police officers, law
| ||||||
| 12 | enforcement officials, firemen, fire fighters, emergency | ||||||
| 13 | medical technicians -
ambulance,
emergency medical technicians - | ||||||
| 14 | intermediate, emergency medical technicians -
paramedic,
| ||||||
| 15 | ambulance drivers, or other medical assistance or first aid | ||||||
| 16 | personnel of the
local, municipal,
regional, or other | ||||||
| 17 | geographical area so named or stated.
Nothing in this Act shall | ||||||
| 18 | prohibit a Public
Safety
Personnel Organization from stating | ||||||
| 19 | the actual number of members it has in any
geographical area.
| ||||||
| 20 | (e) Any person or organization that willfully violates the
| ||||||
| 21 | provisions of
this Section is
guilty of a Class A misdemeanor.
| ||||||
| 22 | Any person or organization that willfully violates the | ||||||
| 23 | provisions of
this Section may in addition to other remedies be | ||||||
| 24 | subject to a fine of $2,000
for each violation,
shall be | ||||||
| 25 | subject to forfeiture of all solicitation fees, and shall be
| ||||||
| 26 | enjoined from operating as
a fund raiser and soliciting the | ||||||
| |||||||
| |||||||
| 1 | public for fundraising purposes.
| ||||||
| 2 | (Source: P.A. 91-301, eff. 7-29-99.)
| ||||||
| 3 | Section 625. The Illinois Horse Racing Act of 1975 is | ||||||
| 4 | amended by changing Section 28 as follows:
| ||||||
| 5 | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||||||
| 6 | Sec. 28. Except as provided in subsection (g) of Section 27 | ||||||
| 7 | of this Act,
moneys collected shall be distributed according to | ||||||
| 8 | the provisions of this
Section 28.
| ||||||
| 9 | (a) Thirty
per cent of the total of all monies received
by | ||||||
| 10 | the State as privilege taxes shall be paid into the | ||||||
| 11 | Metropolitan Exposition
Auditorium and Office Building Fund in | ||||||
| 12 | the State Treasury.
| ||||||
| 13 | (b) In addition, 4.5% of the total of all monies received
| ||||||
| 14 | by the State as privilege taxes shall be paid into the State | ||||||
| 15 | treasury
into a special Fund to be known as the Metropolitan | ||||||
| 16 | Exposition,
Auditorium, and Office Building Fund.
| ||||||
| 17 | (c) Fifty per cent of the total of all monies received by | ||||||
| 18 | the State
as privilege taxes under the provisions of this Act | ||||||
| 19 | shall be paid into
the Agricultural Premium Fund.
| ||||||
| 20 | (d) Seven per cent of the total of all monies received by | ||||||
| 21 | the State
as privilege taxes shall be paid into the Fair and | ||||||
| 22 | Exposition Fund in
the State treasury; provided, however, that | ||||||
| 23 | when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||||||
| 24 | Fair and Exposition Authority shall have
been paid or payment | ||||||
| |||||||
| |||||||
| 1 | shall have been provided for upon a refunding of those
bonds, | ||||||
| 2 | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| ||||||
| 3 | month into the Build Illinois Fund, and the remainder into the | ||||||
| 4 | Fair and
Exposition Fund. All excess monies shall be allocated | ||||||
| 5 | to the Department of
Agriculture for distribution to county | ||||||
| 6 | fairs for premiums and
rehabilitation as set forth in the | ||||||
| 7 | Agricultural Fair Act.
| ||||||
| 8 | (e) The monies provided for in Section 30 shall be paid | ||||||
| 9 | into the
Illinois Thoroughbred Breeders Fund.
| ||||||
| 10 | (f) The monies provided for in Section 31 shall be paid | ||||||
| 11 | into the
Illinois Standardbred Breeders Fund.
| ||||||
| 12 | (g) Until January 1, 2000, that part representing
1/2 of | ||||||
| 13 | the total breakage in Thoroughbred,
Harness, Appaloosa, | ||||||
| 14 | Arabian, and Quarter Horse racing in the State shall
be paid | ||||||
| 15 | into the Illinois Race Track Improvement Fund as established
in | ||||||
| 16 | Section 32.
| ||||||
| 17 | (h) All other monies received by the Board under this Act | ||||||
| 18 | shall be
paid into the Horse Racing Fund.
| ||||||
| 19 | (i) The salaries of the Board members, secretary, stewards,
| ||||||
| 20 | directors of mutuels, veterinarians, representatives, | ||||||
| 21 | accountants,
clerks, stenographers, inspectors and other | ||||||
| 22 | employees of the Board, and
all expenses of the Board incident | ||||||
| 23 | to the administration of this Act,
including, but not limited | ||||||
| 24 | to, all expenses and salaries incident to the
taking of saliva | ||||||
| 25 | and urine samples in accordance with the rules and
regulations | ||||||
| 26 | of the Board shall be paid out of the Agricultural Premium
| ||||||
| |||||||
| |||||||
| 1 | Fund.
| ||||||
| 2 | (j) The Agricultural Premium Fund shall also be used:
| ||||||
| 3 | (1) for the expenses of operating the Illinois State | ||||||
| 4 | Fair and the
DuQuoin State Fair, including the
payment of | ||||||
| 5 | prize money or premiums;
| ||||||
| 6 | (2) for the distribution to county fairs, vocational | ||||||
| 7 | agriculture
section fairs, agricultural societies, and | ||||||
| 8 | agricultural extension clubs
in accordance with the | ||||||
| 9 | Agricultural Fair Act, as
amended;
| ||||||
| 10 | (3) for payment of prize monies and premiums awarded | ||||||
| 11 | and for
expenses incurred in connection with the | ||||||
| 12 | International Livestock
Exposition and the Mid-Continent | ||||||
| 13 | Livestock Exposition held in Illinois,
which premiums, and | ||||||
| 14 | awards must be approved, and paid by the Illinois
| ||||||
| 15 | Department of Agriculture;
| ||||||
| 16 | (4) for personal service of county agricultural | ||||||
| 17 | advisors and county
home advisors;
| ||||||
| 18 | (5) for distribution to agricultural home economic | ||||||
| 19 | extension
councils in accordance with "An Act in relation | ||||||
| 20 | to additional support
and finance for the Agricultural and | ||||||
| 21 | Home Economic Extension Councils in
the several counties in | ||||||
| 22 | this State and making an appropriation
therefor", approved | ||||||
| 23 | July 24, 1967, as amended;
| ||||||
| 24 | (6) for research on equine disease, including a | ||||||
| 25 | development center
therefor;
| ||||||
| 26 | (7) for training scholarships for study on equine | ||||||
| |||||||
| |||||||
| 1 | diseases to
students at the University of Illinois College | ||||||
| 2 | of Veterinary Medicine;
| ||||||
| 3 | (8) for the rehabilitation, repair and maintenance of
| ||||||
| 4 | the Illinois and DuQuoin State Fair Grounds and
the | ||||||
| 5 | structures and facilities thereon and the construction of | ||||||
| 6 | permanent
improvements on such Fair Grounds, including | ||||||
| 7 | such structures, facilities and
property located on such
| ||||||
| 8 | State Fair Grounds which are under the custody and control | ||||||
| 9 | of the
Department of Agriculture;
| ||||||
| 10 | (9) for the expenses of the Department of Agriculture | ||||||
| 11 | under Section
5-530 of the Departments of State Government | ||||||
| 12 | Law (20 ILCS
5/5-530);
| ||||||
| 13 | (10) for the expenses of the Department of Commerce and | ||||||
| 14 | Economic Opportunity under Sections
605-620, 605-625, and
| ||||||
| 15 | 605-630 of the Department of Commerce and Economic | ||||||
| 16 | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | ||||||
| 17 | 605/605-630);
| ||||||
| 18 | (11) for remodeling, expanding, and reconstructing | ||||||
| 19 | facilities
destroyed by fire of any Fair and Exposition | ||||||
| 20 | Authority in counties with
a population of 1,000,000 or | ||||||
| 21 | more inhabitants;
| ||||||
| 22 | (12) for the purpose of assisting in the care and | ||||||
| 23 | general
rehabilitation of veterans with disabilities | ||||||
| 24 | disabled veterans of any war and their surviving
spouses | ||||||
| 25 | and orphans;
| ||||||
| 26 | (13) for expenses of the Department of State Police for | ||||||
| |||||||
| |||||||
| 1 | duties
performed under this Act;
| ||||||
| 2 | (14) for the Department of Agriculture for soil surveys | ||||||
| 3 | and soil and water
conservation purposes;
| ||||||
| 4 | (15) for the Department of Agriculture for grants to | ||||||
| 5 | the City of Chicago
for conducting the Chicagofest;
| ||||||
| 6 | (16) for the State Comptroller for grants and operating | ||||||
| 7 | expenses authorized by the Illinois Global Partnership | ||||||
| 8 | Act.
| ||||||
| 9 | (k) To the extent that monies paid by the Board to the | ||||||
| 10 | Agricultural
Premium Fund are in the opinion of the Governor in | ||||||
| 11 | excess of the amount
necessary for the purposes herein stated, | ||||||
| 12 | the Governor shall notify the
Comptroller and the State | ||||||
| 13 | Treasurer of such fact, who, upon receipt of
such notification, | ||||||
| 14 | shall transfer such excess monies from the
Agricultural Premium | ||||||
| 15 | Fund to the General Revenue Fund.
| ||||||
| 16 | (Source: P.A. 97-1060, eff. 8-24-12.)
| ||||||
| 17 | Section 630. The Riverboat Gambling Act is amended by | ||||||
| 18 | changing Section 6 as follows:
| ||||||
| 19 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
| 20 | Sec. 6. Application for Owners License.
| ||||||
| 21 | (a) A qualified person may
apply to the Board for an owners | ||||||
| 22 | license to
conduct a riverboat gambling operation as provided | ||||||
| 23 | in this Act. The
application shall be made on forms provided by | ||||||
| 24 | the Board and shall contain
such information as the Board | ||||||
| |||||||
| |||||||
| 1 | prescribes, including but not limited to the
identity of the | ||||||
| 2 | riverboat on which such gambling operation is to be
conducted | ||||||
| 3 | and the exact location where such riverboat will be docked, a
| ||||||
| 4 | certification that the riverboat will be registered under this | ||||||
| 5 | Act at all
times during which gambling operations are conducted | ||||||
| 6 | on board, detailed
information regarding the ownership and | ||||||
| 7 | management of the applicant, and
detailed personal information | ||||||
| 8 | regarding the applicant. Any application for an
owners license | ||||||
| 9 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
| 10 | applicant's license bid in a form prescribed by the Board.
| ||||||
| 11 | Information
provided on the application shall be used as a | ||||||
| 12 | basis for a thorough
background investigation which the Board | ||||||
| 13 | shall conduct with respect to each
applicant. An incomplete | ||||||
| 14 | application shall be cause for denial of a license
by the | ||||||
| 15 | Board.
| ||||||
| 16 | (b) Applicants shall submit with their application all | ||||||
| 17 | documents,
resolutions, and letters of support from the | ||||||
| 18 | governing body that represents
the municipality or county | ||||||
| 19 | wherein the licensee will dock.
| ||||||
| 20 | (c) Each applicant shall disclose the identity of every | ||||||
| 21 | person,
association, trust or corporation having a greater than | ||||||
| 22 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
| 23 | gambling operation with
respect to which the license is sought. | ||||||
| 24 | If the disclosed entity is a
trust, the application shall | ||||||
| 25 | disclose the names and addresses of the
beneficiaries; if a | ||||||
| 26 | corporation, the names and
addresses of all stockholders and | ||||||
| |||||||
| |||||||
| 1 | directors; if a partnership, the names
and addresses of all | ||||||
| 2 | partners, both general and limited.
| ||||||
| 3 | (d) An application shall be filed and considered in | ||||||
| 4 | accordance with the rules of the Board. An
application fee of | ||||||
| 5 | $50,000 shall be paid at the time of filing
to defray the costs | ||||||
| 6 | associated with the
background investigation conducted by the | ||||||
| 7 | Board. If the costs of the
investigation exceed $50,000, the | ||||||
| 8 | applicant shall pay the additional amount
to the Board. If the | ||||||
| 9 | costs of the investigation are less than $50,000, the
applicant | ||||||
| 10 | shall receive a refund of the remaining amount. All
| ||||||
| 11 | information, records, interviews, reports, statements, | ||||||
| 12 | memoranda or other
data supplied to or used by the Board in the | ||||||
| 13 | course of its review or
investigation of an application for a | ||||||
| 14 | license or a renewal under this Act shall be
privileged, | ||||||
| 15 | strictly confidential and shall be used only for the purpose of
| ||||||
| 16 | evaluating an applicant for a license or a renewal. Such | ||||||
| 17 | information, records, interviews, reports,
statements, | ||||||
| 18 | memoranda or other data shall not be admissible as evidence,
| ||||||
| 19 | nor discoverable in any action of any kind in any court or | ||||||
| 20 | before any
tribunal, board, agency or person, except for any | ||||||
| 21 | action deemed necessary
by the Board.
| ||||||
| 22 | (e) The Board shall charge each applicant a fee set by the | ||||||
| 23 | Department of
State Police to defray the costs associated with | ||||||
| 24 | the search and
classification of fingerprints obtained by the | ||||||
| 25 | Board with respect to the
applicant's application. These fees | ||||||
| 26 | shall be paid into the State Police
Services Fund.
| ||||||
| |||||||
| |||||||
| 1 | (f) The licensed owner shall be the person primarily | ||||||
| 2 | responsible for the
boat itself. Only one riverboat gambling | ||||||
| 3 | operation may be authorized
by the Board on any riverboat. The | ||||||
| 4 | applicant must identify each riverboat
it intends to use and | ||||||
| 5 | certify that the riverboat: (1) has the authorized
capacity | ||||||
| 6 | required in this Act; (2) is accessible to persons with | ||||||
| 7 | disabilities disabled persons; and
(3) is fully registered and | ||||||
| 8 | licensed in accordance
with any applicable laws.
| ||||||
| 9 | (g) A person who knowingly makes a false statement on an | ||||||
| 10 | application is
guilty of a Class A misdemeanor.
| ||||||
| 11 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
| 12 | Section 635. The Bingo License and Tax Act is amended by | ||||||
| 13 | changing Section 1.3 as follows:
| ||||||
| 14 | (230 ILCS 25/1.3)
| ||||||
| 15 | Sec. 1.3. Restrictions on licensure. Licensing for the | ||||||
| 16 | conducting of bingo is subject to the following restrictions: | ||||||
| 17 | (1) The license application, when submitted to the | ||||||
| 18 | Department, must contain a sworn statement attesting to the | ||||||
| 19 | not-for-profit character of the prospective licensee | ||||||
| 20 | organization, signed by a person listed on the application | ||||||
| 21 | as an owner, officer, or other person in charge of the | ||||||
| 22 | necessary day-to-day operations of that organization. | ||||||
| 23 | (2) The license application shall be prepared in | ||||||
| 24 | accordance with the rules of the Department. | ||||||
| |||||||
| |||||||
| 1 | (3) The licensee shall prominently display the license | ||||||
| 2 | in the area where the licensee conducts bingo. The licensee | ||||||
| 3 | shall likewise display, in the form and manner as | ||||||
| 4 | prescribed by the Department, the provisions of Section 8 | ||||||
| 5 | of this Act. | ||||||
| 6 | (4) Each license shall state the day of the week, hours | ||||||
| 7 | and at which location the licensee is permitted to conduct | ||||||
| 8 | bingo games. | ||||||
| 9 | (5) A license is not assignable or transferable. | ||||||
| 10 | (6) A license authorizes the licensee to conduct the | ||||||
| 11 | game commonly known as bingo, in which prizes are awarded | ||||||
| 12 | on the basis of designated numbers or symbols on a card | ||||||
| 13 | conforming to numbers or symbols selected at random. | ||||||
| 14 | (7) The Department may, on special application made by | ||||||
| 15 | any organization having a bingo license, issue a special | ||||||
| 16 | permit for conducting bingo at other premises and on other | ||||||
| 17 | days not exceeding 5 consecutive days, except that a | ||||||
| 18 | licensee may conduct bingo at the Illinois State Fair or | ||||||
| 19 | any county fair held in Illinois during each day that the | ||||||
| 20 | fair is held, without a fee. Bingo games conducted at the | ||||||
| 21 | Illinois State Fair or a county fair shall not require a | ||||||
| 22 | special permit. No more than 2 special permits may be | ||||||
| 23 | issued in one year to any one organization. | ||||||
| 24 | (8) Any organization qualified for a license but not | ||||||
| 25 | holding one may, upon application and payment of a | ||||||
| 26 | nonrefundable fee of $50, receive a limited license to | ||||||
| |||||||
| |||||||
| 1 | conduct bingo games at no more than 2 indoor or outdoor | ||||||
| 2 | festivals in a year for a maximum of 5 consecutive days on | ||||||
| 3 | each occasion. No more than 2 limited licenses under this | ||||||
| 4 | item (7) may be issued to any organization in any year. A | ||||||
| 5 | limited license must be prominently displayed at the site | ||||||
| 6 | where the bingo games are conducted. | ||||||
| 7 | (9) Senior citizens organizations and units of local | ||||||
| 8 | government may conduct bingo without a license or fee, | ||||||
| 9 | subject to the following conditions: | ||||||
| 10 | (A) bingo shall be conducted only (i) at a facility | ||||||
| 11 | that is owned by a unit of local government to which | ||||||
| 12 | the corporate authorities have given their approval | ||||||
| 13 | and that is used to provide social services or a | ||||||
| 14 | meeting place to senior citizens, (ii) in common areas | ||||||
| 15 | in multi-unit federally assisted rental housing | ||||||
| 16 | maintained solely for elderly persons and persons with | ||||||
| 17 | disabilities the elderly and handicapped, or (iii) at a | ||||||
| 18 | building owned by a church or veterans organization; | ||||||
| 19 | (B) the price paid for a single card shall not | ||||||
| 20 | exceed 50 cents; | ||||||
| 21 | (C) the aggregate retail value of all prizes or | ||||||
| 22 | merchandise awarded in any one game of bingo shall not | ||||||
| 23 | exceed $10; | ||||||
| 24 | (D) no person or organization shall participate in | ||||||
| 25 | the management or operation of bingo under this item | ||||||
| 26 | (9) if the person or organization would be ineligible | ||||||
| |||||||
| |||||||
| 1 | for a license under this Section; and | ||||||
| 2 | (E) no license is required to provide premises for | ||||||
| 3 | bingo conducted under this item (9). | ||||||
| 4 | (10) Bingo equipment shall not be used for any purpose | ||||||
| 5 | other than for the play of bingo.
| ||||||
| 6 | (Source: P.A. 96-210, eff. 8-10-09; 96-1055, eff. 7-14-10; | ||||||
| 7 | 96-1150, eff. 7-21-10; 97-333, eff. 8-12-11.)
| ||||||
| 8 | Section 640. The Illinois Public Aid Code is amended by | ||||||
| 9 | changing Sections 4-1.1, 4-1.6, 4-2, 4-3a, 5-1, 5-1.1, 5-2, | ||||||
| 10 | 5-4, 5-5.4f, 5-5.17, 5-5a, and 5-13 and the heading of Article | ||||||
| 11 | V-C and Sections 5C-1, 5C-2, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7, | ||||||
| 12 | 5C-8, 5C-10, 6-1.2, 6-2, 6-11, 11-20, 12-4.42, and 12-5 as | ||||||
| 13 | follows:
| ||||||
| 14 | (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
| ||||||
| 15 | Sec. 4-1.1. Child age eligibility.
| ||||||
| 16 | (a) Every assistance unit must include a child, except as | ||||||
| 17 | provided in
subsections (b) and (c). The child or children must | ||||||
| 18 | have already been born
and be under age 18, or, if age 18, must | ||||||
| 19 | be a full-time student in a secondary
school or the equivalent | ||||||
| 20 | level of vocational or technical training.
| ||||||
| 21 | (b) Grants shall be provided for assistance units | ||||||
| 22 | consisting exclusively
of a pregnant woman with no dependent | ||||||
| 23 | child, and may include her husband if
living with her, if the | ||||||
| 24 | pregnancy has been determined by medical diagnosis.
| ||||||
| |||||||
| |||||||
| 1 | (c) Grants may be provided for assistance units consisting | ||||||
| 2 | of only adults
if all the children living with those adults are | ||||||
| 3 | children with disabilities disabled and receive
Supplemental | ||||||
| 4 | Security Income.
| ||||||
| 5 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
| 6 | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
| ||||||
| 7 | Sec. 4-1.6. Need. Income available to the family as defined | ||||||
| 8 | by the
Illinois Department by rule, or to the child
in the case | ||||||
| 9 | of a child removed from his or her home, when added to
| ||||||
| 10 | contributions in money, substance or services from other | ||||||
| 11 | sources,
including income available from parents absent from | ||||||
| 12 | the home or from a
stepparent, contributions made for the | ||||||
| 13 | benefit of the parent or other
persons necessary to provide | ||||||
| 14 | care and supervision to the child, and
contributions from | ||||||
| 15 | legally responsible relatives, must be equal to or less than | ||||||
| 16 | the grant amount established by Department regulation for such
| ||||||
| 17 | a person. For purposes of eligibility for aid under this | ||||||
| 18 | Article, the Department shall (a) disregard all earned income | ||||||
| 19 | between the grant amount and 50% of the Federal Poverty Level | ||||||
| 20 | and (b) disregard the value of all assets held by the family.
| ||||||
| 21 | In considering income to be taken into account, | ||||||
| 22 | consideration shall
be given to any expenses reasonably | ||||||
| 23 | attributable to the earning of such
income. Three-fourths of | ||||||
| 24 | the earned income of a household eligible for aid under this | ||||||
| 25 | Article shall be disregarded when determining the level of | ||||||
| |||||||
| |||||||
| 1 | assistance for which a household is eligible. The Illinois | ||||||
| 2 | Department may also permit all or any
portion of earned or | ||||||
| 3 | other income to be set aside for the future
identifiable needs | ||||||
| 4 | of a child. The Illinois Department
may provide by rule and | ||||||
| 5 | regulation for the exemptions thus permitted or
required. The | ||||||
| 6 | eligibility of any applicant for or recipient of public
aid | ||||||
| 7 | under this Article is not affected by the payment of any grant | ||||||
| 8 | under
the "Senior Citizens and Persons with Disabilities | ||||||
| 9 | Disabled Persons Property Tax Relief Act" or any distributions | ||||||
| 10 | or items of income
described under subparagraph (X) of
| ||||||
| 11 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
| 12 | Income Tax
Act.
| ||||||
| 13 | The Illinois Department may, by rule, set forth criteria | ||||||
| 14 | under which an
assistance unit is ineligible for cash | ||||||
| 15 | assistance under this Article for a
specified number of months | ||||||
| 16 | due to the receipt of a lump sum payment.
| ||||||
| 17 | (Source: P.A. 97-689, eff. 6-14-12; 98-114, eff. 7-29-13.)
| ||||||
| 18 | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| ||||||
| 19 | Sec. 4-2. Amount of aid.
| ||||||
| 20 | (a) The amount and nature of financial aid shall be | ||||||
| 21 | determined in accordance
with the grant amounts, rules and | ||||||
| 22 | regulations of the Illinois Department. Due
regard shall be | ||||||
| 23 | given to the self-sufficiency requirements of the family and to
| ||||||
| 24 | the income, money contributions and other support and resources | ||||||
| 25 | available, from
whatever source. However, the amount and nature | ||||||
| |||||||
| |||||||
| 1 | of any financial aid is not
affected by the payment of any | ||||||
| 2 | grant under the "Senior Citizens and Persons with Disabilities | ||||||
| 3 | Disabled
Persons Property Tax Relief Act" or any
distributions | ||||||
| 4 | or items of income described under subparagraph (X) of | ||||||
| 5 | paragraph
(2) of subsection (a) of Section 203 of the Illinois | ||||||
| 6 | Income Tax Act. The aid
shall be sufficient, when added to all | ||||||
| 7 | other income, money contributions and
support to provide the | ||||||
| 8 | family with a grant in the amount established by
Department | ||||||
| 9 | regulation.
| ||||||
| 10 | Subject to appropriation, beginning on July 1, 2008, the | ||||||
| 11 | Department of Human Services shall increase TANF grant amounts | ||||||
| 12 | in effect on June 30, 2008 by 15%. The Department is authorized | ||||||
| 13 | to administer this increase but may not otherwise adopt any | ||||||
| 14 | rule to implement this increase. | ||||||
| 15 | (b) The Illinois Department may conduct special projects, | ||||||
| 16 | which may be
known as Grant Diversion Projects, under which | ||||||
| 17 | recipients of financial aid
under this Article are placed in | ||||||
| 18 | jobs and their grants are diverted to the
employer who in turn | ||||||
| 19 | makes payments to the recipients in the form of salary
or other | ||||||
| 20 | employment benefits. The Illinois Department shall by rule | ||||||
| 21 | specify
the terms and conditions of such Grant Diversion | ||||||
| 22 | Projects. Such projects
shall take into consideration and be | ||||||
| 23 | coordinated with the programs
administered under the Illinois | ||||||
| 24 | Emergency Employment Development Act.
| ||||||
| 25 | (c) The amount and nature of the financial aid for a child | ||||||
| 26 | requiring
care outside his own home shall be determined in | ||||||
| |||||||
| |||||||
| 1 | accordance with the rules
and regulations of the Illinois | ||||||
| 2 | Department, with due regard to the needs
and requirements of | ||||||
| 3 | the child in the foster home or institution in which
he has | ||||||
| 4 | been placed.
| ||||||
| 5 | (d) If the Department establishes grants for family units | ||||||
| 6 | consisting
exclusively of a pregnant woman with no dependent | ||||||
| 7 | child or including her
husband if living with her, the grant | ||||||
| 8 | amount for such a unit
shall be equal to the grant amount for | ||||||
| 9 | an assistance unit consisting of one
adult, or 2 persons if the | ||||||
| 10 | husband is included. Other than as herein
described, an unborn | ||||||
| 11 | child shall not be counted
in determining the size of an | ||||||
| 12 | assistance unit or for calculating grants.
| ||||||
| 13 | Payments for basic maintenance requirements of a child or | ||||||
| 14 | children
and the relative with whom the child or children are | ||||||
| 15 | living shall be
prescribed, by rule, by the Illinois | ||||||
| 16 | Department.
| ||||||
| 17 | Grants under this Article shall not be supplemented by | ||||||
| 18 | General
Assistance provided under Article VI.
| ||||||
| 19 | (e) Grants shall be paid to the parent or other person with | ||||||
| 20 | whom the
child or children are living, except for such amount | ||||||
| 21 | as is paid in
behalf of the child or his parent or other | ||||||
| 22 | relative to other persons or
agencies pursuant to this Code or | ||||||
| 23 | the rules and regulations of the
Illinois Department.
| ||||||
| 24 | (f) Subject to subsection (f-5), an assistance unit, | ||||||
| 25 | receiving
financial
aid under this Article or
temporarily | ||||||
| 26 | ineligible to receive aid under this Article under a penalty
| ||||||
| |||||||
| |||||||
| 1 | imposed by the Illinois Department for failure to comply with | ||||||
| 2 | the eligibility
requirements or that voluntarily requests | ||||||
| 3 | termination of financial assistance
under this Article and | ||||||
| 4 | becomes subsequently eligible for assistance within 9
months, | ||||||
| 5 | shall not receive any increase in the amount of aid solely on | ||||||
| 6 | account
of the birth of a child; except that an increase is not | ||||||
| 7 | prohibited when the
birth is (i) of a child of a pregnant woman
| ||||||
| 8 | who became eligible for aid under this Article during the | ||||||
| 9 | pregnancy,
or (ii) of a child born within 10 months after the | ||||||
| 10 | date of implementation of
this subsection, or (iii) of a child | ||||||
| 11 | conceived after a family became
ineligible for assistance due | ||||||
| 12 | to income or marriage and at least 3 months of
ineligibility | ||||||
| 13 | expired before any reapplication for assistance. This | ||||||
| 14 | subsection
does not, however, prevent a unit from receiving a | ||||||
| 15 | general increase in the
amount of aid that is provided to all | ||||||
| 16 | recipients of aid under this Article.
| ||||||
| 17 | The Illinois Department is authorized to transfer funds, | ||||||
| 18 | and shall use any
budgetary savings attributable to not | ||||||
| 19 | increasing the grants due to the births
of additional children, | ||||||
| 20 | to supplement existing funding for employment and
training | ||||||
| 21 | services for recipients of aid under this Article IV. The | ||||||
| 22 | Illinois
Department shall target, to the extent the | ||||||
| 23 | supplemental funding allows,
employment and training services | ||||||
| 24 | to the families who do not receive a grant
increase after the | ||||||
| 25 | birth of a child. In addition, the Illinois Department
shall | ||||||
| 26 | provide, to the extent the supplemental funding allows, such | ||||||
| |||||||
| |||||||
| 1 | families
with up to 24 months of transitional child care | ||||||
| 2 | pursuant to Illinois Department
rules. All remaining | ||||||
| 3 | supplemental funds shall be used for employment and
training | ||||||
| 4 | services or transitional child care support.
| ||||||
| 5 | In making the transfers authorized by this subsection, the | ||||||
| 6 | Illinois
Department shall first determine, pursuant to | ||||||
| 7 | regulations adopted by the
Illinois Department for this | ||||||
| 8 | purpose, the amount of savings attributable to
not increasing | ||||||
| 9 | the grants due to the births of additional children. Transfers
| ||||||
| 10 | may be made from General Revenue Fund appropriations for | ||||||
| 11 | distributive purposes
authorized by Article IV of this Code | ||||||
| 12 | only to General Revenue Fund
appropriations for employability | ||||||
| 13 | development services including operating
and administrative | ||||||
| 14 | costs and related distributive purposes under Article
IXA of | ||||||
| 15 | this Code. The Director, with the approval of the Governor, | ||||||
| 16 | shall
certify the amount and affected line item appropriations | ||||||
| 17 | to the State
Comptroller.
| ||||||
| 18 | Nothing in this subsection shall be construed to prohibit | ||||||
| 19 | the Illinois
Department from using funds under this Article IV | ||||||
| 20 | to provide
assistance in the form of vouchers
that may be used | ||||||
| 21 | to pay for goods and services deemed by the Illinois
| ||||||
| 22 | Department, by rule, as suitable for the care of the child such | ||||||
| 23 | as diapers,
clothing, school supplies, and cribs.
| ||||||
| 24 | (f-5) Subsection (f) shall not apply to affect the monthly | ||||||
| 25 | assistance
amount of
any family as a result of the birth of a | ||||||
| 26 | child on or after January 1, 2004.
As resources permit after | ||||||
| |||||||
| |||||||
| 1 | January 1, 2004, the Department may
cease applying subsection | ||||||
| 2 | (f) to limit assistance to families receiving
assistance under | ||||||
| 3 | this Article on January 1, 2004, with respect to children
born | ||||||
| 4 | prior to that date. In any event, subsection (f) shall be | ||||||
| 5 | completely
inoperative on and after July 1, 2007.
| ||||||
| 6 | (g) (Blank).
| ||||||
| 7 | (h) Notwithstanding any other provision of this Code, the | ||||||
| 8 | Illinois
Department is authorized to reduce payment levels used | ||||||
| 9 | to determine cash grants
under this Article after December 31 | ||||||
| 10 | of any fiscal year if the Illinois
Department determines that | ||||||
| 11 | the caseload upon which the appropriations for the
current | ||||||
| 12 | fiscal year are based have increased by more than 5% and the
| ||||||
| 13 | appropriation is not sufficient to ensure that
cash benefits | ||||||
| 14 | under this Article do not exceed the amounts appropriated for
| ||||||
| 15 | those cash benefits. Reductions in payment levels may be | ||||||
| 16 | accomplished by
emergency rule under Section 5-45 of the | ||||||
| 17 | Illinois Administrative Procedure Act,
except that the | ||||||
| 18 | limitation on the number of emergency rules that may be adopted
| ||||||
| 19 | in a 24-month period shall not apply and the provisions of | ||||||
| 20 | Sections 5-115 and
5-125 of the Illinois Administrative | ||||||
| 21 | Procedure Act shall not apply.
Increases in payment levels | ||||||
| 22 | shall be accomplished only in accordance with
Section 5-40 of | ||||||
| 23 | the Illinois Administrative Procedure Act. Before any rule
to | ||||||
| 24 | increase payment levels
promulgated under this Section shall | ||||||
| 25 | become effective, a joint resolution
approving the rule must be | ||||||
| 26 | adopted by a roll call vote by a majority of the
members | ||||||
| |||||||
| |||||||
| 1 | elected to each chamber of the General Assembly.
| ||||||
| 2 | (Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
| ||||||
| 3 | (305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)
| ||||||
| 4 | Sec. 4-3a.
No otherwise qualified child with a disability | ||||||
| 5 | handicapped child receiving special
education and related | ||||||
| 6 | services under Article 14 of The School Code shall
solely by | ||||||
| 7 | reason of his or her disability handicap be excluded from the | ||||||
| 8 | participation
in or be denied the benefits of or be subjected | ||||||
| 9 | to discrimination under
any program or activity provided by the | ||||||
| 10 | Department.
| ||||||
| 11 | (Source: P.A. 80-1403.)
| ||||||
| 12 | (305 ILCS 5/5-1) (from Ch. 23, par. 5-1)
| ||||||
| 13 | Sec. 5-1. Declaration of purpose. It is the purpose of this | ||||||
| 14 | Article to
provide a program of essential
medical care and | ||||||
| 15 | rehabilitative services for persons receiving basic
| ||||||
| 16 | maintenance grants under this Code and for other persons who | ||||||
| 17 | are unable,
because of inadequate resources, to meet their | ||||||
| 18 | essential medical needs.
| ||||||
| 19 | Preservation of health, alleviation of sickness, and | ||||||
| 20 | correction of
disabling handicapping conditions for persons | ||||||
| 21 | requiring maintenance support are
essential if they are to have | ||||||
| 22 | an opportunity to become self-supporting or
to attain a greater | ||||||
| 23 | capacity for self-care. For persons who are medically
indigent | ||||||
| 24 | but otherwise able to provide themselves with a livelihood, it | ||||||
| |||||||
| |||||||
| 1 | is
of special importance to maintain their incentives for | ||||||
| 2 | continued
independence and preserve their limited resources | ||||||
| 3 | for ordinary maintenance
needs to prevent their total or | ||||||
| 4 | substantial dependency.
| ||||||
| 5 | (Source: Laws 1967, p. 122.)
| ||||||
| 6 | (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
| ||||||
| 7 | Sec. 5-1.1. Definitions. The terms defined in this Section
| ||||||
| 8 | shall have the meanings ascribed to them, except when the
| ||||||
| 9 | context otherwise requires.
| ||||||
| 10 | (a) "Nursing facility" means a facility, licensed by the | ||||||
| 11 | Department of Public Health under the Nursing Home Care Act, | ||||||
| 12 | that provides nursing facility services within the meaning of | ||||||
| 13 | Title XIX of
the federal Social Security Act.
| ||||||
| 14 | (b) "Intermediate care facility for persons with | ||||||
| 15 | developmental disabilities the developmentally disabled" or | ||||||
| 16 | "ICF/DD" means a facility, licensed by the Department of Public | ||||||
| 17 | Health under the ID/DD Community Care Act, that is an | ||||||
| 18 | intermediate care facility for the mentally retarded within the | ||||||
| 19 | meaning of Title XIX
of the federal Social Security Act.
| ||||||
| 20 | (c) "Standard services" means those services required for
| ||||||
| 21 | the care of all patients in the facility and shall, as a
| ||||||
| 22 | minimum, include the following: (1) administration; (2)
| ||||||
| 23 | dietary (standard); (3) housekeeping; (4) laundry and linen;
| ||||||
| 24 | (5) maintenance of property and equipment, including | ||||||
| 25 | utilities;
(6) medical records; (7) training of employees; (8) | ||||||
| |||||||
| |||||||
| 1 | utilization
review; (9) activities services; (10) social | ||||||
| 2 | services; (11)
disability services; and all other similar | ||||||
| 3 | services required
by either the laws of the State of Illinois | ||||||
| 4 | or one of its
political subdivisions or municipalities or by | ||||||
| 5 | Title XIX of
the Social Security Act.
| ||||||
| 6 | (d) "Patient services" means those which vary with the
| ||||||
| 7 | number of personnel; professional and para-professional
skills | ||||||
| 8 | of the personnel; specialized equipment, and reflect
the | ||||||
| 9 | intensity of the medical and psycho-social needs of the
| ||||||
| 10 | patients. Patient services shall as a minimum include:
(1) | ||||||
| 11 | physical services; (2) nursing services, including
restorative | ||||||
| 12 | nursing; (3) medical direction and patient care
planning; (4) | ||||||
| 13 | health related supportive and habilitative
services and all | ||||||
| 14 | similar services required by either the
laws of the State of | ||||||
| 15 | Illinois or one of its political
subdivisions or municipalities | ||||||
| 16 | or by Title XIX of the
Social Security Act.
| ||||||
| 17 | (e) "Ancillary services" means those services which
| ||||||
| 18 | require a specific physician's order and defined as under
the | ||||||
| 19 | medical assistance program as not being routine in
nature for | ||||||
| 20 | skilled nursing facilities and ICF/DDs.
Such services | ||||||
| 21 | generally must be authorized prior to delivery
and payment as | ||||||
| 22 | provided for under the rules of the Department
of Healthcare | ||||||
| 23 | and Family Services.
| ||||||
| 24 | (f) "Capital" means the investment in a facility's assets
| ||||||
| 25 | for both debt and non-debt funds. Non-debt capital is the
| ||||||
| 26 | difference between an adjusted replacement value of the assets
| ||||||
| |||||||
| |||||||
| 1 | and the actual amount of debt capital.
| ||||||
| 2 | (g) "Profit" means the amount which shall accrue to a
| ||||||
| 3 | facility as a result of its revenues exceeding its expenses
as | ||||||
| 4 | determined in accordance with generally accepted accounting
| ||||||
| 5 | principles.
| ||||||
| 6 | (h) "Non-institutional services" means those services | ||||||
| 7 | provided under
paragraph (f) of Section 3 of the Rehabilitation | ||||||
| 8 | of Persons with Disabilities Disabled Persons Rehabilitation | ||||||
| 9 | Act and those services provided under Section 4.02 of the | ||||||
| 10 | Illinois Act on the Aging.
| ||||||
| 11 | (i) (Blank).
| ||||||
| 12 | (j) "Institutionalized person" means an individual who is | ||||||
| 13 | an inpatient
in an ICF/DD or nursing facility, or who is an | ||||||
| 14 | inpatient in
a medical
institution receiving a level of care | ||||||
| 15 | equivalent to that of an ICF/DD or nursing facility, or who is | ||||||
| 16 | receiving services under
Section 1915(c) of the Social Security | ||||||
| 17 | Act.
| ||||||
| 18 | (k) "Institutionalized spouse" means an institutionalized | ||||||
| 19 | person who is
expected to receive services at the same level of | ||||||
| 20 | care for at least 30 days
and is married to a spouse who is not | ||||||
| 21 | an institutionalized person.
| ||||||
| 22 | (l) "Community spouse" is the spouse of an | ||||||
| 23 | institutionalized spouse.
| ||||||
| 24 | (m) "Health Benefits Service Package" means, subject to | ||||||
| 25 | federal approval, benefits covered by the medical assistance | ||||||
| 26 | program as determined by the Department by rule for individuals | ||||||
| |||||||
| |||||||
| 1 | eligible for medical assistance under paragraph 18 of Section | ||||||
| 2 | 5-2 of this Code. | ||||||
| 3 | (n) "Federal poverty level" means the poverty guidelines | ||||||
| 4 | updated periodically in the Federal Register by the U.S. | ||||||
| 5 | Department of Health and Human Services. These guidelines set | ||||||
| 6 | poverty levels by family size. | ||||||
| 7 | (Source: P.A. 97-227, eff. 1-1-12; 97-820, eff. 7-17-12; | ||||||
| 8 | 98-104, eff. 7-22-13.)
| ||||||
| 9 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
| 10 | Sec. 5-2. Classes of Persons Eligible. | ||||||
| 11 | Medical assistance under this
Article shall be available to | ||||||
| 12 | any of the following classes of persons in
respect to whom a | ||||||
| 13 | plan for coverage has been submitted to the Governor
by the | ||||||
| 14 | Illinois Department and approved by him. If changes made in | ||||||
| 15 | this Section 5-2 require federal approval, they shall not take | ||||||
| 16 | effect until such approval has been received:
| ||||||
| 17 | 1. Recipients of basic maintenance grants under | ||||||
| 18 | Articles III and IV.
| ||||||
| 19 | 2. Beginning January 1, 2014, persons otherwise | ||||||
| 20 | eligible for basic maintenance under Article
III, | ||||||
| 21 | excluding any eligibility requirements that are | ||||||
| 22 | inconsistent with any federal law or federal regulation, as | ||||||
| 23 | interpreted by the U.S. Department of Health and Human | ||||||
| 24 | Services, but who fail to qualify thereunder on the basis | ||||||
| 25 | of need, and
who have insufficient income and resources to | ||||||
| |||||||
| |||||||
| 1 | meet the costs of
necessary medical care, including but not | ||||||
| 2 | limited to the following:
| ||||||
| 3 | (a) All persons otherwise eligible for basic | ||||||
| 4 | maintenance under Article
III but who fail to qualify | ||||||
| 5 | under that Article on the basis of need and who
meet | ||||||
| 6 | either of the following requirements:
| ||||||
| 7 | (i) their income, as determined by the | ||||||
| 8 | Illinois Department in
accordance with any federal | ||||||
| 9 | requirements, is equal to or less than 100% of the | ||||||
| 10 | federal poverty level; or
| ||||||
| 11 | (ii) their income, after the deduction of | ||||||
| 12 | costs incurred for medical
care and for other types | ||||||
| 13 | of remedial care, is equal to or less than 100% of | ||||||
| 14 | the federal poverty level.
| ||||||
| 15 | (b) (Blank).
| ||||||
| 16 | 3. (Blank).
| ||||||
| 17 | 4. Persons not eligible under any of the preceding | ||||||
| 18 | paragraphs who fall
sick, are injured, or die, not having | ||||||
| 19 | sufficient money, property or other
resources to meet the | ||||||
| 20 | costs of necessary medical care or funeral and burial
| ||||||
| 21 | expenses.
| ||||||
| 22 | 5.(a) Women during pregnancy and during the
60-day | ||||||
| 23 | period beginning on the last day of the pregnancy, together | ||||||
| 24 | with
their infants,
whose income is at or below 200% of the | ||||||
| 25 | federal poverty level. Until September 30, 2019, or sooner | ||||||
| 26 | if the maintenance of effort requirements under the Patient | ||||||
| |||||||
| |||||||
| 1 | Protection and Affordable Care Act are eliminated or may be | ||||||
| 2 | waived before then, women during pregnancy and during the | ||||||
| 3 | 60-day period beginning on the last day of the pregnancy, | ||||||
| 4 | whose countable monthly income, after the deduction of | ||||||
| 5 | costs incurred for medical care and for other types of | ||||||
| 6 | remedial care as specified in administrative rule, is equal | ||||||
| 7 | to or less than the Medical Assistance-No Grant(C) | ||||||
| 8 | (MANG(C)) Income Standard in effect on April 1, 2013 as set | ||||||
| 9 | forth in administrative rule.
| ||||||
| 10 | (b) The plan for coverage shall provide ambulatory | ||||||
| 11 | prenatal care to pregnant women during a
presumptive | ||||||
| 12 | eligibility period and establish an income eligibility | ||||||
| 13 | standard
that is equal to 200% of the federal poverty | ||||||
| 14 | level, provided that costs incurred
for medical care are | ||||||
| 15 | not taken into account in determining such income
| ||||||
| 16 | eligibility.
| ||||||
| 17 | (c) The Illinois Department may conduct a | ||||||
| 18 | demonstration in at least one
county that will provide | ||||||
| 19 | medical assistance to pregnant women, together
with their | ||||||
| 20 | infants and children up to one year of age,
where the | ||||||
| 21 | income
eligibility standard is set up to 185% of the | ||||||
| 22 | nonfarm income official
poverty line, as defined by the | ||||||
| 23 | federal Office of Management and Budget.
The Illinois | ||||||
| 24 | Department shall seek and obtain necessary authorization
| ||||||
| 25 | provided under federal law to implement such a | ||||||
| 26 | demonstration. Such
demonstration may establish resource | ||||||
| |||||||
| |||||||
| 1 | standards that are not more
restrictive than those | ||||||
| 2 | established under Article IV of this Code.
| ||||||
| 3 | 6. (a) Children younger than age 19 when countable | ||||||
| 4 | income is at or below 133% of the federal poverty level. | ||||||
| 5 | Until September 30, 2019, or sooner if the maintenance of | ||||||
| 6 | effort requirements under the Patient Protection and | ||||||
| 7 | Affordable Care Act are eliminated or may be waived before | ||||||
| 8 | then, children younger than age 19 whose countable monthly | ||||||
| 9 | income, after the deduction of costs incurred for medical | ||||||
| 10 | care and for other types of remedial care as specified in | ||||||
| 11 | administrative rule, is equal to or less than the Medical | ||||||
| 12 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
| 13 | on April 1, 2013 as set forth in administrative rule. | ||||||
| 14 | (b) Children and youth who are under temporary custody | ||||||
| 15 | or guardianship of the Department of Children and Family | ||||||
| 16 | Services or who receive financial assistance in support of | ||||||
| 17 | an adoption or guardianship placement from the Department | ||||||
| 18 | of Children and Family Services.
| ||||||
| 19 | 7. (Blank).
| ||||||
| 20 | 8. As required under federal law, persons who are | ||||||
| 21 | eligible for Transitional Medical Assistance as a result of | ||||||
| 22 | an increase in earnings or child or spousal support | ||||||
| 23 | received. The plan for coverage for this class of persons | ||||||
| 24 | shall:
| ||||||
| 25 | (a) extend the medical assistance coverage to the | ||||||
| 26 | extent required by federal law; and
| ||||||
| |||||||
| |||||||
| 1 | (b) offer persons who have initially received 6 | ||||||
| 2 | months of the
coverage provided in paragraph (a) above, | ||||||
| 3 | the option of receiving an
additional 6 months of | ||||||
| 4 | coverage, subject to the following:
| ||||||
| 5 | (i) such coverage shall be pursuant to | ||||||
| 6 | provisions of the federal
Social Security Act;
| ||||||
| 7 | (ii) such coverage shall include all services | ||||||
| 8 | covered under Illinois' State Medicaid Plan;
| ||||||
| 9 | (iii) no premium shall be charged for such | ||||||
| 10 | coverage; and
| ||||||
| 11 | (iv) such coverage shall be suspended in the | ||||||
| 12 | event of a person's
failure without good cause to | ||||||
| 13 | file in a timely fashion reports required for
this | ||||||
| 14 | coverage under the Social Security Act and | ||||||
| 15 | coverage shall be reinstated
upon the filing of | ||||||
| 16 | such reports if the person remains otherwise | ||||||
| 17 | eligible.
| ||||||
| 18 | 9. Persons with acquired immunodeficiency syndrome | ||||||
| 19 | (AIDS) or with
AIDS-related conditions with respect to whom | ||||||
| 20 | there has been a determination
that but for home or | ||||||
| 21 | community-based services such individuals would
require | ||||||
| 22 | the level of care provided in an inpatient hospital, | ||||||
| 23 | skilled
nursing facility or intermediate care facility the | ||||||
| 24 | cost of which is
reimbursed under this Article. Assistance | ||||||
| 25 | shall be provided to such
persons to the maximum extent | ||||||
| 26 | permitted under Title
XIX of the Federal Social Security | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | 10. Participants in the long-term care insurance | ||||||
| 3 | partnership program
established under the Illinois | ||||||
| 4 | Long-Term Care Partnership Program Act who meet the
| ||||||
| 5 | qualifications for protection of resources described in | ||||||
| 6 | Section 15 of that
Act.
| ||||||
| 7 | 11. Persons with disabilities who are employed and | ||||||
| 8 | eligible for Medicaid,
pursuant to Section | ||||||
| 9 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
| 10 | subject to federal approval, persons with a medically | ||||||
| 11 | improved disability who are employed and eligible for | ||||||
| 12 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
| 13 | the Social Security Act, as
provided by the Illinois | ||||||
| 14 | Department by rule. In establishing eligibility standards | ||||||
| 15 | under this paragraph 11, the Department shall, subject to | ||||||
| 16 | federal approval: | ||||||
| 17 | (a) set the income eligibility standard at not | ||||||
| 18 | lower than 350% of the federal poverty level; | ||||||
| 19 | (b) exempt retirement accounts that the person | ||||||
| 20 | cannot access without penalty before the age
of 59 1/2, | ||||||
| 21 | and medical savings accounts established pursuant to | ||||||
| 22 | 26 U.S.C. 220; | ||||||
| 23 | (c) allow non-exempt assets up to $25,000 as to | ||||||
| 24 | those assets accumulated during periods of eligibility | ||||||
| 25 | under this paragraph 11; and
| ||||||
| 26 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
| |||||||
| |||||||
| 1 | determining the eligibility of the person under this | ||||||
| 2 | Article even if the person loses eligibility under this | ||||||
| 3 | paragraph 11.
| ||||||
| 4 | 12. Subject to federal approval, persons who are | ||||||
| 5 | eligible for medical
assistance coverage under applicable | ||||||
| 6 | provisions of the federal Social Security
Act and the | ||||||
| 7 | federal Breast and Cervical Cancer Prevention and | ||||||
| 8 | Treatment Act of
2000. Those eligible persons are defined | ||||||
| 9 | to include, but not be limited to,
the following persons:
| ||||||
| 10 | (1) persons who have been screened for breast or | ||||||
| 11 | cervical cancer under
the U.S. Centers for Disease | ||||||
| 12 | Control and Prevention Breast and Cervical Cancer
| ||||||
| 13 | Program established under Title XV of the federal | ||||||
| 14 | Public Health Services Act in
accordance with the | ||||||
| 15 | requirements of Section 1504 of that Act as | ||||||
| 16 | administered by
the Illinois Department of Public | ||||||
| 17 | Health; and
| ||||||
| 18 | (2) persons whose screenings under the above | ||||||
| 19 | program were funded in whole
or in part by funds | ||||||
| 20 | appropriated to the Illinois Department of Public | ||||||
| 21 | Health
for breast or cervical cancer screening.
| ||||||
| 22 | "Medical assistance" under this paragraph 12 shall be | ||||||
| 23 | identical to the benefits
provided under the State's | ||||||
| 24 | approved plan under Title XIX of the Social Security
Act. | ||||||
| 25 | The Department must request federal approval of the | ||||||
| 26 | coverage under this
paragraph 12 within 30 days after the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory Act of
the 92nd General | ||||||
| 2 | Assembly.
| ||||||
| 3 | In addition to the persons who are eligible for medical | ||||||
| 4 | assistance pursuant to subparagraphs (1) and (2) of this | ||||||
| 5 | paragraph 12, and to be paid from funds appropriated to the | ||||||
| 6 | Department for its medical programs, any uninsured person | ||||||
| 7 | as defined by the Department in rules residing in Illinois | ||||||
| 8 | who is younger than 65 years of age, who has been screened | ||||||
| 9 | for breast and cervical cancer in accordance with standards | ||||||
| 10 | and procedures adopted by the Department of Public Health | ||||||
| 11 | for screening, and who is referred to the Department by the | ||||||
| 12 | Department of Public Health as being in need of treatment | ||||||
| 13 | for breast or cervical cancer is eligible for medical | ||||||
| 14 | assistance benefits that are consistent with the benefits | ||||||
| 15 | provided to those persons described in subparagraphs (1) | ||||||
| 16 | and (2). Medical assistance coverage for the persons who | ||||||
| 17 | are eligible under the preceding sentence is not dependent | ||||||
| 18 | on federal approval, but federal moneys may be used to pay | ||||||
| 19 | for services provided under that coverage upon federal | ||||||
| 20 | approval. | ||||||
| 21 | 13. Subject to appropriation and to federal approval, | ||||||
| 22 | persons living with HIV/AIDS who are not otherwise eligible | ||||||
| 23 | under this Article and who qualify for services covered | ||||||
| 24 | under Section 5-5.04 as provided by the Illinois Department | ||||||
| 25 | by rule.
| ||||||
| 26 | 14. Subject to the availability of funds for this | ||||||
| |||||||
| |||||||
| 1 | purpose, the Department may provide coverage under this | ||||||
| 2 | Article to persons who reside in Illinois who are not | ||||||
| 3 | eligible under any of the preceding paragraphs and who meet | ||||||
| 4 | the income guidelines of paragraph 2(a) of this Section and | ||||||
| 5 | (i) have an application for asylum pending before the | ||||||
| 6 | federal Department of Homeland Security or on appeal before | ||||||
| 7 | a court of competent jurisdiction and are represented | ||||||
| 8 | either by counsel or by an advocate accredited by the | ||||||
| 9 | federal Department of Homeland Security and employed by a | ||||||
| 10 | not-for-profit organization in regard to that application | ||||||
| 11 | or appeal, or (ii) are receiving services through a | ||||||
| 12 | federally funded torture treatment center. Medical | ||||||
| 13 | coverage under this paragraph 14 may be provided for up to | ||||||
| 14 | 24 continuous months from the initial eligibility date so | ||||||
| 15 | long as an individual continues to satisfy the criteria of | ||||||
| 16 | this paragraph 14. If an individual has an appeal pending | ||||||
| 17 | regarding an application for asylum before the Department | ||||||
| 18 | of Homeland Security, eligibility under this paragraph 14 | ||||||
| 19 | may be extended until a final decision is rendered on the | ||||||
| 20 | appeal. The Department may adopt rules governing the | ||||||
| 21 | implementation of this paragraph 14.
| ||||||
| 22 | 15. Family Care Eligibility. | ||||||
| 23 | (a) On and after July 1, 2012, a parent or other | ||||||
| 24 | caretaker relative who is 19 years of age or older when | ||||||
| 25 | countable income is at or below 133% of the federal | ||||||
| 26 | poverty level. A person may not spend down to become | ||||||
| |||||||
| |||||||
| 1 | eligible under this paragraph 15. | ||||||
| 2 | (b) Eligibility shall be reviewed annually. | ||||||
| 3 | (c) (Blank). | ||||||
| 4 | (d) (Blank). | ||||||
| 5 | (e) (Blank). | ||||||
| 6 | (f) (Blank). | ||||||
| 7 | (g) (Blank). | ||||||
| 8 | (h) (Blank). | ||||||
| 9 | (i) Following termination of an individual's | ||||||
| 10 | coverage under this paragraph 15, the individual must | ||||||
| 11 | be determined eligible before the person can be | ||||||
| 12 | re-enrolled. | ||||||
| 13 | 16. Subject to appropriation, uninsured persons who | ||||||
| 14 | are not otherwise eligible under this Section who have been | ||||||
| 15 | certified and referred by the Department of Public Health | ||||||
| 16 | as having been screened and found to need diagnostic | ||||||
| 17 | evaluation or treatment, or both diagnostic evaluation and | ||||||
| 18 | treatment, for prostate or testicular cancer. For the | ||||||
| 19 | purposes of this paragraph 16, uninsured persons are those | ||||||
| 20 | who do not have creditable coverage, as defined under the | ||||||
| 21 | Health Insurance Portability and Accountability Act, or | ||||||
| 22 | have otherwise exhausted any insurance benefits they may | ||||||
| 23 | have had, for prostate or testicular cancer diagnostic | ||||||
| 24 | evaluation or treatment, or both diagnostic evaluation and | ||||||
| 25 | treatment.
To be eligible, a person must furnish a Social | ||||||
| 26 | Security number.
A person's assets are exempt from | ||||||
| |||||||
| |||||||
| 1 | consideration in determining eligibility under this | ||||||
| 2 | paragraph 16.
Such persons shall be eligible for medical | ||||||
| 3 | assistance under this paragraph 16 for so long as they need | ||||||
| 4 | treatment for the cancer. A person shall be considered to | ||||||
| 5 | need treatment if, in the opinion of the person's treating | ||||||
| 6 | physician, the person requires therapy directed toward | ||||||
| 7 | cure or palliation of prostate or testicular cancer, | ||||||
| 8 | including recurrent metastatic cancer that is a known or | ||||||
| 9 | presumed complication of prostate or testicular cancer and | ||||||
| 10 | complications resulting from the treatment modalities | ||||||
| 11 | themselves. Persons who require only routine monitoring | ||||||
| 12 | services are not considered to need treatment.
"Medical | ||||||
| 13 | assistance" under this paragraph 16 shall be identical to | ||||||
| 14 | the benefits provided under the State's approved plan under | ||||||
| 15 | Title XIX of the Social Security Act.
Notwithstanding any | ||||||
| 16 | other provision of law, the Department (i) does not have a | ||||||
| 17 | claim against the estate of a deceased recipient of | ||||||
| 18 | services under this paragraph 16 and (ii) does not have a | ||||||
| 19 | lien against any homestead property or other legal or | ||||||
| 20 | equitable real property interest owned by a recipient of | ||||||
| 21 | services under this paragraph 16. | ||||||
| 22 | 17. Persons who, pursuant to a waiver approved by the | ||||||
| 23 | Secretary of the U.S. Department of Health and Human | ||||||
| 24 | Services, are eligible for medical assistance under Title | ||||||
| 25 | XIX or XXI of the federal Social Security Act. | ||||||
| 26 | Notwithstanding any other provision of this Code and | ||||||
| |||||||
| |||||||
| 1 | consistent with the terms of the approved waiver, the | ||||||
| 2 | Illinois Department, may by rule: | ||||||
| 3 | (a) Limit the geographic areas in which the waiver | ||||||
| 4 | program operates. | ||||||
| 5 | (b) Determine the scope, quantity, duration, and | ||||||
| 6 | quality, and the rate and method of reimbursement, of | ||||||
| 7 | the medical services to be provided, which may differ | ||||||
| 8 | from those for other classes of persons eligible for | ||||||
| 9 | assistance under this Article. | ||||||
| 10 | (c) Restrict the persons' freedom in choice of | ||||||
| 11 | providers. | ||||||
| 12 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
| 13 | older, but younger than 65, who are not otherwise eligible | ||||||
| 14 | for medical assistance under this Section 5-2, who qualify | ||||||
| 15 | for medical assistance pursuant to 42 U.S.C. | ||||||
| 16 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
| 17 | regulations, and who have income at or below 133% of the | ||||||
| 18 | federal poverty level plus 5% for the applicable family | ||||||
| 19 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
| 20 | applicable federal regulations. Persons eligible for | ||||||
| 21 | medical assistance under this paragraph 18 shall receive | ||||||
| 22 | coverage for the Health Benefits Service Package as that | ||||||
| 23 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
| 24 | Code. If Illinois' federal medical assistance percentage | ||||||
| 25 | (FMAP) is reduced below 90% for persons eligible for | ||||||
| 26 | medical
assistance under this paragraph 18, eligibility | ||||||
| |||||||
| |||||||
| 1 | under this paragraph 18 shall cease no later than the end | ||||||
| 2 | of the third month following the month in which the | ||||||
| 3 | reduction in FMAP takes effect. | ||||||
| 4 | 19. Beginning January 1, 2014, as required under 42 | ||||||
| 5 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
| 6 | and younger than age 26 who are not otherwise eligible for | ||||||
| 7 | medical assistance under paragraphs (1) through (17) of | ||||||
| 8 | this Section who (i) were in foster care under the | ||||||
| 9 | responsibility of the State on the date of attaining age 18 | ||||||
| 10 | or on the date of attaining age 21 when a court has | ||||||
| 11 | continued wardship for good cause as provided in Section | ||||||
| 12 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
| 13 | medical assistance under the Illinois Title XIX State Plan | ||||||
| 14 | or waiver of such plan while in foster care. | ||||||
| 15 | In implementing the provisions of Public Act 96-20, the | ||||||
| 16 | Department is authorized to adopt only those rules necessary, | ||||||
| 17 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
| 18 | the Department to adopt rules or issue a decision that expands | ||||||
| 19 | eligibility for the FamilyCare Program to a person whose income | ||||||
| 20 | exceeds 185% of the Federal Poverty Level as determined from | ||||||
| 21 | time to time by the U.S. Department of Health and Human | ||||||
| 22 | Services, unless the Department is provided with express | ||||||
| 23 | statutory authority.
| ||||||
| 24 | The eligibility of any such person for medical assistance | ||||||
| 25 | under this
Article is not affected by the payment of any grant | ||||||
| 26 | under the Senior
Citizens and Persons with Disabilities | ||||||
| |||||||
| |||||||
| 1 | Disabled Persons Property Tax Relief Act or any distributions | ||||||
| 2 | or items of income described under
subparagraph (X) of
| ||||||
| 3 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
| 4 | Income Tax
Act. | ||||||
| 5 | The Department shall by rule establish the amounts of
| ||||||
| 6 | assets to be disregarded in determining eligibility for medical | ||||||
| 7 | assistance,
which shall at a minimum equal the amounts to be | ||||||
| 8 | disregarded under the
Federal Supplemental Security Income | ||||||
| 9 | Program. The amount of assets of a
single person to be | ||||||
| 10 | disregarded
shall not be less than $2,000, and the amount of | ||||||
| 11 | assets of a married couple
to be disregarded shall not be less | ||||||
| 12 | than $3,000.
| ||||||
| 13 | To the extent permitted under federal law, any person found | ||||||
| 14 | guilty of a
second violation of Article VIIIA
shall be | ||||||
| 15 | ineligible for medical assistance under this Article, as | ||||||
| 16 | provided
in Section 8A-8.
| ||||||
| 17 | The eligibility of any person for medical assistance under | ||||||
| 18 | this Article
shall not be affected by the receipt by the person | ||||||
| 19 | of donations or benefits
from fundraisers held for the person | ||||||
| 20 | in cases of serious illness,
as long as neither the person nor | ||||||
| 21 | members of the person's family
have actual control over the | ||||||
| 22 | donations or benefits or the disbursement
of the donations or | ||||||
| 23 | benefits.
| ||||||
| 24 | Notwithstanding any other provision of this Code, if the | ||||||
| 25 | United States Supreme Court holds Title II, Subtitle A, Section | ||||||
| 26 | 2001(a) of Public Law 111-148 to be unconstitutional, or if a | ||||||
| |||||||
| |||||||
| 1 | holding of Public Law 111-148 makes Medicaid eligibility | ||||||
| 2 | allowed under Section 2001(a) inoperable, the State or a unit | ||||||
| 3 | of local government shall be prohibited from enrolling | ||||||
| 4 | individuals in the Medical Assistance Program as the result of | ||||||
| 5 | federal approval of a State Medicaid waiver on or after the | ||||||
| 6 | effective date of this amendatory Act of the 97th General | ||||||
| 7 | Assembly, and any individuals enrolled in the Medical | ||||||
| 8 | Assistance Program pursuant to eligibility permitted as a | ||||||
| 9 | result of such a State Medicaid waiver shall become immediately | ||||||
| 10 | ineligible. | ||||||
| 11 | Notwithstanding any other provision of this Code, if an Act | ||||||
| 12 | of Congress that becomes a Public Law eliminates Section | ||||||
| 13 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
| 14 | government shall be prohibited from enrolling individuals in | ||||||
| 15 | the Medical Assistance Program as the result of federal | ||||||
| 16 | approval of a State Medicaid waiver on or after the effective | ||||||
| 17 | date of this amendatory Act of the 97th General Assembly, and | ||||||
| 18 | any individuals enrolled in the Medical Assistance Program | ||||||
| 19 | pursuant to eligibility permitted as a result of such a State | ||||||
| 20 | Medicaid waiver shall become immediately ineligible. | ||||||
| 21 | Effective October 1, 2013, the determination of | ||||||
| 22 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
| 23 | 15, 17, and 18 of this Section shall comply with the | ||||||
| 24 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
| 25 | regulations. | ||||||
| 26 | The Department of Healthcare and Family Services, the | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services, and the Illinois health insurance | ||||||
| 2 | marketplace shall work cooperatively to assist persons who | ||||||
| 3 | would otherwise lose health benefits as a result of changes | ||||||
| 4 | made under this amendatory Act of the 98th General Assembly to | ||||||
| 5 | transition to other health insurance coverage. | ||||||
| 6 | (Source: P.A. 97-48, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, | ||||||
| 7 | eff. 8-12-11; 97-687, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
| 8 | 97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-463, eff. | ||||||
| 9 | 8-16-13.)
| ||||||
| 10 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
| 11 | Sec. 5-4. Amount and nature of medical assistance. | ||||||
| 12 | (a) The amount and nature of
medical assistance shall be | ||||||
| 13 | determined in accordance
with the standards, rules, and | ||||||
| 14 | regulations of the Department of Healthcare and Family | ||||||
| 15 | Services, with due regard to the requirements and conditions in | ||||||
| 16 | each case,
including contributions available from legally | ||||||
| 17 | responsible
relatives. However, the amount and nature of such | ||||||
| 18 | medical assistance shall
not be affected by the payment of any | ||||||
| 19 | grant under the Senior Citizens and
Persons with Disabilities | ||||||
| 20 | Disabled Persons Property Tax Relief Act or any
distributions | ||||||
| 21 | or items of income described under subparagraph (X) of
| ||||||
| 22 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
| 23 | Income Tax
Act.
The amount and nature of medical assistance | ||||||
| 24 | shall not be affected by the
receipt of donations or benefits | ||||||
| 25 | from fundraisers in cases of serious
illness, as long as | ||||||
| |||||||
| |||||||
| 1 | neither the person nor members of the person's family
have | ||||||
| 2 | actual control over the donations or benefits or the | ||||||
| 3 | disbursement of
the donations or benefits.
| ||||||
| 4 | In determining the income and resources available to the | ||||||
| 5 | institutionalized
spouse and to the community spouse, the | ||||||
| 6 | Department of Healthcare and Family Services
shall follow the | ||||||
| 7 | procedures established by federal law. If an institutionalized | ||||||
| 8 | spouse or community spouse refuses to comply with the | ||||||
| 9 | requirements of Title XIX of the federal Social Security Act | ||||||
| 10 | and the regulations duly promulgated thereunder by failing to | ||||||
| 11 | provide the total value of assets, including income and | ||||||
| 12 | resources, to the extent either the institutionalized spouse or | ||||||
| 13 | community spouse has an ownership interest in them pursuant to | ||||||
| 14 | 42 U.S.C. 1396r-5, such refusal may result in the | ||||||
| 15 | institutionalized spouse being denied eligibility and | ||||||
| 16 | continuing to remain ineligible for the medical assistance | ||||||
| 17 | program based on failure to cooperate. | ||||||
| 18 | Subject to federal approval, the community spouse
resource | ||||||
| 19 | allowance shall be established and maintained at the higher of | ||||||
| 20 | $109,560 or the minimum level
permitted pursuant to Section | ||||||
| 21 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
| 22 | amended, or an amount set after a fair hearing, whichever is
| ||||||
| 23 | greater. The monthly maintenance allowance for the community | ||||||
| 24 | spouse shall be
established and maintained at the higher of | ||||||
| 25 | $2,739 per month or the minimum level permitted pursuant to | ||||||
| 26 | Section
1924(d)(3) of the Social Security Act, as now or | ||||||
| |||||||
| |||||||
| 1 | hereafter amended, or an amount set after a fair hearing, | ||||||
| 2 | whichever is greater. Subject
to the approval of the Secretary | ||||||
| 3 | of the United States Department of Health and
Human Services, | ||||||
| 4 | the provisions of this Section shall be extended to persons who
| ||||||
| 5 | but for the provision of home or community-based services under | ||||||
| 6 | Section
4.02 of the Illinois Act on the Aging, would require | ||||||
| 7 | the level of care provided
in an institution, as is provided | ||||||
| 8 | for in federal law.
| ||||||
| 9 | (b) Spousal support for institutionalized spouses | ||||||
| 10 | receiving medical assistance. | ||||||
| 11 | (i) The Department may seek support for an | ||||||
| 12 | institutionalized spouse, who has assigned his or her right | ||||||
| 13 | of support from his or her spouse to the State, from the | ||||||
| 14 | resources and income available to the community spouse. | ||||||
| 15 | (ii) The Department may bring an action in the circuit | ||||||
| 16 | court to establish support orders or itself establish | ||||||
| 17 | administrative support orders by any means and procedures | ||||||
| 18 | authorized in this Code, as applicable, except that the | ||||||
| 19 | standard and regulations for determining ability to | ||||||
| 20 | support in Section 10-3 shall not limit the amount of | ||||||
| 21 | support that may be ordered. | ||||||
| 22 | (iii) Proceedings may be initiated to obtain support, | ||||||
| 23 | or for the recovery of aid granted during the period such | ||||||
| 24 | support was not provided, or both, for the obtainment of | ||||||
| 25 | support and the recovery of the aid provided. Proceedings | ||||||
| 26 | for the recovery of aid may be taken separately or they may | ||||||
| |||||||
| |||||||
| 1 | be consolidated with actions to obtain support. Such | ||||||
| 2 | proceedings may be brought in the name of the person or | ||||||
| 3 | persons requiring support or may be brought in the name of | ||||||
| 4 | the Department, as the case requires. | ||||||
| 5 | (iv) The orders for the payment of moneys for the | ||||||
| 6 | support of the person shall be just and equitable and may | ||||||
| 7 | direct payment thereof for such period or periods of time | ||||||
| 8 | as the circumstances require, including support for a | ||||||
| 9 | period before the date the order for support is entered. In | ||||||
| 10 | no event shall the orders reduce the community spouse | ||||||
| 11 | resource allowance below the level established in | ||||||
| 12 | subsection (a) of this Section or an amount set after a | ||||||
| 13 | fair hearing, whichever is greater, or reduce the monthly | ||||||
| 14 | maintenance allowance for the community spouse below the | ||||||
| 15 | level permitted pursuant to subsection (a) of this Section.
| ||||||
| 16 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
| ||||||
| 17 | (305 ILCS 5/5-5.4f) | ||||||
| 18 | Sec. 5-5.4f. Intermediate care facilities for persons with | ||||||
| 19 | developmental disabilities the developmentally disabled | ||||||
| 20 | quality workforce initiative. | ||||||
| 21 | (a) Legislative intent. Individuals with developmental | ||||||
| 22 | disabilities who live in community-based settings rely on | ||||||
| 23 | direct support staff for a variety of supports and services | ||||||
| 24 | essential to the ability to reach their full potential. A | ||||||
| 25 | stable, well-trained direct support workforce is critical to | ||||||
| |||||||
| |||||||
| 1 | the well-being of these individuals. State and national studies | ||||||
| 2 | have documented high rates of turnover among direct support | ||||||
| 3 | workers and confirmed that improvements in wages can help | ||||||
| 4 | reduce turnover and develop a more stable and committed | ||||||
| 5 | workforce. This Section would increase the wages and benefits | ||||||
| 6 | for direct care workers supporting individuals with | ||||||
| 7 | developmental disabilities and provide accountability by | ||||||
| 8 | ensuring that additional resources go directly to these | ||||||
| 9 | workers. | ||||||
| 10 | (b) Reimbursement. Notwithstanding any provision of | ||||||
| 11 | Section 5-5.4, in order to attract and retain a stable, | ||||||
| 12 | qualified, and healthy workforce, beginning July 1, 2010, the | ||||||
| 13 | Department of Healthcare and Family Services may reimburse an | ||||||
| 14 | individual intermediate care facility for persons with | ||||||
| 15 | developmental disabilities the developmentally disabled for | ||||||
| 16 | spending incurred to provide improved wages and benefits to its | ||||||
| 17 | employees serving the individuals residing in the facility. | ||||||
| 18 | Reimbursement shall be based upon patient days reported in the | ||||||
| 19 | facility's most recent cost report. Subject to available | ||||||
| 20 | appropriations, this reimbursement shall be made according to | ||||||
| 21 | the following criteria: | ||||||
| 22 | (1) The Department shall reimburse the facility to | ||||||
| 23 | compensate for spending on improved wages and benefits for | ||||||
| 24 | its eligible employees. Eligible employees include | ||||||
| 25 | employees engaged in direct care work. | ||||||
| 26 | (2) In order to qualify for reimbursement under this | ||||||
| |||||||
| |||||||
| 1 | Section, a facility must submit to the Department, before | ||||||
| 2 | January 1 of each year, documentation of a written, legally | ||||||
| 3 | binding commitment to increase spending for the purpose of | ||||||
| 4 | providing improved wages and benefits to its eligible | ||||||
| 5 | employees during the next year. The commitment must be | ||||||
| 6 | binding as to both existing and future staff. The | ||||||
| 7 | commitment must include a method of enforcing the | ||||||
| 8 | commitment that is available to the employees or their | ||||||
| 9 | representative and is expeditious, uses a neutral | ||||||
| 10 | decision-maker, and is economical for the employees. The | ||||||
| 11 | Department must also receive documentation of the | ||||||
| 12 | facility's provision of written notice of the commitment | ||||||
| 13 | and the availability of the enforcement mechanism to the | ||||||
| 14 | employees or their representative. | ||||||
| 15 | (3) Reimbursement shall be based on the amount of | ||||||
| 16 | increased spending to be incurred by the facility for | ||||||
| 17 | improving wages and benefits that exceeds the spending | ||||||
| 18 | reported in the cost report currently used by the | ||||||
| 19 | Department. Reimbursement shall be calculated as follows: | ||||||
| 20 | the per diem equivalent of the quarterly difference between | ||||||
| 21 | the cost to provide improved wages and benefits for covered | ||||||
| 22 | eligible employees as identified in the legally binding | ||||||
| 23 | commitment and the previous period cost of wages and | ||||||
| 24 | benefits as reported in the cost report currently used by | ||||||
| 25 | the Department, subject to the limitations identified in | ||||||
| 26 | paragraph (2) of this subsection. In no event shall the per | ||||||
| |||||||
| |||||||
| 1 | diem increase be in excess of $5.00 for any 12 month period | ||||||
| 2 | for an intermediate care facility for persons with | ||||||
| 3 | developmental disabilities the developmentally disabled | ||||||
| 4 | with more than 16 beds, or in excess of $6.00 for any 12 | ||||||
| 5 | month period for an intermediate care facility for persons | ||||||
| 6 | with developmental disabilities the developmentally | ||||||
| 7 | disabled with 16 beds or less. | ||||||
| 8 | (4) Any intermediate care facility for persons with | ||||||
| 9 | developmental disabilities the developmentally disabled is | ||||||
| 10 | eligible to receive reimbursement under this Section. A | ||||||
| 11 | facility's eligibility to receive reimbursement shall | ||||||
| 12 | continue as long as the facility maintains eligibility | ||||||
| 13 | under paragraph (2) of this subsection and the | ||||||
| 14 | reimbursement program continues to exist. | ||||||
| 15 | (c) Audit. Reimbursement under this Section is subject to | ||||||
| 16 | audit by the Department and shall be reduced or eliminated in | ||||||
| 17 | the case of any facility that does not honor its commitment to | ||||||
| 18 | increase spending to improve the wages and benefits of its | ||||||
| 19 | employees or that decreases such spending.
| ||||||
| 20 | (Source: P.A. 96-1124, eff. 7-20-10; 97-333, eff. 8-12-11.)
| ||||||
| 21 | (305 ILCS 5/5-5.17) (from Ch. 23, par. 5-5.17)
| ||||||
| 22 | Sec. 5-5.17. Separate reimbursement rate. The Illinois | ||||||
| 23 | Department may
by rule establish a separate reimbursement rate | ||||||
| 24 | to be paid to long term
care facilities for adult developmental | ||||||
| 25 | training services as defined in
Section 15.2 of the Mental | ||||||
| |||||||
| |||||||
| 1 | Health and Developmental Disabilities Administrative
Act which | ||||||
| 2 | are provided to intellectually disabled
residents of such | ||||||
| 3 | facilities who have intellectual disabilities and who receive | ||||||
| 4 | aid under this Article. Any such
reimbursement shall be based | ||||||
| 5 | upon cost reports submitted by the providers
of such services | ||||||
| 6 | and shall be paid by the long term care facility to the
| ||||||
| 7 | provider within such time as the Illinois Department shall | ||||||
| 8 | prescribe by
rule, but in no case less than 3 business days | ||||||
| 9 | after receipt of the
reimbursement by such facility from the | ||||||
| 10 | Illinois Department. The Illinois
Department may impose a | ||||||
| 11 | penalty upon a facility which does not make payment
to the | ||||||
| 12 | provider of adult developmental training services within the | ||||||
| 13 | time so
prescribed, up to the amount of payment not made to the | ||||||
| 14 | provider.
| ||||||
| 15 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 16 | rate of reimbursement for services or other payments or alter | ||||||
| 17 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 18 | reimbursement for services or other payments in accordance with | ||||||
| 19 | Section 5-5e. | ||||||
| 20 | (Source: P.A. 97-227, eff. 1-1-12; 97-689, eff. 6-14-12.)
| ||||||
| 21 | (305 ILCS 5/5-5a) (from Ch. 23, par. 5-5a)
| ||||||
| 22 | Sec. 5-5a. Waiver for home and community-based services. | ||||||
| 23 | The Department
shall apply for a waiver from the United States | ||||||
| 24 | Health Care Financing
Administration to allow payment for home | ||||||
| 25 | and community-based services under
this Article.
| ||||||
| |||||||
| |||||||
| 1 | The Department, in cooperation with the Department on | ||||||
| 2 | Aging, the Department
of Human Services and any other relevant | ||||||
| 3 | State, local or
federal
government agency, may establish a | ||||||
| 4 | nursing home pre-screening program to
determine whether the | ||||||
| 5 | applicant, eligible for medical assistance under this
Article, | ||||||
| 6 | may use home and community-based services as a reasonable,
| ||||||
| 7 | lower-cost alternative form of care. For the purpose of this | ||||||
| 8 | Section,
"home and community-based services" may include, but | ||||||
| 9 | are not limited to,
those services provided under subsection | ||||||
| 10 | (f) of Section 3 of the Rehabilitation of Persons with | ||||||
| 11 | Disabilities Disabled
Persons Rehabilitation Act and Section 4 | ||||||
| 12 | of the Illinois Act on the Aging.
| ||||||
| 13 | (Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
| ||||||
| 14 | (305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
| ||||||
| 15 | Sec. 5-13. Claim against estate of recipients. To the | ||||||
| 16 | extent permitted under
the federal Social Security Act, the | ||||||
| 17 | amount expended under this Article (1) for
a person of any age | ||||||
| 18 | who is an inpatient in a nursing facility, an intermediate
care | ||||||
| 19 | facility for persons with intellectual disabilities the | ||||||
| 20 | intellectually disabled, or other medical institution, or (2)
| ||||||
| 21 | for a person aged 55 or more, shall be a claim against the | ||||||
| 22 | person's
estate or a claim against the estate of the person's | ||||||
| 23 | spouse,
regardless of the order of death, but no recovery may
| ||||||
| 24 | be had thereon until after the death of the surviving spouse, | ||||||
| 25 | if any, and then
only at such time when there is no surviving | ||||||
| |||||||
| |||||||
| 1 | child who is under age 21, or
blind, or is a child with a | ||||||
| 2 | permanent total disability permanently and totally disabled. | ||||||
| 3 | This Section, however, shall not
bar recovery at the death of | ||||||
| 4 | the person of amounts of medical assistance paid
to or in his | ||||||
| 5 | behalf to which he was not entitled; provided that such
| ||||||
| 6 | recovery shall not be enforced against any real estate while it | ||||||
| 7 | is occupied
as a homestead by the surviving spouse or other | ||||||
| 8 | dependent, if no claims by
other creditors have been filed | ||||||
| 9 | against the estate, or if such claims have
been filed, they | ||||||
| 10 | remain dormant for failure of prosecution or failure of
the | ||||||
| 11 | claimant to compel administration of the estate for the purpose | ||||||
| 12 | of
payment. The term "estate", as used in this Section, with | ||||||
| 13 | respect to a
deceased person, means all real and personal | ||||||
| 14 | property and other assets included
within the person's estate, | ||||||
| 15 | as that term is used in the Probate Act of 1975;
however, in | ||||||
| 16 | the case of a deceased person who has received (or is entitled | ||||||
| 17 | to
receive) benefits under a long-term care insurance policy in | ||||||
| 18 | connection with
which assets or resources are disregarded to | ||||||
| 19 | the extent that payments are made
or because the deceased | ||||||
| 20 | person received (or was entitled to receive) benefits
under a | ||||||
| 21 | long-term care insurance policy, "estate" also includes any
| ||||||
| 22 | other real and personal property and other assets in which the | ||||||
| 23 | deceased person
had any legal title or interest at the time of | ||||||
| 24 | his or her death (to the extent
of that interest), including | ||||||
| 25 | assets conveyed to a survivor, heir, or assignee
of the | ||||||
| 26 | deceased person through joint tenancy, tenancy in common, | ||||||
| |||||||
| |||||||
| 1 | survivorship,
life estate, living trust, or other arrangement. | ||||||
| 2 | The term "homestead", as used
in this Section, means the | ||||||
| 3 | dwelling house and contiguous real estate occupied
by a | ||||||
| 4 | surviving spouse or relative, as defined by the rules and | ||||||
| 5 | regulations of
the Illinois Department, regardless of the value | ||||||
| 6 | of the property.
| ||||||
| 7 | A claim arising under this Section against assets conveyed | ||||||
| 8 | to a survivor,
heir, or assignee of the deceased person through | ||||||
| 9 | joint tenancy, tenancy in
common, survivorship, life estate, | ||||||
| 10 | living trust, or other arrangement is not
effective until the | ||||||
| 11 | claim is recorded or filed in the manner provided for a
notice | ||||||
| 12 | of lien in Section 3-10.2. The claim is subject to the same
| ||||||
| 13 | requirements and conditions to which liens on real property | ||||||
| 14 | interests are
subject under Sections 3-10.1 through 3-10.10. A | ||||||
| 15 | claim arising under this
Section attaches to interests owned or | ||||||
| 16 | subsequently acquired by the estate of a
recipient or the | ||||||
| 17 | estate of a recipient's surviving spouse.
The transfer or | ||||||
| 18 | conveyance of any real or personal property of the estate
as
| ||||||
| 19 | defined in this Section shall be subject to the fraudulent | ||||||
| 20 | transfer conditions
that apply to real property in Section 3-11 | ||||||
| 21 | of this Code.
| ||||||
| 22 | The provisions of this Section shall not affect the | ||||||
| 23 | validity of claims
against estates for medical assistance | ||||||
| 24 | provided prior to January 1, 1966 to
aged or , blind persons or | ||||||
| 25 | persons with disabilities , or disabled persons receiving aid | ||||||
| 26 | under Articles V, VII and
VII-A of the 1949 Code.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 2 | (305 ILCS 5/Art. V-C heading) | ||||||
| 3 | ARTICLE V-C.
| ||||||
| 4 | CARE PROVIDER FUNDING FOR PERSONS WITH A DEVELOPMENTAL | ||||||
| 5 | DISABILITY DEVELOPMENTALLY DISABLED CARE PROVIDER FUNDING
| ||||||
| 6 | (305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)
| ||||||
| 7 | Sec. 5C-1. Definitions. As used in this Article, unless the | ||||||
| 8 | context
requires otherwise:
| ||||||
| 9 | "Fund" means the Care Provider Fund for Persons with a | ||||||
| 10 | Developmental Disability.
| ||||||
| 11 | "Care facility for persons with a developmental disability | ||||||
| 12 | Developmentally disabled care facility" means an intermediate | ||||||
| 13 | care
facility for the intellectually disabled within the | ||||||
| 14 | meaning of Title XIX of the
Social Security Act, whether public | ||||||
| 15 | or private and whether organized for
profit or not-for-profit, | ||||||
| 16 | but shall not include any facility operated by
the State.
| ||||||
| 17 | "Care provider for persons with a developmental disability | ||||||
| 18 | Developmentally disabled care provider" means a person | ||||||
| 19 | conducting,
operating, or maintaining a facility for persons | ||||||
| 20 | with a developmental disability developmentally disabled care | ||||||
| 21 | facility. For
this purpose, "person" means any political | ||||||
| 22 | subdivision of the State,
municipal corporation, individual, | ||||||
| 23 | firm, partnership, corporation, company,
limited liability | ||||||
| 24 | company, association, joint stock association, or trust,
or a | ||||||
| |||||||
| |||||||
| 1 | receiver, executor, trustee, guardian or other representative
| ||||||
| 2 | appointed by order of any court.
| ||||||
| 3 | "Adjusted gross developmentally disabled care revenue" | ||||||
| 4 | shall be computed
separately for each facility for persons with | ||||||
| 5 | a developmental disability developmentally disabled care | ||||||
| 6 | facility conducted,
operated, or maintained by a care provider | ||||||
| 7 | for persons with a developmental disability developmentally | ||||||
| 8 | disabled care provider, and
means the developmentally disabled | ||||||
| 9 | care provider's total revenue of the care provider for persons | ||||||
| 10 | with a developmental disability for
inpatient residential | ||||||
| 11 | services less contractual allowances and discounts on
| ||||||
| 12 | patients' accounts, but does not include non-patient revenue | ||||||
| 13 | from sources
such as contributions, donations or bequests, | ||||||
| 14 | investments, day training
services, television and telephone | ||||||
| 15 | service, and rental of facility space.
| ||||||
| 16 | "Long-term care facility for persons under 22 years of age | ||||||
| 17 | serving clinically complex residents" means a facility | ||||||
| 18 | licensed by the Department of Public Health as a long-term care | ||||||
| 19 | facility for persons under 22 meeting the qualifications of | ||||||
| 20 | Section 5-5.4h of this Code. | ||||||
| 21 | (Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13; | ||||||
| 22 | 98-651, eff. 6-16-14.)
| ||||||
| 23 | (305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2)
| ||||||
| 24 | Sec. 5C-2. Assessment; no local authorization to tax.
| ||||||
| 25 | (a) For the privilege of engaging in the occupation of care | ||||||
| |||||||
| |||||||
| 1 | provider for persons with a developmental disability | ||||||
| 2 | developmentally
disabled care provider, an assessment is | ||||||
| 3 | imposed upon each care provider for persons with a | ||||||
| 4 | developmental disability developmentally
disabled care | ||||||
| 5 | provider in an amount equal to 6%, or the maximum allowed under | ||||||
| 6 | federal regulation, whichever is less, of its adjusted
gross | ||||||
| 7 | developmentally disabled care revenue for the prior State | ||||||
| 8 | fiscal
year. Notwithstanding any provision of any other Act to | ||||||
| 9 | the contrary, this
assessment shall be construed as a tax, but | ||||||
| 10 | may not be added to the charges
of an individual's nursing home | ||||||
| 11 | care that is paid for in whole, or in part,
by a federal, | ||||||
| 12 | State, or combined federal-state medical care program, except
| ||||||
| 13 | those individuals receiving Medicare Part B benefits solely.
| ||||||
| 14 | (b) Nothing in this amendatory Act of 1995 shall be | ||||||
| 15 | construed
to authorize any home rule unit or other unit of | ||||||
| 16 | local government to license
for revenue or impose a tax or | ||||||
| 17 | assessment upon a care provider for persons with a | ||||||
| 18 | developmental disability developmentally disabled care
| ||||||
| 19 | provider or the occupation of care provider for persons with a | ||||||
| 20 | developmental disability developmentally disabled care | ||||||
| 21 | provider, or a tax
or assessment measured by the income or | ||||||
| 22 | earnings of a care provider for persons with a developmental | ||||||
| 23 | disability developmentally disabled
care provider.
| ||||||
| 24 | (c) Effective July 1, 2013, for the privilege of engaging | ||||||
| 25 | in the occupation of long-term care facility for persons under | ||||||
| 26 | 22 years of age serving clinically complex residents provider, | ||||||
| |||||||
| |||||||
| 1 | an assessment is imposed upon each long-term care facility for | ||||||
| 2 | persons under 22 years of age serving clinically complex | ||||||
| 3 | residents provider in the same amount and upon the same | ||||||
| 4 | conditions and requirements as imposed in Article V-B of this | ||||||
| 5 | Code and a license fee is imposed in the same amount and upon | ||||||
| 6 | the same conditions and requirements as imposed in Article V-E | ||||||
| 7 | of this Code. Notwithstanding any provision of any other Act to | ||||||
| 8 | the contrary, the assessment and license fee imposed by this | ||||||
| 9 | subsection (c) shall be construed as a tax, but may not be | ||||||
| 10 | added to the charges of an individual's nursing home care that | ||||||
| 11 | is paid for in whole, or in part, by a federal, State, or | ||||||
| 12 | combined federal-State medical care program, except for those | ||||||
| 13 | individuals receiving Medicare Part B benefits solely. | ||||||
| 14 | (Source: P.A. 98-651, eff. 6-16-14.)
| ||||||
| 15 | (305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)
| ||||||
| 16 | Sec. 5C-3. Payment of assessment; penalty.
| ||||||
| 17 | (a) The assessment imposed by Section 5C-2 for a State
| ||||||
| 18 | fiscal year shall be due and payable in quarterly installments,
| ||||||
| 19 | each equalling one-fourth of the assessment for the year, on
| ||||||
| 20 | September 30, December 31, March 31, and May 31 of the year.
| ||||||
| 21 | (b) The Illinois Department is authorized to establish
| ||||||
| 22 | delayed payment schedules for care providers for persons with a | ||||||
| 23 | developmental disability developmentally disabled care
| ||||||
| 24 | providers that are unable to make installment payments when due
| ||||||
| 25 | under this Section due to financial difficulties, as determined
| ||||||
| |||||||
| |||||||
| 1 | by the Illinois Department.
| ||||||
| 2 | (c) If a care provider for persons with a developmental | ||||||
| 3 | disability developmentally disabled care provider fails to
pay | ||||||
| 4 | the full amount of an installment when due (including any
| ||||||
| 5 | extensions granted under subsection (b)), there shall, unless
| ||||||
| 6 | waived by the Illinois Department for reasonable cause, be | ||||||
| 7 | added
to the assessment imposed by Section 5C-2 for the State | ||||||
| 8 | fiscal
year a penalty assessment equal to the lesser of (i) 5% | ||||||
| 9 | of the
amount of the installment not paid on or before the due | ||||||
| 10 | date plus
5% of the portion thereof remaining unpaid on the | ||||||
| 11 | last day of
each month thereafter or (ii) 100% of the | ||||||
| 12 | installment amount not
paid on or before the due date. For | ||||||
| 13 | purposes of this subsection,
payments will be credited first to | ||||||
| 14 | unpaid installment amounts
(rather than to penalty or | ||||||
| 15 | interest), beginning with the most
delinquent installments.
| ||||||
| 16 | (Source: P.A. 87-861; 88-88.)
| ||||||
| 17 | (305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)
| ||||||
| 18 | Sec. 5C-4. Reporting; penalty; maintenance of records.
| ||||||
| 19 | (a) After June 30 of each State fiscal year, and on or | ||||||
| 20 | before
September 30 of the succeeding State fiscal year, every | ||||||
| 21 | care provider for persons with a developmental disability | ||||||
| 22 | developmentally
disabled care provider subject to assessment | ||||||
| 23 | under this Article shall file
a return with the Illinois | ||||||
| 24 | Department. The return shall report the
adjusted gross | ||||||
| 25 | developmentally disabled care revenue from the State fiscal
| ||||||
| |||||||
| |||||||
| 1 | year just ended and shall be utilized by the Illinois | ||||||
| 2 | Department to
calculate the assessment for the State fiscal | ||||||
| 3 | year commencing on the
preceding July 1. The return shall be on | ||||||
| 4 | a form prepared by the Illinois
Department and shall state the | ||||||
| 5 | following:
| ||||||
| 6 | (1) The name of the care provider for persons with a | ||||||
| 7 | developmental disability developmentally disabled care | ||||||
| 8 | provider.
| ||||||
| 9 | (2) The address of the care provider's developmentally | ||||||
| 10 | disabled care
provider's principal place of business from | ||||||
| 11 | which the provider engages in
the occupation of care | ||||||
| 12 | provider for persons with a developmental disability | ||||||
| 13 | developmentally disabled care provider in this
State, and | ||||||
| 14 | the name and address of all care facilities for persons | ||||||
| 15 | with a developmental disability developmentally disabled
| ||||||
| 16 | care facilities operated or maintained by the provider in | ||||||
| 17 | this State.
| ||||||
| 18 | (3) The adjusted gross developmentally disabled care
| ||||||
| 19 | revenue for the State fiscal year just ended, the amount of
| ||||||
| 20 | assessment imposed under Section 5C-2 for the State fiscal | ||||||
| 21 | year
for which the return is filed, and the amount of each | ||||||
| 22 | quarterly
installment to be paid during the State fiscal | ||||||
| 23 | year.
| ||||||
| 24 | (4) The amount of penalty due, if any.
| ||||||
| 25 | (5) Other reasonable information the Illinois | ||||||
| 26 | Department requires.
| ||||||
| |||||||
| |||||||
| 1 | (b) If a care provider for persons with a developmental | ||||||
| 2 | disability developmentally disabled care provider operates
or | ||||||
| 3 | maintains more than one care facility for persons with a | ||||||
| 4 | developmental disability developmentally disabled care | ||||||
| 5 | facility
in this State, the provider may not file a single | ||||||
| 6 | return covering
all those care facilities for persons with a | ||||||
| 7 | developmental disability developmentally disabled care | ||||||
| 8 | facilities, but shall file
a separate return for each care | ||||||
| 9 | facility for persons with a developmental disability | ||||||
| 10 | developmentally disabled care
facility and shall compute and | ||||||
| 11 | pay the assessment for each
care facility for persons with a | ||||||
| 12 | developmental disability developmentally disabled care | ||||||
| 13 | facility separately.
| ||||||
| 14 | (c) Notwithstanding any other provision in this Article, a
| ||||||
| 15 | person who ceases to conduct, operate, or maintain a
care | ||||||
| 16 | facility for persons with a developmental disability | ||||||
| 17 | developmentally disabled care facility in respect of which the
| ||||||
| 18 | person is subject to assessment under this Article as a care | ||||||
| 19 | provider for persons with a developmental disability | ||||||
| 20 | developmentally
disabled care provider, the assessment for the | ||||||
| 21 | State fiscal year
in which the cessation occurs shall be | ||||||
| 22 | adjusted by multiplying
the assessment computed under Section | ||||||
| 23 | 5C-2 by a fraction, the
numerator of which is the number of | ||||||
| 24 | months in the year during
which the provider conducts, | ||||||
| 25 | operates, or maintains the
care facility for persons with a | ||||||
| 26 | developmental disability developmentally disabled care | ||||||
| |||||||
| |||||||
| 1 | facility and the denominator of
which is 12. The person shall | ||||||
| 2 | file a final, amended return
with the Illinois Department not | ||||||
| 3 | more than 90 days after the
cessation reflecting the adjustment | ||||||
| 4 | and shall pay with the
final return the assessment for the year | ||||||
| 5 | as so adjusted (to the
extent not previously paid).
| ||||||
| 6 | (d) Notwithstanding any other provision of this Article, a
| ||||||
| 7 | provider who commences conducting, operating, or maintaining a
| ||||||
| 8 | care facility for persons with a developmental disability | ||||||
| 9 | developmentally disabled care facility shall file an initial
| ||||||
| 10 | return for the State fiscal year in which the commencement
| ||||||
| 11 | occurs within 90 days thereafter and shall pay the assessment
| ||||||
| 12 | computed under Section 5C-2 and subsection (e) in equal
| ||||||
| 13 | installments on the due date of the return and on the regular
| ||||||
| 14 | installment due dates for the State fiscal year occurring after
| ||||||
| 15 | the due date of the initial return.
| ||||||
| 16 | (e) Notwithstanding any other provision of this Article, in
| ||||||
| 17 | the case of a care provider for persons with a developmental | ||||||
| 18 | disability developmentally disabled care provider that did not
| ||||||
| 19 | conduct, operate, or maintain a care facility for persons with | ||||||
| 20 | a developmental disability developmentally disabled care
| ||||||
| 21 | facility throughout the prior State fiscal year, the assessment
| ||||||
| 22 | for that State fiscal year shall be computed on the basis of
| ||||||
| 23 | hypothetical adjusted gross developmentally disabled care | ||||||
| 24 | revenue
for the prior year as determined by rules adopted by
| ||||||
| 25 | the Illinois Department (which may be based on annualization of
| ||||||
| 26 | the provider's actual revenues for a portion of the State | ||||||
| |||||||
| |||||||
| 1 | fiscal
year, or revenues of a comparable facility for such | ||||||
| 2 | year,
including revenues realized by a prior provider from the | ||||||
| 3 | same
facility during such year).
| ||||||
| 4 | (f) In the case of a care provider for persons with a | ||||||
| 5 | developmental disability developmentally disabled care | ||||||
| 6 | provider
existing as a corporation or legal entity other than | ||||||
| 7 | an
individual, the return filed by it shall be signed by its
| ||||||
| 8 | president, vice-president, secretary, or treasurer or by its
| ||||||
| 9 | properly authorized agent.
| ||||||
| 10 | (g) If a care provider for persons with a developmental | ||||||
| 11 | disability developmentally disabled care provider fails to
| ||||||
| 12 | file its return for a State fiscal year on or before the due | ||||||
| 13 | date
of the return, there shall, unless waived by the Illinois
| ||||||
| 14 | Department for reasonable cause, be added to the assessment
| ||||||
| 15 | imposed by Section 5C-2 for the State fiscal year a penalty
| ||||||
| 16 | assessment equal to 25% of the assessment imposed for the year.
| ||||||
| 17 | (h) Every care provider for persons with a developmental | ||||||
| 18 | disability developmentally disabled care provider subject to
| ||||||
| 19 | assessment under this Article shall keep records and books
that | ||||||
| 20 | will permit the determination of adjusted gross | ||||||
| 21 | developmentally disabled care revenue on a State fiscal year
| ||||||
| 22 | basis. All such books and records shall be kept in the English
| ||||||
| 23 | language and shall, at all times during business hours of the
| ||||||
| 24 | day, be subject to inspection by the Illinois Department or its
| ||||||
| 25 | duly authorized agents and employees.
| ||||||
| 26 | (Source: P.A. 87-861.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)
| ||||||
| 2 | Sec. 5C-5. Disposition of proceeds. The Illinois | ||||||
| 3 | Department
shall pay all moneys received from care providers | ||||||
| 4 | for persons with a developmental disability developmentally | ||||||
| 5 | disabled care
providers under this Article into the Care
| ||||||
| 6 | Provider Fund for Persons with a Developmental Disability. Upon | ||||||
| 7 | certification by the Illinois Department
to the State | ||||||
| 8 | Comptroller of its intent to withhold from a
provider under | ||||||
| 9 | Section 5C-6(b), the State Comptroller shall
draw a warrant on | ||||||
| 10 | the treasury or other fund held by the State
Treasurer, as | ||||||
| 11 | appropriate. The warrant shall state the
amount for which the | ||||||
| 12 | provider is entitled to a warrant, the
amount of the deduction, | ||||||
| 13 | and the reason therefor and shall direct the
State Treasurer to | ||||||
| 14 | pay the balance to the provider, all in
accordance with Section | ||||||
| 15 | 10.05 of the State Comptroller Act. The warrant
also shall | ||||||
| 16 | direct the State Treasurer to transfer the amount of the
| ||||||
| 17 | deduction so ordered from the treasury or other fund into the
| ||||||
| 18 | Care Provider Fund for Persons with a Developmental Disability.
| ||||||
| 19 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
| 20 | (305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6)
| ||||||
| 21 | Sec. 5C-6. Administration; enforcement provisions.
| ||||||
| 22 | (a) To the extent practicable, the Illinois Department | ||||||
| 23 | shall administer and
enforce this Article and collect the | ||||||
| 24 | assessments, interest, and
penalty assessments imposed under | ||||||
| |||||||
| |||||||
| 1 | this Article, using procedures
employed in its administration | ||||||
| 2 | of this Code generally and, as it deems
appropriate, in a | ||||||
| 3 | manner similar to that in which the Department
of Revenue | ||||||
| 4 | administers and collects the retailers' occupation tax
| ||||||
| 5 | pursuant to the Retailers' Occupation Tax Act ("ROTA"). Instead
| ||||||
| 6 | of certificates of registration, the Illinois Department shall
| ||||||
| 7 | establish and maintain a listing of all care providers for | ||||||
| 8 | persons with a developmental disability developmentally | ||||||
| 9 | disabled
care providers appearing in the licensing records of | ||||||
| 10 | the
Department of Public Health, which shall show each | ||||||
| 11 | provider's
name, principal place of business, and the name and | ||||||
| 12 | address of
each care facility for persons with a developmental | ||||||
| 13 | disability developmentally disabled care facility operated or | ||||||
| 14 | maintained by the
provider in this State. In addition, the | ||||||
| 15 | following Retailers' Occupation
Tax Act provisions are | ||||||
| 16 | incorporated by reference into this Section, except
that the | ||||||
| 17 | Illinois Department and its Director (rather than the | ||||||
| 18 | Department
of Revenue and its Director) and every care provider | ||||||
| 19 | for persons with a developmental disability developmentally | ||||||
| 20 | disabled care
provider subject to assessment measured by | ||||||
| 21 | adjusted gross developmentally
disabled care revenue and to the | ||||||
| 22 | return filing requirements of this Article
(rather than persons | ||||||
| 23 | subject to retailers' occupation tax measured by gross
receipts | ||||||
| 24 | from the sale of tangible personal property at retail and to | ||||||
| 25 | the
return filing requirements of ROTA) shall have the powers, | ||||||
| 26 | duties, and
rights specified in these ROTA provisions, as | ||||||
| |||||||
| |||||||
| 1 | modified in this Section or
by the Illinois Department in a | ||||||
| 2 | manner consistent with this Article and
except as manifestly | ||||||
| 3 | inconsistent with the other provisions of this Article:
| ||||||
| 4 | (1) ROTA, Section 4 (examination of return; notice of
| ||||||
| 5 | correction; evidence; limitations; protest and hearing), | ||||||
| 6 | except
that (i) the Illinois Department shall issue notices | ||||||
| 7 | of
assessment liability (rather than notices of tax | ||||||
| 8 | liability as
provided in ROTA, Section 4); (ii) in the case | ||||||
| 9 | of a fraudulent
return or in the case of an extended period | ||||||
| 10 | agreed to by the
Illinois Department and the care provider | ||||||
| 11 | for persons with a developmental disability | ||||||
| 12 | developmentally disabled care
provider before the | ||||||
| 13 | expiration of the limitation period, no
notice of | ||||||
| 14 | assessment liability shall be issued more than 3 years
| ||||||
| 15 | after the later of the due date of the return required by | ||||||
| 16 | Section
5C-5 or the date the return (or an amended return) | ||||||
| 17 | was filed
(rather within the period stated in ROTA, Section | ||||||
| 18 | 4); and (iii) the penalty
provisions of ROTA, Section 4 | ||||||
| 19 | shall not apply.
| ||||||
| 20 | (2) ROTA, Section 5 (failure to make return; failure to | ||||||
| 21 | pay
assessment), except that the penalty and interest | ||||||
| 22 | provisions
of ROTA, Section 5 shall not apply.
| ||||||
| 23 | (3) ROTA, Section 5a (lien; attachment; termination; | ||||||
| 24 | notice;
protest; review; release of lien; status of lien).
| ||||||
| 25 | (4) ROTA, Section 5b (State lien notices; State lien | ||||||
| 26 | index;
duties of recorder and registrar of titles).
| ||||||
| |||||||
| |||||||
| 1 | (5) ROTA, Section 5c (liens; certificate of release).
| ||||||
| 2 | (6) ROTA, Section 5d (Department not required to | ||||||
| 3 | furnish bond;
claim to property attached or levied upon).
| ||||||
| 4 | (7) ROTA, Section 5e (foreclosure on liens; | ||||||
| 5 | enforcement).
| ||||||
| 6 | (8) ROTA, Section 5f (demand for payment; levy and sale | ||||||
| 7 | of
property; limitation).
| ||||||
| 8 | (9) ROTA, Section 5g (sale of property; redemption).
| ||||||
| 9 | (10) ROTA, Section 5j (sales on transfers outside usual | ||||||
| 10 | course
of business; report; payment of assessment; rights | ||||||
| 11 | and duties of
purchaser; penalty).
| ||||||
| 12 | (11) ROTA, Section 6 (erroneous payments; credit or | ||||||
| 13 | refund),
provided that (i) the Illinois Department may only | ||||||
| 14 | apply an
amount otherwise subject to credit or refund to a | ||||||
| 15 | liability
arising under this Article; (ii) except in the | ||||||
| 16 | case of an
extended period agreed to by the Illinois | ||||||
| 17 | Department and the
care provider for persons with a | ||||||
| 18 | developmental disability developmentally disabled care | ||||||
| 19 | provider prior to the expiration of
this limitation period, | ||||||
| 20 | a claim for credit or refund must be
filed no more than 3 | ||||||
| 21 | years after the due date of the return
required by Section | ||||||
| 22 | 5C-5 (rather than the time limitation stated
in ROTA, | ||||||
| 23 | Section 6); and (iii) credits or refunds shall not bear | ||||||
| 24 | interest.
| ||||||
| 25 | (12) ROTA, Section 6a (claims for credit or refund).
| ||||||
| 26 | (13) ROTA, Section 6b (tentative determination of | ||||||
| |||||||
| |||||||
| 1 | claim; notice;
hearing; review), provided that a care | ||||||
| 2 | provider for persons with a developmental disability | ||||||
| 3 | developmentally disabled care
provider or its | ||||||
| 4 | representative shall have 60 days (rather than 20
days) | ||||||
| 5 | within which to file a protest and request for hearing in
| ||||||
| 6 | response to a tentative determination of claim.
| ||||||
| 7 | (14) ROTA, Section 6c (finality of tentative | ||||||
| 8 | determinations).
| ||||||
| 9 | (15) ROTA, Section 8 (investigations and hearings).
| ||||||
| 10 | (16) ROTA, Section 9 (witness; immunity).
| ||||||
| 11 | (17) ROTA, Section 10 (issuance of subpoenas; | ||||||
| 12 | attendance of
witnesses; production of books and records).
| ||||||
| 13 | (18) ROTA, Section 11 (information confidential; | ||||||
| 14 | exceptions).
| ||||||
| 15 | (19) ROTA, Section 12 (rules and regulations; hearing;
| ||||||
| 16 | appeals), except that a care provider for persons with a | ||||||
| 17 | developmental disability developmentally disabled care | ||||||
| 18 | provider
shall not be required to file a bond or be subject | ||||||
| 19 | to a lien in
lieu thereof in order to seek court review | ||||||
| 20 | under the
Administrative Review Law of a final assessment | ||||||
| 21 | or revised final
assessment or the equivalent thereof | ||||||
| 22 | issued by the Illinois
Department under this Article.
| ||||||
| 23 | (b) In addition to any other remedy provided for and | ||||||
| 24 | without sending a
notice of assessment liability, the Illinois | ||||||
| 25 | Department may collect an
unpaid assessment by withholding, as | ||||||
| 26 | payment of the assessment,
reimbursements or other amounts | ||||||
| |||||||
| |||||||
| 1 | otherwise payable by the Illinois
Department to the provider.
| ||||||
| 2 | (Source: P.A. 87-861.)
| ||||||
| 3 | (305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
| ||||||
| 4 | Sec. 5C-7. Care Provider Fund for Persons with a | ||||||
| 5 | Developmental Disability.
| ||||||
| 6 | (a) There is created in the State Treasury the
Care | ||||||
| 7 | Provider Fund for Persons with a Developmental Disability. | ||||||
| 8 | Interest earned by the Fund shall be credited to the
Fund. The | ||||||
| 9 | Fund shall not be used to replace any moneys appropriated to | ||||||
| 10 | the
Medicaid program by the General Assembly.
| ||||||
| 11 | (b) The Fund is created for the purpose of receiving and
| ||||||
| 12 | disbursing assessment moneys in accordance with this Article.
| ||||||
| 13 | Disbursements from the Fund shall be made only as follows:
| ||||||
| 14 | (1) For payments to intermediate care facilities for | ||||||
| 15 | persons with a developmental disability the
| ||||||
| 16 | developmentally disabled under Title XIX of the Social | ||||||
| 17 | Security
Act and Article V of this Code.
| ||||||
| 18 | (2) For the reimbursement of moneys collected by the
| ||||||
| 19 | Illinois Department through error or mistake, and to make
| ||||||
| 20 | required payments under Section 5-4.28(a)(1) of this Code | ||||||
| 21 | if
there are no moneys available for such payments in the | ||||||
| 22 | Medicaid
Provider for Persons with a Developmental | ||||||
| 23 | Disability Developmentally Disabled Provider Participation | ||||||
| 24 | Fee Trust Fund.
| ||||||
| 25 | (3) For payment of administrative expenses incurred by | ||||||
| |||||||
| |||||||
| 1 | the Department of Human Services or its
agent or the | ||||||
| 2 | Illinois Department or its agent in performing the | ||||||
| 3 | activities
authorized by this Article.
| ||||||
| 4 | (4) For payments of any amounts which are reimbursable | ||||||
| 5 | to
the federal government for payments from this Fund which | ||||||
| 6 | are
required to be paid by State warrant.
| ||||||
| 7 | (5) For making transfers to the General Obligation Bond
| ||||||
| 8 | Retirement and Interest Fund as those transfers are | ||||||
| 9 | authorized in
the proceedings authorizing debt under the | ||||||
| 10 | Short Term Borrowing Act,
but transfers made under this | ||||||
| 11 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
| 12 | issued in anticipation of the receipt by
the State of | ||||||
| 13 | moneys to be deposited into the Fund.
| ||||||
| 14 | (6) For making refunds as required under Section 5C-10 | ||||||
| 15 | of this Article. | ||||||
| 16 | Disbursements from the Fund, other than transfers to the
| ||||||
| 17 | General Obligation Bond Retirement and Interest Fund, shall be | ||||||
| 18 | by
warrants drawn by the State Comptroller upon receipt of | ||||||
| 19 | vouchers
duly executed and certified by the Illinois | ||||||
| 20 | Department.
| ||||||
| 21 | (c) The Fund shall consist of the following:
| ||||||
| 22 | (1) All moneys collected or received by the Illinois
| ||||||
| 23 | Department from the care provider for persons with a | ||||||
| 24 | developmental disability developmentally disabled care | ||||||
| 25 | provider
assessment imposed by this Article.
| ||||||
| 26 | (2) All federal matching funds received by the Illinois
| ||||||
| |||||||
| |||||||
| 1 | Department as a result of expenditures made by the Illinois
| ||||||
| 2 | Department that are attributable to moneys deposited in the | ||||||
| 3 | Fund.
| ||||||
| 4 | (3) Any interest or penalty levied in conjunction with | ||||||
| 5 | the
administration of this Article.
| ||||||
| 6 | (4) Any balance in the Medicaid Care Provider for | ||||||
| 7 | Persons With a Developmental Disability Developmentally | ||||||
| 8 | Disabled
Care Provider Participation Fee Trust Fund in the | ||||||
| 9 | State Treasury.
The balance shall be transferred to the | ||||||
| 10 | Fund upon certification
by the Illinois Department to the | ||||||
| 11 | State Comptroller that all of
the disbursements required by | ||||||
| 12 | Section 5-4.21(b) of this Code have
been made.
| ||||||
| 13 | (5) All other moneys received for the Fund from any | ||||||
| 14 | other
source, including interest earned thereon.
| ||||||
| 15 | (Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
| ||||||
| 16 | (305 ILCS 5/5C-8) (from Ch. 23, par. 5C-8)
| ||||||
| 17 | Sec. 5C-8. Applicability. The assessment imposed by | ||||||
| 18 | Section 5C-2
shall cease to be imposed if the amount of | ||||||
| 19 | matching federal funds
under Title XIX of the Social Security | ||||||
| 20 | Act is eliminated or significantly
reduced on account of the | ||||||
| 21 | assessment. Assessments imposed prior
thereto shall be | ||||||
| 22 | disbursed in accordance with Section 5C-7 to the
extent federal | ||||||
| 23 | matching is not reduced by the assessments, and
any remaining | ||||||
| 24 | assessments shall be refunded to care providers for persons | ||||||
| 25 | with a developmental disability developmentally
disabled care | ||||||
| |||||||
| |||||||
| 1 | providers in proportion to the amounts paid by
them.
| ||||||
| 2 | (Source: P.A. 87-861.)
| ||||||
| 3 | (305 ILCS 5/5C-10) | ||||||
| 4 | Sec. 5C-10. Adjustments. For long-term care facilities for | ||||||
| 5 | persons under 22 years of age serving clinically complex | ||||||
| 6 | residents previously classified as care facilities for persons | ||||||
| 7 | with a developmental disability developmentally disabled care | ||||||
| 8 | facilities under this Article, the Department shall refund any | ||||||
| 9 | amounts paid under this Article in State fiscal year 2014 by | ||||||
| 10 | the end of State fiscal year 2015 with at least half the refund | ||||||
| 11 | amount being made prior to December 31, 2014. The amounts | ||||||
| 12 | refunded shall be based on amounts paid by the facilities to | ||||||
| 13 | the Department as the assessment under subsection (a) of | ||||||
| 14 | Section 5C-2 less any assessment and license fee due for State | ||||||
| 15 | fiscal year 2014.
| ||||||
| 16 | (Source: P.A. 98-651, eff. 6-16-14.)
| ||||||
| 17 | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
| ||||||
| 18 | Sec. 6-1.2. Need. Income available to the person, when | ||||||
| 19 | added to
contributions in money, substance, or services from | ||||||
| 20 | other sources,
including contributions from legally | ||||||
| 21 | responsible relatives, must be
insufficient to equal the grant | ||||||
| 22 | amount established by Department regulation
(or by local | ||||||
| 23 | governmental unit in units which do not receive State funds)
| ||||||
| 24 | for such a person.
| ||||||
| |||||||
| |||||||
| 1 | In determining income to be taken into account:
| ||||||
| 2 | (1) The first $75 of earned income in income assistance | ||||||
| 3 | units
comprised exclusively of one adult person shall be | ||||||
| 4 | disregarded, and for not
more than 3 months in any 12 | ||||||
| 5 | consecutive months that portion
of earned income beyond the | ||||||
| 6 | first $75 that is the difference between the
standard of | ||||||
| 7 | assistance and the grant amount, shall be disregarded.
| ||||||
| 8 | (2) For income assistance units not comprised | ||||||
| 9 | exclusively of one adult
person, when authorized by rules | ||||||
| 10 | and regulations of the Illinois
Department, a portion of | ||||||
| 11 | earned income, not to exceed the first $25 a month
plus 50% | ||||||
| 12 | of the next $75, may be disregarded for the purpose of | ||||||
| 13 | stimulating
and aiding rehabilitative effort and | ||||||
| 14 | self-support activity.
| ||||||
| 15 | "Earned income" means money earned in self-employment or | ||||||
| 16 | wages, salary,
or commission for personal services performed as | ||||||
| 17 | an employee. The eligibility
of any applicant for or recipient | ||||||
| 18 | of public aid under this Article is not
affected by the payment | ||||||
| 19 | of any grant under the "Senior Citizens and Persons with | ||||||
| 20 | Disabilities Disabled
Persons Property Tax Relief Act", any
| ||||||
| 21 | refund
or payment of the federal Earned Income Tax Credit, or | ||||||
| 22 | any distributions or
items of income described under | ||||||
| 23 | subparagraph (X) of
paragraph (2) of subsection (a) of Section | ||||||
| 24 | 203 of the Illinois Income Tax
Act.
| ||||||
| 25 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
| ||||||
| 2 | Sec. 6-2. Amount of aid. The amount and nature of General | ||||||
| 3 | Assistance
for basic maintenance requirements shall be | ||||||
| 4 | determined in accordance
with local budget standards for local | ||||||
| 5 | governmental units which do not receive
State funds. For local | ||||||
| 6 | governmental units which do receive State funds,
the amount and | ||||||
| 7 | nature of General Assistance for basic maintenance | ||||||
| 8 | requirements
shall be determined in accordance with the | ||||||
| 9 | standards, rules and regulations
of the Illinois Department. | ||||||
| 10 | However,
the amount and nature of any
financial aid is not | ||||||
| 11 | affected by the payment of any grant under the
Senior Citizens | ||||||
| 12 | and Persons with Disabilities Disabled Persons Property Tax | ||||||
| 13 | Relief Act
or any distributions or items of income described | ||||||
| 14 | under subparagraph (X) of
paragraph (2) of subsection (a) of | ||||||
| 15 | Section 203 of the Illinois Income Tax
Act. Due regard shall be | ||||||
| 16 | given to the
requirements and the conditions existing in each | ||||||
| 17 | case, and to the income,
money contributions and other support | ||||||
| 18 | and resources available, from
whatever source. In local | ||||||
| 19 | governmental units which do not receive State
funds, the grant | ||||||
| 20 | shall be sufficient when added to all other income, money
| ||||||
| 21 | contributions and support in excess of any excluded income or | ||||||
| 22 | resources, to
provide the person with a grant in the amount | ||||||
| 23 | established for such a person
by the local governmental unit | ||||||
| 24 | based upon standards meeting basic
maintenance requirements. | ||||||
| 25 | In local governmental units which
do receive State funds, the | ||||||
| 26 | grant shall be sufficient when added to all
other income, money | ||||||
| |||||||
| |||||||
| 1 | contributions and support in excess of any excluded
income or | ||||||
| 2 | resources, to provide the person with a grant in the amount
| ||||||
| 3 | established for such a person by Department regulation based | ||||||
| 4 | upon standards
providing a livelihood compatible with health | ||||||
| 5 | and well-being, as directed
by Section 12-4.11 of this Code.
| ||||||
| 6 | The Illinois Department may conduct special projects, | ||||||
| 7 | which may be
known as Grant Diversion Projects, under which | ||||||
| 8 | recipients of financial aid
under this Article are placed in | ||||||
| 9 | jobs and their grants are diverted to the
employer who in turn | ||||||
| 10 | makes payments to the recipients in the form of salary
or other | ||||||
| 11 | employment benefits. The Illinois Department shall by rule | ||||||
| 12 | specify
the terms and conditions of such Grant Diversion | ||||||
| 13 | Projects. Such projects
shall take into consideration and be | ||||||
| 14 | coordinated with the programs
administered under the Illinois | ||||||
| 15 | Emergency Employment Development Act.
| ||||||
| 16 | The allowances provided under Article IX for recipients | ||||||
| 17 | participating in
the training and rehabilitation programs | ||||||
| 18 | shall be in addition to such
maximum payment.
| ||||||
| 19 | Payments may also be made to provide persons receiving | ||||||
| 20 | basic
maintenance support with necessary treatment, care and | ||||||
| 21 | supplies required
because of illness or disability or with | ||||||
| 22 | acute medical treatment, care,
and supplies.
Payments for | ||||||
| 23 | necessary or acute medical
care under
this paragraph may be | ||||||
| 24 | made to or in behalf of the person. Obligations
incurred for | ||||||
| 25 | such services but not paid for at the time of a recipient's
| ||||||
| 26 | death may be paid, subject to the rules and regulations of the | ||||||
| |||||||
| |||||||
| 1 | Illinois
Department, after the death of the recipient.
| ||||||
| 2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 3 | (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
| ||||||
| 4 | Sec. 6-11. General Assistance.
| ||||||
| 5 | (a) Effective July 1, 1992, all State funded General | ||||||
| 6 | Assistance and related
medical benefits shall be governed by | ||||||
| 7 | this Section, provided that, notwithstanding any other | ||||||
| 8 | provisions of this Code to the contrary, on and after July 1, | ||||||
| 9 | 2012, the State shall not fund the programs outlined in this | ||||||
| 10 | Section. Other parts of this Code
or other laws related to | ||||||
| 11 | General Assistance shall remain in effect to the
extent they do | ||||||
| 12 | not conflict with the provisions of this Section. If any other
| ||||||
| 13 | part of this Code or other laws of this State conflict with the | ||||||
| 14 | provisions of
this Section, the provisions of this Section | ||||||
| 15 | shall control.
| ||||||
| 16 | (b) General Assistance may consist of 2 separate
programs. | ||||||
| 17 | One program shall be for adults with no children and shall be
| ||||||
| 18 | known as Transitional Assistance. The other program may be for
| ||||||
| 19 | families with children and for pregnant women and shall be | ||||||
| 20 | known as
Family and Children Assistance.
| ||||||
| 21 | (c) (1) To be eligible for Transitional Assistance on or | ||||||
| 22 | after July
1, 1992, an individual must be ineligible for | ||||||
| 23 | assistance under any other
Article of this Code, must be | ||||||
| 24 | determined chronically needy, and must be one of
the following:
| ||||||
| 25 | (A) age 18 or over or
| ||||||
| |||||||
| |||||||
| 1 | (B) married and living with a spouse, regardless of | ||||||
| 2 | age.
| ||||||
| 3 | (2) The local governmental unit shall determine
whether | ||||||
| 4 | individuals are chronically needy as follows:
| ||||||
| 5 | (A) Individuals who have applied for Supplemental | ||||||
| 6 | Security Income (SSI)
and are awaiting a decision on | ||||||
| 7 | eligibility for SSI who are determined to be a person with | ||||||
| 8 | a disability disabled
by
the Illinois Department using the | ||||||
| 9 | SSI standard shall be considered chronically
needy, except | ||||||
| 10 | that individuals whose disability is based solely on | ||||||
| 11 | substance
addictions (drug abuse and alcoholism) and whose | ||||||
| 12 | disability would cease were
their addictions to end shall | ||||||
| 13 | be eligible only for medical assistance and shall
not be | ||||||
| 14 | eligible for cash assistance under the Transitional | ||||||
| 15 | Assistance
program.
| ||||||
| 16 | (B) (Blank).
| ||||||
| 17 | (C) The unit of local government may specify other | ||||||
| 18 | categories of
individuals as chronically needy; nothing in | ||||||
| 19 | this Section, however, shall be
deemed to require the | ||||||
| 20 | inclusion of any specific category other than as
specified | ||||||
| 21 | in paragraph (A).
| ||||||
| 22 | (3) For individuals in Transitional Assistance, medical | ||||||
| 23 | assistance may
be provided by the unit of local government in | ||||||
| 24 | an amount and nature determined by the unit of local | ||||||
| 25 | government. Nothing in this paragraph (3) shall be construed to | ||||||
| 26 | require the coverage of
any particular medical service. In | ||||||
| |||||||
| |||||||
| 1 | addition, the amount and nature of medical
assistance provided | ||||||
| 2 | may be different for different categories of individuals
| ||||||
| 3 | determined chronically needy.
| ||||||
| 4 | (4) (Blank).
| ||||||
| 5 | (5) (Blank).
| ||||||
| 6 | (d) (1) To be eligible for Family and Children Assistance, | ||||||
| 7 | a
family unit must be ineligible for assistance under any other | ||||||
| 8 | Article of
this Code and must contain a child who is:
| ||||||
| 9 | (A) under age 18 or
| ||||||
| 10 | (B) age 18 and a full-time student in a secondary | ||||||
| 11 | school or the
equivalent level of vocational or technical | ||||||
| 12 | training, and who may
reasonably be expected to complete | ||||||
| 13 | the program before reaching age 19.
| ||||||
| 14 | Those children shall be eligible for Family and Children | ||||||
| 15 | Assistance.
| ||||||
| 16 | (2) The natural or adoptive parents of the child living in | ||||||
| 17 | the same
household may be eligible for Family and Children | ||||||
| 18 | Assistance.
| ||||||
| 19 | (3) A pregnant woman whose pregnancy has been verified | ||||||
| 20 | shall be
eligible for income maintenance assistance under the | ||||||
| 21 | Family and
Children Assistance program.
| ||||||
| 22 | (4) The amount and nature of medical assistance provided | ||||||
| 23 | under the
Family and Children Assistance program shall be | ||||||
| 24 | determined by the unit of local government. The amount and | ||||||
| 25 | nature of medical
assistance provided
need not be the same as | ||||||
| 26 | that provided under paragraph (3) of
subsection (c) of this | ||||||
| |||||||
| |||||||
| 1 | Section, and nothing in this paragraph (4) shall be
construed | ||||||
| 2 | to require the coverage of any particular medical service.
| ||||||
| 3 | (5) (Blank).
| ||||||
| 4 | (e) A local governmental unit that chooses to participate | ||||||
| 5 | in a
General Assistance program under this Section shall | ||||||
| 6 | provide
funding in accordance with Section 12-21.13 of this | ||||||
| 7 | Act.
Local governmental funds used to qualify for State funding | ||||||
| 8 | may only be
expended for clients eligible for assistance under | ||||||
| 9 | this Section 6-11 and
related administrative expenses.
| ||||||
| 10 | (f) (Blank).
| ||||||
| 11 | (g) (Blank).
| ||||||
| 12 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 13 | (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
| ||||||
| 14 | Sec. 11-20. Employment registration; duty to accept | ||||||
| 15 | employment. This
Section applies to employment and training
| ||||||
| 16 | programs other than those for recipients of assistance under | ||||||
| 17 | Article IV.
| ||||||
| 18 | (1) Each applicant or recipient and dependent member of
the | ||||||
| 19 | family age 16 or over who is able to engage in employment and | ||||||
| 20 | who is
unemployed, or employed for less than the full working | ||||||
| 21 | time for the occupation
in which he or she is engaged, shall | ||||||
| 22 | maintain a current registration for
employment or additional | ||||||
| 23 | employment with the system of free public employment
offices | ||||||
| 24 | maintained in this State by the State Department of Employment
| ||||||
| 25 | Security under the Public Employment Office Act and shall | ||||||
| |||||||
| |||||||
| 1 | utilize the job
placement
services and other facilities of such | ||||||
| 2 | offices unless the Illinois
Department otherwise provides by | ||||||
| 3 | rule for programs administered by the
Illinois Department.
| ||||||
| 4 | (2) Every person age 16 or over shall be deemed "able to | ||||||
| 5 | engage in
employment", as that term is used herein, unless (a) | ||||||
| 6 | the person has an
illness certified by the attending | ||||||
| 7 | practitioner as precluding his or her
engagement in employment | ||||||
| 8 | of any type for a time period stated in the
practitioner's | ||||||
| 9 | certification; or (b) the person has a medically determinable
| ||||||
| 10 | physical or mental impairment, disease or loss of indefinite | ||||||
| 11 | duration and
of such severity that he or she cannot perform | ||||||
| 12 | labor or services in any
type of gainful work which exists in | ||||||
| 13 | the national economy, including work
adjusted for persons with | ||||||
| 14 | physical or mental disabilities handicap; or (c) the person
is | ||||||
| 15 | among the classes of persons exempted by paragraph 5 of this | ||||||
| 16 | Section.
A person described in clauses (a), (b) or (c) of the | ||||||
| 17 | preceding sentence
shall be classified as "temporarily | ||||||
| 18 | unemployable". The Illinois Department
shall provide by rule | ||||||
| 19 | for periodic review of the circumstances of persons
classified | ||||||
| 20 | as "temporarily unemployable".
| ||||||
| 21 | (3) The Illinois Department shall provide through rules and | ||||||
| 22 | regulations
for sanctions against applicants and recipients of | ||||||
| 23 | aid under this Code
who fail or refuse to cooperate, without | ||||||
| 24 | good cause, as defined by rule of
the Illinois Department, to | ||||||
| 25 | accept a bona fide offer of employment in which
he or she is | ||||||
| 26 | able to engage either in the community of the person's
| ||||||
| |||||||
| |||||||
| 1 | residence or within reasonable commuting distance therefrom.
| ||||||
| 2 | The Illinois Department may provide by rule for the grant | ||||||
| 3 | or continuation
of aid for a temporary period, if federal law | ||||||
| 4 | or regulation so permits or
requires, to a person who refuses | ||||||
| 5 | employment without good cause if he or
she accepts counseling | ||||||
| 6 | or other services designed to increase motivation
and | ||||||
| 7 | incentives for accepting employment.
| ||||||
| 8 | (4) Without limiting other criteria which the Illinois | ||||||
| 9 | Department may
establish, it shall be good cause of refusal if
| ||||||
| 10 | (a) the wage does not meet applicable minimum wage | ||||||
| 11 | requirements,
| ||||||
| 12 | (b) there being no applicable minimum wage as | ||||||
| 13 | determined in (a), the wage
is certified by the Illinois | ||||||
| 14 | Department of Labor as being less than that
which is | ||||||
| 15 | appropriate for the work to be performed, or
| ||||||
| 16 | (c) acceptance of the offer involves a substantial | ||||||
| 17 | threat to the health
or safety of the person or any of his | ||||||
| 18 | or her dependents.
| ||||||
| 19 | (5) The requirements of registration and acceptance of | ||||||
| 20 | employment shall
not apply (a) to a parent or other person | ||||||
| 21 | needed at home
to provide personal care and supervision to a | ||||||
| 22 | child or children unless,
in accordance with the rules and | ||||||
| 23 | regulations of the Illinois Department,
suitable arrangements | ||||||
| 24 | have been or can be made for such care and
supervision
during | ||||||
| 25 | the hours of the day the parent or other person is out of the | ||||||
| 26 | home
because of employment; (b) to a person age 16 or over in | ||||||
| |||||||
| |||||||
| 1 | regular attendance
in school, as defined in Section 4-1.1; or | ||||||
| 2 | (c) to a person whose presence
in the home on a substantially | ||||||
| 3 | continuous basis is required because of the
illness or | ||||||
| 4 | incapacity of another member of the household.
| ||||||
| 5 | (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
| ||||||
| 6 | (305 ILCS 5/12-4.42)
| ||||||
| 7 | Sec. 12-4.42. Medicaid Revenue Maximization. | ||||||
| 8 | (a) Purpose. The General Assembly finds that there is a | ||||||
| 9 | need to make changes to the administration of services provided | ||||||
| 10 | by State and local governments in order to maximize federal | ||||||
| 11 | financial participation. | ||||||
| 12 | (b) Definitions. As used in this Section: | ||||||
| 13 | "Community Medicaid mental health services" means all | ||||||
| 14 | mental health services outlined in Section 132 of Title 59 of | ||||||
| 15 | the Illinois Administrative Code that are funded through DHS, | ||||||
| 16 | eligible for federal financial participation, and provided by a | ||||||
| 17 | community-based provider. | ||||||
| 18 | "Community-based provider" means an entity enrolled as a | ||||||
| 19 | provider pursuant to Sections 140.11 and 140.12 of Title 89 of | ||||||
| 20 | the Illinois Administrative Code and certified to provide | ||||||
| 21 | community Medicaid mental health services in accordance with | ||||||
| 22 | Section 132 of Title 59 of the Illinois Administrative Code. | ||||||
| 23 | "DCFS" means the Department of Children and Family | ||||||
| 24 | Services. | ||||||
| 25 | "Department" means the Illinois Department of Healthcare | ||||||
| |||||||
| |||||||
| 1 | and Family Services. | ||||||
| 2 | "Care facility for persons with a developmental disability | ||||||
| 3 | Developmentally disabled care facility" means an intermediate | ||||||
| 4 | care facility for persons with an intellectual disability the | ||||||
| 5 | intellectually disabled within the meaning of Title XIX of the | ||||||
| 6 | Social Security Act, whether public or private and whether | ||||||
| 7 | organized for profit or not-for-profit, but shall not include | ||||||
| 8 | any facility operated by the State. | ||||||
| 9 | "Care provider for persons with a developmental disability | ||||||
| 10 | Developmentally disabled care provider" means a person | ||||||
| 11 | conducting, operating, or maintaining a care facility for | ||||||
| 12 | persons with a developmental disability developmentally | ||||||
| 13 | disabled care facility. For purposes of this definition, | ||||||
| 14 | "person" means any political subdivision of the State, | ||||||
| 15 | municipal corporation, individual, firm, partnership, | ||||||
| 16 | corporation, company, limited liability company, association, | ||||||
| 17 | joint stock association, or trust, or a receiver, executor, | ||||||
| 18 | trustee, guardian, or other representative appointed by order | ||||||
| 19 | of any court. | ||||||
| 20 | "DHS" means the Illinois Department of Human Services. | ||||||
| 21 | "Hospital" means an institution, place, building, or | ||||||
| 22 | agency located in this State that is licensed as a general | ||||||
| 23 | acute hospital by the Illinois Department of Public Health | ||||||
| 24 | under the Hospital Licensing Act, whether public or private and | ||||||
| 25 | whether organized for profit or not-for-profit. | ||||||
| 26 | "Long term care facility" means (i) a skilled nursing or | ||||||
| |||||||
| |||||||
| 1 | intermediate long term care facility, whether public or private | ||||||
| 2 | and whether organized for profit or not-for-profit, that is | ||||||
| 3 | subject to licensure by the Illinois Department of Public | ||||||
| 4 | Health under the Nursing Home Care Act, including a county | ||||||
| 5 | nursing home directed and maintained under Section 5-1005 of | ||||||
| 6 | the Counties Code, and (ii) a part of a hospital in which | ||||||
| 7 | skilled or intermediate long term care services within the | ||||||
| 8 | meaning of Title XVIII or XIX of the Social Security Act are | ||||||
| 9 | provided; except that the term "long term care facility" does | ||||||
| 10 | not include a facility operated solely as an intermediate care | ||||||
| 11 | facility for the intellectually disabled within the meaning of | ||||||
| 12 | Title XIX of the Social Security Act. | ||||||
| 13 | "Long term care provider" means (i) a person licensed by | ||||||
| 14 | the Department of Public Health to operate and maintain a | ||||||
| 15 | skilled nursing or intermediate long term care facility or (ii) | ||||||
| 16 | a hospital provider that provides skilled or intermediate long | ||||||
| 17 | term care services within the meaning of Title XVIII or XIX of | ||||||
| 18 | the Social Security Act. For purposes of this definition, | ||||||
| 19 | "person" means any political subdivision of the State, | ||||||
| 20 | municipal corporation, individual, firm, partnership, | ||||||
| 21 | corporation, company, limited liability company, association, | ||||||
| 22 | joint stock association, or trust, or a receiver, executor, | ||||||
| 23 | trustee, guardian, or other representative appointed by order | ||||||
| 24 | of any court. | ||||||
| 25 | "State-operated facility for persons with a developmental | ||||||
| 26 | disability developmentally disabled care facility" means an | ||||||
| |||||||
| |||||||
| 1 | intermediate care facility for persons with an intellectual | ||||||
| 2 | disability the intellectually disabled within the meaning of | ||||||
| 3 | Title XIX of the Social Security Act operated by the State. | ||||||
| 4 | (c) Administration and deposit of Revenues. The Department | ||||||
| 5 | shall coordinate the implementation of changes required by this | ||||||
| 6 | amendatory Act of the 96th General Assembly amongst the various | ||||||
| 7 | State and local government bodies that administer programs | ||||||
| 8 | referred to in this Section. | ||||||
| 9 | Revenues generated by program changes mandated by any | ||||||
| 10 | provision in this Section, less reasonable administrative | ||||||
| 11 | costs associated with the implementation of these program | ||||||
| 12 | changes, which would otherwise be deposited into the General | ||||||
| 13 | Revenue Fund shall be deposited into the Healthcare Provider | ||||||
| 14 | Relief Fund. | ||||||
| 15 | The Department shall issue a report to the General Assembly | ||||||
| 16 | detailing the implementation progress of this amendatory Act of | ||||||
| 17 | the 96th General Assembly as a part of the Department's Medical | ||||||
| 18 | Programs annual report for fiscal years 2010 and 2011. | ||||||
| 19 | (d) Acceleration of payment vouchers. To the extent | ||||||
| 20 | practicable and permissible under federal law, the Department | ||||||
| 21 | shall create all vouchers for long term care facilities and | ||||||
| 22 | facilities for persons with a developmental disability | ||||||
| 23 | developmentally disabled care facilities for dates of service | ||||||
| 24 | in the month in which the enhanced federal medical assistance | ||||||
| 25 | percentage (FMAP) originally set forth in the American Recovery | ||||||
| 26 | and Reinvestment Act (ARRA) expires and for dates of service in | ||||||
| |||||||
| |||||||
| 1 | the month prior to that month and shall, no later than the 15th | ||||||
| 2 | of the month in which the enhanced FMAP expires, submit these | ||||||
| 3 | vouchers to the Comptroller for payment. | ||||||
| 4 | The Department of Human Services shall create the necessary | ||||||
| 5 | documentation for State-operated facilities for persons with a | ||||||
| 6 | developmental disability developmentally disabled care | ||||||
| 7 | facilities so that the necessary data for all dates of service | ||||||
| 8 | before the expiration of the enhanced FMAP originally set forth | ||||||
| 9 | in the ARRA can be adjudicated by the Department no later than | ||||||
| 10 | the 15th of the month in which the enhanced FMAP expires. | ||||||
| 11 | (e) Billing of DHS community Medicaid mental health | ||||||
| 12 | services. No later than July 1, 2011, community Medicaid mental | ||||||
| 13 | health services provided by a community-based provider must be | ||||||
| 14 | billed directly to the Department. | ||||||
| 15 | (f) DCFS Medicaid services. The Department shall work with | ||||||
| 16 | DCFS to identify existing programs, pending qualifying | ||||||
| 17 | services, that can be converted in an economically feasible | ||||||
| 18 | manner to Medicaid in order to secure federal financial | ||||||
| 19 | revenue. | ||||||
| 20 | (g) Third Party Liability recoveries. The Department shall | ||||||
| 21 | contract with a vendor to support the Department in | ||||||
| 22 | coordinating benefits for Medicaid enrollees. The scope of work | ||||||
| 23 | shall include, at a minimum, the identification of other | ||||||
| 24 | insurance for Medicaid enrollees and the recovery of funds paid | ||||||
| 25 | by the Department when another payer was liable. The vendor may | ||||||
| 26 | be paid a percentage of actual cash recovered when practical | ||||||
| |||||||
| |||||||
| 1 | and subject to federal law. | ||||||
| 2 | (h) Public health departments.
The Department shall | ||||||
| 3 | identify unreimbursed costs for persons covered by Medicaid who | ||||||
| 4 | are served by the Chicago Department of Public Health. | ||||||
| 5 | The Department shall assist the Chicago Department of | ||||||
| 6 | Public Health in determining total unreimbursed costs | ||||||
| 7 | associated with the provision of healthcare services to | ||||||
| 8 | Medicaid enrollees. | ||||||
| 9 | The Department shall determine and draw the maximum | ||||||
| 10 | allowable federal matching dollars associated with the cost of | ||||||
| 11 | Chicago Department of Public Health services provided to | ||||||
| 12 | Medicaid enrollees. | ||||||
| 13 | (i) Acceleration of hospital-based payments.
The | ||||||
| 14 | Department shall, by the 10th day of the month in which the | ||||||
| 15 | enhanced FMAP originally set forth in the ARRA expires, create | ||||||
| 16 | vouchers for all State fiscal year 2011 hospital payments | ||||||
| 17 | exempt from the prompt payment requirements of the ARRA. The | ||||||
| 18 | Department shall submit these vouchers to the Comptroller for | ||||||
| 19 | payment.
| ||||||
| 20 | (Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11; | ||||||
| 21 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-813, eff. | ||||||
| 22 | 7-13-12.)
| ||||||
| 23 | (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
| ||||||
| 24 | Sec. 12-5. Appropriations; uses; federal grants; report to
| ||||||
| 25 | General Assembly. From the sums appropriated by the General | ||||||
| |||||||
| |||||||
| 1 | Assembly,
the Illinois Department shall order for payment by | ||||||
| 2 | warrant from the State
Treasury grants for public aid under | ||||||
| 3 | Articles III, IV, and V,
including
grants for funeral and | ||||||
| 4 | burial expenses, and all costs of administration of
the | ||||||
| 5 | Illinois Department and the County Departments relating | ||||||
| 6 | thereto. Moneys
appropriated to the Illinois Department for | ||||||
| 7 | public aid under Article VI may
be used, with the consent of | ||||||
| 8 | the Governor, to co-operate
with federal, State, and local | ||||||
| 9 | agencies in the development of work
projects designed to | ||||||
| 10 | provide suitable employment for persons receiving
public aid | ||||||
| 11 | under Article VI. The Illinois Department, with the consent
of | ||||||
| 12 | the Governor, may be the agent of the State for the receipt and
| ||||||
| 13 | disbursement of federal funds or commodities for public aid | ||||||
| 14 | purposes
under Article VI and for related purposes in which the
| ||||||
| 15 | co-operation of the Illinois Department is sought by the | ||||||
| 16 | federal
government, and, in connection therewith, may make | ||||||
| 17 | necessary
expenditures from moneys appropriated for public aid | ||||||
| 18 | under any Article
of this Code and for administration. The | ||||||
| 19 | Illinois Department, with the
consent of the Governor, may be | ||||||
| 20 | the agent of the State for the receipt and
disbursement of | ||||||
| 21 | federal funds pursuant to the Immigration Reform and
Control | ||||||
| 22 | Act of 1986 and may make necessary expenditures from monies
| ||||||
| 23 | appropriated to it for operations, administration, and grants, | ||||||
| 24 | including
payment to the Health Insurance Reserve Fund for | ||||||
| 25 | group insurance costs at
the rate certified by the Department | ||||||
| 26 | of Central Management Services. All
amounts received by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department pursuant to the Immigration Reform
and | ||||||
| 2 | Control Act of 1986 shall be deposited in the Immigration | ||||||
| 3 | Reform and
Control Fund. All amounts received into the | ||||||
| 4 | Immigration Reform and Control
Fund as reimbursement for | ||||||
| 5 | expenditures from the General Revenue Fund shall be
transferred | ||||||
| 6 | to the General Revenue Fund.
| ||||||
| 7 | All grants received by the Illinois Department for programs | ||||||
| 8 | funded by the
Federal Social Services Block Grant shall be | ||||||
| 9 | deposited in the Social Services
Block Grant Fund. All funds | ||||||
| 10 | received into the Social Services Block Grant Fund
as | ||||||
| 11 | reimbursement for expenditures from the General Revenue Fund | ||||||
| 12 | shall be
transferred to the General Revenue Fund. All funds | ||||||
| 13 | received into the Social
Services Block Grant fund for | ||||||
| 14 | reimbursement for expenditure out of the Local
Initiative Fund | ||||||
| 15 | shall be transferred into the Local Initiative Fund. Any other
| ||||||
| 16 | federal funds received into the Social Services Block Grant | ||||||
| 17 | Fund shall be
transferred to the Special Purposes Trust Fund. | ||||||
| 18 | All federal funds received by
the Illinois Department as | ||||||
| 19 | reimbursement for Employment and Training Programs
for | ||||||
| 20 | expenditures made by the Illinois Department from grants, | ||||||
| 21 | gifts, or
legacies as provided in Section 12-4.18 or made by an | ||||||
| 22 | entity other than the
Illinois Department shall be deposited | ||||||
| 23 | into the Employment and Training Fund,
except that federal | ||||||
| 24 | funds received as reimbursement as a result of the
| ||||||
| 25 | appropriation made for the costs of providing adult education | ||||||
| 26 | to public
assistance recipients under the "Adult Education, | ||||||
| |||||||
| |||||||
| 1 | Public Assistance Fund" shall
be deposited into the General | ||||||
| 2 | Revenue Fund; provided, however, that all funds,
except those | ||||||
| 3 | that are specified in an interagency agreement between the
| ||||||
| 4 | Illinois Community College Board and the Illinois Department, | ||||||
| 5 | that are received
by the Illinois Department as reimbursement | ||||||
| 6 | under Title IV-A of the Social
Security Act for
expenditures | ||||||
| 7 | that are made by the Illinois Community College Board or any
| ||||||
| 8 | public community college of this State shall be credited to a | ||||||
| 9 | special account
that the State Treasurer shall establish and | ||||||
| 10 | maintain within the Employment and
Training Fund for the | ||||||
| 11 | purpose of segregating the reimbursements received for
| ||||||
| 12 | expenditures made by those entities. As reimbursements are | ||||||
| 13 | deposited into the
Employment and Training Fund, the Illinois | ||||||
| 14 | Department shall certify to the
State Comptroller and State | ||||||
| 15 | Treasurer the amount that is to be credited to the
special | ||||||
| 16 | account established within that Fund as a reimbursement for
| ||||||
| 17 | expenditures under Title IV-A of the Social Security Act made | ||||||
| 18 | by the Illinois Community College
Board or any of the public | ||||||
| 19 | community colleges. All amounts credited to the
special account | ||||||
| 20 | established and maintained within the Employment and Training
| ||||||
| 21 | Fund as provided in this Section shall be held for transfer to | ||||||
| 22 | the TANF
Opportunities Fund as provided in subsection (d) of | ||||||
| 23 | Section 12-10.3, and shall
not be transferred to any other fund | ||||||
| 24 | or used for any other purpose.
| ||||||
| 25 | Eighty percent of the federal financial participation | ||||||
| 26 | funds received by the
Illinois Department under the Title IV-A | ||||||
| |||||||
| |||||||
| 1 | Emergency Assistance program as
reimbursement for expenditures | ||||||
| 2 | made from the Illinois Department of Children
and Family | ||||||
| 3 | Services appropriations for the costs of providing services in
| ||||||
| 4 | behalf of Department of Children and Family Services clients | ||||||
| 5 | shall be deposited
into the DCFS Children's Services
Fund.
| ||||||
| 6 | All federal funds, except those covered by the foregoing 3
| ||||||
| 7 | paragraphs, received as reimbursement for expenditures from | ||||||
| 8 | the General Revenue
Fund shall be deposited in the General | ||||||
| 9 | Revenue Fund for administrative and
distributive expenditures | ||||||
| 10 | properly chargeable by federal law or regulation to
aid | ||||||
| 11 | programs established under Articles III through XII and Titles | ||||||
| 12 | IV, XVI, XIX
and XX of the Federal Social Security Act. Any | ||||||
| 13 | other federal funds received by
the Illinois Department under | ||||||
| 14 | Sections 12-4.6, 12-4.18 and
12-4.19 that are required by | ||||||
| 15 | Section 12-10 of this Code to be paid into the
Special Purposes | ||||||
| 16 | Trust Fund shall be deposited into the Special Purposes Trust
| ||||||
| 17 | Fund. Any other federal funds received by the Illinois | ||||||
| 18 | Department pursuant to
the Child Support Enforcement Program | ||||||
| 19 | established by Title IV-D of the Social
Security Act shall be | ||||||
| 20 | deposited in the Child Support Enforcement Trust Fund
as | ||||||
| 21 | required under Section 12-10.2 or in the Child Support | ||||||
| 22 | Administrative Fund as required under Section 12-10.2a of this | ||||||
| 23 | Code. Any other federal funds
received by the Illinois | ||||||
| 24 | Department for medical assistance program expenditures
made | ||||||
| 25 | under Title XIX of the Social Security Act and Article V of | ||||||
| 26 | this Code that
are required by
Section 5-4.21 of this Code to | ||||||
| |||||||
| |||||||
| 1 | be paid into the Medicaid Provider for Persons with a | ||||||
| 2 | Developmental Disability Developmentally
Disabled Provider | ||||||
| 3 | Participation Fee Trust Fund shall be deposited into the
| ||||||
| 4 | Medicaid Provider for Persons with a Developmental Disability | ||||||
| 5 | Developmentally Disabled Provider Participation Fee Trust | ||||||
| 6 | Fund. Any
other federal funds received by the Illinois | ||||||
| 7 | Department for medical
assistance program expenditures made | ||||||
| 8 | under Title XIX of the Social
Security Act and Article V of | ||||||
| 9 | this Code that are required by
Section 5-4.31 of this Code to | ||||||
| 10 | be paid into the Medicaid Long Term Care
Provider Participation | ||||||
| 11 | Fee Trust Fund shall be deposited into the Medicaid
Long Term | ||||||
| 12 | Care Provider Participation Fee Trust Fund. Any other federal | ||||||
| 13 | funds
received by the Illinois
Department for hospital | ||||||
| 14 | inpatient, hospital ambulatory care, and
disproportionate | ||||||
| 15 | share hospital expenditures made under Title XIX of the
Social | ||||||
| 16 | Security Act and Article V of this Code that are
required by | ||||||
| 17 | Section 14-2 of this Code to be paid into the Hospital Services
| ||||||
| 18 | Trust Fund shall be deposited into the Hospital Services
Trust | ||||||
| 19 | Fund. Any other federal funds received by the Illinois | ||||||
| 20 | Department for
expenditures made under Title XIX of the Social | ||||||
| 21 | Security Act and Articles
V and VI of this Code that are | ||||||
| 22 | required by Section 15-2 of this Code
to be paid into the | ||||||
| 23 | County Provider Trust Fund shall be deposited
into the County | ||||||
| 24 | Provider Trust Fund. Any other federal funds received
by the | ||||||
| 25 | Illinois Department for hospital
inpatient, hospital | ||||||
| 26 | ambulatory care, and disproportionate share hospital
| ||||||
| |||||||
| |||||||
| 1 | expenditures made under Title XIX of the Social Security Act | ||||||
| 2 | and Article V of
this Code that are required by Section 5A-8 of | ||||||
| 3 | this Code to be paid into the
Hospital Provider Fund shall be | ||||||
| 4 | deposited into the Hospital Provider Fund. Any
other federal | ||||||
| 5 | funds received by the Illinois Department for medical
| ||||||
| 6 | assistance program expenditures made under Title XIX of the | ||||||
| 7 | Social Security
Act and Article V of this Code that are | ||||||
| 8 | required by Section 5B-8 of this
Code to be paid into the | ||||||
| 9 | Long-Term Care Provider Fund shall be deposited
into the | ||||||
| 10 | Long-Term Care Provider Fund. Any other federal funds received | ||||||
| 11 | by
the Illinois Department for medical assistance program | ||||||
| 12 | expenditures made
under Title XIX of the Social Security Act | ||||||
| 13 | and Article V of this Code that
are required by Section 5C-7 of | ||||||
| 14 | this Code to be paid into the
Care Provider Fund for Persons | ||||||
| 15 | with a Developmental Disability shall be deposited into the
| ||||||
| 16 | Care Provider Fund for Persons with a Developmental Disability. | ||||||
| 17 | Any other federal funds received
by the Illinois Department for | ||||||
| 18 | trauma center
adjustment payments that are required by Section | ||||||
| 19 | 5-5.03 of this Code and made
under Title XIX of the Social | ||||||
| 20 | Security Act and Article V of this Code shall be
deposited into | ||||||
| 21 | the Trauma Center Fund. Any other federal funds received by
the | ||||||
| 22 | Illinois Department as reimbursement for expenses for early | ||||||
| 23 | intervention
services paid from the Early Intervention | ||||||
| 24 | Services Revolving Fund shall be
deposited into that Fund.
| ||||||
| 25 | The Illinois Department shall report to the General | ||||||
| 26 | Assembly at the
end of each fiscal quarter the amount of all | ||||||
| |||||||
| |||||||
| 1 | funds received and paid into
the Social Service Block Grant | ||||||
| 2 | Fund and the Local Initiative Fund and the
expenditures and | ||||||
| 3 | transfers of such funds for services, programs and other
| ||||||
| 4 | purposes authorized by law. Such report shall be filed with the | ||||||
| 5 | Speaker,
Minority Leader and Clerk of the House, with the | ||||||
| 6 | President, Minority Leader
and Secretary of the Senate, with | ||||||
| 7 | the Chairmen of the House and Senate
Appropriations Committees, | ||||||
| 8 | the House Human Resources Committee and the
Senate Public | ||||||
| 9 | Health, Welfare and Corrections Committee, or the successor
| ||||||
| 10 | standing Committees of each as provided by the rules of the | ||||||
| 11 | House and
Senate, respectively, with the Legislative Research | ||||||
| 12 | Unit and with the State
Government Report Distribution Center | ||||||
| 13 | for the General Assembly as is
required under paragraph (t) of | ||||||
| 14 | Section 7 of the State Library Act
shall be deemed sufficient | ||||||
| 15 | to comply with this Section.
| ||||||
| 16 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
| 17 | Section 645. The Energy Assistance Act is amended by | ||||||
| 18 | changing Section 6 as follows:
| ||||||
| 19 | (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
| ||||||
| 20 | Sec. 6. Eligibility, Conditions of Participation, and | ||||||
| 21 | Energy Assistance.
| ||||||
| 22 | (a) Any person who is a resident of the State of Illinois | ||||||
| 23 | and whose
household income is not greater than an amount | ||||||
| 24 | determined annually by the
Department, in consultation with the | ||||||
| |||||||
| |||||||
| 1 | Policy Advisory Council, may
apply for assistance pursuant to | ||||||
| 2 | this Act in accordance with regulations
promulgated by the | ||||||
| 3 | Department. In setting the annual eligibility level, the
| ||||||
| 4 | Department shall consider the amount of available funding and | ||||||
| 5 | may not set a
limit higher than 150% of the federal nonfarm | ||||||
| 6 | poverty level as established by
the federal Office of | ||||||
| 7 | Management and Budget; except that for the period ending June | ||||||
| 8 | 30, 2013, the Department may not establish limits higher than | ||||||
| 9 | 200% of that poverty level or the maximum level provided for by | ||||||
| 10 | federal guidelines.
| ||||||
| 11 | (b) Applicants who qualify for assistance pursuant to | ||||||
| 12 | subsection (a) of
this Section shall, subject to appropriation | ||||||
| 13 | from the General Assembly and
subject to availability of funds | ||||||
| 14 | to the Department, receive energy
assistance as provided by | ||||||
| 15 | this Act. The Department, upon receipt
of monies authorized | ||||||
| 16 | pursuant to this Act for energy assistance, shall commit
funds | ||||||
| 17 | for each qualified applicant in an amount determined by the
| ||||||
| 18 | Department. In determining the amounts of assistance to be | ||||||
| 19 | provided to or
on behalf of a qualified applicant, the | ||||||
| 20 | Department shall ensure that the
highest amounts of assistance | ||||||
| 21 | go to households with the greatest energy
costs in relation to | ||||||
| 22 | household income. The Department shall include
factors such as | ||||||
| 23 | energy costs, household size, household income, and region
of | ||||||
| 24 | the State when determining individual household benefits. In | ||||||
| 25 | setting
assistance levels, the Department shall attempt to | ||||||
| 26 | provide assistance to
approximately the same number of | ||||||
| |||||||
| |||||||
| 1 | households who participated in the 1991
Residential Energy | ||||||
| 2 | Assistance Partnership Program. Such assistance levels
shall | ||||||
| 3 | be adjusted annually on the basis of funding
availability and | ||||||
| 4 | energy costs. In promulgating rules for the
administration of | ||||||
| 5 | this
Section the Department shall assure that a minimum of 1/3 | ||||||
| 6 | of funds
available for benefits to eligible households with the | ||||||
| 7 | lowest incomes and that elderly households and households with | ||||||
| 8 | persons with disabilities and
disabled households are offered a | ||||||
| 9 | priority application
period.
| ||||||
| 10 | (c) If the applicant is not a customer of record of an | ||||||
| 11 | energy provider for
energy services or an applicant for such | ||||||
| 12 | service, such applicant shall
receive a direct energy | ||||||
| 13 | assistance payment in an amount established by the
Department | ||||||
| 14 | for all such applicants under this Act; provided, however, that
| ||||||
| 15 | such an applicant must have rental expenses for housing greater | ||||||
| 16 | than 30% of
household income.
| ||||||
| 17 | (c-1) This subsection shall apply only in cases where: (1) | ||||||
| 18 | the applicant is not a customer of record of an energy provider | ||||||
| 19 | because energy services are provided by the owner of the unit | ||||||
| 20 | as a portion of the rent; (2) the applicant resides in housing | ||||||
| 21 | subsidized or developed with funds provided under the Rental | ||||||
| 22 | Housing Support Program Act or under a similar locally funded | ||||||
| 23 | rent subsidy program, or is the voucher holder who resides in a | ||||||
| 24 | rental unit within the State of Illinois and whose monthly rent | ||||||
| 25 | is subsidized by the tenant-based Housing Choice Voucher | ||||||
| 26 | Program under Section 8 of the U.S. Housing Act of 1937; and | ||||||
| |||||||
| |||||||
| 1 | (3) the rental expenses for housing are no more than 30% of | ||||||
| 2 | household income. In such cases, the household may apply for an | ||||||
| 3 | energy assistance payment under this Act and the owner of the | ||||||
| 4 | housing unit shall cooperate with the applicant by providing | ||||||
| 5 | documentation of the energy costs for that unit. Any | ||||||
| 6 | compensation paid to the energy provider who supplied energy | ||||||
| 7 | services to the household shall be paid on behalf of the owner | ||||||
| 8 | of the housing unit providing energy services to the household. | ||||||
| 9 | The Department shall report annually to the General Assembly on | ||||||
| 10 | the number of households receiving energy assistance under this | ||||||
| 11 | subsection and the cost of such assistance. The provisions of | ||||||
| 12 | this subsection (c-1), other than this sentence, are | ||||||
| 13 | inoperative after August 31, 2012. | ||||||
| 14 | (d) If the applicant is a customer of an energy provider, | ||||||
| 15 | such
applicant shall receive energy assistance in an amount | ||||||
| 16 | established by the
Department for all such applicants under | ||||||
| 17 | this Act, such amount to be paid
by the Department to the | ||||||
| 18 | energy provider supplying winter energy service to
such | ||||||
| 19 | applicant. Such applicant shall:
| ||||||
| 20 | (i) make all reasonable efforts to apply to any other | ||||||
| 21 | appropriate
source of public energy assistance; and
| ||||||
| 22 | (ii) sign a waiver permitting the Department to receive | ||||||
| 23 | income
information from any public or private agency | ||||||
| 24 | providing income or energy
assistance and from any | ||||||
| 25 | employer, whether public or private.
| ||||||
| 26 | (e) Any qualified applicant pursuant to this Section may | ||||||
| |||||||
| |||||||
| 1 | receive or have
paid on such applicant's behalf an emergency | ||||||
| 2 | assistance payment to enable
such applicant to obtain access to | ||||||
| 3 | winter energy services. Any such
payments shall be made in | ||||||
| 4 | accordance with regulations of the Department.
| ||||||
| 5 | (f) The Department may, if sufficient funds are available, | ||||||
| 6 | provide
additional benefits to certain qualified applicants:
| ||||||
| 7 | (i) for the reduction of past due amounts owed to | ||||||
| 8 | energy providers;
and
| ||||||
| 9 | (ii) to assist the household in responding to | ||||||
| 10 | excessively high summer
temperatures or energy costs. | ||||||
| 11 | Households containing elderly members, children,
a person | ||||||
| 12 | with a disability, or a person with a medical need for | ||||||
| 13 | conditioned air
shall receive priority for receipt of such | ||||||
| 14 | benefits.
| ||||||
| 15 | (Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09; | ||||||
| 16 | 96-1000, eff. 7-2-10; 97-721, eff. 6-29-12.)
| ||||||
| 17 | Section 650. The Medicaid Revenue Act is amended by | ||||||
| 18 | changing Section 1-2 as follows:
| ||||||
| 19 | (305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)
| ||||||
| 20 | Sec. 1-2. Legislative finding and declaration. The General | ||||||
| 21 | Assembly hereby
finds, determines, and declares:
| ||||||
| 22 | (1) It is in the public interest and it is the public | ||||||
| 23 | policy of this State
to provide for and improve the basic | ||||||
| 24 | medical care and long-term health care
services of its | ||||||
| |||||||
| |||||||
| 1 | indigent, most vulnerable citizens.
| ||||||
| 2 | (2) Preservation of health, alleviation of sickness, | ||||||
| 3 | and correction of
disabling handicapping conditions for | ||||||
| 4 | persons requiring maintenance support are essential
if | ||||||
| 5 | those persons are to have an opportunity to become | ||||||
| 6 | self-supporting or to
attain a greater capacity for | ||||||
| 7 | self-care.
| ||||||
| 8 | (3) For persons who are medically indigent but | ||||||
| 9 | otherwise able to provide
themselves a livelihood, it is of | ||||||
| 10 | special importance to maintain their
incentives for | ||||||
| 11 | continued independence and preserve their limited | ||||||
| 12 | resources for
ordinary maintenance needed to prevent their | ||||||
| 13 | total or substantial dependence on
public support.
| ||||||
| 14 | (4) The State has historically provided for care and | ||||||
| 15 | services, in
conjunction with the federal government, | ||||||
| 16 | through the establishment and funding
of a medical | ||||||
| 17 | assistance program administered by the Department of | ||||||
| 18 | Healthcare and Family Services (formerly Department of | ||||||
| 19 | Public Aid)
and approved by the Secretary of Health and | ||||||
| 20 | Human Services under Title XIX of
the federal Social | ||||||
| 21 | Security Act, that program being commonly referred to as
| ||||||
| 22 | "Medicaid".
| ||||||
| 23 | (5) The Medicaid program is a funding partnership | ||||||
| 24 | between the State of
Illinois and the federal government, | ||||||
| 25 | with the Department of Healthcare and Family Services being
| ||||||
| 26 | designated as the single State agency responsible for the | ||||||
| |||||||
| |||||||
| 1 | administration of the
program, but with the State | ||||||
| 2 | historically receiving 50% of the amounts expended
as | ||||||
| 3 | medical assistance under the Medicaid program from the | ||||||
| 4 | federal government.
| ||||||
| 5 | (6) To raise a portion of Illinois' share of the | ||||||
| 6 | Medicaid funds after July
1, 1991, the General Assembly | ||||||
| 7 | enacted Public Act 87-13 to provide for the
collection of | ||||||
| 8 | provider participation fees from designated health care | ||||||
| 9 | providers
receiving Medicaid payments.
| ||||||
| 10 | (7) On September 12, 1991, the Secretary of Health and | ||||||
| 11 | Human Services
proposed regulations that could have | ||||||
| 12 | reduced the federal matching of Medicaid
expenditures | ||||||
| 13 | incurred on or after January 1, 1992 by the portion of the
| ||||||
| 14 | expenditures paid from funds raised through the provider | ||||||
| 15 | participation fees.
| ||||||
| 16 | (8) To prevent the Secretary from enacting those | ||||||
| 17 | regulations but at the same
time to impose certain | ||||||
| 18 | statutory limitations on the means by which states may
| ||||||
| 19 | raise Medicaid funds eligible for federal matching, | ||||||
| 20 | Congress enacted the
Medicaid Voluntary Contribution and | ||||||
| 21 | Provider-Specific Tax Amendments of
1991, Public Law | ||||||
| 22 | 102-234.
| ||||||
| 23 | (9) Public Law 102-234 provides for a state's share of | ||||||
| 24 | Medicaid funding
eligible for federal matching to be raised | ||||||
| 25 | through "broad-based health care
related taxes", meaning, | ||||||
| 26 | generally, a tax imposed with respect to a class of
health | ||||||
| |||||||
| |||||||
| 1 | care items or services (or providers thereof) specified | ||||||
| 2 | therein, which
(i) is imposed on all items or services or | ||||||
| 3 | providers in the class in the state,
except federal or | ||||||
| 4 | public providers, and (ii) is imposed uniformly on all
| ||||||
| 5 | providers in the class at the same rate with respect to the | ||||||
| 6 | same base.
| ||||||
| 7 | (10) The separate classes of health care items and | ||||||
| 8 | services established by
P.L. 102-234 include inpatient and | ||||||
| 9 | outpatient hospital services, nursing
facility services, | ||||||
| 10 | and services of intermediate care facilities for persons | ||||||
| 11 | with intellectual disabilities the intellectually | ||||||
| 12 | disabled.
| ||||||
| 13 | (11) The provider participation fees imposed under | ||||||
| 14 | P.A. 87-13 may not meet
the standards under P.L. 102-234.
| ||||||
| 15 | (12) The resulting hospital Medicaid reimbursement | ||||||
| 16 | reductions may force the
closure of some hospitals now | ||||||
| 17 | serving a disproportionately high number of the
needy, who | ||||||
| 18 | would then have to be cared for by remaining hospitals at
| ||||||
| 19 | substantial cost to those remaining hospitals.
| ||||||
| 20 | (13) The hospitals in the State are all part of and | ||||||
| 21 | benefit from a hospital
system linked together in a number | ||||||
| 22 | of ways, including common licensing and
regulation, health | ||||||
| 23 | care standards, education, research and disease control
| ||||||
| 24 | reporting, patient transfers for specialist care, and | ||||||
| 25 | organ donor networks.
| ||||||
| 26 | (14) Each hospital's patient population demographics, | ||||||
| |||||||
| |||||||
| 1 | including the
proportion of patients whose care is paid by | ||||||
| 2 | Medicaid, is subject to change
over time.
| ||||||
| 3 | (15) Hospitals in the State have a special interest in | ||||||
| 4 | the payment of
adequate reimbursement levels for hospital | ||||||
| 5 | care by Medicaid.
| ||||||
| 6 | (16) Most hospitals are exempt from payment of most | ||||||
| 7 | federal, State, and
local income, sales, property, and | ||||||
| 8 | other taxes.
| ||||||
| 9 | (17) The hospital assessment enacted by this Act under | ||||||
| 10 | the guidelines of
P.L. 102-234 is the most efficient means | ||||||
| 11 | of raising the federally matchable
funds needed for | ||||||
| 12 | hospital care reimbursement.
| ||||||
| 13 | (18) Cook County Hospital and Oak Forest Hospital are | ||||||
| 14 | public hospitals owned
and operated by Cook County with | ||||||
| 15 | unique fiscal problems, including a patient
population | ||||||
| 16 | that is primarily Medicaid or altogether nonpaying, that | ||||||
| 17 | make an
intergovernmental transfer payment arrangement a | ||||||
| 18 | more appropriate means of
financing than the regular | ||||||
| 19 | hospital assessment and reimbursement provisions.
| ||||||
| 20 | (19) Sole community hospitals provide access to | ||||||
| 21 | essential care that would
otherwise not be reasonably | ||||||
| 22 | available in the community they serve, such that
imposition | ||||||
| 23 | of assessments on them in their precarious financial | ||||||
| 24 | circumstances
may force their closure and have the effect | ||||||
| 25 | of reducing access to health care.
| ||||||
| 26 | (20) Each nursing home's resident population | ||||||
| |||||||
| |||||||
| 1 | demographics, including the
proportion of residents whose | ||||||
| 2 | care is paid by Medicaid, is subject to change
over time in | ||||||
| 3 | that, among other things, residents currently able to pay | ||||||
| 4 | the cost
of nursing home care may become dependent on | ||||||
| 5 | Medicaid support for continued
care and services as | ||||||
| 6 | resources are depleted.
| ||||||
| 7 | (21) As the citizens of the State age, increased | ||||||
| 8 | pressures will be placed on
limited facilities to provide | ||||||
| 9 | reasonable levels of care for a greater number of
geriatric | ||||||
| 10 | residents, and all involved in the nursing home industry, | ||||||
| 11 | providers
and residents, have a special interest in the | ||||||
| 12 | maintenance of adequate Medicaid
support for all nursing | ||||||
| 13 | facilities.
| ||||||
| 14 | (22) The assessments on nursing homes enacted by this | ||||||
| 15 | Act under the
guidelines of P.L. 102-234 are the most | ||||||
| 16 | efficient means of raising the
federally matchable funds | ||||||
| 17 | needed for nursing home care reimbursement.
| ||||||
| 18 | (23) All intermediate care facilities for persons with | ||||||
| 19 | developmental
disabilities receive a high degree of | ||||||
| 20 | Medicaid support and benefits and
therefore have a special | ||||||
| 21 | interest in the maintenance of adequate Medicaid
support.
| ||||||
| 22 | (24) The assessments on intermediate care facilities | ||||||
| 23 | for persons with
developmental disabilities enacted by | ||||||
| 24 | this Act under the guidelines of P.L.
102-234 are the most | ||||||
| 25 | efficient means of raising the federally matchable funds
| ||||||
| 26 | needed for reimbursement of providers of intermediate care | ||||||
| |||||||
| |||||||
| 1 | for persons with
developmental disabilities.
| ||||||
| 2 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 3 | Section 655. The Nutrition Outreach and Public Education | ||||||
| 4 | Act is amended by changing Section 10 as follows:
| ||||||
| 5 | (305 ILCS 42/10)
| ||||||
| 6 | Sec. 10. Definitions. As used in this Act, unless the | ||||||
| 7 | context requires
otherwise:
| ||||||
| 8 | "At-risk populations" means populations including but not | ||||||
| 9 | limited to
families with children receiving aid under Article | ||||||
| 10 | IV of the Illinois
Public Aid Code, households receiving | ||||||
| 11 | federal supplemental security income
payments, households with | ||||||
| 12 | incomes at or below 185%
of the poverty guidelines updated | ||||||
| 13 | annually in the Federal Register by the U.S.
Department of | ||||||
| 14 | Health and Human Services under authority of Section 673(2) of
| ||||||
| 15 | the Omnibus Budget Reconciliation Act of 1981, recipients of | ||||||
| 16 | emergency food,
elderly persons or persons with disabilities or
| ||||||
| 17 | disabled persons, homeless persons, unemployed persons, and | ||||||
| 18 | families and
persons residing in rural households who are at | ||||||
| 19 | risk of nutritional
deficiencies.
| ||||||
| 20 | "Secretary" means the Secretary of Human Services.
| ||||||
| 21 | "Food assistance programs" means programs including but | ||||||
| 22 | not limited
to the food stamp program, school breakfast and | ||||||
| 23 | lunch programs, child care food
programs, summer food service | ||||||
| 24 | programs, the special supplemental programs for
women, infants | ||||||
| |||||||
| |||||||
| 1 | and children, congregate meal programs, and home-delivered | ||||||
| 2 | meal
programs.
| ||||||
| 3 | "High-risk area" means any county or urban area where a | ||||||
| 4 | significant
percentage or number of those potentially eligible | ||||||
| 5 | for food assistance
programs are not participating in such | ||||||
| 6 | programs.
| ||||||
| 7 | (Source: P.A. 93-555, eff. 1-1-04.)
| ||||||
| 8 | Section 660. The Housing Authorities Act is amended by | ||||||
| 9 | changing Section 8.15 as follows:
| ||||||
| 10 | (310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)
| ||||||
| 11 | Sec. 8.15.
A Housing Authority may, subject to written | ||||||
| 12 | approval by
the Department, acquire by purchase,
condemnation | ||||||
| 13 | or otherwise any improved or unimproved real property, the
| ||||||
| 14 | acquisition of which is necessary or appropriate for the | ||||||
| 15 | implementation
of a conservation plan for a conservation area | ||||||
| 16 | as defined in this Act;
to remove or demolish substandard or | ||||||
| 17 | other buildings and structures from
the property so acquired; | ||||||
| 18 | to hold, improve, mortgage and manage such
properties; and to | ||||||
| 19 | sell, lease, or exchange such properties, provided
that | ||||||
| 20 | contracts for repair, improvement or rehabilitation of | ||||||
| 21 | existing
improvements as may be required by the conservation | ||||||
| 22 | plan to be done by
the Authority involving in excess of $1,000 | ||||||
| 23 | shall be let by free and
competitive bidding to the lowest | ||||||
| 24 | responsible bidder upon such bond and
subject to such | ||||||
| |||||||
| |||||||
| 1 | regulations as may be set by the Department and to the written
| ||||||
| 2 | approval of the Department, and provided further that all new | ||||||
| 3 | construction
for occupancy and use other than by any municipal | ||||||
| 4 | corporation or county
or subdivision thereof shall be on land | ||||||
| 5 | privately owned.
| ||||||
| 6 | The acquisition, use or disposition of any real property | ||||||
| 7 | must conform
to a conservation plan developed and approved as | ||||||
| 8 | provided in Section
8.14. In case of the sale or lease of any | ||||||
| 9 | real property acquired under
a conservation plan, the buyer or | ||||||
| 10 | lessee must as a condition of sale or
lease agree to improve | ||||||
| 11 | and use the property according to the
conservation plan, and | ||||||
| 12 | such agreement may be made a covenant running
with the land, | ||||||
| 13 | and on order of the Authority and written approval from
the | ||||||
| 14 | Department the agreement shall be made a
covenant running with | ||||||
| 15 | the land. No lease or deed of conveyance either
by the | ||||||
| 16 | Authority or any subsequent owner shall contain a covenant
| ||||||
| 17 | running with the land or other provision prohibiting occupancy | ||||||
| 18 | of the
premises by any person because of race, creed, color, | ||||||
| 19 | religion,
mental or physical disability handicap, national | ||||||
| 20 | origin or sex.
| ||||||
| 21 | The Authority shall by public notice by publication once a | ||||||
| 22 | week for 2
consecutive weeks in a newspaper having general | ||||||
| 23 | circulation in the
municipality or county prior to the | ||||||
| 24 | execution of any contract to sell,
lease or otherwise transfer | ||||||
| 25 | real property and prior to the delivery of
any instrument of | ||||||
| 26 | conveyance with respect thereto, invite proposals from
and make | ||||||
| |||||||
| |||||||
| 1 | available all pertinent information to redevelopers or any
| ||||||
| 2 | person interested in undertaking to redevelop or rehabilitate a
| ||||||
| 3 | conservation area, or any part thereof; provided that, in | ||||||
| 4 | municipalities
or counties in which no newspaper is published, | ||||||
| 5 | publication may be made
by posting a notice in 3 prominent | ||||||
| 6 | places within the municipality or
county. The notice shall | ||||||
| 7 | contain a description of the conservation
area, the details of | ||||||
| 8 | the conservation plan relating to the property
which the | ||||||
| 9 | purchaser shall undertake in writing to carry out, and such
| ||||||
| 10 | undertakings as the Authority and the Department
may deem | ||||||
| 11 | necessary to obligate the purchaser, his or her
successors and | ||||||
| 12 | assigns (1) to use the property for the purposes
designated in | ||||||
| 13 | the conservation plan, (2) to commence and complete the
| ||||||
| 14 | improvement, repair, rehabilitation or construction of the | ||||||
| 15 | improvements
within the periods of time which the Authority | ||||||
| 16 | with written approval
from the Department fixes as reasonable | ||||||
| 17 | and
(3) to comply with such other conditions as are necessary | ||||||
| 18 | to carry out
the purpose of the conservation project.
| ||||||
| 19 | The Authority may negotiate with any persons for proposals | ||||||
| 20 | for the
purchase, lease or other transfer of any real property | ||||||
| 21 | acquired by it
and shall consider all redevelopment and | ||||||
| 22 | rehabilitation proposals
submitted to it and the financial and | ||||||
| 23 | legal ability of the persons
making such proposals to carry | ||||||
| 24 | them out. The Authority subject to
written approval from the | ||||||
| 25 | Department, at a
public meeting, notice of which shall have | ||||||
| 26 | been published in a newspaper
of general circulation within the | ||||||
| |||||||
| |||||||
| 1 | municipality or county at least 15 but
not more than 30 days | ||||||
| 2 | prior to such meeting, may accept such proposals
as it deems to | ||||||
| 3 | be in the public interest and in furtherance of the
purposes of | ||||||
| 4 | this Act.
| ||||||
| 5 | All sales or leases of real property shall be made at not | ||||||
| 6 | less than
fair use value. No sale of real property acquired | ||||||
| 7 | pursuant to this
section shall be made without the approval of | ||||||
| 8 | a majority of the
Commissioners of the Authority and written | ||||||
| 9 | approval from the Department.
No property shall be held for | ||||||
| 10 | more than 5
years, after which the property shall be sold to | ||||||
| 11 | the highest bidder at
public sale. The Authority may employ | ||||||
| 12 | competent real estate management
firms to manage such | ||||||
| 13 | properties as may be required, or the Authority may
manage such | ||||||
| 14 | properties.
| ||||||
| 15 | (Source: P.A. 81-1509.)
| ||||||
| 16 | Section 665. The Illinois Affordable Housing Act is amended | ||||||
| 17 | by changing Section 8 as follows:
| ||||||
| 18 | (310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
| ||||||
| 19 | Sec. 8. Uses of Trust Fund.
| ||||||
| 20 | (a) Subject to annual appropriation to
the Funding Agent | ||||||
| 21 | and subject to the prior dedication, allocation, transfer
and | ||||||
| 22 | use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and | ||||||
| 23 | 9 of this
Act, the Trust Fund may be used to make grants,
| ||||||
| 24 | mortgages, or
other loans to acquire, construct, rehabilitate, | ||||||
| |||||||
| |||||||
| 1 | develop, operate, insure,
and retain affordable single-family | ||||||
| 2 | and multi-family housing in this State
for low-income
and very | ||||||
| 3 | low-income households. The majority of monies appropriated to | ||||||
| 4 | the
Trust Fund in any given year are to be used for affordable | ||||||
| 5 | housing for very
low-income households. For the fiscal years | ||||||
| 6 | 2007, 2008, and 2009
only, the Department of Human Services is | ||||||
| 7 | authorized to receive appropriations and spend moneys from the | ||||||
| 8 | Illinois Affordable Housing Trust Fund for the purpose of | ||||||
| 9 | developing and coordinating public and private resources | ||||||
| 10 | targeted to meet the affordable housing needs of low-income, | ||||||
| 11 | very low-income, and special needs households in the State of | ||||||
| 12 | Illinois.
| ||||||
| 13 | (b) For each fiscal year commencing with fiscal year 1994, | ||||||
| 14 | the Program
Administrator shall certify from time to time to | ||||||
| 15 | the Funding Agent, the
Comptroller and the State
Treasurer | ||||||
| 16 | amounts, up to an aggregate in any fiscal year of $10,000,000, | ||||||
| 17 | of
Trust Fund Moneys expected to be used or pledged by the | ||||||
| 18 | Program Administrator
during the fiscal year for the purposes | ||||||
| 19 | and uses specified in Sections 8(c) and
9 of this Act. Subject | ||||||
| 20 | to annual appropriation, upon receipt of such
certification, | ||||||
| 21 | the Funding Agent and the
Comptroller shall dedicate and the | ||||||
| 22 | State Treasurer shall transfer not less
often than monthly to | ||||||
| 23 | the Program Administrator or its designated payee,
without | ||||||
| 24 | requisition or further
request therefor, all amounts | ||||||
| 25 | accumulated in the Trust Fund within the State
Treasury and not | ||||||
| 26 | already transferred to the Loan Commitment Account prior to
the | ||||||
| |||||||
| |||||||
| 1 | Funding Agent's receipt of such certification, until the | ||||||
| 2 | Program
Administrator has received the aggregate amount | ||||||
| 3 | certified by the Program
Administrator, to be used solely for | ||||||
| 4 | the purposes and uses authorized and
provided in Sections 8(c) | ||||||
| 5 | and 9 of this Act. Neither the Comptroller nor the
Treasurer | ||||||
| 6 | shall transfer, dedicate or allocate any of the Trust Fund | ||||||
| 7 | Moneys
transferred or certified for transfer by the Program | ||||||
| 8 | Administrator as provided
above to any other fund, nor shall | ||||||
| 9 | the Governor authorize any such transfer,
dedication or | ||||||
| 10 | allocation, nor shall any of the Trust Fund Moneys so | ||||||
| 11 | dedicated,
allocated or transferred be used, temporarily or | ||||||
| 12 | otherwise, for interfund
borrowing, or be otherwise used or | ||||||
| 13 | appropriated, except as expressly authorized
and provided in | ||||||
| 14 | Sections 8(c) and 9 of this Act for the purposes and subject to
| ||||||
| 15 | the priorities, limitations and conditions provided for | ||||||
| 16 | therein until such
obligations, uses and dedications as therein | ||||||
| 17 | provided, have been satisfied.
| ||||||
| 18 | (c) Notwithstanding Section 5(b) of this Act, any Trust | ||||||
| 19 | Fund Moneys
transferred to the Program Administrator pursuant | ||||||
| 20 | to Section 8(b) of this Act,
or otherwise obtained, paid to or | ||||||
| 21 | held by or for the Program Administrator, or
pledged pursuant | ||||||
| 22 | to resolution of the Program Administrator, for Affordable
| ||||||
| 23 | Housing Program Trust Fund Bonds or Notes under the Illinois | ||||||
| 24 | Housing
Development Act, and all proceeds, payments and | ||||||
| 25 | receipts from investments or
use of such moneys, including any | ||||||
| 26 | residual or additional funds or moneys
generated or obtained in | ||||||
| |||||||
| |||||||
| 1 | connection with any of the foregoing, may be held,
pledged, | ||||||
| 2 | applied or dedicated by the Program Administrator as follows:
| ||||||
| 3 | (1) as required by the terms of any pledge of or | ||||||
| 4 | resolution of the Program
Administrator authorized under | ||||||
| 5 | Section 9 of this Act in connection with
Affordable Housing | ||||||
| 6 | Program Trust Fund Bonds or Notes issued pursuant to the
| ||||||
| 7 | Illinois Housing Development Act;
| ||||||
| 8 | (2) to or for costs of issuance and administration
and | ||||||
| 9 | the payments of any principal, interest, premium or other | ||||||
| 10 | amounts or
expenses incurred or accrued in connection with | ||||||
| 11 | Affordable Housing Program
Trust Fund Bonds or Notes, | ||||||
| 12 | including rate protection contracts and credit
support | ||||||
| 13 | arrangements pertaining thereto, and, provided such | ||||||
| 14 | expenses, fees and
charges are obligations, whether | ||||||
| 15 | recourse or nonrecourse, and whether financed
with or paid | ||||||
| 16 | from the proceeds of Affordable Housing Program Trust Fund | ||||||
| 17 | Bonds
or Notes, of the developers, mortgagors or other | ||||||
| 18 | users, the Program
Administrator's expenses and servicing, | ||||||
| 19 | administration and origination fees and
charges in | ||||||
| 20 | connection with any loans, mortgages, or developments | ||||||
| 21 | funded or
financed or expected to be funded or financed, in | ||||||
| 22 | whole or in part, from the
issuance of Affordable Housing | ||||||
| 23 | Program Trust Fund Bonds or Notes;
| ||||||
| 24 | (3) to or for costs of issuance and administration and | ||||||
| 25 | the payments of
principal, interest, premium, loan fees, | ||||||
| 26 | and other amounts or other obligations
of the Program | ||||||
| |||||||
| |||||||
| 1 | Administrator, including rate protection contracts and | ||||||
| 2 | credit
support arrangements pertaining thereto, for loans, | ||||||
| 3 | commercial paper or other
notes or bonds issued by the | ||||||
| 4 | Program Administrator pursuant to the Illinois
Housing | ||||||
| 5 | Development Act, provided that the proceeds of such loans, | ||||||
| 6 | commercial
paper or other notes or bonds are paid or | ||||||
| 7 | expended in connection with, or
refund or repay, loans, | ||||||
| 8 | commercial paper or other notes or bonds issued or made
in | ||||||
| 9 | connection with bridge loans or loans for the construction, | ||||||
| 10 | renovation,
redevelopment, restructuring, reorganization | ||||||
| 11 | of Affordable Housing and related
expenses, including | ||||||
| 12 | development costs, technical assistance, or other amounts
| ||||||
| 13 | to construct, preserve, improve, renovate, rehabilitate, | ||||||
| 14 | refinance, or assist
Affordable Housing, including | ||||||
| 15 | financially troubled Affordable Housing,
permanent or | ||||||
| 16 | other financing for which has been funded or financed or is
| ||||||
| 17 | expected to be funded or financed in whole or in part by | ||||||
| 18 | the Program
Administrator through the issuance of or use of | ||||||
| 19 | proceeds from Affordable
Housing Program Trust Fund Bonds | ||||||
| 20 | or Notes;
| ||||||
| 21 | (4) to or for direct expenditures or reimbursement for | ||||||
| 22 | development costs,
technical assistance, or other amounts | ||||||
| 23 | to construct, preserve, improve,
renovate, rehabilitate, | ||||||
| 24 | refinance, or assist Affordable Housing, including
| ||||||
| 25 | financially troubled Affordable Housing, permanent or | ||||||
| 26 | other financing for which
has been funded or financed or is | ||||||
| |||||||
| |||||||
| 1 | expected to be funded or financed in whole or
in part by | ||||||
| 2 | the Program Administrator through the issuance of or use of | ||||||
| 3 | proceeds
from Affordable Housing Program Trust Fund Bonds | ||||||
| 4 | or Notes; and
| ||||||
| 5 | (5) for deposit into any residual, sinking, reserve or | ||||||
| 6 | revolving fund or
pool established by the Program | ||||||
| 7 | Administrator, whether or not pledged to secure
Affordable | ||||||
| 8 | Housing Program Trust Fund Bonds or Notes, to support or be
| ||||||
| 9 | utilized for the
issuance, redemption, or payment of the | ||||||
| 10 | principal, interest, premium or other
amounts payable on or | ||||||
| 11 | with respect to any existing, additional or future
| ||||||
| 12 | Affordable Housing Program Trust Fund Bonds or Notes, or to | ||||||
| 13 | or for any other
expenditure authorized by this Section | ||||||
| 14 | 8(c).
| ||||||
| 15 | (d) All or a portion of the Trust Fund Moneys on
deposit or | ||||||
| 16 | to be
deposited in
the Trust Fund not already certified for | ||||||
| 17 | transfer or transferred to the
Program Administrator pursuant | ||||||
| 18 | to Section 8(b) of this Act may be used to
secure the repayment | ||||||
| 19 | of Affordable Housing Program Trust Fund Bonds or
Notes, or | ||||||
| 20 | otherwise to supplement or support Affordable Housing funded or
| ||||||
| 21 | financed
or
intended to be funded or financed, in whole or in | ||||||
| 22 | part, by Affordable Housing
Program Trust Fund Bonds or Notes.
| ||||||
| 23 | (e) Assisted housing may include housing for special needs
| ||||||
| 24 | populations
such as the homeless, single-parent families, the | ||||||
| 25 | elderly, or persons with disabilities the
physically and | ||||||
| 26 | mentally disabled. The Trust Fund shall be used to
implement a | ||||||
| |||||||
| |||||||
| 1 | demonstration congregate housing project for any such special
| ||||||
| 2 | needs population.
| ||||||
| 3 | (f) Grants from the Trust Fund may include, but are not | ||||||
| 4 | limited
to,
rental assistance and security deposit subsidies | ||||||
| 5 | for low and very low-income
households.
| ||||||
| 6 | (g) The Trust Fund may be used to pay actual and reasonable
| ||||||
| 7 | costs for
Commission members to attend Commission meetings, and | ||||||
| 8 | any litigation costs
and expenses, including legal fees, | ||||||
| 9 | incurred by the Program Administrator
in any litigation related | ||||||
| 10 | to this Act or its action as Program
Administrator.
| ||||||
| 11 | (h) The Trust Fund may be used to make grants for (1) the
| ||||||
| 12 | provision of
technical assistance, (2) outreach, and (3) | ||||||
| 13 | building an organization's
capacity to develop affordable | ||||||
| 14 | housing projects.
| ||||||
| 15 | (i) Amounts on deposit in the Trust Fund may be used to | ||||||
| 16 | reimburse the
Program
Administrator and the Funding Agent for | ||||||
| 17 | costs incurred in the performance of
their duties under this | ||||||
| 18 | Act, excluding costs and fees of the Program
Administrator | ||||||
| 19 | associated with the Program Escrow to the extent withheld
| ||||||
| 20 | pursuant to paragraph (8) of subsection (b) of Section 5.
| ||||||
| 21 | (Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08; | ||||||
| 22 | 95-744, eff. 7-18-08.)
| ||||||
| 23 | Section 670. The Subsidized Housing Joint Occupancy Act is | ||||||
| 24 | amended by changing Sections 2, 3, and 4 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)
| ||||||
| 2 | Sec. 2. Legislative findings. The General Assembly makes | ||||||
| 3 | the following
findings:
| ||||||
| 4 | (1) Elderly persons and persons with disabilities and | ||||||
| 5 | handicapped persons frequently desire to share a
residence (i) | ||||||
| 6 | to maximize the effectiveness of the portion of their often
| ||||||
| 7 | limited incomes that is spent for housing; (ii) for protection; | ||||||
| 8 | and (iii)
for assistance in performing necessary daily tasks of | ||||||
| 9 | life such as cooking
and cleaning.
| ||||||
| 10 | (2) Many elderly persons and persons with disabilities and | ||||||
| 11 | handicapped persons desire to live in
federally subsidized | ||||||
| 12 | housing units because of their limited incomes.
| ||||||
| 13 | (3) Rules of the federal Department of Housing and Urban
| ||||||
| 14 | Development permit 2 or more unrelated elderly persons or | ||||||
| 15 | persons with disabilities or handicapped persons to
occupy the | ||||||
| 16 | same unit in federally subsidized housing, although local
| ||||||
| 17 | housing authorities frequently do not permit those persons to | ||||||
| 18 | occupy the
same unit.
| ||||||
| 19 | (4) The State of Illinois should do all it can to assist | ||||||
| 20 | its
elderly persons and persons with disabilities and | ||||||
| 21 | handicapped persons in maximizing the effectiveness of their
| ||||||
| 22 | incomes and to insure that those citizens are not unnecessarily | ||||||
| 23 | burdened in
accomplishing the daily tasks of life.
| ||||||
| 24 | (Source: P.A. 87-243.)
| ||||||
| 25 | (310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
| 2 | context clearly
requires otherwise:
| ||||||
| 3 | "Elderly person" means a person 62 years of age or older.
| ||||||
| 4 | "Person with a disability Handicapped person" means a | ||||||
| 5 | person having a physical or mental
impairment that:
| ||||||
| 6 | (1) is expected to be of long-continued and indefinite | ||||||
| 7 | duration,
| ||||||
| 8 | (2) substantially impedes the person's ability to live | ||||||
| 9 | independently, and
| ||||||
| 10 | (3) is of such a nature that this ability could be | ||||||
| 11 | improved by more
suitable housing conditions.
| ||||||
| 12 | "Subsidized housing" means any housing or unit of housing | ||||||
| 13 | financed by a
loan or mortgage held by the Illinois Housing | ||||||
| 14 | Development Authority, a
local housing authority, or the | ||||||
| 15 | federal Department of Housing and Urban
Development ("HUD") | ||||||
| 16 | under one of the following circumstances:
| ||||||
| 17 | (1) Insured or held by HUD under Section 221(d)(3) of | ||||||
| 18 | the National
Housing Act and assisted under Section 101 of | ||||||
| 19 | the Housing and Urban
Development Act of 1965 or Section 8 | ||||||
| 20 | of the United States Housing Act of 1937.
| ||||||
| 21 | (2) Insured or held by HUD and bears interest at a rate | ||||||
| 22 | determined
under the proviso of Section 221(d)(3) of the | ||||||
| 23 | National Housing Act.
| ||||||
| 24 | (3) Insured, assisted, or held by HUD under Section 202 | ||||||
| 25 | or 236 of the
National Housing Act.
| ||||||
| 26 | (4) Insured or held by HUD under Section 514 or 515 of | ||||||
| |||||||
| |||||||
| 1 | the Housing
Act of 1949.
| ||||||
| 2 | (5) Insured or held by HUD under the United States | ||||||
| 3 | Housing Act of 1937.
| ||||||
| 4 | (6) Held by HUD and formerly insured under a program | ||||||
| 5 | listed in
paragraph (1), (2), (3), (4), or (5).
| ||||||
| 6 | (Source: P.A. 87-243.)
| ||||||
| 7 | (310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)
| ||||||
| 8 | Sec. 4. Joint occupancy of subsidized housing. Two elderly
| ||||||
| 9 | persons or two persons with disabilities or handicapped persons | ||||||
| 10 | who are not related to each other by
blood or marriage shall | ||||||
| 11 | not be prohibited from jointly occupying
subsidized housing or | ||||||
| 12 | a unit of subsidized housing solely because
they are not | ||||||
| 13 | related, provided they have filed a form for such
joint | ||||||
| 14 | occupation with the clerk of the county in which the
housing | ||||||
| 15 | they seek to occupy is located and otherwise meet all
other | ||||||
| 16 | eligibility requirements. A member of the joint occupancy
may | ||||||
| 17 | withdraw from the joint occupancy at any time.
| ||||||
| 18 | (Source: P.A. 87-243.)
| ||||||
| 19 | Section 675. The Accessible Housing Demonstration Grant | ||||||
| 20 | Program Act is amended by changing Sections 10 and 20 as | ||||||
| 21 | follows:
| ||||||
| 22 | (310 ILCS 95/10)
| ||||||
| 23 | Sec. 10. Accessibility demonstration grant program. | ||||||
| |||||||
| |||||||
| 1 | Subject to
appropriation for this purpose, the Authority shall
| ||||||
| 2 | establish a demonstration grant program to encourage the | ||||||
| 3 | building of spec homes
that are accessible to persons with | ||||||
| 4 | disabilities the disabled. Through the program the Authority | ||||||
| 5 | shall
provide grants to builders who build spec homes meeting | ||||||
| 6 | the basic access
standards described in Section 15. The goal of | ||||||
| 7 | the demonstration program
shall be that at least 10% of all new | ||||||
| 8 | spec homes within a development
participating in the | ||||||
| 9 | demonstration grant program for which construction begins
6 or | ||||||
| 10 | more months after the effective date of this Act meet the | ||||||
| 11 | minimum
standards for basic access as described in Section 15.
| ||||||
| 12 | Builders who wish to participate in the demonstration grant | ||||||
| 13 | program shall
submit a grant application to the Authority in | ||||||
| 14 | accordance with rules
promulgated by the Authority. The | ||||||
| 15 | Authority shall prescribe by rule standards
and procedures for | ||||||
| 16 | the provision of demonstration grant funds in relation to
each | ||||||
| 17 | grant application.
| ||||||
| 18 | (Source: P.A. 91-451, eff. 8-6-99.)
| ||||||
| 19 | (310 ILCS 95/20)
| ||||||
| 20 | Sec. 20. Task Force on Housing Accessibility. There is | ||||||
| 21 | created a Task
Force on Housing Accessibility. The Task Force | ||||||
| 22 | shall consist of 7 members who
shall be appointed by the | ||||||
| 23 | Governor as follows:
the executive vice president of the | ||||||
| 24 | Illinois Association of Realtors or his or
her designee, the | ||||||
| 25 | executive vice president of the Home Builders Association of
| ||||||
| |||||||
| |||||||
| 1 | Illinois or his or her designee, an architect with expertise | ||||||
| 2 | and experience in
designing accessible housing for persons with | ||||||
| 3 | disabilities, a senior citizen,
a person with disabilities, a | ||||||
| 4 | representative from the Attorney General's
Office, and the | ||||||
| 5 | Director of the Authority or his or her designee. The terms of
| ||||||
| 6 | the Task Force members shall last 4 years and shall begin 60 | ||||||
| 7 | days after the
effective date of this Act, or as soon | ||||||
| 8 | thereafter as all members of the Board
have been appointed. At | ||||||
| 9 | the expiration of the term of each Task Force member,
and of | ||||||
| 10 | each succeeding Task Force member, or in the event of a | ||||||
| 11 | vacancy, the
Governor shall appoint a Task Force member to hold | ||||||
| 12 | office, in the case of a
vacancy, for the unexpired term, or in | ||||||
| 13 | the case of expiration, for a term of 4
years or until a | ||||||
| 14 | successor is appointed by the Governor. The members shall
| ||||||
| 15 | receive no compensation for their services on the Task Force | ||||||
| 16 | but shall be
reimbursed by the Authority for any ordinary and | ||||||
| 17 | necessary expenses incurred in
the performance of their duties.
| ||||||
| 18 | The Task Force shall provide recommendations to builders | ||||||
| 19 | regarding the types
of accommodations needed in new housing | ||||||
| 20 | stock for persons with disabilities disabled persons. The
| ||||||
| 21 | recommendations shall include provisions on how to build
homes | ||||||
| 22 | that will retain their resale and aesthetic value.
| ||||||
| 23 | (Source: P.A. 91-451, eff. 8-6-99.)
| ||||||
| 24 | Section 680. The Prevention of Unnecessary | ||||||
| 25 | Institutionalization Act is amended by changing Section 25 as | ||||||
| |||||||
| |||||||
| 1 | follows:
| ||||||
| 2 | (310 ILCS 100/25)
| ||||||
| 3 | Sec. 25. Eligibility. Persons age 60 or over and adults and | ||||||
| 4 | children
with disabilities shall be eligible for grants or | ||||||
| 5 | loans or both under the
Program established by this Act if they | ||||||
| 6 | have one or more verifiable impairments
that substantially | ||||||
| 7 | limits one or more of life's major activities for which some
| ||||||
| 8 | modification of their dwelling or assistive technology | ||||||
| 9 | devices, or both, are
required which they are unable to afford | ||||||
| 10 | because of limited resources.
Preference shall be given to | ||||||
| 11 | applicants who: (1) are at imminent risk of
| ||||||
| 12 | institutionalization or who are already in an institutional | ||||||
| 13 | setting but are
ready to return to the community and who would | ||||||
| 14 | be able to live in the community
if modifications are made or | ||||||
| 15 | they have the needed assistive technology devices,
(2) have | ||||||
| 16 | inadequate resources or no current access to resources as a | ||||||
| 17 | result of
the geographic location of their dwelling, the lack | ||||||
| 18 | of other available State or
federal funds such as the Community | ||||||
| 19 | Development Block Grant or rural housing
assistance programs or | ||||||
| 20 | income limitations such as the inability to qualify for
a | ||||||
| 21 | low-interest loan, or (3) have access to other resources, but | ||||||
| 22 | those resources
are insufficient to complete the necessary | ||||||
| 23 | modifications or acquire the needed
assistive technology | ||||||
| 24 | devices. Adults under 60 years of age with disabilities
and | ||||||
| 25 | children with disabilities shall receive services under the | ||||||
| |||||||
| |||||||
| 1 | component of
the Program administered by the Department of | ||||||
| 2 | Human Services. An adult 60 years
of age or older may elect to | ||||||
| 3 | receive services under the component administered
by the | ||||||
| 4 | Department of Human Services if, at the time he or she reached | ||||||
| 5 | age 60,
he or she was already receiving Home Services under | ||||||
| 6 | subsection (f) of Section 3
of the Rehabilitation of Persons | ||||||
| 7 | with Disabilities Disabled Persons Rehabilitation Act or he or | ||||||
| 8 | she was already receiving
services under the component of the | ||||||
| 9 | Program administered by the Department of
Human Services. All | ||||||
| 10 | other adults 60 years of age or older receiving services
under | ||||||
| 11 | the Program shall receive services under the component | ||||||
| 12 | administered by
the Department on Aging.
| ||||||
| 13 | (Source: P.A. 92-122, eff. 7-20-01.)
| ||||||
| 14 | Section 685. The Blighted Areas Redevelopment Act of 1947 | ||||||
| 15 | is amended by changing Section 20 as follows:
| ||||||
| 16 | (315 ILCS 5/20) (from Ch. 67 1/2, par. 82)
| ||||||
| 17 | Sec. 20.
The sale of any real property by a Land Clearance
| ||||||
| 18 | Commission where required to be made for a monetary | ||||||
| 19 | consideration,
except public sales as provided in the last | ||||||
| 20 | paragraph of Section 19,
shall be subject to the approval of | ||||||
| 21 | the Department and the governing body
of the municipality in | ||||||
| 22 | which the real
property is located.
| ||||||
| 23 | All deeds of conveyances shall be executed in the name of | ||||||
| 24 | the Land
Clearance Commission by the Chairman and Secretary of | ||||||
| |||||||
| |||||||
| 1 | the Commission and
the seal of the Commission shall be attached | ||||||
| 2 | thereto. Any deed of
conveyance by the Commission may provide | ||||||
| 3 | such restrictions as are
required by the plan for redevelopment | ||||||
| 4 | and the building and zoning
ordinances, but no deed of | ||||||
| 5 | conveyance either by the Commission or any
subsequent owner | ||||||
| 6 | shall contain a covenant running with the land or other
| ||||||
| 7 | provision prohibiting occupancy of the premises by any person | ||||||
| 8 | because of
race, creed, color, religion, physical or mental | ||||||
| 9 | disability handicap, national origin or sex.
| ||||||
| 10 | (Source: P.A. 81-1509.)
| ||||||
| 11 | Section 690. The Urban Community Conservation Act is | ||||||
| 12 | amended by changing Section 6 as follows:
| ||||||
| 13 | (315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)
| ||||||
| 14 | Sec. 6.
Real
property necessary or appropriate for the | ||||||
| 15 | conservation of urban residential
areas-Acquisition, use and | ||||||
| 16 | disposition.)
The Conservation Board of a municipality shall | ||||||
| 17 | have the power to acquire
by purchase, condemnation or | ||||||
| 18 | otherwise any improved or unimproved real
property the | ||||||
| 19 | acquisition of which is necessary or appropriate for the
| ||||||
| 20 | implementation of a conservation plan for a Conservation Area | ||||||
| 21 | as defined
herein; to remove or demolish substandard or other | ||||||
| 22 | buildings and structures
from the property so acquired; to | ||||||
| 23 | hold, improve, mortgage and manage such
properties; and to | ||||||
| 24 | sell, lease, or exchange such properties, provided that
| ||||||
| |||||||
| |||||||
| 1 | contracts for repair, improvement or rehabilitation of | ||||||
| 2 | existing
improvements as may be required by the Conservation | ||||||
| 3 | Plan to be done by the
Board involving in excess of $1,000.00 | ||||||
| 4 | shall be let by free and competitive
bidding to the lowest | ||||||
| 5 | responsible bidder upon such bond and subject to such
| ||||||
| 6 | regulations as may be set by the Board, and provided further | ||||||
| 7 | that all new
construction for occupancy and use other than by | ||||||
| 8 | any municipal corporation
or subdivision thereof shall be on | ||||||
| 9 | land privately owned. The acquisition,
use, or disposition of | ||||||
| 10 | any real property in pursuance of this section must
conform to | ||||||
| 11 | a conservation plan developed in the manner hereinafter set
| ||||||
| 12 | forth. In case of the sale or lease of any real property | ||||||
| 13 | acquired under the
provisions of this Act such buyer or lessee | ||||||
| 14 | must as a condition of sale
or lease, agree to improve and use | ||||||
| 15 | such property according to the
conservation plan, and such | ||||||
| 16 | agreement may be made a covenant running with
the land and on | ||||||
| 17 | order of the governing body such agreement shall be made a
| ||||||
| 18 | covenant running with the land. No lease or deed of conveyance | ||||||
| 19 | either by
the Board or any subsequent owner shall contain a | ||||||
| 20 | covenant running with the
land or other provision prohibiting | ||||||
| 21 | occupancy of the premises by any person
because of race, creed, | ||||||
| 22 | color, religion, physical or mental disability handicap, sex or | ||||||
| 23 | national origin.
The Conservation
Board shall by public
notice | ||||||
| 24 | by publication once each week for 2 consecutive weeks in a | ||||||
| 25 | newspaper
having general circulation in the municipality prior | ||||||
| 26 | to the execution of
any contract to sell, lease or otherwise | ||||||
| |||||||
| |||||||
| 1 | transfer real property and prior
to the delivery of any | ||||||
| 2 | instrument of conveyance with respect thereto,
invite | ||||||
| 3 | proposals from and make available all pertinent information to
| ||||||
| 4 | redevelopers or any person interested in undertaking to | ||||||
| 5 | redevelop or
rehabilitate a Conservation Area, or any part | ||||||
| 6 | thereof, provided that, in
municipalities in which no newspaper | ||||||
| 7 | is published, publication may be made
by posting a notice in 3 | ||||||
| 8 | prominent places within the municipality. Such
notice shall | ||||||
| 9 | contain a description of the Conservation Area, the details of
| ||||||
| 10 | the conservation plan relating to the property which the | ||||||
| 11 | purchaser shall
undertake in writing to carry out and such | ||||||
| 12 | undertakings as the Board may
deem necessary to obligate the | ||||||
| 13 | purchaser, his or her successors and assigns (1) to
use the | ||||||
| 14 | property for the purposes designated in the Conservation Plan, | ||||||
| 15 | (2)
to commence and complete the improvement, repair, | ||||||
| 16 | rehabilitation or
construction of the improvements within the | ||||||
| 17 | periods of time which the Board
fixes as reasonable and (3) to | ||||||
| 18 | comply with such other conditions as are
necessary to carry out | ||||||
| 19 | the purposes of the Act. The Conservation Board may
negotiate | ||||||
| 20 | with any persons for proposals for the purchase, lease or other
| ||||||
| 21 | transfer of any real property acquired pursuant to this Act and | ||||||
| 22 | shall
consider all redevelopment and rehabilitation proposals | ||||||
| 23 | submitted to it and
the financial and legal ability of the | ||||||
| 24 | persons making such proposals to
carry them out. The | ||||||
| 25 | Conservation Board, as agent for the Municipality, at a
public | ||||||
| 26 | meeting, notice of which shall have been published in a | ||||||
| |||||||
| |||||||
| 1 | newspaper of
general circulation within the municipality at | ||||||
| 2 | least 15 but not more than
30 days prior to such meeting, may | ||||||
| 3 | accept such proposals as it deems to be
in the public interest | ||||||
| 4 | and in furtherance of the purposes of this Act;
provided that, | ||||||
| 5 | all sales or leases of real property shall be made at not
less | ||||||
| 6 | than fair use value. No sale of real property acquired pursuant | ||||||
| 7 | to
this section shall be made without the approval of a | ||||||
| 8 | majority of the
governing body. The disposition of real | ||||||
| 9 | property acquired pursuant to this
section shall be exempt from | ||||||
| 10 | the requirements of Sections 11-76-1 and
11-76-2 of the | ||||||
| 11 | Illinois Municipal Code, as heretofore and hereafter
amended. | ||||||
| 12 | All deeds of conveyance of real property acquired pursuant to
| ||||||
| 13 | this section shall be executed as provided in Section 11-76-3 | ||||||
| 14 | of the
Illinois Municipal Code, as heretofore and hereafter | ||||||
| 15 | amended. No property
shall be held for more than 5 years, after | ||||||
| 16 | which period such property shall
be sold to the highest bidder | ||||||
| 17 | at public sale. The Board may employ
competent private real | ||||||
| 18 | estate management firms to manage such properties as
may be | ||||||
| 19 | acquired, or the Board may manage such properties.
| ||||||
| 20 | (Source: P.A. 80-341.)
| ||||||
| 21 | Section 695. The Urban Renewal Consolidation Act of 1961 is | ||||||
| 22 | amended by changing Section 26 as follows:
| ||||||
| 23 | (315 ILCS 30/26) (from Ch. 67 1/2, par. 91.126)
| ||||||
| 24 | Sec. 26.
The sale of any real property by a Department | ||||||
| |||||||
| |||||||
| 1 | where required to be
made for a monetary consideration except | ||||||
| 2 | public sales of real property not
sold within the 5-year period | ||||||
| 3 | as provided in Section 18, shall be subject
to the approval of | ||||||
| 4 | the governing body of the municipality in which the real
| ||||||
| 5 | property is located; provided, however, that no new or | ||||||
| 6 | additional approval
of a sale by the governing body shall be | ||||||
| 7 | required in any case where a sale
by a land clearance | ||||||
| 8 | commission has heretofore been approved by the State
Housing | ||||||
| 9 | Board and the governing body pursuant to the "Blighted Areas
| ||||||
| 10 | Redevelopment Act of 1947," approved July 2, 1947, as amended.
| ||||||
| 11 | The disposition of real property acquired pursuant to the | ||||||
| 12 | provisions of
this Act shall be exempt from the requirements of | ||||||
| 13 | Sections 11-76-1 and
11-76-2 of the "Illinois Municipal Code", | ||||||
| 14 | approved May 29, 1961, as
heretofore and hereafter amended. All | ||||||
| 15 | deeds of conveyances of real
property shall be executed as | ||||||
| 16 | provided in Section 11-76-3 of said Illinois
Municipal Code. | ||||||
| 17 | Any deed of conveyance may provide such restrictions as
are | ||||||
| 18 | required by the plan for development or conservation plan and | ||||||
| 19 | the
building and zoning ordinances, but no deed of conveyance | ||||||
| 20 | or lease either
by the municipality or any subsequent owner | ||||||
| 21 | shall contain a covenant
running with the land or other | ||||||
| 22 | provisions prohibiting occupancy of the
premises by any person | ||||||
| 23 | because of race, creed, color, religion, physical or mental | ||||||
| 24 | disability handicap,
national origin or sex.
| ||||||
| 25 | (Source: P.A. 80-342.)
| ||||||
| |||||||
| |||||||
| 1 | Section 700. The Respite Program Act is amended by changing | ||||||
| 2 | the title of the Act and Sections 1.5, 2, 3, 5, and 11 as | ||||||
| 3 | follows:
| ||||||
| 4 | (320 ILCS 10/Act title)
| ||||||
| 5 | An Act to create the Respite Program which gives families
| ||||||
| 6 | relief from their responsibilities of caring for frail adults | ||||||
| 7 | and adults with disabilities and disabled adults.
| ||||||
| 8 | (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
| ||||||
| 9 | Sec. 1.5. Purpose. It is hereby found and determined by | ||||||
| 10 | the General
Assembly that respite care provides relief and | ||||||
| 11 | support to the primary
care-giver of a frail adult or an adult | ||||||
| 12 | with a disability or disabled adult and provides a break for | ||||||
| 13 | the
caregiver from the continuous
responsibilities of | ||||||
| 14 | care-giving. Without this support, the primary
care-giver's | ||||||
| 15 | ability to continue in his or her role would be jeopardized;
| ||||||
| 16 | thereby increasing the risk of institutionalization of the | ||||||
| 17 | frail
adult or adult with a disability or
disabled adult.
| ||||||
| 18 | By providing respite care
through intermittent planned or | ||||||
| 19 | emergency relief to the care-giver
during the regular week-day, | ||||||
| 20 | evening, and weekend hours, both the special
physical and | ||||||
| 21 | psychological needs of the primary care-giver and the frail | ||||||
| 22 | adult or adult with a disability or disabled adult,
who
is the | ||||||
| 23 | recipient of continuous care, shall be met reducing or | ||||||
| 24 | preventing
the need for institutionalization.
| ||||||
| |||||||
| |||||||
| 1 | Furthermore, the primary care-giver providing continuous | ||||||
| 2 | care is
frequently under substantial financial stress. Respite | ||||||
| 3 | care and other
supportive services sustain and preserve the | ||||||
| 4 | primary care-giver and family
caregiving unit. It is the intent | ||||||
| 5 | of the General Assembly that this
Act ensure that Illinois | ||||||
| 6 | primary care-givers of
frail adults or adults with disabilities | ||||||
| 7 | or disabled
adults have access to affordable, appropriate | ||||||
| 8 | in-home respite care services.
| ||||||
| 9 | (Source: P.A. 93-864, eff. 8-5-04.)
| ||||||
| 10 | (320 ILCS 10/2) (from Ch. 23, par. 6202)
| ||||||
| 11 | Sec. 2. Definitions. As used in this Act:
| ||||||
| 12 | (1) "Respite care" means the provision of intermittent and | ||||||
| 13 | temporary
substitute care or supervision of frail adults or | ||||||
| 14 | adults with disabilities or
disabled
adults on behalf of and in | ||||||
| 15 | the absence
of the primary care-giver, for the purpose of | ||||||
| 16 | providing relief from the stress
or responsibilities | ||||||
| 17 | concomitant with providing constant care, so as to enable
the | ||||||
| 18 | care-giver to continue the provision of care in the home. | ||||||
| 19 | Respite care
should be available to sustain the
care-giver | ||||||
| 20 | throughout the period
of care-giving, which can vary from | ||||||
| 21 | several months to a number of years.
Respite care can be | ||||||
| 22 | provided in the home, in a day care
setting during the day, | ||||||
| 23 | overnight,
in a substitute residential setting such as a | ||||||
| 24 | long-term care facility
required to be licensed under the | ||||||
| 25 | Nursing Home Care Act or the Assisted Living
and Shared Housing | ||||||
| |||||||
| |||||||
| 1 | Act,
or for more extended periods of time on a
temporary basis.
| ||||||
| 2 | (1.5) "In-home respite care" means care provided by an
| ||||||
| 3 | appropriately trained paid worker providing short-term | ||||||
| 4 | intermittent care,
supervision, or companionship to the frail | ||||||
| 5 | adult or adult with a disability or
disabled adult in the home | ||||||
| 6 | while relieving
the care-giver, by permitting a short-term | ||||||
| 7 | break from the care-giver's
care-giving
role. This support may | ||||||
| 8 | contribute to the delay, reduction, and prevention of
| ||||||
| 9 | institutionalization by enabling the care-giver to continue in | ||||||
| 10 | his or her
care-giving role. In-home respite care should be | ||||||
| 11 | flexible and available in a
manner that is responsive to the | ||||||
| 12 | needs of the care-giver. This
may consist of evening respite | ||||||
| 13 | care services that are available from
6:00 p.m. to 8:00 a.m. | ||||||
| 14 | Monday through Friday and weekend respite care
services from | ||||||
| 15 | 6:00 p.m. Friday to 8:00 a.m. Monday.
| ||||||
| 16 | (2) "Care-giver" shall mean the family member or other | ||||||
| 17 | natural person
who normally provides the daily care or | ||||||
| 18 | supervision of a frail adult or an adult with a disability or
| ||||||
| 19 | disabled adult. Such care-giver may, but need not, reside in | ||||||
| 20 | the
same household as the frail adult or adult with a | ||||||
| 21 | disability or disabled adult.
| ||||||
| 22 | (3) (Blank).
| ||||||
| 23 | (4) (Blank).
| ||||||
| 24 | (5) (Blank).
| ||||||
| 25 | (6) "Department" shall mean the Department on Aging.
| ||||||
| 26 | (7) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (8) "Frail adult or adult with a disability or disabled | ||||||
| 2 | adult" shall mean any person who is 60 years of age or older | ||||||
| 3 | and who either (i) suffers from Alzheimer's disease
or a | ||||||
| 4 | related disorder or (ii)
is unable to attend to his or her | ||||||
| 5 | daily needs
without the assistance or regular supervision of a | ||||||
| 6 | care-giver due to mental
or physical impairment and who is | ||||||
| 7 | otherwise eligible for services on the
basis of his or her | ||||||
| 8 | level of impairment.
| ||||||
| 9 | (9) "Emergency respite care" means the immediate placement | ||||||
| 10 | of a
trained, in-home respite care worker in the home during an | ||||||
| 11 | emergency or
unplanned event, or during a temporary placement | ||||||
| 12 | outside the home, to
substitute for the care-giver. Emergency | ||||||
| 13 | respite
care may be provided on one or more occasions unless an
| ||||||
| 14 | extension is deemed necessary by the case coordination unit or | ||||||
| 15 | by another agency designated by the Department and area | ||||||
| 16 | agencies on aging to conduct needs assessments for respite care | ||||||
| 17 | services. When there
is an urgent need for emergency respite | ||||||
| 18 | care, procedures to accommodate
this need must be determined. | ||||||
| 19 | An emergency is:
| ||||||
| 20 | (a) An unplanned event that results in the immediate | ||||||
| 21 | and unavoidable
absence of the care-giver from the home in | ||||||
| 22 | an excess of 4 hours at
a
time when no other qualified | ||||||
| 23 | care-giver is available.
| ||||||
| 24 | (b) An unplanned situation that prevents the
| ||||||
| 25 | care-giver from
providing the care required by a frail | ||||||
| 26 | adult or an adult with a disability or disabled
adult | ||||||
| |||||||
| |||||||
| 1 | living at home.
| ||||||
| 2 | (c) An unplanned event that threatens the health and | ||||||
| 3 | safety of the
frail adult or adult with a disability or | ||||||
| 4 | disabled adult.
| ||||||
| 5 | (d) An unplanned event that threatens the health and | ||||||
| 6 | safety of the
care-giver thereby placing the frail adult or | ||||||
| 7 | adult with a disability or
disabled adult in danger.
| ||||||
| 8 | (10) (Blank).
| ||||||
| 9 | (Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)
| ||||||
| 10 | (320 ILCS 10/3) (from Ch. 23, par. 6203)
| ||||||
| 11 | Sec. 3. Respite Program. The Director is hereby authorized | ||||||
| 12 | to administer
a program of assistance to persons
in need and to | ||||||
| 13 | deter the institutionalization of frail adults or adults with | ||||||
| 14 | disabilities or disabled adults.
| ||||||
| 15 | (Source: P.A. 93-864, eff. 8-5-04.)
| ||||||
| 16 | (320 ILCS 10/5) (from Ch. 23, par. 6205)
| ||||||
| 17 | Sec. 5. Eligibility. The Department may establish | ||||||
| 18 | eligibility standards for
respite services taking into | ||||||
| 19 | consideration the unique economic and social needs
of the | ||||||
| 20 | population for whom they are to be provided. The population | ||||||
| 21 | identified
for the purposes of this Act includes persons | ||||||
| 22 | suffering from Alzheimer's
disease or a related disorder and | ||||||
| 23 | persons who are 60 years
of age or older with
an identified | ||||||
| 24 | service need. Priority shall be given in all cases to frail | ||||||
| |||||||
| |||||||
| 1 | adults or adults with disabilities or disabled adults.
| ||||||
| 2 | (Source: P.A. 93-864, eff. 8-5-04.)
| ||||||
| 3 | (320 ILCS 10/11) (from Ch. 23, par. 6211)
| ||||||
| 4 | Sec. 11. Respite Care Worker Training.
| ||||||
| 5 | (a) A respite care worker shall be an appropriately trained
| ||||||
| 6 | individual whose duty it is to provide in-home supervision and | ||||||
| 7 | assistance to a
frail adult or an adult with a disability or | ||||||
| 8 | disabled
adult in order to allow the
care-giver a break from | ||||||
| 9 | his or her
continuous care-giving responsibilities.
| ||||||
| 10 | (b) The Director may prescribe minimum training guidelines
| ||||||
| 11 | for respite
care workers to ensure that the special needs of | ||||||
| 12 | persons receiving services
under this Act and their caregivers | ||||||
| 13 | will be met. The Director may
designate Alzheimer's disease | ||||||
| 14 | associations and community agencies to
conduct such training. | ||||||
| 15 | Nothing in this Act should be construed to exempt
any | ||||||
| 16 | individual providing a service subject to licensure or | ||||||
| 17 | certification
under State law from these requirements.
| ||||||
| 18 | (Source: P.A. 93-864, eff. 8-5-04.)
| ||||||
| 19 | Section 705. The Adult Protective Services Act is amended | ||||||
| 20 | by changing Sections 3.5, 8, 9.5, and 15.5 as follows:
| ||||||
| 21 | (320 ILCS 20/3.5) | ||||||
| 22 | Sec. 3.5. Other responsibilities. The Department shall | ||||||
| 23 | also be
responsible for the following activities, contingent | ||||||
| |||||||
| |||||||
| 1 | upon adequate funding; implementation shall be expanded to | ||||||
| 2 | adults with disabilities upon the effective date of this | ||||||
| 3 | amendatory Act of the 98th General Assembly, except those | ||||||
| 4 | responsibilities under subsection (a), which shall be | ||||||
| 5 | undertaken as soon as practicable: | ||||||
| 6 | (a) promotion of a wide range of endeavors for the | ||||||
| 7 | purpose of preventing
abuse, neglect, financial | ||||||
| 8 | exploitation, and self-neglect, including, but not limited | ||||||
| 9 | to, promotion of public
and professional education to | ||||||
| 10 | increase awareness of abuse, neglect,
financial | ||||||
| 11 | exploitation, and self-neglect; to increase reports; to | ||||||
| 12 | establish access to and use of the Registry established | ||||||
| 13 | under Section 7.5; and to improve response by
various | ||||||
| 14 | legal, financial, social, and health systems; | ||||||
| 15 | (b) coordination of efforts with other agencies, | ||||||
| 16 | councils, and like
entities, to include but not be limited | ||||||
| 17 | to, the Administrative Office of the Illinois Courts, the | ||||||
| 18 | Office of the Attorney General,
the State Police, the | ||||||
| 19 | Illinois Law Enforcement Training Standards
Board, the | ||||||
| 20 | State Triad, the Illinois Criminal Justice Information
| ||||||
| 21 | Authority, the
Departments of Public Health, Healthcare | ||||||
| 22 | and Family Services, and Human Services, the Illinois | ||||||
| 23 | Guardianship and Advocacy Commission, the Family
Violence | ||||||
| 24 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 25 | Authority,
and other
entities which may impact awareness | ||||||
| 26 | of, and response to, abuse, neglect,
financial | ||||||
| |||||||
| |||||||
| 1 | exploitation, and self-neglect; | ||||||
| 2 | (c) collection and analysis of data; | ||||||
| 3 | (d) monitoring of the performance of regional | ||||||
| 4 | administrative agencies and adult protective services
| ||||||
| 5 | agencies; | ||||||
| 6 | (e) promotion of prevention activities; | ||||||
| 7 | (f) establishing and coordinating an aggressive | ||||||
| 8 | training program on the unique
nature of adult abuse cases | ||||||
| 9 | with other agencies, councils, and like entities,
to | ||||||
| 10 | include but not be limited to the Office of the Attorney | ||||||
| 11 | General, the
State Police, the Illinois Law Enforcement | ||||||
| 12 | Training Standards Board, the
State Triad, the Illinois | ||||||
| 13 | Criminal Justice Information Authority, the State
| ||||||
| 14 | Departments of Public Health, Healthcare and Family | ||||||
| 15 | Services, and Human Services, the Family
Violence | ||||||
| 16 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 17 | Authority,
the agency designated by the Governor under | ||||||
| 18 | Section 1 of the Protection and Advocacy for Persons with | ||||||
| 19 | Developmental Disabilities Developmentally Disabled | ||||||
| 20 | Persons Act, and other entities that may impact awareness | ||||||
| 21 | of and response to
abuse, neglect, financial exploitation, | ||||||
| 22 | and self-neglect; | ||||||
| 23 | (g) solicitation of financial institutions for the | ||||||
| 24 | purpose of making
information available to the general | ||||||
| 25 | public warning of financial exploitation
of adults and | ||||||
| 26 | related financial fraud or abuse, including such
| ||||||
| |||||||
| |||||||
| 1 | information and warnings available through signage or | ||||||
| 2 | other written
materials provided by the Department on the | ||||||
| 3 | premises of such financial
institutions, provided that the | ||||||
| 4 | manner of displaying or distributing such
information is | ||||||
| 5 | subject to the sole discretion of each financial | ||||||
| 6 | institution;
| ||||||
| 7 | (g-1) developing by joint rulemaking with the | ||||||
| 8 | Department of Financial and Professional Regulation | ||||||
| 9 | minimum training standards which shall be used by financial | ||||||
| 10 | institutions for their current and new employees with | ||||||
| 11 | direct customer contact; the Department of Financial and | ||||||
| 12 | Professional Regulation shall retain sole visitation and | ||||||
| 13 | enforcement authority under this subsection (g-1); the | ||||||
| 14 | Department of Financial and Professional Regulation shall | ||||||
| 15 | provide bi-annual reports to the Department setting forth | ||||||
| 16 | aggregate statistics on the training programs required | ||||||
| 17 | under this subsection (g-1); and | ||||||
| 18 | (h) coordinating efforts with utility and electric | ||||||
| 19 | companies to send
notices in utility bills to
explain to | ||||||
| 20 | persons 60 years of age or older
their rights regarding | ||||||
| 21 | telemarketing and home repair fraud. | ||||||
| 22 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
| ||||||
| 23 | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| ||||||
| 24 | Sec. 8. Access to records. All records concerning reports | ||||||
| 25 | of abuse,
neglect, financial exploitation, or self-neglect and | ||||||
| |||||||
| |||||||
| 1 | all records generated as a result of
such reports shall be | ||||||
| 2 | confidential and shall not be disclosed except as
specifically | ||||||
| 3 | authorized by this Act or other applicable law. In accord with | ||||||
| 4 | established law and Department protocols, procedures, and | ||||||
| 5 | policies, access to such
records, but not access to the | ||||||
| 6 | identity of the person or persons making a
report of alleged | ||||||
| 7 | abuse, neglect,
financial exploitation, or self-neglect as | ||||||
| 8 | contained in
such records, shall be provided, upon request, to | ||||||
| 9 | the following persons and for the following
persons:
| ||||||
| 10 | (1) Department staff, provider agency staff, other | ||||||
| 11 | aging network staff, and
regional administrative agency | ||||||
| 12 | staff, including staff of the Chicago Department on Aging | ||||||
| 13 | while that agency is designated as a regional | ||||||
| 14 | administrative agency, in the furtherance of their
| ||||||
| 15 | responsibilities under this Act;
| ||||||
| 16 | (2) A law enforcement agency investigating known or | ||||||
| 17 | suspected
abuse, neglect, financial exploitation, or | ||||||
| 18 | self-neglect. Where a provider
agency has reason to believe | ||||||
| 19 | that the
death of an eligible adult may be the result of | ||||||
| 20 | abuse or neglect, including any reports made after death, | ||||||
| 21 | the agency
shall immediately provide the appropriate law | ||||||
| 22 | enforcement agency with all
records pertaining to the | ||||||
| 23 | eligible adult;
| ||||||
| 24 | (2.5) A law enforcement agency, fire department | ||||||
| 25 | agency, or fire protection district having proper | ||||||
| 26 | jurisdiction pursuant to a written agreement between a | ||||||
| |||||||
| |||||||
| 1 | provider agency and the law enforcement agency, fire | ||||||
| 2 | department agency, or fire protection district under which | ||||||
| 3 | the provider agency may furnish to the law enforcement | ||||||
| 4 | agency, fire department agency, or fire protection | ||||||
| 5 | district a list of all eligible adults who may be at | ||||||
| 6 | imminent risk of abuse, neglect, financial exploitation, | ||||||
| 7 | or self-neglect; | ||||||
| 8 | (3) A physician who has before him or her or who is | ||||||
| 9 | involved
in the treatment of an eligible adult whom he or | ||||||
| 10 | she reasonably suspects
may be abused, neglected, | ||||||
| 11 | financially exploited, or self-neglected or who has been
| ||||||
| 12 | referred to the Adult Protective Services Program;
| ||||||
| 13 | (4) An eligible adult reported to be abused,
neglected,
| ||||||
| 14 | financially exploited, or self-neglected, or such adult's | ||||||
| 15 | authorized guardian or agent, unless such
guardian or agent | ||||||
| 16 | is the abuser or the alleged abuser; | ||||||
| 17 | (4.5) An executor or administrator of the estate of an | ||||||
| 18 | eligible adult who is deceased;
| ||||||
| 19 | (5) In cases regarding abuse, neglect, or financial | ||||||
| 20 | exploitation, a court or a guardian ad litem, upon its or | ||||||
| 21 | his or
her finding that access to such records may be
| ||||||
| 22 | necessary for the determination of an issue before the | ||||||
| 23 | court.
However,
such access shall be limited to an in | ||||||
| 24 | camera inspection of the records,
unless the court | ||||||
| 25 | determines that disclosure of the information contained
| ||||||
| 26 | therein is necessary for the resolution of an issue then | ||||||
| |||||||
| |||||||
| 1 | pending before it;
| ||||||
| 2 | (5.5) In cases regarding self-neglect, a guardian ad | ||||||
| 3 | litem;
| ||||||
| 4 | (6) A grand jury, upon its determination that access to | ||||||
| 5 | such
records is necessary in the conduct of its official | ||||||
| 6 | business;
| ||||||
| 7 | (7) Any person authorized by the Director, in writing, | ||||||
| 8 | for
audit or bona fide research purposes;
| ||||||
| 9 | (8) A coroner or medical examiner who has reason to | ||||||
| 10 | believe
that an eligible adult has died as the result of | ||||||
| 11 | abuse, neglect,
financial exploitation, or self-neglect. | ||||||
| 12 | The provider agency shall immediately provide the
coroner
| ||||||
| 13 | or medical examiner with all records pertaining to the | ||||||
| 14 | eligible adult;
| ||||||
| 15 | (8.5) A coroner or medical examiner having proper | ||||||
| 16 | jurisdiction, pursuant to a written agreement between a | ||||||
| 17 | provider agency and the coroner or medical examiner, under | ||||||
| 18 | which the provider agency may furnish to the office of the | ||||||
| 19 | coroner or medical examiner a list of all eligible adults | ||||||
| 20 | who may be at imminent risk of death as a result of abuse, | ||||||
| 21 | neglect, financial exploitation, or self-neglect; | ||||||
| 22 | (9) Department of Financial and Professional | ||||||
| 23 | Regulation staff
and members of the Illinois Medical | ||||||
| 24 | Disciplinary Board or the Social Work Examining and | ||||||
| 25 | Disciplinary Board in the course
of investigating alleged | ||||||
| 26 | violations of the Clinical Social Work and Social Work
| ||||||
| |||||||
| |||||||
| 1 | Practice Act by provider agency staff or other licensing | ||||||
| 2 | bodies at the discretion of the Director of the Department | ||||||
| 3 | on Aging; | ||||||
| 4 | (9-a) Department of Healthcare and Family Services | ||||||
| 5 | staff when that Department is funding services to the | ||||||
| 6 | eligible adult, including access to the identity of the | ||||||
| 7 | eligible adult; | ||||||
| 8 | (9-b) Department of Human Services staff when that | ||||||
| 9 | Department is funding services to the eligible adult or is | ||||||
| 10 | providing reimbursement for services provided by the | ||||||
| 11 | abuser or alleged abuser, including access to the identity | ||||||
| 12 | of the eligible adult; | ||||||
| 13 | (10) Hearing officers in the course of conducting an | ||||||
| 14 | administrative hearing under this Act; parties to such | ||||||
| 15 | hearing shall be entitled to discovery as established by | ||||||
| 16 | rule;
| ||||||
| 17 | (11) A caregiver who challenges placement on the | ||||||
| 18 | Registry shall be given the statement of allegations in the | ||||||
| 19 | abuse report and the substantiation decision in the final | ||||||
| 20 | investigative report; and | ||||||
| 21 | (12) The Illinois Guardianship and Advocacy Commission | ||||||
| 22 | and the agency designated by the Governor under Section 1 | ||||||
| 23 | of the Protection and Advocacy for Persons with | ||||||
| 24 | Developmental Disabilities Developmentally Disabled | ||||||
| 25 | Persons Act shall have access, through the Department, to | ||||||
| 26 | records, including the findings, pertaining to a completed | ||||||
| |||||||
| |||||||
| 1 | or closed investigation of a report of suspected abuse, | ||||||
| 2 | neglect, financial exploitation, or self-neglect of an | ||||||
| 3 | eligible adult. | ||||||
| 4 | (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039, | ||||||
| 5 | eff. 8-25-14.)
| ||||||
| 6 | (320 ILCS 20/9.5)
| ||||||
| 7 | Sec. 9.5.
Commencement of action for ex parte
authorization | ||||||
| 8 | orders; filing fees; process.
| ||||||
| 9 | (a) Actions for ex parte authorization orders are
| ||||||
| 10 | commenced:
| ||||||
| 11 | (1) independently, by filing a petition for an ex
parte | ||||||
| 12 | authorization order in the circuit court;
| ||||||
| 13 | (2) in conjunction with other civil proceedings, by
| ||||||
| 14 | filing a petition for an ex parte authorization order
under | ||||||
| 15 | the same case number as a guardianship proceeding
under the | ||||||
| 16 | Probate Act of 1975 where the eligible adult
is the alleged | ||||||
| 17 | adult with a disability disabled adult.
| ||||||
| 18 | (b) No fee shall be charged by the clerk for filing
| ||||||
| 19 | petitions or certifying orders. No fee shall be charged by
a | ||||||
| 20 | sheriff for service by the sheriff of a petition, rule,
motion, | ||||||
| 21 | or order in an action commenced under this Section.
| ||||||
| 22 | (c) Any action for an ex parte authorization order
| ||||||
| 23 | commenced independently is a distinct cause of action and
| ||||||
| 24 | requires that a separate summons be issued and served.
Service | ||||||
| 25 | of summons is not required prior to entry of
emergency ex parte | ||||||
| |||||||
| |||||||
| 1 | authorization orders.
| ||||||
| 2 | (d) Summons may be served by a private person over 18
years | ||||||
| 3 | of age and not a party to the action. The return by
that | ||||||
| 4 | private person shall be by affidavit. The summons may
be served | ||||||
| 5 | by a sheriff or other law enforcement officer,
and if summons | ||||||
| 6 | is placed for service by the sheriff, it
shall be made at the | ||||||
| 7 | earliest time practicable and shall
take precedence over other | ||||||
| 8 | summonses except those of a
similar emergency nature.
| ||||||
| 9 | (Source: P.A. 91-731, eff. 6-2-00.)
| ||||||
| 10 | (320 ILCS 20/15.5) | ||||||
| 11 | Sec. 15.5. Independent monitor. Subject to appropriation, | ||||||
| 12 | to ensure the effectiveness and accountability of the adult | ||||||
| 13 | protective services system, the agency designated by the | ||||||
| 14 | Governor under Section 1 of the Protection and Advocacy for | ||||||
| 15 | Persons with Developmental Disabilities Developmentally | ||||||
| 16 | Disabled Persons Act shall monitor the system and provide to | ||||||
| 17 | the Department review and evaluation of the system in | ||||||
| 18 | accordance with administrative rules promulgated by the | ||||||
| 19 | Department.
| ||||||
| 20 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 21 | Section 710. The Senior Citizens and Disabled Persons | ||||||
| 22 | Property Tax Relief Act is amended by changing the title of the | ||||||
| 23 | Act and Sections 1, 2, 3.14, 4, and 9 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (320 ILCS 25/Act title)
| ||||||
| 2 | An Act in relation to the payment of grants to enable the | ||||||
| 3 | elderly and
persons with disabilities the disabled to acquire | ||||||
| 4 | or retain private housing.
| ||||||
| 5 | (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
| ||||||
| 6 | Sec. 1. Short title; common name. This Article shall be | ||||||
| 7 | known and may be cited as the Senior Citizens and
Persons with | ||||||
| 8 | Disabilities Disabled Persons Property Tax Relief
Act. Common | ||||||
| 9 | references to the "Circuit Breaker Act" mean this Article. As | ||||||
| 10 | used in this Article, "this Act" means this Article.
| ||||||
| 11 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
| 12 | (320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
| ||||||
| 13 | Sec. 2. Purpose. The purpose of this Act is to provide | ||||||
| 14 | incentives to the senior citizens
and persons with disabilities | ||||||
| 15 | in disabled persons of this State to acquire and retain private | ||||||
| 16 | housing of
their choice and at the same time to relieve those | ||||||
| 17 | citizens from the
burdens of extraordinary property taxes | ||||||
| 18 | against their increasingly
restricted earning power, and | ||||||
| 19 | thereby to reduce the requirements for public
housing in this | ||||||
| 20 | State.
| ||||||
| 21 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
| 22 | (320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
| ||||||
| 23 | Sec. 3.14.
"Person with a disability Disabled person" means | ||||||
| |||||||
| |||||||
| 1 | a person unable to engage in any substantial
gainful activity | ||||||
| 2 | by reason of a medically determinable physical or mental
| ||||||
| 3 | impairment which can be expected to result in death or has | ||||||
| 4 | lasted or can be
expected to last for a continuous period of | ||||||
| 5 | not less than 12 months.
Persons with disabilities Disabled | ||||||
| 6 | persons filing claims under this Act shall submit proof of
the | ||||||
| 7 | disability in such form and manner as the Department shall by | ||||||
| 8 | rule and
regulation prescribe. Proof that a claimant is | ||||||
| 9 | eligible to receive
disability benefits under the Federal | ||||||
| 10 | Social Security Act shall constitute
proof of the disability | ||||||
| 11 | for purposes of this Act. Issuance of an Illinois
Person with a | ||||||
| 12 | Disability Identification Card stating that the claimant is | ||||||
| 13 | under a
Class 2 disability, as defined in Section 4A of the | ||||||
| 14 | Illinois Identification
Card Act, shall constitute proof that | ||||||
| 15 | the person named thereon is a
person with a disability disabled | ||||||
| 16 | person for purposes of this Act. A person with a disability | ||||||
| 17 | disabled person not covered
under the Federal Social Security | ||||||
| 18 | Act
and not presenting a Disabled Person Identification Card | ||||||
| 19 | stating that
the claimant is under a Class 2 disability
shall | ||||||
| 20 | be examined by a physician
designated by the Department, and | ||||||
| 21 | his status as a person with a disability disabled person
| ||||||
| 22 | determined using the same standards as used by the Social | ||||||
| 23 | Security
Administration. The costs of any required examination | ||||||
| 24 | shall be borne by the
claimant.
| ||||||
| 25 | (Source: P.A. 97-1064, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
| ||||||
| 2 | Sec. 4. Amount of Grant.
| ||||||
| 3 | (a) In general. Any individual 65 years or older or any | ||||||
| 4 | individual who will
become 65 years old during the calendar | ||||||
| 5 | year in which a claim is filed, and any
surviving spouse of | ||||||
| 6 | such a claimant, who at the time of death received or was
| ||||||
| 7 | entitled to receive a grant pursuant to this Section, which | ||||||
| 8 | surviving spouse
will become 65 years of age within the 24 | ||||||
| 9 | months immediately following the
death of such claimant and | ||||||
| 10 | which surviving spouse but for his or her age is
otherwise | ||||||
| 11 | qualified to receive a grant pursuant to this Section, and any
| ||||||
| 12 | person with a disability disabled person whose annual household | ||||||
| 13 | income is less than the income eligibility limitation, as | ||||||
| 14 | defined in subsection (a-5)
and whose household is liable for | ||||||
| 15 | payment of property taxes accrued or has
paid rent constituting | ||||||
| 16 | property taxes accrued and is domiciled in this State
at the | ||||||
| 17 | time he or she files his or her claim is entitled to claim a
| ||||||
| 18 | grant under this Act.
With respect to claims filed by | ||||||
| 19 | individuals who will become 65 years old
during the calendar | ||||||
| 20 | year in which a claim is filed, the amount of any grant
to | ||||||
| 21 | which that household is entitled shall be an amount equal to | ||||||
| 22 | 1/12 of the
amount to which the claimant would otherwise be | ||||||
| 23 | entitled as provided in
this Section, multiplied by the number | ||||||
| 24 | of months in which the claimant was
65 in the calendar year in | ||||||
| 25 | which the claim is filed.
| ||||||
| 26 | (a-5) Income eligibility limitation. For purposes of this | ||||||
| |||||||
| |||||||
| 1 | Section, "income eligibility limitation" means an amount for | ||||||
| 2 | grant years 2008 and thereafter: | ||||||
| 3 | (1) less than $22,218 for a household containing one | ||||||
| 4 | person; | ||||||
| 5 | (2) less than $29,480 for a household containing 2 | ||||||
| 6 | persons; or | ||||||
| 7 | (3) less than $36,740 for a
household containing 3 or | ||||||
| 8 | more persons. | ||||||
| 9 | For 2009 claim year applications submitted during calendar | ||||||
| 10 | year 2010, a household must have annual household income of | ||||||
| 11 | less than $27,610 for a household containing one person; less | ||||||
| 12 | than $36,635 for a household containing 2 persons; or less than | ||||||
| 13 | $45,657 for a household containing 3 or more persons. | ||||||
| 14 | The Department on Aging may adopt rules such that on | ||||||
| 15 | January 1, 2011, and thereafter, the foregoing household income | ||||||
| 16 | eligibility limits may be changed to reflect the annual cost of | ||||||
| 17 | living adjustment in Social Security and Supplemental Security | ||||||
| 18 | Income benefits that are applicable to the year for which those | ||||||
| 19 | benefits are being reported as income on an application. | ||||||
| 20 | If a person files as a surviving spouse, then only his or | ||||||
| 21 | her income shall be counted in determining his or her household | ||||||
| 22 | income. | ||||||
| 23 | (b) Limitation. Except as otherwise provided in | ||||||
| 24 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
| 25 | grant which a claimant is
entitled to claim is the amount by | ||||||
| 26 | which the property taxes accrued which
were paid or payable | ||||||
| |||||||
| |||||||
| 1 | during the last preceding tax year or rent
constituting | ||||||
| 2 | property taxes accrued upon the claimant's residence for the
| ||||||
| 3 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
| 4 | household
income for that year but in no event is the grant to | ||||||
| 5 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
| 6 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
| 7 | household income for that year is more than
$14,000.
| ||||||
| 8 | (c) Public aid recipients. If household income in one or | ||||||
| 9 | more
months during a year includes cash assistance in excess of | ||||||
| 10 | $55 per month
from the Department of Healthcare and Family | ||||||
| 11 | Services or the Department of Human Services (acting
as | ||||||
| 12 | successor to the Department of Public Aid under the Department | ||||||
| 13 | of Human
Services Act) which was determined under regulations | ||||||
| 14 | of
that Department on a measure of need that included an | ||||||
| 15 | allowance for actual
rent or property taxes paid by the | ||||||
| 16 | recipient of that assistance, the amount
of grant to which that | ||||||
| 17 | household is entitled, except as otherwise provided in
| ||||||
| 18 | subsection (a), shall be the product of (1) the maximum amount | ||||||
| 19 | computed as
specified in subsection (b) of this Section and (2) | ||||||
| 20 | the ratio of the number of
months in which household income did | ||||||
| 21 | not include such cash assistance over $55
to the number twelve. | ||||||
| 22 | If household income did not include such cash assistance
over | ||||||
| 23 | $55 for any months during the year, the amount of the grant to | ||||||
| 24 | which the
household is entitled shall be the maximum amount | ||||||
| 25 | computed as specified in
subsection (b) of this Section. For | ||||||
| 26 | purposes of this paragraph (c), "cash
assistance" does not | ||||||
| |||||||
| |||||||
| 1 | include any amount received under the federal Supplemental
| ||||||
| 2 | Security Income (SSI) program.
| ||||||
| 3 | (d) Joint ownership. If title to the residence is held | ||||||
| 4 | jointly by
the claimant with a person who is not a member of | ||||||
| 5 | his or her household,
the amount of property taxes accrued used | ||||||
| 6 | in computing the amount of grant
to which he or she is entitled | ||||||
| 7 | shall be the same percentage of property
taxes accrued as is | ||||||
| 8 | the percentage of ownership held by the claimant in the
| ||||||
| 9 | residence.
| ||||||
| 10 | (e) More than one residence. If a claimant has occupied | ||||||
| 11 | more than
one residence in the taxable year, he or she may | ||||||
| 12 | claim only one residence
for any part of a month. In the case | ||||||
| 13 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
| 14 | total property taxes accrued on
his or her residence to each | ||||||
| 15 | month that he or she owned and occupied
that residence; and, in | ||||||
| 16 | the case of rent constituting property taxes accrued,
shall | ||||||
| 17 | prorate each month's rent payments to the residence
actually | ||||||
| 18 | occupied during that month.
| ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (g) Effective January 1, 2006, there is hereby established | ||||||
| 21 | a program of pharmaceutical assistance to the aged and to | ||||||
| 22 | persons with disabilities disabled, entitled the Illinois | ||||||
| 23 | Seniors and Disabled Drug Coverage Program, which shall be | ||||||
| 24 | administered by the Department of Healthcare and Family | ||||||
| 25 | Services and the Department on Aging in accordance with this | ||||||
| 26 | subsection, to consist of coverage of specified prescription | ||||||
| |||||||
| |||||||
| 1 | drugs on behalf of beneficiaries of the program as set forth in | ||||||
| 2 | this subsection. Notwithstanding any provisions of this Act to | ||||||
| 3 | the contrary, on and after July 1, 2012, pharmaceutical | ||||||
| 4 | assistance under this Act shall no longer be provided, and on | ||||||
| 5 | July 1, 2012 the Illinois Senior Citizens and Disabled Persons | ||||||
| 6 | Pharmaceutical Assistance Program shall terminate. The | ||||||
| 7 | following provisions that concern the Illinois Senior Citizens | ||||||
| 8 | and Disabled Persons Pharmaceutical Assistance Program shall | ||||||
| 9 | continue to apply on and after July 1, 2012 to the extent | ||||||
| 10 | necessary to pursue any actions authorized by subsection (d) of | ||||||
| 11 | Section 9 of this Act with respect to acts which took place | ||||||
| 12 | prior to July 1, 2012. | ||||||
| 13 | To become a beneficiary under the program established under | ||||||
| 14 | this subsection, a person must: | ||||||
| 15 | (1) be (i) 65 years of age or older or (ii) a person | ||||||
| 16 | with a disability disabled; and | ||||||
| 17 | (2) be domiciled in this State; and | ||||||
| 18 | (3) enroll with a qualified Medicare Part D | ||||||
| 19 | Prescription Drug Plan if eligible and apply for all | ||||||
| 20 | available subsidies under Medicare Part D; and | ||||||
| 21 | (4) for the 2006 and 2007 claim years, have a maximum | ||||||
| 22 | household income of (i) less than $21,218 for a household | ||||||
| 23 | containing one person, (ii) less than $28,480 for a | ||||||
| 24 | household containing 2 persons, or (iii) less than $35,740 | ||||||
| 25 | for a household containing 3 or more persons; and | ||||||
| 26 | (5) for the 2008 claim year, have a maximum household | ||||||
| |||||||
| |||||||
| 1 | income of (i) less than $22,218 for a household containing | ||||||
| 2 | one person, (ii) $29,480 for a household containing 2 | ||||||
| 3 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
| 4 | more persons; and | ||||||
| 5 | (6) for 2009 claim year applications submitted during | ||||||
| 6 | calendar year 2010, have annual household income of less | ||||||
| 7 | than (i) $27,610 for a household containing one person; | ||||||
| 8 | (ii) less than $36,635 for a household containing 2 | ||||||
| 9 | persons; or (iii) less than $45,657 for a household | ||||||
| 10 | containing 3 or more persons; and | ||||||
| 11 | (7) as of September 1, 2011, have a maximum household | ||||||
| 12 | income at or below 200% of the federal poverty level. | ||||||
| 13 | All individuals enrolled as of December 31, 2005, in the | ||||||
| 14 | pharmaceutical assistance program operated pursuant to | ||||||
| 15 | subsection (f) of this Section and all individuals enrolled as | ||||||
| 16 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
| 17 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
| 18 | Code shall be automatically enrolled in the program established | ||||||
| 19 | by this subsection for the first year of operation without the | ||||||
| 20 | need for further application, except that they must apply for | ||||||
| 21 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
| 22 | D. A person enrolled in the pharmaceutical assistance program | ||||||
| 23 | operated pursuant to subsection (f) of this Section as of | ||||||
| 24 | December 31, 2005, shall not lose eligibility in future years | ||||||
| 25 | due only to the fact that they have not reached the age of 65. | ||||||
| 26 | To the extent permitted by federal law, the Department may | ||||||
| |||||||
| |||||||
| 1 | act as an authorized representative of a beneficiary in order | ||||||
| 2 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
| 3 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
| 4 | where possible, to enroll beneficiaries in the low-income | ||||||
| 5 | subsidy program under Medicare Part D or assist them in | ||||||
| 6 | enrolling in that program. | ||||||
| 7 | Beneficiaries under the program established under this | ||||||
| 8 | subsection shall be divided into the following 4 eligibility | ||||||
| 9 | groups: | ||||||
| 10 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
| 11 | who are not eligible for Medicare Part D coverage and who
| ||||||
| 12 | are: | ||||||
| 13 | (i) a person with a disability disabled and under | ||||||
| 14 | age 65; or | ||||||
| 15 | (ii) age 65 or older, with incomes over 200% of the | ||||||
| 16 | Federal Poverty Level; or | ||||||
| 17 | (iii) age 65 or older, with incomes at or below | ||||||
| 18 | 200% of the Federal Poverty Level and not eligible for | ||||||
| 19 | federally funded means-tested benefits due to | ||||||
| 20 | immigration status. | ||||||
| 21 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
| 22 | who are eligible for Medicare Part D coverage. | ||||||
| 23 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
| 24 | age 65 or older, with incomes at or below 200% of the | ||||||
| 25 | Federal Poverty Level, who are not barred from receiving | ||||||
| 26 | federally funded means-tested benefits due to immigration | ||||||
| |||||||
| |||||||
| 1 | status and are not eligible for Medicare Part D coverage. | ||||||
| 2 | If the State applies and receives federal approval for | ||||||
| 3 | a waiver under Title XIX of the Social Security Act, | ||||||
| 4 | persons in Eligibility Group 3 shall continue to receive | ||||||
| 5 | benefits through the approved waiver, and Eligibility | ||||||
| 6 | Group 3 may be expanded to include persons with | ||||||
| 7 | disabilities who are disabled persons under age 65 with | ||||||
| 8 | incomes under 200% of the Federal Poverty Level who are not | ||||||
| 9 | eligible for Medicare and who are not barred from receiving | ||||||
| 10 | federally funded means-tested benefits due to immigration | ||||||
| 11 | status. | ||||||
| 12 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
| 13 | who are otherwise described in Eligibility Group 2 who have | ||||||
| 14 | a diagnosis of HIV or AIDS.
| ||||||
| 15 | The program established under this subsection shall cover | ||||||
| 16 | the cost of covered prescription drugs in excess of the | ||||||
| 17 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
| 18 | that are not covered by Medicare. The Department of Healthcare | ||||||
| 19 | and Family Services may establish by emergency rule changes in | ||||||
| 20 | cost-sharing necessary to conform the cost of the program to | ||||||
| 21 | the amounts appropriated for State fiscal year 2012 and future | ||||||
| 22 | fiscal years except that the 24-month limitation on the | ||||||
| 23 | adoption of emergency rules and the provisions of Sections | ||||||
| 24 | 5-115 and 5-125 of the Illinois Administrative Procedure Act | ||||||
| 25 | shall not apply to rules adopted under this subsection (g). The | ||||||
| 26 | adoption of emergency rules authorized by this subsection (g) | ||||||
| |||||||
| |||||||
| 1 | shall be deemed to be necessary for the public interest, | ||||||
| 2 | safety, and welfare.
| ||||||
| 3 | For purposes of the program established under this | ||||||
| 4 | subsection, the term "covered prescription drug" has the | ||||||
| 5 | following meanings: | ||||||
| 6 | For Eligibility Group 1, "covered prescription drug" | ||||||
| 7 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
| 8 | insulin or other prescription drug used in the treatment of | ||||||
| 9 | diabetes, including syringe and needles used to administer | ||||||
| 10 | the insulin; (3) any prescription drug used in the | ||||||
| 11 | treatment of arthritis; (4) any prescription drug used in | ||||||
| 12 | the treatment of cancer; (5) any prescription drug used in | ||||||
| 13 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
| 14 | drug used in the treatment of Parkinson's disease; (7) any | ||||||
| 15 | prescription drug used in the treatment of glaucoma; (8) | ||||||
| 16 | any prescription drug used in the treatment of lung disease | ||||||
| 17 | and smoking-related illnesses; (9) any prescription drug | ||||||
| 18 | used in the treatment of osteoporosis; and (10) any | ||||||
| 19 | prescription drug used in the treatment of multiple | ||||||
| 20 | sclerosis. The Department may add additional therapeutic | ||||||
| 21 | classes by rule. The Department may adopt a preferred drug | ||||||
| 22 | list within any of the classes of drugs described in items | ||||||
| 23 | (1) through (10) of this paragraph. The specific drugs or | ||||||
| 24 | therapeutic classes of covered prescription drugs shall be | ||||||
| 25 | indicated by rule. | ||||||
| 26 | For Eligibility Group 2, "covered prescription drug" | ||||||
| |||||||
| |||||||
| 1 | means those drugs covered by the Medicare Part D | ||||||
| 2 | Prescription Drug Plan in which the beneficiary is | ||||||
| 3 | enrolled. | ||||||
| 4 | For Eligibility Group 3, "covered prescription drug" | ||||||
| 5 | means those drugs covered by the Medical Assistance Program | ||||||
| 6 | under Article V of the Illinois Public Aid Code. | ||||||
| 7 | For Eligibility Group 4, "covered prescription drug" | ||||||
| 8 | means those drugs covered by the Medicare Part D | ||||||
| 9 | Prescription Drug Plan in which the beneficiary is | ||||||
| 10 | enrolled. | ||||||
| 11 | Any person otherwise eligible for pharmaceutical | ||||||
| 12 | assistance under this subsection whose covered drugs are | ||||||
| 13 | covered by any public program is ineligible for assistance | ||||||
| 14 | under this subsection to the extent that the cost of those | ||||||
| 15 | drugs is covered by the other program. | ||||||
| 16 | The Department of Healthcare and Family Services shall | ||||||
| 17 | establish by rule the methods by which it will provide for the | ||||||
| 18 | coverage called for in this subsection. Those methods may | ||||||
| 19 | include direct reimbursement to pharmacies or the payment of a | ||||||
| 20 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
| 21 | For a pharmacy to be reimbursed under the program | ||||||
| 22 | established under this subsection, it must comply with rules | ||||||
| 23 | adopted by the Department of Healthcare and Family Services | ||||||
| 24 | regarding coordination of benefits with Medicare Part D | ||||||
| 25 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
| 26 | Medicare-enrolled beneficiary of the program established under | ||||||
| |||||||
| |||||||
| 1 | this subsection more for a covered prescription drug than the | ||||||
| 2 | appropriate Medicare cost-sharing less any payment from or on | ||||||
| 3 | behalf of the Department of Healthcare and Family Services. | ||||||
| 4 | The Department of Healthcare and Family Services or the | ||||||
| 5 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
| 6 | applications, counting of income, proof of Medicare status, | ||||||
| 7 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
| 8 | and any other rules necessary for the cost-efficient operation | ||||||
| 9 | of the program established under this subsection. | ||||||
| 10 | (h) A qualified individual is not entitled to duplicate
| ||||||
| 11 | benefits in a coverage period as a result of the changes made
| ||||||
| 12 | by this amendatory Act of the 96th General Assembly.
| ||||||
| 13 | (Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333, | ||||||
| 14 | eff. 8-12-11; 97-689, eff. 6-14-12.)
| ||||||
| 15 | (320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
| ||||||
| 16 | Sec. 9. Fraud; error. | ||||||
| 17 | (a) Any person who files a fraudulent claim
for a grant | ||||||
| 18 | under this Act, or who for compensation prepares a claim
for a | ||||||
| 19 | grant and
knowingly enters false information on an application | ||||||
| 20 | for any claimant under
this Act, or who fraudulently files | ||||||
| 21 | multiple applications, or who
fraudulently states that a person | ||||||
| 22 | without a disability is a person with a disability a | ||||||
| 23 | nondisabled person is disabled, or who, prior to July 1, 2012, | ||||||
| 24 | fraudulently procures pharmaceutical assistance benefits, or
| ||||||
| 25 | who fraudulently uses such assistance to procure covered | ||||||
| |||||||
| |||||||
| 1 | prescription drugs, or
who, on behalf of an authorized | ||||||
| 2 | pharmacy, files a fraudulent request for payment, is
guilty of | ||||||
| 3 | a Class 4 felony for the first offense and is guilty of a Class | ||||||
| 4 | 3
felony for each subsequent offense. | ||||||
| 5 | (b) (Blank). | ||||||
| 6 | (c) The Department on Aging may recover from a
claimant any | ||||||
| 7 | amount paid to that claimant under this
Act on account of an | ||||||
| 8 | erroneous or
fraudulent claim, together with 6% interest per | ||||||
| 9 | year. Amounts
recoverable from a claimant by the Department on | ||||||
| 10 | Aging under
this Act may, but need not, be recovered by | ||||||
| 11 | offsetting the
amount owed against any future grant payable to | ||||||
| 12 | the person
under this Act. | ||||||
| 13 | The Department of Healthcare and Family Services may
| ||||||
| 14 | recover for acts prior to July 1, 2012 from an authorized | ||||||
| 15 | pharmacy any amount paid to that
pharmacy under the | ||||||
| 16 | pharmaceutical assistance program on
account of an erroneous or | ||||||
| 17 | fraudulent request for payment under
that program, together | ||||||
| 18 | with 6% interest per year. The
Department of Healthcare and | ||||||
| 19 | Family Services may recover from a
person who erroneously or | ||||||
| 20 | fraudulently obtains benefits under
the pharmaceutical | ||||||
| 21 | assistance program the value of the benefits
so obtained, | ||||||
| 22 | together with 6% interest per year. | ||||||
| 23 | (d) A prosecution for
a violation of this Section may be | ||||||
| 24 | commenced at any time within 3 years
of the commission of that | ||||||
| 25 | violation.
| ||||||
| 26 | (Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 715. The Senior Citizens Real Estate Tax Deferral | ||||||
| 2 | Act is amended by changing Sections 2 and 8 as follows:
| ||||||
| 3 | (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
| ||||||
| 4 | Sec. 2. Definitions. As used in this Act:
| ||||||
| 5 | (a) "Taxpayer" means an individual whose household income | ||||||
| 6 | for the year
is no greater than: (i) $40,000 through tax year | ||||||
| 7 | 2005; (ii) $50,000 for tax years 2006 through 2011; and (iii) | ||||||
| 8 | $55,000 for tax year 2012 and thereafter.
| ||||||
| 9 | (b) "Tax deferred property" means the property upon which | ||||||
| 10 | real
estate taxes are deferred under this Act.
| ||||||
| 11 | (c) "Homestead" means the land and buildings thereon, | ||||||
| 12 | including a
condominium or a dwelling unit in a multidwelling | ||||||
| 13 | building that is owned and
operated as a cooperative, occupied | ||||||
| 14 | by the taxpayer as his residence or which
are temporarily | ||||||
| 15 | unoccupied by the taxpayer because such taxpayer is temporarily
| ||||||
| 16 | residing, for not more than 1 year, in a licensed facility as | ||||||
| 17 | defined in
Section 1-113 of the Nursing Home Care Act.
| ||||||
| 18 | (d) "Real estate taxes" or "taxes" means the taxes on real | ||||||
| 19 | property for
which the taxpayer would be liable under the | ||||||
| 20 | Property Tax Code, including special service area taxes, and | ||||||
| 21 | special assessments on
benefited real property for which the | ||||||
| 22 | taxpayer would be liable to a unit of
local government.
| ||||||
| 23 | (e) "Department" means the Department of Revenue.
| ||||||
| 24 | (f) "Qualifying property" means a homestead which (a) the | ||||||
| |||||||
| |||||||
| 1 | taxpayer or the
taxpayer and his spouse own in fee simple or | ||||||
| 2 | are purchasing in fee simple under
a recorded instrument of | ||||||
| 3 | sale, (b) is not income-producing property, (c) is not
subject | ||||||
| 4 | to a lien for unpaid real estate taxes when a claim under this | ||||||
| 5 | Act is
filed, and (d) is not held in trust, other than an | ||||||
| 6 | Illinois land trust with the taxpayer identified as the sole | ||||||
| 7 | beneficiary, if the taxpayer is filing for the program for the | ||||||
| 8 | first time effective as of the January 1, 2011 assessment year | ||||||
| 9 | or tax year 2012 and thereafter.
| ||||||
| 10 | (g) "Equity interest" means the current assessed valuation | ||||||
| 11 | of the qualified
property times the fraction necessary to | ||||||
| 12 | convert that figure to full market
value minus any outstanding | ||||||
| 13 | debts or liens on that property. In the case of
qualifying | ||||||
| 14 | property not having a separate assessed valuation, the | ||||||
| 15 | appraised
value as determined by a qualified real estate | ||||||
| 16 | appraiser shall be used instead
of the current assessed | ||||||
| 17 | valuation.
| ||||||
| 18 | (h) "Household income" has the meaning ascribed to that | ||||||
| 19 | term in the Senior
Citizens and Persons with Disabilities | ||||||
| 20 | Disabled Persons Property Tax Relief
Act.
| ||||||
| 21 | (i) "Collector" means the county collector or, if the taxes | ||||||
| 22 | to be deferred
are special assessments, an official designated | ||||||
| 23 | by a unit of local government
to collect special assessments.
| ||||||
| 24 | (Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
| ||||||
| 25 | (320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8.
Nothing in this Act (a) affects any provision of
| ||||||
| 2 | any mortgage or other instrument relating to land requiring a
| ||||||
| 3 | person to pay real estate taxes or (b) affects the eligibility | ||||||
| 4 | of any
person to receive any grant pursuant to the "Senior | ||||||
| 5 | Citizens and Persons with Disabilities Disabled
Persons | ||||||
| 6 | Property Tax Relief Act".
| ||||||
| 7 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 8 | Section 720. The Senior Pharmaceutical Assistance Act is | ||||||
| 9 | amended by changing Section 5 as follows:
| ||||||
| 10 | (320 ILCS 50/5)
| ||||||
| 11 | Sec. 5. Findings. The General Assembly finds:
| ||||||
| 12 | (1) Senior citizens identify pharmaceutical assistance as | ||||||
| 13 | the single most
critical factor to their health, well-being, | ||||||
| 14 | and continued independence.
| ||||||
| 15 | (2) The State of Illinois currently operates 2 | ||||||
| 16 | pharmaceutical assistance
programs that benefit seniors: (i) | ||||||
| 17 | the program of pharmaceutical assistance
under
the Senior | ||||||
| 18 | Citizens and Persons with Disabilities Disabled Persons | ||||||
| 19 | Property Tax Relief Act and (ii) the Aid to the Aged, Blind, or | ||||||
| 20 | Disabled program under
the
Illinois Public Aid Code. The State | ||||||
| 21 | has been given authority to establish a
third program, SeniorRx | ||||||
| 22 | Care, through a federal Medicaid waiver.
| ||||||
| 23 | (3) Each year, numerous pieces of legislation are filed | ||||||
| 24 | seeking to
establish additional pharmaceutical assistance | ||||||
| |||||||
| |||||||
| 1 | benefits for seniors or to make
changes to the existing | ||||||
| 2 | programs.
| ||||||
| 3 | (4) Establishment of a pharmaceutical assistance review | ||||||
| 4 | committee will
ensure proper coordination of benefits, | ||||||
| 5 | diminish the likelihood of duplicative
benefits, and ensure | ||||||
| 6 | that the best interests of seniors are served.
| ||||||
| 7 | (5) In addition to the State pharmaceutical assistance | ||||||
| 8 | programs, several
private entities, such as drug manufacturers | ||||||
| 9 | and pharmacies, also offer
prescription drug discount or | ||||||
| 10 | coverage programs.
| ||||||
| 11 | (6) Many seniors are unaware of the myriad of public and | ||||||
| 12 | private programs
available to them.
| ||||||
| 13 | (7) Establishing a pharmaceutical clearinghouse with a | ||||||
| 14 | toll-free hot-line
and local outreach workers will educate | ||||||
| 15 | seniors about the vast array of options
available to them and | ||||||
| 16 | enable seniors to make an educated and informed choice
that is | ||||||
| 17 | best for them.
| ||||||
| 18 | (8) Estimates indicate that almost one-third of senior | ||||||
| 19 | citizens lack
prescription drug coverage. The federal | ||||||
| 20 | government, states, and the
pharmaceutical industry each have a | ||||||
| 21 | role in helping these uninsured seniors
gain
access to | ||||||
| 22 | life-saving medications.
| ||||||
| 23 | (9) The State of Illinois has recognized its obligation to | ||||||
| 24 | assist
Illinois' neediest seniors in purchasing prescription | ||||||
| 25 | medications, and it is
now
time for pharmaceutical | ||||||
| 26 | manufacturers to recognize their obligation to make
their | ||||||
| |||||||
| |||||||
| 1 | medications affordable to seniors.
| ||||||
| 2 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 3 | Section 725. The Illinois Prescription Drug Discount
| ||||||
| 4 | Program Act is amended by changing Section 30 as follows:
| ||||||
| 5 | (320 ILCS 55/30)
| ||||||
| 6 | Sec. 30. Manufacturer rebate agreements.
| ||||||
| 7 | (a) Taking into consideration the extent to which the State | ||||||
| 8 | pays for
prescription
drugs under various State programs
and | ||||||
| 9 | the provision of assistance to persons with disabilities | ||||||
| 10 | disabled persons or eligible seniors under
patient
assistance | ||||||
| 11 | programs, prescription drug discount programs, or other offers | ||||||
| 12 | for
free or
reduced price medicine, clinical research projects, | ||||||
| 13 | limited supply distribution
programs,
compassionate use | ||||||
| 14 | programs, or programs of research conducted by or for a drug
| ||||||
| 15 | manufacturer, the Department, its agent, or the program
| ||||||
| 16 | administrator shall negotiate and enter into rebate agreements | ||||||
| 17 | with drug
manufacturers, as
defined in this Act, to effect | ||||||
| 18 | prescription drug price discounts.
The Department or program | ||||||
| 19 | administrator may exclude certain medications from the list of | ||||||
| 20 | covered medications and may establish a preferred drug list as
| ||||||
| 21 | a
basis
for determining the discounts, administrative fees, or | ||||||
| 22 | other fees or rebates
under this Section.
| ||||||
| 23 | (b) (Blank).
| ||||||
| 24 | (c) Receipts from rebates
shall be used
to provide | ||||||
| |||||||
| |||||||
| 1 | discounts for prescription drugs purchased by cardholders and | ||||||
| 2 | to cover the cost of administering the program. Any receipts to | ||||||
| 3 | be
allocated to the Department shall be deposited into the | ||||||
| 4 | Illinois
Prescription Drug Discount Program Fund, a trust fund | ||||||
| 5 | created outside the State Treasury with the State Treasurer | ||||||
| 6 | acting as ex officio custodian. Disbursements from the Illinois | ||||||
| 7 | Prescription Drug Discount Program Fund shall be made upon the | ||||||
| 8 | direction of the Director of Central Management Services.
| ||||||
| 9 | (Source: P.A. 94-86, eff. 1-1-06; 94-91, eff. 7-1-05; 95-331, | ||||||
| 10 | eff. 8-21-07.)
| ||||||
| 11 | Section 730. The Abused and Neglected Child Reporting Act | ||||||
| 12 | is amended by changing Sections 4.4a, 7.1, 11.1, 11.5, and 11.7 | ||||||
| 13 | as follows:
| ||||||
| 14 | (325 ILCS 5/4.4a) | ||||||
| 15 | Sec. 4.4a. Department of Children and Family Services duty | ||||||
| 16 | to report to Department of Human Services' Office of Inspector | ||||||
| 17 | General. Whenever the Department receives, by means of its | ||||||
| 18 | statewide toll-free telephone number established under Section | ||||||
| 19 | 7.6 for the purpose of reporting suspected child abuse or | ||||||
| 20 | neglect or by any other means or from any mandated reporter | ||||||
| 21 | under Section 4 of this Act, a report of suspected abuse, | ||||||
| 22 | neglect, or financial exploitation of an adult with a | ||||||
| 23 | disability a disabled adult between the ages of 18 and 59 and | ||||||
| 24 | who is not residing in a DCFS licensed facility, the Department | ||||||
| |||||||
| |||||||
| 1 | shall instruct the reporter to contact the Department of Human | ||||||
| 2 | Services' Office of the Inspector General and shall provide the | ||||||
| 3 | reporter with the statewide, 24-hour toll-free telephone | ||||||
| 4 | number established and maintained by the Department of Human | ||||||
| 5 | Services' Office of the Inspector General.
| ||||||
| 6 | (Source: P.A. 96-1446, eff. 8-20-10.)
| ||||||
| 7 | (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
| ||||||
| 8 | Sec. 7.1.
(a) To the fullest extent feasible, the | ||||||
| 9 | Department shall cooperate
with and shall seek the cooperation | ||||||
| 10 | and involvement of all appropriate public
and private agencies, | ||||||
| 11 | including health, education, social service and law
| ||||||
| 12 | enforcement agencies, religious institutions,
courts of | ||||||
| 13 | competent jurisdiction, and agencies,
organizations, or | ||||||
| 14 | programs providing or concerned with human services related
to | ||||||
| 15 | the prevention, identification or treatment of child abuse or | ||||||
| 16 | neglect.
| ||||||
| 17 | Such cooperation and involvement shall include joint | ||||||
| 18 | consultation and
services, joint planning, joint case | ||||||
| 19 | management, joint public education and
information services, | ||||||
| 20 | joint utilization of facilities, joint staff
development and | ||||||
| 21 | other training, and the creation of multidisciplinary case
| ||||||
| 22 | diagnostic, case handling, case management, and policy | ||||||
| 23 | planning teams.
Such cooperation and involvement shall also | ||||||
| 24 | include consultation and planning
with the Illinois Department | ||||||
| 25 | of Human Services regarding
referrals to designated
perinatal | ||||||
| |||||||
| |||||||
| 1 | centers of newborn children requiring protective custody under
| ||||||
| 2 | this Act, whose life or development may be threatened by a | ||||||
| 3 | developmental
disability or disabling handicapping condition.
| ||||||
| 4 | For implementing such intergovernmental cooperation and | ||||||
| 5 | involvement,
units of local government and public and private | ||||||
| 6 | agencies may apply for and
receive federal or State funds from | ||||||
| 7 | the Department under this Act or seek
and receive gifts from | ||||||
| 8 | local philanthropic or other private local sources
in order to | ||||||
| 9 | augment any State funds appropriated for the purposes of this | ||||||
| 10 | Act.
| ||||||
| 11 | (b) The Department may establish up to 5 demonstrations of
| ||||||
| 12 | multidisciplinary teams to advise, review and monitor cases of | ||||||
| 13 | child abuse
and neglect brought
by the Department or any member | ||||||
| 14 | of the team. The Director shall determine
the criteria by which | ||||||
| 15 | certain cases of child abuse or neglect are brought
to the | ||||||
| 16 | multidisciplinary teams. The criteria shall include but not be | ||||||
| 17 | limited
to geographic area and classification of certain cases | ||||||
| 18 | where allegations
are of a severe nature. Each | ||||||
| 19 | multidisciplinary team shall consist of 7
to 10 members | ||||||
| 20 | appointed by the Director, including, but not limited to
| ||||||
| 21 | representatives from the medical, mental health, educational, | ||||||
| 22 | juvenile
justice, law enforcement and social service fields.
| ||||||
| 23 | (Source: P.A. 92-801, eff. 8-16-02.)
| ||||||
| 24 | (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
| ||||||
| 25 | Sec. 11.1. Access to records.
| ||||||
| |||||||
| |||||||
| 1 | (a) A person shall have access to the
records described in | ||||||
| 2 | Section 11 only in furtherance of purposes directly
connected | ||||||
| 3 | with the administration of this Act or the Intergovernmental | ||||||
| 4 | Missing
Child Recovery Act of 1984. Those persons and purposes | ||||||
| 5 | for access include:
| ||||||
| 6 | (1) Department staff in the furtherance of their | ||||||
| 7 | responsibilities under
this Act, or for the purpose of | ||||||
| 8 | completing background investigations on
persons or | ||||||
| 9 | agencies licensed by the Department or with whom the | ||||||
| 10 | Department
contracts for the provision of child welfare | ||||||
| 11 | services.
| ||||||
| 12 | (2) A law enforcement agency investigating known or | ||||||
| 13 | suspected child abuse
or neglect, known or suspected | ||||||
| 14 | involvement with child pornography, known or
suspected | ||||||
| 15 | criminal sexual assault, known or suspected criminal | ||||||
| 16 | sexual abuse, or
any other sexual offense when a child is | ||||||
| 17 | alleged to be involved.
| ||||||
| 18 | (3) The Department of State Police when administering | ||||||
| 19 | the provisions of
the Intergovernmental Missing Child | ||||||
| 20 | Recovery Act of 1984.
| ||||||
| 21 | (4) A physician who has before him a child whom he | ||||||
| 22 | reasonably
suspects may be abused or neglected.
| ||||||
| 23 | (5) A person authorized under Section 5 of this Act to | ||||||
| 24 | place a child
in temporary protective custody when such | ||||||
| 25 | person requires the
information in the report or record to | ||||||
| 26 | determine whether to place the
child in temporary | ||||||
| |||||||
| |||||||
| 1 | protective custody.
| ||||||
| 2 | (6) A person having the legal responsibility or | ||||||
| 3 | authorization to
care for, treat, or supervise a child, or | ||||||
| 4 | a parent, prospective adoptive parent, foster parent,
| ||||||
| 5 | guardian, or other
person responsible for the child's | ||||||
| 6 | welfare, who is the subject of a report.
| ||||||
| 7 | (7) Except in regard to harmful or detrimental | ||||||
| 8 | information as
provided in Section 7.19, any subject of the | ||||||
| 9 | report, and if the subject of
the report is a minor, his | ||||||
| 10 | guardian or guardian ad litem.
| ||||||
| 11 | (8) A court, upon its finding that access to such | ||||||
| 12 | records may be
necessary for the determination of an issue | ||||||
| 13 | before such court; however,
such access shall be limited to | ||||||
| 14 | in camera inspection, unless the court
determines that | ||||||
| 15 | public disclosure of the information contained therein
is | ||||||
| 16 | necessary for the resolution of an issue then pending | ||||||
| 17 | before it.
| ||||||
| 18 | (8.1) A probation officer or other authorized | ||||||
| 19 | representative of a
probation or court services department | ||||||
| 20 | conducting an investigation ordered
by a court under the | ||||||
| 21 | Juvenile Court Act of l987.
| ||||||
| 22 | (9) A grand jury, upon its determination that access to | ||||||
| 23 | such records
is necessary in the conduct of its official | ||||||
| 24 | business.
| ||||||
| 25 | (10) Any person authorized by the Director, in writing, | ||||||
| 26 | for audit or
bona fide research purposes.
| ||||||
| |||||||
| |||||||
| 1 | (11) Law enforcement agencies, coroners or medical | ||||||
| 2 | examiners,
physicians, courts, school superintendents and | ||||||
| 3 | child welfare agencies
in other states who are responsible | ||||||
| 4 | for child abuse or neglect
investigations or background | ||||||
| 5 | investigations.
| ||||||
| 6 | (12) The Department of Professional Regulation, the | ||||||
| 7 | State Board of
Education and school superintendents in | ||||||
| 8 | Illinois, who may use or disclose
information from the | ||||||
| 9 | records as they deem necessary to conduct
investigations or | ||||||
| 10 | take disciplinary action, as provided by law.
| ||||||
| 11 | (13) A coroner or medical examiner who has reason to
| ||||||
| 12 | believe that a child has died as the result of abuse or | ||||||
| 13 | neglect.
| ||||||
| 14 | (14) The Director of a State-operated facility when an | ||||||
| 15 | employee of that
facility is the perpetrator in an | ||||||
| 16 | indicated report.
| ||||||
| 17 | (15) The operator of a licensed child care facility or | ||||||
| 18 | a facility licensed
by the Department of Human Services (as | ||||||
| 19 | successor to the Department of
Alcoholism and Substance | ||||||
| 20 | Abuse) in which children reside
when a current or | ||||||
| 21 | prospective employee of that facility is the perpetrator in
| ||||||
| 22 | an indicated child abuse or neglect report, pursuant to | ||||||
| 23 | Section 4.3 of the
Child Care Act of 1969.
| ||||||
| 24 | (16) Members of a multidisciplinary team in the | ||||||
| 25 | furtherance of its
responsibilities under subsection (b) | ||||||
| 26 | of Section 7.1. All reports
concerning child abuse and | ||||||
| |||||||
| |||||||
| 1 | neglect made available to members of such
| ||||||
| 2 | multidisciplinary teams and all records generated as a | ||||||
| 3 | result of such
reports shall be confidential and shall not | ||||||
| 4 | be disclosed, except as
specifically authorized by this Act | ||||||
| 5 | or other applicable law. It is a Class
A misdemeanor to | ||||||
| 6 | permit, assist or encourage the unauthorized release of
any | ||||||
| 7 | information contained in such reports or records. Nothing | ||||||
| 8 | contained in
this Section prevents the sharing of reports | ||||||
| 9 | or records relating or pertaining
to the death of a minor | ||||||
| 10 | under the care of or receiving services from the
Department | ||||||
| 11 | of Children and Family Services and under the jurisdiction | ||||||
| 12 | of the
juvenile court with the juvenile court, the State's | ||||||
| 13 | Attorney, and the minor's
attorney.
| ||||||
| 14 | (17) The Department of Human Services, as provided
in | ||||||
| 15 | Section 17 of the Rehabilitation of Persons with | ||||||
| 16 | Disabilities Disabled Persons Rehabilitation Act.
| ||||||
| 17 | (18) Any other agency or investigative body, including | ||||||
| 18 | the Department of
Public Health and a local board of | ||||||
| 19 | health, authorized by State law to
conduct an investigation | ||||||
| 20 | into the quality of care provided to children in
hospitals | ||||||
| 21 | and other State regulated care facilities. The access to | ||||||
| 22 | and
release of information from such records shall be | ||||||
| 23 | subject to the approval
of the Director of the Department | ||||||
| 24 | or his designee.
| ||||||
| 25 | (19) The person appointed, under Section 2-17 of the | ||||||
| 26 | Juvenile Court
Act of 1987, as the guardian ad litem of a | ||||||
| |||||||
| |||||||
| 1 | minor who is the subject of a
report or
records under this | ||||||
| 2 | Act.
| ||||||
| 3 | (20) The Department of Human Services, as provided in | ||||||
| 4 | Section 10 of the
Early
Intervention Services System Act, | ||||||
| 5 | and the operator of a facility providing
early
intervention | ||||||
| 6 | services pursuant to that Act, for the purpose of | ||||||
| 7 | determining
whether a
current or prospective employee who | ||||||
| 8 | provides or may provide direct services
under that
Act is | ||||||
| 9 | the perpetrator in an indicated report of child abuse or | ||||||
| 10 | neglect filed
under this Act.
| ||||||
| 11 | (b) Nothing contained in this Act prevents the sharing or
| ||||||
| 12 | disclosure of information or records relating or pertaining to | ||||||
| 13 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 14 | Offender Comprehensive
Action Program when that information is | ||||||
| 15 | used to assist in the early
identification and treatment of | ||||||
| 16 | habitual juvenile offenders.
| ||||||
| 17 | (c) To the extent that persons or agencies are given access | ||||||
| 18 | to
information pursuant to this Section, those persons or | ||||||
| 19 | agencies may give this
information to and
receive this | ||||||
| 20 | information from each other in order to facilitate an
| ||||||
| 21 | investigation
conducted by those persons or agencies.
| ||||||
| 22 | (Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.)
| ||||||
| 23 | (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
| ||||||
| 24 | Sec. 11.5.
Within the appropriation available, the | ||||||
| 25 | Department shall conduct
a continuing education and training | ||||||
| |||||||
| |||||||
| 1 | program for State and local staff,
persons and officials | ||||||
| 2 | required to report, the general public, and other
persons | ||||||
| 3 | engaged in or intending to engage in the prevention, | ||||||
| 4 | identification,
and treatment of child abuse and neglect. The | ||||||
| 5 | program shall be designed
to encourage the fullest degree of | ||||||
| 6 | reporting of known and suspected child
abuse and neglect, and | ||||||
| 7 | to improve communication, cooperation, and coordination
among | ||||||
| 8 | all agencies in the identification, prevention, and treatment | ||||||
| 9 | of child
abuse and neglect. The program shall inform the | ||||||
| 10 | general public and
professionals of the nature and extent of | ||||||
| 11 | child abuse and neglect and their
responsibilities, | ||||||
| 12 | obligations, powers and immunity from liability under
this Act. | ||||||
| 13 | It may include information on the diagnosis of child abuse and
| ||||||
| 14 | neglect and the roles and procedures of the Child Protective | ||||||
| 15 | Service Unit,
the Department and central register, the courts | ||||||
| 16 | and of the protective,
treatment, and ameliorative
services | ||||||
| 17 | available to children and their families. Such information may
| ||||||
| 18 | also include special needs of mothers at risk of delivering a | ||||||
| 19 | child whose
life or development may be threatened by a | ||||||
| 20 | disabling handicapping condition, to ensure
informed consent | ||||||
| 21 | to treatment of the condition and understanding of the
unique | ||||||
| 22 | child care responsibilities required for such a child. The | ||||||
| 23 | program
may also encourage parents and other persons
having | ||||||
| 24 | responsibility for the welfare of children to seek assistance | ||||||
| 25 | on
their own in meeting their child care responsibilities and | ||||||
| 26 | encourage the
voluntary acceptance of available services when | ||||||
| |||||||
| |||||||
| 1 | they are needed. It may
also include publicity and | ||||||
| 2 | dissemination of information on the existence
and number of the | ||||||
| 3 | 24 hour, State-wide, toll-free telephone service to assist
| ||||||
| 4 | persons seeking assistance and to receive reports of known and | ||||||
| 5 | suspected
abuse and neglect.
| ||||||
| 6 | Within the appropriation available, the Department also | ||||||
| 7 | shall conduct
a continuing education and training program for | ||||||
| 8 | State and local staff
involved in investigating reports of | ||||||
| 9 | child abuse or neglect made under this
Act. The program shall | ||||||
| 10 | be designed to train such staff in the necessary
and | ||||||
| 11 | appropriate procedures to be followed in investigating cases | ||||||
| 12 | which it
appears may result in civil or criminal charges being | ||||||
| 13 | filed against a
person. Program subjects shall include but not | ||||||
| 14 | be limited to the gathering
of evidence with a view toward | ||||||
| 15 | presenting such evidence in court and the
involvement of State | ||||||
| 16 | or local law enforcement agencies in the investigation.
The | ||||||
| 17 | program shall be conducted in cooperation with State or local | ||||||
| 18 | law
enforcement agencies, State's Attorneys and other | ||||||
| 19 | components of the
criminal justice system as the Department | ||||||
| 20 | deems appropriate.
| ||||||
| 21 | (Source: P.A. 85-984.)
| ||||||
| 22 | (325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)
| ||||||
| 23 | Sec. 11.7.
(a) The Director shall appoint the chairperson | ||||||
| 24 | and members
of a "State-wide Citizen's Committee on Child Abuse | ||||||
| 25 | and Neglect" to consult
with and advise the Director. The | ||||||
| |||||||
| |||||||
| 1 | Committee shall be composed of individuals
of distinction in | ||||||
| 2 | human services, neonatal medical care, needs and rights
of | ||||||
| 3 | persons with disabilities the disabled, law and community life, | ||||||
| 4 | broadly representative
of social and economic communities | ||||||
| 5 | across the State, who shall be appointed
to 3 year staggered | ||||||
| 6 | terms. The chairperson and members of the Committee
shall serve | ||||||
| 7 | without compensation, although their travel and per diem | ||||||
| 8 | expenses
shall be reimbursed in accordance with standard State | ||||||
| 9 | procedures. Under
procedures adopted by the Committee, it may | ||||||
| 10 | meet at any time, confer with
any individuals, groups, and | ||||||
| 11 | agencies; and may issue reports or recommendations
on any | ||||||
| 12 | aspect of child abuse or neglect it deems appropriate.
| ||||||
| 13 | (b) The Committee shall advise the Director on setting | ||||||
| 14 | priorities for
the administration of child abuse prevention, | ||||||
| 15 | shelters and service programs,
as specified in Section 4a of | ||||||
| 16 | "An Act creating the Department of Children
and Family | ||||||
| 17 | Services, codifying its powers and duties, and repealing | ||||||
| 18 | certain
Acts and Sections herein named", approved June 4, 1963, | ||||||
| 19 | as amended.
| ||||||
| 20 | (c) The Committee shall advise the Director on policies and | ||||||
| 21 | procedures
with respect to the medical neglect of newborns and | ||||||
| 22 | infants.
| ||||||
| 23 | (Source: P.A. 84-611.)
| ||||||
| 24 | Section 735. The High Risk Youth Career Development Act is | ||||||
| 25 | amended by changing Section 1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (325 ILCS 25/1) (from Ch. 23, par. 6551)
| ||||||
| 2 | Sec. 1. The Department of Human Services (acting as | ||||||
| 3 | successor to the
Illinois Department of Public Aid under the | ||||||
| 4 | Department of Human Services
Act), in cooperation with
the | ||||||
| 5 | Department of Commerce and Economic Opportunity, the Illinois | ||||||
| 6 | State Board
of Education, the Department of Children and Family | ||||||
| 7 | Services, the
Department of Employment Services and other | ||||||
| 8 | appropriate State and local
agencies, may establish and | ||||||
| 9 | administer, on an experimental basis and
subject to | ||||||
| 10 | appropriation, community-based programs providing
| ||||||
| 11 | comprehensive, long-term intervention strategies to increase | ||||||
| 12 | future
employability and career development among high risk | ||||||
| 13 | youth.
The Department of Human Services, and the other | ||||||
| 14 | cooperating
agencies, shall
establish provisions for community | ||||||
| 15 | involvement in the design, development,
implementation and | ||||||
| 16 | administration of these programs. The programs
may provide the | ||||||
| 17 | following services: teaching of basic literacy and
remedial | ||||||
| 18 | reading and writing; vocational training programs which are
| ||||||
| 19 | realistic in terms of producing lifelong skills necessary for | ||||||
| 20 | career
development; and supportive services including | ||||||
| 21 | transportation and child
care during the training period and | ||||||
| 22 | for up to one year after placement in a
job. The programs shall | ||||||
| 23 | be targeted to high risk youth residing in the
geographic areas | ||||||
| 24 | served by the respective programs. "High risk" means that
a | ||||||
| 25 | person is at least 16 years of age but not yet 21 years of age | ||||||
| |||||||
| |||||||
| 1 | and
possesses one or more of the following characteristics:
| ||||||
| 2 | (1) Has low income;
| ||||||
| 3 | (2) Is a member of a minority;
| ||||||
| 4 | (3) Is illiterate;
| ||||||
| 5 | (4) Is a school drop out;
| ||||||
| 6 | (5) Is homeless;
| ||||||
| 7 | (6) Is a person with a disability disabled;
| ||||||
| 8 | (7) Is a parent; or
| ||||||
| 9 | (8) Is a ward of the State.
| ||||||
| 10 | The Department of Human Services
and other cooperating | ||||||
| 11 | State agencies
shall promulgate rules and
regulations, | ||||||
| 12 | pursuant to the Illinois Administrative Procedure Act, for the
| ||||||
| 13 | implementation of this Act, including procedures and standards | ||||||
| 14 | for
determining whether a person possesses any of the | ||||||
| 15 | characteristics specified
in this Section.
| ||||||
| 16 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
| 17 | Section 740. The War on Terrorism Compensation Act is | ||||||
| 18 | amended by changing Section 20 as follows:
| ||||||
| 19 | (330 ILCS 32/20)
| ||||||
| 20 | Sec. 20. Legal disability. If a person to whom compensation | ||||||
| 21 | is payable under this Act is under a legal disability, the | ||||||
| 22 | compensation shall be paid to the person legally vested with | ||||||
| 23 | the care of the person under a legal disability legally | ||||||
| 24 | disabled person under the laws of his or her state of | ||||||
| |||||||
| |||||||
| 1 | residence. If no such person has been so designated for the | ||||||
| 2 | person under a legal disability legally disabled person, | ||||||
| 3 | payment shall be made to the chief officer of any hospital or | ||||||
| 4 | institution under the supervision or control of any state or of | ||||||
| 5 | the United States Department of Veterans Affairs in which the | ||||||
| 6 | person under a legal disability legally disabled person is | ||||||
| 7 | placed, if that officer is authorized to accept moneys for the | ||||||
| 8 | benefit of the person under a legal disability legally disabled | ||||||
| 9 | person. Any payments so made shall be held or used solely for | ||||||
| 10 | the benefit of the person under a legal disability legally | ||||||
| 11 | disabled person.
| ||||||
| 12 | As used in this Section, a person under a legal disability | ||||||
| 13 | means a person found to be so by a court of competent | ||||||
| 14 | jurisdiction of any state or the District of Columbia or by any | ||||||
| 15 | adjudication officer of the United States Department of | ||||||
| 16 | Veterans Affairs.
| ||||||
| 17 | (Source: P.A. 96-76, eff. 7-24-09.)
| ||||||
| 18 | Section 745. The Prisoner of War Bonus Act is amended by | ||||||
| 19 | changing Section 4 as follows:
| ||||||
| 20 | (330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)
| ||||||
| 21 | Sec. 4.
The Department of Veterans' Affairs has complete | ||||||
| 22 | charge and
control of the general scheme of payments authorized | ||||||
| 23 | by this Act and shall
adopt general rules for the making of | ||||||
| 24 | such payments, the ascertainment and
selection of proper | ||||||
| |||||||
| |||||||
| 1 | beneficiaries and the amount to which such
beneficiaries are | ||||||
| 2 | entitled, and for procedure.
| ||||||
| 3 | If the person to whom compensation is payable under this | ||||||
| 4 | Act is a person
under a legal disability, it shall be paid to | ||||||
| 5 | the person legally vested with
the care of such person under a | ||||||
| 6 | legal disability legally disabled person under the laws of this | ||||||
| 7 | State of
residence. If no such person has been so designated | ||||||
| 8 | for the person under a legal disability legally
disabled | ||||||
| 9 | person, payment shall be made to the chief officer of any | ||||||
| 10 | hospital
or institution under the supervision or control of any | ||||||
| 11 | State or of the
Veterans Administration of the United States in | ||||||
| 12 | which such person under a legal disability legally disabled
| ||||||
| 13 | person is placed, if such officer is authorized to accept | ||||||
| 14 | moneys for the
benefit of the person under a legal disability | ||||||
| 15 | legally disabled person. Any payments so made shall be held
or | ||||||
| 16 | used solely for the benefit of the person under a legal | ||||||
| 17 | disability legally disabled person.
| ||||||
| 18 | As used in this Section, a person under a legal disability | ||||||
| 19 | means any person
found to be so disabled by a court of | ||||||
| 20 | competent jurisdiction of any State
or the District of Columbia | ||||||
| 21 | or by any adjudication officer of the Veterans
Administration | ||||||
| 22 | of the United States.
| ||||||
| 23 | (Source: P.A. 85-169.)
| ||||||
| 24 | Section 750. The Military Veterans Assistance Act is | ||||||
| 25 | amended by changing Section 6 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (330 ILCS 45/6) (from Ch. 23, par. 3086)
| ||||||
| 2 | Sec. 6.
Overseers of military veterans assistance are | ||||||
| 3 | hereby prohibited
from sending military veterans (or their | ||||||
| 4 | families or the families of those
deceased) to any almshouse | ||||||
| 5 | (or orphan asylum) without the full concurrence
and consent of | ||||||
| 6 | the commander and assistance committee of the post or camp
of a | ||||||
| 7 | military veterans organization having jurisdiction as provided | ||||||
| 8 | in
Sections 2 and 3 of this Act. Military veterans with | ||||||
| 9 | families and the
families of deceased veterans, shall, whenever | ||||||
| 10 | practicable, be provided for
and assisted at their homes in | ||||||
| 11 | such city or town in which they shall have a
residence, in the | ||||||
| 12 | manner provided in Sections 2 and 3 of this Act. Needy veterans | ||||||
| 13 | or veterans with disabilities or
disabled veterans of the | ||||||
| 14 | classes specified in Section 2 of this Act, who
are not | ||||||
| 15 | mentally ill, and who have no families or friends with which | ||||||
| 16 | they
may be domiciled, may be sent to any veterans home. Any | ||||||
| 17 | less fortunate
veteran of either of the classes specified in | ||||||
| 18 | Section 2 of this Act or any
member of the family of any living | ||||||
| 19 | or deceased veteran of said classes, who
may be mentally ill, | ||||||
| 20 | shall, upon the recommendation of the commander
and assistance | ||||||
| 21 | committee of such post or camp of a military veterans
| ||||||
| 22 | organization, within the jurisdiction of which the case may | ||||||
| 23 | occur, be sent
to any mental health facility and cared for as | ||||||
| 24 | provided for indigent
persons who are mentally ill.
| ||||||
| 25 | (Source: P.A. 87-796.)
| ||||||
| |||||||
| |||||||
| 1 | Section 755. The Disabled Veterans Housing Act is amended | ||||||
| 2 | by changing Section 0.01 as follows:
| ||||||
| 3 | (330 ILCS 65/0.01) (from Ch. 126 1/2, par. 57.90)
| ||||||
| 4 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
| 5 | Housing for Veterans with Disabilities Disabled Veterans | ||||||
| 6 | Housing Act.
| ||||||
| 7 | (Source: P.A. 86-1324.)
| ||||||
| 8 | Section 760. The Children of Deceased Veterans Act is | ||||||
| 9 | amended by changing Section 1 as follows:
| ||||||
| 10 | (330 ILCS 105/1) (from Ch. 126 1/2, par. 26)
| ||||||
| 11 | Sec. 1. The Illinois Department of Veterans' Affairs
shall | ||||||
| 12 | provide, insofar as moneys are appropriated for those purposes, | ||||||
| 13 | for
matriculation and tuition fees, board, room rent, books and | ||||||
| 14 | supplies for
the use and benefit of children, not under 10 and | ||||||
| 15 | not over 18 years of age,
except extension of time may be | ||||||
| 16 | granted for a child to complete high school
but in no event | ||||||
| 17 | beyond the 19th birthday who have for 12 months immediately
| ||||||
| 18 | preceding their application for these benefits had their | ||||||
| 19 | domicile in the
State of Illinois, of World War I
veterans who | ||||||
| 20 | were killed in action
or who died between April 6, 1917, and | ||||||
| 21 | July 2, 1921, and of World War II
veterans who were killed in | ||||||
| 22 | action or died after December 6, 1941, and on
or before | ||||||
| |||||||
| |||||||
| 1 | December 31, 1946, and of Korean conflict veterans who were | ||||||
| 2 | killed
in action or died between June 27, 1950 and January 31, | ||||||
| 3 | 1955, and of Vietnam
conflict veterans who were killed in | ||||||
| 4 | action or died between January 1, 1961
and May 7, 1975, as a | ||||||
| 5 | result of service in the Armed Forces of the United
States or | ||||||
| 6 | from other causes of World War I, World
War II, the Korean | ||||||
| 7 | conflict or the Vietnam conflict,
who died, whether before or | ||||||
| 8 | after the cessation of hostilities, from service-connected
| ||||||
| 9 | disability, and of any veterans who died during the induction | ||||||
| 10 | periods specified
below or died of a service-connected | ||||||
| 11 | disability incurred during such induction
periods, such | ||||||
| 12 | periods to be those beginning September 16, 1940, and ending
| ||||||
| 13 | December 6, 1941, and beginning January 1, 1947 and ending June | ||||||
| 14 | 26, 1950
and the period beginning February 1, 1955, and ending | ||||||
| 15 | on the day before
the first day thereafter on which individuals | ||||||
| 16 | (other than individuals liable
for induction by reason of prior | ||||||
| 17 | deferment) are no longer liable for induction
for training and | ||||||
| 18 | service into the Armed Forces under the Universal Military
| ||||||
| 19 | Training and Service Act, and beginning January 1, 1961 and | ||||||
| 20 | ending May
7, 1975 and of any veterans who are persons with a | ||||||
| 21 | total and permanent disability totally and permanently
| ||||||
| 22 | disabled as a result of a service-connected disability (or who | ||||||
| 23 | died
while a disability so evaluated was in existence); which | ||||||
| 24 | children are attending
or may attend a state or private | ||||||
| 25 | educational institution of elementary or high school
grade or a | ||||||
| 26 | business college, vocational training
school, or other | ||||||
| |||||||
| |||||||
| 1 | educational institution in this State where courses of
| ||||||
| 2 | instruction are provided in subjects which would tend to enable | ||||||
| 3 | such
children to engage in any useful trade, occupation or | ||||||
| 4 | profession. As
used in this Act "service-connected" means, with | ||||||
| 5 | respect to disability
or death, that such disability was | ||||||
| 6 | incurred or aggravated, or that the
death resulted from a | ||||||
| 7 | disability incurred or aggravated, in the
performance of active | ||||||
| 8 | duty or active duty for training in the military
services. Such | ||||||
| 9 | children shall
be admitted to state educational institutions | ||||||
| 10 | free of tuition. No more
than $250.00 may be paid under this | ||||||
| 11 | Act for any one child for any one
school year.
| ||||||
| 12 | (Source: P.A. 94-106, eff. 7-1-05.)
| ||||||
| 13 | Section 765. The Mental Health and Developmental | ||||||
| 14 | Disabilities Code is amended by changing Sections 1-106, 1-125, | ||||||
| 15 | 2-101, 2-108, 2-114, 3-200, 3-400, 4-201, 4-201.1, 4-400, | ||||||
| 16 | 4-500, 4-701, 5-105, 6-103.1, and 6-103.2 and by changing the | ||||||
| 17 | headings of Chapter IV, Article III of Chapter IV, Article IV | ||||||
| 18 | of Chapter IV, and Article V of Chapter IV as follows:
| ||||||
| 19 | (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
| ||||||
| 20 | Sec. 1-106.
"Developmental disability" means a disability | ||||||
| 21 | which is
attributable to: (a) an intellectual disability, | ||||||
| 22 | cerebral palsy, epilepsy or autism;
or (b) any other condition | ||||||
| 23 | which results in impairment similar to that
caused by an | ||||||
| 24 | intellectual disability and which requires services similar to | ||||||
| |||||||
| |||||||
| 1 | those
required by persons with an intellectual disability | ||||||
| 2 | intellectually disabled persons. Such disability must | ||||||
| 3 | originate before
the age of 18 years,
be expected to continue | ||||||
| 4 | indefinitely, and constitute
a substantial disability | ||||||
| 5 | handicap.
| ||||||
| 6 | (Source: P.A. 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 7 | (405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
| ||||||
| 8 | Sec. 1-125.
"Restraint" means direct restriction through | ||||||
| 9 | mechanical
means or personal physical force of the limbs, head | ||||||
| 10 | or body of a recipient.
The partial or total immobilization of | ||||||
| 11 | a recipient for the purpose
of performing a medical, surgical | ||||||
| 12 | or dental procedure or as
part of a medically prescribed | ||||||
| 13 | procedure for the treatment of an existing
physical disorder or | ||||||
| 14 | the amelioration of a physical disability handicap shall not
| ||||||
| 15 | constitute restraint, provided that the duration, nature and | ||||||
| 16 | purposes of
the procedures or immobilization are properly | ||||||
| 17 | documented in the
recipient's record and, that if the | ||||||
| 18 | procedures or immobilization are
applied continuously or | ||||||
| 19 | regularly for a period in excess of 24 hours, and
for every 24 | ||||||
| 20 | hour period thereafter during which the immobilization may
| ||||||
| 21 | continue, they are authorized in writing by a physician or | ||||||
| 22 | dentist; and
provided further, that any such immobilization | ||||||
| 23 | which extends for more than
30 days be reviewed by a physician | ||||||
| 24 | or dentist other than the one who
originally authorized the | ||||||
| 25 | immobilization.
| ||||||
| |||||||
| |||||||
| 1 | Momentary periods of physical restriction by direct | ||||||
| 2 | person-to-person
contact, without the aid of material or | ||||||
| 3 | mechanical devices, accomplished
with limited force, and that | ||||||
| 4 | are designed to prevent a recipient from
completing an act that | ||||||
| 5 | would result in potential physical harm to himself
or another | ||||||
| 6 | shall not constitute restraint, but shall be documented in the
| ||||||
| 7 | recipient's clinical record.
| ||||||
| 8 | (Source: P.A. 86-1402; 87-124.)
| ||||||
| 9 | (405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
| ||||||
| 10 | Sec. 2-101.
No recipient of services shall be presumed to | ||||||
| 11 | be a person under a legal disability legally disabled,
nor | ||||||
| 12 | shall such person be held to be a person under a legal | ||||||
| 13 | disability legally disabled except as determined by a
court. | ||||||
| 14 | Such determination shall be separate from a judicial proceeding | ||||||
| 15 | held
to determine whether a person is subject to involuntary | ||||||
| 16 | admission or meets
the standard for judicial admission.
| ||||||
| 17 | (Source: P.A. 85-971.)
| ||||||
| 18 | (405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
| ||||||
| 19 | Sec. 2-108. Use of restraint. Restraint may be used only as | ||||||
| 20 | a therapeutic
measure to prevent a recipient from causing | ||||||
| 21 | physical harm to himself or
physical abuse to others. Restraint | ||||||
| 22 | may only be applied by a person who has
been trained in the | ||||||
| 23 | application of the particular type of restraint to be
utilized. | ||||||
| 24 | In no event shall restraint be utilized to punish or discipline | ||||||
| |||||||
| |||||||
| 1 | a
recipient, nor is restraint to be used as a convenience for | ||||||
| 2 | the staff.
| ||||||
| 3 | (a) Except as provided in this Section, restraint shall be | ||||||
| 4 | employed only
upon the written order of a physician, clinical | ||||||
| 5 | psychologist, clinical social
worker, clinical professional | ||||||
| 6 | counselor, or registered nurse with supervisory | ||||||
| 7 | responsibilities. No restraint
shall be ordered unless the | ||||||
| 8 | physician, clinical psychologist, clinical social
worker, | ||||||
| 9 | clinical professional counselor, or registered nurse with | ||||||
| 10 | supervisory responsibilities, after personally
observing and | ||||||
| 11 | examining the recipient, is clinically satisfied that the use | ||||||
| 12 | of
restraint is justified to prevent the recipient from causing | ||||||
| 13 | physical harm to
himself or others. In no event may restraint | ||||||
| 14 | continue for longer than 2 hours
unless within that time period | ||||||
| 15 | a nurse with supervisory responsibilities or a
physician | ||||||
| 16 | confirms, in writing, following a personal examination of the
| ||||||
| 17 | recipient, that the restraint does not pose an undue risk to | ||||||
| 18 | the recipient's
health in light of the recipient's physical or | ||||||
| 19 | medical condition. The order
shall state the events leading up | ||||||
| 20 | to the need for restraint and the purposes
for which restraint | ||||||
| 21 | is employed. The order shall also state the length of time
| ||||||
| 22 | restraint is to be employed and the clinical justification for | ||||||
| 23 | that length of
time. No order for restraint shall be valid for | ||||||
| 24 | more than 16 hours. If
further restraint is required, a new | ||||||
| 25 | order must be issued pursuant to the
requirements provided in | ||||||
| 26 | this Section.
| ||||||
| |||||||
| |||||||
| 1 | (b) In the event there is an emergency requiring the | ||||||
| 2 | immediate use
of restraint, it may be ordered temporarily by a | ||||||
| 3 | qualified person only
where a physician, clinical | ||||||
| 4 | psychologist, clinical social worker, clinical professional | ||||||
| 5 | counselor, or
registered nurse with supervisory | ||||||
| 6 | responsibilities is not immediately
available. In that event, | ||||||
| 7 | an order by a nurse, clinical psychologist, clinical
social | ||||||
| 8 | worker, clinical professional counselor, or physician shall be | ||||||
| 9 | obtained pursuant to the requirements of
this Section as | ||||||
| 10 | quickly as possible, and the recipient shall be examined by a
| ||||||
| 11 | physician or supervisory nurse within 2 hours after the initial | ||||||
| 12 | employment of
the emergency restraint. Whoever orders | ||||||
| 13 | restraint in emergency situations shall
document its necessity | ||||||
| 14 | and place that documentation in the recipient's record.
| ||||||
| 15 | (c) The person who orders restraint shall inform the | ||||||
| 16 | facility director or
his designee in writing of the use of | ||||||
| 17 | restraint within 24 hours.
| ||||||
| 18 | (d) The facility director shall review all restraint orders | ||||||
| 19 | daily and shall
inquire into the reasons for the orders for | ||||||
| 20 | restraint by any person who
routinely orders them.
| ||||||
| 21 | (e) Restraint may be employed during all or part of one 24 | ||||||
| 22 | hour
period, the period commencing with the initial application | ||||||
| 23 | of the
restraint. However, once restraint has been employed | ||||||
| 24 | during one 24 hour
period, it shall not be used again on the | ||||||
| 25 | same recipient during the next
48 hours without the prior | ||||||
| 26 | written authorization of the facility director.
| ||||||
| |||||||
| |||||||
| 1 | (f) Restraint shall be employed in a humane and therapeutic | ||||||
| 2 | manner and
the person being restrained shall be observed by a | ||||||
| 3 | qualified person as often
as is clinically appropriate but in | ||||||
| 4 | no event less than once every 15 minutes.
The qualified person | ||||||
| 5 | shall maintain a record of the observations.
Specifically, | ||||||
| 6 | unless there is an immediate danger that the recipient
will | ||||||
| 7 | physically harm himself or others, restraint shall be loosely
| ||||||
| 8 | applied to permit freedom of movement. Further, the recipient | ||||||
| 9 | shall be
permitted to have regular meals and toilet privileges | ||||||
| 10 | free from the
restraint, except when freedom of action may | ||||||
| 11 | result in physical harm to
the recipient or others.
| ||||||
| 12 | (g) Every facility that employs restraint shall provide | ||||||
| 13 | training in the
safe and humane application of each type of | ||||||
| 14 | restraint employed.
The facility shall not authorize the use of | ||||||
| 15 | any type of restraint by an
employee who has not received | ||||||
| 16 | training in the safe and humane application
of that type of | ||||||
| 17 | restraint. Each facility in which restraint is used shall
| ||||||
| 18 | maintain records detailing which employees have been trained | ||||||
| 19 | and are
authorized to apply restraint, the date of the training | ||||||
| 20 | and the type of
restraint that the employee was trained to use.
| ||||||
| 21 | (h) Whenever restraint is imposed upon any recipient whose | ||||||
| 22 | primary mode
of communication is sign language, the recipient | ||||||
| 23 | shall be permitted to have
his hands free from restraint for | ||||||
| 24 | brief periods each hour, except
when freedom may result in | ||||||
| 25 | physical harm to the recipient or others.
| ||||||
| 26 | (i) A recipient who is restrained may only be secluded at | ||||||
| |||||||
| |||||||
| 1 | the same time
pursuant to an explicit written authorization as | ||||||
| 2 | provided in Section 2-109
of this Code. Whenever a recipient is | ||||||
| 3 | restrained, a member of the facility
staff shall remain with | ||||||
| 4 | the recipient at all times unless the recipient has
been | ||||||
| 5 | secluded. A recipient who is restrained and secluded shall be
| ||||||
| 6 | observed by a qualified person as often as is clinically | ||||||
| 7 | appropriate but in
no event less than every 15 minutes.
| ||||||
| 8 | (j) Whenever restraint is used, the recipient shall be | ||||||
| 9 | advised of his
right, pursuant to Sections 2-200 and 2-201 of | ||||||
| 10 | this Code, to have any
person of his choosing, including the | ||||||
| 11 | Guardianship and Advocacy Commission
or the agency designated | ||||||
| 12 | pursuant to the Protection and Advocacy for
Persons with | ||||||
| 13 | Developmental Disabilities Developmentally Disabled Persons | ||||||
| 14 | Act notified of the restraint. A recipient
who is under | ||||||
| 15 | guardianship may request that any person of his choosing be
| ||||||
| 16 | notified of the restraint whether or not the guardian approves | ||||||
| 17 | of the notice.
Whenever the Guardianship and Advocacy | ||||||
| 18 | Commission is notified that a recipient
has been restrained, it | ||||||
| 19 | shall contact that recipient to determine the
circumstances of | ||||||
| 20 | the restraint and whether further action is warranted.
| ||||||
| 21 | (Source: P.A. 98-137, eff. 8-2-13.)
| ||||||
| 22 | (405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
| ||||||
| 23 | Sec. 2-114.
(a) Whenever an attorney or other advocate from | ||||||
| 24 | the
Guardianship and Advocacy Commission or the agency | ||||||
| 25 | designated by the
Governor under Section 1 of the Protection | ||||||
| |||||||
| |||||||
| 1 | and Advocacy for Persons with Developmental Disabilities | ||||||
| 2 | Developmentally
Disabled Persons Act or any
other attorney | ||||||
| 3 | advises a facility in which a recipient is receiving
inpatient | ||||||
| 4 | mental health services that he is presently representing the
| ||||||
| 5 | recipient, or has been appointed by any court or administrative | ||||||
| 6 | agency to
do so or has been requested to represent the | ||||||
| 7 | recipient by a member of the
recipient's family, the facility | ||||||
| 8 | shall, subject to the provisions of
Section 2-113 of this Code, | ||||||
| 9 | disclose to the attorney or advocate
whether the recipient is | ||||||
| 10 | presently residing in the facility and, if so,
how the attorney | ||||||
| 11 | or advocate may communicate with the recipient.
| ||||||
| 12 | (b) The facility may take reasonable precautions to | ||||||
| 13 | identify the
attorney or advocate. No further information shall | ||||||
| 14 | be disclosed to the
attorney or advocate except in conformity | ||||||
| 15 | with the authorization procedures
contained in the Mental | ||||||
| 16 | Health and Developmental Disabilities
Confidentiality Act.
| ||||||
| 17 | (c) Whenever the location of the recipient has been | ||||||
| 18 | disclosed to an
attorney or advocate, the facility director | ||||||
| 19 | shall inform the recipient of
that fact and shall note this | ||||||
| 20 | disclosure in the recipient's records.
| ||||||
| 21 | (d) An attorney or advocate who receives any information | ||||||
| 22 | under this
Section may not disclose this information to anyone | ||||||
| 23 | else without the
written consent of the recipient obtained | ||||||
| 24 | pursuant to Section 5 of the Mental
Health and Developmental | ||||||
| 25 | Disabilities Confidentiality Act.
| ||||||
| 26 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
| ||||||
| 2 | Sec. 3-200.
(a) A person may be admitted as an inpatient to | ||||||
| 3 | a mental
health facility for treatment of mental illness only | ||||||
| 4 | as provided in this
Chapter, except that a person may be | ||||||
| 5 | transferred by the Department of
Corrections pursuant to the | ||||||
| 6 | Unified Code of Corrections. A person transferred
by the | ||||||
| 7 | Department of Corrections in this manner may be released only | ||||||
| 8 | as
provided in the Unified Code of Corrections.
| ||||||
| 9 | (b) No person who is diagnosed as a person with an
| ||||||
| 10 | intellectual disability intellectually disabled or a person | ||||||
| 11 | with a
developmental disability may be admitted or transferred | ||||||
| 12 | to a Department mental
health facility or, any portion thereof, | ||||||
| 13 | except as provided in this Chapter.
However, the evaluation and | ||||||
| 14 | placement of such persons shall be governed by
Article II of | ||||||
| 15 | Chapter 4 of this Code.
| ||||||
| 16 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 17 | (405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
| ||||||
| 18 | Sec. 3-400. Voluntary admission to mental health facility. | ||||||
| 19 | (a) Any person 16 or older, including a person adjudicated | ||||||
| 20 | a person with a disability disabled person, may be admitted to | ||||||
| 21 | a mental health
facility as a voluntary recipient for treatment | ||||||
| 22 | of a mental illness upon the
filing of an application with the | ||||||
| 23 | facility director of the facility if the
facility director | ||||||
| 24 | determines and documents in the recipient's medical record that | ||||||
| |||||||
| |||||||
| 1 | the person (1) is clinically suitable for admission as a | ||||||
| 2 | voluntary recipient and (2) has the capacity to consent to | ||||||
| 3 | voluntary admission. | ||||||
| 4 | (b) For purposes of consenting to voluntary admission, a | ||||||
| 5 | person has the capacity to consent to voluntary admission if, | ||||||
| 6 | in the professional judgment of the facility director or his or | ||||||
| 7 | her designee, the person is able to understand that: | ||||||
| 8 | (1) He or she is being admitted to a mental health | ||||||
| 9 | facility. | ||||||
| 10 | (2) He or she may request discharge at any time. The | ||||||
| 11 | request must be in writing, and discharge is not automatic. | ||||||
| 12 | (3) Within 5 business days after receipt of the written | ||||||
| 13 | request for discharge, the facility must either discharge | ||||||
| 14 | the person or initiate commitment proceedings.
| ||||||
| 15 | (c) No mental health facility shall require the completion | ||||||
| 16 | of a petition or certificate as a condition of accepting the | ||||||
| 17 | admission of a recipient who is being transported to that | ||||||
| 18 | facility from any other inpatient or outpatient healthcare | ||||||
| 19 | facility if the recipient has completed an application for | ||||||
| 20 | voluntary admission to the receiving facility pursuant to this | ||||||
| 21 | Section. | ||||||
| 22 | (Source: P.A. 96-612, eff. 1-1-10; 97-375, eff. 8-15-11.)
| ||||||
| 23 | (405 ILCS 5/Ch. IV heading) | ||||||
| 24 | CHAPTER IV
| ||||||
| 25 | ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES
| ||||||
| |||||||
| |||||||
| 1 | FOR PERSONS WITH DEVELOPMENTAL DISABILITIES THE | ||||||
| 2 | DEVELOPMENTALLY DISABLED
| ||||||
| 3 | (405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
| ||||||
| 4 | Sec. 4-201.
(a) A person with an intellectual disability An | ||||||
| 5 | intellectually disabled person shall not reside in a Department
| ||||||
| 6 | mental health facility unless the person is evaluated and is | ||||||
| 7 | determined to be a
person with mental illness and the facility | ||||||
| 8 | director determines that
appropriate treatment and | ||||||
| 9 | habilitation are available and will be provided
to such person | ||||||
| 10 | on the unit. In all such cases the Department mental health
| ||||||
| 11 | facility director shall certify in writing within 30 days of | ||||||
| 12 | the completion
of the evaluation and every 30 days thereafter, | ||||||
| 13 | that the person has been
appropriately evaluated, that services | ||||||
| 14 | specified in the treatment and
habilitation plan are being | ||||||
| 15 | provided, that the setting in which services
are being provided | ||||||
| 16 | is appropriate to the person's needs, and that
provision of | ||||||
| 17 | such services fully complies with all applicable federal
| ||||||
| 18 | statutes and regulations concerning the provision of services | ||||||
| 19 | to persons with
a developmental disability. Those regulations | ||||||
| 20 | shall include, but not be
limited to the regulations which | ||||||
| 21 | govern the provision of services to persons
with a | ||||||
| 22 | developmental disability in facilities certified under the | ||||||
| 23 | Social
Security Act for federal financial participation, | ||||||
| 24 | whether or not the facility
or portion thereof in which the | ||||||
| 25 | recipient has been placed is presently
certified under the | ||||||
| |||||||
| |||||||
| 1 | Social Security Act or would be eligible for such
certification | ||||||
| 2 | under applicable federal regulations. The certifications shall | ||||||
| 3 | be
filed in the recipient's record and with the office of the | ||||||
| 4 | Secretary of the Department. A copy of the certification shall | ||||||
| 5 | be given to
the person, an attorney or advocate who is | ||||||
| 6 | representing the person and the
person's guardian.
| ||||||
| 7 | (b) Any person admitted to a Department mental health | ||||||
| 8 | facility who is
reasonably suspected of having a mild or | ||||||
| 9 | moderate intellectual disability being mildly or moderately | ||||||
| 10 | intellectually disabled,
including those who also have a mental | ||||||
| 11 | illness, shall be evaluated by a
multidisciplinary team which | ||||||
| 12 | includes a qualified intellectual disabilities
professional | ||||||
| 13 | designated by the Department facility director. The evaluation
| ||||||
| 14 | shall be consistent with Section 4-300 of Article III in this | ||||||
| 15 | Chapter, and
shall include: (1) a written assessment of whether | ||||||
| 16 | the person needs a
habilitation plan and, if so, (2) a written | ||||||
| 17 | habilitation
plan consistent
with Section 4-309, and (3) a | ||||||
| 18 | written determination whether the admitting
facility is | ||||||
| 19 | capable of providing the specified habilitation services. This
| ||||||
| 20 | evaluation shall occur within a reasonable period of time, but | ||||||
| 21 | in no case
shall that period exceed 14 days after admission. In | ||||||
| 22 | all events, a
treatment plan shall be prepared for the person | ||||||
| 23 | within 3 days of admission,
and reviewed and updated every 30 | ||||||
| 24 | days, consistent with Section 3-209 of
this Code.
| ||||||
| 25 | (c) Any person admitted to a Department mental health | ||||||
| 26 | facility with an
admitting diagnosis of a severe or profound | ||||||
| |||||||
| |||||||
| 1 | intellectual disability shall be
transferred to an appropriate | ||||||
| 2 | facility or unit for persons with a
developmental disability | ||||||
| 3 | within 72 hours of admission unless transfer is
contraindicated | ||||||
| 4 | by the person's medical condition documented by appropriate
| ||||||
| 5 | medical personnel. Any person diagnosed with a severe or | ||||||
| 6 | profound intellectual disability as severely or profoundly | ||||||
| 7 | intellectually disabled while in a Department mental health | ||||||
| 8 | facility shall be transferred to
an appropriate facility or | ||||||
| 9 | unit for persons with a developmental disability
within 72 | ||||||
| 10 | hours of such diagnosis unless transfer is contraindicated by | ||||||
| 11 | the
person's medical condition documented by appropriate | ||||||
| 12 | medical personnel.
| ||||||
| 13 | (d) The Secretary of the Department shall designate a
| ||||||
| 14 | qualified intellectual disabilities professional in each of | ||||||
| 15 | its mental health facilities who has
responsibility for | ||||||
| 16 | insuring compliance with the provisions of Sections
4-201 and | ||||||
| 17 | 4-201.1.
| ||||||
| 18 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 19 | (405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
| ||||||
| 20 | Sec. 4-201.1.
(a) A person residing in a Department mental | ||||||
| 21 | health facility who is evaluated as having a mild or moderate | ||||||
| 22 | intellectual disability being mildly or moderately | ||||||
| 23 | intellectually disabled,
an attorney or advocate representing | ||||||
| 24 | the person, or a guardian of such
person may object to the | ||||||
| 25 | Department facility director's certification
required in | ||||||
| |||||||
| |||||||
| 1 | Section 4-201, the treatment and habilitation plan, or
| ||||||
| 2 | appropriateness of setting, and obtain an administrative | ||||||
| 3 | decision requiring
revision of a treatment or habilitation plan | ||||||
| 4 | or change of setting, by
utilization review as provided in | ||||||
| 5 | Sections 3-207 and 4-209 of this
Code. As part of this | ||||||
| 6 | utilization review, the Committee shall
include as one of its | ||||||
| 7 | members a qualified intellectual disabilities professional.
| ||||||
| 8 | (b) The mental health facility director shall give written | ||||||
| 9 | notice to
each person evaluated as having a mild or moderate | ||||||
| 10 | intellectual disability being mildly or moderately | ||||||
| 11 | intellectually disabled, the
person's attorney and guardian, | ||||||
| 12 | if any, or in the case of a minor, to his
or her attorney, to | ||||||
| 13 | the parent, guardian or person in loco parentis and to
the | ||||||
| 14 | minor if 12 years of age or older, of the person's right to | ||||||
| 15 | request a
review of the facility director's initial or | ||||||
| 16 | subsequent determination that
such person is appropriately | ||||||
| 17 | placed or is receiving appropriate services.
The notice shall | ||||||
| 18 | also provide the address and phone number of the Legal
Advocacy | ||||||
| 19 | Service of the Guardianship and Advocacy Commission, which the
| ||||||
| 20 | person or guardian can contact for legal assistance. If | ||||||
| 21 | requested, the
facility director shall assist the person or | ||||||
| 22 | guardian in contacting the
Legal Advocacy Service. This notice | ||||||
| 23 | shall be given within 24 hours of
Department's evaluation that | ||||||
| 24 | the person has a mild or moderate intellectual disability is | ||||||
| 25 | mildly or moderately intellectually disabled.
| ||||||
| 26 | (c) Any recipient of services who successfully challenges a | ||||||
| |||||||
| |||||||
| 1 | final
decision of the Secretary of the Department (or his or | ||||||
| 2 | her designee) reviewing an objection to the certification | ||||||
| 3 | required under Section
4-201, the treatment and habilitation | ||||||
| 4 | plan, or the appropriateness of the
setting shall be entitled | ||||||
| 5 | to recover reasonable attorney's fees incurred in
that | ||||||
| 6 | challenge, unless the Department's position was substantially | ||||||
| 7 | justified.
| ||||||
| 8 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 9 | (405 ILCS 5/Ch. IV Art. III heading) | ||||||
| 10 | ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
| ||||||
| 11 | OF PERSONS WITH DEVELOPMENTAL DISABILITIES THE DEVELOPMENTALLY | ||||||
| 12 | DISABLED
| ||||||
| 13 | (405 ILCS 5/Ch. IV Art. IV heading) | ||||||
| 14 | ARTICLE IV. EMERGENCY ADMISSION
| ||||||
| 15 | OF PERSONS WITH INTELLECTUAL DISABILITIES THE INTELLECTUALLY | ||||||
| 16 | DISABLED
| ||||||
| 17 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 18 | (405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
| ||||||
| 19 | Sec. 4-400.
(a) A person 18 years of age or older may be | ||||||
| 20 | admitted on an
emergency basis to a facility under this Article | ||||||
| 21 | if the facility director
of the facility determines: (1) that | ||||||
| 22 | he is a person with an intellectual disability intellectually | ||||||
| 23 | disabled; (2) that he is
reasonably expected to inflict serious | ||||||
| |||||||
| |||||||
| 1 | physical harm upon himself or another
in the near future; and | ||||||
| 2 | (3) that immediate admission is necessary to prevent
such harm.
| ||||||
| 3 | (b) Persons with a developmental disability under 18 years | ||||||
| 4 | of age and
persons with a developmental disability 18 years of | ||||||
| 5 | age or over who are under
guardianship or who are seeking | ||||||
| 6 | admission on their own behalf may be admitted
for emergency | ||||||
| 7 | care under Section 4-311.
| ||||||
| 8 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 9 | (405 ILCS 5/Ch. IV Art. V heading) | ||||||
| 10 | ARTICLE V. JUDICIAL ADMISSION FOR THE | ||||||
| 11 | PERSONS WITH INTELLECTUAL DISABILITIES INTELLECTUALLY DISABLED
| ||||||
| 12 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 13 | (405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
| ||||||
| 14 | Sec. 4-500.
A person 18 years of age or older may be | ||||||
| 15 | admitted to a facility
upon court order under this Article if | ||||||
| 16 | the court determines: (1) that he is
a person with an | ||||||
| 17 | intellectual disability intellectually disabled; and (2) that | ||||||
| 18 | he is reasonably expected to inflict serious
physical harm upon | ||||||
| 19 | himself or another in the near future.
| ||||||
| 20 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 21 | (405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
| ||||||
| 22 | Sec. 4-701.
(a) Any client admitted to a developmental | ||||||
| 23 | disabilities facility
under this Chapter may be
discharged | ||||||
| |||||||
| |||||||
| 1 | whenever the facility director determines that he is suitable | ||||||
| 2 | for discharge.
| ||||||
| 3 | (b) Any client admitted to a facility or program of | ||||||
| 4 | nonresidential services
upon court order under Article V
of | ||||||
| 5 | this Chapter or admitted upon court order as a person with an | ||||||
| 6 | intellectual disability or as intellectually disabled or | ||||||
| 7 | mentally
deficient under any prior statute
shall be discharged | ||||||
| 8 | whenever the facility director determines that he no
longer | ||||||
| 9 | meets the standard for judicial
admission. When the facility | ||||||
| 10 | director believes that continued residence
is advisable for | ||||||
| 11 | such a client, he shall
inform the client and his guardian, if | ||||||
| 12 | any, that the client may remain at
the facility on | ||||||
| 13 | administrative
admission status. When a facility director | ||||||
| 14 | discharges or changes the status
of such client, he shall | ||||||
| 15 | promptly notify the clerk of the court who shall
note the | ||||||
| 16 | action in the court record.
| ||||||
| 17 | (c) When the facility director discharges a client pursuant | ||||||
| 18 | to subsection
(b) of this Section, he shall promptly notify the | ||||||
| 19 | State's Attorney of the
county in which the client resided | ||||||
| 20 | immediately prior to his admission to
a developmental | ||||||
| 21 | disabilities facility. Upon receipt of such notice, the State's
| ||||||
| 22 | Attorney may notify such peace officers that he deems | ||||||
| 23 | appropriate.
| ||||||
| 24 | (d) The facility director may grant a temporary release to | ||||||
| 25 | any client
when such release is appropriate and
consistent with | ||||||
| 26 | the habilitation needs of the client.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13.)
| ||||||
| 2 | (405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
| ||||||
| 3 | Sec. 5-105.
Each recipient of services provided directly or | ||||||
| 4 | funded by
the Department and the estate of that recipient is | ||||||
| 5 | liable for the payment
of sums representing charges for | ||||||
| 6 | services to the recipient at a rate to be
determined by the | ||||||
| 7 | Department in accordance with this Act. If a recipient
is a | ||||||
| 8 | beneficiary of a trust described in Section 15.1 of the Trusts | ||||||
| 9 | and
Trustees Act, the trust shall not be considered a part of | ||||||
| 10 | the recipient's
estate and shall not be subject to payment for | ||||||
| 11 | services to the recipient
under this Section except to the | ||||||
| 12 | extent permitted under Section 15.1 of the
Trusts and Trustees | ||||||
| 13 | Act. If the recipient is unable to pay or if the estate
of the | ||||||
| 14 | recipient is insufficient, the responsible relatives are | ||||||
| 15 | severally
liable for the payment of those sums or for the | ||||||
| 16 | balance due in case less
than the amount prescribed under this | ||||||
| 17 | Act has been paid. If the recipient
is under the age of 18, the | ||||||
| 18 | recipient and responsible relative shall be liable
for medical | ||||||
| 19 | costs on a case-by-case basis for services for the diagnosis
| ||||||
| 20 | and treatment of conditions other than that child's disabling | ||||||
| 21 | handicapping condition.
The liability shall be the lesser of | ||||||
| 22 | the cost of medical care or the
amount of responsible relative | ||||||
| 23 | liability established by the Department
under Section 5-116. | ||||||
| 24 | Any person 18 through 21 years of age who is
receiving services | ||||||
| 25 | under the Education for All Handicapped Children Act of
1975 | ||||||
| |||||||
| |||||||
| 1 | (Public Law 94-142) or that person's responsible relative shall | ||||||
| 2 | only
be liable for medical costs on a case-by-case basis for | ||||||
| 3 | services for the
diagnosis and treatment of conditions other | ||||||
| 4 | than the person's disabling handicapping
condition. The | ||||||
| 5 | liability shall be the lesser of the cost of medical care
or | ||||||
| 6 | the amount of responsible relative liability established by the
| ||||||
| 7 | Department under Section 5-116. In the case of any person who | ||||||
| 8 | has received
residential services from the Department, whether | ||||||
| 9 | directly from the
Department or through a public or private | ||||||
| 10 | agency or entity funded by the
Department, the liability shall | ||||||
| 11 | be the same regardless of the source of
services. The maximum | ||||||
| 12 | services charges for each recipient assessed against
| ||||||
| 13 | responsible relatives collectively may not exceed financial | ||||||
| 14 | liability
determined from income in accordance with Section | ||||||
| 15 | 5-116. Where the
recipient is placed in a nursing home or other | ||||||
| 16 | facility outside the
Department, the Department may pay the | ||||||
| 17 | actual cost of services in that
facility and may collect | ||||||
| 18 | reimbursement for the entire amount paid from the
recipient or | ||||||
| 19 | an amount not to exceed those amounts determined under Section
| ||||||
| 20 | 5-116 from responsible relatives according to their | ||||||
| 21 | proportionate ability
to contribute to those charges. The | ||||||
| 22 | liability of each responsible relative
for payment of services | ||||||
| 23 | charges ceases when payments on the basis of
financial ability | ||||||
| 24 | have been made for a total of 12 years for any recipient,
and | ||||||
| 25 | any portion of that 12 year period during which a responsible | ||||||
| 26 | relative
has been determined by the Department to be | ||||||
| |||||||
| |||||||
| 1 | financially unable to pay any
services charges must be included | ||||||
| 2 | in fixing the total period of liability.
No child is liable | ||||||
| 3 | under this Act for services to a parent. No spouse is
liable | ||||||
| 4 | under this Act for the services to the other spouse who | ||||||
| 5 | wilfully
failed to contribute to the spouse's support for a | ||||||
| 6 | period of 5 years
immediately preceding his or her admission. | ||||||
| 7 | Any spouse claiming exemption
because of wilful failure to | ||||||
| 8 | support during any such 5 year period must
furnish the | ||||||
| 9 | Department with clear and convincing evidence substantiating
| ||||||
| 10 | the claim. No parent is liable under this Act for the services | ||||||
| 11 | charges
incurred by a child after the child reaches the age of | ||||||
| 12 | majority. Nothing
in this Section shall preclude the Department | ||||||
| 13 | from applying federal
benefits that are specifically provided | ||||||
| 14 | for the care and treatment of a
person with a disability | ||||||
| 15 | disabled person toward the cost of care provided by a State | ||||||
| 16 | facility or
private agency.
| ||||||
| 17 | (Source: P.A. 87-311; 88-380.)
| ||||||
| 18 | (405 ILCS 5/6-103.1) | ||||||
| 19 | Sec. 6-103.1. Adjudication as a person with a mental | ||||||
| 20 | disability mentally disabled person. When a person has been | ||||||
| 21 | adjudicated as a person with a mental disability mentally | ||||||
| 22 | disabled person as defined in Section 1.1 of the Firearm Owners | ||||||
| 23 | Identification Card Act, including, but not limited to, an | ||||||
| 24 | adjudication as a person with a disability disabled person as | ||||||
| 25 | defined in Section 11a-2 of the Probate Act of 1975, the court | ||||||
| |||||||
| |||||||
| 1 | shall direct
the circuit court clerk to notify the
Department | ||||||
| 2 | of State Police, Firearm Owner's Identification
(FOID) Office, | ||||||
| 3 | in a form and manner prescribed by the Department of State | ||||||
| 4 | Police, and shall forward a copy of the court order to the | ||||||
| 5 | Department no later than 7 days after the entry of the order. | ||||||
| 6 | Upon receipt of the order, the Department of State Police shall | ||||||
| 7 | provide notification to the National Instant Criminal | ||||||
| 8 | Background Check System.
| ||||||
| 9 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
| ||||||
| 10 | (405 ILCS 5/6-103.2) | ||||||
| 11 | Sec. 6-103.2. Developmental disability; notice. For | ||||||
| 12 | purposes of this Section, if a person is determined to be a | ||||||
| 13 | person with a developmental disability developmentally | ||||||
| 14 | disabled as defined in Section 1.1 of the Firearm Owners | ||||||
| 15 | Identification Card Act by a physician, clinical psychologist, | ||||||
| 16 | or qualified examiner, whether practicing at a public or by a | ||||||
| 17 | private mental health facility or developmental disability | ||||||
| 18 | facility, the physician, clinical psychologist, or qualified | ||||||
| 19 | examiner shall notify the Department of Human Services within | ||||||
| 20 | 24 hours of making the determination that the person has a | ||||||
| 21 | developmental disability. The Department of Human Services | ||||||
| 22 | shall immediately update its records and information relating | ||||||
| 23 | to mental health and developmental disabilities, and if | ||||||
| 24 | appropriate, shall notify the Department of State Police in a | ||||||
| 25 | form and manner prescribed by the Department of State Police. | ||||||
| |||||||
| |||||||
| 1 | Information disclosed under this Section shall remain | ||||||
| 2 | privileged and confidential, and shall not be redisclosed, | ||||||
| 3 | except as required under subsection (e) of Section 3.1 of the | ||||||
| 4 | Firearm Owners Identification Card Act, nor used for any other | ||||||
| 5 | purpose. The method of providing this information shall | ||||||
| 6 | guarantee that the information is not released beyond that | ||||||
| 7 | which is necessary for the purpose of this Section and shall be | ||||||
| 8 | provided by rule by the Department of Human Services. The | ||||||
| 9 | identity of the person reporting under this Section shall not | ||||||
| 10 | be disclosed to the subject of the report. | ||||||
| 11 | The physician, clinical psychologist, or qualified | ||||||
| 12 | examiner making the determination and his or her employer may | ||||||
| 13 | not be held criminally, civilly, or professionally liable for | ||||||
| 14 | making or not making the notification required under this | ||||||
| 15 | Section, except for willful or wanton misconduct.
| ||||||
| 16 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 17 | Section 770. The Community Mental Health Act is amended by | ||||||
| 18 | changing the title of the Act as follows:
| ||||||
| 19 | (405 ILCS 20/Act title)
| ||||||
| 20 | An Act relating to community mental health facilities and | ||||||
| 21 | services, including
those for persons with developmental | ||||||
| 22 | disabilities the developmentally disabled and the substance | ||||||
| 23 | abusers abuser.
| ||||||
| |||||||
| |||||||
| 1 | Section 775. The Specialized Living Centers Act is amended | ||||||
| 2 | by changing the title of the Act and by changing Section 2.03 | ||||||
| 3 | as follows:
| ||||||
| 4 | (405 ILCS 25/Act title)
| ||||||
| 5 | An Act in relation to specialized living centers for | ||||||
| 6 | persons with developmental disabilities the
developmentally | ||||||
| 7 | disabled and to amend Acts therein named in connection
| ||||||
| 8 | therewith.
| ||||||
| 9 | (405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
| ||||||
| 10 | Sec. 2.03.
"Person with a developmental disability" means | ||||||
| 11 | individuals whose
disability is attributable to an | ||||||
| 12 | intellectual disability, cerebral palsy, epilepsy or
other | ||||||
| 13 | neurological condition which generally originates before such | ||||||
| 14 | individuals
attain age 18 which had continued or can be | ||||||
| 15 | expected to continue indefinitely
and which constitutes a | ||||||
| 16 | substantial disability handicap to such individuals.
| ||||||
| 17 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 18 | Section 780. The Community Services Act is amended by | ||||||
| 19 | changing the title of the Act and Sections 1, 2, 3, and 4.4 as | ||||||
| 20 | follows:
| ||||||
| 21 | (405 ILCS 30/Act title)
| ||||||
| 22 | An Act to facilitate the establishment of community | ||||||
| |||||||
| |||||||
| 1 | services for persons
who are mentally ill, developmentally | ||||||
| 2 | disabled, alcohol dependent, or addicted or who are persons | ||||||
| 3 | with developmental disabilities.
| ||||||
| 4 | (405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
| ||||||
| 5 | Sec. 1. Purpose. It is declared to be the policy and intent | ||||||
| 6 | of the Illinois
General Assembly that the Department of Human | ||||||
| 7 | Services assume leadership in
facilitating the establishment | ||||||
| 8 | of
comprehensive
and coordinated arrays of private and public | ||||||
| 9 | services for persons with mental
illness, persons with a | ||||||
| 10 | developmental disability, and alcohol and drug
dependent | ||||||
| 11 | citizens residing in communities throughout the state. The
| ||||||
| 12 | Department shall work
in partnership with local government | ||||||
| 13 | entities, direct service providers,
voluntary
associations and | ||||||
| 14 | communities to create a system that is sensitive to the needs
| ||||||
| 15 | of local communities and which complements existing family and | ||||||
| 16 | other natural
supports, social institutions and programs.
| ||||||
| 17 | The goals of the service system shall include but not be | ||||||
| 18 | limited to the
following: to strengthen the disabled | ||||||
| 19 | individual's independence, self-esteem,
and ability of the | ||||||
| 20 | individual with a disability to participate in and contribute | ||||||
| 21 | to community life; to insure
continuity of care for clients; to | ||||||
| 22 | enable persons with disabilities disabled persons to access | ||||||
| 23 | needed
services, commensurate with their individual wishes and | ||||||
| 24 | needs, regardless
of where they reside in the state; to prevent | ||||||
| 25 | unnecessary institutionalization
and the dislocation of | ||||||
| |||||||
| |||||||
| 1 | individuals from their home communities; to provide
a range of | ||||||
| 2 | services so that persons can receive these services in settings
| ||||||
| 3 | which do not unnecessarily restrict their liberty; and to | ||||||
| 4 | encourage clients
to move among settings as their needs change.
| ||||||
| 5 | The system shall include provision of services in the areas | ||||||
| 6 | of prevention,
client assessment and diagnosis, case | ||||||
| 7 | coordination, crisis and emergency
care, treatment and | ||||||
| 8 | habilitation and support services, and community
residential | ||||||
| 9 | alternatives to institutional settings. The General Assembly
| ||||||
| 10 | recognizes that community programs are an integral part of the | ||||||
| 11 | larger service
system, which includes state-operated | ||||||
| 12 | facilities for persons who cannot receive
appropriate services | ||||||
| 13 | in the community.
| ||||||
| 14 | Towards achievement of these ends, the Department of Human | ||||||
| 15 | Services, working
in coordination with other State agencies, | ||||||
| 16 | shall assume responsibilities
pursuant to this Act, which | ||||||
| 17 | includes activities in the areas of planning,
quality | ||||||
| 18 | assurance, program evaluation, community education, and the | ||||||
| 19 | provision
of financial and technical assistance to local | ||||||
| 20 | provider agencies.
| ||||||
| 21 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
| 22 | (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
| ||||||
| 23 | Sec. 2. Community Services System. Services should be | ||||||
| 24 | planned,
developed, delivered and evaluated as part of a | ||||||
| 25 | comprehensive and
coordinated system. The Department of Human | ||||||
| |||||||
| |||||||
| 1 | Services
shall encourage the establishment of services in each | ||||||
| 2 | area of the State
which cover the services categories described | ||||||
| 3 | below. What specific
services are provided under each service | ||||||
| 4 | category shall be based on local
needs; special attention shall | ||||||
| 5 | be given to unserved and underserved
populations, including | ||||||
| 6 | children and youth, racial and ethnic minorities,
and the | ||||||
| 7 | elderly. The service categories shall include:
| ||||||
| 8 | (a) Prevention: services designed primarily to reduce | ||||||
| 9 | the incidence
and ameliorate the severity of developmental | ||||||
| 10 | disabilities, mental illness and
alcohol and drug | ||||||
| 11 | dependence;
| ||||||
| 12 | (b) Client Assessment and Diagnosis: services designed | ||||||
| 13 | to identify
persons with developmental disabilities, | ||||||
| 14 | mental illness and alcohol and
drug dependency; to | ||||||
| 15 | determine the extent of the disability and the level of
| ||||||
| 16 | functioning; to ensure that the individual's need for | ||||||
| 17 | treatment of mental disorders or substance use disorders or | ||||||
| 18 | co-occurring substance use and mental health disorders is | ||||||
| 19 | determined using a uniform screening, assessment, and | ||||||
| 20 | evaluation process inclusive of criteria; for purposes of | ||||||
| 21 | this subsection (b), a uniform screening, assessment, and | ||||||
| 22 | evaluation process refers to a process that includes an | ||||||
| 23 | appropriate evaluation and, as warranted, a referral; | ||||||
| 24 | "uniform" does not mean the use of a singular instrument, | ||||||
| 25 | tool, or process that all must utilize; information | ||||||
| 26 | obtained through client evaluation can be used in
| ||||||
| |||||||
| |||||||
| 1 | individual treatment and habilitation plans; to assure | ||||||
| 2 | appropriate
placement and to assist in program evaluation;
| ||||||
| 3 | (c) Case Coordination: services to provide information | ||||||
| 4 | and assistance to
persons with disabilities to ensure | ||||||
| 5 | disabled persons to insure that they obtain needed services | ||||||
| 6 | provided by the
private and public sectors; case | ||||||
| 7 | coordination services should be available
to individuals | ||||||
| 8 | whose functioning level or history of institutional
| ||||||
| 9 | recidivism or long-term care indicate that such assistance | ||||||
| 10 | is required for
successful community living;
| ||||||
| 11 | (d) Crisis and Emergency: services to assist | ||||||
| 12 | individuals and
their families through crisis periods, to | ||||||
| 13 | stabilize individuals under stress
and to prevent | ||||||
| 14 | unnecessary institutionalization;
| ||||||
| 15 | (e) Treatment, Habilitation and Support: services | ||||||
| 16 | designed to help
individuals develop skills which promote | ||||||
| 17 | independence and improved levels
of social and vocational | ||||||
| 18 | functioning and personal growth; and to provide
| ||||||
| 19 | non-treatment support services which are necessary for | ||||||
| 20 | successful
community living;
| ||||||
| 21 | (f) Community Residential Alternatives to | ||||||
| 22 | Institutional Settings:
services to provide living | ||||||
| 23 | arrangements for persons unable to live
independently; the | ||||||
| 24 | level of supervision, services provided and length of
stay | ||||||
| 25 | at community residential alternatives will vary by the type | ||||||
| 26 | of program
and the needs and functioning level of the | ||||||
| |||||||
| |||||||
| 1 | residents; other services may be
provided in a community | ||||||
| 2 | residential alternative which promote the
acquisition of | ||||||
| 3 | independent living skills and integration with the | ||||||
| 4 | community.
| ||||||
| 5 | (Source: P.A. 97-1061, eff. 8-24-12.)
| ||||||
| 6 | (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
| ||||||
| 7 | Sec. 3. Responsibilities for Community Services. Pursuant
| ||||||
| 8 | to this Act, the Department of Human Services
shall facilitate | ||||||
| 9 | the
establishment of a comprehensive and coordinated array of | ||||||
| 10 | community services
based upon a federal, State and local | ||||||
| 11 | partnership. In order to assist in
implementation of this Act, | ||||||
| 12 | the Department shall prescribe and publish rules
and
| ||||||
| 13 | regulations. The Department may request the assistance of other
| ||||||
| 14 | State agencies, local
government entities, direct services | ||||||
| 15 | providers, trade associations, and others in the development of
| ||||||
| 16 | these regulations or other policies related to community | ||||||
| 17 | services.
| ||||||
| 18 | The Department shall assume the following roles and | ||||||
| 19 | responsibilities for
community services:
| ||||||
| 20 | (a) Service Priorities. Within the service categories | ||||||
| 21 | described in Section
2 of this Act, establish and publish | ||||||
| 22 | priorities for community services to
be rendered, and priority | ||||||
| 23 | populations to receive these services.
| ||||||
| 24 | (b) Planning. By January 1, 1994 and by January 1 of each | ||||||
| 25 | third year
thereafter, prepare and publish a Plan which | ||||||
| |||||||
| |||||||
| 1 | describes goals and objectives for
community services | ||||||
| 2 | state-wide and for regions and subregions needs assessment,
| ||||||
| 3 | steps and time-tables for implementation of the goals also | ||||||
| 4 | shall be included;
programmatic goals and objectives for | ||||||
| 5 | community services shall cover the
service categories defined | ||||||
| 6 | in Section 2 of this Act; the Department shall insure local
| ||||||
| 7 | participation in the planning process.
| ||||||
| 8 | (c) Public Information and Education. Develop programs | ||||||
| 9 | aimed at
improving the relationship between communities and | ||||||
| 10 | their
residents with disabilities; prepare and disseminate | ||||||
| 11 | public information and educational
materials on the prevention | ||||||
| 12 | of developmental disabilities, mental illness, and
alcohol or | ||||||
| 13 | drug dependence, and on available treatment and habilitation
| ||||||
| 14 | services for persons with these disabilities.
| ||||||
| 15 | (d) Quality Assurance. Promulgate minimum program | ||||||
| 16 | standards, rules and
regulations to insure that Department | ||||||
| 17 | funded services maintain acceptable quality
and assure | ||||||
| 18 | enforcement of these standards through regular monitoring of
| ||||||
| 19 | services and through program evaluation; this applies except | ||||||
| 20 | where this
responsibility is explicitly given by law to another | ||||||
| 21 | State agency.
| ||||||
| 22 | (d-5) Accreditation requirements for providers of mental | ||||||
| 23 | health and
substance abuse treatment services.
Except when the | ||||||
| 24 | federal or State statutes authorizing a program, or the
federal | ||||||
| 25 | regulations implementing a program, are to the contrary,
| ||||||
| 26 | accreditation shall be accepted by the Department in lieu of | ||||||
| |||||||
| |||||||
| 1 | the
Department's facility or program certification or | ||||||
| 2 | licensure onsite review
requirements and shall be accepted as a | ||||||
| 3 | substitute for the Department's
administrative and program | ||||||
| 4 | monitoring requirements, except as required by
subsection | ||||||
| 5 | (d-10), in the case of:
| ||||||
| 6 | (1) Any organization from which the Department | ||||||
| 7 | purchases mental health
or substance abuse services and
| ||||||
| 8 | that is accredited under any of the following: the | ||||||
| 9 | Comprehensive
Accreditation Manual
for Behavioral Health | ||||||
| 10 | Care (Joint Commission on Accreditation of Healthcare
| ||||||
| 11 | Organizations (JCAHO)); the Comprehensive Accreditation | ||||||
| 12 | Manual
for Hospitals (JCAHO); the Standards Manual for the
| ||||||
| 13 | Council on Accreditation for Children and Family Services | ||||||
| 14 | (Council on
Accreditation for Children and Family Services | ||||||
| 15 | (COA)); or the
Standards Manual for Organizations Serving | ||||||
| 16 | People with Disabilities (the
Rehabilitation Accreditation | ||||||
| 17 | Commission (CARF)).
| ||||||
| 18 | (2) Any mental health facility or program licensed or | ||||||
| 19 | certified by the
Department, or any substance abuse service | ||||||
| 20 | licensed by the Department, that is
accredited under any of | ||||||
| 21 | the following: the
Comprehensive Accreditation Manual for
| ||||||
| 22 | Behavioral Health Care (JCAHO); the Comprehensive | ||||||
| 23 | Accreditation Manual for
Hospitals (JCAHO); the Standards | ||||||
| 24 | Manual for the Council on Accreditation for
Children and | ||||||
| 25 | Family Services (COA); or the Standards Manual for | ||||||
| 26 | Organizations
Serving People with Disabilities (CARF).
| ||||||
| |||||||
| |||||||
| 1 | (3) Any network of providers from which the Department | ||||||
| 2 | purchases
mental health or substance abuse services and | ||||||
| 3 | that is accredited under any of
the
following: the | ||||||
| 4 | Comprehensive Accreditation Manual for Behavioral Health | ||||||
| 5 | Care
(JCAHO);
the Comprehensive Accreditation Manual for | ||||||
| 6 | Hospitals (JCAHO); the Standards
Manual for the
Council on | ||||||
| 7 | Accreditation for Children and Family Services (COA); the | ||||||
| 8 | Standards
Manual for Organizations Serving People with | ||||||
| 9 | Disabilities (CARF); or the
National Committee for Quality | ||||||
| 10 | Assurance. A provider organization that is part
of an | ||||||
| 11 | accredited network shall be afforded the same rights under | ||||||
| 12 | this
subsection.
| ||||||
| 13 | (d-10) For mental health and substance abuse services, the | ||||||
| 14 | Department
may develop standards or promulgate rules that | ||||||
| 15 | establish additional standards
for monitoring
and licensing | ||||||
| 16 | accredited programs, services, and facilities that the | ||||||
| 17 | Department
has determined are not covered by the accreditation | ||||||
| 18 | standards and processes.
These additional standards for | ||||||
| 19 | monitoring and licensing accredited programs,
services, and | ||||||
| 20 | facilities and the associated monitoring must not duplicate the
| ||||||
| 21 | standards and processes already covered by the accrediting | ||||||
| 22 | bodies.
| ||||||
| 23 | (d-15) The Department shall be given proof of compliance | ||||||
| 24 | with fire and
health safety standards, which must be submitted | ||||||
| 25 | as required by rule.
| ||||||
| 26 | (d-20) The Department, by accepting the survey or | ||||||
| |||||||
| |||||||
| 1 | inspection of an
accrediting organization, does not forfeit its | ||||||
| 2 | rights to perform inspections at
any time, including contract | ||||||
| 3 | monitoring to ensure that services are
provided in accordance | ||||||
| 4 | with the contract.
The Department reserves the right to monitor | ||||||
| 5 | a provider of mental health and
substance abuse treatment | ||||||
| 6 | services when the survey or inspection of an
accrediting | ||||||
| 7 | organization has established any deficiency in the | ||||||
| 8 | accreditation
standards and processes.
| ||||||
| 9 | (d-25) On and after the effective date of this amendatory | ||||||
| 10 | Act of the 92nd
General Assembly, the accreditation | ||||||
| 11 | requirements of this Section apply to
contracted organizations | ||||||
| 12 | that are already accredited.
| ||||||
| 13 | (e) Program Evaluation. Develop a system for conducting | ||||||
| 14 | evaluation of
the effectiveness of community services, | ||||||
| 15 | according to preestablished
performance standards; evaluate | ||||||
| 16 | the extent to which performance according
to established | ||||||
| 17 | standards aids in achieving the goals of this Act;
evaluation | ||||||
| 18 | data also shall be used for quality assurance purposes as well
| ||||||
| 19 | as for planning activities.
| ||||||
| 20 | (f) Research. Conduct research in order to increase | ||||||
| 21 | understanding of mental
illness, developmental disabilities | ||||||
| 22 | and alcohol and drug dependence.
| ||||||
| 23 | (g) Technical Assistance. Provide technical assistance to | ||||||
| 24 | provider agencies
receiving funds or serving clients in order | ||||||
| 25 | to assist
these agencies in providing appropriate, quality | ||||||
| 26 | services; also provide
assistance and guidance to other State | ||||||
| |||||||
| |||||||
| 1 | agencies and local governmental bodies
serving persons with | ||||||
| 2 | disabilities the disabled in order to strengthen their efforts | ||||||
| 3 | to provide
appropriate community services; and assist provider | ||||||
| 4 | agencies in accessing
other available funding, including | ||||||
| 5 | federal, State, local, third-party and
private resources.
| ||||||
| 6 | (h) Placement Process. Promote the appropriate placement | ||||||
| 7 | of clients in
community services through the development and | ||||||
| 8 | implementation of client
assessment and diagnostic instruments | ||||||
| 9 | to assist in identifying the
individual's service needs; client | ||||||
| 10 | assessment instruments also can be
utilized for purposes of | ||||||
| 11 | program evaluation; whenever possible, assure that
placements | ||||||
| 12 | in State-operated facilities are referrals from community | ||||||
| 13 | agencies.
| ||||||
| 14 | (i) Interagency Coordination. Assume leadership in | ||||||
| 15 | promoting cooperation
among State health and human service | ||||||
| 16 | agencies to insure that a comprehensive,
coordinated community | ||||||
| 17 | services system is in place; to insure persons with a | ||||||
| 18 | disability
access to needed services; and to insure continuity | ||||||
| 19 | of care and allow clients
to move among service settings as | ||||||
| 20 | their needs change; also work with other
agencies to establish | ||||||
| 21 | effective prevention programs.
| ||||||
| 22 | (j) Financial Assistance. Provide financial assistance to | ||||||
| 23 | local provider
agencies through purchase-of-care contracts and | ||||||
| 24 | grants, pursuant to Section
4 of this Act.
| ||||||
| 25 | (Source: P.A. 95-682, eff. 10-11-07.)
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 30/4.4)
| ||||||
| 2 | Sec. 4.4. Funding reinvestment.
| ||||||
| 3 | (a) The purposes of this Section are as follows:
| ||||||
| 4 | (1) The General Assembly recognizes that the United | ||||||
| 5 | States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, | ||||||
| 6 | 119 S. Ct. 2176 (1999), affirmed
that the unjustifiable | ||||||
| 7 | institutionalization of a person with a disability who
| ||||||
| 8 | could live in the community with proper support, and wishes | ||||||
| 9 | to do so, is
unlawful discrimination in violation of the | ||||||
| 10 | Americans with Disabilities Act
(ADA). The State of | ||||||
| 11 | Illinois, along with all other states, is required to
| ||||||
| 12 | provide appropriate residential and community-based | ||||||
| 13 | support services to persons
with disabilities who wish to | ||||||
| 14 | live in a less restrictive setting.
| ||||||
| 15 | (2) It is the purpose of this Section to help fulfill | ||||||
| 16 | the State's
obligations under the Olmstead decision by | ||||||
| 17 | maximizing the level of funds for
both developmental | ||||||
| 18 | disability and mental health services and supports in order
| ||||||
| 19 | to maintain and create an array of residential and | ||||||
| 20 | supportive services for
people with mental health needs and | ||||||
| 21 | developmental disabilities whenever they
are
transferred | ||||||
| 22 | into another facility or a community-based setting.
| ||||||
| 23 | (b) In this Section:
| ||||||
| 24 | "Office of Developmental Disabilities" means the Office of | ||||||
| 25 | Developmental
Disabilities within the Department of Human | ||||||
| 26 | Services.
| ||||||
| |||||||
| |||||||
| 1 | "Office of Mental Health" means the Office of Mental Health | ||||||
| 2 | within the
Department of Human Services.
| ||||||
| 3 | (c) On and after the effective date of this amendatory Act | ||||||
| 4 | of the 94th
General Assembly, every appropriation of State | ||||||
| 5 | moneys relating to funding for
the Office of Developmental | ||||||
| 6 | Disabilities or the Office of Mental Health must
comply with | ||||||
| 7 | this Section.
| ||||||
| 8 | (d) Whenever any appropriation, or any portion of an | ||||||
| 9 | appropriation, for any
fiscal year relating to the funding of | ||||||
| 10 | any State-operated facility operated by
the Office of | ||||||
| 11 | Developmental Disabilities or any mental health facility | ||||||
| 12 | operated
by the Office of Mental Health is reduced because of | ||||||
| 13 | any of the reasons set
forth in the following items (1) through | ||||||
| 14 | (3), to the extent that savings are
realized from these items, | ||||||
| 15 | those moneys must be directed toward providing
other services | ||||||
| 16 | and supports for persons with developmental disabilities or
| ||||||
| 17 | mental health needs:
| ||||||
| 18 | (1) The closing of any such State-operated facility for | ||||||
| 19 | persons with developmental disabilities the
| ||||||
| 20 | developmentally disabled or mental health facility.
| ||||||
| 21 | (2) Reduction in the number of units or available beds | ||||||
| 22 | in any such State-operated
facility for persons with | ||||||
| 23 | developmental disabilities the developmentally disabled or | ||||||
| 24 | mental health facility.
| ||||||
| 25 | (3) Reduction in the number of staff employed in any | ||||||
| 26 | such State-operated
facility for persons with | ||||||
| |||||||
| |||||||
| 1 | developmental disabilities the developmentally disabled or | ||||||
| 2 | mental health facility. | ||||||
| 3 | In determining whether any savings are realized from items | ||||||
| 4 | (1) through
(3),
sufficient moneys shall be made available to | ||||||
| 5 | ensure that there is an
appropriate level of
staffing and that | ||||||
| 6 | life, safety, and care concerns are addressed so as to
provide | ||||||
| 7 | for the
remaining persons with developmental disabilities or | ||||||
| 8 | mental illness at any
facility in the
case of item (2) or (3) | ||||||
| 9 | or, in the case of item (1), such remaining persons at
the
| ||||||
| 10 | remaining State-operated facilities that will be expected to | ||||||
| 11 | handle the
individuals
previously served at the closed | ||||||
| 12 | facility.
| ||||||
| 13 | (e) The purposes of redirecting this funding shall include, | ||||||
| 14 | but not be
limited to, providing the following services and | ||||||
| 15 | supports for individuals with
developmental disabilities and | ||||||
| 16 | mental health needs:
| ||||||
| 17 | (1) Residence in the most integrated setting possible, | ||||||
| 18 | whether independent
living in a private residence, a | ||||||
| 19 | Community Integrated Living Arrangement
(CILA), a | ||||||
| 20 | supported residential program, an Intermediate Care | ||||||
| 21 | Facility for
persons with Developmental Disabilities | ||||||
| 22 | (ICFDD), a supervised residential
program, or supportive | ||||||
| 23 | housing, as appropriate.
| ||||||
| 24 | (2) Residence in another State-operated facility.
| ||||||
| 25 | (3) Rehabilitation and support services, including | ||||||
| 26 | assertive community
treatment, case management, supportive | ||||||
| |||||||
| |||||||
| 1 | and supervised day treatment, and
psychosocial | ||||||
| 2 | rehabilitation.
| ||||||
| 3 | (4) Vocational or developmental training, as | ||||||
| 4 | appropriate, that contributes
to the person's independence | ||||||
| 5 | and employment potential.
| ||||||
| 6 | (5) Employment or supported employment, as | ||||||
| 7 | appropriate, free from
discrimination pursuant to the | ||||||
| 8 | Constitution and laws of this State.
| ||||||
| 9 | (6) In-home family supports, such as respite services | ||||||
| 10 | and client and
family supports.
| ||||||
| 11 | (7) Periodic reevaluation, as needed.
| ||||||
| 12 | (f) An appropriation may not circumvent the purposes of | ||||||
| 13 | this Section by
transferring moneys within the funding system | ||||||
| 14 | for services and supports for persons with developmental | ||||||
| 15 | disabilities the
developmentally disabled and the mentally ill | ||||||
| 16 | and then compensating for this
transfer by redirecting other | ||||||
| 17 | moneys away from these services to provide
funding for some | ||||||
| 18 | other governmental purpose or to relieve other State funding
| ||||||
| 19 | expenditures.
| ||||||
| 20 | (Source: P.A. 94-498, eff. 8-8-05.)
| ||||||
| 21 | Section 785. The Protection and Advocacy for | ||||||
| 22 | Developmentally Disabled
Persons Act is amended by changing | ||||||
| 23 | Section 0.01 as follows:
| ||||||
| 24 | (405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
| 2 | Protection and Advocacy for Persons with Developmental | ||||||
| 3 | Disabilities Developmentally Disabled Persons Act.
| ||||||
| 4 | (Source: P.A. 86-1324.)
| ||||||
| 5 | Section 790. The Developmental Disability and Mental | ||||||
| 6 | Disability Services Act is amended by changing Sections 2-1, | ||||||
| 7 | 2-2, 2-3, 2-4, 2-5, 2-6, 2-8, 2-10, 2-11, 2-16, 3-1, 3-2, 3-3, | ||||||
| 8 | 3-4, 3-9.1, 3-11, 4-1, and 5-1 as follows:
| ||||||
| 9 | (405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)
| ||||||
| 10 | Sec. 2-1.
This Article may be cited as the
Home-Based | ||||||
| 11 | Support Services Law for Adults with Mental Disabilities | ||||||
| 12 | Mentally Disabled Adults.
| ||||||
| 13 | (Source: P.A. 86-921.)
| ||||||
| 14 | (405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
| ||||||
| 15 | Sec. 2-2.
The purpose of this Article is to authorize the
| ||||||
| 16 | Department of Human Services to encourage,
develop, sponsor and | ||||||
| 17 | fund home-based and community-based services for adults with | ||||||
| 18 | mental disabilities mentally
disabled adults in order to | ||||||
| 19 | provide alternatives to institutionalization
and to permit | ||||||
| 20 | adults with mental disabilities mentally disabled adults to | ||||||
| 21 | remain in their own homes.
| ||||||
| 22 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||||||
| 2 | Sec. 2-3. As used in this Article, unless the context | ||||||
| 3 | requires otherwise:
| ||||||
| 4 | (a) "Agency" means an agency or entity licensed by the | ||||||
| 5 | Department
pursuant to this Article or pursuant to the | ||||||
| 6 | Community Residential
Alternatives Licensing Act.
| ||||||
| 7 | (b) "Department" means the Department of Human Services, as | ||||||
| 8 | successor to
the Department of Mental Health and Developmental | ||||||
| 9 | Disabilities.
| ||||||
| 10 | (c) "Home-based services" means services provided to an | ||||||
| 11 | adult with a mental disability a mentally disabled
adult who | ||||||
| 12 | lives in his or her own home. These services include but are
| ||||||
| 13 | not limited to:
| ||||||
| 14 | (1) home health services;
| ||||||
| 15 | (2) case management;
| ||||||
| 16 | (3) crisis management;
| ||||||
| 17 | (4) training and assistance in self-care;
| ||||||
| 18 | (5) personal care services;
| ||||||
| 19 | (6) habilitation and rehabilitation services;
| ||||||
| 20 | (7) employment-related services;
| ||||||
| 21 | (8) respite care; and
| ||||||
| 22 | (9) other skill training that enables a person to | ||||||
| 23 | become self-supporting.
| ||||||
| 24 | (d) "Legal guardian" means a person appointed by a court of | ||||||
| 25 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
| 26 | an adult with a mental disability a mentally disabled adult.
| ||||||
| |||||||
| |||||||
| 1 | (e) "Adult with a mental disability Mentally disabled | ||||||
| 2 | adult" means a person over the age of 18 years
who lives in his | ||||||
| 3 | or her own home; who needs home-based services,
but does not | ||||||
| 4 | require 24-hour-a-day supervision; and who has one of the
| ||||||
| 5 | following conditions: severe autism, severe mental illness, a | ||||||
| 6 | severe or
profound intellectual disability, or severe and | ||||||
| 7 | multiple impairments.
| ||||||
| 8 | (f) In one's "own home" means that an adult with a mental | ||||||
| 9 | disability a mentally disabled adult lives
alone; or that an | ||||||
| 10 | adult with a mental disability a mentally disabled adult is in | ||||||
| 11 | full-time residence with his
or her parents, legal guardian, or | ||||||
| 12 | other relatives; or that an adult with a mental disability a | ||||||
| 13 | mentally
disabled adult is in full-time residence in a setting | ||||||
| 14 | not subject to
licensure under the Nursing Home Care Act, the | ||||||
| 15 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 16 | Community Care Act, or the Child Care Act of 1969, as
now or | ||||||
| 17 | hereafter amended, with 3 or fewer other adults unrelated to | ||||||
| 18 | the
adult with a mental disability mentally disabled adult who | ||||||
| 19 | do not provide home-based services to the
adult with a mental | ||||||
| 20 | disability mentally disabled adult.
| ||||||
| 21 | (g) "Parent" means the biological or adoptive parent
of an | ||||||
| 22 | adult with a mental disability a mentally disabled adult, or a | ||||||
| 23 | person licensed as a
foster parent under the laws of this State | ||||||
| 24 | who acts as a mentally disabled
adult's foster parent to an | ||||||
| 25 | adult with a mental disability.
| ||||||
| 26 | (h) "Relative" means any of the following relationships
by | ||||||
| |||||||
| |||||||
| 1 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
| 2 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
| 3 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
| 4 | stepson, stepdaughter, stepparent or
first cousin.
| ||||||
| 5 | (i) "Severe autism" means a lifelong developmental | ||||||
| 6 | disability which is
typically manifested before 30 months of | ||||||
| 7 | age and is characterized by
severe disturbances in reciprocal | ||||||
| 8 | social interactions; verbal and
nonverbal communication and | ||||||
| 9 | imaginative activity; and repertoire of
activities and | ||||||
| 10 | interests. A person shall be determined severely
autistic, for | ||||||
| 11 | purposes of this Article, if both of the following are present:
| ||||||
| 12 | (1) Diagnosis consistent with the criteria for | ||||||
| 13 | autistic disorder in
the current edition of the Diagnostic | ||||||
| 14 | and Statistical Manual of Mental
Disorders.
| ||||||
| 15 | (2) Severe disturbances in reciprocal social | ||||||
| 16 | interactions; verbal and
nonverbal communication and | ||||||
| 17 | imaginative activity; repertoire of activities
and | ||||||
| 18 | interests. A determination of severe autism shall be based | ||||||
| 19 | upon a
comprehensive, documented assessment with an | ||||||
| 20 | evaluation by a licensed
clinical psychologist or | ||||||
| 21 | psychiatrist. A determination of severe autism
shall not be | ||||||
| 22 | based solely on behaviors relating to environmental, | ||||||
| 23 | cultural
or economic differences.
| ||||||
| 24 | (j) "Severe mental illness" means the manifestation of all | ||||||
| 25 | of the
following characteristics:
| ||||||
| 26 | (1) A primary diagnosis of one of the major mental | ||||||
| |||||||
| |||||||
| 1 | disorders
in the current edition of the Diagnostic and | ||||||
| 2 | Statistical Manual of Mental
Disorders listed below:
| ||||||
| 3 | (A) Schizophrenia disorder.
| ||||||
| 4 | (B) Delusional disorder.
| ||||||
| 5 | (C) Schizo-affective disorder.
| ||||||
| 6 | (D) Bipolar affective disorder.
| ||||||
| 7 | (E) Atypical psychosis.
| ||||||
| 8 | (F) Major depression, recurrent.
| ||||||
| 9 | (2) The individual's mental illness must substantially | ||||||
| 10 | impair his
or her functioning in at least 2 of the | ||||||
| 11 | following areas:
| ||||||
| 12 | (A) Self-maintenance.
| ||||||
| 13 | (B) Social functioning.
| ||||||
| 14 | (C) Activities of community living.
| ||||||
| 15 | (D) Work skills.
| ||||||
| 16 | (3) Disability must be present or expected to be | ||||||
| 17 | present for at least
one year.
| ||||||
| 18 | A determination of severe mental illness shall be based | ||||||
| 19 | upon a
comprehensive, documented assessment with an evaluation | ||||||
| 20 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
| 21 | not be based solely on
behaviors relating to environmental, | ||||||
| 22 | cultural or economic differences.
| ||||||
| 23 | (k) "Severe or profound intellectual disability" means a | ||||||
| 24 | manifestation of all
of the following characteristics:
| ||||||
| 25 | (1) A diagnosis which meets Classification in Mental | ||||||
| 26 | Retardation or
criteria in the current edition of the | ||||||
| |||||||
| |||||||
| 1 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
| 2 | severe or profound mental retardation (an IQ of 40 or
| ||||||
| 3 | below). This must be measured by a standardized instrument | ||||||
| 4 | for general
intellectual functioning.
| ||||||
| 5 | (2) A severe or profound level of disturbed adaptive | ||||||
| 6 | behavior. This
must be measured by a standardized adaptive | ||||||
| 7 | behavior scale or informal
appraisal by the professional in | ||||||
| 8 | keeping with illustrations in
Classification in Mental | ||||||
| 9 | Retardation, 1983.
| ||||||
| 10 | (3) Disability diagnosed before age of 18.
| ||||||
| 11 | A determination of a severe or profound intellectual | ||||||
| 12 | disability shall be based
upon a comprehensive, documented | ||||||
| 13 | assessment with an evaluation by a
licensed clinical | ||||||
| 14 | psychologist or certified school psychologist or a
| ||||||
| 15 | psychiatrist, and shall not be based solely on behaviors | ||||||
| 16 | relating to
environmental, cultural or economic differences.
| ||||||
| 17 | (l) "Severe and multiple impairments" means the | ||||||
| 18 | manifestation of all of
the following characteristics:
| ||||||
| 19 | (1) The evaluation determines the presence of a | ||||||
| 20 | developmental
disability which is expected to continue | ||||||
| 21 | indefinitely, constitutes a
substantial disability | ||||||
| 22 | handicap and is attributable to any of the following:
| ||||||
| 23 | (A) Intellectual disability, which is defined as | ||||||
| 24 | general intellectual
functioning that is 2 or more | ||||||
| 25 | standard deviations below the mean
concurrent with | ||||||
| 26 | impairment of adaptive behavior which is 2 or more | ||||||
| |||||||
| |||||||
| 1 | standard
deviations below the mean. Assessment of the | ||||||
| 2 | individual's intellectual
functioning must be measured | ||||||
| 3 | by a standardized instrument for general
intellectual | ||||||
| 4 | functioning.
| ||||||
| 5 | (B) Cerebral palsy.
| ||||||
| 6 | (C) Epilepsy.
| ||||||
| 7 | (D) Autism.
| ||||||
| 8 | (E) Any other condition which results in | ||||||
| 9 | impairment similar to that
caused by an intellectual | ||||||
| 10 | disability and which requires services similar to | ||||||
| 11 | those
required by persons with intellectual | ||||||
| 12 | disabilities intellectually disabled persons.
| ||||||
| 13 | (2) The evaluation determines multiple disabilities | ||||||
| 14 | handicaps in physical, sensory,
behavioral or cognitive | ||||||
| 15 | functioning which constitute a severe or profound
| ||||||
| 16 | impairment attributable to one or more of the following:
| ||||||
| 17 | (A) Physical functioning, which severely impairs | ||||||
| 18 | the individual's motor
performance that may be due to:
| ||||||
| 19 | (i) Neurological, psychological or physical | ||||||
| 20 | involvement resulting in a
variety of disabling | ||||||
| 21 | conditions such as hemiplegia, quadriplegia or | ||||||
| 22 | ataxia,
| ||||||
| 23 | (ii) Severe organ systems involvement such as | ||||||
| 24 | congenital heart defect,
| ||||||
| 25 | (iii) Physical abnormalities resulting in the | ||||||
| 26 | individual being
non-mobile and non-ambulatory or | ||||||
| |||||||
| |||||||
| 1 | confined to bed and receiving assistance
in | ||||||
| 2 | transferring, or
| ||||||
| 3 | (iv) The need for regular medical or nursing | ||||||
| 4 | supervision such as
gastrostomy care and feeding.
| ||||||
| 5 | Assessment of physical functioning must be based | ||||||
| 6 | on clinical medical
assessment by a physician licensed | ||||||
| 7 | to practice medicine in all its branches,
using the | ||||||
| 8 | appropriate instruments, techniques and standards of | ||||||
| 9 | measurement
required by the professional.
| ||||||
| 10 | (B) Sensory, which involves severe restriction due | ||||||
| 11 | to hearing or
visual impairment limiting the | ||||||
| 12 | individual's movement and creating
dependence in | ||||||
| 13 | completing most daily activities. Hearing impairment | ||||||
| 14 | is
defined as a loss of 70 decibels aided or speech | ||||||
| 15 | discrimination of less
than 50% aided. Visual | ||||||
| 16 | impairment is defined as 20/200 corrected in the
better | ||||||
| 17 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
| 18 | functioning must be based on clinical medical | ||||||
| 19 | assessment by a
physician licensed to practice | ||||||
| 20 | medicine in all its branches using the
appropriate | ||||||
| 21 | instruments, techniques and standards of measurement | ||||||
| 22 | required
by the professional.
| ||||||
| 23 | (C) Behavioral, which involves behavior that is | ||||||
| 24 | maladaptive and presents
a danger to self or others, is | ||||||
| 25 | destructive to property by deliberately
breaking, | ||||||
| 26 | destroying or defacing objects, is disruptive by | ||||||
| |||||||
| |||||||
| 1 | fighting, or has
other socially offensive behaviors in | ||||||
| 2 | sufficient frequency or severity to
seriously limit | ||||||
| 3 | social integration. Assessment of behavioral | ||||||
| 4 | functioning
may be measured by a standardized scale or | ||||||
| 5 | informal appraisal by a clinical
psychologist or | ||||||
| 6 | psychiatrist.
| ||||||
| 7 | (D) Cognitive, which involves intellectual | ||||||
| 8 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 9 | of cognitive functioning must be measured by a
| ||||||
| 10 | standardized instrument for general intelligence.
| ||||||
| 11 | (3) The evaluation determines that development is | ||||||
| 12 | substantially less
than expected for the age in cognitive, | ||||||
| 13 | affective or psychomotor behavior
as follows:
| ||||||
| 14 | (A) Cognitive, which involves intellectual | ||||||
| 15 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 16 | of cognitive functioning must be measured by a
| ||||||
| 17 | standardized instrument for general intelligence.
| ||||||
| 18 | (B) Affective behavior, which involves over and | ||||||
| 19 | under responding to
stimuli in the environment and may | ||||||
| 20 | be observed in mood, attention to
awareness, or in | ||||||
| 21 | behaviors such as euphoria, anger or sadness that
| ||||||
| 22 | seriously limit integration into society. Affective | ||||||
| 23 | behavior must be based
on clinical assessment using the | ||||||
| 24 | appropriate instruments, techniques and
standards of | ||||||
| 25 | measurement required by the professional.
| ||||||
| 26 | (C) Psychomotor, which includes a severe | ||||||
| |||||||
| |||||||
| 1 | developmental delay in fine or
gross motor skills so | ||||||
| 2 | that development in self-care, social interaction,
| ||||||
| 3 | communication or physical activity will be greatly | ||||||
| 4 | delayed or restricted.
| ||||||
| 5 | (4) A determination that the disability originated | ||||||
| 6 | before the age of
18 years.
| ||||||
| 7 | A determination of severe and multiple impairments shall be | ||||||
| 8 | based upon a
comprehensive, documented assessment with an | ||||||
| 9 | evaluation by a licensed
clinical psychologist or | ||||||
| 10 | psychiatrist.
| ||||||
| 11 | If the examiner is a licensed clinical psychologist, | ||||||
| 12 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
| 13 | epilepsy must be made by a
physician licensed to practice | ||||||
| 14 | medicine in all its branches.
| ||||||
| 15 | Regardless of the discipline of the examiner, ancillary | ||||||
| 16 | evaluation of
visual impairment must be made by an | ||||||
| 17 | ophthalmologist or a licensed optometrist.
| ||||||
| 18 | Regardless of the discipline of the examiner, ancillary | ||||||
| 19 | evaluation of
hearing impairment must be made by an | ||||||
| 20 | otolaryngologist or an audiologist
with a certificate of | ||||||
| 21 | clinical competency.
| ||||||
| 22 | The only exception to the above is in the case of a person | ||||||
| 23 | with cerebral
palsy or epilepsy who, according to the | ||||||
| 24 | eligibility criteria listed below,
has multiple impairments | ||||||
| 25 | which are only physical and sensory. In such a
case, a | ||||||
| 26 | physician licensed to practice medicine in all its branches may
| ||||||
| |||||||
| |||||||
| 1 | serve as the examiner.
| ||||||
| 2 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
| 3 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
| 4 | disability professional on an ongoing
basis.
| ||||||
| 5 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 6 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
| 7 | (405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)
| ||||||
| 8 | Sec. 2-4.
The Department shall establish a Home-Based | ||||||
| 9 | Support
Services Program for Adults with Mental Disabilities | ||||||
| 10 | Mentally Disabled Adults ("the Program") under this Article. | ||||||
| 11 | The
purpose of the Program
is to provide alternatives to | ||||||
| 12 | institutionalization of adults with mental disabilities | ||||||
| 13 | mentally
disabled adults and to permit these individuals to | ||||||
| 14 | live in their own homes.
The Department shall implement the | ||||||
| 15 | purpose of the
Program by providing home-based
services to | ||||||
| 16 | adults with mental disabilities mentally disabled adults who | ||||||
| 17 | need home-based services and who
live in their own homes.
| ||||||
| 18 | (Source: P.A. 86-921.)
| ||||||
| 19 | (405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
| ||||||
| 20 | Sec. 2-5.
The Department shall establish eligibility | ||||||
| 21 | standards for
the Program, taking into consideration the | ||||||
| 22 | disability levels and service
needs of the target population. | ||||||
| 23 | The Department shall create application
forms which shall be | ||||||
| 24 | used to determine the eligibility of adults with mental | ||||||
| |||||||
| |||||||
| 1 | disabilities mentally disabled
adults to participate in the | ||||||
| 2 | Program. The forms shall be made available by
the Department | ||||||
| 3 | and shall require at least the following items of
information | ||||||
| 4 | which constitute eligibility criteria for participation in the
| ||||||
| 5 | Program:
| ||||||
| 6 | (a) A statement that the adult with a mental disability | ||||||
| 7 | mentally disabled adult resides in the State of
Illinois | ||||||
| 8 | and is over the age of 18 years.
| ||||||
| 9 | (b) Verification that the adult with a mental | ||||||
| 10 | disability mentally disabled adult has one of the
following | ||||||
| 11 | conditions: severe autism, severe mental illness, a severe | ||||||
| 12 | or
profound intellectual disability, or severe and | ||||||
| 13 | multiple impairments.
| ||||||
| 14 | (c) Verification that the adult with a mental | ||||||
| 15 | disability mentally disabled adult has applied and is
| ||||||
| 16 | eligible for federal Supplemental Security Income or | ||||||
| 17 | federal Social
Security Disability Income benefits.
| ||||||
| 18 | (d) Verification that the adult with a mental | ||||||
| 19 | disability mentally disabled adult resides full-time in
| ||||||
| 20 | his or her own home or that, within 2 months of receipt of | ||||||
| 21 | services under
this Article, he or she will reside | ||||||
| 22 | full-time in his or her own home.
| ||||||
| 23 | The Department may by rule adopt provisions establishing | ||||||
| 24 | liability of
responsible relatives of a recipient of services | ||||||
| 25 | under this Article for the
payment of sums representing charges | ||||||
| 26 | for services to such recipient. Such
rules shall be | ||||||
| |||||||
| |||||||
| 1 | substantially similar to the provisions for such liability
| ||||||
| 2 | contained in Chapter V of the Mental Health and Developmental | ||||||
| 3 | Disabilities
Code, as now or hereafter amended, and rules | ||||||
| 4 | adopted pursuant thereto.
| ||||||
| 5 | (Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)
| ||||||
| 6 | (405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
| ||||||
| 7 | Sec. 2-6.
An application for the Program shall be submitted | ||||||
| 8 | to the
Department by the adult with a mental disability | ||||||
| 9 | mentally disabled adult or, if the adult with a mental | ||||||
| 10 | disability mentally disabled adult
requires a guardian, by his | ||||||
| 11 | or her legal guardian. If the application for
participation in | ||||||
| 12 | the Program is approved by the Department and the adult with a | ||||||
| 13 | mental disability mentally
disabled adult is eligible to | ||||||
| 14 | receive services under this Article, the adult with a mental | ||||||
| 15 | disability mentally
disabled adult shall be made aware of the | ||||||
| 16 | availability of a community support
team and shall be offered | ||||||
| 17 | case management services. The amount of the
home-based services | ||||||
| 18 | provided by the Department in any month shall be determined
by | ||||||
| 19 | the service plan of the adult with a mental disability mentally | ||||||
| 20 | disabled adult, but in no case shall it be
more than either:
| ||||||
| 21 | (a) three hundred percent of the monthly federal | ||||||
| 22 | Supplemental Security
Income payment for an individual | ||||||
| 23 | residing alone if the adult with a mental disability | ||||||
| 24 | mentally disabled adult
is not enrolled in a special | ||||||
| 25 | education program by a local education agency, or
| ||||||
| |||||||
| |||||||
| 1 | (b) two hundred percent of the monthly Supplemental | ||||||
| 2 | Security Income
payment for an individual residing alone if | ||||||
| 3 | the adult with a mental disability mentally disabled adult | ||||||
| 4 | is
enrolled in a special education program by a local | ||||||
| 5 | education agency.
| ||||||
| 6 | Upon approval of the Department, all or part of the monthly | ||||||
| 7 | amount approved
for home-based services to participating | ||||||
| 8 | adults may be used as a one-time or
continuing payment to the | ||||||
| 9 | eligible adult or the adult's parent or guardian to
pay for | ||||||
| 10 | specified tangible items that are directly related to meeting | ||||||
| 11 | basic
needs related to the person's mental disabilities.
| ||||||
| 12 | Tangible items include, but are not limited to: adaptive | ||||||
| 13 | equipment,
medication not covered by third-party payments, | ||||||
| 14 | nutritional supplements, and
residential modifications.
| ||||||
| 15 | (Source: P.A. 88-388.)
| ||||||
| 16 | (405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)
| ||||||
| 17 | Sec. 2-8.
Services provided by the Department under the
| ||||||
| 18 | Program shall be denied:
| ||||||
| 19 | (a) if the adult with a mental disability mentally disabled | ||||||
| 20 | adult no longer meets the eligibility criteria,
| ||||||
| 21 | (b) if the adult with a mental disability mentally disabled | ||||||
| 22 | adult submits false information in an
application or
| ||||||
| 23 | reapplication for participation in the Program, or
| ||||||
| 24 | (c) if the adult with a mental disability mentally disabled | ||||||
| 25 | adult fails to request or access any
services after 120 days. | ||||||
| |||||||
| |||||||
| 1 | Prior to making the decision, if the adult with
mental | ||||||
| 2 | disabilities has failed to request or access any services | ||||||
| 3 | within 90
days, the Department shall give written notice to the | ||||||
| 4 | person who signed the
application that participation in the | ||||||
| 5 | Program will be denied if services
are not requested or | ||||||
| 6 | accessed within 30 days.
| ||||||
| 7 | Whenever services provided by the Department under the | ||||||
| 8 | Program are denied
for the reasons in paragraphs (a), (b), or | ||||||
| 9 | (c) of this Section, the Department shall give
written notice | ||||||
| 10 | of the decision and the reasons for denial of services to
the | ||||||
| 11 | person who signed the application. Such notice shall contain
| ||||||
| 12 | information on requesting an appeal under Section 2-13.
| ||||||
| 13 | (Source: P.A. 86-921; 87-1158.)
| ||||||
| 14 | (405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)
| ||||||
| 15 | Sec. 2-10.
Before eligible adults with mental disabilities | ||||||
| 16 | mentally disabled adults receive services
under this Article, | ||||||
| 17 | they shall maximize use of other services provided by
other | ||||||
| 18 | governmental agencies, including but not limited to | ||||||
| 19 | educational and
vocational services.
| ||||||
| 20 | (Source: P.A. 86-921.)
| ||||||
| 21 | (405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)
| ||||||
| 22 | Sec. 2-11.
The Department, as successor to any agreements | ||||||
| 23 | between the
Department of Mental Health and
Developmental | ||||||
| 24 | Disabilities and the Department of Rehabilitation
Services for | ||||||
| |||||||
| |||||||
| 1 | the provision of training, employment placement, and
| ||||||
| 2 | employment referral services for the adults with mental | ||||||
| 3 | disabilities mentally disabled adults served under this
| ||||||
| 4 | Article, shall carry out the responsibilities, if any, incurred | ||||||
| 5 | by its
predecessor agencies under those agreements.
| ||||||
| 6 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 7 | (405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)
| ||||||
| 8 | Sec. 2-16.
The Department shall adopt rules pursuant to the | ||||||
| 9 | Illinois
Administrative Procedure Act to implement the | ||||||
| 10 | Home-Based Support Services
Program for Adults with Mental | ||||||
| 11 | Disabilities Mentally Disabled Adults. The rules shall include | ||||||
| 12 | the intake
procedures, application process and eligibility | ||||||
| 13 | requirements for adults with mental disabilities mentally
| ||||||
| 14 | disabled adults who apply for services under the
Program.
| ||||||
| 15 | (Source: P.A. 86-921.)
| ||||||
| 16 | (405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)
| ||||||
| 17 | Sec. 3-1.
This Article shall be known and may be cited as | ||||||
| 18 | the Family
Assistance Law for Children with Mental Disabilities | ||||||
| 19 | Mentally Disabled Children.
| ||||||
| 20 | (Source: P.A. 86-921.)
| ||||||
| 21 | (405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
| ||||||
| 22 | Sec. 3-2.
The purpose of this Article is to create a | ||||||
| 23 | mandate for the
Department of Human Services to strengthen and
| ||||||
| |||||||
| |||||||
| 1 | promote families who provide care within the family home for | ||||||
| 2 | children whose
level of mental illness or developmental | ||||||
| 3 | disability constitutes a risk of
out-of-home placement. It is | ||||||
| 4 | the intent of this Article to strengthen,
promote and empower | ||||||
| 5 | families to determine the most appropriate use of
resources to | ||||||
| 6 | address the unique and changing needs of those families'
| ||||||
| 7 | children with mental disabilities mentally disabled children.
| ||||||
| 8 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 9 | (405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
| ||||||
| 10 | Sec. 3-3. As used in this Article, unless the context | ||||||
| 11 | requires otherwise:
| ||||||
| 12 | (a) "Agency" means an agency or entity licensed by the | ||||||
| 13 | Department
pursuant to this Article or pursuant to the | ||||||
| 14 | Community Residential
Alternatives Licensing Act.
| ||||||
| 15 | (b) "Department" means the Department of Human Services, as | ||||||
| 16 | successor to
the Department of Mental Health and Developmental | ||||||
| 17 | Disabilities.
| ||||||
| 18 | (c) "Department-funded out-of-home placement services" | ||||||
| 19 | means those
services for which the Department pays the partial | ||||||
| 20 | or full cost of care of
the residential placement.
| ||||||
| 21 | (d) "Family" or "families" means a family member or members | ||||||
| 22 | and his, her
or their parents or legal guardians.
| ||||||
| 23 | (e) "Family member" means a child 17 years old or younger | ||||||
| 24 | who has one of
the following conditions: severe autism, severe | ||||||
| 25 | emotional disturbance,
a severe or profound intellectual | ||||||
| |||||||
| |||||||
| 1 | disability, or severe and multiple
impairments.
| ||||||
| 2 | (f) "Legal guardian" means a person appointed by a court of | ||||||
| 3 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
| 4 | a family member and
with whom the family member resides.
| ||||||
| 5 | (g) "Parent" means a biological or adoptive parent with | ||||||
| 6 | whom the family
member resides, or a person licensed as a | ||||||
| 7 | foster parent under the laws of
this State, acting as a family | ||||||
| 8 | member's foster parent, and with whom the
family member | ||||||
| 9 | resides.
| ||||||
| 10 | (h) "Severe autism" means a lifelong developmental | ||||||
| 11 | disability which is
typically manifested before 30 months of | ||||||
| 12 | age and is characterized by
severe disturbances in reciprocal | ||||||
| 13 | social interactions; verbal and
nonverbal communication and | ||||||
| 14 | imaginative activity; and repertoire of
activities and | ||||||
| 15 | interests. A person shall be determined severely autistic,
for | ||||||
| 16 | purposes of this Article, if both of the following are present:
| ||||||
| 17 | (1) Diagnosis consistent with the criteria for | ||||||
| 18 | autistic disorder in
the current edition of the Diagnostic | ||||||
| 19 | and Statistical Manual of Mental
Disorders;
| ||||||
| 20 | (2) Severe disturbances in reciprocal social | ||||||
| 21 | interactions; verbal and
nonverbal communication and | ||||||
| 22 | imaginative activity; and repertoire of activities
and | ||||||
| 23 | interests. A determination of severe autism shall be based | ||||||
| 24 | upon a
comprehensive, documented assessment with an | ||||||
| 25 | evaluation by a licensed
clinical psychologist or | ||||||
| 26 | psychiatrist. A determination of severe autism
shall not be | ||||||
| |||||||
| |||||||
| 1 | based solely on behaviors relating to environmental, | ||||||
| 2 | cultural
or economic differences.
| ||||||
| 3 | (i) "Severe mental illness" means the manifestation of all | ||||||
| 4 | of the
following characteristics:
| ||||||
| 5 | (1) a severe mental illness characterized by the | ||||||
| 6 | presence of a mental
disorder in children or adolescents, | ||||||
| 7 | classified in the Diagnostic and
Statistical Manual of | ||||||
| 8 | Mental Disorders (Third Edition - Revised), as now or
| ||||||
| 9 | hereafter revised, excluding V-codes (as that term is used | ||||||
| 10 | in the current
edition of the Diagnostic and Statistical | ||||||
| 11 | Manual of Mental Disorders),
adjustment disorders, the | ||||||
| 12 | presence of an intellectual disability when no other mental | ||||||
| 13 | disorder is
present, alcohol or substance abuse, or other | ||||||
| 14 | forms of dementia based upon
organic or physical disorders; | ||||||
| 15 | and
| ||||||
| 16 | (2) a functional disability of an extended duration | ||||||
| 17 | which results in
substantial limitations in major life | ||||||
| 18 | activities.
| ||||||
| 19 | A determination of severe mental illness shall be based | ||||||
| 20 | upon a
comprehensive, documented assessment with an evaluation | ||||||
| 21 | by a licensed
clinical psychologist or a psychiatrist.
| ||||||
| 22 | (j) "Severe or profound intellectual disability" means a | ||||||
| 23 | manifestation of all
of the following characteristics:
| ||||||
| 24 | (1) A diagnosis which meets Classification in Mental | ||||||
| 25 | Retardation or
criteria in the current edition of the | ||||||
| 26 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
| |||||||
| |||||||
| 1 | severe or profound mental retardation (an IQ of 40 or
| ||||||
| 2 | below). This must be measured by a standardized instrument | ||||||
| 3 | for general
intellectual functioning.
| ||||||
| 4 | (2) A severe or profound level of adaptive behavior. | ||||||
| 5 | This must be
measured by a standardized adaptive behavior | ||||||
| 6 | scale or informal appraisal by
the professional in keeping | ||||||
| 7 | with illustrations in Classification in Mental
| ||||||
| 8 | Retardation, 1983.
| ||||||
| 9 | (3) Disability diagnosed before age of 18.
| ||||||
| 10 | A determination of a severe or profound intellectual | ||||||
| 11 | disability shall be based
upon a comprehensive, documented | ||||||
| 12 | assessment with an evaluation by a
licensed clinical | ||||||
| 13 | psychologist, certified school psychologist, a
psychiatrist or | ||||||
| 14 | other physician licensed to practice medicine in all its
| ||||||
| 15 | branches, and shall not be based solely on behaviors relating | ||||||
| 16 | to
environmental, cultural or economic differences.
| ||||||
| 17 | (k) "Severe and multiple impairments" means the | ||||||
| 18 | manifestation of all the
following characteristics:
| ||||||
| 19 | (1) The evaluation determines the presence of a | ||||||
| 20 | developmental
disability which is expected to continue | ||||||
| 21 | indefinitely, constitutes a
substantial disability | ||||||
| 22 | handicap and is attributable to any of the following:
| ||||||
| 23 | (A) Intellectual disability, which is defined as | ||||||
| 24 | general intellectual
functioning that is 2 or more | ||||||
| 25 | standard deviations below the mean
concurrent with | ||||||
| 26 | impairment of adaptive behavior which is 2 or more | ||||||
| |||||||
| |||||||
| 1 | standard
deviations below the mean. Assessment of the | ||||||
| 2 | individual's intellectual
functioning must be measured | ||||||
| 3 | by a standardized instrument for general
intellectual | ||||||
| 4 | functioning.
| ||||||
| 5 | (B) Cerebral palsy.
| ||||||
| 6 | (C) Epilepsy.
| ||||||
| 7 | (D) Autism.
| ||||||
| 8 | (E) Any other condition which results in | ||||||
| 9 | impairment similar to that
caused by an intellectual | ||||||
| 10 | disability and which requires services similar to | ||||||
| 11 | those
required by persons with intellectual | ||||||
| 12 | disabilities intellectually disabled persons.
| ||||||
| 13 | (2) The evaluation determines multiple disabilities | ||||||
| 14 | handicaps in physical, sensory,
behavioral or cognitive | ||||||
| 15 | functioning which constitute a severe or profound
| ||||||
| 16 | impairment attributable to one or more of the following:
| ||||||
| 17 | (A) Physical functioning, which severely impairs | ||||||
| 18 | the individual's
motor performance that may be due to:
| ||||||
| 19 | (i) Neurological, psychological or physical | ||||||
| 20 | involvement resulting in
a variety of disabling | ||||||
| 21 | conditions such as hemiplegia, quadriplegia or | ||||||
| 22 | ataxia,
| ||||||
| 23 | (ii) Severe organ systems involvement such as | ||||||
| 24 | congenital heart defect,
| ||||||
| 25 | (iii) Physical abnormalities resulting in the | ||||||
| 26 | individual being
non-mobile and non-ambulatory or | ||||||
| |||||||
| |||||||
| 1 | confined to bed and receiving assistance
in | ||||||
| 2 | transferring, or
| ||||||
| 3 | (iv) The need for regular medical or nursing | ||||||
| 4 | supervision such as
gastrostomy care and feeding.
| ||||||
| 5 | Assessment of physical functioning must be based | ||||||
| 6 | on clinical medical
assessment, using the appropriate | ||||||
| 7 | instruments, techniques and standards of
measurement | ||||||
| 8 | required by the professional.
| ||||||
| 9 | (B) Sensory, which involves severe restriction due | ||||||
| 10 | to hearing or
visual impairment limiting the | ||||||
| 11 | individual's movement and creating
dependence in | ||||||
| 12 | completing most daily activities. Hearing impairment | ||||||
| 13 | is
defined as a loss of 70 decibels aided or speech | ||||||
| 14 | discrimination of less
than 50% aided. Visual | ||||||
| 15 | impairment is defined as 20/200 corrected in the
better | ||||||
| 16 | eye or a visual field of 20 degrees or less. Sensory | ||||||
| 17 | functioning
must be based on clinical medical | ||||||
| 18 | assessment using the appropriate
instruments, | ||||||
| 19 | techniques and standards of measurement required by | ||||||
| 20 | the
professional.
| ||||||
| 21 | (C) Behavioral, which involves behavior that is | ||||||
| 22 | maladaptive and presents
a danger to self or others, is | ||||||
| 23 | destructive to property by deliberately
breaking, | ||||||
| 24 | destroying or defacing objects, is disruptive by | ||||||
| 25 | fighting, or has
other socially offensive behaviors in | ||||||
| 26 | sufficient frequency or severity to
seriously limit | ||||||
| |||||||
| |||||||
| 1 | social integration. Assessment of behavioral | ||||||
| 2 | functioning
may be measured by a standardized scale or | ||||||
| 3 | informal appraisal by the medical
professional.
| ||||||
| 4 | (D) Cognitive, which involves intellectual | ||||||
| 5 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 6 | of cognitive functioning must be measured by a
| ||||||
| 7 | standardized instrument for general intelligence.
| ||||||
| 8 | (3) The evaluation determines that development is | ||||||
| 9 | substantially less
than expected for the age in cognitive, | ||||||
| 10 | affective or psychomotor behavior
as follows:
| ||||||
| 11 | (A) Cognitive, which involves intellectual | ||||||
| 12 | functioning at a measured
IQ of 70 or below. Assessment | ||||||
| 13 | of cognitive functioning must be measured by
a | ||||||
| 14 | standardized instrument for general intelligence.
| ||||||
| 15 | (B) Affective behavior, which involves over and | ||||||
| 16 | under responding to
stimuli in the environment and may | ||||||
| 17 | be observed in mood, attention to
awareness, or in | ||||||
| 18 | behaviors such as euphoria, anger or sadness that
| ||||||
| 19 | seriously limit integration into society. Affective | ||||||
| 20 | behavior must be based
on clinical medical and | ||||||
| 21 | psychiatric assessment using the appropriate
| ||||||
| 22 | instruments, techniques and
standards of measurement | ||||||
| 23 | required by the professional.
| ||||||
| 24 | (C) Psychomotor, which includes a severe | ||||||
| 25 | developmental delay in fine or
gross motor skills so | ||||||
| 26 | that development in self-care, social interaction,
| ||||||
| |||||||
| |||||||
| 1 | communication or physical activity will be greatly | ||||||
| 2 | delayed or restricted.
| ||||||
| 3 | (4) A determination that the disability originated | ||||||
| 4 | before the age of
18 years.
| ||||||
| 5 | A determination of severe and multiple impairments shall be | ||||||
| 6 | based upon a
comprehensive, documented assessment with an | ||||||
| 7 | evaluation by a licensed
clinical psychologist or | ||||||
| 8 | psychiatrist. If the examiner is a licensed
clinical | ||||||
| 9 | psychologist, ancillary evaluation of physical impairment,
| ||||||
| 10 | cerebral palsy or epilepsy must be made by a physician licensed | ||||||
| 11 | to practice
medicine in all its branches.
| ||||||
| 12 | Regardless of the discipline of the examiner, ancillary | ||||||
| 13 | evaluation of
visual impairment must be made by an | ||||||
| 14 | ophthalmologist or a licensed optometrist.
| ||||||
| 15 | Regardless of the discipline of the examiner, ancillary | ||||||
| 16 | evaluation of
hearing impairment must be made by an | ||||||
| 17 | otolaryngologist or an audiologist
with a certificate of | ||||||
| 18 | clinical competency.
| ||||||
| 19 | The only exception to the above is in the case of a person | ||||||
| 20 | with cerebral
palsy or epilepsy who, according to the | ||||||
| 21 | eligibility criteria listed below,
has multiple impairments | ||||||
| 22 | which are only physical and sensory. In such a
case, a | ||||||
| 23 | physician licensed to practice medicine in all its branches may
| ||||||
| 24 | serve as the examiner.
| ||||||
| 25 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)
| ||||||
| 2 | Sec. 3-4.
The Department shall establish a Family
| ||||||
| 3 | Assistance Program for Children with Mental Disabilities | ||||||
| 4 | Mentally Disabled Children ("the Program") under this
Article. | ||||||
| 5 | The purpose of the Program is to strengthen and promote the
| ||||||
| 6 | family and to prevent the out-of-home placement of children | ||||||
| 7 | with mental disabilities mentally disabled
children. The | ||||||
| 8 | Department shall implement the purpose of the Program by
| ||||||
| 9 | providing funds directly to families to defray some of the | ||||||
| 10 | costs of caring
for family members who have mental disabilities | ||||||
| 11 | mentally disabled family members, thereby
preventing or | ||||||
| 12 | delaying the out-of-home placement of family members.
| ||||||
| 13 | (Source: P.A. 86-921.)
| ||||||
| 14 | (405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)
| ||||||
| 15 | Sec. 3-9.1.
If an individual is terminated from the Program | ||||||
| 16 | solely
because the individual has attained the age of 18 years, | ||||||
| 17 | the individual
shall be allowed, through a transition process, | ||||||
| 18 | to enter the Home-Based
Support Program for Adults with Mental | ||||||
| 19 | Disabilities Mentally Disabled Adults if he or she meets the
| ||||||
| 20 | eligibility requirements set forth in Article II for that | ||||||
| 21 | program.
| ||||||
| 22 | (Source: P.A. 87-447.)
| ||||||
| 23 | (405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)
| ||||||
| 24 | Sec. 3-11.
Families will be required to provide assurances | ||||||
| |||||||
| |||||||
| 1 | that the
stipend will be used for the benefit of the person | ||||||
| 2 | with a disability disabled person such that it
will insure | ||||||
| 3 | their continued successive development. Annually, the family
| ||||||
| 4 | shall submit to the Department a
written statement signed by | ||||||
| 5 | the family member's parent or legal guardian
which states that | ||||||
| 6 | the stipend was used to meet the special needs of the family.
| ||||||
| 7 | (Source: P.A. 86-921.)
| ||||||
| 8 | (405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
| ||||||
| 9 | Sec. 4-1.
The Department of Human Services may provide | ||||||
| 10 | access to home-based
and community-based services for
children | ||||||
| 11 | and adults with mental disabilities mentally disabled children | ||||||
| 12 | and adults through the designation of local
screening and | ||||||
| 13 | assessment units and community support teams. The screening
and | ||||||
| 14 | assessment units shall provide comprehensive assessment; | ||||||
| 15 | develop
individual service plans; link the persons with mental | ||||||
| 16 | disabilities and
their families to community providers for | ||||||
| 17 | implementation of the plan; and
monitor the plan's | ||||||
| 18 | implementation for the time necessary to insure that the
plan | ||||||
| 19 | is appropriate and acceptable to the persons with mental | ||||||
| 20 | disabilities
and their families. The Department also will make | ||||||
| 21 | available community
support services in each local geographic | ||||||
| 22 | area for persons with severe
mental disabilities. Community | ||||||
| 23 | support teams will provide case management,
ongoing guidance | ||||||
| 24 | and assistance for persons with mental disabilities mentally | ||||||
| 25 | disabled persons; will offer
skills training, | ||||||
| |||||||
| |||||||
| 1 | crisis/behavioral intervention, client/family support, and
| ||||||
| 2 | access to medication management; and provide individual client | ||||||
| 3 | assistance to
access housing, financial benefits, and | ||||||
| 4 | employment-related services.
| ||||||
| 5 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 6 | (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
| ||||||
| 7 | Sec. 5-1.
As the mental health and developmental | ||||||
| 8 | disabilities or
intellectual disabilities authority for the | ||||||
| 9 | State of Illinois, the Department
of Human Services shall
have | ||||||
| 10 | the authority to license, certify and prescribe standards
| ||||||
| 11 | governing the programs and services provided under this Act, as | ||||||
| 12 | well as all
other agencies or programs which provide home-based | ||||||
| 13 | or community-based
services to persons with mental | ||||||
| 14 | disabilities the mentally disabled, except those services, | ||||||
| 15 | programs or
agencies established under or otherwise subject to | ||||||
| 16 | the Child Care Act of
1969, the Specialized Mental Health | ||||||
| 17 | Rehabilitation Act of 2013, or the ID/DD Community Care Act, as | ||||||
| 18 | now or hereafter amended, and this
Act shall not be construed | ||||||
| 19 | to limit the application of those Acts.
| ||||||
| 20 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 21 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
| 22 | Section 795. The Developmental Disability and Mental | ||||||
| 23 | Health Safety Act is amended by changing Sections 5, 15, and 40 | ||||||
| 24 | as follows:
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 82/5)
| ||||||
| 2 | Sec. 5. Legislative Findings. The General Assembly finds | ||||||
| 3 | all of the following: | ||||||
| 4 | (a) As a result of decades of significant under-funding of | ||||||
| 5 | Illinois' developmental disabilities and mental health service | ||||||
| 6 | delivery system, the quality of life of individuals with | ||||||
| 7 | disabilities has been negatively impacted and, in an | ||||||
| 8 | unacceptable number of instances, has resulted in serious | ||||||
| 9 | health consequences and even death. | ||||||
| 10 | (b) In response to growing concern over the safety of the | ||||||
| 11 | State-operated developmental disability facilities, following | ||||||
| 12 | a series of resident deaths, the agency designated by the | ||||||
| 13 | Governor pursuant to the Protection and Advocacy for Persons | ||||||
| 14 | with Developmental Disabilities Developmentally Disabled | ||||||
| 15 | Persons Act opened a systemic investigation to examine all such | ||||||
| 16 | deaths for a period of time, including the death of a young man | ||||||
| 17 | in his twenties, Brian Kent, on October 30, 2002, and released | ||||||
| 18 | a public report, "Life and Death in State-Operated | ||||||
| 19 | Developmental Disability Institutions," which included | ||||||
| 20 | findings and recommendations aimed at preventing such | ||||||
| 21 | tragedies in the future. | ||||||
| 22 | (c) The documentation of substandard medical care and | ||||||
| 23 | treatment of individual residents living in the State-operated | ||||||
| 24 | facilities cited in that report necessitate that the State of | ||||||
| 25 | Illinois take immediate action to prevent further injuries and | ||||||
| |||||||
| |||||||
| 1 | deaths. | ||||||
| 2 | (d) The agency designated by the Governor pursuant to the | ||||||
| 3 | Protection and Advocacy for Persons with Developmental | ||||||
| 4 | Disabilities Developmentally Disabled Persons Act has also | ||||||
| 5 | reviewed conditions and deaths of individuals with | ||||||
| 6 | disabilities living in or transferred to community-based | ||||||
| 7 | facilities and found similar problems in some of those | ||||||
| 8 | settings. | ||||||
| 9 | (e) The circumstances associated with deaths in both | ||||||
| 10 | State-operated facilities and community-based facilities, and | ||||||
| 11 | review of the State's investigations and findings regarding | ||||||
| 12 | these incidents, demonstrate that the current federal and State | ||||||
| 13 | oversight and investigatory systems are seriously | ||||||
| 14 | under-funded. | ||||||
| 15 | (f) An effective mortality review process enables state | ||||||
| 16 | service systems to focus on individual deaths and consider the | ||||||
| 17 | broader issues, policies, and practices that may contribute to | ||||||
| 18 | these tragedies. This critical information, when shared with | ||||||
| 19 | public and private facilities, can help to reduce circumstances | ||||||
| 20 | that place individuals at high risk of serious harm and even | ||||||
| 21 | death. | ||||||
| 22 | (g) The purpose of this Act is to establish within the | ||||||
| 23 | Department of Human Services a low-cost, volunteer-based | ||||||
| 24 | mortality review process conducted by an independent team of | ||||||
| 25 | experts that will enhance the health and safety of the | ||||||
| 26 | individuals served by Illinois' developmental disability and | ||||||
| |||||||
| |||||||
| 1 | mental health service delivery systems. | ||||||
| 2 | (h) This independent team of experts will be comparable to | ||||||
| 3 | 2 existing types of oversight teams: the Abuse Prevention | ||||||
| 4 | Review Team created under the jurisdiction of the Department of | ||||||
| 5 | Public Health, which examines deaths of individuals living in | ||||||
| 6 | long-term care facilities, and Child Death Review Teams created | ||||||
| 7 | under the jurisdiction of the Department of Children and Family | ||||||
| 8 | Services, which reviews the deaths of children.
| ||||||
| 9 | (Source: P.A. 96-1235, eff. 1-1-11.)
| ||||||
| 10 | (405 ILCS 82/15)
| ||||||
| 11 | Sec. 15. Mortality Review Process. | ||||||
| 12 | (a) The Department of Human Services shall develop an | ||||||
| 13 | independent team of experts from the academic, private, and | ||||||
| 14 | public sectors to examine all deaths at facilities and | ||||||
| 15 | community agencies. | ||||||
| 16 | (b) The Secretary of Human Services, in consultation with | ||||||
| 17 | the Director of Public Health, shall appoint members to the | ||||||
| 18 | independent team of experts, which shall consist of at least | ||||||
| 19 | one member from each of the following categories: | ||||||
| 20 | 1. Physicians experienced in providing medical care to | ||||||
| 21 | individuals with developmental disabilities. | ||||||
| 22 | 2. Physicians experienced in providing medical care to | ||||||
| 23 | individuals with mental illness. | ||||||
| 24 | 3. Registered nurses experienced in providing medical | ||||||
| 25 | care to individuals with developmental disabilities. | ||||||
| |||||||
| |||||||
| 1 | 4. Registered nurses experienced in providing medical | ||||||
| 2 | care to individuals with mental illness. | ||||||
| 3 | 5. Psychiatrists. | ||||||
| 4 | 6. Psychologists. | ||||||
| 5 | 7. Representatives of the Department of Human Services | ||||||
| 6 | who are not employed at the facility at which the death | ||||||
| 7 | occurred. | ||||||
| 8 | 8. Representatives of the Department of Public Health. | ||||||
| 9 | 9. Representatives of the agency designated by the | ||||||
| 10 | Governor pursuant to the Protection and Advocacy for | ||||||
| 11 | Persons with Developmental Disabilities Developmentally | ||||||
| 12 | Disabled Persons Act. | ||||||
| 13 | 10. State's Attorneys or State's Attorneys' | ||||||
| 14 | representatives. | ||||||
| 15 | 11. Coroners or forensic pathologists. | ||||||
| 16 | 12. Representatives of local hospitals, trauma | ||||||
| 17 | centers, or providers of emergency medical services. | ||||||
| 18 | 13. Other categories of persons, as the Secretary of | ||||||
| 19 | Human Services may see fit. | ||||||
| 20 | The independent team of experts may make recommendations to | ||||||
| 21 | the Secretary of Human Services concerning additional | ||||||
| 22 | appointments. Each team member must have demonstrated | ||||||
| 23 | experience and an interest in investigating, treating, or | ||||||
| 24 | preventing the deaths of individuals with disabilities. The | ||||||
| 25 | Secretary of Human Services shall appoint additional teams if | ||||||
| 26 | the Secretary or the existing team determines that more teams | ||||||
| |||||||
| |||||||
| 1 | are necessary to accomplish the purposes of this Act. The | ||||||
| 2 | members of a team shall be appointed for 2-year staggered terms | ||||||
| 3 | and shall be eligible for reappointment upon the expiration of | ||||||
| 4 | their terms. Each independent team shall select a Chairperson | ||||||
| 5 | from among its members. | ||||||
| 6 | (c) The independent team of experts shall examine the | ||||||
| 7 | deaths of all individuals who have died while under the care of | ||||||
| 8 | a facility or community agency. | ||||||
| 9 | (d) The purpose of the independent team of experts' | ||||||
| 10 | examination of such deaths is to do the following: | ||||||
| 11 | 1. Review the cause and manner of the individual's | ||||||
| 12 | death. | ||||||
| 13 | 2. Review all actions taken by the facility, State | ||||||
| 14 | agencies, or other entities to address the cause or causes | ||||||
| 15 | of death and the adequacy of medical care and treatment. | ||||||
| 16 | 3. Evaluate the means, if any, by which the death might | ||||||
| 17 | have been prevented. | ||||||
| 18 | 4. Report its observations and conclusions to the | ||||||
| 19 | Secretary of Human Services and make recommendations that | ||||||
| 20 | may help to reduce the number of unnecessary deaths. | ||||||
| 21 | 5. Promote continuing education for professionals | ||||||
| 22 | involved in investigating and preventing the unnecessary | ||||||
| 23 | deaths of individuals under the care of a facility or | ||||||
| 24 | community agency. | ||||||
| 25 | 6. Make specific recommendations to the Secretary of | ||||||
| 26 | Human Services concerning the prevention of unnecessary | ||||||
| |||||||
| |||||||
| 1 | deaths of individuals under the care of facilities and | ||||||
| 2 | community agencies, including changes in policies and | ||||||
| 3 | practices that will prevent harm to individuals with | ||||||
| 4 | disabilities, and the establishment of protocols for | ||||||
| 5 | investigating the deaths of these individuals. | ||||||
| 6 | (e) The independent team of experts must examine the cases | ||||||
| 7 | submitted to it on a quarterly basis. The team shall meet at | ||||||
| 8 | least once in each calendar quarter if there are cases to be | ||||||
| 9 | examined. The Department of Human Services shall forward cases | ||||||
| 10 | within 90 days after completion of a review or an investigation | ||||||
| 11 | into the death of an individual residing at a facility or | ||||||
| 12 | community agency. | ||||||
| 13 | (f) Within 90 days after receiving recommendations made by | ||||||
| 14 | the independent team of experts under subsection (d) of this | ||||||
| 15 | Section, the Secretary of Human Services must review those | ||||||
| 16 | recommendations, as feasible and appropriate, and shall | ||||||
| 17 | respond to the team in writing to explain the implementation of | ||||||
| 18 | those recommendations. | ||||||
| 19 | (g) The Secretary of Human Services shall establish | ||||||
| 20 | protocols governing the operation of the independent team. | ||||||
| 21 | Those protocols shall include the creation of sub-teams to | ||||||
| 22 | review the case records or portions of the case records and | ||||||
| 23 | report to the full team. The members of a sub-team shall be | ||||||
| 24 | composed of team members specially qualified to examine those | ||||||
| 25 | records. In any instance in which the independent team does not | ||||||
| 26 | operate in accordance with established protocol, the Secretary | ||||||
| |||||||
| |||||||
| 1 | of Human Services shall take any necessary actions to bring the | ||||||
| 2 | team into compliance with the protocol.
| ||||||
| 3 | (Source: P.A. 96-1235, eff. 1-1-11.)
| ||||||
| 4 | (405 ILCS 82/40)
| ||||||
| 5 | Sec. 40. Rights information. The Department of Human | ||||||
| 6 | Services shall ensure that individuals with disabilities and | ||||||
| 7 | their guardians and families receive sufficient information | ||||||
| 8 | regarding their rights, including the right to be safe, the | ||||||
| 9 | right to be free from abuse and neglect, the right to receive | ||||||
| 10 | quality services, and the right to an adequate discharge plan | ||||||
| 11 | and timely transition to the least restrictive setting to meet | ||||||
| 12 | their individual needs and desires. The Department shall | ||||||
| 13 | provide this information, which shall be developed in | ||||||
| 14 | collaboration with the agency designated by the Governor | ||||||
| 15 | pursuant to the Protection and Advocacy for Persons with | ||||||
| 16 | Developmental Disabilities Developmentally Disabled Persons | ||||||
| 17 | Act, in order to allow individuals with disabilities and their | ||||||
| 18 | guardians and families to make informed decisions regarding the | ||||||
| 19 | provision of services that can meet the individual's needs and | ||||||
| 20 | desires. The Department shall provide this information to all | ||||||
| 21 | facilities and community agencies to be made available upon | ||||||
| 22 | admission and at least annually thereafter for as long as the | ||||||
| 23 | individual remains in the facility.
| ||||||
| 24 | (Source: P.A. 96-1235, eff. 1-1-11.)
| ||||||
| |||||||
| |||||||
| 1 | Section 800. The Home Environment Living Program Act is | ||||||
| 2 | amended by changing Section 3 as follows:
| ||||||
| 3 | (405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)
| ||||||
| 4 | Sec. 3. Definitions. In this Act:
| ||||||
| 5 | (a) "Department" means the Department of Human Services.
| ||||||
| 6 | (b) "Project HELP" means the Home Environment Living | ||||||
| 7 | Program.
| ||||||
| 8 | (c) "Home caregiver" means a substitute family home which | ||||||
| 9 | provides
services and care to a child or adult who is a person | ||||||
| 10 | with a severe disability severely disabled.
| ||||||
| 11 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 12 | Section 805. The Elevator Tactile Identification Act is | ||||||
| 13 | amended by changing Section 1 as follows:
| ||||||
| 14 | (410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)
| ||||||
| 15 | Sec. 1.
In each building, including commercial, | ||||||
| 16 | residential and institutional
structures, served during | ||||||
| 17 | regular business hours by an unsupervised automatic
passenger | ||||||
| 18 | elevator for use by the general public, the elevator, or at | ||||||
| 19 | least
the left elevator where there is more than one elevator | ||||||
| 20 | in any bank of elevators,
shall be equipped with elevator | ||||||
| 21 | controls, within the elevator and at each
floor level served by | ||||||
| 22 | the elevator, which have tactile
identification or braille | ||||||
| 23 | markings, pursuant to the following schedule:
| ||||||
| |||||||
| |||||||
| 1 | (a) New elevators for which building permits are issued | ||||||
| 2 | after the effective
date of this Act or October 1, 1977, | ||||||
| 3 | whichever date is later - immediately;
| ||||||
| 4 | (b) Existing elevators undergoing renovation of the | ||||||
| 5 | control panel for
which building permits are issued after the | ||||||
| 6 | effective date of this Act or
October 1, 1977, whichever date | ||||||
| 7 | is later - immediately;
| ||||||
| 8 | (c) Existing elevators not undergoing renovation, the | ||||||
| 9 | earlier of:
| ||||||
| 10 | (1) 90 days after the effective date of Federal standards | ||||||
| 11 | governing elevator
control markings applicable to privately | ||||||
| 12 | owned buildings, or
| ||||||
| 13 | (2) June 30, 1980.
| ||||||
| 14 | All tactile identification except braille shall be in | ||||||
| 15 | contrasting colors
and consist of raised letters, numbers, | ||||||
| 16 | labels or plaques for persons with a visual disability the | ||||||
| 17 | visually handicapped.
| ||||||
| 18 | (Source: P.A. 80-384.)
| ||||||
| 19 | Section 810. The Child Vision and Hearing Test Act is | ||||||
| 20 | amended by changing Sections 3 and 7 as follows:
| ||||||
| 21 | (410 ILCS 205/3) (from Ch. 23, par. 2333)
| ||||||
| 22 | Sec. 3.
Vision and hearing screening services shall be | ||||||
| 23 | administered to all
children as early as possible, but no later | ||||||
| 24 | than their first year in any
public or private education | ||||||
| |||||||
| |||||||
| 1 | program, licensed day care center or
residential facility for | ||||||
| 2 | children with disabilities handicapped children; and | ||||||
| 3 | periodically
thereafter, to identify those children with | ||||||
| 4 | vision or hearing impairments
or both so that
such conditions | ||||||
| 5 | can be managed or treated.
| ||||||
| 6 | (Source: P.A. 81-174.)
| ||||||
| 7 | (410 ILCS 205/7) (from Ch. 23, par. 2337)
| ||||||
| 8 | Sec. 7.
The Director shall appoint a Children's Hearing | ||||||
| 9 | Services Advisory
Committee and a Children's Vision Services | ||||||
| 10 | Advisory Committee. The membership
of each committee shall not | ||||||
| 11 | exceed 10 individuals. In making appointments
to the Children's | ||||||
| 12 | Hearing Services Advisory Committee, the Director shall
| ||||||
| 13 | appoint individuals with knowledge of or experience in the | ||||||
| 14 | problems of children with a hearing disability hearing
| ||||||
| 15 | handicapped children and shall appoint at least 2 licensed
| ||||||
| 16 | physicians who specialize in the field of otolaryngology and | ||||||
| 17 | are recommended by
that organization representing the largest | ||||||
| 18 | number of physicians licensed to
practice medicine in all of | ||||||
| 19 | its branches in the State of Illinois, and at least
2 | ||||||
| 20 | audiologists. In making appointments to the Children's Vision
| ||||||
| 21 | Services Advisory Committee, the Director shall appoint 2 | ||||||
| 22 | members
(and one alternate) recommended by the Illinois Society | ||||||
| 23 | for the Prevention of
Blindness, 2 licensed physicians (and one | ||||||
| 24 | alternate) who
specialize in ophthalmology and are recommended | ||||||
| 25 | by that
organization representing the largest number of | ||||||
| |||||||
| |||||||
| 1 | physicians licensed to practice
medicine in all of its branches | ||||||
| 2 | in the State of Illinois, and 2
licensed optometrists (and one | ||||||
| 3 | alternate) recommended by that organization
representing the | ||||||
| 4 | largest number of licensed optometrists in the State of
| ||||||
| 5 | Illinois, as members of the Children's Vision Services Advisory | ||||||
| 6 | Committee.
| ||||||
| 7 | The Children's Hearing Services Advisory Committee shall | ||||||
| 8 | advise the
Department in the implementation and administration | ||||||
| 9 | of the hearing services
program and in the development of rules | ||||||
| 10 | and regulations pertaining to that
program. The Children's | ||||||
| 11 | Vision Services Advisory Committee shall advise the
Department | ||||||
| 12 | in the development of rules and regulations pertaining to that
| ||||||
| 13 | program. Each committee shall select a chairman from its | ||||||
| 14 | membership and shall
meet at least once in each calendar year.
| ||||||
| 15 | The members of the Advisory Committees shall receive no | ||||||
| 16 | compensation
for their services; however, the nongovernmental | ||||||
| 17 | members shall be
reimbursed for actual expenses incurred in the | ||||||
| 18 | performance of their duties
in accordance with the State of | ||||||
| 19 | Illinois travel regulations.
| ||||||
| 20 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
| 21 | Section 815. The Developmental Disability Prevention Act | ||||||
| 22 | is amended by changing Sections 1, 2, 3, and 11 as follows:
| ||||||
| 23 | (410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)
| ||||||
| 24 | Sec. 1.
| ||||||
| |||||||
| |||||||
| 1 | It is hereby declared to be the policy of the State of | ||||||
| 2 | Illinois that the
prevention of perinatal mortality and | ||||||
| 3 | conditions leading to developmental
disabilities and other | ||||||
| 4 | handicapping disabilities is a high priority for
attention. | ||||||
| 5 | Efforts to reduce the incidence of perinatal risk factors by
| ||||||
| 6 | early identification and management of the high risk woman of | ||||||
| 7 | childbearing
age, fetus and newborn will not only decrease the | ||||||
| 8 | predisposition to
disability but will also prove to be a | ||||||
| 9 | cost-effective endeavor, reducing
State and private | ||||||
| 10 | expenditures for the care and maintenance of those
persons | ||||||
| 11 | whose disability was a result of disabled from perinatal risk | ||||||
| 12 | factors.
| ||||||
| 13 | (Source: P.A. 78-557.)
| ||||||
| 14 | (410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
| ||||||
| 15 | Sec. 2.
As used in this Act:
| ||||||
| 16 | a "perinatal" means the period of time between the | ||||||
| 17 | conception of an
infant and the end of the first month of life;
| ||||||
| 18 | b "congenital" means those intrauterine factors which | ||||||
| 19 | influence the
growth, development and function of the fetus;
| ||||||
| 20 | c "environmental" means those extrauterine factors which | ||||||
| 21 | influence the
adaptation, well being or life of the newborn and | ||||||
| 22 | may lead to disability;
| ||||||
| 23 | d "high risk" means an increased level of risk of harm or | ||||||
| 24 | mortality to
the woman of childbearing age, fetus or newborn | ||||||
| 25 | from congenital and/or
environmental factors;
| ||||||
| |||||||
| |||||||
| 1 | e "perinatal center" means a referral facility intended to | ||||||
| 2 | care for the
high risk patient before, during, or after labor | ||||||
| 3 | and delivery and
characterized by sophistication and | ||||||
| 4 | availability of personnel, equipment,
laboratory, | ||||||
| 5 | transportation techniques, consultation and other support
| ||||||
| 6 | services;
| ||||||
| 7 | f "developmental disability" means an intellectual | ||||||
| 8 | disability, cerebral palsy,
epilepsy, or other neurological | ||||||
| 9 | disabling handicapping conditions of an individual
found to be | ||||||
| 10 | closely related to an intellectual disability or to require | ||||||
| 11 | treatment
similar to that required by individuals with an | ||||||
| 12 | intellectual disability intellectually disabled individuals, | ||||||
| 13 | and the
disability originates before such individual attains | ||||||
| 14 | age 18, and has
continued, or can be expected to continue | ||||||
| 15 | indefinitely, and constitutes a
substantial disability | ||||||
| 16 | handicap of such individuals;
| ||||||
| 17 | g "disability" means a condition characterized by | ||||||
| 18 | temporary or
permanent, partial or complete impairment of | ||||||
| 19 | physical, mental or
physiological function;
| ||||||
| 20 | h "Department" means the Department of Public Health.
| ||||||
| 21 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 22 | (410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)
| ||||||
| 23 | Sec. 3.
By January 1, 1974, the Department, in conjunction | ||||||
| 24 | with its appropriate
advisory planning committee, shall | ||||||
| 25 | develop standards for all levels of hospital
perinatal care to | ||||||
| |||||||
| |||||||
| 1 | include regional perinatal centers. Such standards shall
| ||||||
| 2 | recognize and correlate with the Hospital Licensing Act | ||||||
| 3 | approved July 1,
1953, as amended. The standards shall assure | ||||||
| 4 | that:
| ||||||
| 5 | (a) facilities are equipped and prepared to stabilize | ||||||
| 6 | infants prior to transport;
| ||||||
| 7 | (b) coordination exists between general maternity care and | ||||||
| 8 | perinatal centers;
| ||||||
| 9 | (c) unexpected complications during delivery can be | ||||||
| 10 | properly managed;
| ||||||
| 11 | (d) all high risk pregnancies and childbirths are reviewed | ||||||
| 12 | at each hospital
or maternity center to determine if such | ||||||
| 13 | children are born with a disabling handicapping
condition or | ||||||
| 14 | developmental disability that threatens life or development;
| ||||||
| 15 | (e) procedures are implemented to identify and report to | ||||||
| 16 | the Department
all births of children with disabling | ||||||
| 17 | handicapping conditions or developmental disabilities
that | ||||||
| 18 | threaten life or development;
| ||||||
| 19 | (f) children identified as having a disabling handicapping | ||||||
| 20 | condition or developmental
disability that threatens life or | ||||||
| 21 | development are promptly evaluated in
consultation with | ||||||
| 22 | designated regional perinatal centers and referred,
when | ||||||
| 23 | appropriate, to
such centers, or to other medical specialty | ||||||
| 24 | services, as
approved by the Department and in accordance with | ||||||
| 25 | the level of perinatal
care authorized for each hospital or | ||||||
| 26 | maternity care center for the proper
management and treatment | ||||||
| |||||||
| |||||||
| 1 | of such condition or disability;
| ||||||
| 2 | (g) hospital or maternity centers conduct postnatal | ||||||
| 3 | reviews of all
perinatal deaths as well as reviews of the | ||||||
| 4 | births of children born with
disabling handicapping conditions | ||||||
| 5 | or developmental disabilities that threaten life or
| ||||||
| 6 | development, utilizing criteria of case selection developed by | ||||||
| 7 | such hospitals
or maternity centers, or the appropriate medical | ||||||
| 8 | staff committees thereof,
in order to determine the | ||||||
| 9 | appropriateness of diagnosis and treatment and
the adequacy of | ||||||
| 10 | procedures to prevent such disabilities or the loss of life;
| ||||||
| 11 | (h) high risk mothers and their spouses are provided | ||||||
| 12 | information, referral
and counseling services to ensure | ||||||
| 13 | informed consent to the treatment of children
born with | ||||||
| 14 | disabling handicapping conditions or developmental | ||||||
| 15 | disabilities;
| ||||||
| 16 | (i) parents and families are provided information, | ||||||
| 17 | referral and counseling
services to assist in obtaining | ||||||
| 18 | habilitation, rehabilitation
and special education services
| ||||||
| 19 | for children born with disabling handicapping conditions or | ||||||
| 20 | developmental disabilities,
so that such children have an | ||||||
| 21 | opportunity to realize full potential.
Such standards shall | ||||||
| 22 | include, but not be limited to, the establishment of
procedures | ||||||
| 23 | for notification of the appropriate State and local educational
| ||||||
| 24 | service agencies regarding children who may require evaluation | ||||||
| 25 | and assessment
under such agencies;
| ||||||
| 26 | (j) consultation when indicated is provided for and | ||||||
| |||||||
| |||||||
| 1 | available.
Perinatal centers shall provide care for the high | ||||||
| 2 | risk expectant mother who may deliver
a distressed infant or | ||||||
| 3 | infant with a disability or disabled infant. Such centers shall | ||||||
| 4 | also provide intensive
care to the high risk newborn whose life | ||||||
| 5 | or physical well-being is in jeopardy.
Standards shall include | ||||||
| 6 | the availability of: 1 trained personnel; 2 trained
neonatal | ||||||
| 7 | nursing staff; 3 x-ray and laboratory equipment available on a
| ||||||
| 8 | 24-hour basis; 4 infant monitoring equipment; 5 transportation | ||||||
| 9 | of mothers
and/or infants; 6 genetic services; 7 surgical and | ||||||
| 10 | cardiology consultation;
and 8 other support services as may be | ||||||
| 11 | required.
| ||||||
| 12 | The standards under this Section shall be established by | ||||||
| 13 | rules and
regulations of the Department. Such standards shall | ||||||
| 14 | be deemed sufficient
for the purposes of this Act if they | ||||||
| 15 | require the perinatal care facilities
to submit plans or enter | ||||||
| 16 | into agreements with the Department which
adequately address | ||||||
| 17 | the requirements of paragraphs (a) through (j) above.
| ||||||
| 18 | (Source: P.A. 84-1308.)
| ||||||
| 19 | (410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)
| ||||||
| 20 | Sec. 11.
| ||||||
| 21 | The Department shall develop by July 1, 1974, and revise as | ||||||
| 22 | necessary
each year thereafter, criteria for the | ||||||
| 23 | identification of mothers at risk of
delivering a child whose | ||||||
| 24 | life or development may be threatened by a
disabling | ||||||
| 25 | handicapping condition. Such criteria shall include but need | ||||||
| |||||||
| |||||||
| 1 | not be limited
to: (1) history of premature births; (2) | ||||||
| 2 | complications in pregnancy
including toxemia; (3) onset of | ||||||
| 3 | rubella during pregnancy; (4) extreme age;
and (5) incompatible | ||||||
| 4 | blood group.
| ||||||
| 5 | (Source: P.A. 78-557.)
| ||||||
| 6 | Section 820. The Space Heating Safety Act is amended by | ||||||
| 7 | changing Section 9 as follows:
| ||||||
| 8 | (425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
| ||||||
| 9 | Sec. 9. Prohibited Use of Kerosene Heaters. The use of | ||||||
| 10 | kerosene
fueled heaters will be prohibited under any | ||||||
| 11 | circumstances in the following
types of structures:
| ||||||
| 12 | (i) Nursing homes or convalescent centers;
| ||||||
| 13 | (ii) Day-care centers having children present;
| ||||||
| 14 | (iii) Any type of center for persons with disabilities the | ||||||
| 15 | handicapped;
| ||||||
| 16 | (iv) Common areas of multifamily dwellings;
| ||||||
| 17 | (v) Hospitals;
| ||||||
| 18 | (vi) Structures more than 3 stories in height; and
| ||||||
| 19 | (vii) Structures open to the public which have a capacity | ||||||
| 20 | for 50 or more persons.
| ||||||
| 21 | (Source: P.A. 84-834.)
| ||||||
| 22 | Section 825. The Illinois Poison Prevention Packaging Act | ||||||
| 23 | is amended by changing Section 4 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 40/4) (from Ch. 111 1/2, par. 294)
| ||||||
| 2 | Sec. 4.
| ||||||
| 3 | (a) For the purpose of making any household substance which | ||||||
| 4 | is subject
to a standard established under Section 3 readily | ||||||
| 5 | available to elderly persons or persons with disabilities or
| ||||||
| 6 | handicapped persons unable to use such substance when packaged | ||||||
| 7 | in
compliance with such standard, the manufacturer or packer, | ||||||
| 8 | as the case may
be, may package any household substance, | ||||||
| 9 | subject to such a standard, in
packaging of a single size which | ||||||
| 10 | does not comply with such standard if:
| ||||||
| 11 | (1) the manufacturer or packer also supplies such substance | ||||||
| 12 | in packages
which comply with such standard; and
| ||||||
| 13 | (2) the packages of such substance which do not meet such | ||||||
| 14 | standard bear
conspicuous labeling stating: "This package for | ||||||
| 15 | households without young
children"; except that the Director | ||||||
| 16 | may by regulation prescribe a
substitute statement to the same | ||||||
| 17 | effect for packaging too small to
accommodate such labeling.
| ||||||
| 18 | (b) In the case of a household substance which is subject | ||||||
| 19 | to such a
standard and which is dispensed pursuant to an order | ||||||
| 20 | of a physician,
dentist, or other licensed medical practitioner | ||||||
| 21 | authorized to prescribe,
such substance may be dispensed in | ||||||
| 22 | noncomplying packages only when directed
in such order or when | ||||||
| 23 | requested by the purchaser.
| ||||||
| 24 | (c) In the case of a household substance subject to such a | ||||||
| 25 | standard
which is packaged under subsection (a) in a | ||||||
| |||||||
| |||||||
| 1 | noncomplying package, if the
Director determines that such | ||||||
| 2 | substance is not also being supplied by a
manufacturer or | ||||||
| 3 | packer in popular size packages which comply with such
| ||||||
| 4 | standard, he may, after giving the manufacturer or packer an | ||||||
| 5 | opportunity to
comply with the purposes of this Act, by order | ||||||
| 6 | require such substance to be
packaged by such manufacturer or | ||||||
| 7 | packer exclusively in special packaging
complying with such | ||||||
| 8 | standard if he finds, after opportunity for hearing,
that such | ||||||
| 9 | exclusive use of special packaging is necessary to accomplish | ||||||
| 10 | the
purposes of this Act.
| ||||||
| 11 | (Source: P.A. 77-2158.)
| ||||||
| 12 | Section 830. The Firearm Owners Identification Card Act is | ||||||
| 13 | amended by changing Sections 1.1, 4, 8, and 8.1 as follows:
| ||||||
| 14 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
| 15 | Sec. 1.1. For purposes of this Act:
| ||||||
| 16 | "Addicted to narcotics" means a person who has been: | ||||||
| 17 | (1) convicted of an offense involving the use or | ||||||
| 18 | possession of cannabis, a controlled substance, or | ||||||
| 19 | methamphetamine within the past year; or | ||||||
| 20 | (2) determined by the Department of State Police to be | ||||||
| 21 | addicted to narcotics based upon federal law or federal | ||||||
| 22 | guidelines. | ||||||
| 23 | "Addicted to narcotics" does not include possession or use | ||||||
| 24 | of a prescribed controlled substance under the direction and | ||||||
| |||||||
| |||||||
| 1 | authority of a physician or other person authorized to | ||||||
| 2 | prescribe the controlled substance when the controlled | ||||||
| 3 | substance is used in the prescribed manner. | ||||||
| 4 | "Adjudicated as a person with a mental disability" mentally | ||||||
| 5 | disabled person" means the person is the subject of a | ||||||
| 6 | determination by a court, board, commission or other lawful | ||||||
| 7 | authority that the person, as a result of marked subnormal | ||||||
| 8 | intelligence, or mental illness, mental impairment, | ||||||
| 9 | incompetency, condition, or disease: | ||||||
| 10 | (1) presents a clear and present danger to himself, | ||||||
| 11 | herself, or to others; | ||||||
| 12 | (2) lacks the mental capacity to manage his or her own | ||||||
| 13 | affairs or is adjudicated a person with a disability | ||||||
| 14 | disabled person as defined in Section 11a-2 of the Probate | ||||||
| 15 | Act of 1975; | ||||||
| 16 | (3) is not guilty in a criminal case by reason of | ||||||
| 17 | insanity, mental disease or defect; | ||||||
| 18 | (3.5) is guilty but mentally ill, as provided in | ||||||
| 19 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
| 20 | (4) is incompetent to stand trial in a criminal case; | ||||||
| 21 | (5) is not guilty by reason of lack of mental | ||||||
| 22 | responsibility under Articles 50a and 72b of the Uniform | ||||||
| 23 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
| 24 | (6) is a sexually violent person under subsection (f) | ||||||
| 25 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
| 26 | Act; | ||||||
| |||||||
| |||||||
| 1 | (7) is a sexually dangerous person under the Sexually | ||||||
| 2 | Dangerous Persons Act; | ||||||
| 3 | (8) is unfit to stand trial under the Juvenile Court | ||||||
| 4 | Act of 1987; | ||||||
| 5 | (9) is not guilty by reason of insanity under the | ||||||
| 6 | Juvenile Court Act of 1987; | ||||||
| 7 | (10) is subject to involuntary admission as an | ||||||
| 8 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
| 9 | and Developmental Disabilities Code; | ||||||
| 10 | (11) is subject to involuntary admission as an | ||||||
| 11 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
| 12 | Health and Developmental Disabilities Code; | ||||||
| 13 | (12) is subject to judicial admission as set forth in | ||||||
| 14 | Section 4-500 of the Mental Health and Developmental | ||||||
| 15 | Disabilities Code; or | ||||||
| 16 | (13) is subject to the provisions of the Interstate | ||||||
| 17 | Agreements on Sexually Dangerous Persons Act. | ||||||
| 18 | "Clear and present danger" means a person who: | ||||||
| 19 | (1) communicates a serious threat of physical violence | ||||||
| 20 | against a reasonably identifiable victim or poses a clear | ||||||
| 21 | and imminent risk of serious physical injury to himself, | ||||||
| 22 | herself, or another person as determined by a physician, | ||||||
| 23 | clinical psychologist, or qualified examiner; or | ||||||
| 24 | (2) demonstrates threatening physical or verbal | ||||||
| 25 | behavior, such as violent, suicidal, or assaultive | ||||||
| 26 | threats, actions, or other behavior, as determined by a | ||||||
| |||||||
| |||||||
| 1 | physician, clinical psychologist, qualified examiner, | ||||||
| 2 | school administrator, or law enforcement official. | ||||||
| 3 | "Clinical psychologist" has the meaning provided in | ||||||
| 4 | Section 1-103 of the Mental Health and Developmental | ||||||
| 5 | Disabilities Code. | ||||||
| 6 | "Controlled substance" means a controlled substance or | ||||||
| 7 | controlled substance analog as defined in the Illinois | ||||||
| 8 | Controlled Substances Act. | ||||||
| 9 | "Counterfeit" means to copy or imitate, without legal | ||||||
| 10 | authority, with
intent
to deceive. | ||||||
| 11 | "Developmentally disabled" means a disability which is | ||||||
| 12 | attributable to any other condition which results in impairment | ||||||
| 13 | similar to that caused by an intellectual disability and which | ||||||
| 14 | requires services similar to those required by intellectually | ||||||
| 15 | disabled persons. The disability must originate before the age | ||||||
| 16 | of 18
years, be expected to continue indefinitely, and | ||||||
| 17 | constitute a substantial handicap. | ||||||
| 18 | "Federally licensed firearm dealer" means a person who is | ||||||
| 19 | licensed as a federal firearms dealer under Section 923 of the | ||||||
| 20 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
| 21 | "Firearm" means any device, by
whatever name known, which | ||||||
| 22 | is designed to expel a projectile or projectiles
by the action | ||||||
| 23 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
| 24 | however:
| ||||||
| 25 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 26 | B-B gun which
expels a single globular projectile not | ||||||
| |||||||
| |||||||
| 1 | exceeding .18 inch in
diameter or which has a maximum | ||||||
| 2 | muzzle velocity of less than 700 feet
per second;
| ||||||
| 3 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 4 | B-B gun which expels breakable paint balls containing | ||||||
| 5 | washable marking colors;
| ||||||
| 6 | (2) any device used exclusively for signalling or | ||||||
| 7 | safety and required or
recommended by the United States | ||||||
| 8 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
| 9 | (3) any device used exclusively for the firing of stud | ||||||
| 10 | cartridges,
explosive rivets or similar industrial | ||||||
| 11 | ammunition; and
| ||||||
| 12 | (4) an antique firearm (other than a machine-gun) | ||||||
| 13 | which, although
designed as a weapon, the Department of | ||||||
| 14 | State Police finds by reason of
the date of its | ||||||
| 15 | manufacture, value, design, and other characteristics is
| ||||||
| 16 | primarily a collector's item and is not likely to be used | ||||||
| 17 | as a weapon.
| ||||||
| 18 | "Firearm ammunition" means any self-contained cartridge or | ||||||
| 19 | shotgun
shell, by whatever name known, which is designed to be | ||||||
| 20 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
| 21 | (1) any ammunition exclusively designed for use with a | ||||||
| 22 | device used
exclusively for signalling or safety and | ||||||
| 23 | required or recommended by the
United States Coast Guard or | ||||||
| 24 | the Interstate Commerce Commission; and
| ||||||
| 25 | (2) any ammunition designed exclusively for use with a | ||||||
| 26 | stud or rivet
driver or other similar industrial | ||||||
| |||||||
| |||||||
| 1 | ammunition. | ||||||
| 2 | "Gun show" means an event or function: | ||||||
| 3 | (1) at which the sale and transfer of firearms is the | ||||||
| 4 | regular and normal course of business and where 50 or more | ||||||
| 5 | firearms are displayed, offered, or exhibited for sale, | ||||||
| 6 | transfer, or exchange; or | ||||||
| 7 | (2) at which not less than 10 gun show vendors display, | ||||||
| 8 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
| 9 | firearms.
| ||||||
| 10 | "Gun show" includes the entire premises provided for an | ||||||
| 11 | event or function, including parking areas for the event or | ||||||
| 12 | function, that is sponsored to facilitate the purchase, sale, | ||||||
| 13 | transfer, or exchange of firearms as described in this Section.
| ||||||
| 14 | "Gun show" does not include training or safety classes, | ||||||
| 15 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
| 16 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
| 17 | banquets, raffles, or
any other event where the sale or | ||||||
| 18 | transfer of firearms is not the primary course of business. | ||||||
| 19 | "Gun show promoter" means a person who organizes or | ||||||
| 20 | operates a gun show. | ||||||
| 21 | "Gun show vendor" means a person who exhibits, sells, | ||||||
| 22 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
| 23 | show, regardless of whether the person arranges with a gun show | ||||||
| 24 | promoter for a fixed location from which to exhibit, sell, | ||||||
| 25 | offer for sale, transfer, or exchange any firearm. | ||||||
| 26 | "Intellectually disabled" means significantly subaverage | ||||||
| |||||||
| |||||||
| 1 | general intellectual functioning which exists concurrently | ||||||
| 2 | with impairment in adaptive behavior and which originates | ||||||
| 3 | before the age of 18 years. | ||||||
| 4 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
| 5 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
| 6 | Developmental Disabilities Code. | ||||||
| 7 | "Mental health facility" means any licensed private | ||||||
| 8 | hospital or hospital affiliate, institution, or facility, or | ||||||
| 9 | part thereof, and any facility, or part thereof, operated by | ||||||
| 10 | the State or a political subdivision thereof which provide | ||||||
| 11 | treatment of persons with mental illness and includes all | ||||||
| 12 | hospitals, institutions, clinics, evaluation facilities, | ||||||
| 13 | mental health centers, colleges, universities, long-term care | ||||||
| 14 | facilities, and nursing homes, or parts thereof, which provide | ||||||
| 15 | treatment of persons with mental illness whether or not the | ||||||
| 16 | primary purpose is to provide treatment of persons with mental | ||||||
| 17 | illness. | ||||||
| 18 | "Patient" means: | ||||||
| 19 | (1) a person who voluntarily receives mental health | ||||||
| 20 | treatment as an in-patient or resident of any public or | ||||||
| 21 | private mental health facility, unless the treatment was | ||||||
| 22 | solely for an alcohol abuse disorder and no other secondary | ||||||
| 23 | substance abuse disorder or mental illness; or | ||||||
| 24 | (2) a person who voluntarily receives mental health | ||||||
| 25 | treatment as an out-patient or is provided services by a | ||||||
| 26 | public or private mental health facility, and who poses a | ||||||
| |||||||
| |||||||
| 1 | clear and present danger to himself, herself, or to others. | ||||||
| 2 | "Person with a developmental disability" means a person | ||||||
| 3 | with a disability which is attributable to any other condition | ||||||
| 4 | which results in impairment similar to that caused by an | ||||||
| 5 | intellectual disability and which requires services similar to | ||||||
| 6 | those required by persons with intellectual disabilities. The | ||||||
| 7 | disability must originate before the age of 18
years, be | ||||||
| 8 | expected to continue indefinitely, and constitute a | ||||||
| 9 | substantial disability. | ||||||
| 10 | "Person with an intellectual disability" means a person | ||||||
| 11 | with a significantly subaverage general intellectual | ||||||
| 12 | functioning which exists concurrently with impairment in | ||||||
| 13 | adaptive behavior and which originates before the age of 18 | ||||||
| 14 | years. | ||||||
| 15 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
| 16 | the Mental Health and Developmental Disabilities Code. | ||||||
| 17 | "Qualified examiner" has the meaning provided in Section | ||||||
| 18 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
| 19 | "Sanctioned competitive shooting event" means a shooting | ||||||
| 20 | contest officially recognized by a national or state shooting | ||||||
| 21 | sport association, and includes any sight-in or practice | ||||||
| 22 | conducted in conjunction with the event.
| ||||||
| 23 | "School administrator" means the person required to report | ||||||
| 24 | under the School Administrator Reporting of Mental Health Clear | ||||||
| 25 | and Present Danger Determinations Law. | ||||||
| 26 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
| |||||||
| |||||||
| 1 | Section 24-1 of the Criminal Code of 2012. | ||||||
| 2 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
| 3 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| ||||||
| 4 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
| 5 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
| 6 | Identification Card must:
| ||||||
| 7 | (1) Make application on blank forms prepared and | ||||||
| 8 | furnished at convenient
locations throughout the State by | ||||||
| 9 | the Department of State Police, or by
electronic means, if | ||||||
| 10 | and when made available by the Department of State
Police; | ||||||
| 11 | and
| ||||||
| 12 | (2) Submit evidence to the Department of State Police | ||||||
| 13 | that:
| ||||||
| 14 | (i) He or she is 21 years of age or over, or if he | ||||||
| 15 | or she is under 21
years of age that he or she has the | ||||||
| 16 | written consent of his or her parent or
legal guardian | ||||||
| 17 | to possess and acquire firearms and firearm ammunition | ||||||
| 18 | and that
he or she has never been convicted of a | ||||||
| 19 | misdemeanor other than a traffic
offense or adjudged
| ||||||
| 20 | delinquent, provided, however, that such parent or | ||||||
| 21 | legal guardian is not an
individual prohibited from | ||||||
| 22 | having a Firearm Owner's Identification Card and
files | ||||||
| 23 | an affidavit with the Department as prescribed by the | ||||||
| 24 | Department
stating that he or she is not an individual | ||||||
| 25 | prohibited from having a Card;
| ||||||
| |||||||
| |||||||
| 1 | (ii) He or she has not been convicted of a felony | ||||||
| 2 | under the laws of
this or any other jurisdiction;
| ||||||
| 3 | (iii) He or she is not addicted to narcotics;
| ||||||
| 4 | (iv) He or she has not been a patient in a mental | ||||||
| 5 | health facility within
the past 5 years or, if he or | ||||||
| 6 | she has been a patient in a mental health facility more | ||||||
| 7 | than 5 years ago submit the certification required | ||||||
| 8 | under subsection (u) of Section 8 of this Act;
| ||||||
| 9 | (v) He or she is not a person with an intellectual | ||||||
| 10 | disability intellectually disabled;
| ||||||
| 11 | (vi) He or she is not an alien who is unlawfully | ||||||
| 12 | present in the
United States under the laws of the | ||||||
| 13 | United States;
| ||||||
| 14 | (vii) He or she is not subject to an existing order | ||||||
| 15 | of protection
prohibiting him or her from possessing a | ||||||
| 16 | firearm;
| ||||||
| 17 | (viii) He or she has not been convicted within the | ||||||
| 18 | past 5 years of
battery, assault, aggravated assault, | ||||||
| 19 | violation of an order of
protection, or a substantially | ||||||
| 20 | similar offense in another jurisdiction, in
which a | ||||||
| 21 | firearm was used or possessed;
| ||||||
| 22 | (ix) He or she has not been convicted of domestic | ||||||
| 23 | battery, aggravated domestic battery, or a
| ||||||
| 24 | substantially similar offense in another
jurisdiction | ||||||
| 25 | committed before, on or after January 1, 2012 (the | ||||||
| 26 | effective date of Public Act 97-158). If the applicant | ||||||
| |||||||
| |||||||
| 1 | knowingly and intelligently waives the right to have an | ||||||
| 2 | offense described in this clause (ix) tried by a jury, | ||||||
| 3 | and by guilty plea or otherwise, results in a | ||||||
| 4 | conviction for an offense in which a domestic | ||||||
| 5 | relationship is not a required element of the offense | ||||||
| 6 | but in which a determination of the applicability of 18 | ||||||
| 7 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
| 8 | Code of Criminal Procedure of 1963, an entry by the | ||||||
| 9 | court of a judgment of conviction for that offense | ||||||
| 10 | shall be grounds for denying the issuance of a Firearm | ||||||
| 11 | Owner's Identification Card under this Section;
| ||||||
| 12 | (x) (Blank);
| ||||||
| 13 | (xi) He or she is not an alien who has been | ||||||
| 14 | admitted to the United
States under a non-immigrant | ||||||
| 15 | visa (as that term is defined in Section
101(a)(26) of | ||||||
| 16 | the Immigration and Nationality Act (8 U.S.C. | ||||||
| 17 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
| 18 | been lawfully admitted to the United
States under a | ||||||
| 19 | non-immigrant visa if that alien is:
| ||||||
| 20 | (1) admitted to the United States for lawful | ||||||
| 21 | hunting or sporting
purposes;
| ||||||
| 22 | (2) an official representative of a foreign | ||||||
| 23 | government who is:
| ||||||
| 24 | (A) accredited to the United States | ||||||
| 25 | Government or the Government's
mission to an | ||||||
| 26 | international organization having its | ||||||
| |||||||
| |||||||
| 1 | headquarters in the United
States; or
| ||||||
| 2 | (B) en route to or from another country to | ||||||
| 3 | which that alien is
accredited;
| ||||||
| 4 | (3) an official of a foreign government or | ||||||
| 5 | distinguished foreign
visitor who has been so | ||||||
| 6 | designated by the Department of State;
| ||||||
| 7 | (4) a foreign law enforcement officer of a | ||||||
| 8 | friendly foreign
government entering the United | ||||||
| 9 | States on official business; or
| ||||||
| 10 | (5) one who has received a waiver from the | ||||||
| 11 | Attorney General of the
United States pursuant to | ||||||
| 12 | 18 U.S.C. 922(y)(3);
| ||||||
| 13 | (xii) He or she is not a minor subject to a | ||||||
| 14 | petition filed
under Section 5-520 of the Juvenile | ||||||
| 15 | Court Act of 1987 alleging that the
minor is a | ||||||
| 16 | delinquent minor for the commission of an offense that | ||||||
| 17 | if
committed by an adult would be a felony;
| ||||||
| 18 | (xiii) He or she is not an adult who had been | ||||||
| 19 | adjudicated a delinquent
minor under the Juvenile | ||||||
| 20 | Court Act of 1987 for the commission of an offense
that | ||||||
| 21 | if committed by an adult would be a felony;
| ||||||
| 22 | (xiv) He or she is a resident of the State of | ||||||
| 23 | Illinois; | ||||||
| 24 | (xv) He or she has not been adjudicated as a person | ||||||
| 25 | with a mental disability mentally disabled person; | ||||||
| 26 | (xvi) He or she has not been involuntarily admitted | ||||||
| |||||||
| |||||||
| 1 | into a mental health facility; and | ||||||
| 2 | (xvii) He or she is not a person with a | ||||||
| 3 | developmental disability developmentally disabled; and
| ||||||
| 4 | (3) Upon request by the Department of State Police, | ||||||
| 5 | sign a release on a
form prescribed by the Department of | ||||||
| 6 | State Police waiving any right to
confidentiality and | ||||||
| 7 | requesting the disclosure to the Department of State Police
| ||||||
| 8 | of limited mental health institution admission information | ||||||
| 9 | from another state,
the District of Columbia, any other | ||||||
| 10 | territory of the United States, or a
foreign nation | ||||||
| 11 | concerning the applicant for the sole purpose of | ||||||
| 12 | determining
whether the applicant is or was a patient in a | ||||||
| 13 | mental health institution and
disqualified because of that | ||||||
| 14 | status from receiving a Firearm Owner's
Identification | ||||||
| 15 | Card. No mental health care or treatment records may be
| ||||||
| 16 | requested. The information received shall be destroyed | ||||||
| 17 | within one year of
receipt.
| ||||||
| 18 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
| 19 | Card who is over
the age of 18 shall furnish to the Department | ||||||
| 20 | of State Police either his or
her Illinois driver's license | ||||||
| 21 | number or Illinois Identification Card number, except as
| ||||||
| 22 | provided in subsection (a-10).
| ||||||
| 23 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
| 24 | Card,
who is employed as a law enforcement officer, an armed | ||||||
| 25 | security officer in Illinois, or by the United States Military
| ||||||
| 26 | permanently assigned in Illinois and who is not an Illinois | ||||||
| |||||||
| |||||||
| 1 | resident, shall furnish to
the Department of State Police his | ||||||
| 2 | or her driver's license number or state
identification card | ||||||
| 3 | number from his or her state of residence. The Department
of | ||||||
| 4 | State Police may adopt rules to enforce the provisions of this
| ||||||
| 5 | subsection (a-10).
| ||||||
| 6 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
| 7 | Identification Card moves from the residence address named in | ||||||
| 8 | the application, he or she shall immediately notify in a form | ||||||
| 9 | and manner prescribed by the Department of State Police of that | ||||||
| 10 | change of address. | ||||||
| 11 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
| 12 | Card shall furnish to the Department of State Police his or her | ||||||
| 13 | photograph. An applicant who is 21 years of age or older | ||||||
| 14 | seeking a religious exemption to the photograph requirement | ||||||
| 15 | must furnish with the application an approved copy of United | ||||||
| 16 | States Department of the Treasury Internal Revenue Service Form | ||||||
| 17 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
| 18 | seeking a religious exemption to the photograph requirement | ||||||
| 19 | shall submit fingerprints on a form and manner prescribed by | ||||||
| 20 | the Department with his or her application. | ||||||
| 21 | (b) Each application form shall include the following | ||||||
| 22 | statement printed in
bold type: "Warning: Entering false | ||||||
| 23 | information on an application for a Firearm
Owner's | ||||||
| 24 | Identification Card is punishable as a Class 2 felony in | ||||||
| 25 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
| 26 | Owners Identification Card
Act.".
| ||||||
| |||||||
| |||||||
| 1 | (c) Upon such written consent, pursuant to Section 4, | ||||||
| 2 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
| 3 | consent shall be liable for any
damages resulting from the | ||||||
| 4 | applicant's use of firearms or firearm ammunition.
| ||||||
| 5 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
| 6 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
| 7 | 98-63, eff. 7-9-13.)
| ||||||
| 8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
| 9 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
| 10 | of State Police has authority to deny an
application for or to | ||||||
| 11 | revoke and seize a Firearm Owner's Identification
Card | ||||||
| 12 | previously issued under this Act only if the Department finds | ||||||
| 13 | that the
applicant or the person to whom such card was issued | ||||||
| 14 | is or was at the time
of issuance:
| ||||||
| 15 | (a) A person under 21 years of age who has been | ||||||
| 16 | convicted of a
misdemeanor other than a traffic offense or | ||||||
| 17 | adjudged delinquent;
| ||||||
| 18 | (b) A person under 21 years of age who does not have | ||||||
| 19 | the written consent
of his parent or guardian to acquire | ||||||
| 20 | and possess firearms and firearm
ammunition, or whose | ||||||
| 21 | parent or guardian has revoked such written consent,
or | ||||||
| 22 | where such parent or guardian does not qualify to have a | ||||||
| 23 | Firearm Owner's
Identification Card;
| ||||||
| 24 | (c) A person convicted of a felony under the laws of | ||||||
| 25 | this or any other
jurisdiction;
| ||||||
| |||||||
| |||||||
| 1 | (d) A person addicted to narcotics;
| ||||||
| 2 | (e) A person who has been a patient of a mental health | ||||||
| 3 | facility within the
past 5 years or a person who has been a | ||||||
| 4 | patient in a mental health facility more than 5 years ago | ||||||
| 5 | who has not received the certification required under | ||||||
| 6 | subsection (u) of this Section. An active law enforcement | ||||||
| 7 | officer employed by a unit of government who is denied, | ||||||
| 8 | revoked, or has his or her Firearm Owner's Identification | ||||||
| 9 | Card seized under this subsection (e) may obtain relief as | ||||||
| 10 | described in subsection (c-5) of Section 10 of this Act if | ||||||
| 11 | the officer did not act in a manner threatening to the | ||||||
| 12 | officer, another person, or the public as determined by the | ||||||
| 13 | treating clinical psychologist or physician, and the | ||||||
| 14 | officer seeks mental health treatment;
| ||||||
| 15 | (f) A person whose mental condition is of such a nature | ||||||
| 16 | that it poses
a clear and present danger to the applicant, | ||||||
| 17 | any other person or persons or
the community;
| ||||||
| 18 | (g) A person who has an intellectual disability is | ||||||
| 19 | intellectually disabled;
| ||||||
| 20 | (h) A person who intentionally makes a false statement | ||||||
| 21 | in the Firearm
Owner's Identification Card application;
| ||||||
| 22 | (i) An alien who is unlawfully present in
the United | ||||||
| 23 | States under the laws of the United States;
| ||||||
| 24 | (i-5) An alien who has been admitted to the United | ||||||
| 25 | States under a
non-immigrant visa (as that term is defined | ||||||
| 26 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
| |||||||
| |||||||
| 1 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
| 2 | (i-5) does not apply to any alien who has been lawfully | ||||||
| 3 | admitted to
the United States under a non-immigrant visa if | ||||||
| 4 | that alien is:
| ||||||
| 5 | (1) admitted to the United States for lawful | ||||||
| 6 | hunting or sporting purposes;
| ||||||
| 7 | (2) an official representative of a foreign | ||||||
| 8 | government who is:
| ||||||
| 9 | (A) accredited to the United States Government | ||||||
| 10 | or the Government's
mission to an international | ||||||
| 11 | organization having its headquarters in the United
| ||||||
| 12 | States; or
| ||||||
| 13 | (B) en route to or from another country to | ||||||
| 14 | which that alien is
accredited;
| ||||||
| 15 | (3) an official of a foreign government or | ||||||
| 16 | distinguished foreign visitor
who has been so | ||||||
| 17 | designated by the Department of State;
| ||||||
| 18 | (4) a foreign law enforcement officer of a friendly | ||||||
| 19 | foreign government
entering the United States on | ||||||
| 20 | official business; or
| ||||||
| 21 | (5) one who has received a waiver from the Attorney | ||||||
| 22 | General of the United
States pursuant to 18 U.S.C. | ||||||
| 23 | 922(y)(3);
| ||||||
| 24 | (j) (Blank);
| ||||||
| 25 | (k) A person who has been convicted within the past 5 | ||||||
| 26 | years of battery,
assault, aggravated assault, violation | ||||||
| |||||||
| |||||||
| 1 | of an order of protection, or a
substantially similar | ||||||
| 2 | offense in another jurisdiction, in which a firearm was
| ||||||
| 3 | used or possessed;
| ||||||
| 4 | (l) A person who has been convicted of domestic | ||||||
| 5 | battery, aggravated domestic battery, or a substantially
| ||||||
| 6 | similar offense in another jurisdiction committed before, | ||||||
| 7 | on or after January 1, 2012 (the effective date of Public | ||||||
| 8 | Act 97-158). If the applicant or person who has been | ||||||
| 9 | previously issued a Firearm Owner's Identification Card | ||||||
| 10 | under this Act knowingly and intelligently waives the right | ||||||
| 11 | to have an offense described in this paragraph (l) tried by | ||||||
| 12 | a jury, and by guilty plea or otherwise, results in a | ||||||
| 13 | conviction for an offense in which a domestic relationship | ||||||
| 14 | is not a required element of the offense but in which a | ||||||
| 15 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
| 16 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
| 17 | Procedure of 1963, an entry by the court of a judgment of | ||||||
| 18 | conviction for that offense shall be grounds for denying an | ||||||
| 19 | application for and for revoking and seizing a Firearm | ||||||
| 20 | Owner's Identification Card previously issued to the | ||||||
| 21 | person under this Act;
| ||||||
| 22 | (m) (Blank);
| ||||||
| 23 | (n) A person who is prohibited from acquiring or | ||||||
| 24 | possessing
firearms or firearm ammunition by any Illinois | ||||||
| 25 | State statute or by federal
law;
| ||||||
| 26 | (o) A minor subject to a petition filed under Section | ||||||
| |||||||
| |||||||
| 1 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
| 2 | minor is a delinquent minor for
the commission of an | ||||||
| 3 | offense that if committed by an adult would be a felony;
| ||||||
| 4 | (p) An adult who had been adjudicated a delinquent | ||||||
| 5 | minor under the Juvenile
Court Act of 1987 for the | ||||||
| 6 | commission of an offense that if committed by an
adult | ||||||
| 7 | would be a felony;
| ||||||
| 8 | (q) A person who is not a resident of the State of | ||||||
| 9 | Illinois, except as provided in subsection (a-10) of | ||||||
| 10 | Section 4; | ||||||
| 11 | (r) A person who has been adjudicated as a person with | ||||||
| 12 | a mental disability mentally disabled person; | ||||||
| 13 | (s) A person who has been found to have a developmental | ||||||
| 14 | disability be developmentally disabled; | ||||||
| 15 | (t) A person involuntarily admitted into a mental | ||||||
| 16 | health facility; or | ||||||
| 17 | (u) A person who has had his or her Firearm Owner's | ||||||
| 18 | Identification Card revoked or denied under subsection (e) | ||||||
| 19 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
| 20 | (a) of Section 4 of this Act because he or she was a | ||||||
| 21 | patient in a mental health facility as provided in | ||||||
| 22 | subsection (e) of this Section, shall not be permitted to | ||||||
| 23 | obtain a Firearm Owner's Identification Card, after the | ||||||
| 24 | 5-year period has lapsed, unless he or she has received a | ||||||
| 25 | mental health evaluation by a physician, clinical | ||||||
| 26 | psychologist, or qualified examiner as those terms are | ||||||
| |||||||
| |||||||
| 1 | defined in the Mental Health and Developmental | ||||||
| 2 | Disabilities Code, and has received a certification that he | ||||||
| 3 | or she is not a clear and present danger to himself, | ||||||
| 4 | herself, or others. The physician, clinical psychologist, | ||||||
| 5 | or qualified examiner making the certification and his or | ||||||
| 6 | her employer shall not be held criminally, civilly, or | ||||||
| 7 | professionally liable for making or not making the | ||||||
| 8 | certification required under this subsection, except for | ||||||
| 9 | willful or wanton misconduct. This subsection does not | ||||||
| 10 | apply to a person whose firearm possession rights have been | ||||||
| 11 | restored through administrative or judicial action under | ||||||
| 12 | Section 10 or 11 of this Act. | ||||||
| 13 | Upon revocation of a person's Firearm Owner's | ||||||
| 14 | Identification Card, the Department of State Police shall | ||||||
| 15 | provide notice to the person and the person shall comply with | ||||||
| 16 | Section 9.5 of this Act. | ||||||
| 17 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
| 18 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
| 19 | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | ||||||
| 20 | 7-16-14.)
| ||||||
| 21 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| ||||||
| 22 | Sec. 8.1. Notifications to the Department of State Police.
| ||||||
| 23 | (a) The Circuit Clerk shall, in the form and manner | ||||||
| 24 | required by the
Supreme Court, notify the Department of State | ||||||
| 25 | Police of all final dispositions
of cases for which the | ||||||
| |||||||
| |||||||
| 1 | Department has received information reported to it under
| ||||||
| 2 | Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
| 3 | (b) Upon adjudication of any individual as a person with a | ||||||
| 4 | mental disability mentally disabled person as defined in | ||||||
| 5 | Section 1.1 of this Act or a finding that a person has been | ||||||
| 6 | involuntarily admitted, the court shall direct the circuit | ||||||
| 7 | court clerk to immediately notify the Department of State | ||||||
| 8 | Police, Firearm Owner's Identification (FOID) department, and | ||||||
| 9 | shall forward a copy of the court order to the Department. | ||||||
| 10 | (c) The Department of Human Services shall, in the form and | ||||||
| 11 | manner prescribed by the Department of State Police, report all | ||||||
| 12 | information collected under subsection (b) of Section 12 of the | ||||||
| 13 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 14 | Act for the purpose of determining whether a person who may be | ||||||
| 15 | or may have been a patient in a mental health facility is | ||||||
| 16 | disqualified under State or federal law from receiving or | ||||||
| 17 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
| 18 | a weapon. | ||||||
| 19 | (d) If a person is determined to pose a clear and present | ||||||
| 20 | danger to himself, herself, or to others: | ||||||
| 21 | (1) by a physician, clinical psychologist, or | ||||||
| 22 | qualified examiner, or is determined to have a | ||||||
| 23 | developmental disability be developmentally disabled by a | ||||||
| 24 | physician, clinical psychologist, or qualified examiner, | ||||||
| 25 | whether employed by the State or privately, then the | ||||||
| 26 | physician, clinical psychologist, or qualified examiner | ||||||
| |||||||
| |||||||
| 1 | shall, within 24 hours of making the determination, notify | ||||||
| 2 | the Department of Human Services that the person poses a | ||||||
| 3 | clear and present danger or has a developmental disability | ||||||
| 4 | is developmentally disabled; or | ||||||
| 5 | (2) by a law enforcement official or school | ||||||
| 6 | administrator, then the law enforcement official or school | ||||||
| 7 | administrator shall, within 24 hours of making the | ||||||
| 8 | determination, notify the Department of State Police that | ||||||
| 9 | the person poses a clear and present danger. | ||||||
| 10 | The Department of Human Services shall immediately update | ||||||
| 11 | its records and information relating to mental health and | ||||||
| 12 | developmental disabilities, and if appropriate, shall notify | ||||||
| 13 | the Department of State Police in a form and manner prescribed | ||||||
| 14 | by the Department of State Police. The Department of State | ||||||
| 15 | Police shall determine whether to revoke the person's Firearm | ||||||
| 16 | Owner's Identification Card under Section 8 of this Act. Any | ||||||
| 17 | information disclosed under this subsection shall remain | ||||||
| 18 | privileged and confidential, and shall not be redisclosed, | ||||||
| 19 | except as required under subsection (e) of Section 3.1 of this | ||||||
| 20 | Act, nor used for any other purpose. The method of providing | ||||||
| 21 | this information shall guarantee that the information is not | ||||||
| 22 | released beyond what is necessary for the purpose of this | ||||||
| 23 | Section and shall be provided by rule by the Department of | ||||||
| 24 | Human Services. The identity of the person reporting under this | ||||||
| 25 | Section shall not be disclosed to the subject of the report. | ||||||
| 26 | The physician, clinical psychologist, qualified examiner, law | ||||||
| |||||||
| |||||||
| 1 | enforcement official, or school administrator making the | ||||||
| 2 | determination and his or her employer shall not be held | ||||||
| 3 | criminally, civilly, or professionally liable for making or not | ||||||
| 4 | making the notification required under this subsection, except | ||||||
| 5 | for willful or wanton misconduct. | ||||||
| 6 | (e) The Department of State Police shall adopt rules to | ||||||
| 7 | implement this Section. | ||||||
| 8 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600, | ||||||
| 9 | eff. 12-6-13.)
| ||||||
| 10 | Section 835. The Emergency Evacuation Plan for People with | ||||||
| 11 | Disabilities Act is amended by changing Sections 10 and 15 as | ||||||
| 12 | follows:
| ||||||
| 13 | (430 ILCS 130/10)
| ||||||
| 14 | Sec. 10.
Emergency evacuation plan for persons with | ||||||
| 15 | disabilities
required. By January 1, 2004, every high rise | ||||||
| 16 | building owner must establish and
maintain an
emergency | ||||||
| 17 | evacuation plan for occupants of the building who have a | ||||||
| 18 | disability and disabled occupants of the building who have
| ||||||
| 19 | notified the owner of their need for assistance. The evacuation | ||||||
| 20 | plan must be
established even if the owner has not been | ||||||
| 21 | notified of a need for evacuation
assistance by an occupant of | ||||||
| 22 | the building who has a disability a disabled occupant of the | ||||||
| 23 | building. As used
in this Act, "high rise building" means any | ||||||
| 24 | building 80 feet or more in
height. The owner is responsible | ||||||
| |||||||
| |||||||
| 1 | for maintaining and updating the plan as
necessary to ensure | ||||||
| 2 | that the plan continues to comply with the provisions of
this | ||||||
| 3 | Act.
| ||||||
| 4 | (Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
| ||||||
| 5 | (430 ILCS 130/15)
| ||||||
| 6 | Sec. 15. Plan requirements.
| ||||||
| 7 | (a) Each plan must establish procedures for evacuating
| ||||||
| 8 | persons with disabilities from the building in the event of an | ||||||
| 9 | emergency,
when
those persons have notified the owner of their | ||||||
| 10 | need for assistance.
| ||||||
| 11 | (b) Each plan must provide for a list to be maintained of | ||||||
| 12 | persons who
have notified the owner that they have a disability | ||||||
| 13 | they are disabled and would require special
assistance in the | ||||||
| 14 | event of an emergency. The list must include the unit,
office, | ||||||
| 15 | or room number location that the person with a disability | ||||||
| 16 | disabled person occupies in the
building. It is the intent of | ||||||
| 17 | this Act
that these
lists must be
maintained for the sole | ||||||
| 18 | purpose of emergency evacuation. The lists may
not be used or | ||||||
| 19 | disseminated for any other purpose.
| ||||||
| 20 | (c) The plan must provide for a means to notify
occupants | ||||||
| 21 | of the
building that a list identifying persons with a | ||||||
| 22 | disability in need of emergency
evacuation assistance is | ||||||
| 23 | maintained by the owner, and the method by which
occupants can | ||||||
| 24 | place their name on the list.
| ||||||
| 25 | (d) In hotels and motels, each plan must provide an | ||||||
| |||||||
| |||||||
| 1 | opportunity for a
guest to identify himself or herself as a | ||||||
| 2 | person with a disability in need of
emergency evacuation | ||||||
| 3 | assistance.
| ||||||
| 4 | (e) The plan must identify the location and type of any | ||||||
| 5 | evacuation
assistance devices or assistive technologies that | ||||||
| 6 | are available in the
building.
| ||||||
| 7 | If the plan provides for areas of rescue assistance, the | ||||||
| 8 | plan must provide
that
these areas are to be identified by | ||||||
| 9 | signs that state "Area of Rescue
Assistance" and display the | ||||||
| 10 | international symbol of accessibility. Lettering
must be | ||||||
| 11 | permanent and must comply with Americans with Disabilities Act
| ||||||
| 12 | Accessibility Guidelines.
| ||||||
| 13 | (f) Each plan must include recommended procedures to be | ||||||
| 14 | followed
by building employees, tenants, or guests to assist | ||||||
| 15 | persons with disabilities
in need of emergency evacuation | ||||||
| 16 | assistance.
| ||||||
| 17 | (g) A copy of the plan must be maintained at all times in a | ||||||
| 18 | place that
is easily accessible by law enforcement or fire | ||||||
| 19 | safety personnel, such as in
the management office of the high | ||||||
| 20 | rise building, at the security desk, or in
the vicinity of the | ||||||
| 21 | fireman's elevator recall key, the life safety panel, or
the | ||||||
| 22 | fire pump room.
| ||||||
| 23 | (Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
| ||||||
| 24 | Section 840. The Illinois Premise Alert Program (PAP) Act | ||||||
| 25 | is amended by changing Section 15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 132/15)
| ||||||
| 2 | Sec. 15. Reporting of Special Needs Individuals.
| ||||||
| 3 | (a) Public safety agencies and suppliers of oxygen | ||||||
| 4 | containers used for medical purposes shall make reasonable | ||||||
| 5 | efforts to publicize the Premise Alert Program (PAP) database. | ||||||
| 6 | Means of publicizing the database include, but are not limited | ||||||
| 7 | to, pamphlets and websites. | ||||||
| 8 | (b) Families, caregivers, or the individuals with | ||||||
| 9 | disabilities or special needs may contact their local law | ||||||
| 10 | enforcement agency or fire department or fire protection | ||||||
| 11 | district. | ||||||
| 12 | (c) Public safety workers are to be cognizant of special | ||||||
| 13 | needs individuals they may come across when they respond to | ||||||
| 14 | calls. If workers are able to identify individuals who have | ||||||
| 15 | special needs, they shall try to ascertain as specifically as | ||||||
| 16 | possible what that special need might be. The public safety | ||||||
| 17 | worker should attempt to verify the special need as provided in | ||||||
| 18 | item (2) of subsection (d). | ||||||
| 19 | (d) The disabled individual's name, date of birth, phone | ||||||
| 20 | number,
residential address or place of employment of the | ||||||
| 21 | individual with a disability, and a description of whether | ||||||
| 22 | oxygen canisters are kept at that location for medical purposes | ||||||
| 23 | should also be obtained
for possible entry into the PAP | ||||||
| 24 | database. | ||||||
| 25 | (1) Whenever possible, it is preferable that written | ||||||
| |||||||
| |||||||
| 1 | permission is
obtained from a parent, guardian, family | ||||||
| 2 | member, or caregiver
of the individual themselves prior to | ||||||
| 3 | being entered into the
PAP database. | ||||||
| 4 | (2) No individual may be entered into a PAP
database | ||||||
| 5 | unless the special need has been verified.
Acceptable means | ||||||
| 6 | of verifying a special need for purposes
of this program | ||||||
| 7 | shall include statements by: | ||||||
| 8 | (A) the individual, | ||||||
| 9 | (B) family members, | ||||||
| 10 | (C) friends, | ||||||
| 11 | (D) caregivers, or | ||||||
| 12 | (E) medical personnel familiar with the | ||||||
| 13 | individual. | ||||||
| 14 | (e) For public safety agencies that share the same CAD | ||||||
| 15 | database, information collected by one agency serviced by the | ||||||
| 16 | CAD database is to be disseminated to all agencies utilizing | ||||||
| 17 | that database. | ||||||
| 18 | (f) Information received at an incorrect public safety | ||||||
| 19 | agency shall be accepted and forwarded to the correct agency as | ||||||
| 20 | soon as possible.
| ||||||
| 21 | (g) All information entered into the PAP database must be | ||||||
| 22 | updated every 2 years or when such information changes.
| ||||||
| 23 | (Source: P.A. 96-788, eff. 8-28-09; 97-333, eff. 8-12-11; | ||||||
| 24 | 97-476, eff. 8-22-11.)
| ||||||
| 25 | Section 845. The Animal Control Act is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Sections 15 and 15.1 as follows:
| ||||||
| 2 | (510 ILCS 5/15) (from Ch. 8, par. 365)
| ||||||
| 3 | Sec. 15. (a) In order to have a dog deemed "vicious", the | ||||||
| 4 | Administrator,
Deputy
Administrator,
or law enforcement | ||||||
| 5 | officer must give notice of the
infraction that
is the basis of | ||||||
| 6 | the investigation to the owner, conduct a thorough
| ||||||
| 7 | investigation, interview
any witnesses, including the owner, | ||||||
| 8 | gather any existing medical records,
veterinary
medical | ||||||
| 9 | records or behavioral evidence, and make a detailed report | ||||||
| 10 | recommending
a
finding that the dog is a vicious dog and give | ||||||
| 11 | the report to the States
Attorney's Office and the
owner. The | ||||||
| 12 | Administrator, State's Attorney, Director or any citizen of the
| ||||||
| 13 | county in
which the dog exists may file a complaint in the | ||||||
| 14 | circuit court in the name of
the People of the
State of
| ||||||
| 15 | Illinois to deem a dog to be a vicious dog. Testimony of a | ||||||
| 16 | certified applied
behaviorist, a
board certified veterinary | ||||||
| 17 | behaviorist, or another recognized expert may be
relevant to | ||||||
| 18 | the
court's determination of whether the dog's behavior was | ||||||
| 19 | justified. The
petitioner must
prove the dog is a vicious dog | ||||||
| 20 | by clear and convincing evidence. The
Administrator shall | ||||||
| 21 | determine where the animal shall be confined during the
| ||||||
| 22 | pendency of the case.
| ||||||
| 23 | A dog may not be declared vicious if the court determines | ||||||
| 24 | the conduct of
the
dog was
justified because:
| ||||||
| 25 | (1) the threat, injury, or death was sustained by a | ||||||
| |||||||
| |||||||
| 1 | person who at the time
was
committing a crime or offense | ||||||
| 2 | upon the owner or custodian of the dog, or was committing a | ||||||
| 3 | willful trespass or other tort upon the premises or | ||||||
| 4 | property owned or occupied by the owner of the animal;
| ||||||
| 5 | (2) the injured, threatened, or killed person was | ||||||
| 6 | abusing,
assaulting,
or physically threatening the dog or | ||||||
| 7 | its offspring, or has in the past
abused,
assaulted, or | ||||||
| 8 | physically threatened the dog or its offspring; or
| ||||||
| 9 | (3) the dog was responding to pain or injury, or was | ||||||
| 10 | protecting itself, its
owner,
custodian, or member of its | ||||||
| 11 | household, kennel, or offspring.
| ||||||
| 12 | No dog shall be deemed "vicious" if it is a professionally | ||||||
| 13 | trained dog for
law
enforcement or guard duties. Vicious dogs | ||||||
| 14 | shall not be classified
in a manner that is specific as to | ||||||
| 15 | breed.
| ||||||
| 16 | If the burden of proof has been met, the court shall deem | ||||||
| 17 | the dog to be a
vicious dog.
| ||||||
| 18 | If a dog is found to be a vicious dog, the owner shall pay a | ||||||
| 19 | $100 public safety fine to be deposited into the Pet Population | ||||||
| 20 | Control Fund, the dog shall be spayed or
neutered within 10 | ||||||
| 21 | days of the finding at the expense of its
owner and | ||||||
| 22 | microchipped, if not already, and the dog is subject to
| ||||||
| 23 | enclosure. If an owner fails to comply with these requirements, | ||||||
| 24 | the animal control agency shall impound the dog and the owner | ||||||
| 25 | shall pay a $500 fine plus impoundment fees to the animal | ||||||
| 26 | control agency impounding the dog. The judge has the discretion | ||||||
| |||||||
| |||||||
| 1 | to order a vicious dog be euthanized. A dog found to be a | ||||||
| 2 | vicious dog shall not be released to the
owner until the | ||||||
| 3 | Administrator, an Animal Control Warden, or the
Director | ||||||
| 4 | approves the enclosure. No owner or
keeper of a vicious dog | ||||||
| 5 | shall sell or give away the dog without
approval from the | ||||||
| 6 | Administrator or court. Whenever an owner of a vicious dog | ||||||
| 7 | relocates, he or she shall notify
both the
Administrator of
| ||||||
| 8 | County
Animal Control where he or she has relocated and the | ||||||
| 9 | Administrator of County
Animal Control where he or she formerly | ||||||
| 10 | resided.
| ||||||
| 11 | (b) It shall be unlawful for any person to keep or maintain | ||||||
| 12 | any dog
which has been found to be a vicious dog unless the dog | ||||||
| 13 | is
kept in an enclosure. The only times that a vicious dog may | ||||||
| 14 | be allowed out
of the enclosure are (1) if it is necessary for | ||||||
| 15 | the owner or keeper to
obtain veterinary care for the dog, (2) | ||||||
| 16 | in the case of an emergency or
natural disaster where the
dog's | ||||||
| 17 | life is threatened, or (3) to comply with the order of a
court | ||||||
| 18 | of competent jurisdiction, provided that the dog is securely | ||||||
| 19 | muzzled
and restrained with a leash not
exceeding 6 feet in | ||||||
| 20 | length, and shall be under the direct control and
supervision | ||||||
| 21 | of the owner or keeper of the dog or muzzled in its residence.
| ||||||
| 22 | Any dog which has been found to be a vicious dog and which | ||||||
| 23 | is not
confined to an enclosure shall be impounded by the | ||||||
| 24 | Administrator, an Animal
Control Warden, or the law enforcement | ||||||
| 25 | authority having jurisdiction in
such area.
| ||||||
| 26 | If the owner of the dog has not appealed the impoundment | ||||||
| |||||||
| |||||||
| 1 | order to the
circuit court in the county in which the animal | ||||||
| 2 | was impounded within 15
working days, the dog may be | ||||||
| 3 | euthanized.
| ||||||
| 4 | Upon filing a notice of appeal, the order of euthanasia | ||||||
| 5 | shall be
automatically stayed pending the outcome of the | ||||||
| 6 | appeal. The owner shall bear
the burden of timely notification | ||||||
| 7 | to animal control in writing.
| ||||||
| 8 | Guide dogs for the blind or hearing impaired, support dogs | ||||||
| 9 | for persons with physical disabilities the
physically | ||||||
| 10 | handicapped, accelerant detection dogs, and sentry, guard, or
| ||||||
| 11 | police-owned dogs are
exempt from this Section; provided, an | ||||||
| 12 | attack or injury to a person
occurs while the dog is performing | ||||||
| 13 | duties as expected. To qualify for
exemption under this | ||||||
| 14 | Section, each such dog shall be currently
inoculated against | ||||||
| 15 | rabies in accordance with Section 8
of this Act. It shall be | ||||||
| 16 | the duty of the owner of such exempted dog to
notify the | ||||||
| 17 | Administrator of changes of address. In the case of a sentry or
| ||||||
| 18 | guard dog, the owner shall keep the Administrator advised of | ||||||
| 19 | the location
where such dog will be stationed. The | ||||||
| 20 | Administrator shall provide police
and fire departments with a | ||||||
| 21 | categorized list of such exempted dogs, and
shall promptly | ||||||
| 22 | notify such departments of any address changes reported to him.
| ||||||
| 23 | (c) If the animal control agency has custody of the dog, | ||||||
| 24 | the agency may file a petition with the court requesting that | ||||||
| 25 | the owner be ordered to post security. The security must be in | ||||||
| 26 | an amount sufficient to secure payment of all reasonable | ||||||
| |||||||
| |||||||
| 1 | expenses expected to be incurred by the animal control agency | ||||||
| 2 | or animal shelter in caring for and providing for the dog | ||||||
| 3 | pending the determination. Reasonable expenses include, but | ||||||
| 4 | are not limited to, estimated medical care and boarding of the | ||||||
| 5 | animal for 30 days. If security has been posted in accordance | ||||||
| 6 | with this Section, the animal control agency may draw from the | ||||||
| 7 | security the actual costs incurred by the agency in caring for | ||||||
| 8 | the dog. | ||||||
| 9 | (d) Upon receipt of a petition, the court must set a | ||||||
| 10 | hearing on the petition, to be conducted within 5 business days | ||||||
| 11 | after the petition is filed. The petitioner must serve a true | ||||||
| 12 | copy of the petition upon the defendant. | ||||||
| 13 | (e) If the court orders the posting of security, the | ||||||
| 14 | security must be posted with the clerk of the court within 5 | ||||||
| 15 | business days after the hearing. If the person ordered to post | ||||||
| 16 | security does not do so, the dog is forfeited by operation of | ||||||
| 17 | law and the animal control agency must dispose of the animal | ||||||
| 18 | through adoption or humane euthanization.
| ||||||
| 19 | (Source: P.A. 96-1171, eff. 7-22-10.)
| ||||||
| 20 | (510 ILCS 5/15.1)
| ||||||
| 21 | Sec. 15.1. Dangerous dog determination.
| ||||||
| 22 | (a) After a thorough investigation
including: sending, | ||||||
| 23 | within 10 business days of the Administrator or Director | ||||||
| 24 | becoming
aware of the alleged infraction,
notifications to the | ||||||
| 25 | owner of the alleged infractions, the fact of the
initiation of | ||||||
| |||||||
| |||||||
| 1 | an investigation,
and
affording the owner an opportunity to | ||||||
| 2 | meet with the Administrator or
Director prior to the making of | ||||||
| 3 | a determination;
gathering of
any medical or veterinary | ||||||
| 4 | evidence; interviewing witnesses; and making a
detailed
| ||||||
| 5 | written report, an animal control warden, deputy | ||||||
| 6 | administrator, or law
enforcement agent
may ask the | ||||||
| 7 | Administrator, or his or her designee, or the Director, to deem | ||||||
| 8 | a
dog to be
"dangerous". No dog shall be deemed a "dangerous | ||||||
| 9 | dog" unless shown to be a dangerous dog by a preponderance of | ||||||
| 10 | evidence. The owner shall be sent immediate notification of the | ||||||
| 11 | determination
by registered or certified mail that includes a | ||||||
| 12 | complete description of the
appeal
process.
| ||||||
| 13 | (b) A dog shall not be declared dangerous if the | ||||||
| 14 | Administrator,
or his or her designee, or the Director | ||||||
| 15 | determines the
conduct of the dog was justified because:
| ||||||
| 16 | (1) the threat was sustained by a person
who at the | ||||||
| 17 | time was committing a crime or offense upon the owner or
| ||||||
| 18 | custodian of the dog or was committing a willful trespass | ||||||
| 19 | or other tort upon the premises or property occupied by the | ||||||
| 20 | owner of the animal;
| ||||||
| 21 | (2) the threatened person was
abusing, assaulting, or | ||||||
| 22 | physically threatening the dog or
its offspring;
| ||||||
| 23 | (3) the injured, threatened, or killed companion | ||||||
| 24 | animal
was attacking or threatening to attack the dog or | ||||||
| 25 | its offspring; or
| ||||||
| 26 | (4) the dog was responding to pain or injury or was
| ||||||
| |||||||
| |||||||
| 1 | protecting itself, its owner, custodian, or a member of its | ||||||
| 2 | household,
kennel, or offspring.
| ||||||
| 3 | (c) Testimony of a certified applied behaviorist, a board | ||||||
| 4 | certified
veterinary behaviorist, or another recognized expert | ||||||
| 5 | may be relevant to
the determination of whether the dog's | ||||||
| 6 | behavior was
justified pursuant to the provisions of this | ||||||
| 7 | Section.
| ||||||
| 8 | (d) If deemed dangerous, the Administrator, or his or her | ||||||
| 9 | designee, or the
Director shall order (i) the dog's owner to | ||||||
| 10 | pay a $50 public safety fine to be deposited into the Pet | ||||||
| 11 | Population Control Fund, (ii) the dog to be spayed or neutered | ||||||
| 12 | within
14
days
at the
owner's expense and microchipped, if not | ||||||
| 13 | already, and (iii) one or more of the
following
as deemed | ||||||
| 14 | appropriate under
the
circumstances and necessary for the | ||||||
| 15 | protection of the public:
| ||||||
| 16 | (1) evaluation of the dog by a certified applied | ||||||
| 17 | behaviorist, a
board certified veterinary behaviorist, or | ||||||
| 18 | another recognized expert in
the field and completion of | ||||||
| 19 | training or other treatment as deemed
appropriate by the | ||||||
| 20 | expert. The owner of the dog shall be responsible
for all | ||||||
| 21 | costs associated with evaluations and training ordered | ||||||
| 22 | under
this subsection; or
| ||||||
| 23 | (2) direct supervision by an adult 18 years of age or | ||||||
| 24 | older
whenever the animal is on public premises.
| ||||||
| 25 | (e) The Administrator may order a dangerous dog to be | ||||||
| 26 | muzzled
whenever it is on public premises in a manner that
will | ||||||
| |||||||
| |||||||
| 1 | prevent
it from biting any person or animal, but that shall not | ||||||
| 2 | injure the dog or
interfere with its
vision or respiration.
| ||||||
| 3 | (f) Guide dogs for the blind or hearing impaired, support | ||||||
| 4 | dogs for persons with a physical disability the
physically | ||||||
| 5 | handicapped, and sentry, guard, or
police-owned dogs are exempt | ||||||
| 6 | from this Section; provided, an attack or injury
to a person | ||||||
| 7 | occurs while the dog is performing duties as expected. To | ||||||
| 8 | qualify
for exemption under this Section, each such dog shall | ||||||
| 9 | be currently inoculated
against rabies in accordance with | ||||||
| 10 | Section 8 of this Act and performing duties
as expected. It | ||||||
| 11 | shall be the duty
of the owner of the exempted dog to notify | ||||||
| 12 | the Administrator of changes of
address. In the case of a | ||||||
| 13 | sentry or guard dog, the owner shall keep the
Administrator | ||||||
| 14 | advised of the location where such dog will be stationed. The
| ||||||
| 15 | Administrator shall provide police and fire departments with a | ||||||
| 16 | categorized list
of the exempted dogs, and shall promptly | ||||||
| 17 | notify the departments of any
address changes reported to him | ||||||
| 18 | or her.
| ||||||
| 19 | (g) An animal control agency has the right to impound a | ||||||
| 20 | dangerous dog if the owner fails to comply with the | ||||||
| 21 | requirements of this Act.
| ||||||
| 22 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
| 23 | Section 850. The Humane Care for Animals Act is amended by | ||||||
| 24 | changing Sections 2.01c and 7.15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (510 ILCS 70/2.01c)
| ||||||
| 2 | Sec. 2.01c. Service animal. "Service animal" means an | ||||||
| 3 | animal trained in
obedience and task skills to meet the needs | ||||||
| 4 | of a person with a disability disabled person.
| ||||||
| 5 | (Source: P.A. 92-454, eff. 1-1-02.)
| ||||||
| 6 | (510 ILCS 70/7.15)
| ||||||
| 7 | Sec. 7.15. Guide, hearing, and support dogs.
| ||||||
| 8 | (a) A person may not willfully and maliciously annoy, | ||||||
| 9 | taunt, tease, harass,
torment, beat, or strike a guide, | ||||||
| 10 | hearing, or support dog or otherwise engage
in any conduct | ||||||
| 11 | directed toward a guide, hearing, or support dog that is likely
| ||||||
| 12 | to impede or interfere with the dog's performance of its duties | ||||||
| 13 | or that places
the blind, hearing impaired, or person with a | ||||||
| 14 | physical disability physically handicapped person being served | ||||||
| 15 | or
assisted by the dog in danger of injury.
| ||||||
| 16 | (b) A person may not willfully and maliciously torture, | ||||||
| 17 | injure, or kill a
guide, hearing, or support dog.
| ||||||
| 18 | (c) A person may not willfully and maliciously permit a dog | ||||||
| 19 | that is owned,
harbored, or controlled by the person to cause | ||||||
| 20 | injury to or the death of a
guide, hearing, or support dog | ||||||
| 21 | while the guide, hearing, or support dog is in
discharge of its | ||||||
| 22 | duties.
| ||||||
| 23 | (d) A person convicted of violating this Section is guilty | ||||||
| 24 | of a Class A
misdemeanor. A second or subsequent violation is a | ||||||
| 25 | Class 4 felony. A person
convicted of violating subsection (b) | ||||||
| |||||||
| |||||||
| 1 | or (c) of this Section is guilty of a
Class 4 felony if the dog | ||||||
| 2 | is killed or totally disabled, and may be ordered
by the court | ||||||
| 3 | to make restitution to the person with a disability disabled | ||||||
| 4 | person having custody or
ownership of the dog for veterinary | ||||||
| 5 | bills and replacement costs of the dog.
| ||||||
| 6 | (Source: P.A. 92-650, eff. 7-11-02.)
| ||||||
| 7 | Section 855. The Fish and Aquatic Life Code is amended by | ||||||
| 8 | changing Sections 15-5 and 20-5 as follows:
| ||||||
| 9 | (515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
| ||||||
| 10 | Sec. 15-5. Commercial fisherman; license requirement.
| ||||||
| 11 | (a) A "commercial fisherman" is defined as any individual | ||||||
| 12 | who uses any
of the commercial fishing devices as defined by | ||||||
| 13 | this Code for the taking of
any aquatic life, except mussels, | ||||||
| 14 | protected by the terms of this Code.
| ||||||
| 15 | (b) All commercial fishermen shall have a commercial | ||||||
| 16 | fishing license.
In addition to a commercial fishing license, a | ||||||
| 17 | commercial fisherman shall also obtain a sport fishing license. | ||||||
| 18 | All individuals assisting a licensed commercial fisherman in | ||||||
| 19 | taking aquatic
life, except mussels, from any waters of the | ||||||
| 20 | State must have a commercial
fishing license unless these | ||||||
| 21 | individuals are under the direct supervision
of and aboard the | ||||||
| 22 | same watercraft as the licensed commercial fisherman. An | ||||||
| 23 | individual assisting a licensed commercial fisherman must | ||||||
| 24 | first obtain a sport fishing license. | ||||||
| |||||||
| |||||||
| 1 | (c) Notwithstanding any other provision of law to the | ||||||
| 2 | contrary, blind residents or residents with a disability or | ||||||
| 3 | disabled residents may fish with commercial fishing devices | ||||||
| 4 | without holding a sports fishing license. For the purpose of | ||||||
| 5 | this Section, an individual is blind or has a disability | ||||||
| 6 | disabled if that individual has a Class 2 disability as defined | ||||||
| 7 | in Section 4A of the Illinois Identification Card Act. For the | ||||||
| 8 | purposes of this Section, an Illinois person with a Disability | ||||||
| 9 | Identification Card issued under the Illinois Identification | ||||||
| 10 | Card Act indicating that the individual named on the card has a | ||||||
| 11 | Class 2 disability shall be adequate documentation of a | ||||||
| 12 | disability.
| ||||||
| 13 | (d) Notwithstanding any other provision of law to the | ||||||
| 14 | contrary, a veteran who, according to the determination of the | ||||||
| 15 | federal Veterans' Administration as certified by the | ||||||
| 16 | Department of Veterans' Affairs, is at least 10% disabled with | ||||||
| 17 | service-related disabilities or in receipt of total disability | ||||||
| 18 | pensions may fish with commercial fishing devices without | ||||||
| 19 | holding a sports fishing license during those periods of the | ||||||
| 20 | year that it is lawful to fish with commercial fishing devices, | ||||||
| 21 | if the respective disabilities do not prevent the veteran from | ||||||
| 22 | fishing in a manner that is safe to him or herself and others. | ||||||
| 23 | (e) A "Lake Michigan commercial fisherman" is defined as an | ||||||
| 24 | individual
who resides in this State or an Illinois corporation | ||||||
| 25 | who uses any of the
commercial fishing devices as defined by | ||||||
| 26 | this Code for the taking of aquatic
life, except mussels, | ||||||
| |||||||
| |||||||
| 1 | protected by the terms of this Code.
| ||||||
| 2 | (f) For purposes of this Section, an act or omission that | ||||||
| 3 | constitutes
a violation committed by an officer, employee, or | ||||||
| 4 | agent of a corporation
shall be deemed the act or omission of | ||||||
| 5 | the corporation.
| ||||||
| 6 | (Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15.)
| ||||||
| 7 | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
| ||||||
| 8 | Sec. 20-5. Necessity of license; exemptions.
| ||||||
| 9 | (a) Any person taking or attempting to take any fish,
| ||||||
| 10 | including minnows for commercial purposes, turtles, mussels, | ||||||
| 11 | crayfish, or
frogs by any means whatever in any waters or lands | ||||||
| 12 | wholly or in part
within the jurisdiction of the State, | ||||||
| 13 | including that part of Lake
Michigan under the jurisdiction of | ||||||
| 14 | this State, shall first obtain a
license to do so, and shall do | ||||||
| 15 | so only during the respective
periods of the year when it shall | ||||||
| 16 | be lawful as provided in this Code.
Individuals under 16, blind | ||||||
| 17 | residents or residents with a disability or disabled residents, | ||||||
| 18 | or individuals fishing at
fee fishing areas licensed by the | ||||||
| 19 | Department, however, may fish with sport
fishing devices | ||||||
| 20 | without being required to have a license. For the purpose of | ||||||
| 21 | this
Section
an individual is blind or has a disability | ||||||
| 22 | disabled if that individual has a Class 2 disability
as defined | ||||||
| 23 | in Section 4A of the Illinois Identification Card Act. For | ||||||
| 24 | purposes
of this Section an Illinois Person with a Disability | ||||||
| 25 | Identification Card issued under
the Illinois Identification | ||||||
| |||||||
| |||||||
| 1 | Card Act indicating that the individual named on
the card has a | ||||||
| 2 | Class 2 disability shall be adequate documentation of a
| ||||||
| 3 | disability.
| ||||||
| 4 | (b) A courtesy non-resident sport fishing license or stamp | ||||||
| 5 | may be issued
at
the discretion of the Director, without fee, | ||||||
| 6 | to (i) any individual officially
employed in the wildlife and | ||||||
| 7 | fish or conservation department of another
state or of the | ||||||
| 8 | United States who is within the State to assist or
consult or | ||||||
| 9 | cooperate with the Director or (ii) the officials of other
| ||||||
| 10 | states, the United States, foreign countries, or officers or
| ||||||
| 11 | representatives of conservation organizations or publications | ||||||
| 12 | while in
the State as guests of the Governor or Director.
| ||||||
| 13 | (c) The Director may issue special fishing permits without | ||||||
| 14 | cost to
groups of hospital patients or to individuals with | ||||||
| 15 | disabilities handicapped individuals for
use on specified | ||||||
| 16 | dates in connection with supervised fishing for therapy.
| ||||||
| 17 | (d) Veterans who, according to the determination of the | ||||||
| 18 | Veterans'
Administration as certified by the Department of | ||||||
| 19 | Veterans' Affairs, are at
least 10% disabled with | ||||||
| 20 | service-related disabilities or in receipt of total
disability | ||||||
| 21 | pensions may fish with sport fishing devices
during those | ||||||
| 22 | periods of
the year it is lawful to do so without being | ||||||
| 23 | required to have a license,
on the condition that their | ||||||
| 24 | respective disabilities do not prevent them
from fishing in a | ||||||
| 25 | manner which is safe to themselves and others.
| ||||||
| 26 | (e) Each year the Director may designate a period, not to | ||||||
| |||||||
| |||||||
| 1 | exceed 4 days
in duration, when sport fishermen may fish waters | ||||||
| 2 | wholly or in
part within the
jurisdiction of the State, | ||||||
| 3 | including that part of Lake Michigan under the
jurisdiction of | ||||||
| 4 | the State, and not be required to obtain the license or
stamp | ||||||
| 5 | required by subsection (a) of this Section, Section 20-10 or
| ||||||
| 6 | subsection (a) of Section 20-55. The term of any such period | ||||||
| 7 | shall be
established by administrative rule.
This subsection | ||||||
| 8 | shall not apply to commercial fishing.
| ||||||
| 9 | (f) The Director may issue special fishing permits without | ||||||
| 10 | cost for a
group event, restricted to specific dates and | ||||||
| 11 | locations if it is determined by
the Department that the event | ||||||
| 12 | is beneficial in promoting sport fishing in
Illinois.
| ||||||
| 13 | (Source: P.A. 97-1064, eff. 1-1-13.)
| ||||||
| 14 | Section 860. The Wildlife Code is amended by changing | ||||||
| 15 | Sections 2.5, 2.33, and 3.1 as follows:
| ||||||
| 16 | (520 ILCS 5/2.5) | ||||||
| 17 | Sec. 2.5. Crossbow conditions. A person may use a crossbow | ||||||
| 18 | if one or more of the following conditions are met: | ||||||
| 19 | (1) the user is a person age 62 and older; | ||||||
| 20 | (2) the user is a person with a disability handicapped | ||||||
| 21 | person to whom the Director has issued a permit to use a | ||||||
| 22 | crossbow, as provided by administrative rule; or | ||||||
| 23 | (3) the date of using the crossbow is during the period | ||||||
| 24 | of the second Monday following the Thanksgiving holiday | ||||||
| |||||||
| |||||||
| 1 | through the last day of the archery deer hunting season | ||||||
| 2 | (both inclusive) set annually by the Director. | ||||||
| 3 | As used in this Section, "person with a disability | ||||||
| 4 | handicapped person" means a person who has a physical | ||||||
| 5 | impairment due to injury or disease, congenital or acquired, | ||||||
| 6 | which renders the person them so severely disabled as to be | ||||||
| 7 | unable to use a longbow, recurve bow, or compound bow. Permits | ||||||
| 8 | must be issued only after the receipt of a physician's | ||||||
| 9 | statement confirming the applicant is a person with a | ||||||
| 10 | disability handicapped as defined above.
| ||||||
| 11 | (Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
| ||||||
| 12 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
| 13 | Sec. 2.33. Prohibitions.
| ||||||
| 14 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
| 15 | refuge unless otherwise permitted by administrative rule.
| ||||||
| 16 | (b) It is unlawful to use or possess any snare or | ||||||
| 17 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
| 18 | species, except that snares not
powered by springs or other | ||||||
| 19 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
| 20 | water sets only, if at least one-half of the snare
noose is | ||||||
| 21 | located underwater at all times.
| ||||||
| 22 | (c) It is unlawful for any person at any time to take a | ||||||
| 23 | wild mammal
protected by this Act from its den by means of any | ||||||
| 24 | mechanical device,
spade, or digging device or to use smoke or | ||||||
| 25 | other gases to dislodge or
remove such mammal except as | ||||||
| |||||||
| |||||||
| 1 | provided in Section 2.37.
| ||||||
| 2 | (d) It is unlawful to use a ferret or any other small | ||||||
| 3 | mammal which is
used in the same or similar manner for which | ||||||
| 4 | ferrets are used for the
purpose of frightening or driving any | ||||||
| 5 | mammals from their dens or hiding places.
| ||||||
| 6 | (e) (Blank).
| ||||||
| 7 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
| 8 | device to
take any species protected by this Act.
| ||||||
| 9 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
| 10 | for the
purpose of taking any species protected by this Act.
| ||||||
| 11 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
| 12 | grass,
brush or other inflammable substance when it is burning.
| ||||||
| 13 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
| 14 | or disturb
in any manner any wild birds or mammals by use or | ||||||
| 15 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
| 16 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
| 17 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
| 18 | any light from or any light connected to the
vehicle or | ||||||
| 19 | conveyance in any area where wildlife may be found except in
| ||||||
| 20 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
| 21 | this
Section shall prohibit the normal use of headlamps for the | ||||||
| 22 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
| 23 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
| 24 | season by use of a small
light which is worn on the body or | ||||||
| 25 | hand-held by a person on foot and not in any
vehicle.
| ||||||
| 26 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
| |||||||
| |||||||
| 1 | while
taking or attempting to take any of the species protected | ||||||
| 2 | by this Act.
| ||||||
| 3 | (k) It is unlawful to use or possess in the field any | ||||||
| 4 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
| 5 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
| 6 | species of wild game mammals (excluding white-tailed
deer), | ||||||
| 7 | wild game birds, migratory waterfowl or migratory game birds | ||||||
| 8 | protected
by this Act, except white-tailed deer as provided for | ||||||
| 9 | in Section 2.26 and other
species as provided for by subsection | ||||||
| 10 | (l) or administrative rule.
| ||||||
| 11 | (l) It is unlawful to take any species of wild game, except
| ||||||
| 12 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
| 13 | loaded with slugs unless otherwise
provided for by | ||||||
| 14 | administrative rule.
| ||||||
| 15 | (m) It is unlawful to use any shotgun capable of holding | ||||||
| 16 | more than 3
shells in the magazine or chamber combined, except | ||||||
| 17 | on game breeding and
hunting preserve areas licensed under | ||||||
| 18 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
| 19 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
| 20 | capable of holding more than 3 shells, it shall, while being | ||||||
| 21 | used on an
area other than a game breeding and shooting | ||||||
| 22 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
| 23 | a one piece plug that is
irremovable without dismantling the | ||||||
| 24 | shotgun or otherwise altered to
render it incapable of holding | ||||||
| 25 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
| 26 | (n) It is unlawful for any person, except persons who | ||||||
| |||||||
| |||||||
| 1 | possess a permit to
hunt from a vehicle as provided in this | ||||||
| 2 | Section and persons otherwise permitted
by law, to have or | ||||||
| 3 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
| 4 | unless such gun is unloaded and enclosed in a case, except that | ||||||
| 5 | at field trials
authorized by Section 2.34 of this Act, | ||||||
| 6 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
| 7 | carried on horseback while not contained in a case, or
to have | ||||||
| 8 | or carry any bow or arrow device in or on any vehicle unless | ||||||
| 9 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
| 10 | otherwise made
inoperable.
| ||||||
| 11 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
| 12 | taking any
wild birds or mammals, except as provided for in | ||||||
| 13 | Section 2.5.
| ||||||
| 14 | (p) It is unlawful to take game birds, migratory game birds | ||||||
| 15 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
| 16 | airgun.
| ||||||
| 17 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
| 18 | airgun on,
over or into any waters of this State, including | ||||||
| 19 | frozen waters.
| ||||||
| 20 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
| 21 | device
along, upon, across, or from any public right-of-way or | ||||||
| 22 | highway in this State.
| ||||||
| 23 | (s) It is unlawful to use a silencer or other device to | ||||||
| 24 | muffle or
mute the sound of the explosion or report resulting | ||||||
| 25 | from the firing of
any gun.
| ||||||
| 26 | (t) It is unlawful for any person to take or attempt to | ||||||
| |||||||
| |||||||
| 1 | take any species of wildlife or parts thereof, intentionally or | ||||||
| 2 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
| 3 | another, or upon waters flowing over or
standing on the land of | ||||||
| 4 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
| 5 | any wildlife physically on or flying over the property of | ||||||
| 6 | another without first obtaining permission from
the owner or | ||||||
| 7 | the owner's designee. For the purposes of this Section, the | ||||||
| 8 | owner's designee means anyone who the owner designates in a | ||||||
| 9 | written authorization and the authorization must contain (i) | ||||||
| 10 | the legal or common description of property for such authority | ||||||
| 11 | is given, (ii) the extent that the owner's designee is | ||||||
| 12 | authorized to make decisions regarding who is allowed to take | ||||||
| 13 | or attempt to take any species of wildlife or parts thereof, | ||||||
| 14 | and (iii) the owner's notarized signature. Before enforcing | ||||||
| 15 | this
Section the law enforcement officer must have received | ||||||
| 16 | notice from the
owner or the owner's designee of a violation of | ||||||
| 17 | this Section. Statements made to the
law enforcement officer | ||||||
| 18 | regarding this notice shall not be rendered
inadmissible by the | ||||||
| 19 | hearsay rule when offered for the purpose of showing the
| ||||||
| 20 | required notice.
| ||||||
| 21 | (u) It is unlawful for any person to discharge any firearm | ||||||
| 22 | for the purpose
of taking any of the species protected by this | ||||||
| 23 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
| 24 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
| 25 | without
first obtaining permission from the owner or tenant, | ||||||
| 26 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
| |||||||
| |||||||
| 1 | with dog and shotgun using shot
shells only, or hunting with | ||||||
| 2 | shotgun using shot shells only, or providing outfitting | ||||||
| 3 | services under a waterfowl outfitter permit, or
on licensed | ||||||
| 4 | game breeding and hunting preserve areas, as defined in Section
| ||||||
| 5 | 3.27, on
federally owned and managed lands and on Department | ||||||
| 6 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
| 7 | restriction shall apply.
| ||||||
| 8 | (v) It is unlawful for any person to remove fur-bearing | ||||||
| 9 | mammals from, or
to move or disturb in any manner, the traps | ||||||
| 10 | owned by another person without
written authorization of the | ||||||
| 11 | owner to do so.
| ||||||
| 12 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
| 13 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
| 14 | except that nothing in this Section shall prohibit the tracking | ||||||
| 15 | of wounded deer with a dog in accordance with the provisions of | ||||||
| 16 | Section 2.26 of this Code.
| ||||||
| 17 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
| 18 | injure
or destroy, in any manner whatsoever, any real or | ||||||
| 19 | personal property on
the land of another while engaged in | ||||||
| 20 | hunting or trapping thereon.
| ||||||
| 21 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
| 22 | between one
half hour after sunset and one half hour before | ||||||
| 23 | sunrise, except that
hunting hours between one half hour after | ||||||
| 24 | sunset and one half hour
before sunrise may be established by | ||||||
| 25 | administrative rule for fur-bearing
mammals.
| ||||||
| 26 | (z) It is unlawful to take any game bird (excluding wild | ||||||
| |||||||
| |||||||
| 1 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
| 2 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
| 3 | Nothing in this Section shall prohibit
a person from carrying | ||||||
| 4 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
| 5 | crippled migratory waterfowl that is incapable of normal | ||||||
| 6 | flight, for the
purpose of attempting to reduce the migratory | ||||||
| 7 | waterfowl to possession, provided
that the attempt is made | ||||||
| 8 | immediately upon downing the migratory waterfowl and
is done | ||||||
| 9 | within 400 yards of the blind from which the migratory | ||||||
| 10 | waterfowl was
downed. This exception shall apply only to | ||||||
| 11 | migratory game birds that are not
capable of normal flight. | ||||||
| 12 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
| 13 | shotgun as regulated by subsection (j) of this Section using
| ||||||
| 14 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
| 15 | (aa) It is unlawful to use or possess any device that may | ||||||
| 16 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
| 17 | mammals, excluding coyotes.
| ||||||
| 18 | (bb) It is unlawful for any person, except licensed game | ||||||
| 19 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
| 20 | possess alive in this
State any species of wildlife taken | ||||||
| 21 | outside of this State, without
obtaining permission to do so | ||||||
| 22 | from the Director.
| ||||||
| 23 | (cc) It is unlawful for any person to have in his or her
| ||||||
| 24 | possession any freshly killed species protected by this Act | ||||||
| 25 | during the season
closed for taking.
| ||||||
| 26 | (dd) It is unlawful to take any species protected by this | ||||||
| |||||||
| |||||||
| 1 | Act and retain
it alive except as provided by administrative | ||||||
| 2 | rule.
| ||||||
| 3 | (ee) It is unlawful to possess any rifle while in the field | ||||||
| 4 | during gun
deer season except as provided in Section 2.26 and | ||||||
| 5 | administrative rules.
| ||||||
| 6 | (ff) It is unlawful for any person to take any species | ||||||
| 7 | protected by
this Act, except migratory waterfowl, during the | ||||||
| 8 | gun deer hunting season in
those counties open to gun deer | ||||||
| 9 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
| 10 | upper outer garment of a solid blaze orange color, with
such | ||||||
| 11 | articles of clothing displaying a minimum of 400 square inches | ||||||
| 12 | of
blaze orange material.
| ||||||
| 13 | (gg) It is unlawful during the upland game season for any | ||||||
| 14 | person to take
upland game with a firearm unless he or she | ||||||
| 15 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
| 16 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
| 17 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
| 18 | Cottontail and Swamp Rabbit.
| ||||||
| 19 | (hh) It shall be unlawful to kill or cripple any species | ||||||
| 20 | protected by
this Act for which there is a bag limit without | ||||||
| 21 | making a reasonable
effort to retrieve such species and include | ||||||
| 22 | such in the bag limit. It shall be unlawful for any person | ||||||
| 23 | having control over harvested game mammals, game birds, or | ||||||
| 24 | migratory game birds for which there is a bag limit to wantonly | ||||||
| 25 | waste or destroy the usable meat of the game, except this shall | ||||||
| 26 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
| |||||||
| |||||||
| 1 | Code. For purposes of this subsection, "usable meat" means the | ||||||
| 2 | breast meat of a game bird or migratory game bird and the hind | ||||||
| 3 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
| 4 | for any person to place, leave, dump, or abandon a wildlife | ||||||
| 5 | carcass or parts of it along or upon a public right-of-way or | ||||||
| 6 | highway or on public or private property, including a waterway | ||||||
| 7 | or stream, without the permission of the owner or tenant. It | ||||||
| 8 | shall not be unlawful to discard game meat that is determined | ||||||
| 9 | to be unfit for human consumption.
| ||||||
| 10 | (ii) This Section shall apply only to those species | ||||||
| 11 | protected by this
Act taken within the State. Any species or | ||||||
| 12 | any parts thereof, legally taken
in and transported from other | ||||||
| 13 | states or countries, may be possessed
within the State, except | ||||||
| 14 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
| 15 | (jj) (Blank).
| ||||||
| 16 | (kk) Nothing contained in this Section shall prohibit the | ||||||
| 17 | Director
from issuing permits to paraplegics or to other | ||||||
| 18 | persons with disabilities disabled persons who meet the
| ||||||
| 19 | requirements set forth in administrative rule to shoot or hunt | ||||||
| 20 | from a vehicle
as provided by that rule, provided that such is | ||||||
| 21 | otherwise in accord with this
Act.
| ||||||
| 22 | (ll) Nothing contained in this Act shall prohibit the | ||||||
| 23 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
| 24 | Code or birds and mammals
protected by this Act, except deer | ||||||
| 25 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
| 26 | disguised to alter its identity or to further provide a place
| ||||||
| |||||||
| |||||||
| 1 | of concealment and not propelled by sail or mechanical power. | ||||||
| 2 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
| 3 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
| 4 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
| 5 | used to take species protected by this Act.
| ||||||
| 6 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
| 7 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
| 8 | gauge, with a rifled barrel.
| ||||||
| 9 | (nn) It shall be unlawful to possess any species of | ||||||
| 10 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
| 11 | other state, or any other country, whether or not the wildlife | ||||||
| 12 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
| 13 | of this subsection, the statute of limitations for unlawful | ||||||
| 14 | possession of wildlife or wildlife parts shall not cease until | ||||||
| 15 | 2 years after the possession has permanently ended. | ||||||
| 16 | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | ||||||
| 17 | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | ||||||
| 18 | 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. | ||||||
| 19 | 1-1-15.)
| ||||||
| 20 | (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) | ||||||
| 21 | Sec. 3.1. License and stamps required. | ||||||
| 22 | (a) Before any person shall take or attempt to take any of | ||||||
| 23 | the species
protected by Section 2.2 for which an open season | ||||||
| 24 | is established under this
Act, he shall first have procured and | ||||||
| 25 | possess a valid hunting license, except as provided in Section | ||||||
| |||||||
| |||||||
| 1 | 3.1-5 of this Code. | ||||||
| 2 | Before any person 16 years of age or older shall take or
| ||||||
| 3 | attempt to take any bird of the species defined as migratory | ||||||
| 4 | waterfowl by
Section 2.2, including coots, he shall first have | ||||||
| 5 | procured a State
Migratory Waterfowl Stamp. | ||||||
| 6 | Before any person 16 years of age or older takes, attempts | ||||||
| 7 | to take, or
pursues any species of wildlife protected by this | ||||||
| 8 | Code, except migratory
waterfowl, coots, and hand-reared birds | ||||||
| 9 | on licensed game breeding and hunting
preserve areas and state | ||||||
| 10 | controlled pheasant hunting areas, he or she shall
first obtain | ||||||
| 11 | a State Habitat Stamp. Veterans with disabilities Disabled | ||||||
| 12 | veterans and former prisoners of
war shall not be required to | ||||||
| 13 | obtain State Habitat Stamps. Any person who
obtained a lifetime | ||||||
| 14 | license before January 1, 1993, shall not be required to
obtain | ||||||
| 15 | State Habitat Stamps. Income from the sale of State Furbearer | ||||||
| 16 | Stamps and
State Pheasant Stamps received after the effective | ||||||
| 17 | date of this amendatory Act
of 1992 shall be deposited into the | ||||||
| 18 | State Furbearer Fund and State Pheasant
Fund, respectively. | ||||||
| 19 | Before any person 16 years of age or older shall take, | ||||||
| 20 | attempt to
take, or sell the green hide of any mammal of the | ||||||
| 21 | species defined as
fur-bearing mammals by Section 2.2 for which | ||||||
| 22 | an open season is established
under this Act, he shall first | ||||||
| 23 | have procured a State Habitat Stamp. | ||||||
| 24 | (b) Before any person who is a non-resident of the State of | ||||||
| 25 | Illinois
shall take or attempt to take any of the species | ||||||
| 26 | protected by Section
2.2
for which an open season is | ||||||
| |||||||
| |||||||
| 1 | established under this Act, he shall,
unless specifically | ||||||
| 2 | exempted by law, first procure a non-resident
license as | ||||||
| 3 | provided by this Act for the taking of any wild game. | ||||||
| 4 | Before a nonresident shall take or attempt to take | ||||||
| 5 | white-tailed deer,
he shall first have procured a Deer Hunting | ||||||
| 6 | Permit as defined in Section
2.26 of this Code. | ||||||
| 7 | Before a nonresident shall take or attempt to take wild | ||||||
| 8 | turkeys, he
shall have procured a Wild Turkey Hunting Permit as | ||||||
| 9 | defined in Section 2.11
of this Code. | ||||||
| 10 | (c) The owners residing on, or bona fide tenants of, farm | ||||||
| 11 | lands and their
children, parents, brothers, and sisters | ||||||
| 12 | actually permanently residing on
their lands shall have the | ||||||
| 13 | right to hunt any of the species protected by
Section 2.2 upon | ||||||
| 14 | their lands and waters without procuring hunting licenses;
but | ||||||
| 15 | the hunting shall be done only during periods of time and with | ||||||
| 16 | devices
and by methods as are permitted by this Act. Any person | ||||||
| 17 | on active duty
with the Armed Forces of the United States who | ||||||
| 18 | is now and who was at the
time of entering the Armed Forces a | ||||||
| 19 | resident of Illinois and who entered
the Armed Forces from this | ||||||
| 20 | State, and who is presently on ordinary or emergency leave
from | ||||||
| 21 | the Armed Forces, and any resident of Illinois who has a | ||||||
| 22 | disability is disabled may hunt
any of the species protected by | ||||||
| 23 | Section 2.2 without procuring a hunting
license, but the | ||||||
| 24 | hunting shall be done only during such periods of time and
with | ||||||
| 25 | devices and by methods as are permitted by this Act. For the | ||||||
| 26 | purpose of
this Section a person is a person with a disability | ||||||
| |||||||
| |||||||
| 1 | disabled when that person has a Type 1 or Type 4,
Class 2 | ||||||
| 2 | disability as defined in Section 4A of the Illinois | ||||||
| 3 | Identification Card
Act. For purposes of this Section, an | ||||||
| 4 | Illinois Person with a Disability Identification
Card issued | ||||||
| 5 | pursuant to the Illinois Identification Card Act indicating | ||||||
| 6 | that
the person named has a Type 1 or Type 4, Class 2 | ||||||
| 7 | disability shall be adequate
documentation of the disability. | ||||||
| 8 | (d) A courtesy non-resident license, permit, or stamp for | ||||||
| 9 | taking game
may be issued at the
discretion of the Director, | ||||||
| 10 | without fee, to any person officially employed
in the game and | ||||||
| 11 | fish or conservation department of another state or of the
| ||||||
| 12 | United States who is within the State to assist or consult or | ||||||
| 13 | cooperate
with the Director; or to the officials of other | ||||||
| 14 | states, the United States,
foreign countries, or officers or | ||||||
| 15 | representatives of conservation
organizations or publications | ||||||
| 16 | while in the State as guests of the Governor
or Director. The | ||||||
| 17 | Director may provide to nonresident participants and
official | ||||||
| 18 | gunners at field trials an exemption from licensure while
| ||||||
| 19 | participating in a field trial. | ||||||
| 20 | (e) State Migratory Waterfowl Stamps shall be required for | ||||||
| 21 | those persons
qualifying under subsections (c) and (d) who | ||||||
| 22 | intend to hunt migratory
waterfowl, including coots, to the | ||||||
| 23 | extent that hunting licenses of the
various types are | ||||||
| 24 | authorized and required by this Section for those persons. | ||||||
| 25 | (f) Registration in the U.S. Fish and Wildlife Migratory | ||||||
| 26 | Bird Harvest
Information Program shall be required for those | ||||||
| |||||||
| |||||||
| 1 | persons who are required to
have a hunting license before | ||||||
| 2 | taking
or attempting to take any bird of the species defined as | ||||||
| 3 | migratory game birds
by Section 2.2, except that this | ||||||
| 4 | subsection shall not apply to crows in this
State
or | ||||||
| 5 | hand-reared birds on licensed game breeding and hunting | ||||||
| 6 | preserve areas, for
which an open season is established by this | ||||||
| 7 | Act. Persons registering with the
Program must carry proof of | ||||||
| 8 | registration with them while migratory bird
hunting. | ||||||
| 9 | The Department shall publish suitable prescribed | ||||||
| 10 | regulations pertaining to
registration by the migratory bird | ||||||
| 11 | hunter in the U.S. Fish and Wildlife Service
Migratory Bird | ||||||
| 12 | Harvest Information Program. | ||||||
| 13 | (Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)
| ||||||
| 14 | Section 865. The Illinois Vehicle Code is amended by | ||||||
| 15 | changing Sections 3-609, 3-611, 3-616, 3-623, 3-626, 3-667, | ||||||
| 16 | 3-683, 3-806.3, 6-205, 6-206, 11-208, 11-209, 11-501.7, | ||||||
| 17 | 11-1301.1, 11-1301.2, 11-1301.3, 11-1301.4, 11-1301.5, | ||||||
| 18 | 11-1301.6, 11-1301.7, and 12-401 as follows:
| ||||||
| 19 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
| 20 | Sec. 3-609. Plates for Veterans with Disabilities Disabled | ||||||
| 21 | Veterans' Plates. | ||||||
| 22 | (a) Any veteran who holds proof of a service-connected | ||||||
| 23 | disability from the United States Department of Veterans | ||||||
| 24 | Affairs, and who has obtained certification from a licensed | ||||||
| |||||||
| |||||||
| 1 | physician, physician assistant, or advanced practice nurse | ||||||
| 2 | that the service-connected disability qualifies the veteran | ||||||
| 3 | for issuance of registration plates or decals to a person with | ||||||
| 4 | disabilities in accordance with Section 3-616, may, without the | ||||||
| 5 | payment of any registration fee, make application to the | ||||||
| 6 | Secretary of State for license plates for veterans with | ||||||
| 7 | disabilities disabled veterans license plates displaying the | ||||||
| 8 | international symbol of access, for the registration of one | ||||||
| 9 | motor vehicle of the first division or one motor vehicle of the | ||||||
| 10 | second division weighing not more than 8,000 pounds. | ||||||
| 11 | (b) Any veteran who holds proof of a service-connected | ||||||
| 12 | disability from the United States Department of Veterans | ||||||
| 13 | Affairs, and whose degree of disability has been declared to be | ||||||
| 14 | 50% or more, but whose disability does not qualify the veteran | ||||||
| 15 | for a plate or decal for persons with disabilities under | ||||||
| 16 | Section 3-616, may, without the payment of any registration | ||||||
| 17 | fee, make application to the Secretary for a special | ||||||
| 18 | registration plate without the international symbol of access | ||||||
| 19 | for the registration of one motor vehicle of the first division | ||||||
| 20 | or one motor vehicle of the second division weighing not more | ||||||
| 21 | than 8,000 pounds.
| ||||||
| 22 | (c) Renewal of such registration must be accompanied with | ||||||
| 23 | documentation
for eligibility of registration without fee | ||||||
| 24 | unless the applicant has a
permanent qualifying disability, and | ||||||
| 25 | such registration plates may not be
issued to any person not | ||||||
| 26 | eligible therefor. The Illinois Department of Veterans' | ||||||
| |||||||
| |||||||
| 1 | Affairs may assist in providing the
documentation of | ||||||
| 2 | disability.
| ||||||
| 3 | (d) The design and color of the plates shall be within the | ||||||
| 4 | discretion of the Secretary, except that the plates issued | ||||||
| 5 | under subsection (b) of this Section shall not contain the | ||||||
| 6 | international symbol of access. The Secretary may, in his or | ||||||
| 7 | her discretion, allow the plates to be issued as vanity or | ||||||
| 8 | personalized plates in accordance with Section 3-405.1 of this | ||||||
| 9 | Code. Registration shall be for a multi-year period and may be | ||||||
| 10 | issued staggered registration. | ||||||
| 11 | (e) Any person eligible to receive license plates under | ||||||
| 12 | this Section who has been approved for benefits under the | ||||||
| 13 | Senior Citizens and Persons with Disabilities Disabled Persons | ||||||
| 14 | Property Tax Relief Act, or who has claimed and received a | ||||||
| 15 | grant under that Act, shall pay a fee of $24 instead of the fee | ||||||
| 16 | otherwise provided in this Code for passenger cars displaying | ||||||
| 17 | standard multi-year registration plates issued under Section | ||||||
| 18 | 3-414.1, for motor vehicles registered at 8,000 pounds or less | ||||||
| 19 | under Section 3-815(a), or for recreational vehicles | ||||||
| 20 | registered at 8,000 pounds or less under Section 3-815(b), for | ||||||
| 21 | a second set of plates under this Section.
| ||||||
| 22 | (Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13; | ||||||
| 23 | 98-463, eff. 8-16-13.)
| ||||||
| 24 | (625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
| ||||||
| 25 | Sec. 3-611. Special designations. The Secretary of State, | ||||||
| |||||||
| |||||||
| 1 | in his
discretion, may make special designations of certain | ||||||
| 2 | designs or
combinations of designs, or alphabetical letters or | ||||||
| 3 | combination of
letters, or colors or combination of colors | ||||||
| 4 | pertaining to registration
plates issued to vehicles owned by | ||||||
| 5 | governmental agencies, vehicles owned
and registered by State | ||||||
| 6 | and federal elected officials, retired Illinois Supreme
Court | ||||||
| 7 | justices, and appointed federal cabinet officials, vehicles | ||||||
| 8 | operated
by taxi or livery businesses, operated in connection | ||||||
| 9 | with mileage weight
registrations, or operated by a dealer, | ||||||
| 10 | transporter, or manufacturer as
the Secretary of State may deem | ||||||
| 11 | necessary for the proper administration
of this Act. In the | ||||||
| 12 | case of registration plates issued for vehicles
operated by or | ||||||
| 13 | for persons with disabilities, as defined by Section
1-159.1, | ||||||
| 14 | under Section 3-616 of this Act, the Secretary of State, upon
| ||||||
| 15 | request, shall make such special designations so that | ||||||
| 16 | automobiles bearing
such plates are easily recognizable thru | ||||||
| 17 | use of the international
accessibility symbol as automobiles | ||||||
| 18 | driven by or for such persons.
In the case of registration | ||||||
| 19 | plates issued for vehicles operated by a
person with a | ||||||
| 20 | disability disabled person with a type four hearing disability, | ||||||
| 21 | as defined pursuant to
Section 4A of The Illinois | ||||||
| 22 | Identification Card Act, the Secretary of State,
upon request, | ||||||
| 23 | shall make such special designations so that a motor vehicle
| ||||||
| 24 | bearing such plate is easily recognizable by a special symbol | ||||||
| 25 | indicating
that such vehicle is driven by a person with a | ||||||
| 26 | hearing disability.
Registration plates issued to a person who | ||||||
| |||||||
| |||||||
| 1 | is deaf or hard of
hearing under this Section shall
not entitle | ||||||
| 2 | a motor vehicle bearing such plates to those parking privileges
| ||||||
| 3 | established for persons with disabilities under this
Code. In | ||||||
| 4 | the case of registration
plates issued for State owned | ||||||
| 5 | vehicles, they shall be manufactured in
compliance with Section | ||||||
| 6 | 2 of "An Act relating to identification and use of
motor | ||||||
| 7 | vehicles of the State, approved August 9, 1951, as amended". In | ||||||
| 8 | the
case of plates issued for State officials, such plates may | ||||||
| 9 | be issued for a
2 year period beginning January 1st of each | ||||||
| 10 | odd-numbered year and ending
December 31st of the subsequent | ||||||
| 11 | even-numbered year.
| ||||||
| 12 | (Source: P.A. 87-829; 87-832; 87-1249; 88-685, eff. 1-24-95.)
| ||||||
| 13 | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| ||||||
| 14 | Sec. 3-616. Disability license plates.
| ||||||
| 15 | (a) Upon receiving an application for a certificate of | ||||||
| 16 | registration for
a motor vehicle of the first division or for a | ||||||
| 17 | motor vehicle of the second
division weighing no more than | ||||||
| 18 | 8,000 pounds, accompanied with payment of the
registration fees | ||||||
| 19 | required under this Code from a person with disabilities or
a | ||||||
| 20 | person who is deaf or hard of hearing, the Secretary of State,
| ||||||
| 21 | if so requested, shall issue to such person registration plates | ||||||
| 22 | as provided for
in Section 3-611, provided that the person with | ||||||
| 23 | disabilities or person who is
deaf or hard of hearing must not | ||||||
| 24 | be disqualified from obtaining a driver's
license under | ||||||
| 25 | subsection 8 of Section 6-103 of this Code, and further | ||||||
| |||||||
| |||||||
| 1 | provided
that any person making such a request must submit a | ||||||
| 2 | statement, certified by
a
licensed physician, by a physician | ||||||
| 3 | assistant who has been delegated the
authority to make this | ||||||
| 4 | certification by his or her supervising physician, or by
an | ||||||
| 5 | advanced practice nurse who has a written collaborative | ||||||
| 6 | agreement with a
collaborating physician that authorizes the | ||||||
| 7 | advanced practice nurse to make
this certification, to
the | ||||||
| 8 | effect that such person is a person with disabilities
as | ||||||
| 9 | defined by Section 1-159.1 of this Code, or alternatively | ||||||
| 10 | provide adequate
documentation that such person has a Class 1A, | ||||||
| 11 | Class 2A or Type Four
disability under the provisions of | ||||||
| 12 | Section 4A of the Illinois Identification
Card Act. For | ||||||
| 13 | purposes of this Section, an Illinois Person
with a Disability | ||||||
| 14 | Identification Card issued pursuant to the Illinois | ||||||
| 15 | Identification Card Act
indicating that the person thereon | ||||||
| 16 | named has a disability shall be adequate
documentation of such | ||||||
| 17 | a disability.
| ||||||
| 18 | (b) The Secretary shall issue plates under this Section to | ||||||
| 19 | a parent or
legal guardian of a person with disabilities if the | ||||||
| 20 | person with disabilities
has a Class 1A or Class 2A disability | ||||||
| 21 | as defined in Section 4A of the Illinois
Identification Card | ||||||
| 22 | Act or is a person with disabilities as defined by Section
| ||||||
| 23 | 1-159.1 of this Code, and does not possess a vehicle registered | ||||||
| 24 | in his or her
name, provided that the person with disabilities | ||||||
| 25 | relies frequently on the
parent or legal guardian for | ||||||
| 26 | transportation. Only one vehicle per family
may be registered | ||||||
| |||||||
| |||||||
| 1 | under this subsection, unless the applicant can justify in
| ||||||
| 2 | writing the need for one additional set of plates. Any person | ||||||
| 3 | requesting
special plates under this subsection shall submit | ||||||
| 4 | such documentation or such
physician's, physician assistant's, | ||||||
| 5 | or advanced practice nurse's
statement as is required in | ||||||
| 6 | subsection
(a) and a statement
describing the circumstances | ||||||
| 7 | qualifying for issuance of special plates under
this | ||||||
| 8 | subsection. An optometrist may certify a Class 2A Visual | ||||||
| 9 | Disability, as defined in Section 4A of the Illinois | ||||||
| 10 | Identification Card Act, for the purpose of qualifying a person | ||||||
| 11 | with disabilities for special plates under this subsection.
| ||||||
| 12 | (c) The Secretary may issue a
parking decal or
device to a | ||||||
| 13 | person with disabilities as defined by Section 1-159.1 without
| ||||||
| 14 | regard to qualification of such person with disabilities for a | ||||||
| 15 | driver's license
or registration of a vehicle by such person | ||||||
| 16 | with disabilities or such person's
immediate family, provided | ||||||
| 17 | such person with disabilities making such a request
has been | ||||||
| 18 | issued an Illinois Person with a Disability Identification Card | ||||||
| 19 | indicating that the
person named thereon has a Class 1A or | ||||||
| 20 | Class 2A disability, or alternatively,
submits a statement | ||||||
| 21 | certified by a licensed physician, or by a physician
assistant | ||||||
| 22 | or an advanced practice nurse as provided in subsection (a), to
| ||||||
| 23 | the effect that such
person is a person with disabilities as | ||||||
| 24 | defined by Section 1-159.1. An optometrist may certify a Class | ||||||
| 25 | 2A Visual Disability as defined in Section 4A of the Illinois | ||||||
| 26 | Identification Card Act for the purpose of qualifying a person | ||||||
| |||||||
| |||||||
| 1 | with disabilities for a parking decal or device under this | ||||||
| 2 | subsection.
| ||||||
| 3 | (d) The Secretary shall prescribe by rules and regulations | ||||||
| 4 | procedures
to certify or re-certify as necessary the | ||||||
| 5 | eligibility of persons whose
disabilities are other than | ||||||
| 6 | permanent for special plates or
parking decals or devices | ||||||
| 7 | issued under subsections (a), (b)
and (c). Except as provided | ||||||
| 8 | under subsection (f) of this Section, no
such special plates, | ||||||
| 9 | decals or devices shall be issued by the Secretary of
State to | ||||||
| 10 | or on behalf of any person with disabilities unless such person | ||||||
| 11 | is
certified as meeting the definition of a person with | ||||||
| 12 | disabilities pursuant to
Section 1-159.1 or meeting the | ||||||
| 13 | requirement of a Type Four disability as
provided under Section | ||||||
| 14 | 4A of the Illinois Identification Card Act for the
period of | ||||||
| 15 | time that the physician, or the physician assistant or advanced
| ||||||
| 16 | practice nurse as provided in
subsection (a), determines the | ||||||
| 17 | applicant will have the
disability, but not to exceed 6 months | ||||||
| 18 | from the date of certification or
recertification.
| ||||||
| 19 | (e) Any person requesting special plates under this Section | ||||||
| 20 | may also apply
to have the special plates personalized, as | ||||||
| 21 | provided under Section 3-405.1.
| ||||||
| 22 | (f) The Secretary of State, upon application, shall issue | ||||||
| 23 | disability registration plates or a parking decal to
| ||||||
| 24 | corporations, school districts, State or municipal agencies, | ||||||
| 25 | limited liability
companies, nursing homes, convalescent | ||||||
| 26 | homes, or special education cooperatives
which will transport | ||||||
| |||||||
| |||||||
| 1 | persons with disabilities. The Secretary shall prescribe
by | ||||||
| 2 | rule a means to certify or re-certify the eligibility of | ||||||
| 3 | organizations to
receive disability plates or decals and to | ||||||
| 4 | designate which of the
2 person with disabilities emblems shall | ||||||
| 5 | be placed on qualifying
vehicles.
| ||||||
| 6 | (g) The Secretary of State, or his designee, may enter into
| ||||||
| 7 | agreements with other jurisdictions, including foreign | ||||||
| 8 | jurisdictions, on
behalf of this State relating to the | ||||||
| 9 | extension of parking privileges by
such jurisdictions to | ||||||
| 10 | permanently disabled residents of this State with disabilities | ||||||
| 11 | who
display a special license plate or parking device that | ||||||
| 12 | contains the
International symbol of access on his or her motor | ||||||
| 13 | vehicle, and to
recognize such plates or devices issued by such | ||||||
| 14 | other jurisdictions. This
State shall grant the same parking | ||||||
| 15 | privileges which are granted to disabled
residents of this | ||||||
| 16 | State with disabilities to any non-resident whose motor vehicle | ||||||
| 17 | is licensed
in another state, district, territory or foreign | ||||||
| 18 | country if such vehicle
displays the international symbol of | ||||||
| 19 | access or a distinguishing insignia on
license plates or | ||||||
| 20 | parking device issued in accordance with the laws of the
| ||||||
| 21 | non-resident's state, district, territory or foreign country.
| ||||||
| 22 | (Source: P.A. 97-1064, eff. 1-1-13.)
| ||||||
| 23 | (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
| ||||||
| 24 | Sec. 3-623. Purple Heart Plates. | ||||||
| 25 | (a) The Secretary, upon receipt of an
application made in | ||||||
| |||||||
| |||||||
| 1 | the form prescribed by the Secretary of State, may
issue to | ||||||
| 2 | recipients awarded the Purple Heart by a branch of the armed
| ||||||
| 3 | forces of the United States who reside in Illinois,
special
| ||||||
| 4 | registration plates. The Secretary, upon receipt of the proper | ||||||
| 5 | application, may also issue these special registration plates | ||||||
| 6 | to an Illinois resident who is the surviving spouse of a person | ||||||
| 7 | who was awarded the Purple Heart by a branch of the armed | ||||||
| 8 | forces of the United States. The special plates issued pursuant | ||||||
| 9 | to this Section
should be affixed only to passenger vehicles of | ||||||
| 10 | the 1st division, including
motorcycles, or motor
vehicles of | ||||||
| 11 | the 2nd division weighing not more than 8,000 pounds. The | ||||||
| 12 | Secretary may, in his or her discretion, allow the plates to be | ||||||
| 13 | issued as vanity or personalized plates in accordance with | ||||||
| 14 | Section 3-405.1 of this Code.
The Secretary of State must make | ||||||
| 15 | a version of the special registration plates authorized under | ||||||
| 16 | this Section in a form appropriate for motorcycles.
| ||||||
| 17 | (b) The design and color of such plates shall be wholly | ||||||
| 18 | within the discretion
of the Secretary of State. Appropriate | ||||||
| 19 | documentation, as determined by the
Secretary, and the | ||||||
| 20 | appropriate registration fee shall
accompany the application, | ||||||
| 21 | except: | ||||||
| 22 | (1) a person eligible to be issued Purple Heart plates | ||||||
| 23 | may display the plates on one vehicle without the payment | ||||||
| 24 | of any registration or registration renewal fee; and | ||||||
| 25 | (2) for an individual who has been issued Purple Heart | ||||||
| 26 | plates for an additional
vehicle and who has been approved | ||||||
| |||||||
| |||||||
| 1 | for benefits under the Senior Citizens and
Persons with | ||||||
| 2 | Disabilities Disabled Persons Property Tax Relief Act, the | ||||||
| 3 | annual fee for
the registration of the vehicle shall be as | ||||||
| 4 | provided in Section 3-806.3 of
this Code.
| ||||||
| 5 | (Source: P.A. 97-689, eff. 6-14-12; 98-902, eff. 1-1-15.)
| ||||||
| 6 | (625 ILCS 5/3-626)
| ||||||
| 7 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
| 8 | (a) In addition to any other special license plate, the | ||||||
| 9 | Secretary, upon
receipt of all applicable fees and applications | ||||||
| 10 | made in the form prescribed by
the Secretary of State, may | ||||||
| 11 | issue special registration plates designated as
Korean War | ||||||
| 12 | Veteran license plates to
residents of Illinois who | ||||||
| 13 | participated in the United States Armed Forces during
the | ||||||
| 14 | Korean War. The special plate issued under this Section shall | ||||||
| 15 | be affixed
only to passenger vehicles of the first division, | ||||||
| 16 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
| 17 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
| 18 | Section 1-169 of this Code. Plates issued under this Section | ||||||
| 19 | shall
expire according to the staggered multi-year procedure | ||||||
| 20 | established by Section
3-414.1 of this Code.
| ||||||
| 21 | (b) The design, color, and format of the plates shall be | ||||||
| 22 | wholly
within the discretion of the Secretary of State. The | ||||||
| 23 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
| 24 | issued as vanity plates or personalized
in accordance with | ||||||
| 25 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
| |||||||
| |||||||
| 1 | designate "Land Of Lincoln", as prescribed in subsection (b) of | ||||||
| 2 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
| 3 | eligibility requirements
and, in his or her discretion, shall | ||||||
| 4 | approve and prescribe stickers or decals
as provided under | ||||||
| 5 | Section 3-412.
| ||||||
| 6 | (c) (Blank).
| ||||||
| 7 | (d) The Korean War Memorial Construction Fund is created as | ||||||
| 8 | a special fund
in the State treasury. All moneys in the Korean | ||||||
| 9 | War Memorial Construction Fund
shall, subject to | ||||||
| 10 | appropriation, be used by the Department of Veteran Affairs
to | ||||||
| 11 | provide grants for construction of the Korean War Memorial to | ||||||
| 12 | be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon | ||||||
| 13 | the completion of the
Memorial, the Department of Veteran | ||||||
| 14 | Affairs shall certify to the State
Treasurer that the | ||||||
| 15 | construction of the Memorial has been completed. Upon the
| ||||||
| 16 | certification by the Department of Veteran Affairs, the State | ||||||
| 17 | Treasurer shall
transfer all moneys in the Fund and any future | ||||||
| 18 | deposits into the Fund into the
Secretary of State Special | ||||||
| 19 | License Plate
Fund.
| ||||||
| 20 | (e) An individual who has been issued Korean War Veteran | ||||||
| 21 | license plates
for a vehicle
and who has been approved for | ||||||
| 22 | benefits under the Senior Citizens and Persons with | ||||||
| 23 | Disabilities Disabled
Persons Property Tax Relief Act shall pay
| ||||||
| 24 | the original issuance and the regular annual fee for the | ||||||
| 25 | registration of the
vehicle as provided in Section 3-806.3 of | ||||||
| 26 | this Code in addition to the fees
specified in subsection (c) | ||||||
| |||||||
| |||||||
| 1 | of this Section.
| ||||||
| 2 | (Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
| ||||||
| 3 | (625 ILCS 5/3-667)
| ||||||
| 4 | Sec. 3-667. Korean Service license plates. | ||||||
| 5 | (a) In addition to any other special license plate, the | ||||||
| 6 | Secretary, upon
receipt of all applicable fees and applications | ||||||
| 7 | made in the form prescribed by
the Secretary of State, may | ||||||
| 8 | issue special registration plates designated as
Korean Service | ||||||
| 9 | license plates to
residents of Illinois who, on or after July | ||||||
| 10 | 27, 1954, participated in the United States Armed Forces in | ||||||
| 11 | Korea. The special plate issued under this Section shall be | ||||||
| 12 | affixed
only to passenger vehicles of the first division, | ||||||
| 13 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
| 14 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
| 15 | Section 1-169 of this Code. Plates issued under this Section | ||||||
| 16 | shall
expire according to the staggered multi-year procedure | ||||||
| 17 | established by Section
3-414.1 of this Code. | ||||||
| 18 | (b) The design, color, and format of the plates shall be | ||||||
| 19 | wholly
within the discretion of the Secretary of State. The | ||||||
| 20 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
| 21 | issued as vanity or personalized
plates in accordance with | ||||||
| 22 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
| 23 | designate "Land of
Lincoln", as prescribed in subsection (b) of | ||||||
| 24 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
| 25 | eligibility requirements
and, in his or her discretion, shall | ||||||
| |||||||
| |||||||
| 1 | approve and prescribe stickers or decals
as provided under | ||||||
| 2 | Section 3-412.
| ||||||
| 3 | (c) An applicant shall be charged a $2 fee for original | ||||||
| 4 | issuance
in addition to the applicable registration fee. This | ||||||
| 5 | additional fee shall be deposited into the Korean War Memorial | ||||||
| 6 | Construction Fund a special fund in the State treasury.
| ||||||
| 7 | (d) An individual who has been issued Korean Service | ||||||
| 8 | license plates
for a vehicle
and who has been approved for | ||||||
| 9 | benefits under the Senior Citizens and Persons with | ||||||
| 10 | Disabilities Disabled
Persons Property Tax Relief Act shall pay
| ||||||
| 11 | the original issuance and the regular annual fee for the | ||||||
| 12 | registration of the
vehicle as provided in Section 3-806.3 of | ||||||
| 13 | this Code in addition to the fees
specified in subsection (c) | ||||||
| 14 | of this Section.
| ||||||
| 15 | (Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
| ||||||
| 16 | (625 ILCS 5/3-683)
| ||||||
| 17 | Sec. 3-683. Distinguished Service Cross license plates. | ||||||
| 18 | The Secretary, upon receipt of an
application made in the form | ||||||
| 19 | prescribed by the Secretary of State, shall
issue special
| ||||||
| 20 | registration plates to any Illinois resident who has been | ||||||
| 21 | awarded the Distinguished Service Cross by a branch of the | ||||||
| 22 | armed
forces of the United States. The Secretary, upon receipt | ||||||
| 23 | of the proper application, shall also issue these special | ||||||
| 24 | registration plates to an Illinois resident who is the | ||||||
| 25 | surviving spouse of a person who was awarded the Distinguished | ||||||
| |||||||
| |||||||
| 1 | Service Cross by a branch of the armed forces of the United | ||||||
| 2 | States. The special plates issued under this Section
should be | ||||||
| 3 | affixed only to passenger vehicles of the first division, | ||||||
| 4 | including
motorcycles, or motor
vehicles of the second division | ||||||
| 5 | weighing not more than 8,000 pounds. | ||||||
| 6 | The design and color of the plates shall be wholly within | ||||||
| 7 | the discretion
of the Secretary of State. Appropriate | ||||||
| 8 | documentation, as determined by the
Secretary, and the | ||||||
| 9 | appropriate registration fee shall
accompany the application.
| ||||||
| 10 | However, for an individual who has been issued Distinguished | ||||||
| 11 | Service Cross plates for a
vehicle and who has been approved | ||||||
| 12 | for benefits under the Senior Citizens and
Persons with | ||||||
| 13 | Disabilities Disabled Persons Property Tax Relief Act, the | ||||||
| 14 | annual fee for
the registration of the vehicle shall be as | ||||||
| 15 | provided in Section 3-806.3 of
this Code.
| ||||||
| 16 | (Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
| ||||||
| 17 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
| 18 | Sec. 3-806.3. Senior Citizens.
Commencing with the 2009 | ||||||
| 19 | registration year, the registration fee paid by
any vehicle | ||||||
| 20 | owner who has been approved for benefits under the Senior
| ||||||
| 21 | Citizens and Persons with Disabilities Disabled Persons | ||||||
| 22 | Property Tax Relief
Act or who is the spouse of such a person | ||||||
| 23 | shall be $24 instead of the fee
otherwise provided in this Code | ||||||
| 24 | for passenger cars displaying standard
multi-year registration | ||||||
| 25 | plates issued under Section 3-414.1, motor vehicles
displaying | ||||||
| |||||||
| |||||||
| 1 | special registration plates issued under Section 3-609, 3-616, | ||||||
| 2 | 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, | ||||||
| 3 | 3-645, 3-647, 3-650,
3-651, or 3-663, motor vehicles registered | ||||||
| 4 | at 8,000 pounds or less under Section
3-815(a), and | ||||||
| 5 | recreational vehicles registered at 8,000 pounds or less under
| ||||||
| 6 | Section 3-815(b). Widows and widowers of claimants shall also | ||||||
| 7 | be entitled to
this reduced registration fee for the | ||||||
| 8 | registration year in which the claimant
was eligible.
| ||||||
| 9 | Commencing with the 2009 registration year, the | ||||||
| 10 | registration fee paid by
any vehicle owner who has claimed and | ||||||
| 11 | received a grant under the Senior
Citizens and Persons with | ||||||
| 12 | Disabilities Disabled Persons Property Tax Relief
Act or who is | ||||||
| 13 | the spouse of such a person shall be $24 instead of the fee
| ||||||
| 14 | otherwise provided in this Code for passenger cars displaying | ||||||
| 15 | standard
multi-year registration plates issued under Section | ||||||
| 16 | 3-414.1, motor vehicles
displaying special registration plates | ||||||
| 17 | issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | ||||||
| 18 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
| 19 | 3-651, 3-663, or 3-664, motor vehicles registered at 8,000 | ||||||
| 20 | pounds or less under Section
3-815(a), and recreational | ||||||
| 21 | vehicles registered at 8,000 pounds or less under
Section | ||||||
| 22 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
| 23 | entitled to
this reduced registration fee for the registration | ||||||
| 24 | year in which the claimant
was eligible.
| ||||||
| 25 | No more than one reduced registration fee under this | ||||||
| 26 | Section shall be
allowed during any 12 month period based on | ||||||
| |||||||
| |||||||
| 1 | the primary eligibility of any
individual, whether such reduced | ||||||
| 2 | registration fee is allowed to the
individual or to the spouse, | ||||||
| 3 | widow or widower of such individual. This
Section does not | ||||||
| 4 | apply to the fee paid in addition to the registration fee
for | ||||||
| 5 | motor vehicles displaying vanity or special license
plates.
| ||||||
| 6 | (Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
| ||||||
| 7 | (625 ILCS 5/6-205)
| ||||||
| 8 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
| 9 | Hardship cases.
| ||||||
| 10 | (a) Except as provided in this Section, the Secretary of | ||||||
| 11 | State shall
immediately revoke the license, permit, or driving | ||||||
| 12 | privileges of
any driver upon receiving a
report of the | ||||||
| 13 | driver's conviction of any of the following offenses:
| ||||||
| 14 | 1. Reckless homicide resulting from the operation of a | ||||||
| 15 | motor vehicle;
| ||||||
| 16 | 2. Violation of Section 11-501 of this Code or a | ||||||
| 17 | similar provision of
a local ordinance relating to the | ||||||
| 18 | offense of operating or being in physical
control of a | ||||||
| 19 | vehicle while under the influence of alcohol, other drug or
| ||||||
| 20 | drugs, intoxicating compound or compounds, or any | ||||||
| 21 | combination thereof;
| ||||||
| 22 | 3. Any felony under the laws of any State or the | ||||||
| 23 | federal government
in the commission of which a motor | ||||||
| 24 | vehicle was used;
| ||||||
| 25 | 4. Violation of Section 11-401 of this Code relating to | ||||||
| |||||||
| |||||||
| 1 | the offense of
leaving the scene of a traffic accident | ||||||
| 2 | involving death or personal injury;
| ||||||
| 3 | 5. Perjury or the making of a false affidavit or | ||||||
| 4 | statement under
oath to the Secretary of State under this | ||||||
| 5 | Code or under any
other law relating to the ownership or | ||||||
| 6 | operation of motor vehicles;
| ||||||
| 7 | 6. Conviction upon 3 charges of violation of Section | ||||||
| 8 | 11-503 of this
Code relating to the offense of reckless | ||||||
| 9 | driving committed within a
period of 12 months;
| ||||||
| 10 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
| 11 | of this Code;
| ||||||
| 12 | 8. Violation of Section 11-504 of this Code relating to | ||||||
| 13 | the offense
of drag racing;
| ||||||
| 14 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
| 15 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
| 16 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
| 17 | motor vehicle;
| ||||||
| 18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
| 19 | to aggravated
fleeing or attempting to elude a peace | ||||||
| 20 | officer;
| ||||||
| 21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
| 22 | Section 6-507,
or a similar law of any other state, | ||||||
| 23 | relating to the
unlawful operation of a commercial motor | ||||||
| 24 | vehicle;
| ||||||
| 25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
| 26 | this Code or a
similar provision of a local ordinance if | ||||||
| |||||||
| |||||||
| 1 | the driver has been previously
convicted of a violation of | ||||||
| 2 | that Section or a similar provision of a local
ordinance | ||||||
| 3 | and the driver was less than 21 years of age at the time of | ||||||
| 4 | the
offense;
| ||||||
| 5 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
| 6 | this Code or a similar provision of a local ordinance | ||||||
| 7 | relating to the offense of street racing;
| ||||||
| 8 | 15. A second or subsequent conviction of driving while | ||||||
| 9 | the person's driver's license, permit or privileges was | ||||||
| 10 | revoked for reckless homicide or a similar out-of-state | ||||||
| 11 | offense; | ||||||
| 12 | 16. Any offense against any provision in this Code, or | ||||||
| 13 | any local ordinance, regulating the
movement of traffic | ||||||
| 14 | when that offense was the proximate cause of the death of | ||||||
| 15 | any person. Any person whose driving privileges have been | ||||||
| 16 | revoked pursuant to this paragraph may seek to have the | ||||||
| 17 | revocation terminated or to have the length of revocation | ||||||
| 18 | reduced by requesting an administrative hearing with the | ||||||
| 19 | Secretary of State prior to the projected driver's license | ||||||
| 20 | application eligibility date; | ||||||
| 21 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
| 22 | of this Code or a similar provision of a local ordinance; | ||||||
| 23 | 18. A second or subsequent conviction of illegal | ||||||
| 24 | possession, while operating or in actual physical control, | ||||||
| 25 | as a driver, of a motor vehicle, of any controlled | ||||||
| 26 | substance prohibited under the Illinois Controlled | ||||||
| |||||||
| |||||||
| 1 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
| 2 | Control Act, or any methamphetamine prohibited under the | ||||||
| 3 | Methamphetamine Control and Community Protection Act. A | ||||||
| 4 | defendant found guilty of this offense while operating a | ||||||
| 5 | motor vehicle
shall have an entry made in the court record | ||||||
| 6 | by the presiding judge that
this offense did occur while | ||||||
| 7 | the defendant was operating a motor vehicle
and order the | ||||||
| 8 | clerk of the court to report the violation to the Secretary
| ||||||
| 9 | of State. | ||||||
| 10 | (b) The Secretary of State shall also immediately revoke | ||||||
| 11 | the license
or permit of any driver in the following | ||||||
| 12 | situations:
| ||||||
| 13 | 1. Of any minor upon receiving the notice provided for | ||||||
| 14 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
| 15 | minor has been
adjudicated under that Act as having | ||||||
| 16 | committed an offense relating to
motor vehicles prescribed | ||||||
| 17 | in Section 4-103 of this Code;
| ||||||
| 18 | 2. Of any person when any other law of this State | ||||||
| 19 | requires either the
revocation or suspension of a license | ||||||
| 20 | or permit;
| ||||||
| 21 | 3. Of any person adjudicated under the Juvenile Court | ||||||
| 22 | Act of 1987 based on an offense determined to have been | ||||||
| 23 | committed in furtherance of the criminal activities of an | ||||||
| 24 | organized gang as provided in Section 5-710 of that Act, | ||||||
| 25 | and that involved the operation or use of a motor vehicle | ||||||
| 26 | or the use of a driver's license or permit. The revocation | ||||||
| |||||||
| |||||||
| 1 | shall remain in effect for the period determined by the | ||||||
| 2 | court. Upon the direction of the court, the Secretary shall | ||||||
| 3 | issue the person a judicial driving permit, also known as a | ||||||
| 4 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
| 5 | issued under Section 6-206.1, except that the court may | ||||||
| 6 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
| 7 | effective immediately.
| ||||||
| 8 | (c)(1) Whenever a person is convicted of any of the | ||||||
| 9 | offenses enumerated in
this Section, the court may recommend | ||||||
| 10 | and the Secretary of State in his
discretion, without regard to | ||||||
| 11 | whether the recommendation is made by the
court may, upon | ||||||
| 12 | application,
issue to the person a
restricted driving permit | ||||||
| 13 | granting the privilege of driving a motor
vehicle between the | ||||||
| 14 | petitioner's residence and petitioner's place
of employment or | ||||||
| 15 | within the scope of the petitioner's employment related
duties, | ||||||
| 16 | or to allow the petitioner to transport himself or herself or a | ||||||
| 17 | family member
of the petitioner's household to a medical | ||||||
| 18 | facility for the receipt of necessary medical care or to allow | ||||||
| 19 | the
petitioner to transport himself or herself to and from | ||||||
| 20 | alcohol or drug remedial or rehabilitative activity | ||||||
| 21 | recommended by a licensed service provider, or to allow the
| ||||||
| 22 | petitioner to transport himself or herself or a family member | ||||||
| 23 | of the petitioner's household to classes, as a student, at an | ||||||
| 24 | accredited educational
institution, or to allow the petitioner | ||||||
| 25 | to transport children, elderly persons, or persons with | ||||||
| 26 | disabilities disabled persons who do not hold driving | ||||||
| |||||||
| |||||||
| 1 | privileges and are living in the petitioner's household to and | ||||||
| 2 | from daycare; if the petitioner is able to demonstrate that no | ||||||
| 3 | alternative means
of transportation is reasonably available | ||||||
| 4 | and that the petitioner will not endanger
the public safety or | ||||||
| 5 | welfare; provided that the Secretary's discretion shall be
| ||||||
| 6 | limited to cases where undue hardship, as defined by the rules | ||||||
| 7 | of the Secretary of State, would result from a failure to issue | ||||||
| 8 | the
restricted driving permit. Those multiple offenders | ||||||
| 9 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
| 10 | however, shall not be eligible for the issuance of a restricted | ||||||
| 11 | driving permit.
| ||||||
| 12 | (2) If a person's license or permit is revoked or | ||||||
| 13 | suspended due to 2 or
more convictions of violating Section | ||||||
| 14 | 11-501 of this Code or a similar
provision of a local | ||||||
| 15 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 17 | where the use of alcohol or other drugs is recited as an | ||||||
| 18 | element of the offense, or a similar out-of-state offense, | ||||||
| 19 | or a combination of these offenses, arising out
of separate | ||||||
| 20 | occurrences, that person, if issued a restricted driving | ||||||
| 21 | permit,
may not operate a vehicle unless it has been | ||||||
| 22 | equipped with an ignition
interlock device as defined in | ||||||
| 23 | Section 1-129.1.
| ||||||
| 24 | (3) If:
| ||||||
| 25 | (A) a person's license or permit is revoked or | ||||||
| 26 | suspended 2 or more
times within a 10 year period due | ||||||
| |||||||
| |||||||
| 1 | to any combination of: | ||||||
| 2 | (i)
a single conviction of violating Section
| ||||||
| 3 | 11-501 of this Code or a similar provision of a | ||||||
| 4 | local ordinance or a similar
out-of-state offense, | ||||||
| 5 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 6 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 7 | other drugs is recited as an element of the | ||||||
| 8 | offense, or a similar out-of-state offense; or | ||||||
| 9 | (ii)
a statutory summary suspension or | ||||||
| 10 | revocation under Section
11-501.1; or | ||||||
| 11 | (iii)
a suspension pursuant to Section | ||||||
| 12 | 6-203.1;
| ||||||
| 13 | arising out of
separate occurrences; or | ||||||
| 14 | (B)
a person has been convicted of one violation of | ||||||
| 15 | Section 6-303 of this Code committed while his or her | ||||||
| 16 | driver's license, permit, or privilege was revoked | ||||||
| 17 | because of a violation of Section 9-3 of the Criminal | ||||||
| 18 | Code of 1961 or the Criminal Code of 2012, relating to | ||||||
| 19 | the offense of reckless homicide where the use of | ||||||
| 20 | alcohol or other drugs was recited as an element of the | ||||||
| 21 | offense, or a similar provision of a law of another | ||||||
| 22 | state;
| ||||||
| 23 | that person, if issued a restricted
driving permit, may not | ||||||
| 24 | operate a vehicle unless it has been equipped with an
| ||||||
| 25 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 26 | (4)
The person issued a permit conditioned on the use | ||||||
| |||||||
| |||||||
| 1 | of an ignition interlock device must pay to the Secretary | ||||||
| 2 | of State DUI Administration Fund an amount
not to exceed | ||||||
| 3 | $30 per month. The Secretary shall establish by rule the | ||||||
| 4 | amount
and the procedures, terms, and conditions relating | ||||||
| 5 | to these fees. | ||||||
| 6 | (5)
If the restricted driving permit is issued for | ||||||
| 7 | employment purposes, then
the prohibition against | ||||||
| 8 | operating a motor vehicle that is not equipped with an | ||||||
| 9 | ignition interlock device does not apply to the operation | ||||||
| 10 | of an occupational vehicle
owned or leased by that person's | ||||||
| 11 | employer when used solely for employment purposes. | ||||||
| 12 | (6)
In each case the Secretary of State may issue a
| ||||||
| 13 | restricted driving permit for a period he deems | ||||||
| 14 | appropriate, except that the
permit shall expire within one | ||||||
| 15 | year from the date of issuance. The Secretary
may not, | ||||||
| 16 | however, issue a restricted driving permit to any person | ||||||
| 17 | whose current
revocation is the result of a second or | ||||||
| 18 | subsequent conviction for a violation
of Section 11-501 of | ||||||
| 19 | this Code or a similar provision of a local ordinance
or | ||||||
| 20 | any similar out-of-state offense, or Section 9-3 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of 2012, where | ||||||
| 22 | the use of alcohol or other drugs is recited as an element | ||||||
| 23 | of the offense, or any similar out-of-state offense, or any | ||||||
| 24 | combination of these offenses, until the expiration of at | ||||||
| 25 | least one year from the date of the
revocation. A | ||||||
| 26 | restricted
driving permit issued under this Section shall | ||||||
| |||||||
| |||||||
| 1 | be
subject to cancellation, revocation, and suspension by | ||||||
| 2 | the Secretary of
State in like manner and for like cause as | ||||||
| 3 | a driver's license issued
under this Code may be cancelled, | ||||||
| 4 | revoked, or
suspended; except that a conviction upon one or | ||||||
| 5 | more offenses against laws or
ordinances regulating the | ||||||
| 6 | movement of traffic shall be deemed sufficient cause
for | ||||||
| 7 | the revocation, suspension, or cancellation of a | ||||||
| 8 | restricted driving permit.
The Secretary of State may, as a | ||||||
| 9 | condition to the issuance of a restricted
driving permit, | ||||||
| 10 | require the petitioner to participate in a designated | ||||||
| 11 | driver
remedial or rehabilitative program. The Secretary | ||||||
| 12 | of State is authorized to
cancel a restricted driving | ||||||
| 13 | permit if the permit holder does not successfully
complete | ||||||
| 14 | the program. However, if an individual's driving | ||||||
| 15 | privileges have been
revoked in accordance with paragraph | ||||||
| 16 | 13 of subsection (a) of this Section, no
restricted driving | ||||||
| 17 | permit shall be issued until the individual has served 6
| ||||||
| 18 | months of the revocation period.
| ||||||
| 19 | (c-5) (Blank).
| ||||||
| 20 | (c-6) If a person is convicted of a second violation of | ||||||
| 21 | operating a motor vehicle while the person's driver's license, | ||||||
| 22 | permit or privilege was revoked, where the revocation was for a | ||||||
| 23 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012 relating to the offense of reckless | ||||||
| 25 | homicide or a similar out-of-state offense, the person's | ||||||
| 26 | driving privileges shall be revoked pursuant to subdivision | ||||||
| |||||||
| |||||||
| 1 | (a)(15) of this Section. The person may not make application | ||||||
| 2 | for a license or permit until the expiration of five years from | ||||||
| 3 | the effective date of the revocation or the expiration of five | ||||||
| 4 | years from the date of release from a term of imprisonment, | ||||||
| 5 | whichever is later. | ||||||
| 6 | (c-7) If a person is convicted of a third or subsequent | ||||||
| 7 | violation of operating a motor vehicle while the person's | ||||||
| 8 | driver's license, permit or privilege was revoked, where the | ||||||
| 9 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
| 10 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
| 11 | offense of reckless homicide or a similar out-of-state offense, | ||||||
| 12 | the person may never apply for a license or permit. | ||||||
| 13 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
| 14 | under Section
11-501 of this Code or a similar provision of a | ||||||
| 15 | local ordinance or a similar out-of-state offense, the
| ||||||
| 16 | Secretary of State shall revoke the driving privileges of that | ||||||
| 17 | person. One
year after the date of revocation, and upon | ||||||
| 18 | application, the Secretary of
State may, if satisfied that the | ||||||
| 19 | person applying will not endanger the
public safety or welfare, | ||||||
| 20 | issue a restricted driving permit granting the
privilege of | ||||||
| 21 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
| 22 | p.m. or as otherwise provided by this Section for a period of | ||||||
| 23 | one year.
After this one year period, and upon reapplication | ||||||
| 24 | for a license as
provided in Section 6-106, upon payment of the | ||||||
| 25 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
| 26 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
| |||||||
| |||||||
| 1 | reinstate the petitioner's driver's license and driving | ||||||
| 2 | privileges, or extend the restricted driving permit as many | ||||||
| 3 | times as the
Secretary of State deems appropriate, by | ||||||
| 4 | additional periods of not more than
12 months each.
| ||||||
| 5 | (2) If a person's license or permit is revoked or | ||||||
| 6 | suspended due to 2 or
more convictions of violating Section | ||||||
| 7 | 11-501 of this Code or a similar
provision of a local | ||||||
| 8 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 10 | where the use of alcohol or other drugs is recited as an | ||||||
| 11 | element of the offense, or a similar out-of-state offense, | ||||||
| 12 | or a combination of these offenses, arising out
of separate | ||||||
| 13 | occurrences, that person, if issued a restricted driving | ||||||
| 14 | permit,
may not operate a vehicle unless it has been | ||||||
| 15 | equipped with an ignition
interlock device as defined in | ||||||
| 16 | Section 1-129.1.
| ||||||
| 17 | (3) If a person's license or permit is revoked or | ||||||
| 18 | suspended 2 or more times
within a 10 year period due to | ||||||
| 19 | any combination of: | ||||||
| 20 | (A) a single conviction of violating Section | ||||||
| 21 | 11-501
of this
Code or a similar provision of a local | ||||||
| 22 | ordinance or a similar out-of-state
offense, or | ||||||
| 23 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 25 | other drugs is recited as an element of the offense, or | ||||||
| 26 | a similar out-of-state offense; or | ||||||
| |||||||
| |||||||
| 1 | (B)
a statutory summary suspension or revocation | ||||||
| 2 | under Section 11-501.1; or | ||||||
| 3 | (C) a suspension pursuant to Section 6-203.1; | ||||||
| 4 | arising out of separate occurrences, that person, if issued | ||||||
| 5 | a
restricted
driving permit, may not operate a vehicle | ||||||
| 6 | unless it has been equipped with an
ignition interlock | ||||||
| 7 | device as defined in Section 1-129.1. | ||||||
| 8 | (4)
The person issued a permit conditioned upon the use | ||||||
| 9 | of an interlock device must pay to the Secretary of State | ||||||
| 10 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
| 11 | month. The Secretary shall establish by rule the amount
and | ||||||
| 12 | the procedures, terms, and conditions relating to these | ||||||
| 13 | fees. | ||||||
| 14 | (5)
If the restricted driving permit is issued for | ||||||
| 15 | employment purposes, then
the prohibition against driving | ||||||
| 16 | a vehicle that is not equipped with an ignition interlock | ||||||
| 17 | device does not apply to the operation of an occupational | ||||||
| 18 | vehicle
owned or leased by that person's employer when used | ||||||
| 19 | solely for employment purposes. | ||||||
| 20 | (6) A
restricted driving permit issued under this | ||||||
| 21 | Section shall be subject to
cancellation, revocation, and | ||||||
| 22 | suspension by the Secretary of State in like
manner and for | ||||||
| 23 | like cause as a driver's license issued under this Code may | ||||||
| 24 | be
cancelled, revoked, or suspended; except that a | ||||||
| 25 | conviction upon one or more
offenses against laws or | ||||||
| 26 | ordinances regulating the movement of traffic
shall be | ||||||
| |||||||
| |||||||
| 1 | deemed sufficient cause for the revocation, suspension, or
| ||||||
| 2 | cancellation of a restricted driving permit.
| ||||||
| 3 | (d-5) The revocation of the license, permit, or driving | ||||||
| 4 | privileges of a person convicted of a third or subsequent | ||||||
| 5 | violation of Section 6-303 of this Code committed while his or | ||||||
| 6 | her driver's license, permit, or privilege was revoked because | ||||||
| 7 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 8 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
| 9 | homicide, or a similar provision of a law of another state, is | ||||||
| 10 | permanent. The Secretary may not, at any time, issue a license | ||||||
| 11 | or permit to that person.
| ||||||
| 12 | (e) This Section is subject to the provisions of the Driver | ||||||
| 13 | License
Compact.
| ||||||
| 14 | (f) Any revocation imposed upon any person under | ||||||
| 15 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
| 16 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
| 17 | period of time.
| ||||||
| 18 | (g) The Secretary of State shall not issue a restricted | ||||||
| 19 | driving permit to
a person under the age of 16 years whose | ||||||
| 20 | driving privileges have been revoked
under any provisions of | ||||||
| 21 | this Code.
| ||||||
| 22 | (h) The Secretary of State shall require the use of | ||||||
| 23 | ignition interlock
devices on all vehicles owned by a person | ||||||
| 24 | who has been convicted of a
second or subsequent offense under | ||||||
| 25 | Section 11-501 of this Code or a similar
provision of a local | ||||||
| 26 | ordinance. The person must pay to the Secretary of State DUI | ||||||
| |||||||
| |||||||
| 1 | Administration Fund an amount not to exceed $30 for each month | ||||||
| 2 | that he or she uses the device. The Secretary shall establish | ||||||
| 3 | by rule and
regulation the procedures for certification and use | ||||||
| 4 | of the interlock
system, the amount of the fee, and the | ||||||
| 5 | procedures, terms, and conditions relating to these fees.
| ||||||
| 6 | (i) (Blank).
| ||||||
| 7 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 8 | State may not issue a restricted driving permit for the | ||||||
| 9 | operation of a commercial motor vehicle to a person holding a | ||||||
| 10 | CDL whose driving privileges have been revoked, suspended, | ||||||
| 11 | cancelled, or disqualified under any provisions of this Code.
| ||||||
| 12 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
| 13 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
| 14 | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||||||
| 15 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 16 | (625 ILCS 5/6-206)
| ||||||
| 17 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 18 | license or
permit; Right to a hearing.
| ||||||
| 19 | (a) The Secretary of State is authorized to suspend or | ||||||
| 20 | revoke the
driving privileges of any person without preliminary | ||||||
| 21 | hearing upon a showing
of the person's records or other | ||||||
| 22 | sufficient evidence that
the person:
| ||||||
| 23 | 1. Has committed an offense for which mandatory | ||||||
| 24 | revocation of
a driver's license or permit is required upon | ||||||
| 25 | conviction;
| ||||||
| |||||||
| |||||||
| 1 | 2. Has been convicted of not less than 3 offenses | ||||||
| 2 | against traffic
regulations governing the movement of | ||||||
| 3 | vehicles committed within any 12
month period. No | ||||||
| 4 | revocation or suspension shall be entered more than
6 | ||||||
| 5 | months after the date of last conviction;
| ||||||
| 6 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 7 | vehicle
collisions or has been repeatedly convicted of | ||||||
| 8 | offenses against laws and
ordinances regulating the | ||||||
| 9 | movement of traffic, to a degree that
indicates lack of | ||||||
| 10 | ability to exercise ordinary and reasonable care in
the | ||||||
| 11 | safe operation of a motor vehicle or disrespect for the | ||||||
| 12 | traffic laws
and the safety of other persons upon the | ||||||
| 13 | highway;
| ||||||
| 14 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 15 | caused or
contributed to an accident resulting in injury | ||||||
| 16 | requiring
immediate professional treatment in a medical | ||||||
| 17 | facility or doctor's office
to any person, except that any | ||||||
| 18 | suspension or revocation imposed by the
Secretary of State | ||||||
| 19 | under the provisions of this subsection shall start no
| ||||||
| 20 | later than 6 months after being convicted of violating a | ||||||
| 21 | law or
ordinance regulating the movement of traffic, which | ||||||
| 22 | violation is related
to the accident, or shall start not | ||||||
| 23 | more than one year
after
the date of the accident, | ||||||
| 24 | whichever date occurs later;
| ||||||
| 25 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 26 | driver's
license, identification card, or permit;
| ||||||
| |||||||
| |||||||
| 1 | 6. Has been lawfully convicted of an offense or | ||||||
| 2 | offenses in another
state, including the authorization | ||||||
| 3 | contained in Section 6-203.1, which
if committed within | ||||||
| 4 | this State would be grounds for suspension or revocation;
| ||||||
| 5 | 7. Has refused or failed to submit to an examination | ||||||
| 6 | provided for by
Section 6-207 or has failed to pass the | ||||||
| 7 | examination;
| ||||||
| 8 | 8. Is ineligible for a driver's license or permit under | ||||||
| 9 | the provisions
of Section 6-103;
| ||||||
| 10 | 9. Has made a false statement or knowingly concealed a | ||||||
| 11 | material fact
or has used false information or | ||||||
| 12 | identification in any application for a
license, | ||||||
| 13 | identification card, or permit;
| ||||||
| 14 | 10. Has possessed, displayed, or attempted to | ||||||
| 15 | fraudulently use any
license, identification card, or | ||||||
| 16 | permit not issued to the person;
| ||||||
| 17 | 11. Has operated a motor vehicle upon a highway of this | ||||||
| 18 | State when
the person's driving privilege or privilege to | ||||||
| 19 | obtain a driver's license
or permit was revoked or | ||||||
| 20 | suspended unless the operation was authorized by
a | ||||||
| 21 | monitoring device driving permit, judicial driving permit | ||||||
| 22 | issued prior to January 1, 2009, probationary license to | ||||||
| 23 | drive, or a restricted
driving permit issued under this | ||||||
| 24 | Code;
| ||||||
| 25 | 12. Has submitted to any portion of the application | ||||||
| 26 | process for
another person or has obtained the services of | ||||||
| |||||||
| |||||||
| 1 | another person to submit to
any portion of the application | ||||||
| 2 | process for the purpose of obtaining a
license, | ||||||
| 3 | identification card, or permit for some other person;
| ||||||
| 4 | 13. Has operated a motor vehicle upon a highway of this | ||||||
| 5 | State when
the person's driver's license or permit was | ||||||
| 6 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
| 7 | 14. Has committed a violation of Section 6-301, | ||||||
| 8 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
| 9 | of the Illinois Identification Card
Act;
| ||||||
| 10 | 15. Has been convicted of violating Section 21-2 of the | ||||||
| 11 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
| 12 | to criminal trespass to vehicles in which case, the | ||||||
| 13 | suspension
shall be for one year;
| ||||||
| 14 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 15 | this Code relating
to fleeing from a peace officer;
| ||||||
| 16 | 17. Has refused to submit to a test, or tests, as | ||||||
| 17 | required under Section
11-501.1 of this Code and the person | ||||||
| 18 | has not sought a hearing as
provided for in Section | ||||||
| 19 | 11-501.1;
| ||||||
| 20 | 18. Has, since issuance of a driver's license or | ||||||
| 21 | permit, been adjudged
to be afflicted with or suffering | ||||||
| 22 | from any mental disability or disease;
| ||||||
| 23 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 24 | of Section 6-101
relating to driving without a driver's | ||||||
| 25 | license;
| ||||||
| 26 | 20. Has been convicted of violating Section 6-104 | ||||||
| |||||||
| |||||||
| 1 | relating to
classification of driver's license;
| ||||||
| 2 | 21. Has been convicted of violating Section 11-402 of
| ||||||
| 3 | this Code relating to leaving the scene of an accident | ||||||
| 4 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
| 5 | which case the suspension shall be
for one year;
| ||||||
| 6 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 7 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
| 8 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 9 | relating
to unlawful use of weapons, in which case the | ||||||
| 10 | suspension shall be for one
year;
| ||||||
| 11 | 23. Has, as a driver, been convicted of committing a | ||||||
| 12 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
| 13 | for a second or subsequent
time within one year of a | ||||||
| 14 | similar violation;
| ||||||
| 15 | 24. Has been convicted by a court-martial or punished | ||||||
| 16 | by non-judicial
punishment by military authorities of the | ||||||
| 17 | United States at a military
installation in Illinois or in | ||||||
| 18 | another state of or for a traffic related offense that is | ||||||
| 19 | the
same as or similar to an offense specified under | ||||||
| 20 | Section 6-205 or 6-206 of
this Code;
| ||||||
| 21 | 25. Has permitted any form of identification to be used | ||||||
| 22 | by another in
the application process in order to obtain or | ||||||
| 23 | attempt to obtain a license,
identification card, or | ||||||
| 24 | permit;
| ||||||
| 25 | 26. Has altered or attempted to alter a license or has | ||||||
| 26 | possessed an
altered license, identification card, or | ||||||
| |||||||
| |||||||
| 1 | permit;
| ||||||
| 2 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
| 3 | of 1934;
| ||||||
| 4 | 28. Has been convicted for a first time of the illegal | ||||||
| 5 | possession, while operating or
in actual physical control, | ||||||
| 6 | as a driver, of a motor vehicle, of any
controlled | ||||||
| 7 | substance prohibited under the Illinois Controlled | ||||||
| 8 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
| 9 | Control
Act, or any methamphetamine prohibited under the | ||||||
| 10 | Methamphetamine Control and Community Protection Act, in | ||||||
| 11 | which case the person's driving privileges shall be | ||||||
| 12 | suspended for
one year.
Any defendant found guilty of this | ||||||
| 13 | offense while operating a motor vehicle,
shall have an | ||||||
| 14 | entry made in the court record by the presiding judge that
| ||||||
| 15 | this offense did occur while the defendant was operating a | ||||||
| 16 | motor vehicle
and order the clerk of the court to report | ||||||
| 17 | the violation to the Secretary
of State;
| ||||||
| 18 | 29. Has been convicted of the following offenses that | ||||||
| 19 | were committed
while the person was operating or in actual | ||||||
| 20 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
| 21 | sexual assault,
predatory criminal sexual assault of a | ||||||
| 22 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
| 23 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
| 24 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
| 25 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
| 26 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
| |||||||
| |||||||
| 1 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
| 2 | delivery of controlled substances or instruments used for | ||||||
| 3 | illegal drug use
or abuse in which case the driver's | ||||||
| 4 | driving privileges shall be suspended
for one year;
| ||||||
| 5 | 30. Has been convicted a second or subsequent time for | ||||||
| 6 | any
combination of the offenses named in paragraph 29 of | ||||||
| 7 | this subsection,
in which case the person's driving | ||||||
| 8 | privileges shall be suspended for 5
years;
| ||||||
| 9 | 31. Has refused to submit to a test as
required by | ||||||
| 10 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 11 | Registration and Safety Act or has submitted to a test | ||||||
| 12 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
| 13 | any amount of a drug, substance, or
compound resulting from | ||||||
| 14 | the unlawful use or consumption of cannabis as listed
in | ||||||
| 15 | the Cannabis Control Act, a controlled substance as listed | ||||||
| 16 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
| 17 | compound as listed in the Use of
Intoxicating Compounds | ||||||
| 18 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
| 19 | Control and Community Protection Act, in which case the | ||||||
| 20 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
| 21 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 22 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
| 23 | to the aggravated discharge of a firearm if the offender | ||||||
| 24 | was
located in a motor vehicle at the time the firearm was | ||||||
| 25 | discharged, in which
case the suspension shall be for 3 | ||||||
| 26 | years;
| ||||||
| |||||||
| |||||||
| 1 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 2 | on the date of
the offense, been convicted a first time of | ||||||
| 3 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
| 4 | or a similar provision of a local ordinance;
| ||||||
| 5 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 6 | this Code or a similar provision of a local ordinance;
| ||||||
| 7 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 8 | this Code or a similar provision of a local ordinance;
| ||||||
| 9 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 10 | and has been
convicted of not less than 2 offenses against | ||||||
| 11 | traffic regulations governing
the movement of vehicles | ||||||
| 12 | committed within any 24 month period. No revocation
or | ||||||
| 13 | suspension shall be entered more than 6 months after the | ||||||
| 14 | date of last
conviction;
| ||||||
| 15 | 37. Has committed a violation of subsection (c) of | ||||||
| 16 | Section 11-907 of this
Code that resulted in damage to the | ||||||
| 17 | property of another or the death or injury of another;
| ||||||
| 18 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 19 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 20 | a local ordinance;
| ||||||
| 21 | 39. Has committed a second or subsequent violation of | ||||||
| 22 | Section
11-1201 of this Code;
| ||||||
| 23 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 24 | Section 11-908 of
this Code; | ||||||
| 25 | 41. Has committed a second or subsequent violation of | ||||||
| 26 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| |||||||
| |||||||
| 1 | local ordinance, or a similar violation in any other state | ||||||
| 2 | within 2 years of the date of the previous violation, in | ||||||
| 3 | which case the suspension shall be for 90 days; | ||||||
| 4 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 5 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 6 | local ordinance;
| ||||||
| 7 | 43. Has received a disposition of court supervision for | ||||||
| 8 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
| 9 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 10 | a local ordinance, in which case the suspension shall be | ||||||
| 11 | for a period of 3 months;
| ||||||
| 12 | 44.
Is under the age of 21 years at the time of arrest | ||||||
| 13 | and has been convicted of an offense against traffic | ||||||
| 14 | regulations governing the movement of vehicles after | ||||||
| 15 | having previously had his or her driving privileges
| ||||||
| 16 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 17 | Section; | ||||||
| 18 | 45.
Has, in connection with or during the course of a | ||||||
| 19 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 20 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 21 | falsified documents; (iii) submitted documents that have | ||||||
| 22 | been materially altered; or (iv) submitted, as his or her | ||||||
| 23 | own, documents that were in fact prepared or composed for | ||||||
| 24 | another person; | ||||||
| 25 | 46. Has committed a violation of subsection (j) of | ||||||
| 26 | Section 3-413 of this Code; or
| ||||||
| |||||||
| |||||||
| 1 | 47. Has committed a violation of Section 11-502.1 of | ||||||
| 2 | this Code. | ||||||
| 3 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 4 | and 27 of this
subsection, license means any driver's license, | ||||||
| 5 | any traffic ticket issued when
the person's driver's license is | ||||||
| 6 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
| 7 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
| 8 | a probationary driver's license or a temporary driver's | ||||||
| 9 | license. | ||||||
| 10 | (b) If any conviction forming the basis of a suspension or
| ||||||
| 11 | revocation authorized under this Section is appealed, the
| ||||||
| 12 | Secretary of State may rescind or withhold the entry of the | ||||||
| 13 | order of suspension
or revocation, as the case may be, provided | ||||||
| 14 | that a certified copy of a stay
order of a court is filed with | ||||||
| 15 | the Secretary of State. If the conviction is
affirmed on | ||||||
| 16 | appeal, the date of the conviction shall relate back to the | ||||||
| 17 | time
the original judgment of conviction was entered and the 6 | ||||||
| 18 | month limitation
prescribed shall not apply.
| ||||||
| 19 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 20 | permit of
any person as authorized in this Section, the | ||||||
| 21 | Secretary of State shall
immediately notify the person in | ||||||
| 22 | writing of the revocation or suspension.
The notice to be | ||||||
| 23 | deposited in the United States mail, postage prepaid,
to the | ||||||
| 24 | last known address of the person.
| ||||||
| 25 | 2. If the Secretary of State suspends the driver's license
| ||||||
| 26 | of a person under subsection 2 of paragraph (a) of this | ||||||
| |||||||
| |||||||
| 1 | Section, a
person's privilege to operate a vehicle as an | ||||||
| 2 | occupation shall not be
suspended, provided an affidavit is | ||||||
| 3 | properly completed, the appropriate fee
received, and a permit | ||||||
| 4 | issued prior to the effective date of the
suspension, unless 5 | ||||||
| 5 | offenses were committed, at least 2 of which occurred
while | ||||||
| 6 | operating a commercial vehicle in connection with the driver's
| ||||||
| 7 | regular occupation. All other driving privileges shall be | ||||||
| 8 | suspended by the
Secretary of State. Any driver prior to | ||||||
| 9 | operating a vehicle for
occupational purposes only must submit | ||||||
| 10 | the affidavit on forms to be
provided by the Secretary of State | ||||||
| 11 | setting forth the facts of the person's
occupation. The | ||||||
| 12 | affidavit shall also state the number of offenses
committed | ||||||
| 13 | while operating a vehicle in connection with the driver's | ||||||
| 14 | regular
occupation. The affidavit shall be accompanied by the | ||||||
| 15 | driver's license.
Upon receipt of a properly completed | ||||||
| 16 | affidavit, the Secretary of State
shall issue the driver a | ||||||
| 17 | permit to operate a vehicle in connection with the
driver's | ||||||
| 18 | regular occupation only. Unless the permit is issued by the
| ||||||
| 19 | Secretary of State prior to the date of suspension, the | ||||||
| 20 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
| 21 | forth in the notice that was
mailed under this Section. If an | ||||||
| 22 | affidavit is received subsequent to the
effective date of this | ||||||
| 23 | suspension, a permit may be issued for the remainder
of the | ||||||
| 24 | suspension period.
| ||||||
| 25 | The provisions of this subparagraph shall not apply to any | ||||||
| 26 | driver
required to possess a CDL for the purpose of operating a | ||||||
| |||||||
| |||||||
| 1 | commercial motor vehicle.
| ||||||
| 2 | Any person who falsely states any fact in the affidavit | ||||||
| 3 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
| 4 | and upon conviction
thereof shall have all driving privileges | ||||||
| 5 | revoked without further rights.
| ||||||
| 6 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 7 | this Code,
the Secretary of State shall either rescind or | ||||||
| 8 | continue an order of
revocation or shall substitute an order of | ||||||
| 9 | suspension; or, good
cause appearing therefor, rescind, | ||||||
| 10 | continue, change, or extend the
order of suspension. If the | ||||||
| 11 | Secretary of State does not rescind the order,
the Secretary | ||||||
| 12 | may upon application,
to relieve undue hardship (as defined by | ||||||
| 13 | the rules of the Secretary of State), issue
a restricted | ||||||
| 14 | driving permit granting the privilege of driving a motor
| ||||||
| 15 | vehicle between the petitioner's residence and petitioner's | ||||||
| 16 | place of
employment or within the scope of the petitioner's | ||||||
| 17 | employment related duties, or to
allow the petitioner to | ||||||
| 18 | transport himself or herself, or a family member of the
| ||||||
| 19 | petitioner's household to a medical facility, to receive | ||||||
| 20 | necessary medical care, to allow the petitioner to transport | ||||||
| 21 | himself or herself to and from alcohol or drug
remedial or | ||||||
| 22 | rehabilitative activity recommended by a licensed service | ||||||
| 23 | provider, or to allow the petitioner to transport himself or | ||||||
| 24 | herself or a family member of the petitioner's household to | ||||||
| 25 | classes, as a student, at an accredited educational | ||||||
| 26 | institution, or to allow the petitioner to transport children, | ||||||
| |||||||
| |||||||
| 1 | elderly persons, or persons with disabilities disabled persons | ||||||
| 2 | who do not hold driving privileges and are living in the | ||||||
| 3 | petitioner's household to and from daycare. The
petitioner must | ||||||
| 4 | demonstrate that no alternative means of
transportation is | ||||||
| 5 | reasonably available and that the petitioner will not endanger
| ||||||
| 6 | the public safety or welfare. Those multiple offenders | ||||||
| 7 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
| 8 | however, shall not be eligible for the issuance of a restricted | ||||||
| 9 | driving permit.
| ||||||
| 10 | (A) If a person's license or permit is revoked or | ||||||
| 11 | suspended due to 2
or more convictions of violating Section | ||||||
| 12 | 11-501 of this Code or a similar
provision of a local | ||||||
| 13 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 14 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 15 | where the use of alcohol or other drugs is recited as an | ||||||
| 16 | element of the offense, or a similar out-of-state offense, | ||||||
| 17 | or a combination of these offenses, arising out
of separate | ||||||
| 18 | occurrences, that person, if issued a restricted driving | ||||||
| 19 | permit,
may not operate a vehicle unless it has been | ||||||
| 20 | equipped with an ignition
interlock device as defined in | ||||||
| 21 | Section 1-129.1.
| ||||||
| 22 | (B) If a person's license or permit is revoked or | ||||||
| 23 | suspended 2 or more
times within a 10 year period due to | ||||||
| 24 | any combination of: | ||||||
| 25 | (i) a single conviction of violating Section
| ||||||
| 26 | 11-501 of this Code or a similar provision of a local | ||||||
| |||||||
| |||||||
| 1 | ordinance or a similar
out-of-state offense or Section | ||||||
| 2 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 3 | of 2012, where the use of alcohol or other drugs is | ||||||
| 4 | recited as an element of the offense, or a similar | ||||||
| 5 | out-of-state offense; or | ||||||
| 6 | (ii) a statutory summary suspension or revocation | ||||||
| 7 | under Section
11-501.1; or | ||||||
| 8 | (iii) a suspension under Section 6-203.1; | ||||||
| 9 | arising out of
separate occurrences; that person, if issued | ||||||
| 10 | a restricted driving permit, may
not operate a vehicle | ||||||
| 11 | unless it has been
equipped with an ignition interlock | ||||||
| 12 | device as defined in Section 1-129.1. | ||||||
| 13 | (C)
The person issued a permit conditioned upon the use | ||||||
| 14 | of an ignition interlock device must pay to the Secretary | ||||||
| 15 | of State DUI Administration Fund an amount
not to exceed | ||||||
| 16 | $30 per month. The Secretary shall establish by rule the | ||||||
| 17 | amount
and the procedures, terms, and conditions relating | ||||||
| 18 | to these fees. | ||||||
| 19 | (D) If the
restricted driving permit is issued for | ||||||
| 20 | employment purposes, then the prohibition against | ||||||
| 21 | operating a motor vehicle that is not equipped with an | ||||||
| 22 | ignition interlock device does not apply to the operation | ||||||
| 23 | of an occupational vehicle owned or
leased by that person's | ||||||
| 24 | employer when used solely for employment purposes. | ||||||
| 25 | (E) In each case the Secretary may issue a
restricted | ||||||
| 26 | driving permit for a period deemed appropriate, except that | ||||||
| |||||||
| |||||||
| 1 | all
permits shall expire within one year from the date of | ||||||
| 2 | issuance. The Secretary
may not, however, issue a | ||||||
| 3 | restricted driving permit to any person whose current
| ||||||
| 4 | revocation is the result of a second or subsequent | ||||||
| 5 | conviction for a violation
of Section 11-501 of this Code | ||||||
| 6 | or a similar provision of a local ordinance
or any similar | ||||||
| 7 | out-of-state offense, or Section 9-3 of the Criminal Code | ||||||
| 8 | of 1961 or the Criminal Code of 2012, where the use of | ||||||
| 9 | alcohol or other drugs is recited as an element of the | ||||||
| 10 | offense, or any similar out-of-state offense, or any | ||||||
| 11 | combination
of those offenses, until the expiration of at | ||||||
| 12 | least one year from the date of
the revocation. A
| ||||||
| 13 | restricted driving permit issued under this Section shall | ||||||
| 14 | be subject to
cancellation, revocation, and suspension by | ||||||
| 15 | the Secretary of State in like
manner and for like cause as | ||||||
| 16 | a driver's license issued under this Code may be
cancelled, | ||||||
| 17 | revoked, or suspended; except that a conviction upon one or | ||||||
| 18 | more
offenses against laws or ordinances regulating the | ||||||
| 19 | movement of traffic
shall be deemed sufficient cause for | ||||||
| 20 | the revocation, suspension, or
cancellation of a | ||||||
| 21 | restricted driving permit. The Secretary of State may, as
a | ||||||
| 22 | condition to the issuance of a restricted driving permit, | ||||||
| 23 | require the
applicant to participate in a designated driver | ||||||
| 24 | remedial or rehabilitative
program. The Secretary of State | ||||||
| 25 | is authorized to cancel a restricted
driving permit if the | ||||||
| 26 | permit holder does not successfully complete the program.
| ||||||
| |||||||
| |||||||
| 1 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 2 | subsection (a), reports received by the Secretary of State | ||||||
| 3 | under this Section shall, except during the actual time the | ||||||
| 4 | suspension is in effect, be privileged information and for use | ||||||
| 5 | only by the courts, police officers, prosecuting authorities, | ||||||
| 6 | the driver licensing administrator of any other state, the | ||||||
| 7 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 8 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 9 | person is a CDL holder, the suspension shall also be made | ||||||
| 10 | available to the driver licensing administrator of any other | ||||||
| 11 | state, the U.S. Department of Transportation, and the affected | ||||||
| 12 | driver or motor
carrier or prospective motor carrier upon | ||||||
| 13 | request.
| ||||||
| 14 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 15 | subsection (a), the Secretary of State shall notify the person | ||||||
| 16 | by mail that his or her driving privileges and driver's license | ||||||
| 17 | will be suspended one month after the date of the mailing of | ||||||
| 18 | the notice.
| ||||||
| 19 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 20 | reissuance of a
driver's license or permit to an applicant | ||||||
| 21 | whose driver's license or permit has
been suspended before he | ||||||
| 22 | or she reached the age of 21 years pursuant to any of
the | ||||||
| 23 | provisions of this Section, require the applicant to | ||||||
| 24 | participate in a
driver remedial education course and be | ||||||
| 25 | retested under Section 6-109 of this
Code.
| ||||||
| 26 | (d) This Section is subject to the provisions of the | ||||||
| |||||||
| |||||||
| 1 | Drivers License
Compact.
| ||||||
| 2 | (e) The Secretary of State shall not issue a restricted | ||||||
| 3 | driving permit to
a person under the age of 16 years whose | ||||||
| 4 | driving privileges have been suspended
or revoked under any | ||||||
| 5 | provisions of this Code.
| ||||||
| 6 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 7 | State may not issue a restricted driving permit for the | ||||||
| 8 | operation of a commercial motor vehicle to a person holding a | ||||||
| 9 | CDL whose driving privileges have been suspended, revoked, | ||||||
| 10 | cancelled, or disqualified under any provisions of this Code. | ||||||
| 11 | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | ||||||
| 12 | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||||||
| 13 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||||||
| 14 | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. | ||||||
| 15 | 7-16-14.)
| ||||||
| 16 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||||||
| 17 | Sec. 11-208. Powers of local authorities.
| ||||||
| 18 | (a) The provisions of this Code shall not be deemed to | ||||||
| 19 | prevent
local authorities with respect to streets and highways | ||||||
| 20 | under their
jurisdiction and within the reasonable exercise of | ||||||
| 21 | the police power from:
| ||||||
| 22 | 1. Regulating the standing or parking of vehicles, | ||||||
| 23 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
| 24 | Act;
| ||||||
| 25 | 2. Regulating traffic by means of police officers or | ||||||
| |||||||
| |||||||
| 1 | traffic control
signals;
| ||||||
| 2 | 3. Regulating or prohibiting processions or | ||||||
| 3 | assemblages on the highways; and certifying persons to | ||||||
| 4 | control traffic for processions or assemblages;
| ||||||
| 5 | 4. Designating particular highways as one-way highways | ||||||
| 6 | and requiring that
all vehicles thereon be moved in one | ||||||
| 7 | specific direction;
| ||||||
| 8 | 5. Regulating the speed of vehicles in public parks | ||||||
| 9 | subject to the
limitations set forth in Section 11-604;
| ||||||
| 10 | 6. Designating any highway as a through highway, as | ||||||
| 11 | authorized in Section
11-302, and requiring that all | ||||||
| 12 | vehicles stop before entering or crossing
the same or | ||||||
| 13 | designating any intersection as a stop intersection or a | ||||||
| 14 | yield
right-of-way intersection and requiring all vehicles | ||||||
| 15 | to stop or yield the
right-of-way at one or more entrances | ||||||
| 16 | to such intersections;
| ||||||
| 17 | 7. Restricting the use of highways as authorized in | ||||||
| 18 | Chapter 15;
| ||||||
| 19 | 8. Regulating the operation of bicycles and requiring | ||||||
| 20 | the
registration and licensing of same, including the | ||||||
| 21 | requirement of a
registration fee;
| ||||||
| 22 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
| 23 | specified
types of vehicles at intersections;
| ||||||
| 24 | 10. Altering the speed limits as authorized in Section | ||||||
| 25 | 11-604;
| ||||||
| 26 | 11. Prohibiting U-turns;
| ||||||
| |||||||
| |||||||
| 1 | 12. Prohibiting pedestrian crossings at other than | ||||||
| 2 | designated and marked
crosswalks or at intersections;
| ||||||
| 3 | 13. Prohibiting parking during snow removal operation;
| ||||||
| 4 | 14. Imposing fines in accordance with Section | ||||||
| 5 | 11-1301.3 as penalties
for use of any parking place | ||||||
| 6 | reserved for persons with disabilities, as defined
by | ||||||
| 7 | Section 1-159.1, or veterans with disabilities disabled | ||||||
| 8 | veterans by any person using a motor
vehicle not bearing | ||||||
| 9 | registration plates specified in Section 11-1301.1
or a | ||||||
| 10 | special decal or device as defined in Section 11-1301.2
as | ||||||
| 11 | evidence that the vehicle is operated by or for a person
| ||||||
| 12 | with disabilities or a veteran with a disability disabled | ||||||
| 13 | veteran;
| ||||||
| 14 | 15. Adopting such other traffic regulations as are | ||||||
| 15 | specifically
authorized by this Code; or
| ||||||
| 16 | 16. Enforcing the provisions of subsection (f) of | ||||||
| 17 | Section 3-413 of this
Code or a similar local ordinance.
| ||||||
| 18 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
| 19 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
| 20 | until signs giving
reasonable notice of such local traffic | ||||||
| 21 | regulations are posted.
| ||||||
| 22 | (c) The provisions of this Code shall not prevent any
| ||||||
| 23 | municipality having a population of 500,000 or more inhabitants | ||||||
| 24 | from
prohibiting any person from driving or operating any motor | ||||||
| 25 | vehicle upon
the roadways of such municipality with headlamps | ||||||
| 26 | on high beam or bright.
| ||||||
| |||||||
| |||||||
| 1 | (d) The provisions of this Code shall not be deemed to | ||||||
| 2 | prevent local
authorities within the reasonable exercise of | ||||||
| 3 | their police power from
prohibiting, on private property, the | ||||||
| 4 | unauthorized use of parking spaces
reserved for persons with | ||||||
| 5 | disabilities.
| ||||||
| 6 | (e) No unit of local government, including a home rule | ||||||
| 7 | unit, may enact or
enforce an ordinance that applies only to | ||||||
| 8 | motorcycles if the principal purpose
for that ordinance is to | ||||||
| 9 | restrict the access of motorcycles to any highway or
portion of | ||||||
| 10 | a highway for which federal or State funds have been used for | ||||||
| 11 | the
planning, design, construction, or maintenance of that | ||||||
| 12 | highway. No unit of
local government, including a home rule | ||||||
| 13 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
| 14 | protective headgear. Nothing in this subsection
(e) shall | ||||||
| 15 | affect the authority of a unit of local government to regulate
| ||||||
| 16 | motorcycles for traffic control purposes or in accordance with | ||||||
| 17 | Section 12-602
of this Code. No unit of local government, | ||||||
| 18 | including a home rule unit, may
regulate motorcycles in a | ||||||
| 19 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
| 20 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 21 | the
Illinois Constitution on the concurrent exercise by home | ||||||
| 22 | rule units of powers
and functions exercised by the State.
| ||||||
| 23 | (f) A municipality or county designated in Section 11-208.6 | ||||||
| 24 | may enact an ordinance providing for an
automated traffic law | ||||||
| 25 | enforcement system to enforce violations of this Code or
a | ||||||
| 26 | similar provision of a local ordinance and imposing liability | ||||||
| |||||||
| |||||||
| 1 | on a registered owner or lessee of a vehicle used in such a | ||||||
| 2 | violation.
| ||||||
| 3 | (g) A municipality or county, as provided in Section | ||||||
| 4 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
| 5 | traffic law enforcement system to enforce violations of Section | ||||||
| 6 | 11-1201 of this Code or a similar provision of a local | ||||||
| 7 | ordinance and imposing liability on a registered owner of a | ||||||
| 8 | vehicle used in such a violation.
| ||||||
| 9 | (h) A municipality designated in Section 11-208.8 may enact | ||||||
| 10 | an ordinance providing for an
automated speed enforcement | ||||||
| 11 | system to enforce violations of Article VI of Chapter 11 of | ||||||
| 12 | this Code or a similar provision of a local ordinance. | ||||||
| 13 | (i) A municipality or county designated in Section 11-208.9 | ||||||
| 14 | may enact an ordinance providing for an
automated traffic law | ||||||
| 15 | enforcement system to enforce violations of Section 11-1414 of | ||||||
| 16 | this Code or
a similar provision of a local ordinance and | ||||||
| 17 | imposing liability on a registered owner or lessee of a vehicle | ||||||
| 18 | used in such a violation. | ||||||
| 19 | (Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396, | ||||||
| 20 | eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
| 21 | (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
| ||||||
| 22 | Sec. 11-209. Powers of municipalities and counties - | ||||||
| 23 | Contract with
school boards, hospitals, churches, condominium | ||||||
| 24 | complex unit owners'
associations, and commercial and | ||||||
| 25 | industrial facility, shopping center,
and apartment complex | ||||||
| |||||||
| |||||||
| 1 | owners for regulation of traffic. | ||||||
| 2 | (a) The corporate authorities of any municipality or the | ||||||
| 3 | county
board of any county, and a school board, hospital, | ||||||
| 4 | church, condominium
complex unit owners' association, or owner | ||||||
| 5 | of any
commercial and industrial facility,
shopping center, or | ||||||
| 6 | apartment complex which controls a parking area
located within | ||||||
| 7 | the limits of the municipality, or outside the limits of
the | ||||||
| 8 | municipality and within the boundaries of the county, may, by
| ||||||
| 9 | contract, empower the municipality or county to regulate the | ||||||
| 10 | parking of
automobiles and the traffic at such parking area. | ||||||
| 11 | Such contract shall
empower the municipality or county to | ||||||
| 12 | accomplish all or any part of the
following:
| ||||||
| 13 | 1. The erection of stop signs, flashing signals, person | ||||||
| 14 | with
disabilities parking area signs or yield signs at
| ||||||
| 15 | specified locations in a parking area and the adoption of | ||||||
| 16 | appropriate
regulations thereto pertaining, or the | ||||||
| 17 | designation of any intersection
in the parking area as a | ||||||
| 18 | stop intersection or as a yield intersection
and the | ||||||
| 19 | ordering of like signs or signals at one or more entrances | ||||||
| 20 | to
such intersection, subject to the provisions of this | ||||||
| 21 | Chapter.
| ||||||
| 22 | 2. The prohibition or regulation of the turning of | ||||||
| 23 | vehicles or
specified types of vehicles at intersections or | ||||||
| 24 | other designated
locations in the parking area.
| ||||||
| 25 | 3. The regulation of a crossing of any roadway in the | ||||||
| 26 | parking area
by pedestrians.
| ||||||
| |||||||
| |||||||
| 1 | 4. The designation of any separate roadway in the | ||||||
| 2 | parking area for
one-way traffic.
| ||||||
| 3 | 5. The establishment and regulation of loading zones.
| ||||||
| 4 | 6. The prohibition, regulation, restriction or | ||||||
| 5 | limitation of the
stopping, standing or parking of vehicles | ||||||
| 6 | in specified areas of the
parking area.
| ||||||
| 7 | 7. The designation of safety zones in the parking area | ||||||
| 8 | and fire lanes.
| ||||||
| 9 | 8. Providing for the removal and storage of vehicles | ||||||
| 10 | parked or
abandoned in the parking area during snowstorms, | ||||||
| 11 | floods, fires, or other
public emergencies, or found | ||||||
| 12 | unattended in the parking area, (a) where
they constitute | ||||||
| 13 | an obstruction to traffic, or (b) where stopping,
standing | ||||||
| 14 | or parking is prohibited, and for the payment of reasonable
| ||||||
| 15 | charges for such removal and storage by the owner or | ||||||
| 16 | operator of any
such vehicle.
| ||||||
| 17 | 9. Providing that the cost of planning, installation, | ||||||
| 18 | maintenance
and enforcement of parking and traffic | ||||||
| 19 | regulations pursuant to any
contract entered into under the | ||||||
| 20 | authority of this paragraph (a) of this
Section be borne by | ||||||
| 21 | the municipality or county, or by the school board,
| ||||||
| 22 | hospital, church, property owner, apartment complex owner,
| ||||||
| 23 | or condominium complex unit owners' association,
or that a
| ||||||
| 24 | percentage of the cost be shared by the parties to the | ||||||
| 25 | contract.
| ||||||
| 26 | 10. Causing the installation of parking meters on the | ||||||
| |||||||
| |||||||
| 1 | parking area
and establishing whether the expense of | ||||||
| 2 | installing said parking meters
and maintenance thereof | ||||||
| 3 | shall be that of the municipality or county, or
that of the | ||||||
| 4 | school board, hospital, church, condominium complex unit | ||||||
| 5 | owners'
association, shopping center or
apartment complex | ||||||
| 6 | owner.
All moneys obtained from such parking meters as may | ||||||
| 7 | be
installed on any parking area shall belong to the | ||||||
| 8 | municipality or county.
| ||||||
| 9 | 11. Causing the installation of parking signs in | ||||||
| 10 | accordance with
Section 11-301 in areas of the parking lots | ||||||
| 11 | covered by this Section and
where desired by the person | ||||||
| 12 | contracting with the appropriate authority
listed in | ||||||
| 13 | paragraph (a) of this Section, indicating that such parking
| ||||||
| 14 | spaces are reserved for persons with disabilities.
| ||||||
| 15 | 12. Contracting for such additional reasonable rules | ||||||
| 16 | and regulations
with respect to traffic and parking in a | ||||||
| 17 | parking area as local
conditions may require for the safety | ||||||
| 18 | and convenience of the public or
of the users of the | ||||||
| 19 | parking area.
| ||||||
| 20 | (b) No contract entered into pursuant to this Section shall | ||||||
| 21 | exceed a
period of 20 years. No lessee of a shopping center or | ||||||
| 22 | apartment complex
shall enter into such a contract for a longer | ||||||
| 23 | period of time than the
length of his lease.
| ||||||
| 24 | (c) Any contract entered into pursuant to this Section | ||||||
| 25 | shall be
recorded in the office of the recorder in the county | ||||||
| 26 | in which
the parking area is located, and no regulation made | ||||||
| |||||||
| |||||||
| 1 | pursuant to the
contract shall be effective or enforceable | ||||||
| 2 | until 3 days after the
contract is so recorded.
| ||||||
| 3 | (d) At such time as parking and traffic regulations have | ||||||
| 4 | been
established at any parking area pursuant to the contract | ||||||
| 5 | as provided for
in this Section, then it shall be a petty | ||||||
| 6 | offense for any person to do
any act forbidden or to fail to | ||||||
| 7 | perform any act required by such parking
or traffic regulation. | ||||||
| 8 | If the violation is the parking in a parking space
reserved for | ||||||
| 9 | persons with disabilities under paragraph (11) of this Section, | ||||||
| 10 | by
a person without special registration plates issued to a | ||||||
| 11 | person with
disabilities, as defined by Section 1-159.1, | ||||||
| 12 | pursuant to Section
3-616 of this Code, or to a veteran with a | ||||||
| 13 | disability disabled veteran pursuant to Section 3-609 of
this | ||||||
| 14 | Code, the local police of the contracting corporate municipal
| ||||||
| 15 | authorities shall issue a parking ticket to such parking | ||||||
| 16 | violator and issue
a fine in accordance with Section 11-1301.3.
| ||||||
| 17 | (e) The term "shopping center", as used in this Section, | ||||||
| 18 | means
premises having one or more stores or business | ||||||
| 19 | establishments in
connection with which there is provided on | ||||||
| 20 | privately-owned property near
or contiguous thereto an area, or | ||||||
| 21 | areas, of land used by the public as
the means of access to and | ||||||
| 22 | egress from the stores and business
establishments on such | ||||||
| 23 | premises and for the parking of motor vehicles of
customers and | ||||||
| 24 | patrons of such stores and business establishments on such
| ||||||
| 25 | premises.
| ||||||
| 26 | (f) The term "parking area", as used in this Section, means | ||||||
| |||||||
| |||||||
| 1 | an area,
or areas, of land near or contiguous to a school, | ||||||
| 2 | church, or hospital
building, shopping center, apartment | ||||||
| 3 | complex, or condominium
complex,
but not the public highways or | ||||||
| 4 | alleys, and used by
the public as the means of access to and | ||||||
| 5 | egress from such buildings and
the stores and business | ||||||
| 6 | establishments at a shopping center and for the
parking of | ||||||
| 7 | motor vehicles.
| ||||||
| 8 | (g) The terms "owner", "property owner", "shopping center | ||||||
| 9 | owner",
and "apartment complex owner",
as used in this Section, | ||||||
| 10 | mean the actual
legal owner of the shopping center parking area | ||||||
| 11 | or apartment
complex,
the trust officer of a banking | ||||||
| 12 | institution having the right to manage
and control such | ||||||
| 13 | property, or a person having the legal right, through
lease or | ||||||
| 14 | otherwise, to manage or control the property.
| ||||||
| 15 | (g-5) The term "condominium complex unit owners' | ||||||
| 16 | association", as used in
this Section, means a "unit owners' | ||||||
| 17 | association" as defined in Section 2 of the
Condominium | ||||||
| 18 | Property Act.
| ||||||
| 19 | (h) The term "fire lane", as used in this Section, means | ||||||
| 20 | travel
lanes for the fire fighting equipment upon which there | ||||||
| 21 | shall be no
standing or parking of any motor vehicle at any | ||||||
| 22 | time so that fire
fighting equipment can move freely thereon.
| ||||||
| 23 | (i) The term "apartment complex", as used in this Section, | ||||||
| 24 | means
premises having one or more apartments in connection with | ||||||
| 25 | which there is
provided on privately-owned property near or | ||||||
| 26 | contiguous thereto an area,
or areas, of land used by occupants | ||||||
| |||||||
| |||||||
| 1 | of such apartments or their guests
as a means of access to and | ||||||
| 2 | egress from such apartments or for the
parking of motor | ||||||
| 3 | vehicles of such occupants or their guests.
| ||||||
| 4 | (j) The term "condominium complex", as used in this | ||||||
| 5 | Section, means
the units, common elements, and limited common | ||||||
| 6 | elements that are located on the
parcels, as those terms are | ||||||
| 7 | defined in Section 2 of the Condominium Property
Act.
| ||||||
| 8 | (k) The term "commercial and industrial facility", as used | ||||||
| 9 | in this
Section, means a premises containing one or more | ||||||
| 10 | commercial and industrial
facility establishments in | ||||||
| 11 | connection with which there is
provided on
privately-owned | ||||||
| 12 | property near or contiguous to the premises an area or areas of
| ||||||
| 13 | land used by the public as the means of access to and egress | ||||||
| 14 | from the
commercial and industrial facility establishment on | ||||||
| 15 | the premises and for the
parking of motor vehicles of | ||||||
| 16 | customers, patrons, and employees of the
commercial and | ||||||
| 17 | industrial facility establishment on the premises.
| ||||||
| 18 | (l) The provisions of this Section shall not be deemed to
| ||||||
| 19 | prevent local
authorities from enforcing, on private property, | ||||||
| 20 | local ordinances imposing
fines, in accordance with Section | ||||||
| 21 | 11-1301.3, as penalties for use of any
parking
place reserved | ||||||
| 22 | for persons with disabilities, as defined by Section 1-159.1, | ||||||
| 23 | or
veterans with disabilities disabled veterans by any person | ||||||
| 24 | using a motor vehicle not bearing registration
plates specified | ||||||
| 25 | in Section 11-1301.1 or a special decal or device as defined
in | ||||||
| 26 | Section 11-1301.2 as evidence that the vehicle is operated by | ||||||
| |||||||
| |||||||
| 1 | or for a
person with disabilities or a veteran with a | ||||||
| 2 | disability disabled veteran.
| ||||||
| 3 | This amendatory Act of 1972 is not a prohibition upon the | ||||||
| 4 | contractual
and associational powers granted by Article VII, | ||||||
| 5 | Section 10 of the
Illinois Constitution.
| ||||||
| 6 | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| ||||||
| 7 | (625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
| ||||||
| 8 | Sec. 11-501.7.
(a) As a condition of probation or discharge | ||||||
| 9 | of a
person convicted of a violation of Section 11-501 of this | ||||||
| 10 | Code, who was
less than 21 years of age at the time of the | ||||||
| 11 | offense, or a person
adjudicated delinquent pursuant to the | ||||||
| 12 | Juvenile Court Act, for violation of
Section 11-501 of this | ||||||
| 13 | Code, the Court may order the offender to
participate in the | ||||||
| 14 | Youthful Intoxicated Drivers' Visitation Program.
The Program | ||||||
| 15 | shall consist of a supervised visitation as provided
by this | ||||||
| 16 | Section by the person to at least one of the following, to the
| ||||||
| 17 | extent that personnel and facilities are available:
| ||||||
| 18 | (1) A State or private rehabilitation facility that | ||||||
| 19 | cares for victims
of motor vehicle accidents involving | ||||||
| 20 | persons under the influence of alcohol.
| ||||||
| 21 | (2) A facility which cares for advanced alcoholics to | ||||||
| 22 | observe
persons in the terminal stages of alcoholism, under | ||||||
| 23 | the supervision of
appropriately licensed medical | ||||||
| 24 | personnel.
| ||||||
| 25 | (3) If approved by the coroner of the county where the | ||||||
| |||||||
| |||||||
| 1 | person resides,
the county coroner's office or the county | ||||||
| 2 | morgue to observe appropriate
victims of motor vehicle | ||||||
| 3 | accidents involving persons under the influence of
| ||||||
| 4 | alcohol, under the supervision of the coroner or deputy | ||||||
| 5 | coroner.
| ||||||
| 6 | (b) The Program shall be operated by the appropriate | ||||||
| 7 | probation
authorities of the courts of the various circuits. | ||||||
| 8 | The youthful offender
ordered to participate in the Program | ||||||
| 9 | shall bear all costs associated with
participation in the | ||||||
| 10 | Program. A parent or guardian of the offender may
assume the | ||||||
| 11 | obligation of the offender to pay the costs of the Program. The
| ||||||
| 12 | court may waive the requirement that the offender pay the costs | ||||||
| 13 | of
participation in the Program upon a finding of indigency.
| ||||||
| 14 | (c) As used in this Section, "appropriate victims" means | ||||||
| 15 | victims whose
condition is determined by the visit supervisor | ||||||
| 16 | to demonstrate the results of
motor vehicle accidents involving | ||||||
| 17 | persons under the influence of alcohol
without being | ||||||
| 18 | excessively gruesome or traumatic to the observer.
| ||||||
| 19 | (d) Any visitation shall include, before any observation of | ||||||
| 20 | victims or
persons with disabilities disabled persons, a | ||||||
| 21 | comprehensive counseling session with the visitation
| ||||||
| 22 | supervisor at which the supervisor shall explain and discuss | ||||||
| 23 | the
experiences which may be encountered during the visitation | ||||||
| 24 | in order to
ascertain whether the visitation is appropriate.
| ||||||
| 25 | (Source: P.A. 86-1242.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| ||||||
| 2 | Sec. 11-1301.1. Persons with disabilities - Parking | ||||||
| 3 | privileges - Exemptions. | ||||||
| 4 | (a) A motor vehicle bearing registration plates issued to a | ||||||
| 5 | person with
disabilities, as defined by Section 1-159.1, | ||||||
| 6 | pursuant to Section 3-616 or to a
veteran with a disability | ||||||
| 7 | disabled veteran pursuant to subsection (a) of Section 3-609 or | ||||||
| 8 | a special decal or device issued
pursuant to Section 3-616 or | ||||||
| 9 | pursuant to Section 11-1301.2 of this Code or a
motor vehicle | ||||||
| 10 | registered in another jurisdiction, state, district, territory | ||||||
| 11 | or
foreign country upon which is displayed a registration | ||||||
| 12 | plate, special decal or
device issued by the other jurisdiction | ||||||
| 13 | designating the vehicle is operated by
or for a person with | ||||||
| 14 | disabilities shall be exempt from the payment of parking
meter | ||||||
| 15 | fees until January 1, 2014, and exempt from any statute or | ||||||
| 16 | ordinance imposing time limitations
on parking, except | ||||||
| 17 | limitations of one-half hour or less, on any street or
highway | ||||||
| 18 | zone, a parking area subject to regulation under subsection (a) | ||||||
| 19 | of Section 11-209 of this Code, or any parking lot or parking | ||||||
| 20 | place which
are owned, leased or owned and leased by a | ||||||
| 21 | municipality or a municipal
parking utility; and shall be | ||||||
| 22 | recognized by state and local authorities
as a valid license | ||||||
| 23 | plate or parking device and shall receive the same
parking | ||||||
| 24 | privileges as residents of this State; but, such vehicle shall | ||||||
| 25 | be
subject to the laws which prohibit parking in "no stopping" | ||||||
| 26 | and "no
standing" zones in front of or near fire hydrants, | ||||||
| |||||||
| |||||||
| 1 | driveways, public
building entrances and exits, bus stops and | ||||||
| 2 | loading areas, and is
prohibited from parking where the motor | ||||||
| 3 | vehicle constitutes a traffic
hazard, whereby such motor | ||||||
| 4 | vehicle shall be moved at the instruction and
request of a law | ||||||
| 5 | enforcement officer to a location designated by the
officer. | ||||||
| 6 | (b) Any motor vehicle bearing registration plates or a | ||||||
| 7 | special decal
or device specified in this Section or in Section | ||||||
| 8 | 3-616 of this Code or
such parking device as specifically | ||||||
| 9 | authorized in Section 11-1301.2 as
evidence that the vehicle is | ||||||
| 10 | operated by or for a person with disabilities or bearing | ||||||
| 11 | registration plates issued to a
veteran with a disability | ||||||
| 12 | disabled veteran under subsection (a) of Section 3-609 may | ||||||
| 13 | park, in addition to any
other lawful place, in any parking | ||||||
| 14 | place specifically reserved for such
vehicles by the posting of | ||||||
| 15 | an official sign as provided under Section 11-301.
Parking | ||||||
| 16 | privileges granted by this Section are strictly limited
to the | ||||||
| 17 | person to whom the special registration plates, special decal | ||||||
| 18 | or
device were issued and to qualified operators acting under | ||||||
| 19 | his or her express
direction while the person with disabilities | ||||||
| 20 | is present.
A person to whom privileges were granted shall, at | ||||||
| 21 | the request of a
police officer or any other person invested by | ||||||
| 22 | law with authority to direct,
control, or regulate traffic, | ||||||
| 23 | present an identification card with a picture as
verification | ||||||
| 24 | that the
person is the person to whom the special registration | ||||||
| 25 | plates, special decal or
device was issued.
| ||||||
| 26 | (c) Such parking privileges granted by this Section are | ||||||
| |||||||
| |||||||
| 1 | also extended to
motor vehicles of not-for-profit | ||||||
| 2 | organizations used for the transportation of
persons with | ||||||
| 3 | disabilities when such motor vehicles display the decal or | ||||||
| 4 | device
issued pursuant to Section 11-1301.2 of this Code.
| ||||||
| 5 | (d) No person shall use any area for the parking of any | ||||||
| 6 | motor vehicle
pursuant to Section 11-1303 of this Code or where | ||||||
| 7 | an official sign
controlling such area expressly prohibits | ||||||
| 8 | parking at any time or during
certain hours.
| ||||||
| 9 | (e) Beginning January 1, 2014, a vehicle displaying a decal | ||||||
| 10 | or device issued under subsection (c-5) of Section 11-1301.2 of | ||||||
| 11 | this Code shall be exempt from the payment of fees generated by | ||||||
| 12 | parking in a metered space or in a publicly owned parking area. | ||||||
| 13 | (Source: P.A. 97-845, eff. 1-1-13; 97-918, eff. 1-1-13; 98-463, | ||||||
| 14 | eff. 8-16-13; 98-577, eff. 1-1-14.)
| ||||||
| 15 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
| 16 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
| 17 | disabilities.
| ||||||
| 18 | (a) The Secretary of State shall provide for, by | ||||||
| 19 | administrative rules, the
design, size, color, and placement of | ||||||
| 20 | a person with disabilities motorist decal
or device
and shall | ||||||
| 21 | provide for, by administrative
rules, the content and form of | ||||||
| 22 | an application for a person with disabilities
motorist decal or | ||||||
| 23 | device,
which shall be used by local authorities in the | ||||||
| 24 | issuance thereof to a
person with temporary disabilities, | ||||||
| 25 | provided that the decal or device is
valid for no more than 90 | ||||||
| |||||||
| |||||||
| 1 | days, subject to renewal for like periods based upon
continued | ||||||
| 2 | disability, and further provided that the decal or device | ||||||
| 3 | clearly
sets forth the date that the decal or device expires.
| ||||||
| 4 | The application shall
include the requirement of an Illinois | ||||||
| 5 | Identification Card number or a State
of Illinois driver's | ||||||
| 6 | license number.
This decal or device may be used by the | ||||||
| 7 | authorized holder to designate and identify a vehicle not owned | ||||||
| 8 | or displaying a
registration plate as provided in Sections | ||||||
| 9 | 3-609 and 3-616 of this Act to
designate when the vehicle is | ||||||
| 10 | being used to transport said person or persons
with | ||||||
| 11 | disabilities, and thus is entitled to enjoy all the privileges | ||||||
| 12 | that would
be afforded a person with disabilities licensed | ||||||
| 13 | vehicle.
Person with disabilities decals or devices issued and | ||||||
| 14 | displayed pursuant to
this Section shall be recognized and | ||||||
| 15 | honored by all local authorities
regardless of which local | ||||||
| 16 | authority issued such decal or device.
| ||||||
| 17 | The decal or device shall be issued only upon a showing by | ||||||
| 18 | adequate
documentation that the person for whose benefit the | ||||||
| 19 | decal or device is to be
used has a disability as defined in | ||||||
| 20 | Section 1-159.1 of this
Code and the disability is temporary.
| ||||||
| 21 | (b) The local governing authorities shall be responsible | ||||||
| 22 | for the provision
of such decal or device, its issuance and | ||||||
| 23 | designated placement within the
vehicle. The cost of such decal | ||||||
| 24 | or device shall be at the discretion of
such local governing | ||||||
| 25 | authority.
| ||||||
| 26 | (c) The Secretary of State may, pursuant to Section | ||||||
| |||||||
| |||||||
| 1 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
| 2 | device to a person with
disabilities as defined by Section | ||||||
| 3 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
| 4 | issued by the Secretary of State shall be registered to
that | ||||||
| 5 | person with disabilities in the form to be prescribed by the | ||||||
| 6 | Secretary of
State. The person with disabilities parking decal | ||||||
| 7 | or device shall not display
that person's address. One | ||||||
| 8 | additional decal or device may be issued to an
applicant upon | ||||||
| 9 | his or her written request and with the approval of the
| ||||||
| 10 | Secretary of
State.
The written request must include a | ||||||
| 11 | justification of the need for the
additional decal or device.
| ||||||
| 12 | (c-5) Beginning January 1, 2014, the Secretary shall | ||||||
| 13 | provide by administrative rule for the issuance of a separate | ||||||
| 14 | and distinct parking decal or device for persons with | ||||||
| 15 | disabilities as defined by Section 1-159.1 of this Code and who | ||||||
| 16 | meet the qualifications under this subsection. The authorized | ||||||
| 17 | holder of a decal or device issued under this subsection (c-5) | ||||||
| 18 | shall be exempt from the payment of fees generated by parking | ||||||
| 19 | in a metered space, a parking area subject to paragraph (10) of | ||||||
| 20 | subsection (a) of Section 11-209 of this Code, or a publicly | ||||||
| 21 | owned parking area. | ||||||
| 22 | The Secretary shall issue a meter-exempt decal or device to | ||||||
| 23 | a person with
disabilities who: (i) has been issued | ||||||
| 24 | registration plates under subsection (a) of Section 3-609 or | ||||||
| 25 | Section 3-616 of this Code or a special decal or device under | ||||||
| 26 | this Section, (ii) holds a valid Illinois driver's license, and | ||||||
| |||||||
| |||||||
| 1 | (iii) is unable to do one or more of the following: | ||||||
| 2 | (1) manage, manipulate, or insert coins, or obtain | ||||||
| 3 | tickets or tokens in parking meters or ticket machines in | ||||||
| 4 | parking lots, due to the lack of fine motor control of both | ||||||
| 5 | hands; | ||||||
| 6 | (2) reach above his or her head to a height of 42 | ||||||
| 7 | inches from the ground, due to a lack of finger, hand, or | ||||||
| 8 | upper extremity strength or mobility; | ||||||
| 9 | (3) approach a parking meter due to his or her use of a | ||||||
| 10 | wheelchair or other device for mobility; or | ||||||
| 11 | (4) walk more than 20 feet due to an orthopedic, | ||||||
| 12 | neurological, cardiovascular, or lung condition in which | ||||||
| 13 | the degree of debilitation is so severe that it almost | ||||||
| 14 | completely impedes the ability to walk. | ||||||
| 15 | The application for a meter-exempt parking decal or device | ||||||
| 16 | shall contain a statement certified by a licensed physician, | ||||||
| 17 | physician assistant, or advanced practice nurse attesting to | ||||||
| 18 | the permanent nature of the applicant's condition and verifying | ||||||
| 19 | that the applicant meets the physical qualifications specified | ||||||
| 20 | in this subsection (c-5). | ||||||
| 21 | Notwithstanding the requirements of this subsection (c-5), | ||||||
| 22 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
| 23 | person who has been issued registration plates under Section | ||||||
| 24 | 3-616 of this Code or a special decal or device under this | ||||||
| 25 | Section, if the applicant is the parent or guardian of a person | ||||||
| 26 | with disabilities who is under 18 years of age and incapable of | ||||||
| |||||||
| |||||||
| 1 | driving. | ||||||
| 2 | (d) Replacement decals or devices may be issued for lost, | ||||||
| 3 | stolen, or
destroyed decals upon application and payment of a | ||||||
| 4 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
| 5 | have claimed and received a grant under
the Senior Citizens and | ||||||
| 6 | Persons with Disabilities Disabled Persons Property Tax Relief | ||||||
| 7 | Act.
| ||||||
| 8 | (e) A person classified as a veteran under subsection (e) | ||||||
| 9 | of Section 6-106 of this Code that has been issued a decal or | ||||||
| 10 | device under this Section shall not be required to submit | ||||||
| 11 | evidence of disability in order to renew that decal or device | ||||||
| 12 | if, at the time of initial application, he or she submitted | ||||||
| 13 | evidence from his or her physician or the Department of | ||||||
| 14 | Veterans' Affairs that the disability is of a permanent nature. | ||||||
| 15 | However, the Secretary shall take reasonable steps to ensure | ||||||
| 16 | the veteran still resides in this State at the time of the | ||||||
| 17 | renewal. These steps may include requiring the veteran to | ||||||
| 18 | provide additional documentation or to appear at a Secretary of | ||||||
| 19 | State facility. To identify veterans who are eligible for this | ||||||
| 20 | exemption, the Secretary shall compare the list of the persons | ||||||
| 21 | who have been issued a decal or device to the list of persons | ||||||
| 22 | who have been issued a disabled veteran vehicle registration | ||||||
| 23 | plate for veterans with disabilities under Section 3-609 of | ||||||
| 24 | this Code, or who are identified as a veteran on their driver's | ||||||
| 25 | license under Section 6-110 of this Code or on their | ||||||
| 26 | identification card under Section 4 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Identification Card Act. | ||||||
| 2 | (Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; | ||||||
| 3 | 98-463, eff. 8-16-13; 98-577, eff. 1-1-14; 98-879, eff. | ||||||
| 4 | 1-1-15.)
| ||||||
| 5 | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||||||
| 6 | Sec. 11-1301.3. Unauthorized use of parking places | ||||||
| 7 | reserved for persons with
disabilities. | ||||||
| 8 | (a) It shall be prohibited to park any motor vehicle which | ||||||
| 9 | is not properly
displaying
registration plates or decals issued | ||||||
| 10 | to a person with disabilities, as defined
by Section 1-159.1, | ||||||
| 11 | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||||||
| 12 | veteran with a disability disabled veteran pursuant to Section | ||||||
| 13 | 3-609 of this Act, as evidence that the
vehicle is operated by | ||||||
| 14 | or for a person with disabilities or a veteran with a | ||||||
| 15 | disability disabled veteran,
in any parking place, including | ||||||
| 16 | any private
or public offstreet parking facility, specifically | ||||||
| 17 | reserved, by the
posting of an official sign as designated | ||||||
| 18 | under Section 11-301, for
motor vehicles displaying such | ||||||
| 19 | registration plates.
It shall be prohibited to park any motor | ||||||
| 20 | vehicle in a designated access
aisle adjacent to any parking | ||||||
| 21 | place specifically reserved for persons with
disabilities, by | ||||||
| 22 | the posting of an official sign as designated under Section
| ||||||
| 23 | 11-301, for motor vehicles displaying such registration | ||||||
| 24 | plates.
When using the parking privileges for persons with | ||||||
| 25 | disabilities, the parking
decal or device must be displayed | ||||||
| |||||||
| |||||||
| 1 | properly in the vehicle where it is clearly
visible to law | ||||||
| 2 | enforcement personnel, either hanging from the rearview mirror
| ||||||
| 3 | or placed on the dashboard of the vehicle in clear view.
| ||||||
| 4 | Disability license plates and parking decals and devices are | ||||||
| 5 | not transferable from person to person. Proper usage of the | ||||||
| 6 | disability license plate or parking decal or device requires | ||||||
| 7 | the authorized holder to be present and enter or exit the | ||||||
| 8 | vehicle at the time the parking privileges are being used. It | ||||||
| 9 | is a violation of this Section to park in a space reserved for | ||||||
| 10 | a person with disabilities if the authorized holder of the | ||||||
| 11 | disability license plate or parking decal or device does not | ||||||
| 12 | enter or exit the vehicle at the time the parking privileges | ||||||
| 13 | are being used. Any motor vehicle properly displaying a | ||||||
| 14 | disability license plate or a
parking decal or device | ||||||
| 15 | containing the International symbol of access
issued to persons | ||||||
| 16 | with disabilities by any local authority, state, district,
| ||||||
| 17 | territory or foreign country shall be recognized by State and | ||||||
| 18 | local
authorities as a valid license plate or device and | ||||||
| 19 | receive the same parking
privileges as residents of this State.
| ||||||
| 20 | (a-1) An individual with a vehicle displaying disability | ||||||
| 21 | license plates or a parking decal or device issued to a | ||||||
| 22 | qualified person with a disability under Sections 3-616, | ||||||
| 23 | 11-1301.1, or 11-1301.2 or to a veteran with a disability | ||||||
| 24 | disabled veteran under Section 3-609 is in violation of this | ||||||
| 25 | Section if (i) the person using the disability license plate or | ||||||
| 26 | parking decal or device is not the authorized holder of the | ||||||
| |||||||
| |||||||
| 1 | disability license plate or parking decal or device or is not | ||||||
| 2 | transporting the authorized holder of the disability license | ||||||
| 3 | plate or parking decal or device to or from the parking | ||||||
| 4 | location and (ii) the person uses the disability license plate | ||||||
| 5 | or parking decal or device to exercise any privileges granted | ||||||
| 6 | through the disability license plate or parking decals or | ||||||
| 7 | devices under this Code.
| ||||||
| 8 | (a-2) A driver of a vehicle displaying disability license | ||||||
| 9 | plates or a parking decal or device issued to a qualified | ||||||
| 10 | person with a disability under Section 3-616, 11-1301.1, or | ||||||
| 11 | 11-1301.2 or to a veteran with a disability disabled veteran | ||||||
| 12 | under Section 3-609 is in violation of this Section if (i) the | ||||||
| 13 | person to whom the disability license plate or parking decal or | ||||||
| 14 | device was issued is deceased and (ii) the driver uses the | ||||||
| 15 | disability license plate or parking decal or device to exercise | ||||||
| 16 | any privileges granted through a disability license plate or | ||||||
| 17 | parking decal or device under this Code. | ||||||
| 18 | (b) Any person or local authority owning or operating any | ||||||
| 19 | public or private
offstreet parking facility may, after | ||||||
| 20 | notifying the police or sheriff's
department, remove or cause | ||||||
| 21 | to be removed to the nearest garage or other
place of safety | ||||||
| 22 | any vehicle parked within a stall or space reserved for
use by | ||||||
| 23 | a person with disabilities which does not
display person with | ||||||
| 24 | disabilities registration
plates or a special decal or device | ||||||
| 25 | as required under this Section.
| ||||||
| 26 | (c) Any person found guilty of violating the provisions of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) shall be fined $250 in addition to any costs or | ||||||
| 2 | charges connected
with the removal or storage of any motor | ||||||
| 3 | vehicle authorized under this
Section; but municipalities by | ||||||
| 4 | ordinance may impose a fine up to $350
and shall display signs | ||||||
| 5 | indicating the fine imposed. If the amount of
the fine is | ||||||
| 6 | subsequently changed, the municipality shall change the sign to
| ||||||
| 7 | indicate the current amount of the fine.
It shall not be a | ||||||
| 8 | defense to a charge under this Section that either the sign | ||||||
| 9 | posted
pursuant to this
Section or the intended accessible | ||||||
| 10 | parking place does not comply with the technical requirements | ||||||
| 11 | of Section 11-301,
Department
regulations, or local ordinance | ||||||
| 12 | if a reasonable person would be made aware by
the
sign or | ||||||
| 13 | notice on or near the parking place that the place is reserved | ||||||
| 14 | for a
person
with
disabilities.
| ||||||
| 15 | (c-1) Any person found guilty of violating the provisions | ||||||
| 16 | of subsection (a-1) a first time shall be fined $600. Any | ||||||
| 17 | person found guilty of violating subsection (a-1) a second or | ||||||
| 18 | subsequent time shall be fined $1,000. Any person who violates | ||||||
| 19 | subsection (a-2) is guilty of a Class A misdemeanor and shall | ||||||
| 20 | be fined $2,500. The circuit clerk shall distribute 50% of the | ||||||
| 21 | fine imposed on any person who is found guilty of or pleads | ||||||
| 22 | guilty to violating this Section, including any person placed | ||||||
| 23 | on court supervision for violating this Section, to the law | ||||||
| 24 | enforcement agency that issued the citation or made the arrest. | ||||||
| 25 | If more than one law enforcement agency is responsible for | ||||||
| 26 | issuing the citation or making the arrest, the 50% of the fine | ||||||
| |||||||
| |||||||
| 1 | imposed shall be shared equally.
If an officer of the Secretary | ||||||
| 2 | of State Department of Police arrested a person for a violation | ||||||
| 3 | of this Section, 50% of the fine imposed shall be deposited | ||||||
| 4 | into the Secretary of State Police Services Fund. | ||||||
| 5 | (d) Local authorities shall impose fines as established in | ||||||
| 6 | subsections
(c) and (c-1) for violations of this Section.
| ||||||
| 7 | (e) As used in this Section, "authorized holder" means an | ||||||
| 8 | individual
issued a disability
license plate under Section | ||||||
| 9 | 3-616 of this
Code, an individual issued a parking decal or | ||||||
| 10 | device
under Section 11-1301.2 of this Code, or an individual | ||||||
| 11 | issued a disabled veteran's license plate for veterans with | ||||||
| 12 | disabilities under Section 3-609 of this Code. | ||||||
| 13 | (f) Any person who commits a violation of subsection (a-1) | ||||||
| 14 | or a similar provision of a local ordinance may have his or her | ||||||
| 15 | driving privileges suspended or revoked by the Secretary of | ||||||
| 16 | State for a period of time determined by the Secretary of | ||||||
| 17 | State. Any person who commits a violation of subsection (a-2) | ||||||
| 18 | or a similar provision of a local ordinance shall have his or | ||||||
| 19 | her driving privileges revoked by the Secretary of State. The | ||||||
| 20 | Secretary of State may also suspend or revoke the disability | ||||||
| 21 | license plates or parking decal or device for a period of time | ||||||
| 22 | determined by the Secretary of State.
| ||||||
| 23 | (g) Any police officer may seize the parking decal
or | ||||||
| 24 | device from any person who commits a violation of this Section. | ||||||
| 25 | Any police officer may seize the disability license plate upon | ||||||
| 26 | authorization from the Secretary of State. Any police officer | ||||||
| |||||||
| |||||||
| 1 | may request that the Secretary of State revoke the parking | ||||||
| 2 | decal or device or the disability license plate of any person | ||||||
| 3 | who commits a violation of this Section. | ||||||
| 4 | (Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463, | ||||||
| 5 | eff. 8-16-13.)
| ||||||
| 6 | (625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
| ||||||
| 7 | Sec. 11-1301.4. Reciprocal agreements with other | ||||||
| 8 | jurisdictions. The Secretary of State, or his designee, may | ||||||
| 9 | enter into agreements
with other jurisdictions, including | ||||||
| 10 | foreign jurisdictions, on behalf of
this State relating to the | ||||||
| 11 | extension of parking
privileges by such jurisdictions to | ||||||
| 12 | permanently disabled residents of this
State with disabilities | ||||||
| 13 | who display a special license plate or parking device that | ||||||
| 14 | contains
the International symbol of access on his or her motor | ||||||
| 15 | vehicle, and to
recognize such plates or devices issued by such | ||||||
| 16 | other jurisdictions. This
State shall grant the same parking | ||||||
| 17 | privileges which are granted to disabled
residents of this | ||||||
| 18 | State with disabilities to any non-resident whose motor vehicle | ||||||
| 19 | is licensed
in another state, district, territory or foreign | ||||||
| 20 | country if such vehicle
displays the International symbol of | ||||||
| 21 | access or a distinguishing insignia on
license plates or | ||||||
| 22 | parking device issued in accordance with the laws of the
| ||||||
| 23 | non-resident's state, district, territory or foreign country.
| ||||||
| 24 | (Source: P.A. 86-539.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-1301.5)
| ||||||
| 2 | Sec. 11-1301.5. Fictitious or unlawfully altered | ||||||
| 3 | disability
license plate or parking decal or device. | ||||||
| 4 | (a) As used in this Section:
| ||||||
| 5 | "Fictitious disability license plate or parking decal or
| ||||||
| 6 | device" means any issued disability license plate or parking
| ||||||
| 7 | decal
or device, or any license plate issued to a veteran with | ||||||
| 8 | a disability disabled veteran under Section 3-609 of this Code, | ||||||
| 9 | that has been issued by the Secretary of State or an authorized | ||||||
| 10 | unit
of local government that was issued based upon false | ||||||
| 11 | information contained on
the required application.
| ||||||
| 12 | "False information" means any incorrect or inaccurate | ||||||
| 13 | information
concerning
the name, date of birth, social security | ||||||
| 14 | number, driver's license number,
physician certification, or | ||||||
| 15 | any other information required on the Persons with Disabilities | ||||||
| 16 | Certification for Plate or Parking Placard, on the Application | ||||||
| 17 | for Replacement Disability Parking Placard, or on the
| ||||||
| 18 | application
for license plates issued to veterans with | ||||||
| 19 | disabilities disabled veterans under Section 3-609 of this | ||||||
| 20 | Code, that
falsifies the content of the application.
| ||||||
| 21 | "Unlawfully altered disability
license plate or parking
| ||||||
| 22 | permit or device" means any disability license plate or parking
| ||||||
| 23 | permit or device, or any license plate issued to a veteran with | ||||||
| 24 | a disability disabled veteran under Section 3-609 of this Code, | ||||||
| 25 | issued by the Secretary of State or an authorized unit of
local | ||||||
| 26 | government that has been physically altered or changed in such | ||||||
| |||||||
| |||||||
| 1 | manner
that false information appears on the license plate or | ||||||
| 2 | parking decal or device.
| ||||||
| 3 | "Authorized holder" means an individual issued a | ||||||
| 4 | disability
license plate under Section 3-616 of this Code or an | ||||||
| 5 | individual issued a parking decal or device under Section | ||||||
| 6 | 11-1301.2 of this Code, or an individual issued a disabled | ||||||
| 7 | veteran's license plate for veterans with disabilities under | ||||||
| 8 | Section 3-609 of this Code.
| ||||||
| 9 | (b) It is a violation of this Section for any person:
| ||||||
| 10 | (1) to knowingly possess any fictitious or unlawfully | ||||||
| 11 | altered disability license plate or parking decal or | ||||||
| 12 | device;
| ||||||
| 13 | (2) to knowingly issue or assist in the issuance of, by | ||||||
| 14 | the Secretary of
State or unit of local government, any | ||||||
| 15 | fictitious disability
license plate or parking decal or | ||||||
| 16 | device;
| ||||||
| 17 | (3) to knowingly alter any disability license plate or
| ||||||
| 18 | parking decal or device;
| ||||||
| 19 | (4) to knowingly manufacture, possess, transfer, or | ||||||
| 20 | provide any
documentation used in the application process | ||||||
| 21 | whether real or fictitious, for
the purpose of obtaining a | ||||||
| 22 | fictitious disability license plate or
parking decal or | ||||||
| 23 | device;
| ||||||
| 24 | (5) to knowingly provide any false information to the | ||||||
| 25 | Secretary of State
or a unit of local government in order | ||||||
| 26 | to obtain a disability
license plate or parking decal or | ||||||
| |||||||
| |||||||
| 1 | device;
| ||||||
| 2 | (6) to knowingly transfer a disability license plate or
| ||||||
| 3 | parking decal or device for the purpose of exercising the | ||||||
| 4 | privileges granted
to an authorized holder of a disability
| ||||||
| 5 | license plate or parking
decal or device under this Code in | ||||||
| 6 | the absence of the authorized holder; or
| ||||||
| 7 | (7) who is a physician, physician assistant, or | ||||||
| 8 | advanced practice nurse to knowingly falsify a | ||||||
| 9 | certification that a person is a person with disabilities | ||||||
| 10 | as defined by Section 1-159.1 of this Code. | ||||||
| 11 | (c) Sentence.
| ||||||
| 12 | (1) Any person convicted of a violation of paragraph | ||||||
| 13 | (1), (2), (3), (4), (5), or (7) of subsection (b) of this | ||||||
| 14 | Section shall be guilty of
a Class A misdemeanor and fined | ||||||
| 15 | not less than $1,000 for a first offense and shall be | ||||||
| 16 | guilty of a Class 4 felony and fined not less than $2,000 | ||||||
| 17 | for a second or subsequent offense. Any person convicted of | ||||||
| 18 | a violation of subdivision (b)(6) of this Section is guilty | ||||||
| 19 | of a Class A misdemeanor and shall be fined not less than | ||||||
| 20 | $1,000 for a first offense and not less than $2,000 for a | ||||||
| 21 | second or subsequent offense. The circuit clerk shall | ||||||
| 22 | distribute one-half of any fine imposed on any person who | ||||||
| 23 | is found guilty of or pleads guilty to violating this | ||||||
| 24 | Section, including any person placed on court supervision | ||||||
| 25 | for violating this Section, to the law enforcement agency | ||||||
| 26 | that issued the citation or made the arrest. If more than | ||||||
| |||||||
| |||||||
| 1 | one law enforcement agency is responsible for issuing the | ||||||
| 2 | citation or making the arrest, one-half of the fine imposed | ||||||
| 3 | shall be shared equally.
| ||||||
| 4 | (2) Any person who commits a violation of this Section | ||||||
| 5 | or a similar provision of a local ordinance may have his
or | ||||||
| 6 | her driving privileges suspended or revoked by the | ||||||
| 7 | Secretary of State for a
period of time determined by the | ||||||
| 8 | Secretary of State. The Secretary of State may suspend or | ||||||
| 9 | revoke the parking decal or device or the disability | ||||||
| 10 | license plate of any person who commits a violation of this | ||||||
| 11 | Section.
| ||||||
| 12 | (3) Any police officer may seize the parking decal or | ||||||
| 13 | device from any
person who commits a violation of this | ||||||
| 14 | Section. Any police officer may seize
the disability | ||||||
| 15 | license plate upon authorization from the
Secretary of | ||||||
| 16 | State. Any police officer may request that the Secretary of | ||||||
| 17 | State
revoke the parking decal or device or the disability | ||||||
| 18 | license
plate of any person who commits a violation of this | ||||||
| 19 | Section.
| ||||||
| 20 | (Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463, | ||||||
| 21 | eff. 8-16-13.)
| ||||||
| 22 | (625 ILCS 5/11-1301.6)
| ||||||
| 23 | Sec. 11-1301.6. Fraudulent disability license plate or
| ||||||
| 24 | parking decal or device. | ||||||
| 25 | (a) As used in this Section:
| ||||||
| |||||||
| |||||||
| 1 | "Fraudulent disability
license plate or parking decal or
| ||||||
| 2 | device"
means any disability license plate or parking decal or | ||||||
| 3 | device
that purports to be an official disability license plate | ||||||
| 4 | or
parking decal or device and that has not been issued by the | ||||||
| 5 | Secretary of State
or an authorized unit of local government.
| ||||||
| 6 | "Disability license plate or parking decal or | ||||||
| 7 | device-making
implement" means any implement specially | ||||||
| 8 | designed or primarily used in the
manufacture, assembly, or | ||||||
| 9 | authentication of a disability license
plate or parking decal | ||||||
| 10 | or device, or a license plate issued to a veteran with a | ||||||
| 11 | disability disabled veteran under Section 3-609 of this Code, | ||||||
| 12 | issued by the Secretary of State or a unit of
local government.
| ||||||
| 13 | (b) It is a violation of this Section for any person:
| ||||||
| 14 |
(1) to knowingly possess any fraudulent disability | ||||||
| 15 | license
plate or parking decal;
| ||||||
| 16 |
(2) to knowingly possess without authority any | ||||||
| 17 | disability
license plate or parking decal or device-making | ||||||
| 18 | implement;
| ||||||
| 19 |
(3) to knowingly duplicate, manufacture, sell, or | ||||||
| 20 | transfer any fraudulent
or stolen disability license plate | ||||||
| 21 | or parking decal or device;
| ||||||
| 22 |
(4) to knowingly assist in the duplication, | ||||||
| 23 | manufacturing, selling, or
transferring of any fraudulent, | ||||||
| 24 | stolen, or reported lost or damaged disability license | ||||||
| 25 | plate
or parking decal or device; or
| ||||||
| 26 |
(5) to advertise or distribute a fraudulent disability
| ||||||
| |||||||
| |||||||
| 1 | license plate or parking decal or device.
| ||||||
| 2 | (c) Sentence.
| ||||||
| 3 |
(1) Any person convicted of a violation of this | ||||||
| 4 | Section shall be guilty of
a Class A misdemeanor and fined | ||||||
| 5 | not less than $1,000 for a first offense and shall be | ||||||
| 6 | guilty of a Class 4 felony and fined not less than $2,000 | ||||||
| 7 | for a second or subsequent offense. The circuit clerk shall | ||||||
| 8 | distribute half of any fine imposed on any person who is | ||||||
| 9 | found guilty of or pleads guilty to violating this Section, | ||||||
| 10 | including any person placed on court supervision for | ||||||
| 11 | violating this Section, to the law enforcement agency that | ||||||
| 12 | issued the citation or made the arrest. If more than one | ||||||
| 13 | law enforcement agency is responsible for issuing the | ||||||
| 14 | citation or making the arrest, one-half of the fine imposed | ||||||
| 15 | shall be shared equally.
| ||||||
| 16 |
(2) Any person who commits a violation of this Section | ||||||
| 17 | or a similar provision of a local ordinance may have his
or | ||||||
| 18 | her driving privileges suspended or revoked by the | ||||||
| 19 | Secretary of State for a
period of time determined by the | ||||||
| 20 | Secretary of State.
| ||||||
| 21 |
(3) Any police officer may seize the parking decal or | ||||||
| 22 | device from any
person who commits a violation of this | ||||||
| 23 | Section. Any police officer may seize
the disability | ||||||
| 24 | license plate upon authorization from the
Secretary of | ||||||
| 25 | State. Any police officer may request that the Secretary of | ||||||
| 26 | State
revoke the parking decal or device or the disability | ||||||
| |||||||
| |||||||
| 1 | license
plate of any person who commits a violation of this | ||||||
| 2 | Section.
| ||||||
| 3 | (Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13.)
| ||||||
| 4 | (625 ILCS 5/11-1301.7)
| ||||||
| 5 | Sec. 11-1301.7.
Appointed volunteers and contracted
| ||||||
| 6 | entities; parking violations for persons with disabilities | ||||||
| 7 | disabled person parking violations.
| ||||||
| 8 | (a) The chief of police of a municipality and the sheriff | ||||||
| 9 | of a county
authorized to enforce parking laws may appoint | ||||||
| 10 | volunteers or contract with
public or private entities to issue | ||||||
| 11 | parking violation notices for violations
of Section 11-1301.3 | ||||||
| 12 | or ordinances dealing with parking privileges for persons
with | ||||||
| 13 | disabilities. Volunteers appointed under this Section and any | ||||||
| 14 | employees
of public or private entities that the chief of | ||||||
| 15 | police or sheriff has
contracted with under this Section who | ||||||
| 16 | are issuing these parking violation
notices must be at least 21 | ||||||
| 17 | years of age. The chief of police or sheriff
appointing the | ||||||
| 18 | volunteers or contracting with public or private entities may
| ||||||
| 19 | establish any other qualifications that he or she deems | ||||||
| 20 | desirable.
| ||||||
| 21 | (b) The chief of police or sheriff appointing volunteers | ||||||
| 22 | under this Section
shall provide training to the volunteers | ||||||
| 23 | before authorizing them to issue
parking violation notices.
| ||||||
| 24 | (c) A parking violation notice issued by a volunteer | ||||||
| 25 | appointed under this
Section or by a public or private entity | ||||||
| |||||||
| |||||||
| 1 | that the chief of police or sheriff
has contracted with under | ||||||
| 2 | this Section shall have
the same force and effect as a parking | ||||||
| 3 | violation notice issued by a police
officer for the same | ||||||
| 4 | offense.
| ||||||
| 5 | (d) All funds collected as a result of the payment of the | ||||||
| 6 | parking violation
notices issued under this Section shall go to | ||||||
| 7 | the municipality or county where
the notice is issued.
| ||||||
| 8 | (e) An appointed volunteer or private or public entity | ||||||
| 9 | under contract
pursuant to this Section is not liable for his | ||||||
| 10 | or her or its act or omission in
the execution or enforcement | ||||||
| 11 | of laws or ordinances if acting within the scope
of the | ||||||
| 12 | appointment or contract authorized by this Section, unless the | ||||||
| 13 | act or
omission constitutes willful and wanton conduct.
| ||||||
| 14 | (f) Except as otherwise provided by statute, a local | ||||||
| 15 | government, a chief of
police, sheriff, or
employee of a police | ||||||
| 16 | department or sheriff, as such and acting within the scope
of | ||||||
| 17 | his or her employment, is not liable for an injury caused by | ||||||
| 18 | the act or
omission of an appointed volunteer or private or | ||||||
| 19 | public entity under contract
pursuant to this Section. No local | ||||||
| 20 | government, chief of police, sheriff, or an
employee of a local | ||||||
| 21 | government, police department or sheriff shall be liable
for | ||||||
| 22 | any actions regarding the supervision or direction, or the | ||||||
| 23 | failure to
supervise and direct, an appointed volunteer or | ||||||
| 24 | private or public entity under
contract pursuant to this | ||||||
| 25 | Section unless the act or omission constitutes
willful and | ||||||
| 26 | wanton conduct.
| ||||||
| |||||||
| |||||||
| 1 | (g) An appointed volunteer or private or public entity | ||||||
| 2 | under contract
pursuant to this Section shall assume all | ||||||
| 3 | liability for and hold the property
owner and his agents and | ||||||
| 4 | employees harmless from any and all claims of action
resulting | ||||||
| 5 | from the work of the appointed volunteer or public or private
| ||||||
| 6 | entity.
| ||||||
| 7 | (Source: P.A. 90-181, eff. 7-23-97; 90-655, eff. 7-30-98.)
| ||||||
| 8 | (625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
| ||||||
| 9 | Sec. 12-401. Restriction as to tire equipment. No metal | ||||||
| 10 | tired vehicle,
including tractors, motor vehicles of the second | ||||||
| 11 | division, traction engines
and other similar vehicles, shall be | ||||||
| 12 | operated over any improved highway
of this State, if such | ||||||
| 13 | vehicle has on the periphery of any of the road wheels
any | ||||||
| 14 | block, stud, flange, cleat, ridge, lug or any projection of | ||||||
| 15 | metal
or wood which projects radially beyond the tread or | ||||||
| 16 | traffic surface
of the tire. This prohibition does not apply
to | ||||||
| 17 | pneumatic tires with metal studs used on vehicles operated by | ||||||
| 18 | rural
letter carriers who are employed or enjoy a contract with | ||||||
| 19 | the United
States Postal Service for the purpose of delivering | ||||||
| 20 | mail if such vehicle
is actually used for such purpose during | ||||||
| 21 | operations between November
15 of any year and April 1 of the | ||||||
| 22 | following year, or to motor vehicles
displaying a disability | ||||||
| 23 | license plate or a or disabled veteran license plate for | ||||||
| 24 | veterans with disabilities whose
owner resides in an | ||||||
| 25 | unincorporated area located upon a county or township
highway | ||||||
| |||||||
| |||||||
| 1 | or road and possesses a valid driver's license and operates
the | ||||||
| 2 | vehicle with such tires only during the period heretofore | ||||||
| 3 | described,
or to tracked type motor vehicles when that part of | ||||||
| 4 | the vehicle coming in
contact with the road surface does not | ||||||
| 5 | contain any projections of any kind
likely to injure the | ||||||
| 6 | surface of the road; however, tractors, traction engines,
and | ||||||
| 7 | similar vehicles may be operated which have upon their road | ||||||
| 8 | wheels
V-shaped, diagonal or other cleats arranged in such a | ||||||
| 9 | manner as to be
continuously in contact with the road surface, | ||||||
| 10 | provided that the gross weight
upon such wheels per inch of | ||||||
| 11 | width of such cleats in contact with the road
surface, when | ||||||
| 12 | measured in the direction of the axle of the vehicle, does not
| ||||||
| 13 | exceed 800 pounds.
| ||||||
| 14 | All motor vehicles and all other vehicles in tow thereof, | ||||||
| 15 | or thereunto
attached, operating upon any roadway, shall have | ||||||
| 16 | tires of rubber or some
material of equal resiliency. Solid | ||||||
| 17 | tires shall be considered defective and
shall not be permitted | ||||||
| 18 | to be used if the rubber or other material has been
worn or | ||||||
| 19 | otherwise reduced to a thickness of less than three-fourths of | ||||||
| 20 | an
undue vibration when the vehicle is in motion or to cause | ||||||
| 21 | undue
concentration of the wheel load on the surface of the | ||||||
| 22 | road. The
requirements of this Section do not apply to | ||||||
| 23 | agricultural tractors or
traction engines or to agricultural | ||||||
| 24 | machinery, including wagons being
used for agricultural | ||||||
| 25 | purposes in tow thereof, or to road rollers or road
building | ||||||
| 26 | machinery operated at a speed not in excess of 10 miles per
| ||||||
| |||||||
| |||||||
| 1 | hour. All motor vehicles of the second division, operating upon | ||||||
| 2 | any
roadway shall have pneumatic tires, unless exempted herein.
| ||||||
| 3 | Nothing in this Section shall be deemed to prohibit the use | ||||||
| 4 | of tire
chains of reasonable proportion upon any vehicle when | ||||||
| 5 | required for
safety because of snow, ice or other conditions | ||||||
| 6 | tending to cause a vehicle
to skid.
| ||||||
| 7 | (Source: P.A. 94-619, eff. 1-1-06.)
| ||||||
| 8 | Section 870. The Boat Registration and Safety Act is | ||||||
| 9 | amended by changing Section 3A-15 as follows:
| ||||||
| 10 | (625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
| ||||||
| 11 | Sec. 3A-15. Transfer by operation of law.
| ||||||
| 12 | (a) If the interest of an owner in a watercraft passes to | ||||||
| 13 | another other
than by voluntary transfer, the transferee shall, | ||||||
| 14 | except as provided in
subsection (b), promptly mail or deliver | ||||||
| 15 | within 15 days to the Department of
Natural Resources the last | ||||||
| 16 | certificate of title, if
available, proof of the transfer, and | ||||||
| 17 | his or her application for a new
certificate in the form the | ||||||
| 18 | Department prescribes. It
shall be unlawful for any person | ||||||
| 19 | having possession of a certificate of title
for a watercraft by | ||||||
| 20 | reason of his or her having a lien or encumbrance on such
| ||||||
| 21 | watercraft, to fail or refuse to deliver such certificate to | ||||||
| 22 | the owner, upon
the satisfaction or discharge of the lien or | ||||||
| 23 | encumbrance, indicated upon such
certificate of title.
| ||||||
| 24 | (b) If the interest of an owner in a watercraft passes to | ||||||
| |||||||
| |||||||
| 1 | another under the
provisions of the Small Estates provisions of | ||||||
| 2 | the Probate Act of 1975,
as amended, the transferee shall | ||||||
| 3 | promptly mail or deliver to the Department of
Natural | ||||||
| 4 | Resources, within 120 days, the last certificate
of title, if | ||||||
| 5 | available, the documentation required under the provisions of | ||||||
| 6 | the
Probate Act of 1975, as amended, and an application for | ||||||
| 7 | certificate
of title. The transfer may be to the transferee or | ||||||
| 8 | to the nominee of the
transferee.
| ||||||
| 9 | (c) If the interest of an owner in a watercraft passes to | ||||||
| 10 | another under
other provisions of the Probate Act of 1975, as | ||||||
| 11 | amended,
and the transfer is made by an executor, | ||||||
| 12 | administrator, or guardian for
a person with a disability | ||||||
| 13 | disabled person, such transferee shall promptly mail or deliver | ||||||
| 14 | to the
Department of Natural Resources, the last certificate of
| ||||||
| 15 | title, if available, and a certified copy of the letters | ||||||
| 16 | testamentary, letters
of administration or letters of | ||||||
| 17 | guardianship, as the case may be, and an
application for | ||||||
| 18 | certificate of title. Such application shall be made before
the | ||||||
| 19 | estate is closed. The transfer may be to the transferee or to | ||||||
| 20 | the nominee
of the transferee.
| ||||||
| 21 | (d) If the interest of an owner in joint tenancy passes to | ||||||
| 22 | the other
joint tenant with survivorship rights as provided by | ||||||
| 23 | law, the transferee
shall promptly mail or deliver to the | ||||||
| 24 | Department of Natural Resources, the last certificate of title, | ||||||
| 25 | if available, proof of death
of the one joint tenant
and | ||||||
| 26 | survivorship of the surviving joint tenant, and an application | ||||||
| |||||||
| |||||||
| 1 | for
certificate of title. Such application shall be made within | ||||||
| 2 | 120 days after
the death of the joint tenant. The transfer may | ||||||
| 3 | be to the
transferee or to the nominee of the transferee.
| ||||||
| 4 | (e) If the interest of the owner is terminated or the | ||||||
| 5 | watercraft is sold
under a security agreement by a lienholder | ||||||
| 6 | named in the certificate of
title, the transferee shall | ||||||
| 7 | promptly mail or deliver within 15 days to the
Department of | ||||||
| 8 | Natural Resources the last certificate of
title, his or her
| ||||||
| 9 | application for a new certificate in the form the Department
| ||||||
| 10 | prescribes, and an affidavit made by or on behalf of the | ||||||
| 11 | lienholder that
the watercraft was repossessed and that the | ||||||
| 12 | interest of the owner was lawfully
terminated or sold pursuant | ||||||
| 13 | to the terms of the security agreement. In all
cases wherein a | ||||||
| 14 | lienholder has found it necessary to repossess a watercraft
and | ||||||
| 15 | desires to obtain certificate of title for such watercraft in | ||||||
| 16 | the
name of such lienholder, the Department of Natural | ||||||
| 17 | Resources shall not issue a
certificate of title to such | ||||||
| 18 | lienholder unless the person from whom such
watercraft has been | ||||||
| 19 | repossessed, is shown to be the last registered owner of
such | ||||||
| 20 | watercraft and such lienholder establishes to the satisfaction | ||||||
| 21 | of
the Department that he or she is entitled to such
| ||||||
| 22 | certificate of title.
| ||||||
| 23 | (f) A person holding a certificate of title whose interest | ||||||
| 24 | in the
watercraft has been extinguished or transferred other | ||||||
| 25 | than by voluntary
transfer shall mail or deliver the | ||||||
| 26 | certificate within 15 days upon request
of the Department of | ||||||
| |||||||
| |||||||
| 1 | Natural Resources. The delivery of
the certificate pursuant to | ||||||
| 2 | the request of the Department of Natural
Resources does not | ||||||
| 3 | affect the
rights of the person surrendering the certificate, | ||||||
| 4 | and the action of the
Department in issuing a new certificate | ||||||
| 5 | of title as
provided herein is not conclusive upon the rights | ||||||
| 6 | of an owner or lienholder
named in the old certificate.
| ||||||
| 7 | (g) The Department of Natural Resources may decline to
| ||||||
| 8 | process any
application for a transfer of an interest hereunder | ||||||
| 9 | if any fees or taxes
due under this Act from the transferor or | ||||||
| 10 | the transferee have not been paid
upon reasonable notice and | ||||||
| 11 | demand.
| ||||||
| 12 | (h) The Department of Natural Resources shall not be
held | ||||||
| 13 | civilly or criminally liable to any person because any | ||||||
| 14 | purported
transferor may not have had the power or authority to | ||||||
| 15 | make a transfer of any
interest in any watercraft.
| ||||||
| 16 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 17 | Section 875. The Juvenile Court Act of 1987 is amended by | ||||||
| 18 | changing Section 2-3 as follows:
| ||||||
| 19 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||||||
| 20 | Sec. 2-3. Neglected or abused minor. | ||||||
| 21 | (1) Those who are neglected include: | ||||||
| 22 | (a) any minor under 18 years of age who is not | ||||||
| 23 | receiving
the proper or necessary support, education as
| ||||||
| 24 | required by law, or medical or other remedial care | ||||||
| |||||||
| |||||||
| 1 | recognized under
State law as necessary for a minor's | ||||||
| 2 | well-being, or other care necessary
for his or her | ||||||
| 3 | well-being, including adequate food, clothing and shelter,
| ||||||
| 4 | or who is abandoned by his or her parent or parents or | ||||||
| 5 | other person or persons responsible for
the minor's | ||||||
| 6 | welfare, except that a minor shall not be considered | ||||||
| 7 | neglected
for the sole reason that the minor's parent or | ||||||
| 8 | parents or other person or persons responsible for the
| ||||||
| 9 | minor's welfare have left the minor in the care of an adult | ||||||
| 10 | relative for any
period of time, who the parent or parents | ||||||
| 11 | or other person responsible for the minor's welfare know is | ||||||
| 12 | both a mentally capable adult relative and physically | ||||||
| 13 | capable adult relative, as defined by this Act; or | ||||||
| 14 | (b) any minor under 18 years of age whose environment | ||||||
| 15 | is injurious
to his or her welfare; or | ||||||
| 16 | (c) any newborn infant whose blood, urine, or meconium
| ||||||
| 17 | contains any amount of a
controlled substance as defined in | ||||||
| 18 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
| 19 | Substances Act, as now or hereafter amended, or a
| ||||||
| 20 | metabolite of a controlled substance, with the exception of | ||||||
| 21 | controlled
substances or metabolites of such substances, | ||||||
| 22 | the presence of which in the
newborn infant is the result | ||||||
| 23 | of medical treatment administered to the
mother or the | ||||||
| 24 | newborn infant; or | ||||||
| 25 | (d) any minor under the age of 14 years whose parent or | ||||||
| 26 | other person
responsible for the minor's welfare leaves the | ||||||
| |||||||
| |||||||
| 1 | minor without
supervision for an unreasonable period of | ||||||
| 2 | time without regard for the mental or
physical health, | ||||||
| 3 | safety, or welfare of that minor; or | ||||||
| 4 | (e) any minor who has been provided with interim crisis | ||||||
| 5 | intervention
services under Section 3-5 of this Act and | ||||||
| 6 | whose parent, guardian, or custodian
refuses to permit the | ||||||
| 7 | minor to return home unless the minor is an immediate | ||||||
| 8 | physical danger to himself, herself, or others living in | ||||||
| 9 | the home.
| ||||||
| 10 | Whether the minor was left without regard for the mental or | ||||||
| 11 | physical health,
safety, or welfare of that minor or the period | ||||||
| 12 | of time was unreasonable shall
be determined by considering the | ||||||
| 13 | following factors, including but not limited
to: | ||||||
| 14 | (1) the age of the minor; | ||||||
| 15 | (2) the number of minors left at the location; | ||||||
| 16 | (3) special needs of the minor, including whether the | ||||||
| 17 | minor is a person with a physical or mental disability | ||||||
| 18 | physically
or mentally handicapped, or otherwise in need of | ||||||
| 19 | ongoing prescribed medical
treatment such as periodic | ||||||
| 20 | doses of insulin or other medications; | ||||||
| 21 | (4) the duration of time in which the minor was left | ||||||
| 22 | without supervision; | ||||||
| 23 | (5) the condition and location of the place where the | ||||||
| 24 | minor was left
without supervision; | ||||||
| 25 | (6) the time of day or night when the minor was left | ||||||
| 26 | without supervision; | ||||||
| |||||||
| |||||||
| 1 | (7) the weather conditions, including whether the | ||||||
| 2 | minor was left in a
location with adequate protection from | ||||||
| 3 | the natural elements such as adequate
heat or light; | ||||||
| 4 | (8) the location of the parent or guardian at the time | ||||||
| 5 | the minor was left
without supervision, the physical | ||||||
| 6 | distance the minor was from the parent or
guardian at the | ||||||
| 7 | time the minor was without supervision; | ||||||
| 8 | (9) whether the minor's movement was restricted, or the | ||||||
| 9 | minor was
otherwise locked within a room or other | ||||||
| 10 | structure; | ||||||
| 11 | (10) whether the minor was given a phone number of a | ||||||
| 12 | person or location to
call in the event of an emergency and | ||||||
| 13 | whether the minor was capable of making
an emergency call; | ||||||
| 14 | (11) whether there was food and other provision left | ||||||
| 15 | for the minor; | ||||||
| 16 | (12) whether any of the conduct is attributable to | ||||||
| 17 | economic hardship or
illness and the parent, guardian or | ||||||
| 18 | other person having physical custody or
control of the | ||||||
| 19 | child made a good faith effort to provide for the health | ||||||
| 20 | and
safety of the minor; | ||||||
| 21 | (13) the age and physical and mental capabilities of | ||||||
| 22 | the person or persons
who provided supervision for the | ||||||
| 23 | minor; | ||||||
| 24 | (14) whether the minor was left under the supervision | ||||||
| 25 | of another person; | ||||||
| 26 | (15) any other factor that would endanger the health | ||||||
| |||||||
| |||||||
| 1 | and safety of that
particular minor. | ||||||
| 2 | A minor shall not be considered neglected for the sole | ||||||
| 3 | reason that the
minor has been relinquished in accordance with | ||||||
| 4 | the Abandoned Newborn Infant
Protection Act. | ||||||
| 5 | (2) Those who are abused include any minor under 18 years | ||||||
| 6 | of age whose
parent or immediate family member, or any person | ||||||
| 7 | responsible
for the minor's welfare, or any person who is in | ||||||
| 8 | the same family or household
as the minor, or any individual | ||||||
| 9 | residing in the same home as the minor, or
a paramour of the | ||||||
| 10 | minor's parent: | ||||||
| 11 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
| 12 | inflicted upon
such minor physical injury, by other than | ||||||
| 13 | accidental means, which causes death,
disfigurement, | ||||||
| 14 | impairment of physical or emotional health, or loss or
| ||||||
| 15 | impairment of any bodily function; | ||||||
| 16 | (ii) creates a substantial risk of physical injury to | ||||||
| 17 | such minor by
other than accidental means which would be | ||||||
| 18 | likely to cause death,
disfigurement, impairment of | ||||||
| 19 | emotional health, or loss or impairment of any
bodily | ||||||
| 20 | function; | ||||||
| 21 | (iii) commits or allows to be committed any sex offense | ||||||
| 22 | against such
minor, as such sex offenses are defined in the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012, or in | ||||||
| 24 | the Wrongs to Children Act, and extending those definitions | ||||||
| 25 | of sex offenses to include minors
under 18 years of age; | ||||||
| 26 | (iv) commits or allows to be committed an act or acts | ||||||
| |||||||
| |||||||
| 1 | of torture upon
such minor; | ||||||
| 2 | (v) inflicts excessive corporal punishment; | ||||||
| 3 | (vi) commits or allows to be committed the offense of | ||||||
| 4 | involuntary servitude, involuntary sexual servitude of a | ||||||
| 5 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
| 6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 7 | upon such minor; or | ||||||
| 8 | (vii) allows, encourages or requires a minor to commit | ||||||
| 9 | any act of prostitution, as defined in the Criminal Code of | ||||||
| 10 | 1961 or the Criminal Code of 2012, and extending those | ||||||
| 11 | definitions to include minors under 18 years of age. | ||||||
| 12 | A minor shall not be considered abused for the sole reason | ||||||
| 13 | that the minor
has been relinquished in accordance with the | ||||||
| 14 | Abandoned Newborn Infant
Protection Act. | ||||||
| 15 | (3) This Section does not apply to a minor who would be | ||||||
| 16 | included
herein solely for the purpose of qualifying for | ||||||
| 17 | financial assistance for
himself, his parents, guardian or | ||||||
| 18 | custodian. | ||||||
| 19 | (Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10; | ||||||
| 20 | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 21 | Section 880. The Criminal Code of 2012 is amended by | ||||||
| 22 | changing Sections 2-10.1, 2-15a, 9-1, 10-1, 10-2, 10-5, | ||||||
| 23 | 11-1.30, 11-1.60, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 12-0.1, | ||||||
| 24 | 12-2, 12-3.05, 12C-10, 16-30, 17-2, 17-6, 17-6.5, 17-10.2, | ||||||
| 25 | 18-1, 18-4, 24-3, 24-3.1, and 48-10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
| ||||||
| 2 | Sec. 2-10.1.
"Person with a severe or profound intellectual | ||||||
| 3 | disability" Severely or profoundly intellectually disabled
| ||||||
| 4 | person" means a person (i)
whose intelligence quotient does not | ||||||
| 5 | exceed 40 or (ii) whose
intelligence quotient does not exceed | ||||||
| 6 | 55 and who suffers
from
significant mental illness to the | ||||||
| 7 | extent that the person's ability to exercise
rational judgment | ||||||
| 8 | is impaired. In any proceeding in which the defendant is
| ||||||
| 9 | charged with committing a violation of Section 10-2, 10-5, | ||||||
| 10 | 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, | ||||||
| 11 | 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision | ||||||
| 12 | (b)(1) of Section 12-3.05, of this Code against a victim who is
| ||||||
| 13 | alleged to be a person with a severe or profound intellectual | ||||||
| 14 | disability severely or profoundly intellectually disabled
| ||||||
| 15 | person, any findings concerning the victim's status as a
person | ||||||
| 16 | with a severe or profound intellectual disability severely or | ||||||
| 17 | profoundly intellectually disabled person, made by a court | ||||||
| 18 | after a
judicial admission hearing concerning the victim under | ||||||
| 19 | Articles V and VI of
Chapter IV of the Mental Health and | ||||||
| 20 | Developmental Disabilities Code
shall be admissible.
| ||||||
| 21 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
| 22 | 98-756, eff. 7-16-14.)
| ||||||
| 23 | (720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
| ||||||
| 24 | Sec. 2-15a. "Person with a physical disability" Physically | ||||||
| |||||||
| |||||||
| 1 | handicapped person". "Person with a physical disability" | ||||||
| 2 | Physically handicapped
person" means a person who suffers from | ||||||
| 3 | a permanent and disabling physical
characteristic, resulting | ||||||
| 4 | from disease, injury, functional disorder, or
congenital | ||||||
| 5 | condition.
| ||||||
| 6 | (Source: P.A. 85-691.)
| ||||||
| 7 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
| 8 | Sec. 9-1. First degree Murder - Death penalties - | ||||||
| 9 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
| 10 | procedures - Reversals.
| ||||||
| 11 | (a) A person who kills an individual without lawful | ||||||
| 12 | justification commits
first degree murder if, in performing the | ||||||
| 13 | acts which cause the death:
| ||||||
| 14 | (1) he either intends to kill or do great bodily harm | ||||||
| 15 | to that
individual or another, or knows that such acts will | ||||||
| 16 | cause death to that
individual or another; or
| ||||||
| 17 | (2) he knows that such acts create a strong probability | ||||||
| 18 | of death or
great bodily harm to that individual or | ||||||
| 19 | another; or
| ||||||
| 20 | (3) he is attempting or committing a forcible felony | ||||||
| 21 | other than
second degree murder.
| ||||||
| 22 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
| 23 | commission of the offense has attained the age of 18 or more | ||||||
| 24 | and who has
been found guilty of first degree murder may be | ||||||
| 25 | sentenced to death if:
| ||||||
| |||||||
| |||||||
| 1 | (1) the murdered individual was a peace officer or | ||||||
| 2 | fireman killed in
the course of performing his official | ||||||
| 3 | duties, to prevent the performance
of his official duties, | ||||||
| 4 | or in retaliation for performing his official
duties, and | ||||||
| 5 | the defendant knew or
should have known that the murdered | ||||||
| 6 | individual was a peace officer or
fireman; or
| ||||||
| 7 | (2) the murdered individual was an employee of an | ||||||
| 8 | institution or
facility of the Department of Corrections, | ||||||
| 9 | or any similar local
correctional agency, killed in the | ||||||
| 10 | course of performing his official
duties, to prevent the | ||||||
| 11 | performance of his official duties, or in
retaliation for | ||||||
| 12 | performing his official duties, or the murdered
individual | ||||||
| 13 | was an inmate at such institution or facility and was | ||||||
| 14 | killed on the
grounds thereof, or the murdered individual | ||||||
| 15 | was otherwise present in such
institution or facility with | ||||||
| 16 | the knowledge and approval of the chief
administrative | ||||||
| 17 | officer thereof; or
| ||||||
| 18 | (3) the defendant has been convicted of murdering two | ||||||
| 19 | or more
individuals under subsection (a) of this Section or | ||||||
| 20 | under any law of the
United States or of any state which is | ||||||
| 21 | substantially similar to
subsection (a) of this Section | ||||||
| 22 | regardless of whether the deaths
occurred as the result of | ||||||
| 23 | the same act or of several related or
unrelated acts so | ||||||
| 24 | long as the deaths were the result of either an intent
to | ||||||
| 25 | kill more than one person or of separate acts which
the | ||||||
| 26 | defendant knew would cause death or create a strong | ||||||
| |||||||
| |||||||
| 1 | probability of
death or great bodily harm to the murdered | ||||||
| 2 | individual or another; or
| ||||||
| 3 | (4) the murdered individual was killed as a result of | ||||||
| 4 | the
hijacking of an airplane, train, ship, bus or other | ||||||
| 5 | public conveyance; or
| ||||||
| 6 | (5) the defendant committed the murder pursuant to a | ||||||
| 7 | contract,
agreement or understanding by which he was to | ||||||
| 8 | receive money or anything
of value in return for committing | ||||||
| 9 | the murder or procured another to
commit the murder for | ||||||
| 10 | money or anything of value; or
| ||||||
| 11 | (6) the murdered individual was killed in the course of | ||||||
| 12 | another felony if:
| ||||||
| 13 | (a) the murdered individual:
| ||||||
| 14 | (i) was actually killed by the defendant, or
| ||||||
| 15 | (ii) received physical injuries personally | ||||||
| 16 | inflicted by the defendant
substantially | ||||||
| 17 | contemporaneously with physical injuries caused by | ||||||
| 18 | one or
more persons for whose conduct the defendant | ||||||
| 19 | is legally accountable under
Section 5-2 of this | ||||||
| 20 | Code, and the physical injuries inflicted by | ||||||
| 21 | either
the defendant or the other person or persons | ||||||
| 22 | for whose conduct he is legally
accountable caused | ||||||
| 23 | the death of the murdered individual; and
| ||||||
| 24 | (b) in performing the acts which caused the death | ||||||
| 25 | of the murdered
individual or which resulted in | ||||||
| 26 | physical injuries personally inflicted by
the | ||||||
| |||||||
| |||||||
| 1 | defendant on the murdered individual under the | ||||||
| 2 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
| 3 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
| 4 | defendant acted with the intent to kill the murdered
| ||||||
| 5 | individual or with the knowledge that his acts created | ||||||
| 6 | a strong probability
of death or great bodily harm to | ||||||
| 7 | the murdered individual or another; and
| ||||||
| 8 | (c) the other felony was an inherently violent | ||||||
| 9 | crime
or the attempt to commit an inherently
violent | ||||||
| 10 | crime.
In this subparagraph (c), "inherently violent | ||||||
| 11 | crime" includes, but is not
limited to, armed robbery, | ||||||
| 12 | robbery, predatory criminal sexual assault of a
child,
| ||||||
| 13 | aggravated criminal sexual assault, aggravated | ||||||
| 14 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
| 15 | arson, aggravated stalking, residential burglary, and | ||||||
| 16 | home
invasion; or
| ||||||
| 17 | (7) the murdered individual was under 12 years of age | ||||||
| 18 | and the
death resulted from exceptionally brutal or heinous | ||||||
| 19 | behavior indicative of
wanton cruelty; or
| ||||||
| 20 | (8) the defendant committed the murder with intent to
| ||||||
| 21 | prevent the murdered individual from testifying or | ||||||
| 22 | participating in any
criminal investigation or prosecution
| ||||||
| 23 | or giving material assistance to the State in any | ||||||
| 24 | investigation or
prosecution, either against the defendant | ||||||
| 25 | or another; or the defendant
committed the murder because | ||||||
| 26 | the murdered individual was a witness in any
prosecution or | ||||||
| |||||||
| |||||||
| 1 | gave material assistance to the State in any investigation
| ||||||
| 2 | or prosecution, either against the defendant or another;
| ||||||
| 3 | for purposes of this paragraph (8), "participating in any | ||||||
| 4 | criminal
investigation
or prosecution" is intended to | ||||||
| 5 | include those appearing in the proceedings in
any capacity | ||||||
| 6 | such as trial judges, prosecutors, defense attorneys,
| ||||||
| 7 | investigators, witnesses, or jurors; or
| ||||||
| 8 | (9) the defendant, while committing an offense | ||||||
| 9 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
| 10 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
| 11 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
| 12 | conspiracy or solicitation to commit such offense, | ||||||
| 13 | intentionally killed an
individual or counseled, | ||||||
| 14 | commanded, induced, procured or caused the
intentional | ||||||
| 15 | killing of the murdered individual; or
| ||||||
| 16 | (10) the defendant was incarcerated in an institution | ||||||
| 17 | or facility of
the Department of Corrections at the time of | ||||||
| 18 | the murder, and while
committing an offense punishable as a | ||||||
| 19 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
| 20 | or solicitation to commit such offense,
intentionally | ||||||
| 21 | killed an individual or counseled, commanded, induced,
| ||||||
| 22 | procured or caused the intentional killing of the murdered | ||||||
| 23 | individual; or
| ||||||
| 24 | (11) the murder was committed in a cold, calculated and | ||||||
| 25 | premeditated
manner pursuant to a preconceived plan, | ||||||
| 26 | scheme or design to take a human
life by unlawful means, | ||||||
| |||||||
| |||||||
| 1 | and the conduct of the defendant created a
reasonable | ||||||
| 2 | expectation that the death of a human being would result
| ||||||
| 3 | therefrom; or
| ||||||
| 4 | (12) the murdered individual was an emergency medical | ||||||
| 5 | technician -
ambulance, emergency medical technician - | ||||||
| 6 | intermediate, emergency medical
technician - paramedic, | ||||||
| 7 | ambulance driver, or
other medical assistance or first aid | ||||||
| 8 | personnel, employed by a municipality
or other | ||||||
| 9 | governmental unit, killed in the course of performing his | ||||||
| 10 | official
duties, to prevent the performance of his official | ||||||
| 11 | duties, or in retaliation
for performing his official | ||||||
| 12 | duties, and the defendant knew or should have
known that | ||||||
| 13 | the murdered individual was an emergency medical | ||||||
| 14 | technician -
ambulance, emergency medical technician - | ||||||
| 15 | intermediate, emergency medical
technician - paramedic, | ||||||
| 16 | ambulance driver, or
other medical assistance or first aid | ||||||
| 17 | personnel; or
| ||||||
| 18 | (13) the defendant was a principal administrator, | ||||||
| 19 | organizer, or leader
of a calculated criminal drug | ||||||
| 20 | conspiracy consisting of a hierarchical position
of | ||||||
| 21 | authority superior to that of all other members of the | ||||||
| 22 | conspiracy, and the
defendant counseled, commanded, | ||||||
| 23 | induced, procured, or caused the intentional
killing of the | ||||||
| 24 | murdered person;
or
| ||||||
| 25 | (14) the murder was intentional and involved the | ||||||
| 26 | infliction of torture.
For
the purpose of this Section | ||||||
| |||||||
| |||||||
| 1 | torture means the infliction of or subjection to
extreme | ||||||
| 2 | physical pain, motivated by an intent to increase or | ||||||
| 3 | prolong the pain,
suffering or agony of the victim; or
| ||||||
| 4 | (15) the murder was committed as a result of the | ||||||
| 5 | intentional discharge
of a firearm by the defendant from a | ||||||
| 6 | motor vehicle and the victim was not
present within the | ||||||
| 7 | motor vehicle; or
| ||||||
| 8 | (16) the murdered individual was 60 years of age or | ||||||
| 9 | older and the death
resulted
from exceptionally brutal or | ||||||
| 10 | heinous behavior indicative of wanton cruelty; or
| ||||||
| 11 | (17) the murdered individual was a person with a | ||||||
| 12 | disability disabled person and the defendant knew
or
should | ||||||
| 13 | have known that the murdered individual was a person with a | ||||||
| 14 | disability disabled. For purposes of
this paragraph (17), | ||||||
| 15 | "person with a disability disabled person" means a person | ||||||
| 16 | who suffers from a
permanent physical or mental impairment | ||||||
| 17 | resulting from disease, an injury,
a functional disorder, | ||||||
| 18 | or a congenital condition that renders the person
incapable | ||||||
| 19 | of
adequately providing for his or her own health or | ||||||
| 20 | personal care; or
| ||||||
| 21 | (18) the murder was committed by reason of any person's | ||||||
| 22 | activity as a
community policing volunteer or to prevent | ||||||
| 23 | any person from engaging in activity
as a community | ||||||
| 24 | policing volunteer; or
| ||||||
| 25 | (19) the murdered individual was subject to an order of | ||||||
| 26 | protection and the
murder was committed by a person against | ||||||
| |||||||
| |||||||
| 1 | whom the same order of protection was
issued under the | ||||||
| 2 | Illinois Domestic Violence Act of 1986; or
| ||||||
| 3 | (20) the murdered individual was known by the defendant | ||||||
| 4 | to be a teacher or
other person employed in any school and | ||||||
| 5 | the teacher or other employee is upon
the grounds of a | ||||||
| 6 | school or grounds adjacent to a school, or is in any part | ||||||
| 7 | of a
building used for school purposes; or
| ||||||
| 8 | (21) the murder was committed by the defendant in | ||||||
| 9 | connection with or as
a
result of the offense of terrorism | ||||||
| 10 | as defined in Section 29D-14.9 of this
Code.
| ||||||
| 11 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
| 12 | defendant who has been found guilty of first degree murder and | ||||||
| 13 | who at the time of the commission of the offense had attained | ||||||
| 14 | the age of 18 years or more may be sentenced to natural life | ||||||
| 15 | imprisonment if
(i) the murdered individual was a physician, | ||||||
| 16 | physician assistant, psychologist, nurse, or advanced practice | ||||||
| 17 | nurse, (ii) the defendant knew or should have
known that the | ||||||
| 18 | murdered individual was a physician, physician assistant, | ||||||
| 19 | psychologist, nurse, or advanced practice nurse, and (iii) the | ||||||
| 20 | murdered individual was killed in the course of acting in his | ||||||
| 21 | or her capacity as a physician, physician assistant, | ||||||
| 22 | psychologist, nurse, or advanced practice nurse, or to prevent | ||||||
| 23 | him or her from acting in that capacity, or in retaliation
for | ||||||
| 24 | his or her acting in that capacity. | ||||||
| 25 | (c) Consideration of factors in Aggravation and | ||||||
| 26 | Mitigation.
| ||||||
| |||||||
| |||||||
| 1 | The court shall consider, or shall instruct the jury to | ||||||
| 2 | consider any
aggravating and any mitigating factors which are | ||||||
| 3 | relevant to the
imposition of the death penalty. Aggravating | ||||||
| 4 | factors may include but
need not be limited to those factors | ||||||
| 5 | set forth in subsection (b).
Mitigating factors may include but | ||||||
| 6 | need not be limited to the following:
| ||||||
| 7 | (1) the defendant has no significant history of prior | ||||||
| 8 | criminal
activity;
| ||||||
| 9 | (2) the murder was committed while the defendant was | ||||||
| 10 | under
the influence of extreme mental or emotional | ||||||
| 11 | disturbance, although not such
as to constitute a defense | ||||||
| 12 | to prosecution;
| ||||||
| 13 | (3) the murdered individual was a participant in the
| ||||||
| 14 | defendant's homicidal conduct or consented to the | ||||||
| 15 | homicidal act;
| ||||||
| 16 | (4) the defendant acted under the compulsion of threat | ||||||
| 17 | or
menace of the imminent infliction of death or great | ||||||
| 18 | bodily harm;
| ||||||
| 19 | (5) the defendant was not personally present during
| ||||||
| 20 | commission of the act or acts causing death;
| ||||||
| 21 | (6) the defendant's background includes a history of | ||||||
| 22 | extreme emotional
or physical abuse;
| ||||||
| 23 | (7) the defendant suffers from a reduced mental | ||||||
| 24 | capacity.
| ||||||
| 25 | (d) Separate sentencing hearing.
| ||||||
| 26 | Where requested by the State, the court shall conduct a | ||||||
| |||||||
| |||||||
| 1 | separate
sentencing proceeding to determine the existence of | ||||||
| 2 | factors set forth in
subsection (b) and to consider any | ||||||
| 3 | aggravating or mitigating factors as
indicated in subsection | ||||||
| 4 | (c). The proceeding shall be conducted:
| ||||||
| 5 | (1) before the jury that determined the defendant's | ||||||
| 6 | guilt; or
| ||||||
| 7 | (2) before a jury impanelled for the purpose of the | ||||||
| 8 | proceeding if:
| ||||||
| 9 | A. the defendant was convicted upon a plea of | ||||||
| 10 | guilty; or
| ||||||
| 11 | B. the defendant was convicted after a trial before | ||||||
| 12 | the court
sitting without a jury; or
| ||||||
| 13 | C. the court for good cause shown discharges the | ||||||
| 14 | jury that
determined the defendant's guilt; or
| ||||||
| 15 | (3) before the court alone if the defendant waives a | ||||||
| 16 | jury
for the separate proceeding.
| ||||||
| 17 | (e) Evidence and Argument.
| ||||||
| 18 | During the proceeding any information relevant to any of | ||||||
| 19 | the factors
set forth in subsection (b) may be presented by | ||||||
| 20 | either the State or the
defendant under the rules governing the | ||||||
| 21 | admission of evidence at
criminal trials. Any information | ||||||
| 22 | relevant to any additional aggravating
factors or any | ||||||
| 23 | mitigating factors indicated in subsection (c) may be
presented | ||||||
| 24 | by the State or defendant regardless of its admissibility
under | ||||||
| 25 | the rules governing the admission of evidence at criminal | ||||||
| 26 | trials.
The State and the defendant shall be given fair | ||||||
| |||||||
| |||||||
| 1 | opportunity to rebut any
information received at the hearing.
| ||||||
| 2 | (f) Proof.
| ||||||
| 3 | The burden of proof of establishing the existence of any of | ||||||
| 4 | the
factors set forth in subsection (b) is on the State and | ||||||
| 5 | shall not be
satisfied unless established beyond a reasonable | ||||||
| 6 | doubt.
| ||||||
| 7 | (g) Procedure - Jury.
| ||||||
| 8 | If at the separate sentencing proceeding the jury finds | ||||||
| 9 | that none of
the factors set forth in subsection (b) exists, | ||||||
| 10 | the court shall sentence
the defendant to a term of | ||||||
| 11 | imprisonment under Chapter V of the Unified
Code of | ||||||
| 12 | Corrections. If there is a unanimous finding by the jury that
| ||||||
| 13 | one or more of the factors set forth in subsection (b) exist, | ||||||
| 14 | the jury
shall consider aggravating and mitigating factors as | ||||||
| 15 | instructed by the
court and shall determine whether the | ||||||
| 16 | sentence of death shall be
imposed. If the jury determines | ||||||
| 17 | unanimously, after weighing the factors in
aggravation and | ||||||
| 18 | mitigation, that death is the appropriate sentence, the court | ||||||
| 19 | shall sentence the defendant to death.
If the court does not | ||||||
| 20 | concur with the jury determination that death is the
| ||||||
| 21 | appropriate sentence, the court shall set forth reasons in | ||||||
| 22 | writing
including what facts or circumstances the court relied | ||||||
| 23 | upon,
along with any relevant
documents, that compelled the | ||||||
| 24 | court to non-concur with the sentence. This
document and any | ||||||
| 25 | attachments shall be part of the record for appellate
review. | ||||||
| 26 | The court shall be bound by the jury's sentencing | ||||||
| |||||||
| |||||||
| 1 | determination.
| ||||||
| 2 | If after weighing the factors in aggravation and | ||||||
| 3 | mitigation, one or more
jurors determines that death is not the | ||||||
| 4 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
| 5 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
| 6 | Corrections.
| ||||||
| 7 | (h) Procedure - No Jury.
| ||||||
| 8 | In a proceeding before the court alone, if the court finds | ||||||
| 9 | that none
of the factors found in subsection (b) exists, the | ||||||
| 10 | court shall sentence
the defendant to a term of imprisonment | ||||||
| 11 | under Chapter V of the Unified
Code of Corrections.
| ||||||
| 12 | If the Court determines that one or more of the factors set | ||||||
| 13 | forth in
subsection (b) exists, the Court shall consider any | ||||||
| 14 | aggravating and
mitigating factors as indicated in subsection | ||||||
| 15 | (c). If the Court
determines, after weighing the factors in | ||||||
| 16 | aggravation and mitigation, that
death is the appropriate | ||||||
| 17 | sentence, the Court shall sentence the
defendant to death.
| ||||||
| 18 | If
the court finds that death is not the
appropriate | ||||||
| 19 | sentence, the
court shall sentence the defendant to a term of | ||||||
| 20 | imprisonment under
Chapter V of the Unified Code of | ||||||
| 21 | Corrections.
| ||||||
| 22 | (h-5) Decertification as a capital case.
| ||||||
| 23 | In a case in which the defendant has been found guilty of | ||||||
| 24 | first degree murder
by a judge or jury, or a case on remand for | ||||||
| 25 | resentencing, and the State seeks
the death penalty as an | ||||||
| 26 | appropriate
sentence,
on the court's own motion or the written | ||||||
| |||||||
| |||||||
| 1 | motion of the defendant, the court
may decertify the case as a | ||||||
| 2 | death penalty case if the court finds that the only
evidence | ||||||
| 3 | supporting the defendant's conviction is the uncorroborated | ||||||
| 4 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
| 5 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
| 6 | confession or admission of the defendant or
that the sole | ||||||
| 7 | evidence against the defendant is a single eyewitness or single
| ||||||
| 8 | accomplice without any other corroborating evidence.
If the | ||||||
| 9 | court decertifies the case as a capital case
under either of | ||||||
| 10 | the grounds set forth above, the court shall issue a
written | ||||||
| 11 | finding. The State may pursue its right to appeal the | ||||||
| 12 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
| 13 | the court does not
decertify the case as a capital case, the | ||||||
| 14 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
| 15 | hearing.
| ||||||
| 16 | (i) Appellate Procedure.
| ||||||
| 17 | The conviction and sentence of death shall be subject to | ||||||
| 18 | automatic
review by the Supreme Court. Such review shall be in | ||||||
| 19 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
| 20 | Illinois Supreme Court may overturn the death sentence, and | ||||||
| 21 | order the
imposition of imprisonment under Chapter V of the | ||||||
| 22 | Unified Code of
Corrections if the court finds that the death | ||||||
| 23 | sentence is fundamentally
unjust as applied to the particular | ||||||
| 24 | case.
If the Illinois Supreme Court finds that the
death | ||||||
| 25 | sentence is fundamentally unjust as applied to the particular | ||||||
| 26 | case,
independent of any procedural grounds for relief, the | ||||||
| |||||||
| |||||||
| 1 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
| 2 | this finding.
| ||||||
| 3 | (j) Disposition of reversed death sentence.
| ||||||
| 4 | In the event that the death penalty in this Act is held to | ||||||
| 5 | be
unconstitutional by the Supreme Court of the United States | ||||||
| 6 | or of the
State of Illinois, any person convicted of first | ||||||
| 7 | degree murder shall be
sentenced by the court to a term of | ||||||
| 8 | imprisonment under Chapter V of the
Unified Code of | ||||||
| 9 | Corrections.
| ||||||
| 10 | In the event that any death sentence pursuant to the | ||||||
| 11 | sentencing
provisions of this Section is declared | ||||||
| 12 | unconstitutional by the Supreme
Court of the United States or | ||||||
| 13 | of the State of Illinois, the court having
jurisdiction over a | ||||||
| 14 | person previously sentenced to death shall cause the
defendant | ||||||
| 15 | to be brought before the court, and the court shall sentence
| ||||||
| 16 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
| 17 | Unified Code of Corrections.
| ||||||
| 18 | (k) Guidelines for seeking the death penalty.
| ||||||
| 19 | The Attorney General and
State's Attorneys Association | ||||||
| 20 | shall consult on voluntary guidelines for
procedures governing | ||||||
| 21 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
| 22 | have the force of law and are only advisory in nature.
| ||||||
| 23 | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
| ||||||
| 24 | (720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
| ||||||
| 25 | Sec. 10-1. Kidnapping. | ||||||
| |||||||
| |||||||
| 1 | (a) A person commits the offense of kidnapping when he or | ||||||
| 2 | she knowingly: | ||||||
| 3 | (1) and secretly confines another against his or her | ||||||
| 4 | will;
| ||||||
| 5 | (2) by force or threat of imminent force carries | ||||||
| 6 | another from one place
to another with intent secretly to | ||||||
| 7 | confine that other person against his or her will; or
| ||||||
| 8 | (3) by deceit or enticement induces another to go from | ||||||
| 9 | one place to
another with intent secretly to confine that | ||||||
| 10 | other person against his or her will.
| ||||||
| 11 | (b) Confinement of a child under the age of 13 years, or of | ||||||
| 12 | a person with a severe or profound intellectual disability | ||||||
| 13 | severely or profoundly intellectually disabled person, is | ||||||
| 14 | against that child's or person's
will within the meaning of | ||||||
| 15 | this Section if that confinement is without the
consent of that | ||||||
| 16 | child's or person's parent or legal guardian.
| ||||||
| 17 | (c) Sentence. Kidnapping is a Class 2 felony.
| ||||||
| 18 | (Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
| ||||||
| 19 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| ||||||
| 20 | Sec. 10-2. Aggravated kidnaping.
| ||||||
| 21 | (a) A person commits the offense of
aggravated kidnaping | ||||||
| 22 | when he or she commits kidnapping and:
| ||||||
| 23 | (1) kidnaps with the intent to obtain ransom from the | ||||||
| 24 | person
kidnaped or from any other person;
| ||||||
| 25 | (2) takes as his or her victim a child under the age of | ||||||
| |||||||
| |||||||
| 1 | 13 years, or a person with a severe or profound | ||||||
| 2 | intellectual disability severely or profoundly | ||||||
| 3 | intellectually disabled person;
| ||||||
| 4 | (3) inflicts great bodily harm, other than by the | ||||||
| 5 | discharge of a
firearm, or commits another felony upon his | ||||||
| 6 | or her
victim;
| ||||||
| 7 | (4) wears a hood, robe, or mask or conceals his or her | ||||||
| 8 | identity;
| ||||||
| 9 | (5) commits the offense of kidnaping while armed with a | ||||||
| 10 | dangerous
weapon, other than a firearm, as defined in | ||||||
| 11 | Section 33A-1 of this
Code;
| ||||||
| 12 | (6) commits the offense of kidnaping while armed with a | ||||||
| 13 | firearm;
| ||||||
| 14 | (7) during the commission of the offense of kidnaping, | ||||||
| 15 | personally
discharges a firearm; or
| ||||||
| 16 | (8) during the commission of the offense of kidnaping, | ||||||
| 17 | personally discharges
a firearm that proximately causes | ||||||
| 18 | great bodily harm, permanent
disability, permanent | ||||||
| 19 | disfigurement, or death to another person.
| ||||||
| 20 | As used in this Section, "ransom" includes money, benefit, | ||||||
| 21 | or other
valuable thing or concession.
| ||||||
| 22 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
| 23 | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | ||||||
| 24 | Class X felony.
A violation of subsection (a)(6) is a Class X | ||||||
| 25 | felony for which 15 years
shall be added to the term of | ||||||
| 26 | imprisonment imposed by the court. A violation of
subsection | ||||||
| |||||||
| |||||||
| 1 | (a)(7) is a Class X felony for which 20 years shall be added to | ||||||
| 2 | the
term of imprisonment imposed by the court. A violation of | ||||||
| 3 | subsection (a)(8) is
a Class X felony for which 25 years or up | ||||||
| 4 | to a term of natural life shall be
added to the term of | ||||||
| 5 | imprisonment imposed by the court.
| ||||||
| 6 | A person who is convicted of a second or subsequent offense | ||||||
| 7 | of
aggravated kidnaping shall be sentenced to a term of natural | ||||||
| 8 | life imprisonment; except
that a sentence of natural life | ||||||
| 9 | imprisonment shall not be
imposed under this Section unless the | ||||||
| 10 | second or subsequent offense was
committed after conviction on | ||||||
| 11 | the first offense.
| ||||||
| 12 | (Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
| ||||||
| 13 | (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
| ||||||
| 14 | Sec. 10-5. Child abduction.
| ||||||
| 15 | (a) For purposes of this Section, the following terms have
| ||||||
| 16 | the following meanings:
| ||||||
| 17 | (1) "Child" means a person who, at the time the alleged | ||||||
| 18 | violation occurred, was under the age of 18 or
was a person | ||||||
| 19 | with a severe or profound intellectual disability severely | ||||||
| 20 | or profoundly intellectually disabled.
| ||||||
| 21 | (2) "Detains" means taking or retaining physical | ||||||
| 22 | custody of a child,
whether or not the child resists or | ||||||
| 23 | objects.
| ||||||
| 24 | (2.1) "Express consent" means oral or written | ||||||
| 25 | permission that is positive, direct, and unequivocal, | ||||||
| |||||||
| |||||||
| 1 | requiring no inference or implication to supply its | ||||||
| 2 | meaning. | ||||||
| 3 | (2.2) "Luring" means any knowing act to solicit, | ||||||
| 4 | entice, tempt, or attempt to attract the minor.
| ||||||
| 5 | (3) "Lawful custodian" means a person or persons | ||||||
| 6 | granted legal custody
of a child or entitled to physical | ||||||
| 7 | possession of a child pursuant to a
court order. It is | ||||||
| 8 | presumed that, when the parties have never been
married to | ||||||
| 9 | each other, the mother has legal custody of the child | ||||||
| 10 | unless a
valid court order states otherwise. If an | ||||||
| 11 | adjudication of paternity has
been completed and the father | ||||||
| 12 | has been assigned support obligations or
visitation | ||||||
| 13 | rights, such a paternity order should, for the purposes of | ||||||
| 14 | this
Section, be considered a valid court order granting | ||||||
| 15 | custody to the mother.
| ||||||
| 16 | (4) "Putative father" means a man who has a reasonable | ||||||
| 17 | belief that he is the father of a child born of a woman who | ||||||
| 18 | is not his wife. | ||||||
| 19 | (5) "Unlawful purpose" means any misdemeanor or felony | ||||||
| 20 | violation of State law or a similar federal or sister state | ||||||
| 21 | law or local ordinance. | ||||||
| 22 | (b) A person commits the offense of child abduction when he | ||||||
| 23 | or she does any one of the following:
| ||||||
| 24 | (1) Intentionally violates any terms of a valid court | ||||||
| 25 | order granting
sole or joint custody, care, or possession | ||||||
| 26 | to another by concealing or
detaining the child or removing | ||||||
| |||||||
| |||||||
| 1 | the child from the jurisdiction of the
court.
| ||||||
| 2 | (2) Intentionally violates a court order prohibiting | ||||||
| 3 | the person from
concealing or detaining the child or | ||||||
| 4 | removing the child
from the jurisdiction of the court.
| ||||||
| 5 | (3) Intentionally conceals, detains, or removes the | ||||||
| 6 | child without the
consent of the mother or lawful custodian | ||||||
| 7 | of the child if the person is a
putative father and either: | ||||||
| 8 | (A) the paternity of the child has not been
legally | ||||||
| 9 | established or (B) the paternity of the child has been | ||||||
| 10 | legally
established but no orders relating to custody have | ||||||
| 11 | been entered. Notwithstanding the presumption created by | ||||||
| 12 | paragraph (3) of subsection (a),
however, a mother commits | ||||||
| 13 | child abduction when she intentionally conceals or removes
| ||||||
| 14 | a child, whom she has abandoned or relinquished custody of, | ||||||
| 15 | from an
unadjudicated father who has provided sole ongoing | ||||||
| 16 | care and custody of the
child in her absence.
| ||||||
| 17 | (4) Intentionally conceals or removes the child from a | ||||||
| 18 | parent after
filing a petition or being served with process | ||||||
| 19 | in an action affecting
marriage or paternity but prior to | ||||||
| 20 | the issuance of a temporary or final
order determining | ||||||
| 21 | custody.
| ||||||
| 22 | (5) At the expiration of visitation rights outside the | ||||||
| 23 | State,
intentionally fails or refuses to return or impedes | ||||||
| 24 | the return of the child
to the lawful custodian in | ||||||
| 25 | Illinois.
| ||||||
| 26 | (6) Being a parent of the child, and if the parents of | ||||||
| |||||||
| |||||||
| 1 | that child
are or have been married and there has been no | ||||||
| 2 | court order of custody,
knowingly conceals the child for 15 | ||||||
| 3 | days, and fails to make reasonable attempts
within the | ||||||
| 4 | 15-day period to notify the other parent as to the specific
| ||||||
| 5 | whereabouts of the child, including a means by which to | ||||||
| 6 | contact the child,
or to arrange reasonable visitation or | ||||||
| 7 | contact with the child. It is not a
violation of this | ||||||
| 8 | Section for a person fleeing domestic violence to take
the | ||||||
| 9 | child with him or her to housing provided by a domestic | ||||||
| 10 | violence program.
| ||||||
| 11 | (7) Being a parent of the child, and if the parents of | ||||||
| 12 | the child
are or have been married and there has been no | ||||||
| 13 | court order of
custody, knowingly conceals, detains, or | ||||||
| 14 | removes the child with physical force or
threat of physical | ||||||
| 15 | force.
| ||||||
| 16 | (8) Knowingly conceals, detains, or removes the child | ||||||
| 17 | for payment or promise of
payment at the instruction of a | ||||||
| 18 | person who has no legal right to custody.
| ||||||
| 19 | (9) Knowingly retains in this State for 30 days a child | ||||||
| 20 | removed from another state
without the consent of the | ||||||
| 21 | lawful custodian or in violation of a valid
court order of | ||||||
| 22 | custody.
| ||||||
| 23 | (10) Intentionally lures or attempts to lure a child: | ||||||
| 24 | (A) under the age of 17 or (B) while traveling to or from a | ||||||
| 25 | primary or secondary school
into a motor vehicle, building, | ||||||
| 26 | housetrailer, or dwelling place without the
consent of the | ||||||
| |||||||
| |||||||
| 1 | child's parent or lawful custodian for other than a lawful | ||||||
| 2 | purpose. For the purposes of this item (10), the trier of | ||||||
| 3 | fact may infer that luring
or attempted luring of a child | ||||||
| 4 | under the age of 17 into a motor vehicle,
building, | ||||||
| 5 | housetrailer, or dwelling place without the express | ||||||
| 6 | consent of the child's parent
or lawful custodian or with | ||||||
| 7 | the intent to avoid the express consent of the child's | ||||||
| 8 | parent or lawful custodian was for other
than a lawful | ||||||
| 9 | purpose.
| ||||||
| 10 | (11) With the intent to obstruct or prevent efforts to | ||||||
| 11 | locate the child victim of a child abduction, knowingly | ||||||
| 12 | destroys, alters, conceals, or disguises physical evidence | ||||||
| 13 | or furnishes false information. | ||||||
| 14 | (c) It is an affirmative defense to subsections (b)(1) | ||||||
| 15 | through (b)(10) of this Section that:
| ||||||
| 16 | (1) the person had custody of the child pursuant to a | ||||||
| 17 | court order
granting legal custody or visitation rights | ||||||
| 18 | that existed at the time of
the alleged violation;
| ||||||
| 19 | (2) the person had physical custody of the child | ||||||
| 20 | pursuant to a court
order granting legal custody or | ||||||
| 21 | visitation rights and failed to return the
child as a | ||||||
| 22 | result of circumstances beyond his or her control, and the
| ||||||
| 23 | person notified and disclosed to the other parent or legal | ||||||
| 24 | custodian the
specific whereabouts of the child and a means | ||||||
| 25 | by which the child could be
contacted or made a reasonable | ||||||
| 26 | attempt to notify the other parent or lawful
custodian of | ||||||
| |||||||
| |||||||
| 1 | the child of those circumstances and made the disclosure
| ||||||
| 2 | within 24 hours after the visitation period had expired and | ||||||
| 3 | returned the
child as soon as possible;
| ||||||
| 4 | (3) the person was fleeing an incidence or pattern of | ||||||
| 5 | domestic violence; or
| ||||||
| 6 | (4) the person lured or attempted to lure a child under | ||||||
| 7 | the age of 17
into a motor vehicle, building, housetrailer, | ||||||
| 8 | or dwelling place for a
lawful purpose in prosecutions | ||||||
| 9 | under paragraph (10) of subsection (b).
| ||||||
| 10 | (d) A person convicted of child abduction under this | ||||||
| 11 | Section is guilty of
a Class 4 felony. A person convicted of | ||||||
| 12 | child abduction under subsection (b)(10) shall undergo a sex | ||||||
| 13 | offender evaluation prior to a sentence being imposed. A person | ||||||
| 14 | convicted of a second or subsequent violation of
paragraph (10) | ||||||
| 15 | of subsection (b) of this Section is guilty of a Class 3
| ||||||
| 16 | felony. A person convicted of child abduction under subsection | ||||||
| 17 | (b)(10) when the person has a prior conviction of a sex offense | ||||||
| 18 | as defined in the Sex Offender Registration Act or any | ||||||
| 19 | substantially similar federal, Uniform Code of Military | ||||||
| 20 | Justice, sister state, or foreign government offense is guilty | ||||||
| 21 | of a Class 2 felony. It is a factor in aggravation under | ||||||
| 22 | subsections (b)(1) through (b)(10) of this Section for which a | ||||||
| 23 | court
may impose a more severe sentence under Section 5-8-1 | ||||||
| 24 | (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified | ||||||
| 25 | Code
of Corrections if, upon sentencing, the court finds | ||||||
| 26 | evidence of any of the
following aggravating factors:
| ||||||
| |||||||
| |||||||
| 1 | (1) that the defendant abused or neglected the child | ||||||
| 2 | following the
concealment, detention, or removal of the | ||||||
| 3 | child;
| ||||||
| 4 | (2) that the defendant inflicted or threatened to | ||||||
| 5 | inflict physical harm
on a parent or lawful custodian of | ||||||
| 6 | the child or on the child with intent to
cause that parent | ||||||
| 7 | or lawful custodian to discontinue criminal prosecution
of | ||||||
| 8 | the defendant under this Section;
| ||||||
| 9 | (3) that the defendant demanded payment in exchange for | ||||||
| 10 | return of the
child or demanded that he or she be relieved | ||||||
| 11 | of the financial or legal
obligation to support the child | ||||||
| 12 | in exchange for return of the child;
| ||||||
| 13 | (4) that the defendant has previously been convicted of | ||||||
| 14 | child abduction;
| ||||||
| 15 | (5) that the defendant committed the abduction while | ||||||
| 16 | armed with a deadly
weapon or the taking of the child | ||||||
| 17 | resulted in serious bodily injury to
another; or
| ||||||
| 18 | (6) that the defendant committed the abduction while in | ||||||
| 19 | a school,
regardless of the time of day or time of year; in | ||||||
| 20 | a playground; on any
conveyance owned,
leased, or | ||||||
| 21 | contracted by a school to transport students to or from | ||||||
| 22 | school or a
school related activity; on the real property | ||||||
| 23 | of a school;
or on a
public way within 1,000 feet of the | ||||||
| 24 | real property comprising any school or
playground. For | ||||||
| 25 | purposes of this paragraph (6), "playground" means a piece
| ||||||
| 26 | of land owned or controlled by a unit of local government | ||||||
| |||||||
| |||||||
| 1 | that is designated by
the unit of local government for use | ||||||
| 2 | solely or primarily for children's
recreation;
and | ||||||
| 3 | "school" means a public or private
elementary or secondary | ||||||
| 4 | school, community college, college, or university.
| ||||||
| 5 | (e) The court may order the child to be returned to the | ||||||
| 6 | parent or lawful
custodian from whom the child was concealed, | ||||||
| 7 | detained, or removed. In
addition to any sentence imposed, the | ||||||
| 8 | court may assess any reasonable
expense incurred in searching | ||||||
| 9 | for or returning the child against any
person convicted of | ||||||
| 10 | violating this Section.
| ||||||
| 11 | (f) Nothing contained in this Section shall be construed to | ||||||
| 12 | limit the
court's contempt power.
| ||||||
| 13 | (g) Every law enforcement officer investigating an alleged | ||||||
| 14 | incident of
child abduction shall make a written police report | ||||||
| 15 | of any bona fide
allegation and the disposition of that | ||||||
| 16 | investigation. Every police report
completed pursuant to this | ||||||
| 17 | Section shall be compiled and recorded within
the meaning of | ||||||
| 18 | Section 5.1 of the Criminal Identification Act.
| ||||||
| 19 | (h) Whenever a law enforcement officer has reasons to | ||||||
| 20 | believe a child
abduction has occurred, she or he shall provide | ||||||
| 21 | the lawful custodian a summary of
her or his rights under this | ||||||
| 22 | Code, including the procedures and relief
available to her or | ||||||
| 23 | him.
| ||||||
| 24 | (i) If during the course of an investigation under this
| ||||||
| 25 | Section the child is found in the physical custody of the | ||||||
| 26 | defendant or
another, the law enforcement officer shall return | ||||||
| |||||||
| |||||||
| 1 | the child to the parent
or lawful custodian from whom the child | ||||||
| 2 | was concealed, detained, or removed,
unless there is good cause | ||||||
| 3 | for the law enforcement officer or the
Department of Children | ||||||
| 4 | and Family Services to retain temporary protective
custody of | ||||||
| 5 | the child pursuant to the Abused and Neglected Child Reporting
| ||||||
| 6 | Act.
| ||||||
| 7 | (Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
| 8 | 97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
| 9 | 97-998, eff. 1-1-13.)
| ||||||
| 10 | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
| ||||||
| 11 | Sec. 11-1.30. Aggravated Criminal Sexual Assault.
| ||||||
| 12 | (a) A person commits aggravated criminal sexual assault if | ||||||
| 13 | that person commits criminal sexual assault and any of the | ||||||
| 14 | following aggravating circumstances exist during the | ||||||
| 15 | commission of the offense or, for purposes of paragraph (7), | ||||||
| 16 | occur as part of the same course of conduct as the commission | ||||||
| 17 | of the offense: | ||||||
| 18 | (1) the person displays, threatens to use, or uses a | ||||||
| 19 | dangerous weapon, other than a firearm, or any other object | ||||||
| 20 | fashioned or used in a manner that leads the victim, under | ||||||
| 21 | the circumstances, reasonably to believe that the object is | ||||||
| 22 | a dangerous weapon; | ||||||
| 23 | (2) the person causes bodily harm to the victim, except | ||||||
| 24 | as provided in paragraph (10); | ||||||
| 25 | (3) the person acts in a manner that threatens or | ||||||
| |||||||
| |||||||
| 1 | endangers the life of the victim or any other person; | ||||||
| 2 | (4) the person commits the criminal sexual assault | ||||||
| 3 | during the course of committing or attempting to commit any | ||||||
| 4 | other felony; | ||||||
| 5 | (5) the victim is 60 years of age or older; | ||||||
| 6 | (6) the victim is a person with a physical disability | ||||||
| 7 | physically handicapped person; | ||||||
| 8 | (7) the person delivers (by injection, inhalation, | ||||||
| 9 | ingestion, transfer of possession, or any other means) any | ||||||
| 10 | controlled substance to the victim without the victim's | ||||||
| 11 | consent or by threat or deception for other than medical | ||||||
| 12 | purposes; | ||||||
| 13 | (8) the person is armed with a firearm; | ||||||
| 14 | (9) the person personally discharges a firearm during | ||||||
| 15 | the commission of the offense; or | ||||||
| 16 | (10) the person personally discharges a firearm during | ||||||
| 17 | the commission of the offense, and that discharge | ||||||
| 18 | proximately causes great bodily harm, permanent | ||||||
| 19 | disability, permanent disfigurement, or death to another | ||||||
| 20 | person.
| ||||||
| 21 | (b) A person commits aggravated criminal sexual assault if
| ||||||
| 22 | that person is under 17 years of age and: (i) commits an act of
| ||||||
| 23 | sexual penetration with a victim who is under 9 years of age; | ||||||
| 24 | or (ii) commits an act of sexual penetration with a victim
who | ||||||
| 25 | is at least 9 years of age but under 13 years of age and the | ||||||
| 26 | person uses force or threat of force to commit the act.
| ||||||
| |||||||
| |||||||
| 1 | (c) A person commits aggravated criminal sexual assault if | ||||||
| 2 | that person commits an act of sexual penetration with a victim | ||||||
| 3 | who is a person with a severe or profound intellectual | ||||||
| 4 | disability severely or
profoundly intellectually disabled | ||||||
| 5 | person.
| ||||||
| 6 | (d) Sentence.
| ||||||
| 7 | (1) Aggravated criminal sexual assault in violation of | ||||||
| 8 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
| 9 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
| 10 | felony.
A violation of subsection (a)(1) is a Class X | ||||||
| 11 | felony for which 10 years shall
be added to the term of | ||||||
| 12 | imprisonment imposed by the court. A violation of
| ||||||
| 13 | subsection (a)(8) is a Class X felony for which 15 years | ||||||
| 14 | shall be added to the
term of imprisonment imposed by the | ||||||
| 15 | court. A violation of
subsection (a)(9) is a Class X felony | ||||||
| 16 | for which 20 years shall be added to the
term of | ||||||
| 17 | imprisonment imposed by the court. A violation of | ||||||
| 18 | subsection (a)(10) is
a Class X felony for which 25 years | ||||||
| 19 | or up to a term of natural life
imprisonment shall be added | ||||||
| 20 | to
the term of imprisonment imposed by the court.
| ||||||
| 21 | (2) A person who is convicted of a second or subsequent | ||||||
| 22 | offense of
aggravated criminal sexual assault, or who is | ||||||
| 23 | convicted of the offense of
aggravated
criminal sexual | ||||||
| 24 | assault after having previously been convicted of the | ||||||
| 25 | offense
of criminal sexual assault or the offense of | ||||||
| 26 | predatory criminal sexual assault
of a child, or who is | ||||||
| |||||||
| |||||||
| 1 | convicted of the offense of aggravated criminal sexual
| ||||||
| 2 | assault after having previously been convicted under the | ||||||
| 3 | laws of this or any
other state of an offense that is | ||||||
| 4 | substantially equivalent to the offense of
criminal sexual
| ||||||
| 5 | assault, the offense of aggravated criminal sexual assault | ||||||
| 6 | or the offense of
predatory criminal sexual assault of a | ||||||
| 7 | child, shall be sentenced to a term of
natural life | ||||||
| 8 | imprisonment.
The commission of the second or subsequent | ||||||
| 9 | offense is required to have been
after the initial | ||||||
| 10 | conviction for this paragraph (2) to apply.
| ||||||
| 11 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
| 12 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 13 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| ||||||
| 14 | Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
| ||||||
| 15 | (a) A person commits aggravated criminal sexual abuse if | ||||||
| 16 | that person commits criminal sexual abuse and any of the | ||||||
| 17 | following aggravating circumstances exist (i) during the | ||||||
| 18 | commission of the offense or (ii) for purposes of paragraph | ||||||
| 19 | (7), as part of the same course of conduct as the commission of | ||||||
| 20 | the offense: | ||||||
| 21 | (1) the person displays, threatens to use, or uses a | ||||||
| 22 | dangerous weapon or any other object fashioned or used in a | ||||||
| 23 | manner that leads the victim, under the circumstances, | ||||||
| 24 | reasonably to believe that the object is a dangerous | ||||||
| 25 | weapon; | ||||||
| |||||||
| |||||||
| 1 | (2) the person causes bodily harm to the victim; | ||||||
| 2 | (3) the victim is 60 years of age or older; | ||||||
| 3 | (4) the victim is a person with a physical disability | ||||||
| 4 | physically handicapped person; | ||||||
| 5 | (5) the person acts in a manner that threatens or | ||||||
| 6 | endangers the life of the victim or any other person; | ||||||
| 7 | (6) the person commits the criminal sexual abuse during | ||||||
| 8 | the course of committing or attempting to commit any other | ||||||
| 9 | felony; or | ||||||
| 10 | (7) the person delivers (by injection, inhalation, | ||||||
| 11 | ingestion, transfer of possession, or any other means) any | ||||||
| 12 | controlled substance to the victim for other than medical | ||||||
| 13 | purposes without the victim's consent or by threat or | ||||||
| 14 | deception.
| ||||||
| 15 | (b) A person commits aggravated criminal sexual abuse if | ||||||
| 16 | that person
commits an act of sexual conduct with a victim who | ||||||
| 17 | is under 18
years of age
and the person is a family member.
| ||||||
| 18 | (c) A person commits aggravated criminal sexual abuse if:
| ||||||
| 19 | (1) that person is 17 years of age or over and: (i) | ||||||
| 20 | commits an act of
sexual
conduct with a victim who is under | ||||||
| 21 | 13 years of age; or
(ii) commits an act of sexual conduct | ||||||
| 22 | with a victim who is at least 13
years of age but under 17 | ||||||
| 23 | years of age and the
person uses force or threat of force | ||||||
| 24 | to commit the act; or
| ||||||
| 25 | (2) that person is under 17 years of age and: (i) | ||||||
| 26 | commits an act of
sexual conduct with a victim who is under | ||||||
| |||||||
| |||||||
| 1 | 9 years of age; or (ii) commits an act of sexual conduct | ||||||
| 2 | with a victim who is
at least 9 years of age but under 17 | ||||||
| 3 | years of age and the person uses force or threat of force | ||||||
| 4 | to commit the act.
| ||||||
| 5 | (d) A person commits aggravated criminal sexual abuse if | ||||||
| 6 | that person
commits an act of sexual penetration or sexual | ||||||
| 7 | conduct with a victim
who is at least 13
years of age but under | ||||||
| 8 | 17 years of age and the person is at least 5 years
older than | ||||||
| 9 | the victim.
| ||||||
| 10 | (e) A person commits aggravated criminal sexual abuse if | ||||||
| 11 | that person
commits an act of sexual conduct with a victim who | ||||||
| 12 | is a
person with a severe or profound intellectual disability | ||||||
| 13 | severely or profoundly intellectually disabled person.
| ||||||
| 14 | (f) A person commits aggravated criminal sexual abuse if
| ||||||
| 15 | that person commits an act of sexual conduct with a victim who | ||||||
| 16 | is at least
13 years of age but under 18 years of age and
the | ||||||
| 17 | person is 17 years of age or over and holds a position of | ||||||
| 18 | trust,
authority, or supervision in relation to the victim.
| ||||||
| 19 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
| 20 | felony.
| ||||||
| 21 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
| 22 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 23 | (720 ILCS 5/11-14.1) | ||||||
| 24 | Sec. 11-14.1. Solicitation of a sexual act. | ||||||
| 25 | (a) Any person who offers a person not his or her spouse | ||||||
| |||||||
| |||||||
| 1 | any money,
property, token, object, or article or anything of | ||||||
| 2 | value for that person or any other person not his or her spouse | ||||||
| 3 | to
perform any act of sexual penetration as defined in Section | ||||||
| 4 | 11-0.1 of this Code,
or any touching or fondling of the sex | ||||||
| 5 | organs of one person by another person
for the purpose of | ||||||
| 6 | sexual arousal or gratification, commits solicitation of a | ||||||
| 7 | sexual act. | ||||||
| 8 | (b) Sentence. Solicitation of a sexual act is a Class A | ||||||
| 9 | misdemeanor. Solicitation of a sexual act from a person who is | ||||||
| 10 | under the age of 18 or who is a person with a severe or profound | ||||||
| 11 | intellectual disability severely or profoundly intellectually | ||||||
| 12 | disabled is a Class 4 felony. If the court imposes a fine under | ||||||
| 13 | this subsection (b), it shall be collected and distributed to | ||||||
| 14 | the Specialized Services for Survivors of Human Trafficking | ||||||
| 15 | Fund in accordance with Section 5-9-1.21 of the Unified Code of | ||||||
| 16 | Corrections. | ||||||
| 17 | (b-5) It is an affirmative defense to a charge of | ||||||
| 18 | solicitation of a sexual act with a person who is under the age | ||||||
| 19 | of 18 or who is a person with a severe or profound intellectual | ||||||
| 20 | disability severely or profoundly intellectually disabled that | ||||||
| 21 | the accused reasonably believed the person was of the age of 18 | ||||||
| 22 | years or over or was not a person with a severe or profound | ||||||
| 23 | intellectual disability severely or profoundly intellectually | ||||||
| 24 | disabled person at the time of the act giving rise to the | ||||||
| 25 | charge. | ||||||
| 26 | (c) This Section does not apply to a person engaged in | ||||||
| |||||||
| |||||||
| 1 | prostitution who is under 18 years of age. | ||||||
| 2 | (d) A person cannot be convicted under this Section if the | ||||||
| 3 | practice of prostitution underlying the offense consists | ||||||
| 4 | exclusively of the accused's own acts of prostitution under | ||||||
| 5 | Section 11-14 of this Code. | ||||||
| 6 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
| 7 | 98-1013, eff. 1-1-15.)
| ||||||
| 8 | (720 ILCS 5/11-14.4) | ||||||
| 9 | Sec. 11-14.4. Promoting juvenile prostitution. | ||||||
| 10 | (a) Any person who knowingly performs any of the following | ||||||
| 11 | acts commits promoting juvenile prostitution: | ||||||
| 12 | (1) advances prostitution as defined in Section | ||||||
| 13 | 11-0.1, where the minor engaged in prostitution, or any | ||||||
| 14 | person engaged in prostitution in the place, is under 18 | ||||||
| 15 | years of age or is a person with a severe or profound | ||||||
| 16 | intellectual disability severely or profoundly | ||||||
| 17 | intellectually disabled at the time of the offense; | ||||||
| 18 | (2) profits from prostitution by any means where the | ||||||
| 19 | prostituted person is under 18 years of age or is a person | ||||||
| 20 | with a severe or profound intellectual disability severely | ||||||
| 21 | or profoundly intellectually disabled at the time of the | ||||||
| 22 | offense; | ||||||
| 23 | (3) profits from prostitution by any means where the | ||||||
| 24 | prostituted person is under 13 years of age at the time of | ||||||
| 25 | the offense; | ||||||
| |||||||
| |||||||
| 1 | (4) confines a child under the age of 18 or a person | ||||||
| 2 | with a severe or profound intellectual disability severely | ||||||
| 3 | or profoundly intellectually disabled person against his | ||||||
| 4 | or her will by the infliction or threat of imminent | ||||||
| 5 | infliction of great bodily harm or permanent disability or | ||||||
| 6 | disfigurement or by administering to the child or the | ||||||
| 7 | person with a severe or profound intellectual disability | ||||||
| 8 | severely or profoundly intellectually disabled person, | ||||||
| 9 | without his or her consent or by threat or deception and | ||||||
| 10 | for other than medical purposes, any alcoholic intoxicant | ||||||
| 11 | or a drug as defined in the Illinois Controlled Substances | ||||||
| 12 | Act or the Cannabis Control Act or methamphetamine as | ||||||
| 13 | defined in the Methamphetamine Control and Community | ||||||
| 14 | Protection Act and: | ||||||
| 15 | (A) compels the child or the person with a severe | ||||||
| 16 | or profound intellectual disability severely or | ||||||
| 17 | profoundly intellectually disabled person to engage in | ||||||
| 18 | prostitution; | ||||||
| 19 | (B) arranges a situation in which the child or the | ||||||
| 20 | person with a severe or profound intellectual | ||||||
| 21 | disability severely or profoundly intellectually | ||||||
| 22 | disabled person may practice prostitution; or | ||||||
| 23 | (C) profits from prostitution by the child or the | ||||||
| 24 | person with a severe or profound intellectual | ||||||
| 25 | disability severely or profoundly intellectually | ||||||
| 26 | disabled person. | ||||||
| |||||||
| |||||||
| 1 | (b) For purposes of this Section, administering drugs, as | ||||||
| 2 | defined in subdivision (a)(4), or an alcoholic intoxicant to a | ||||||
| 3 | child under the age of 13 or a person with a severe or profound | ||||||
| 4 | intellectual disability severely or profoundly intellectually | ||||||
| 5 | disabled person shall be deemed to be without consent if the | ||||||
| 6 | administering is done without the consent of the parents or | ||||||
| 7 | legal guardian or if the administering is performed by the | ||||||
| 8 | parents or legal guardian for other than medical purposes. | ||||||
| 9 | (c) If the accused did not have a reasonable opportunity to | ||||||
| 10 | observe the prostituted person, it is an affirmative defense to | ||||||
| 11 | a charge of promoting juvenile prostitution, except for a | ||||||
| 12 | charge under subdivision (a)(4), that the accused reasonably | ||||||
| 13 | believed the person was of the age of 18 years or over or was | ||||||
| 14 | not a person with a severe or profound intellectual disability | ||||||
| 15 | severely or profoundly intellectually disabled person at the | ||||||
| 16 | time of the act giving rise to the charge. | ||||||
| 17 | (d) Sentence. A violation of subdivision (a)(1) is a Class | ||||||
| 18 | 1 felony, unless committed within 1,000 feet of real property | ||||||
| 19 | comprising a school, in which case it is a Class X felony. A | ||||||
| 20 | violation of subdivision (a)(2) is a Class 1 felony. A | ||||||
| 21 | violation of subdivision (a)(3) is a Class X felony. A | ||||||
| 22 | violation of subdivision (a)(4) is a Class X felony, for which | ||||||
| 23 | the person shall be sentenced to a term of imprisonment of not | ||||||
| 24 | less than 6 years and not more than 60 years. A second or | ||||||
| 25 | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), | ||||||
| 26 | or any combination of convictions under subdivision (a)(1), | ||||||
| |||||||
| |||||||
| 1 | (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 | ||||||
| 2 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
| 3 | prostitution), 11-15 (soliciting for a prostitute), 11-15.1 | ||||||
| 4 | (soliciting for a juvenile prostitute), 11-16 (pandering), | ||||||
| 5 | 11-17 (keeping a place of prostitution), 11-17.1 (keeping a | ||||||
| 6 | place of juvenile prostitution), 11-18 (patronizing a | ||||||
| 7 | prostitute), 11-18.1 (patronizing a juvenile prostitute), | ||||||
| 8 | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
| 9 | juvenile pimping), or 11-19.2 (exploitation of a child) of this | ||||||
| 10 | Code, is a Class X felony. | ||||||
| 11 | (e) Forfeiture. Any person convicted of a violation of this | ||||||
| 12 | Section that involves promoting juvenile prostitution by | ||||||
| 13 | keeping a place of juvenile prostitution or convicted of a | ||||||
| 14 | violation of subdivision (a)(4) is subject to the property | ||||||
| 15 | forfeiture provisions set forth in Article 124B of the Code of | ||||||
| 16 | Criminal Procedure of 1963. | ||||||
| 17 | (f) For the purposes of this Section, "prostituted person"
| ||||||
| 18 | means any person who engages in, or agrees or offers to engage
| ||||||
| 19 | in, any act of sexual penetration as defined in Section 11-0.1 | ||||||
| 20 | of this Code for any money, property, token, object, or article
| ||||||
| 21 | or anything of value, or any touching or fondling of the sex
| ||||||
| 22 | organs of one person by another person, for any money,
| ||||||
| 23 | property, token, object, or article or anything of value, for
| ||||||
| 24 | the purpose of sexual arousal or gratification.
| ||||||
| 25 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
| 26 | 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | ||||||
| 2 | Sec. 11-18.1. Patronizing a minor engaged in prostitution. | ||||||
| 3 | (a) Any person who
engages in an act of sexual penetration | ||||||
| 4 | as defined in Section 11-0.1 of this
Code with a person engaged | ||||||
| 5 | in prostitution who is under 18 years of age or is a person | ||||||
| 6 | with a severe or profound intellectual disability severely or | ||||||
| 7 | profoundly intellectually disabled person commits
patronizing | ||||||
| 8 | a minor engaged in prostitution. | ||||||
| 9 | (a-5) Any person who engages in any touching or fondling, | ||||||
| 10 | with a person engaged in prostitution who either is under 18 | ||||||
| 11 | years of age or is a person with a severe or profound | ||||||
| 12 | intellectual disability severely or profoundly intellectually | ||||||
| 13 | disabled person, of the sex organs of one person by the other | ||||||
| 14 | person, with the intent to achieve sexual arousal or | ||||||
| 15 | gratification, commits patronizing a minor engaged in | ||||||
| 16 | prostitution. | ||||||
| 17 | (b) It is an affirmative defense to the charge of | ||||||
| 18 | patronizing a minor engaged in prostitution
that the accused | ||||||
| 19 | reasonably believed that the person
was of the age of 18 years | ||||||
| 20 | or over or was not a person with a severe or profound | ||||||
| 21 | intellectual disability severely or profoundly intellectually | ||||||
| 22 | disabled person at the time of the act giving rise to
the | ||||||
| 23 | charge. | ||||||
| 24 | (c) Sentence.
A person who commits patronizing a juvenile | ||||||
| 25 | prostitute is guilty of a Class 3 felony, unless committed | ||||||
| |||||||
| |||||||
| 1 | within 1,000 feet of real property comprising a school, in | ||||||
| 2 | which case it is a Class 2 felony. A person convicted of a | ||||||
| 3 | second or subsequent violation of this Section, or of any | ||||||
| 4 | combination of such number of convictions under this Section | ||||||
| 5 | and Sections 11-14 (prostitution), 11-14.1 (solicitation of a | ||||||
| 6 | sexual act), 11-14.3 (promoting prostitution), 11-14.4 | ||||||
| 7 | (promoting juvenile prostitution), 11-15 (soliciting for a | ||||||
| 8 | prostitute), 11-15.1 (soliciting for a juvenile prostitute), | ||||||
| 9 | 11-16 (pandering), 11-17 (keeping a place of prostitution), | ||||||
| 10 | 11-17.1 (keeping a place of juvenile prostitution), 11-18 | ||||||
| 11 | (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile | ||||||
| 12 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
| 13 | (exploitation of a child) of this Code, is guilty of a Class 2 | ||||||
| 14 | felony. The fact of such conviction is not an element of the | ||||||
| 15 | offense and may not be disclosed to the jury during trial | ||||||
| 16 | unless otherwise permitted by issues properly raised during | ||||||
| 17 | such trial.
| ||||||
| 18 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | ||||||
| 19 | 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 20 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| ||||||
| 21 | Sec. 11-20.1. Child pornography.
| ||||||
| 22 | (a) A person commits child pornography who:
| ||||||
| 23 | (1) films, videotapes, photographs, or otherwise | ||||||
| 24 | depicts or portrays by
means of any similar visual medium | ||||||
| 25 | or reproduction or depicts by computer any
child whom he or | ||||||
| |||||||
| |||||||
| 1 | she knows or reasonably should know to be under the age of | ||||||
| 2 | 18 or any
person with a severe or profound intellectual | ||||||
| 3 | disability severely or profoundly intellectually disabled | ||||||
| 4 | person where such child or person with a severe or profound | ||||||
| 5 | intellectual disability severely
or profoundly | ||||||
| 6 | intellectually disabled person is:
| ||||||
| 7 | (i) actually or by simulation engaged in any act of | ||||||
| 8 | sexual
penetration or sexual conduct
with any person or | ||||||
| 9 | animal; or
| ||||||
| 10 | (ii) actually or by simulation engaged in any act | ||||||
| 11 | of sexual
penetration or sexual conduct
involving the | ||||||
| 12 | sex organs of the child or person with a severe or | ||||||
| 13 | profound intellectual disability severely or
| ||||||
| 14 | profoundly intellectually disabled person and the | ||||||
| 15 | mouth, anus, or sex organs of
another person or animal; | ||||||
| 16 | or which involves the mouth, anus or sex organs
of the | ||||||
| 17 | child or person with a severe or profound intellectual | ||||||
| 18 | disability severely or profoundly intellectually | ||||||
| 19 | disabled
person and the sex organs of another person or | ||||||
| 20 | animal; or
| ||||||
| 21 | (iii) actually or by simulation engaged in any act | ||||||
| 22 | of masturbation; or
| ||||||
| 23 | (iv) actually or by simulation portrayed as being | ||||||
| 24 | the object of, or
otherwise engaged in, any act of lewd | ||||||
| 25 | fondling, touching, or caressing
involving another | ||||||
| 26 | person or animal; or
| ||||||
| |||||||
| |||||||
| 1 | (v) actually or by simulation engaged in any act of | ||||||
| 2 | excretion or
urination within a sexual context; or
| ||||||
| 3 | (vi) actually or by simulation portrayed or | ||||||
| 4 | depicted as bound, fettered,
or subject to sadistic, | ||||||
| 5 | masochistic, or sadomasochistic abuse in any sexual
| ||||||
| 6 | context; or
| ||||||
| 7 | (vii) depicted or portrayed in any pose, posture or | ||||||
| 8 | setting involving
a lewd exhibition of the unclothed or | ||||||
| 9 | transparently clothed genitals, pubic area, buttocks, | ||||||
| 10 | or, if
such person is female, a fully or partially | ||||||
| 11 | developed breast of the child
or other person; or
| ||||||
| 12 | (2) with the knowledge of the nature or content | ||||||
| 13 | thereof, reproduces,
disseminates, offers to disseminate, | ||||||
| 14 | exhibits or possesses with intent to
disseminate any film, | ||||||
| 15 | videotape, photograph or other similar visual
reproduction | ||||||
| 16 | or depiction by computer of any child or person with a | ||||||
| 17 | severe or profound intellectual disability severely or | ||||||
| 18 | profoundly
intellectually disabled person whom the person | ||||||
| 19 | knows or reasonably should know to be
under the age of 18 | ||||||
| 20 | or to be a person with a severe or profound intellectual | ||||||
| 21 | disability severely or profoundly intellectually disabled | ||||||
| 22 | person,
engaged in any activity described in subparagraphs | ||||||
| 23 | (i) through (vii) of
paragraph (1) of this subsection; or
| ||||||
| 24 | (3) with knowledge of the subject matter or theme | ||||||
| 25 | thereof, produces any
stage play, live performance, film, | ||||||
| 26 | videotape or other similar visual
portrayal or depiction by | ||||||
| |||||||
| |||||||
| 1 | computer which
includes a child whom the person knows or | ||||||
| 2 | reasonably should
know to be under the age of 18 or a | ||||||
| 3 | person with a severe or profound intellectual disability | ||||||
| 4 | severely or
profoundly intellectually disabled person | ||||||
| 5 | engaged in any activity described in
subparagraphs (i) | ||||||
| 6 | through (vii) of paragraph (1) of this subsection; or
| ||||||
| 7 | (4) solicits, uses, persuades, induces, entices, or | ||||||
| 8 | coerces any child
whom he or she knows or reasonably should | ||||||
| 9 | know to be under
the age of 18 or a person with a severe or | ||||||
| 10 | profound intellectual disability severely or profoundly | ||||||
| 11 | intellectually disabled person to appear in any stage play, | ||||||
| 12 | live presentation, film,
videotape, photograph or other | ||||||
| 13 | similar visual reproduction or depiction
by computer in | ||||||
| 14 | which the
child or person with a severe or profound | ||||||
| 15 | intellectual disability severely or profoundly | ||||||
| 16 | intellectually disabled person
is or will be depicted, | ||||||
| 17 | actually or by simulation, in any act, pose or
setting | ||||||
| 18 | described in subparagraphs (i) through (vii) of paragraph | ||||||
| 19 | (1) of
this subsection; or
| ||||||
| 20 | (5) is a parent, step-parent, legal guardian or other | ||||||
| 21 | person having
care or custody
of a child whom the person | ||||||
| 22 | knows or reasonably should know to be under
the age of 18 | ||||||
| 23 | or a person with a severe or profound intellectual | ||||||
| 24 | disability severely or profoundly intellectually disabled | ||||||
| 25 | person and who knowingly permits, induces, promotes, or | ||||||
| 26 | arranges
for such child or person with a severe or profound | ||||||
| |||||||
| |||||||
| 1 | intellectual disability severely or profoundly | ||||||
| 2 | intellectually disabled
person to appear in any stage play, | ||||||
| 3 | live performance, film, videotape,
photograph or other | ||||||
| 4 | similar visual presentation, portrayal or simulation or
| ||||||
| 5 | depiction by computer of any act or activity described in | ||||||
| 6 | subparagraphs (i)
through (vii) of paragraph (1) of this | ||||||
| 7 | subsection; or
| ||||||
| 8 | (6) with knowledge of the nature or content thereof, | ||||||
| 9 | possesses any film,
videotape, photograph or other similar | ||||||
| 10 | visual reproduction or depiction by
computer of any child | ||||||
| 11 | or person with a severe or profound intellectual disability | ||||||
| 12 | severely or profoundly intellectually disabled person
whom | ||||||
| 13 | the person knows or reasonably should know to be under the | ||||||
| 14 | age of 18
or to be a person with a severe or profound | ||||||
| 15 | intellectual disability severely or profoundly | ||||||
| 16 | intellectually disabled
person, engaged in any activity | ||||||
| 17 | described in subparagraphs (i) through
(vii) of paragraph | ||||||
| 18 | (1) of this subsection; or
| ||||||
| 19 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
| 20 | entices, or coerces, a person
to provide a child under the | ||||||
| 21 | age of 18 or a person with a severe or profound | ||||||
| 22 | intellectual disability severely or profoundly | ||||||
| 23 | intellectually disabled person to appear in any videotape, | ||||||
| 24 | photograph, film, stage play, live
presentation, or other | ||||||
| 25 | similar visual reproduction or depiction by computer
in | ||||||
| 26 | which the child or person with a severe or profound | ||||||
| |||||||
| |||||||
| 1 | intellectual disability severely or profoundly | ||||||
| 2 | intellectually disabled person will be
depicted, actually | ||||||
| 3 | or by simulation, in any act, pose, or setting described in
| ||||||
| 4 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
| 5 | subsection.
| ||||||
| 6 | (a-5) The possession of each individual film, videotape, | ||||||
| 7 | photograph, or other similar visual reproduction or depiction | ||||||
| 8 | by computer in violation of this Section constitutes a single | ||||||
| 9 | and separate violation. This subsection (a-5) does not apply to | ||||||
| 10 | multiple copies of the same film, videotape, photograph, or | ||||||
| 11 | other similar visual reproduction or depiction by computer that | ||||||
| 12 | are identical to each other.
| ||||||
| 13 | (b)(1) It shall be an affirmative defense to a charge of | ||||||
| 14 | child
pornography that the defendant reasonably believed, | ||||||
| 15 | under all of the
circumstances, that the child was 18 years of | ||||||
| 16 | age or older or that the
person was not a person with a severe | ||||||
| 17 | or profound intellectual disability severely or profoundly | ||||||
| 18 | intellectually disabled person but only where, prior to the act | ||||||
| 19 | or acts giving rise to a
prosecution under this Section, he or | ||||||
| 20 | she took some affirmative action or made a
bonafide inquiry | ||||||
| 21 | designed to ascertain whether the child was 18 years of
age or | ||||||
| 22 | older or that the person was not a person with a severe or | ||||||
| 23 | profound intellectual disability severely or
profoundly | ||||||
| 24 | intellectually disabled person and his or her reliance upon the | ||||||
| 25 | information
so obtained was clearly reasonable.
| ||||||
| 26 | (1.5) Telecommunications carriers, commercial mobile | ||||||
| |||||||
| |||||||
| 1 | service providers, and providers of information services, | ||||||
| 2 | including, but not limited to, Internet service providers and | ||||||
| 3 | hosting service providers, are not liable under this Section by | ||||||
| 4 | virtue of the transmission, storage, or caching of electronic | ||||||
| 5 | communications or messages of others or by virtue of the | ||||||
| 6 | provision of other related telecommunications, commercial | ||||||
| 7 | mobile services, or information services used by others in | ||||||
| 8 | violation of this Section.
| ||||||
| 9 | (2) (Blank).
| ||||||
| 10 | (3) The charge of child pornography shall not apply to the | ||||||
| 11 | performance
of official duties by law enforcement or | ||||||
| 12 | prosecuting officers or persons employed by law enforcement or | ||||||
| 13 | prosecuting agencies, court personnel
or attorneys, nor to | ||||||
| 14 | bonafide treatment or professional education programs
| ||||||
| 15 | conducted by licensed physicians, psychologists or social | ||||||
| 16 | workers.
| ||||||
| 17 | (4) If the defendant possessed more than one of the same | ||||||
| 18 | film,
videotape or visual reproduction or depiction by computer | ||||||
| 19 | in which child
pornography is depicted, then the trier of fact | ||||||
| 20 | may infer
that the defendant possessed such
materials with the | ||||||
| 21 | intent to disseminate them.
| ||||||
| 22 | (5) The charge of child pornography does not apply to a | ||||||
| 23 | person who does
not voluntarily possess a film, videotape, or | ||||||
| 24 | visual reproduction or depiction
by computer in which child | ||||||
| 25 | pornography is depicted. Possession is voluntary if
the | ||||||
| 26 | defendant knowingly procures or receives a film, videotape, or | ||||||
| |||||||
| |||||||
| 1 | visual
reproduction or depiction for a sufficient time to be | ||||||
| 2 | able to terminate his
or her possession.
| ||||||
| 3 | (6) Any violation of paragraph (1), (2), (3), (4), (5), or | ||||||
| 4 | (7) of subsection (a) that includes a child engaged in, | ||||||
| 5 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 6 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 7 | masochistic, or sadomasochistic abuse in a sexual context shall | ||||||
| 8 | be deemed a crime of violence. | ||||||
| 9 | (c) If the violation does not involve a film, videotape, or | ||||||
| 10 | other moving depiction, a violation of paragraph (1), (4), (5), | ||||||
| 11 | or (7) of subsection (a) is a
Class 1 felony with a mandatory | ||||||
| 12 | minimum fine of $2,000 and a maximum fine of
$100,000. If the | ||||||
| 13 | violation involves a film, videotape, or other moving | ||||||
| 14 | depiction, a violation of paragraph (1), (4), (5), or (7) of | ||||||
| 15 | subsection (a) is a
Class X felony with a mandatory minimum | ||||||
| 16 | fine of $2,000 and a maximum fine of
$100,000. If the violation | ||||||
| 17 | does not involve a film, videotape, or other moving depiction, | ||||||
| 18 | a violation of paragraph (3) of subsection (a) is a Class 1 | ||||||
| 19 | felony
with a mandatory minimum fine of $1500 and a maximum | ||||||
| 20 | fine of $100,000. If the violation involves a film, videotape, | ||||||
| 21 | or other moving depiction, a violation of paragraph (3) of | ||||||
| 22 | subsection (a) is a Class X felony
with a mandatory minimum | ||||||
| 23 | fine of $1500 and a maximum fine of $100,000.
If the violation | ||||||
| 24 | does not involve a film, videotape, or other moving depiction, | ||||||
| 25 | a violation
of paragraph (2) of subsection (a) is a Class 1 | ||||||
| 26 | felony with a
mandatory minimum fine of $1000 and a maximum | ||||||
| |||||||
| |||||||
| 1 | fine of $100,000. If the violation involves a film, videotape, | ||||||
| 2 | or other moving depiction, a violation of paragraph (2) of | ||||||
| 3 | subsection (a) is a Class X felony with a
mandatory minimum | ||||||
| 4 | fine of $1000 and a maximum fine of $100,000. If the violation | ||||||
| 5 | does not involve a film, videotape, or other moving depiction, | ||||||
| 6 | a violation of
paragraph (6) of subsection (a) is a Class 3 | ||||||
| 7 | felony with a mandatory
minimum fine of $1000 and a maximum | ||||||
| 8 | fine of $100,000. If the violation involves a film, videotape, | ||||||
| 9 | or other moving depiction, a violation of
paragraph (6) of | ||||||
| 10 | subsection (a) is a Class 2 felony with a mandatory
minimum | ||||||
| 11 | fine of $1000 and a maximum fine of $100,000.
| ||||||
| 12 | (c-5) Where the child depicted is under the age of 13, a | ||||||
| 13 | violation of paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 14 | subsection (a) is a Class X felony with a mandatory minimum | ||||||
| 15 | fine of $2,000 and a maximum fine of $100,000. Where the child | ||||||
| 16 | depicted is under the age of 13, a violation of paragraph (6) | ||||||
| 17 | of subsection (a) is a Class 2 felony with a mandatory minimum | ||||||
| 18 | fine of $1,000 and a maximum fine of $100,000. Where the child | ||||||
| 19 | depicted is under the age of 13, a person who commits a | ||||||
| 20 | violation of paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 21 | subsection (a) where the defendant has previously been | ||||||
| 22 | convicted under the laws of this State or any other state of | ||||||
| 23 | the offense of child pornography, aggravated child | ||||||
| 24 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
| 25 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
| 26 | child, or any of the offenses formerly known as rape, deviate | ||||||
| |||||||
| |||||||
| 1 | sexual assault, indecent liberties with a child, or aggravated | ||||||
| 2 | indecent liberties with a child where the victim was under the | ||||||
| 3 | age of 18 years or an offense that is substantially equivalent | ||||||
| 4 | to those offenses, is guilty of a Class X felony for which the | ||||||
| 5 | person shall be sentenced to a term of imprisonment of not less | ||||||
| 6 | than 9 years with a mandatory minimum fine of $2,000 and a | ||||||
| 7 | maximum fine of $100,000.
Where the child depicted is under the | ||||||
| 8 | age of 13, a person who commits a violation of paragraph (6) of | ||||||
| 9 | subsection (a) where the defendant has previously been | ||||||
| 10 | convicted under the laws of this State or any other state of | ||||||
| 11 | the offense of child pornography, aggravated child | ||||||
| 12 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
| 13 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
| 14 | child, or any of the offenses formerly known as rape, deviate | ||||||
| 15 | sexual assault, indecent liberties with a child, or aggravated | ||||||
| 16 | indecent liberties with a child where the victim was under the | ||||||
| 17 | age of 18 years or an offense that is substantially equivalent | ||||||
| 18 | to those offenses, is guilty of a Class 1 felony with a | ||||||
| 19 | mandatory minimum fine of $1,000 and a maximum fine of | ||||||
| 20 | $100,000. The issue of whether the child depicted is under the | ||||||
| 21 | age of 13 is an element of the offense to be resolved by the | ||||||
| 22 | trier of fact. | ||||||
| 23 | (d) If a person is convicted of a second or subsequent | ||||||
| 24 | violation of
this Section within 10 years of a prior | ||||||
| 25 | conviction, the court shall order a
presentence psychiatric | ||||||
| 26 | examination of the person. The examiner shall report
to the | ||||||
| |||||||
| |||||||
| 1 | court whether treatment of the person is necessary.
| ||||||
| 2 | (e) Any film, videotape, photograph or other similar visual | ||||||
| 3 | reproduction
or depiction by computer which includes a child | ||||||
| 4 | under the age of 18 or a
person with a severe or profound | ||||||
| 5 | intellectual disability severely or profoundly intellectually | ||||||
| 6 | disabled person engaged in any activity
described in | ||||||
| 7 | subparagraphs (i) through (vii) or paragraph 1 of subsection
| ||||||
| 8 | (a), and any material or equipment used or intended for use in | ||||||
| 9 | photographing,
filming, printing, producing, reproducing, | ||||||
| 10 | manufacturing, projecting,
exhibiting, depiction by computer, | ||||||
| 11 | or disseminating such material shall be
seized and forfeited in | ||||||
| 12 | the manner, method and procedure provided by Section
36-1 of | ||||||
| 13 | this Code for the seizure and forfeiture of vessels, vehicles | ||||||
| 14 | and
aircraft.
| ||||||
| 15 | In addition, any person convicted under this Section is | ||||||
| 16 | subject to the property forfeiture provisions set forth in | ||||||
| 17 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
| 18 | (e-5) Upon the conclusion of a case brought under this | ||||||
| 19 | Section, the court
shall seal all evidence depicting a victim | ||||||
| 20 | or witness that is sexually
explicit. The evidence may be | ||||||
| 21 | unsealed and viewed, on a motion of the party
seeking to unseal | ||||||
| 22 | and view the evidence, only for good cause shown and in the
| ||||||
| 23 | discretion of the court. The motion must expressly set forth | ||||||
| 24 | the purpose for
viewing the material. The State's attorney and | ||||||
| 25 | the victim, if possible, shall
be provided reasonable notice of | ||||||
| 26 | the hearing on the motion to unseal the
evidence. Any person | ||||||
| |||||||
| |||||||
| 1 | entitled to notice of a hearing under this subsection
(e-5) may | ||||||
| 2 | object to the motion.
| ||||||
| 3 | (f) Definitions. For the purposes of this Section:
| ||||||
| 4 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
| 5 | exchange or transfer
possession, whether with or without | ||||||
| 6 | consideration or (ii) to make a depiction
by computer | ||||||
| 7 | available for distribution or downloading through the | ||||||
| 8 | facilities
of any telecommunications network or through | ||||||
| 9 | any other means of transferring
computer programs or data | ||||||
| 10 | to a computer.
| ||||||
| 11 | (2) "Produce" means to direct, promote, advertise, | ||||||
| 12 | publish, manufacture,
issue, present or show.
| ||||||
| 13 | (3) "Reproduce" means to make a duplication or copy.
| ||||||
| 14 | (4) "Depict by computer" means to generate or create, | ||||||
| 15 | or cause to be
created or generated, a computer program or | ||||||
| 16 | data that, after being processed by
a computer either alone | ||||||
| 17 | or in conjunction with one or more computer programs,
| ||||||
| 18 | results in a visual depiction on a computer monitor, | ||||||
| 19 | screen, or display.
| ||||||
| 20 | (5) "Depiction by computer" means a computer program or | ||||||
| 21 | data that, after
being processed by a computer either alone | ||||||
| 22 | or in conjunction with one or more
computer programs, | ||||||
| 23 | results in a visual depiction on a computer monitor, | ||||||
| 24 | screen,
or display.
| ||||||
| 25 | (6) "Computer", "computer program", and "data" have | ||||||
| 26 | the meanings
ascribed to them in Section 16D-2 of this | ||||||
| |||||||
| |||||||
| 1 | Code.
| ||||||
| 2 | (7) For the purposes of this Section, "child | ||||||
| 3 | pornography" includes a film, videotape, photograph, or | ||||||
| 4 | other similar
visual medium or reproduction or depiction by | ||||||
| 5 | computer that is, or appears to
be, that of a person, | ||||||
| 6 | either in part, or in total, under the age of 18 or a | ||||||
| 7 | person with a severe or profound intellectual disability | ||||||
| 8 | severely or profoundly intellectually disabled person,
| ||||||
| 9 | regardless of the method by which the film, videotape, | ||||||
| 10 | photograph, or other
similar visual medium or reproduction | ||||||
| 11 | or depiction by computer is created,
adopted, or modified | ||||||
| 12 | to appear as such. "Child pornography" also includes a | ||||||
| 13 | film,
videotape, photograph, or other similar visual | ||||||
| 14 | medium or reproduction or
depiction by computer that is | ||||||
| 15 | advertised, promoted, presented, described, or
distributed | ||||||
| 16 | in such a manner that conveys the impression that the film,
| ||||||
| 17 | videotape, photograph, or other similar visual medium or | ||||||
| 18 | reproduction or
depiction by computer is of a person under | ||||||
| 19 | the age of 18 or a person with a severe or profound | ||||||
| 20 | intellectual disability severely or profoundly | ||||||
| 21 | intellectually disabled person.
| ||||||
| 22 | (g) Re-enactment; findings; purposes.
| ||||||
| 23 | (1) The General Assembly finds and declares that:
| ||||||
| 24 | (i) Section 50-5 of Public Act 88-680, effective | ||||||
| 25 | January 1, 1995,
contained provisions amending the | ||||||
| 26 | child pornography statute, Section 11-20.1
of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961. Section 50-5 also contained | ||||||
| 2 | other provisions.
| ||||||
| 3 | (ii) In addition, Public Act 88-680 was entitled | ||||||
| 4 | "AN ACT to create a
Safe Neighborhoods Law". (A) | ||||||
| 5 | Article 5 was entitled JUVENILE JUSTICE and
amended the | ||||||
| 6 | Juvenile Court Act of 1987. (B) Article 15 was entitled | ||||||
| 7 | GANGS and
amended various provisions of the Criminal | ||||||
| 8 | Code of 1961 and the Unified Code
of Corrections. (C) | ||||||
| 9 | Article 20 was entitled ALCOHOL ABUSE and amended | ||||||
| 10 | various
provisions of the Illinois Vehicle Code. (D) | ||||||
| 11 | Article 25 was entitled DRUG
ABUSE and amended the | ||||||
| 12 | Cannabis Control Act and the Illinois Controlled
| ||||||
| 13 | Substances Act. (E) Article 30 was entitled FIREARMS | ||||||
| 14 | and amended the Criminal
Code of 1961 and the Code of | ||||||
| 15 | Criminal Procedure of 1963. (F) Article 35
amended the | ||||||
| 16 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
| 17 | Witnesses
Act, and the Unified Code of Corrections. (G) | ||||||
| 18 | Article 40 amended the Criminal
Code of 1961 to | ||||||
| 19 | increase the penalty for compelling organization | ||||||
| 20 | membership of
persons. (H) Article 45 created the | ||||||
| 21 | Secure Residential Youth Care Facility
Licensing Act | ||||||
| 22 | and amended the State Finance Act, the Juvenile Court | ||||||
| 23 | Act of
1987, the Unified Code of Corrections, and the | ||||||
| 24 | Private Correctional Facility
Moratorium Act. (I) | ||||||
| 25 | Article 50 amended the WIC Vendor Management Act, the
| ||||||
| 26 | Firearm Owners Identification Card Act, the Juvenile | ||||||
| |||||||
| |||||||
| 1 | Court Act of 1987, the
Criminal Code of 1961, the | ||||||
| 2 | Wrongs to Children Act, and the Unified Code of
| ||||||
| 3 | Corrections.
| ||||||
| 4 | (iii) On September 22, 1998, the Third District | ||||||
| 5 | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | ||||||
| 6 | ruled that Public Act 88-680 violates the
single | ||||||
| 7 | subject clause of the Illinois Constitution (Article | ||||||
| 8 | IV, Section 8 (d))
and was unconstitutional in its | ||||||
| 9 | entirety. As of the time this amendatory Act
of 1999 | ||||||
| 10 | was prepared, People v. Dainty was still subject to | ||||||
| 11 | appeal.
| ||||||
| 12 | (iv) Child pornography is a vital concern to the | ||||||
| 13 | people of this State
and the validity of future | ||||||
| 14 | prosecutions under the child pornography statute of
| ||||||
| 15 | the Criminal Code of 1961 is in grave doubt.
| ||||||
| 16 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
| 17 | prevent or
minimize any problems relating to prosecutions | ||||||
| 18 | for child pornography that may
result from challenges to | ||||||
| 19 | the constitutional validity of Public Act 88-680 by
| ||||||
| 20 | re-enacting the Section relating to child pornography that | ||||||
| 21 | was included in
Public Act 88-680.
| ||||||
| 22 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
| 23 | 11-20.1 of the
Criminal Code of 1961, as it has been | ||||||
| 24 | amended. This re-enactment is intended
to remove any | ||||||
| 25 | question as to the validity or content of that Section; it | ||||||
| 26 | is not
intended to supersede any other Public Act that | ||||||
| |||||||
| |||||||
| 1 | amends the text of the Section
as set forth in this | ||||||
| 2 | amendatory Act of 1999. The material is shown as existing
| ||||||
| 3 | text (i.e., without underscoring) because, as of the time | ||||||
| 4 | this amendatory Act
of 1999 was prepared, People v. Dainty | ||||||
| 5 | was subject to appeal to the Illinois
Supreme Court.
| ||||||
| 6 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
| 7 | Section 11-20.1 of
the Criminal Code of 1961 relating to | ||||||
| 8 | child pornography that was amended by
Public Act 88-680 is | ||||||
| 9 | not intended, and shall not be construed, to imply that
| ||||||
| 10 | Public Act 88-680 is invalid or to limit or impair any | ||||||
| 11 | legal argument
concerning whether those provisions were | ||||||
| 12 | substantially re-enacted by other
Public Acts.
| ||||||
| 13 | (Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995, | ||||||
| 14 | eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14.)
| ||||||
| 15 | (720 ILCS 5/12-0.1)
| ||||||
| 16 | Sec. 12-0.1. Definitions. In this Article, unless the | ||||||
| 17 | context clearly requires otherwise: | ||||||
| 18 | "Bona fide labor dispute" means any controversy concerning | ||||||
| 19 | wages, salaries, hours, working conditions, or benefits, | ||||||
| 20 | including health and welfare, sick leave, insurance, and | ||||||
| 21 | pension or retirement provisions, the making or maintaining of | ||||||
| 22 | collective bargaining agreements, and the terms to be included | ||||||
| 23 | in those agreements. | ||||||
| 24 | "Coach" means a person recognized as a coach by the | ||||||
| 25 | sanctioning authority that conducts an athletic contest. | ||||||
| |||||||
| |||||||
| 1 | "Correctional institution employee" means a person | ||||||
| 2 | employed by a penal institution. | ||||||
| 3 | "Emergency medical technician" includes a paramedic, | ||||||
| 4 | ambulance driver, first aid worker, hospital worker, or other | ||||||
| 5 | medical assistance worker. | ||||||
| 6 | "Family or household members" include spouses, former | ||||||
| 7 | spouses, parents, children, stepchildren, and other persons | ||||||
| 8 | related by blood or by present or prior marriage, persons who | ||||||
| 9 | share or formerly shared a common dwelling, persons who have or | ||||||
| 10 | allegedly have a child in common, persons who share or | ||||||
| 11 | allegedly share a blood relationship through a child, persons | ||||||
| 12 | who have or have had a dating or engagement relationship, | ||||||
| 13 | persons with disabilities and their personal assistants, and | ||||||
| 14 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
| 15 | purposes of this Article, neither a casual acquaintanceship nor | ||||||
| 16 | ordinary fraternization between 2 individuals in business or | ||||||
| 17 | social contexts shall be deemed to constitute a dating | ||||||
| 18 | relationship. | ||||||
| 19 | "In the presence of a child" means in the physical presence | ||||||
| 20 | of a child or knowing or having reason to know that a child is | ||||||
| 21 | present and may see or hear an act constituting an offense. | ||||||
| 22 | "Park district employee" means a supervisor, director, | ||||||
| 23 | instructor, or other person employed by a park district. | ||||||
| 24 | "Person with a physical disability Physically handicapped | ||||||
| 25 | person" means a person who suffers from a permanent and | ||||||
| 26 | disabling physical characteristic, resulting from disease, | ||||||
| |||||||
| |||||||
| 1 | injury, functional disorder, or congenital condition. | ||||||
| 2 | "Private security officer" means a registered employee of a | ||||||
| 3 | private security contractor agency under the Private | ||||||
| 4 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 5 | Vendor, and Locksmith Act of 2004. | ||||||
| 6 | "Probation officer" means a person as defined in the | ||||||
| 7 | Probation and Probation Officers Act. | ||||||
| 8 | "Sports official" means a person at an athletic contest who | ||||||
| 9 | enforces the rules of the contest, such as an umpire or | ||||||
| 10 | referee. | ||||||
| 11 | "Sports venue" means a publicly or privately owned sports | ||||||
| 12 | or entertainment arena, stadium, community or convention hall, | ||||||
| 13 | special event center, or amusement facility, or a special event | ||||||
| 14 | center in a public park, during the 12 hours before or after | ||||||
| 15 | the sanctioned sporting event. | ||||||
| 16 | "Streetgang", "streetgang member", and "criminal street | ||||||
| 17 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
| 18 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
| 19 | "Transit employee" means a driver, operator, or employee of | ||||||
| 20 | any transportation facility or system engaged in the business | ||||||
| 21 | of transporting the public for hire. | ||||||
| 22 | "Transit passenger" means a passenger of any | ||||||
| 23 | transportation facility or system engaged in the business of | ||||||
| 24 | transporting the public for hire, including a passenger using | ||||||
| 25 | any area designated by a transportation facility or system as a | ||||||
| 26 | vehicle boarding, departure, or transfer location. | ||||||
| |||||||
| |||||||
| 1 | "Utility worker" means any of the following: | ||||||
| 2 | (1) A person employed by a public utility as defined in | ||||||
| 3 | Section 3-105 of the Public Utilities Act. | ||||||
| 4 | (2) An employee of a municipally owned utility. | ||||||
| 5 | (3) An employee of a cable television company. | ||||||
| 6 | (4) An employee of an electric cooperative as defined | ||||||
| 7 | in Section 3-119 of the Public Utilities Act. | ||||||
| 8 | (5) An independent contractor or an employee of an | ||||||
| 9 | independent contractor working on behalf of a cable | ||||||
| 10 | television company, public utility, municipally owned | ||||||
| 11 | utility, or electric cooperative. | ||||||
| 12 | (6) An employee of a telecommunications carrier as | ||||||
| 13 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
| 14 | an independent contractor or an employee of an independent | ||||||
| 15 | contractor working on behalf of a telecommunications | ||||||
| 16 | carrier. | ||||||
| 17 | (7) An employee of a telephone or telecommunications | ||||||
| 18 | cooperative as defined in Section 13-212 of the Public | ||||||
| 19 | Utilities Act, or an independent contractor or an employee | ||||||
| 20 | of an independent contractor working on behalf of a | ||||||
| 21 | telephone or telecommunications cooperative.
| ||||||
| 22 | (Source: P.A. 96-1551, eff. 7-1-11.)
| ||||||
| 23 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
| 24 | Sec. 12-2. Aggravated assault.
| ||||||
| 25 | (a) Offense based on location of conduct. A person commits | ||||||
| |||||||
| |||||||
| 1 | aggravated assault when he or she commits an assault against an | ||||||
| 2 | individual who is on or about a public way, public property, a | ||||||
| 3 | public place of accommodation or amusement, or a sports venue. | ||||||
| 4 | (b) Offense based on status of victim. A person commits | ||||||
| 5 | aggravated assault when, in committing an assault, he or she | ||||||
| 6 | knows the individual assaulted to be any of the following: | ||||||
| 7 | (1) A person with a physical disability physically | ||||||
| 8 | handicapped person or a person 60 years of age or older and | ||||||
| 9 | the assault is without legal justification. | ||||||
| 10 | (2) A teacher or school employee upon school grounds or | ||||||
| 11 | grounds adjacent to a school or in any part of a building | ||||||
| 12 | used for school purposes. | ||||||
| 13 | (3) A park district employee upon park grounds or | ||||||
| 14 | grounds adjacent to a park or in any part of a building | ||||||
| 15 | used for park purposes. | ||||||
| 16 | (4) A peace officer, community policing volunteer, | ||||||
| 17 | fireman, private security officer, emergency management | ||||||
| 18 | worker, emergency medical technician, or utility worker: | ||||||
| 19 | (i) performing his or her official duties; | ||||||
| 20 | (ii) assaulted to prevent performance of his or her | ||||||
| 21 | official duties; or | ||||||
| 22 | (iii) assaulted in retaliation for performing his | ||||||
| 23 | or her official duties. | ||||||
| 24 | (5) A correctional officer or probation officer: | ||||||
| 25 | (i) performing his or her official duties; | ||||||
| 26 | (ii) assaulted to prevent performance of his or her | ||||||
| |||||||
| |||||||
| 1 | official duties; or | ||||||
| 2 | (iii) assaulted in retaliation for performing his | ||||||
| 3 | or her official duties. | ||||||
| 4 | (6) A correctional institution employee, a county | ||||||
| 5 | juvenile detention center employee who provides direct and | ||||||
| 6 | continuous supervision of residents of a juvenile | ||||||
| 7 | detention center, including a county juvenile detention | ||||||
| 8 | center employee who supervises recreational activity for | ||||||
| 9 | residents of a juvenile detention center, or a Department | ||||||
| 10 | of Human Services employee, Department of Human Services | ||||||
| 11 | officer, or employee of a subcontractor of the Department | ||||||
| 12 | of Human Services supervising or controlling sexually | ||||||
| 13 | dangerous persons or sexually violent persons: | ||||||
| 14 | (i) performing his or her official duties; | ||||||
| 15 | (ii) assaulted to prevent performance of his or her | ||||||
| 16 | official duties; or | ||||||
| 17 | (iii) assaulted in retaliation for performing his | ||||||
| 18 | or her official duties. | ||||||
| 19 | (7) An employee of the State of Illinois, a municipal | ||||||
| 20 | corporation therein, or a political subdivision thereof, | ||||||
| 21 | performing his or her official duties. | ||||||
| 22 | (8) A transit employee performing his or her official | ||||||
| 23 | duties, or a transit passenger. | ||||||
| 24 | (9) A sports official or coach actively participating | ||||||
| 25 | in any level of athletic competition within a sports venue, | ||||||
| 26 | on an indoor playing field or outdoor playing field, or | ||||||
| |||||||
| |||||||
| 1 | within the immediate vicinity of such a facility or field. | ||||||
| 2 | (10) A person authorized to serve process under Section | ||||||
| 3 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 4 | server appointed by the circuit court, while that | ||||||
| 5 | individual is in the performance of his or her duties as a | ||||||
| 6 | process server. | ||||||
| 7 | (c) Offense based on use of firearm, device, or motor | ||||||
| 8 | vehicle. A person commits aggravated assault when, in | ||||||
| 9 | committing an assault, he or she does any of the following: | ||||||
| 10 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
| 11 | Section 24.8-0.1 of this Act the Air Rifle Act, or any | ||||||
| 12 | device manufactured and designed to be substantially | ||||||
| 13 | similar in appearance to a firearm, other than by | ||||||
| 14 | discharging a firearm. | ||||||
| 15 | (2) Discharges a firearm, other than from a motor | ||||||
| 16 | vehicle. | ||||||
| 17 | (3) Discharges a firearm from a motor vehicle. | ||||||
| 18 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
| 19 | identity. | ||||||
| 20 | (5) Knowingly and without lawful justification shines | ||||||
| 21 | or flashes a laser gun sight or other laser device attached | ||||||
| 22 | to a firearm, or used in concert with a firearm, so that | ||||||
| 23 | the laser beam strikes near or in the immediate vicinity of | ||||||
| 24 | any person. | ||||||
| 25 | (6) Uses a firearm, other than by discharging the | ||||||
| 26 | firearm, against a peace officer, community policing | ||||||
| |||||||
| |||||||
| 1 | volunteer, fireman, private security officer, emergency | ||||||
| 2 | management worker, emergency medical technician, employee | ||||||
| 3 | of a police department, employee of a sheriff's department, | ||||||
| 4 | or traffic control municipal employee: | ||||||
| 5 | (i) performing his or her official duties; | ||||||
| 6 | (ii) assaulted to prevent performance of his or her | ||||||
| 7 | official duties; or | ||||||
| 8 | (iii) assaulted in retaliation for performing his | ||||||
| 9 | or her official duties. | ||||||
| 10 | (7) Without justification operates a motor vehicle in a | ||||||
| 11 | manner which places a person, other than a person listed in | ||||||
| 12 | subdivision (b)(4), in reasonable apprehension of being | ||||||
| 13 | struck by the moving motor vehicle. | ||||||
| 14 | (8) Without justification operates a motor vehicle in a | ||||||
| 15 | manner which places a person listed in subdivision (b)(4), | ||||||
| 16 | in reasonable apprehension of being struck by the moving | ||||||
| 17 | motor vehicle. | ||||||
| 18 | (9) Knowingly video or audio records the offense with | ||||||
| 19 | the intent to disseminate the recording. | ||||||
| 20 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
| 21 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
| 22 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
| 23 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
| 24 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
| 25 | III weapon is used in the commission of the assault. Aggravated | ||||||
| 26 | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | ||||||
| |||||||
| |||||||
| 1 | (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
| 2 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
| 3 | is a Class 3 felony. | ||||||
| 4 | (e) For the purposes of this Section, "Category I weapon", | ||||||
| 5 | "Category II weapon, and "Category III weapon" have the | ||||||
| 6 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
| 7 | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; | ||||||
| 8 | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | ||||||
| 9 | 1-1-14; revised 12-10-14.)
| ||||||
| 10 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
| 11 | Sec. 12-3.05. Aggravated battery.
| ||||||
| 12 | (a) Offense based on injury. A person commits aggravated | ||||||
| 13 | battery when, in committing a battery, other than by the | ||||||
| 14 | discharge of a firearm, he or she knowingly does any of the | ||||||
| 15 | following: | ||||||
| 16 | (1) Causes great bodily harm or permanent disability or | ||||||
| 17 | disfigurement. | ||||||
| 18 | (2) Causes severe and permanent disability, great | ||||||
| 19 | bodily harm, or disfigurement by means of a caustic or | ||||||
| 20 | flammable substance, a poisonous gas, a deadly biological | ||||||
| 21 | or chemical contaminant or agent, a radioactive substance, | ||||||
| 22 | or a bomb or explosive compound. | ||||||
| 23 | (3) Causes great bodily harm or permanent disability or | ||||||
| 24 | disfigurement to an individual whom the person knows to be | ||||||
| 25 | a peace officer, community policing volunteer, fireman, | ||||||
| |||||||
| |||||||
| 1 | private security officer, correctional institution | ||||||
| 2 | employee, or Department of Human Services employee | ||||||
| 3 | supervising or controlling sexually dangerous persons or | ||||||
| 4 | sexually violent persons: | ||||||
| 5 | (i) performing his or her official duties; | ||||||
| 6 | (ii) battered to prevent performance of his or her | ||||||
| 7 | official duties; or | ||||||
| 8 | (iii) battered in retaliation for performing his | ||||||
| 9 | or her official duties. | ||||||
| 10 | (4) Causes great bodily harm or permanent disability or | ||||||
| 11 | disfigurement to an individual 60 years of age or older. | ||||||
| 12 | (5) Strangles another individual. | ||||||
| 13 | (b) Offense based on injury to a child or person with an | ||||||
| 14 | intellectual disability intellectually disabled person. A | ||||||
| 15 | person who is at least 18 years of age commits aggravated | ||||||
| 16 | battery when, in committing a battery, he or she knowingly and | ||||||
| 17 | without legal justification by any means: | ||||||
| 18 | (1) causes great bodily harm or permanent disability or | ||||||
| 19 | disfigurement to any child under the age of 13 years, or to | ||||||
| 20 | any person with a severe or profound intellectual | ||||||
| 21 | disability severely or profoundly intellectually disabled | ||||||
| 22 | person; or | ||||||
| 23 | (2) causes bodily harm or disability or disfigurement | ||||||
| 24 | to any child under the age of 13 years or to any person | ||||||
| 25 | with a severe or profound intellectual disability severely | ||||||
| 26 | or profoundly intellectually disabled person. | ||||||
| |||||||
| |||||||
| 1 | (c) Offense based on location of conduct. A person commits | ||||||
| 2 | aggravated battery when, in committing a battery, other than by | ||||||
| 3 | the discharge of a firearm, he or she is or the person battered | ||||||
| 4 | is on or about a public way, public property, a public place of | ||||||
| 5 | accommodation or amusement, a sports venue, or a domestic | ||||||
| 6 | violence shelter. | ||||||
| 7 | (d) Offense based on status of victim. A person commits | ||||||
| 8 | aggravated battery when, in committing a battery, other than by | ||||||
| 9 | discharge of a firearm, he or she knows the individual battered | ||||||
| 10 | to be any of the following: | ||||||
| 11 | (1) A person 60 years of age or older. | ||||||
| 12 | (2) A person who is pregnant or has a physical | ||||||
| 13 | disability physically handicapped. | ||||||
| 14 | (3) A teacher or school employee upon school grounds or | ||||||
| 15 | grounds adjacent to a school or in any part of a building | ||||||
| 16 | used for school purposes. | ||||||
| 17 | (4) A peace officer, community policing volunteer, | ||||||
| 18 | fireman, private security officer, correctional | ||||||
| 19 | institution employee, or Department of Human Services | ||||||
| 20 | employee supervising or controlling sexually dangerous | ||||||
| 21 | persons or sexually violent persons: | ||||||
| 22 | (i) performing his or her official duties; | ||||||
| 23 | (ii) battered to prevent performance of his or her | ||||||
| 24 | official duties; or | ||||||
| 25 | (iii) battered in retaliation for performing his | ||||||
| 26 | or her official duties. | ||||||
| |||||||
| |||||||
| 1 | (5) A judge, emergency management worker, emergency | ||||||
| 2 | medical technician, or utility worker: | ||||||
| 3 | (i) performing his or her official duties; | ||||||
| 4 | (ii) battered to prevent performance of his or her | ||||||
| 5 | official duties; or | ||||||
| 6 | (iii) battered in retaliation for performing his | ||||||
| 7 | or her official duties. | ||||||
| 8 | (6) An officer or employee of the State of Illinois, a | ||||||
| 9 | unit of local government, or a school district, while | ||||||
| 10 | performing his or her official duties. | ||||||
| 11 | (7) A transit employee performing his or her official | ||||||
| 12 | duties, or a transit passenger. | ||||||
| 13 | (8) A taxi driver on duty. | ||||||
| 14 | (9) A merchant who detains the person for an alleged | ||||||
| 15 | commission of retail theft under Section 16-26 of this Code | ||||||
| 16 | and the person without legal justification by any means | ||||||
| 17 | causes bodily harm to the merchant. | ||||||
| 18 | (10) A person authorized to serve process under Section | ||||||
| 19 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 20 | server appointed by the circuit court while that individual | ||||||
| 21 | is in the performance of his or her duties as a process | ||||||
| 22 | server. | ||||||
| 23 | (11) A nurse while in the performance of his or her | ||||||
| 24 | duties as a nurse. | ||||||
| 25 | (e) Offense based on use of a firearm. A person commits | ||||||
| 26 | aggravated battery when, in committing a battery, he or she | ||||||
| |||||||
| |||||||
| 1 | knowingly does any of the following: | ||||||
| 2 | (1) Discharges a firearm, other than a machine gun or a | ||||||
| 3 | firearm equipped with a silencer, and causes any injury to | ||||||
| 4 | another person. | ||||||
| 5 | (2) Discharges a firearm, other than a machine gun or a | ||||||
| 6 | firearm equipped with a silencer, and causes any injury to | ||||||
| 7 | a person he or she knows to be a peace officer, community | ||||||
| 8 | policing volunteer, person summoned by a police officer, | ||||||
| 9 | fireman, private security officer, correctional | ||||||
| 10 | institution employee, or emergency management worker: | ||||||
| 11 | (i) performing his or her official duties; | ||||||
| 12 | (ii) battered to prevent performance of his or her | ||||||
| 13 | official duties; or | ||||||
| 14 | (iii) battered in retaliation for performing his | ||||||
| 15 | or her official duties. | ||||||
| 16 | (3) Discharges a firearm, other than a machine gun or a | ||||||
| 17 | firearm equipped with a silencer, and causes any injury to | ||||||
| 18 | a person he or she knows to be an emergency medical | ||||||
| 19 | technician employed by a municipality or other | ||||||
| 20 | governmental unit: | ||||||
| 21 | (i) performing his or her official duties; | ||||||
| 22 | (ii) battered to prevent performance of his or her | ||||||
| 23 | official duties; or | ||||||
| 24 | (iii) battered in retaliation for performing his | ||||||
| 25 | or her official duties. | ||||||
| 26 | (4) Discharges a firearm and causes any injury to a | ||||||
| |||||||
| |||||||
| 1 | person he or she knows to be a teacher, a student in a | ||||||
| 2 | school, or a school employee, and the teacher, student, or | ||||||
| 3 | employee is upon school grounds or grounds adjacent to a | ||||||
| 4 | school or in any part of a building used for school | ||||||
| 5 | purposes. | ||||||
| 6 | (5) Discharges a machine gun or a firearm equipped with | ||||||
| 7 | a silencer, and causes any injury to another person. | ||||||
| 8 | (6) Discharges a machine gun or a firearm equipped with | ||||||
| 9 | a silencer, and causes any injury to a person he or she | ||||||
| 10 | knows to be a peace officer, community policing volunteer, | ||||||
| 11 | person summoned by a police officer, fireman, private | ||||||
| 12 | security officer, correctional institution employee or | ||||||
| 13 | emergency management worker: | ||||||
| 14 | (i) performing his or her official duties; | ||||||
| 15 | (ii) battered to prevent performance of his or her | ||||||
| 16 | official duties; or | ||||||
| 17 | (iii) battered in retaliation for performing his | ||||||
| 18 | or her official duties. | ||||||
| 19 | (7) Discharges a machine gun or a firearm equipped with | ||||||
| 20 | a silencer, and causes any injury to a person he or she | ||||||
| 21 | knows to be an emergency medical technician employed by a | ||||||
| 22 | municipality or other governmental unit: | ||||||
| 23 | (i) performing his or her official duties; | ||||||
| 24 | (ii) battered to prevent performance of his or her | ||||||
| 25 | official duties; or | ||||||
| 26 | (iii) battered in retaliation for performing his | ||||||
| |||||||
| |||||||
| 1 | or her official duties. | ||||||
| 2 | (8) Discharges a machine gun or a firearm equipped with | ||||||
| 3 | a silencer, and causes any injury to a person he or she | ||||||
| 4 | knows to be a teacher, or a student in a school, or a | ||||||
| 5 | school employee, and the teacher, student, or employee is | ||||||
| 6 | upon school grounds or grounds adjacent to a school or in | ||||||
| 7 | any part of a building used for school purposes. | ||||||
| 8 | (f) Offense based on use of a weapon or device. A person | ||||||
| 9 | commits aggravated battery when, in committing a battery, he or | ||||||
| 10 | she does any of the following: | ||||||
| 11 | (1) Uses a deadly weapon other than by discharge of a | ||||||
| 12 | firearm, or uses an air rifle as defined in Section | ||||||
| 13 | 24.8-0.1 of this Code. | ||||||
| 14 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
| 15 | identity. | ||||||
| 16 | (3) Knowingly and without lawful justification shines | ||||||
| 17 | or flashes a laser gunsight or other laser device attached | ||||||
| 18 | to a firearm, or used in concert with a firearm, so that | ||||||
| 19 | the laser beam strikes upon or against the person of | ||||||
| 20 | another. | ||||||
| 21 | (4) Knowingly video or audio records the offense with | ||||||
| 22 | the intent to disseminate the recording. | ||||||
| 23 | (g) Offense based on certain conduct. A person commits | ||||||
| 24 | aggravated battery when, other than by discharge of a firearm, | ||||||
| 25 | he or she does any of the following: | ||||||
| 26 | (1) Violates Section 401 of the Illinois Controlled | ||||||
| |||||||
| |||||||
| 1 | Substances Act by unlawfully delivering a controlled | ||||||
| 2 | substance to another and any user experiences great bodily | ||||||
| 3 | harm or permanent disability as a result of the injection, | ||||||
| 4 | inhalation, or ingestion of any amount of the controlled | ||||||
| 5 | substance. | ||||||
| 6 | (2) Knowingly administers to an individual or causes | ||||||
| 7 | him or her to take, without his or her consent or by threat | ||||||
| 8 | or deception, and for other than medical purposes, any | ||||||
| 9 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
| 10 | or controlled substance, or gives to another person any | ||||||
| 11 | food containing any substance or object intended to cause | ||||||
| 12 | physical injury if eaten. | ||||||
| 13 | (3) Knowingly causes or attempts to cause a | ||||||
| 14 | correctional institution employee or Department of Human | ||||||
| 15 | Services employee to come into contact with blood, seminal | ||||||
| 16 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
| 17 | the fluid or material, and the person is an inmate of a | ||||||
| 18 | penal institution or is a sexually dangerous person or | ||||||
| 19 | sexually violent person in the custody of the Department of | ||||||
| 20 | Human Services. | ||||||
| 21 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
| 22 | battery is a Class 3 felony. | ||||||
| 23 | Aggravated battery as defined in subdivision (a)(4), | ||||||
| 24 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
| 25 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
| 26 | (g)(1) is a Class 1 felony. | ||||||
| |||||||
| |||||||
| 1 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 2 | Class 1 felony when the aggravated battery was intentional and | ||||||
| 3 | involved the infliction of torture, as defined in paragraph | ||||||
| 4 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
| 5 | infliction of or subjection to extreme physical pain, motivated | ||||||
| 6 | by an intent to increase or prolong the pain, suffering, or | ||||||
| 7 | agony of the victim. | ||||||
| 8 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
| 9 | felony if: | ||||||
| 10 | (A) the person used or attempted to use a dangerous
| ||||||
| 11 | instrument while committing the offense; or | ||||||
| 12 | (B) the person caused great bodily harm or
permanent | ||||||
| 13 | disability or disfigurement to the other
person while | ||||||
| 14 | committing the offense; or | ||||||
| 15 | (C) the person has been previously convicted of a
| ||||||
| 16 | violation of subdivision (a)(5) under the laws of this
| ||||||
| 17 | State or laws similar to subdivision (a)(5) of any other
| ||||||
| 18 | state. | ||||||
| 19 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
| 20 | Class X felony. | ||||||
| 21 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
| 22 | Class X felony for which a person shall be sentenced to a term | ||||||
| 23 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
| 24 | years. | ||||||
| 25 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
| 26 | Class X felony for which a person shall be sentenced to a term | ||||||
| |||||||
| |||||||
| 1 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
| 2 | years. | ||||||
| 3 | Aggravated battery as defined in subdivision (e)(2), | ||||||
| 4 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
| 5 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
| 6 | and a maximum of 60 years. | ||||||
| 7 | Aggravated battery as defined in subdivision (e)(6), | ||||||
| 8 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
| 9 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
| 10 | and a maximum of 60 years. | ||||||
| 11 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
| 12 | Class X felony, except that: | ||||||
| 13 | (1) if the person committed the offense while armed | ||||||
| 14 | with a firearm, 15 years shall be added to the term of | ||||||
| 15 | imprisonment imposed by the court; | ||||||
| 16 | (2) if, during the commission of the offense, the | ||||||
| 17 | person personally discharged a firearm, 20 years shall be | ||||||
| 18 | added to the term of imprisonment imposed by the court; | ||||||
| 19 | (3) if, during the commission of the offense, the | ||||||
| 20 | person personally discharged a firearm that proximately | ||||||
| 21 | caused great bodily harm, permanent disability, permanent | ||||||
| 22 | disfigurement, or death to another person, 25 years or up | ||||||
| 23 | to a term of natural life shall be added to the term of | ||||||
| 24 | imprisonment imposed by the court. | ||||||
| 25 | (i) Definitions. For the purposes of this Section: | ||||||
| 26 | "Building or other structure used to provide shelter" has | ||||||
| |||||||
| |||||||
| 1 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
| 2 | Violence Shelters Act. | ||||||
| 3 | "Domestic violence" has the meaning ascribed to it in | ||||||
| 4 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
| 5 | "Domestic violence shelter" means any building or other | ||||||
| 6 | structure used to provide shelter or other services to victims | ||||||
| 7 | or to the dependent children of victims of domestic violence | ||||||
| 8 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
| 9 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
| 10 | such a building or other structure in the case of a person who | ||||||
| 11 | is going to or from such a building or other structure. | ||||||
| 12 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
| 13 | Firearm Owners Identification Card Act, and does
not include an | ||||||
| 14 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
| 15 | "Machine gun" has the meaning ascribed to it in Section | ||||||
| 16 | 24-1 of this Code. | ||||||
| 17 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
| 18 | of this Code. | ||||||
| 19 | "Strangle" means
intentionally impeding the normal | ||||||
| 20 | breathing or circulation of the blood of an individual by | ||||||
| 21 | applying pressure on the throat
or neck of that individual or | ||||||
| 22 | by blocking the nose or mouth of
that individual.
| ||||||
| 23 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. | ||||||
| 24 | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, | ||||||
| 25 | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
| 26 | eff. 7-16-14.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| ||||||
| 2 | Sec. 12C-10. Child abandonment.
| ||||||
| 3 | (a) A person commits child abandonment when he or
she, as a | ||||||
| 4 | parent, guardian, or other person having physical custody or | ||||||
| 5 | control
of a child, without regard for the mental or physical | ||||||
| 6 | health, safety, or
welfare of that child, knowingly leaves that | ||||||
| 7 | child who is under the age of 13
without supervision by a | ||||||
| 8 | responsible person over the age of 14 for a period of
24 hours | ||||||
| 9 | or more. It is not a violation of this Section for a person to | ||||||
| 10 | relinquish a child in accordance with the
Abandoned Newborn | ||||||
| 11 | Infant Protection Act.
| ||||||
| 12 | (b) For the purposes of determining whether the child was | ||||||
| 13 | left without
regard for the mental or physical health, safety, | ||||||
| 14 | or welfare of that child, the
trier of fact shall consider the | ||||||
| 15 | following factors:
| ||||||
| 16 | (1) the age of the child;
| ||||||
| 17 | (2) the number of children left at the location;
| ||||||
| 18 | (3) special needs of the child, including whether the | ||||||
| 19 | child is a person with a physical or mental disability is | ||||||
| 20 | physically
or mentally handicapped, or otherwise in need of | ||||||
| 21 | ongoing prescribed medical
treatment such as periodic | ||||||
| 22 | doses of insulin or other medications;
| ||||||
| 23 | (4) the duration of time in which the child was left | ||||||
| 24 | without supervision;
| ||||||
| 25 | (5) the condition and location of the place where the | ||||||
| |||||||
| |||||||
| 1 | child was left
without supervision;
| ||||||
| 2 | (6) the time of day or night when the child was left | ||||||
| 3 | without supervision;
| ||||||
| 4 | (7) the weather conditions, including whether the | ||||||
| 5 | child was left in a
location with adequate protection from | ||||||
| 6 | the natural elements such as adequate
heat or light;
| ||||||
| 7 | (8) the location of the parent, guardian, or other | ||||||
| 8 | person having physical
custody or control of the child at | ||||||
| 9 | the time the child was left without
supervision, the | ||||||
| 10 | physical distance the child was from the parent, guardian, | ||||||
| 11 | or
other person having physical custody or control of the | ||||||
| 12 | child at the time the
child was without supervision;
| ||||||
| 13 | (9) whether the child's movement was restricted, or the | ||||||
| 14 | child was
otherwise locked within a room or other | ||||||
| 15 | structure;
| ||||||
| 16 | (10) whether the child was given a phone number of a | ||||||
| 17 | person
or location to call in the event of an emergency and | ||||||
| 18 | whether the child was
capable of making an emergency call;
| ||||||
| 19 | (11) whether there was food and other provision left | ||||||
| 20 | for the child;
| ||||||
| 21 | (12) whether any of the conduct is attributable to | ||||||
| 22 | economic hardship or
illness and the parent, guardian or | ||||||
| 23 | other person having physical custody or
control of the | ||||||
| 24 | child made a good faith effort to provide for the health | ||||||
| 25 | and
safety of the child;
| ||||||
| 26 | (13) the age and physical and mental capabilities of | ||||||
| |||||||
| |||||||
| 1 | the person or persons
who provided supervision for the | ||||||
| 2 | child;
| ||||||
| 3 | (14) any other factor that would endanger the health or | ||||||
| 4 | safety of that
particular child;
| ||||||
| 5 | (15) whether the child was left under the supervision | ||||||
| 6 | of another person.
| ||||||
| 7 | (c) Child abandonment is a Class 4 felony. A second or | ||||||
| 8 | subsequent offense
after a prior conviction is a Class 3 | ||||||
| 9 | felony. A parent, who is found to be in violation of this | ||||||
| 10 | Section with respect to his or her child, may be sentenced to | ||||||
| 11 | probation for this offense pursuant to Section 12C-15.
| ||||||
| 12 | (Source: P.A. 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)
| ||||||
| 13 | (720 ILCS 5/16-30) | ||||||
| 14 | Sec. 16-30. Identity theft; aggravated identity theft.
| ||||||
| 15 | (a) A person commits identity theft when he or
she
| ||||||
| 16 | knowingly:
| ||||||
| 17 | (1) uses any personal
identifying information or | ||||||
| 18 | personal identification document of another
person to | ||||||
| 19 | fraudulently obtain credit, money, goods, services, or | ||||||
| 20 | other
property;
| ||||||
| 21 | (2) uses any personal identification information or | ||||||
| 22 | personal
identification document of another with intent to | ||||||
| 23 | commit any felony not set forth in
paragraph (1) of this | ||||||
| 24 | subsection (a);
| ||||||
| 25 | (3) obtains, records, possesses, sells, transfers, | ||||||
| |||||||
| |||||||
| 1 | purchases, or
manufactures any personal identification | ||||||
| 2 | information or personal
identification document of another | ||||||
| 3 | with intent to commit any felony;
| ||||||
| 4 | (4) uses, obtains, records, possesses, sells, | ||||||
| 5 | transfers, purchases,
or manufactures any personal | ||||||
| 6 | identification information or
personal identification | ||||||
| 7 | document of another knowing that such
personal | ||||||
| 8 | identification information or personal identification
| ||||||
| 9 | documents were stolen or produced without lawful | ||||||
| 10 | authority;
| ||||||
| 11 | (5) uses, transfers, or possesses document-making | ||||||
| 12 | implements to
produce false identification or false | ||||||
| 13 | documents with knowledge that
they will be used by the | ||||||
| 14 | person or another to commit any felony;
| ||||||
| 15 | (6) uses any personal identification information or | ||||||
| 16 | personal identification document of another to portray | ||||||
| 17 | himself or herself as that person, or otherwise, for the | ||||||
| 18 | purpose of gaining access to any personal identification | ||||||
| 19 | information or personal identification document of that | ||||||
| 20 | person, without the prior express permission of that | ||||||
| 21 | person; | ||||||
| 22 | (7) uses any personal identification information or | ||||||
| 23 | personal identification document of another for the | ||||||
| 24 | purpose of gaining access to any record of the actions | ||||||
| 25 | taken, communications made or received, or other | ||||||
| 26 | activities or transactions of that person, without the | ||||||
| |||||||
| |||||||
| 1 | prior express permission of that person;
| ||||||
| 2 | (7.5) uses, possesses, or transfers a radio frequency | ||||||
| 3 | identification device capable of obtaining or processing | ||||||
| 4 | personal identifying information from a radio frequency | ||||||
| 5 | identification (RFID) tag or transponder with knowledge | ||||||
| 6 | that the device will be used by the person or another to | ||||||
| 7 | commit a felony violation of State law or any violation of | ||||||
| 8 | this Article; or | ||||||
| 9 | (8) in the course of applying for a building permit | ||||||
| 10 | with a unit of local government, provides the license | ||||||
| 11 | number of a roofing or fire sprinkler contractor whom he or | ||||||
| 12 | she does not intend to have perform the work on the roofing | ||||||
| 13 | or fire sprinkler portion of the project; it is an | ||||||
| 14 | affirmative defense to prosecution under this paragraph | ||||||
| 15 | (8) that the building permit applicant promptly informed | ||||||
| 16 | the unit of local government that issued the building | ||||||
| 17 | permit of any change in the roofing or fire sprinkler | ||||||
| 18 | contractor. | ||||||
| 19 | (b) Aggravated identity theft. A person commits aggravated | ||||||
| 20 | identity theft when he or she commits identity theft as set | ||||||
| 21 | forth in subsection (a) of this Section: | ||||||
| 22 | (1) against a person 60 years of age or older or a | ||||||
| 23 | person with a disability; or | ||||||
| 24 | (2) in furtherance of the activities of an organized | ||||||
| 25 | gang. | ||||||
| 26 | A defense to aggravated identity theft does not exist | ||||||
| |||||||
| |||||||
| 1 | merely because the accused reasonably believed the victim to be | ||||||
| 2 | a person less than 60 years of age. For the purposes of this | ||||||
| 3 | subsection, "organized gang" has the meaning ascribed in | ||||||
| 4 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 5 | Prevention Act. | ||||||
| 6 | (c) Knowledge shall be determined by an evaluation of all | ||||||
| 7 | circumstances
surrounding the use of the other
person's | ||||||
| 8 | identifying information or document.
| ||||||
| 9 | (d) When a charge of identity theft or aggravated identity | ||||||
| 10 | theft of credit, money, goods,
services, or other property
| ||||||
| 11 | exceeding a specified value is brought, the value of the | ||||||
| 12 | credit, money, goods,
services, or other property is
an element | ||||||
| 13 | of the offense to be resolved by the trier of fact as either
| ||||||
| 14 | exceeding or not exceeding the
specified value.
| ||||||
| 15 | (e) Sentence.
| ||||||
| 16 | (1) Identity theft. | ||||||
| 17 | (A) A person convicted of identity theft in | ||||||
| 18 | violation of paragraph (1)
of subsection (a) shall be | ||||||
| 19 | sentenced as follows:
| ||||||
| 20 | (i) Identity theft of credit, money, goods, | ||||||
| 21 | services, or
other
property not exceeding $300 in
| ||||||
| 22 | value is a Class 4 felony. A person who has been | ||||||
| 23 | previously convicted of
identity theft of
less | ||||||
| 24 | than $300 who is convicted of a second or | ||||||
| 25 | subsequent offense of
identity theft of less than
| ||||||
| 26 | $300 is guilty of a Class 3 felony. A person who | ||||||
| |||||||
| |||||||
| 1 | has been convicted of identity
theft of less than
| ||||||
| 2 | $300 who has been previously convicted of any type | ||||||
| 3 | of theft, robbery, armed
robbery, burglary, | ||||||
| 4 | residential
burglary, possession of burglary | ||||||
| 5 | tools, home invasion, home repair fraud,
| ||||||
| 6 | aggravated home repair fraud, or
financial | ||||||
| 7 | exploitation of an elderly person or person with a | ||||||
| 8 | disability or disabled person is guilty of a Class | ||||||
| 9 | 3
felony. Identity theft of credit, money, goods, | ||||||
| 10 | services, or
other
property not exceeding $300 in
| ||||||
| 11 | value when the victim of the identity theft is an | ||||||
| 12 | active duty member of the Armed Services or Reserve | ||||||
| 13 | Forces of the United States or of the Illinois | ||||||
| 14 | National Guard serving in a foreign country is a | ||||||
| 15 | Class 3 felony. A person who has been previously | ||||||
| 16 | convicted of
identity theft of
less than $300 who | ||||||
| 17 | is convicted of a second or subsequent offense of
| ||||||
| 18 | identity theft of less than
$300 when the victim of | ||||||
| 19 | the identity theft is an active duty member of the | ||||||
| 20 | Armed Services or Reserve Forces of the United | ||||||
| 21 | States or of the Illinois National Guard serving in | ||||||
| 22 | a foreign country is guilty of a Class 2 felony. A | ||||||
| 23 | person who has been convicted of identity
theft of | ||||||
| 24 | less than
$300 when the victim of the identity | ||||||
| 25 | theft is an active duty member of the Armed | ||||||
| 26 | Services or Reserve Forces of the United States or | ||||||
| |||||||
| |||||||
| 1 | of the Illinois National Guard serving in a foreign | ||||||
| 2 | country who has been previously convicted of any | ||||||
| 3 | type of theft, robbery, armed
robbery, burglary, | ||||||
| 4 | residential
burglary, possession of burglary | ||||||
| 5 | tools, home invasion, home repair fraud,
| ||||||
| 6 | aggravated home repair fraud, or
financial | ||||||
| 7 | exploitation of an elderly person or person with a | ||||||
| 8 | disability or disabled person is guilty of a Class | ||||||
| 9 | 2
felony.
| ||||||
| 10 | (ii) Identity theft of credit, money, goods,
| ||||||
| 11 | services, or other
property exceeding $300 and not
| ||||||
| 12 | exceeding $2,000 in value is a Class 3 felony. | ||||||
| 13 | Identity theft of credit, money, goods,
services, | ||||||
| 14 | or other
property exceeding $300 and not
exceeding | ||||||
| 15 | $2,000 in value when the victim of the identity | ||||||
| 16 | theft is an active duty member of the Armed | ||||||
| 17 | Services or Reserve Forces of the United States or | ||||||
| 18 | of the Illinois National Guard serving in a foreign | ||||||
| 19 | country is a Class 2 felony.
| ||||||
| 20 | (iii) Identity theft of credit, money, goods,
| ||||||
| 21 | services, or other
property exceeding $2,000 and | ||||||
| 22 | not
exceeding $10,000 in value is a Class 2 felony. | ||||||
| 23 | Identity theft of credit, money, goods,
services, | ||||||
| 24 | or other
property exceeding $2,000 and not
| ||||||
| 25 | exceeding $10,000 in value when the victim of the | ||||||
| 26 | identity theft is an active duty member of the | ||||||
| |||||||
| |||||||
| 1 | Armed Services or Reserve Forces of the United | ||||||
| 2 | States or of the Illinois National Guard serving in | ||||||
| 3 | a foreign country is a Class 1 felony.
| ||||||
| 4 | (iv) Identity theft of credit, money, goods,
| ||||||
| 5 | services, or other
property exceeding $10,000 and
| ||||||
| 6 | not exceeding $100,000 in value is a Class 1 | ||||||
| 7 | felony. Identity theft of credit, money, goods,
| ||||||
| 8 | services, or other
property exceeding $10,000 and
| ||||||
| 9 | not exceeding $100,000 in value when the victim of | ||||||
| 10 | the identity theft is an active duty member of the | ||||||
| 11 | Armed Services or Reserve Forces of the United | ||||||
| 12 | States or of the Illinois National Guard serving in | ||||||
| 13 | a foreign country is a Class X felony.
| ||||||
| 14 | (v) Identity theft of credit, money, goods,
| ||||||
| 15 | services, or
other property exceeding $100,000 in
| ||||||
| 16 | value is a Class X felony.
| ||||||
| 17 | (B) A person convicted of any offense enumerated in | ||||||
| 18 | paragraphs
(2) through (7.5) of subsection (a) is | ||||||
| 19 | guilty of a Class 3 felony. A person convicted of any | ||||||
| 20 | offense enumerated in paragraphs
(2) through (7.5) of | ||||||
| 21 | subsection (a) when the victim of the identity theft is | ||||||
| 22 | an active duty member of the Armed Services or Reserve | ||||||
| 23 | Forces of the United States or of the Illinois National | ||||||
| 24 | Guard serving in a foreign country is guilty of a Class | ||||||
| 25 | 2 felony.
| ||||||
| 26 | (C) A person convicted of any offense enumerated in | ||||||
| |||||||
| |||||||
| 1 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
| 2 | a second or subsequent time is
guilty of a Class 2 | ||||||
| 3 | felony. A person convicted of any offense enumerated in | ||||||
| 4 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
| 5 | a second or subsequent time when the victim of the | ||||||
| 6 | identity theft is an active duty member of the Armed | ||||||
| 7 | Services or Reserve Forces of the United States or of | ||||||
| 8 | the Illinois National Guard serving in a foreign | ||||||
| 9 | country is
guilty of a Class 1 felony.
| ||||||
| 10 | (D) A person who, within a 12-month period, is | ||||||
| 11 | found in violation
of any offense enumerated in | ||||||
| 12 | paragraphs (2) through (7.5) of
subsection (a) with | ||||||
| 13 | respect to the identifiers of, or other information | ||||||
| 14 | relating to, 3 or more
separate individuals, at the | ||||||
| 15 | same time or consecutively, is guilty
of a Class 2 | ||||||
| 16 | felony. A person who, within a 12-month period, is | ||||||
| 17 | found in violation
of any offense enumerated in | ||||||
| 18 | paragraphs (2) through (7.5) of
subsection (a) with | ||||||
| 19 | respect to the identifiers of, or other information | ||||||
| 20 | relating to, 3 or more
separate individuals, at the | ||||||
| 21 | same time or consecutively, when the victim of the | ||||||
| 22 | identity theft is an active duty member of the Armed | ||||||
| 23 | Services or Reserve Forces of the United States or of | ||||||
| 24 | the Illinois National Guard serving in a foreign | ||||||
| 25 | country is guilty
of a Class 1 felony.
| ||||||
| 26 | (E) A person convicted of identity theft in | ||||||
| |||||||
| |||||||
| 1 | violation of paragraph (2) of subsection (a) who uses | ||||||
| 2 | any personal identification information or personal
| ||||||
| 3 | identification document of another to purchase | ||||||
| 4 | methamphetamine manufacturing material as defined in | ||||||
| 5 | Section 10 of the Methamphetamine Control and | ||||||
| 6 | Community Protection Act with the intent to unlawfully | ||||||
| 7 | manufacture methamphetamine is guilty of a Class 2 | ||||||
| 8 | felony for a first offense and a Class 1 felony for a | ||||||
| 9 | second or subsequent offense.
A person convicted of | ||||||
| 10 | identity theft in violation of paragraph (2) of | ||||||
| 11 | subsection (a) who uses any personal identification | ||||||
| 12 | information or personal
identification document of | ||||||
| 13 | another to purchase methamphetamine manufacturing | ||||||
| 14 | material as defined in Section 10 of the | ||||||
| 15 | Methamphetamine Control and Community Protection Act | ||||||
| 16 | with the intent to unlawfully manufacture | ||||||
| 17 | methamphetamine when the victim of the identity theft | ||||||
| 18 | is an active duty member of the Armed Services or | ||||||
| 19 | Reserve Forces of the United States or of the Illinois | ||||||
| 20 | National Guard serving in a foreign country is guilty | ||||||
| 21 | of a Class 1 felony for a first offense and a Class X | ||||||
| 22 | felony for a second or subsequent offense.
| ||||||
| 23 | (F) A person convicted of identity theft in | ||||||
| 24 | violation of paragraph (8) of subsection (a) of this | ||||||
| 25 | Section is guilty of a Class 4 felony. | ||||||
| 26 | (2) Aggravated identity theft. | ||||||
| |||||||
| |||||||
| 1 | (A) Aggravated identity theft of credit, money, | ||||||
| 2 | goods, services, or other property not exceeding $300 | ||||||
| 3 | in value is a Class 3 felony. | ||||||
| 4 | (B) Aggravated identity theft of credit, money, | ||||||
| 5 | goods, services, or other property exceeding $300 and | ||||||
| 6 | not exceeding $10,000 in value is a Class 2 felony. | ||||||
| 7 | (C) Aggravated identity theft of credit, money, | ||||||
| 8 | goods, services, or other property exceeding $10,000 | ||||||
| 9 | in value and not exceeding $100,000 in value is a Class | ||||||
| 10 | 1 felony. | ||||||
| 11 | (D) Aggravated identity theft of credit, money, | ||||||
| 12 | goods, services, or other property exceeding $100,000 | ||||||
| 13 | in value is a Class X felony. | ||||||
| 14 | (E) Aggravated identity theft for a violation of | ||||||
| 15 | any offense enumerated in paragraphs (2) through (7.5) | ||||||
| 16 | of subsection (a) of this Section is a Class 2 felony. | ||||||
| 17 | (F) Aggravated identity theft when a person who, | ||||||
| 18 | within a 12-month period, is found in violation of any | ||||||
| 19 | offense enumerated in paragraphs (2) through (7.5) of | ||||||
| 20 | subsection (a) of this Section with identifiers of, or | ||||||
| 21 | other information relating to, 3 or more separate | ||||||
| 22 | individuals, at the same time or consecutively, is a | ||||||
| 23 | Class 1 felony. | ||||||
| 24 | (G) A person who has been previously convicted of | ||||||
| 25 | aggravated identity theft regardless of the value of | ||||||
| 26 | the property involved who is convicted of a second or | ||||||
| |||||||
| |||||||
| 1 | subsequent offense of aggravated identity theft | ||||||
| 2 | regardless of the value of the property involved is | ||||||
| 3 | guilty of a Class X felony.
| ||||||
| 4 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff. | ||||||
| 5 | 8-12-11, and 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 6 | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||||
| 7 | Sec. 17-2. False personation; solicitation. | ||||||
| 8 | (a) False personation; solicitation. | ||||||
| 9 | (1) A person commits a false personation when he or she | ||||||
| 10 | knowingly and falsely represents
himself or herself to be a | ||||||
| 11 | member or representative of any
veterans' or public safety | ||||||
| 12 | personnel organization
or a representative of
any | ||||||
| 13 | charitable organization, or when he or she knowingly | ||||||
| 14 | exhibits or uses in any manner
any decal, badge or insignia | ||||||
| 15 | of any
charitable, public safety personnel, or veterans' | ||||||
| 16 | organization
when not authorized to
do so by the
| ||||||
| 17 | charitable, public safety personnel, or veterans' | ||||||
| 18 | organization.
"Public safety personnel organization" has | ||||||
| 19 | the meaning ascribed to that term
in Section 1 of the | ||||||
| 20 | Solicitation for Charity Act.
| ||||||
| 21 | (2) A person commits a false personation when he or she | ||||||
| 22 | knowingly and falsely
represents himself or herself to be a | ||||||
| 23 | veteran in seeking employment or
public office.
In this | ||||||
| 24 | paragraph, "veteran" means a person who has served in the
| ||||||
| 25 | Armed Services or Reserve
Forces of the United States.
| ||||||
| |||||||
| |||||||
| 1 | (2.5) A person commits a false personation when he or | ||||||
| 2 | she knowingly and falsely represents himself or herself to | ||||||
| 3 | be: | ||||||
| 4 | (A) another actual person and does an act in such | ||||||
| 5 | assumed character with intent to intimidate, threaten, | ||||||
| 6 | injure, defraud, or to obtain a benefit from another; | ||||||
| 7 | or | ||||||
| 8 | (B) a representative of an actual person or | ||||||
| 9 | organization and does an act in such false capacity | ||||||
| 10 | with intent to obtain a benefit or to injure or defraud | ||||||
| 11 | another. | ||||||
| 12 | (3) No person shall knowingly use the words "Police", | ||||||
| 13 | "Police
Department", "Patrolman", "Sergeant", | ||||||
| 14 | "Lieutenant",
"Peace Officer", "Sheriff's Police", | ||||||
| 15 | "Sheriff", "Officer", "Law Enforcement", "Trooper", | ||||||
| 16 | "Deputy", "Deputy Sheriff", "State Police",
or
any other | ||||||
| 17 | words to the same effect (i) in the title
of any | ||||||
| 18 | organization, magazine, or other publication without the | ||||||
| 19 | express
approval of the named public safety personnel | ||||||
| 20 | organization's governing board or (ii) in combination with | ||||||
| 21 | the name of any state, state agency, public university, or | ||||||
| 22 | unit of local government without the express written | ||||||
| 23 | authorization of that state, state agency, public | ||||||
| 24 | university, or unit of local government.
| ||||||
| 25 | (4) No person may knowingly claim or represent that he | ||||||
| 26 | or she is acting on behalf
of
any public safety personnel | ||||||
| |||||||
| |||||||
| 1 | organization when soliciting financial contributions or | ||||||
| 2 | selling or
delivering or offering
to sell or deliver any | ||||||
| 3 | merchandise, goods, services, memberships, or
| ||||||
| 4 | advertisements unless the
chief of the police department, | ||||||
| 5 | fire department, and the
corporate or municipal authority | ||||||
| 6 | thereof,
or the sheriff has first
entered into a written
| ||||||
| 7 | agreement with the person or with an organization with | ||||||
| 8 | which the person is
affiliated and the
agreement permits | ||||||
| 9 | the activity and specifies and states clearly and fully the | ||||||
| 10 | purpose for which the proceeds of the solicitation, | ||||||
| 11 | contribution, or sale will be used.
| ||||||
| 12 | (5) No person, when soliciting financial contributions | ||||||
| 13 | or selling or
delivering or offering
to sell or deliver any | ||||||
| 14 | merchandise, goods, services, memberships, or
| ||||||
| 15 | advertisements may claim
or represent that he or she is | ||||||
| 16 | representing or acting on behalf of any
nongovernmental
| ||||||
| 17 | organization by any name which includes "officer", "peace | ||||||
| 18 | officer", "police",
"law
enforcement", "trooper", | ||||||
| 19 | "sheriff", "deputy", "deputy sheriff", "State police",
or | ||||||
| 20 | any other word
or words which would reasonably be | ||||||
| 21 | understood to imply that the organization is
composed of
| ||||||
| 22 | law enforcement personnel unless: | ||||||
| 23 | (A) the person is actually representing or acting
| ||||||
| 24 | on behalf of the
nongovernmental organization; | ||||||
| 25 | (B) the nongovernmental organization is
controlled | ||||||
| 26 | by and
governed by a membership of and represents a | ||||||
| |||||||
| |||||||
| 1 | group or association of active
duty peace officers,
| ||||||
| 2 | retired peace officers, or injured peace officers; and | ||||||
| 3 | (C) before commencing the
solicitation or the
sale | ||||||
| 4 | or the offers to sell any merchandise, goods, services, | ||||||
| 5 | memberships, or
advertisements, a
written contract | ||||||
| 6 | between the soliciting or selling person and the
| ||||||
| 7 | nongovernmental
organization, which specifies and | ||||||
| 8 | states clearly and fully the purposes for which the | ||||||
| 9 | proceeds of the solicitation, contribution, or sale | ||||||
| 10 | will be used, has been entered into.
| ||||||
| 11 | (6) No person, when soliciting financial contributions | ||||||
| 12 | or selling or
delivering or
offering to sell or deliver any | ||||||
| 13 | merchandise, goods, services, memberships, or
| ||||||
| 14 | advertisements,
may knowingly claim or represent that he or | ||||||
| 15 | she is representing or acting on behalf of
any | ||||||
| 16 | nongovernmental
organization by any name which includes | ||||||
| 17 | the term "fireman", "fire fighter",
"paramedic", or any
| ||||||
| 18 | other word or words which would reasonably be understood to | ||||||
| 19 | imply that the
organization is
composed of fire fighter or | ||||||
| 20 | paramedic personnel unless: | ||||||
| 21 | (A) the person is actually
representing or
acting | ||||||
| 22 | on behalf of the nongovernmental organization; | ||||||
| 23 | (B) the nongovernmental
organization is
controlled | ||||||
| 24 | by and governed by a membership of and represents a | ||||||
| 25 | group or
association of active
duty, retired, or | ||||||
| 26 | injured fire fighters (for the purposes of this | ||||||
| |||||||
| |||||||
| 1 | Section,
"fire fighter" has the
meaning ascribed to | ||||||
| 2 | that term in Section 2 of the Illinois Fire Protection
| ||||||
| 3 | Training Act)
or active duty, retired, or injured | ||||||
| 4 | emergency medical technicians - ambulance,
emergency
| ||||||
| 5 | medical technicians - intermediate, emergency medical | ||||||
| 6 | technicians - paramedic,
ambulance
drivers, or other | ||||||
| 7 | medical assistance or first aid personnel; and | ||||||
| 8 | (C) before
commencing the solicitation
or the sale | ||||||
| 9 | or delivery or the offers to sell or deliver any | ||||||
| 10 | merchandise,
goods, services,
memberships, or | ||||||
| 11 | advertisements, the soliciting or selling person and | ||||||
| 12 | the nongovernmental organization have entered into a | ||||||
| 13 | written contract that specifies and states clearly and | ||||||
| 14 | fully the purposes for which the proceeds of the | ||||||
| 15 | solicitation, contribution, or sale will be used.
| ||||||
| 16 | (7) No person may knowingly claim or represent that he | ||||||
| 17 | or she is an airman, airline employee, airport employee, or | ||||||
| 18 | contractor at an airport in order to obtain the uniform, | ||||||
| 19 | identification card, license, or other identification | ||||||
| 20 | paraphernalia of an airman, airline employee, airport | ||||||
| 21 | employee, or contractor at an airport.
| ||||||
| 22 | (8) No person, firm,
copartnership, or corporation | ||||||
| 23 | (except corporations organized and doing business
under | ||||||
| 24 | the Pawners Societies Act)
shall knowingly use a name that | ||||||
| 25 | contains in it the words
"Pawners' Society". | ||||||
| 26 | (b) False personation; public officials and employees. A | ||||||
| |||||||
| |||||||
| 1 | person commits a false personation if he or she knowingly and | ||||||
| 2 | falsely represents himself or herself to be any of the | ||||||
| 3 | following: | ||||||
| 4 | (1) An attorney authorized to practice law for purposes | ||||||
| 5 | of compensation or consideration. This paragraph (b)(1) | ||||||
| 6 | does not apply to a person who unintentionally fails to pay | ||||||
| 7 | attorney registration fees established by Supreme Court | ||||||
| 8 | Rule. | ||||||
| 9 | (2) A public officer or a public employee or an | ||||||
| 10 | official or employee of the federal government. | ||||||
| 11 | (2.3) A public officer, a public employee, or an | ||||||
| 12 | official or employee of the federal government, and the | ||||||
| 13 | false representation is made in furtherance of the | ||||||
| 14 | commission of felony. | ||||||
| 15 | (2.7) A public officer or a public employee, and the | ||||||
| 16 | false representation is for the purpose of effectuating | ||||||
| 17 | identity theft as defined in Section 16-30 of this Code. | ||||||
| 18 | (3) A peace officer. | ||||||
| 19 | (4) A peace officer while carrying a deadly weapon. | ||||||
| 20 | (5) A peace officer in attempting or committing a | ||||||
| 21 | felony. | ||||||
| 22 | (6) A peace officer in attempting or committing a | ||||||
| 23 | forcible felony. | ||||||
| 24 | (7) The parent, legal guardian, or other relation of a | ||||||
| 25 | minor child to any public official, public employee, or | ||||||
| 26 | elementary or secondary school employee or administrator. | ||||||
| |||||||
| |||||||
| 1 | (7.5) The legal guardian, including any representative | ||||||
| 2 | of a State or public guardian, of a person with a | ||||||
| 3 | disability disabled person appointed under Article XIa of | ||||||
| 4 | the Probate Act of 1975. | ||||||
| 5 | (8) A fire fighter. | ||||||
| 6 | (9) A fire fighter while carrying a deadly weapon. | ||||||
| 7 | (10) A fire fighter in attempting or committing a | ||||||
| 8 | felony. | ||||||
| 9 | (11) An emergency management worker of any | ||||||
| 10 | jurisdiction in this State. | ||||||
| 11 | (12) An emergency management worker of any | ||||||
| 12 | jurisdiction in this State in attempting or committing a | ||||||
| 13 | felony.
For the purposes of this subsection (b), "emergency | ||||||
| 14 | management worker" has the meaning provided under Section | ||||||
| 15 | 2-6.6 of this Code. | ||||||
| 16 | (b-5) The trier of fact may infer that a person falsely | ||||||
| 17 | represents himself or herself to be a public officer or a | ||||||
| 18 | public employee or an official or employee of the federal | ||||||
| 19 | government if the person: | ||||||
| 20 | (1) wears or displays without authority any uniform, | ||||||
| 21 | badge, insignia, or facsimile thereof by which a public | ||||||
| 22 | officer or public employee or official or employee of the | ||||||
| 23 | federal government is lawfully distinguished; or | ||||||
| 24 | (2) falsely expresses by word or action that he or she | ||||||
| 25 | is a public officer or public employee or official or | ||||||
| 26 | employee of the federal government and is acting with | ||||||
| |||||||
| |||||||
| 1 | approval or authority of a public agency or department. | ||||||
| 2 | (c) Fraudulent advertisement of a corporate name. | ||||||
| 3 | (1) A company, association, or individual commits | ||||||
| 4 | fraudulent advertisement of a corporate name if he, she, or | ||||||
| 5 | it, not being incorporated, puts forth a sign or | ||||||
| 6 | advertisement and assumes, for the purpose of soliciting | ||||||
| 7 | business, a corporate name. | ||||||
| 8 | (2) Nothing contained in this subsection (c) prohibits | ||||||
| 9 | a corporation, company, association, or person from using a | ||||||
| 10 | divisional designation or trade name in conjunction with | ||||||
| 11 | its corporate name or assumed name under Section 4.05 of | ||||||
| 12 | the Business Corporation Act of 1983 or, if it is a member | ||||||
| 13 | of a partnership or joint venture, from doing partnership | ||||||
| 14 | or joint venture business under the partnership or joint | ||||||
| 15 | venture name. The name under which the joint venture or | ||||||
| 16 | partnership does business may differ from the names of the | ||||||
| 17 | members. Business may not be conducted or transacted under | ||||||
| 18 | that joint venture or partnership name, however, unless all | ||||||
| 19 | provisions of the Assumed Business Name Act have been | ||||||
| 20 | complied with. Nothing in this subsection (c) permits a | ||||||
| 21 | foreign corporation to do business in this State without | ||||||
| 22 | complying with all Illinois laws regulating the doing of | ||||||
| 23 | business by foreign corporations. No foreign corporation | ||||||
| 24 | may conduct or transact business in this State as a member | ||||||
| 25 | of a partnership or joint venture that violates any | ||||||
| 26 | Illinois law regulating or pertaining to the doing of | ||||||
| |||||||
| |||||||
| 1 | business by foreign corporations in Illinois. | ||||||
| 2 | (3) The provisions of this subsection (c) do not apply | ||||||
| 3 | to limited partnerships formed under the Revised Uniform | ||||||
| 4 | Limited Partnership Act or under the Uniform Limited | ||||||
| 5 | Partnership Act (2001). | ||||||
| 6 | (d) False law enforcement badges. | ||||||
| 7 | (1) A person commits false law enforcement badges if he | ||||||
| 8 | or she knowingly produces, sells, or distributes a law | ||||||
| 9 | enforcement badge without the express written consent of | ||||||
| 10 | the law enforcement agency represented on the badge or, in | ||||||
| 11 | case of a reorganized or defunct law enforcement agency, | ||||||
| 12 | its successor law enforcement agency. | ||||||
| 13 | (2) It is a defense to false law enforcement badges | ||||||
| 14 | that the law enforcement badge is used or is intended to be | ||||||
| 15 | used exclusively: (i) as a memento or in a collection or | ||||||
| 16 | exhibit; (ii) for decorative purposes; or (iii) for a | ||||||
| 17 | dramatic presentation, such as a theatrical, film, or | ||||||
| 18 | television production. | ||||||
| 19 | (e) False medals. | ||||||
| 20 | (1) A person commits a false personation if he or she | ||||||
| 21 | knowingly and falsely represents himself or herself to be a | ||||||
| 22 | recipient of, or wears on his or her person, any of the | ||||||
| 23 | following medals if that medal was not awarded to that | ||||||
| 24 | person by the United States Government, irrespective of | ||||||
| 25 | branch of service: The Congressional Medal of Honor, The | ||||||
| 26 | Distinguished Service Cross, The Navy Cross, The Air Force | ||||||
| |||||||
| |||||||
| 1 | Cross, The Silver Star, The Bronze Star, or the Purple | ||||||
| 2 | Heart. | ||||||
| 3 | (2) It is a defense to a prosecution under paragraph | ||||||
| 4 | (e)(1) that the medal is used, or is intended to be used, | ||||||
| 5 | exclusively: | ||||||
| 6 | (A) for a dramatic presentation, such as a | ||||||
| 7 | theatrical, film, or television production, or a | ||||||
| 8 | historical re-enactment; or | ||||||
| 9 | (B) for a costume worn, or intended to be worn, by | ||||||
| 10 | a person under 18 years of age. | ||||||
| 11 | (f) Sentence. | ||||||
| 12 | (1) A violation of paragraph (a)(8) is a petty offense | ||||||
| 13 | subject to a fine of not less than $5 nor more than $100, | ||||||
| 14 | and the person, firm, copartnership, or corporation | ||||||
| 15 | commits an additional petty offense for each day he, she, | ||||||
| 16 | or it continues to commit the violation. A violation of | ||||||
| 17 | paragraph (c)(1) is a petty offense, and the company, | ||||||
| 18 | association, or person commits an additional petty offense | ||||||
| 19 | for each day he, she, or it continues to commit the | ||||||
| 20 | violation. A violation of subsection (e) is a petty offense | ||||||
| 21 | for which the offender shall be fined at least $100 and not | ||||||
| 22 | more than $200. | ||||||
| 23 | (2) A violation of paragraph (a)(1), (a)(3), or | ||||||
| 24 | (b)(7.5) is a Class C misdemeanor. | ||||||
| 25 | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | ||||||
| 26 | (b)(2), or (b)(7) or subsection (d) is a Class A | ||||||
| |||||||
| |||||||
| 1 | misdemeanor. A second or subsequent violation of | ||||||
| 2 | subsection (d) is a Class 3 felony. | ||||||
| 3 | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||||||
| 4 | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | ||||||
| 5 | Class 4 felony. | ||||||
| 6 | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | ||||||
| 7 | is a Class 3 felony. | ||||||
| 8 | (6) A violation of paragraph (b)(5) or (b)(10) is a | ||||||
| 9 | Class 2 felony. | ||||||
| 10 | (7) A violation of paragraph (b)(6) is a Class 1 | ||||||
| 11 | felony.
| ||||||
| 12 | (g) A violation of subsection (a)(1) through (a)(7) or | ||||||
| 13 | subsection (e) of this Section may be accomplished in person or | ||||||
| 14 | by any means of communication, including but not limited to the | ||||||
| 15 | use of an Internet website or any form of electronic | ||||||
| 16 | communication. | ||||||
| 17 | (Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
| 18 | incorporates change to Sec. 32-5 from 97-219; 97-1109, eff. | ||||||
| 19 | 1-1-13; 98-1125, eff. 1-1-15.)
| ||||||
| 20 | (720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
| ||||||
| 21 | Sec. 17-6. State benefits fraud. | ||||||
| 22 | (a) A person commits State benefits fraud when he or she | ||||||
| 23 | obtains or attempts
to obtain money or benefits from the State | ||||||
| 24 | of Illinois, from any political
subdivision thereof, or from | ||||||
| 25 | any program funded or administered in whole
or in part by the | ||||||
| |||||||
| |||||||
| 1 | State of Illinois or any political subdivision thereof
through | ||||||
| 2 | the knowing use of false identification documents or through | ||||||
| 3 | the
knowing misrepresentation of his or her age, place of | ||||||
| 4 | residence, number of dependents,
marital or family status, | ||||||
| 5 | employment status, financial status, or any other
material fact | ||||||
| 6 | upon which his eligibility for or degree of participation
in | ||||||
| 7 | any benefit program might be based.
| ||||||
| 8 | (b) Notwithstanding any provision of State law to the | ||||||
| 9 | contrary, every
application or other document submitted to an | ||||||
| 10 | agency or department of the
State of Illinois or any political | ||||||
| 11 | subdivision thereof to establish or determine
eligibility for | ||||||
| 12 | money or benefits from the State of Illinois or from any
| ||||||
| 13 | political subdivision thereof, or from any program funded or | ||||||
| 14 | administered
in whole or in part by the State of Illinois or | ||||||
| 15 | any political subdivision
thereof, shall be made available upon | ||||||
| 16 | request to any law enforcement agency
for use in the | ||||||
| 17 | investigation or prosecution of State benefits fraud or for
use | ||||||
| 18 | in the investigation or prosecution of any other crime arising | ||||||
| 19 | out of
the same transaction or occurrence. Except as otherwise | ||||||
| 20 | permitted by law,
information disclosed pursuant to this | ||||||
| 21 | subsection shall be used and disclosed
only for the purposes | ||||||
| 22 | provided herein. The provisions of this Section shall
be | ||||||
| 23 | operative only to the extent that they do not conflict with any | ||||||
| 24 | federal
law or regulation governing federal grants to this | ||||||
| 25 | State.
| ||||||
| 26 | (c) Any employee of the State of Illinois or any agency or | ||||||
| |||||||
| |||||||
| 1 | political subdivision
thereof may seize as evidence any false | ||||||
| 2 | or fraudulent document presented
to him or her in connection | ||||||
| 3 | with an application for or receipt of money or benefits
from | ||||||
| 4 | the State of Illinois, from any political subdivision thereof, | ||||||
| 5 | or from
any program funded or administered in whole or in part | ||||||
| 6 | by the State of Illinois
or any political subdivision thereof.
| ||||||
| 7 | (d) Sentence. | ||||||
| 8 | (1) State benefits fraud is a Class 4 felony except when | ||||||
| 9 | more than $300
is obtained, in which case State benefits fraud | ||||||
| 10 | is a Class 3 felony. | ||||||
| 11 | (2) If a person knowingly misrepresents oneself as a | ||||||
| 12 | veteran or as a dependent of a veteran with the intent of | ||||||
| 13 | obtaining benefits or privileges provided by the State or its | ||||||
| 14 | political subdivisions to veterans or their dependents, then | ||||||
| 15 | State benefits fraud is a Class 3 felony when $300 or less is | ||||||
| 16 | obtained and a Class 2 felony when more than $300 is obtained. | ||||||
| 17 | For the purposes of this paragraph (2), benefits and privileges | ||||||
| 18 | include, but are not limited to, those benefits and privileges | ||||||
| 19 | available under the Veterans' Employment Act, the Viet Nam | ||||||
| 20 | Veterans Compensation Act, the Prisoner of War Bonus Act, the | ||||||
| 21 | War Bonus Extension Act, the Military Veterans Assistance Act, | ||||||
| 22 | the Veterans' Employment Representative Act, the Veterans | ||||||
| 23 | Preference Act, the Service Member's Employment Tenure Act, the | ||||||
| 24 | Housing for Veterans with Disabilities Act Disabled Veterans | ||||||
| 25 | Housing Act, the Under Age Veterans Benefits Act, the Survivors | ||||||
| 26 | Compensation Act, the Children of Deceased Veterans Act, the | ||||||
| |||||||
| |||||||
| 1 | Veterans Burial Places Act, the Higher Education Student | ||||||
| 2 | Assistance Act, or any other loans, assistance in employment, | ||||||
| 3 | monetary payments, or tax exemptions offered by the State or | ||||||
| 4 | its political subdivisions for veterans or their dependents.
| ||||||
| 5 | (Source: P.A. 96-1551, eff. 7-1-11.)
| ||||||
| 6 | (720 ILCS 5/17-6.5)
| ||||||
| 7 | Sec. 17-6.5. Persons under deportation order; | ||||||
| 8 | ineligibility for benefits. | ||||||
| 9 | (a) An individual against whom a United States Immigration | ||||||
| 10 | Judge
has issued an order of deportation which has been | ||||||
| 11 | affirmed by the Board of
Immigration Review, as well as an | ||||||
| 12 | individual who appeals such an order
pending appeal, under | ||||||
| 13 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
| 14 | Nationality Act relating to persecution of others on
account of | ||||||
| 15 | race, religion, national origin or political opinion under the
| ||||||
| 16 | direction of or in association with the Nazi government of | ||||||
| 17 | Germany or its
allies, shall be ineligible for the following | ||||||
| 18 | benefits authorized by State law: | ||||||
| 19 | (1) The homestead exemptions and homestead improvement
| ||||||
| 20 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
| 21 | 15-180 of the Property Tax Code. | ||||||
| 22 | (2) Grants under the Senior Citizens and Persons with | ||||||
| 23 | Disabilities Disabled Persons Property Tax
Relief Act. | ||||||
| 24 | (3) The double income tax exemption conferred upon | ||||||
| 25 | persons 65 years of
age or older by Section 204 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Income Tax Act. | ||||||
| 2 | (4) Grants provided by the Department on Aging. | ||||||
| 3 | (5) Reductions in vehicle registration fees under | ||||||
| 4 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
| 5 | (6) Free fishing and reduced fishing license fees under | ||||||
| 6 | Sections 20-5
and 20-40 of the Fish and Aquatic Life Code. | ||||||
| 7 | (7) Tuition free courses for senior citizens under the | ||||||
| 8 | Senior Citizen
Courses Act. | ||||||
| 9 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
| 10 | (b) If a person has been found by a court to have knowingly
| ||||||
| 11 | received benefits in violation of subsection (a) and: | ||||||
| 12 | (1) the total monetary value of the benefits received | ||||||
| 13 | is less than $150, the person is guilty
of a Class A | ||||||
| 14 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
| 15 | felony; | ||||||
| 16 | (2) the total monetary value of the benefits received | ||||||
| 17 | is $150 or more but less than $1,000,
the person is guilty | ||||||
| 18 | of a Class 4 felony; a second or subsequent violation is a | ||||||
| 19 | Class 3 felony; | ||||||
| 20 | (3) the total monetary value of the benefits received | ||||||
| 21 | is $1,000 or more but less than $5,000,
the person is | ||||||
| 22 | guilty of a Class 3 felony; a second or subsequent | ||||||
| 23 | violation is a Class 2 felony; | ||||||
| 24 | (4) the total monetary value of the benefits received | ||||||
| 25 | is $5,000 or more but less than $10,000,
the person is | ||||||
| 26 | guilty of a Class 2 felony; a second or subsequent | ||||||
| |||||||
| |||||||
| 1 | violation is a Class 1 felony; or | ||||||
| 2 | (5) the total monetary value of the benefits received | ||||||
| 3 | is $10,000 or more, the person is guilty
of a Class 1 | ||||||
| 4 | felony. | ||||||
| 5 | (c) For purposes of determining the classification of an | ||||||
| 6 | offense under
this Section, all of the monetary value of the | ||||||
| 7 | benefits
received as a result of the unlawful act,
practice, or | ||||||
| 8 | course of conduct may be accumulated. | ||||||
| 9 | (d) Any grants awarded to persons described in subsection | ||||||
| 10 | (a) may be recovered by the State of Illinois in a civil action | ||||||
| 11 | commenced
by the Attorney General in the circuit court of | ||||||
| 12 | Sangamon County or the
State's Attorney of the county of | ||||||
| 13 | residence of the person described in
subsection (a). | ||||||
| 14 | (e) An individual described in subsection (a) who has been
| ||||||
| 15 | deported shall be restored to any benefits which that | ||||||
| 16 | individual has been
denied under State law pursuant to | ||||||
| 17 | subsection (a) if (i) the Attorney
General of the United States | ||||||
| 18 | has issued an order cancelling deportation and
has adjusted the | ||||||
| 19 | status of the individual to that of an alien lawfully
admitted | ||||||
| 20 | for permanent residence in the United States or (ii) the | ||||||
| 21 | country
to which the individual has been deported adjudicates | ||||||
| 22 | or exonerates the
individual in a judicial or administrative | ||||||
| 23 | proceeding as not being guilty
of the persecution of others on | ||||||
| 24 | account of race, religion, national origin,
or political | ||||||
| 25 | opinion under the direction of or in association with the Nazi
| ||||||
| 26 | government of Germany or its allies.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
| ||||||
| 2 | (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) | ||||||
| 3 | Sec. 17-10.2. Businesses owned by minorities, females, and | ||||||
| 4 | persons with disabilities; fraudulent contracts with | ||||||
| 5 | governmental units. | ||||||
| 6 | (a) In this Section: | ||||||
| 7 | "Minority person" means a person who is any of the | ||||||
| 8 | following: | ||||||
| 9 | (1) 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 | (2) 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 | (3) Black or African American (a person having origins | ||||||
| 19 | in any of the black racial groups of Africa). Terms such as | ||||||
| 20 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
| 21 | African American". | ||||||
| 22 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 23 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 24 | culture or origin, regardless of race). | ||||||
| 25 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
| |||||||
| |||||||
| 1 | having origins in any of the original peoples of Hawaii, | ||||||
| 2 | Guam, Samoa, or other Pacific Islands). | ||||||
| 3 | "Female" means a person who is of the female gender.
| ||||||
| 4 | "Person with a disability" means a person who is a | ||||||
| 5 | person qualifying as having a disability being disabled.
| ||||||
| 6 | "Disability Disabled" means a severe physical or | ||||||
| 7 | mental disability that:
(1) results from:
amputation,
| ||||||
| 8 | arthritis,
autism,
blindness,
burn injury,
cancer,
| ||||||
| 9 | cerebral palsy,
cystic fibrosis,
deafness,
head injury,
| ||||||
| 10 | heart disease,
hemiplegia,
hemophilia,
respiratory or | ||||||
| 11 | pulmonary dysfunction, an intellectual disability,
mental | ||||||
| 12 | illness,
multiple sclerosis,
muscular dystrophy,
| ||||||
| 13 | musculoskeletal disorders,
neurological disorders, | ||||||
| 14 | including stroke and epilepsy,
paraplegia,
quadriplegia | ||||||
| 15 | and other spinal cord conditions,
sickle cell anemia,
| ||||||
| 16 | specific learning disabilities, or
end stage renal failure | ||||||
| 17 | disease; and
(2) substantially limits one or more of the | ||||||
| 18 | person's major life activities. | ||||||
| 19 | "Minority owned business" means a business concern | ||||||
| 20 | that is at least 51% owned by one or more minority persons, | ||||||
| 21 | or in the case of a corporation, at least 51% of the stock | ||||||
| 22 | in which is owned by one or more minority persons; and the | ||||||
| 23 | management and daily business operations of which are | ||||||
| 24 | controlled by one or more of the minority individuals who | ||||||
| 25 | own it. | ||||||
| 26 | "Female owned business" means a business concern that | ||||||
| |||||||
| |||||||
| 1 | is at least 51% owned by one or more females, or, in the | ||||||
| 2 | case of a corporation, at least 51% of the stock in which | ||||||
| 3 | is owned by one or more females; and the management and | ||||||
| 4 | daily business operations of which are controlled by one or | ||||||
| 5 | more of the females who own it. | ||||||
| 6 | "Business owned by a person with a disability" means a | ||||||
| 7 | business concern that is at least 51% owned by one or more | ||||||
| 8 | persons with a disability and the management and daily | ||||||
| 9 | business operations of which are controlled by one or more | ||||||
| 10 | of the persons with disabilities who own it. A | ||||||
| 11 | not-for-profit agency for persons with disabilities that | ||||||
| 12 | is exempt from taxation under Section 501 of the Internal | ||||||
| 13 | Revenue Code of 1986 is also considered a "business owned | ||||||
| 14 | by a person with a disability". | ||||||
| 15 | "Governmental unit" means the State, a unit of local | ||||||
| 16 | government, or school district. | ||||||
| 17 | (b) In addition to any other penalties imposed by law or by | ||||||
| 18 | an ordinance or resolution of a unit of local government or | ||||||
| 19 | school district, any individual or entity that knowingly | ||||||
| 20 | obtains, or knowingly assists another to obtain, a contract | ||||||
| 21 | with a governmental unit, or a subcontract or written | ||||||
| 22 | commitment for a subcontract under a contract with a | ||||||
| 23 | governmental unit, by falsely representing that the individual | ||||||
| 24 | or entity, or the individual or entity assisted, is a minority | ||||||
| 25 | owned business, female owned business, or business owned by a | ||||||
| 26 | person with a disability is guilty of a Class 2 felony, | ||||||
| |||||||
| |||||||
| 1 | regardless of whether the preference for awarding the contract | ||||||
| 2 | to a minority owned business, female owned business, or | ||||||
| 3 | business owned by a person with a disability was established by | ||||||
| 4 | statute or by local ordinance or resolution. | ||||||
| 5 | (c) In addition to any other penalties authorized by law, | ||||||
| 6 | the court shall order that an individual or entity convicted of | ||||||
| 7 | a violation of this Section must pay to the governmental unit | ||||||
| 8 | that awarded the contract a penalty equal to one and one-half | ||||||
| 9 | times the amount of the contract obtained because of the false | ||||||
| 10 | representation.
| ||||||
| 11 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
| 12 | 1-1-12, and 97-396, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 13 | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| ||||||
| 14 | Sec. 18-1. Robbery; aggravated robbery.
| ||||||
| 15 | (a) Robbery. A person commits robbery when he or she | ||||||
| 16 | knowingly takes property, except a
motor vehicle covered by | ||||||
| 17 | Section 18-3 or 18-4,
from the person or presence of another by | ||||||
| 18 | the use of force or by
threatening the imminent use of force.
| ||||||
| 19 | (b) Aggravated robbery. | ||||||
| 20 | (1) A person commits aggravated robbery when he or she | ||||||
| 21 | violates subsection (a) while indicating verbally or by his | ||||||
| 22 | or her actions to the
victim that he or she is presently | ||||||
| 23 | armed with a firearm or other dangerous
weapon, including a | ||||||
| 24 | knife, club, ax, or bludgeon. This offense shall be
| ||||||
| 25 | applicable even though it is later determined that he or | ||||||
| |||||||
| |||||||
| 1 | she had no firearm or
other dangerous weapon, including a | ||||||
| 2 | knife, club, ax, or bludgeon, in
his or her possession when | ||||||
| 3 | he or she committed the robbery. | ||||||
| 4 | (2) A person commits aggravated robbery when he or she | ||||||
| 5 | knowingly takes property
from the person or presence of | ||||||
| 6 | another by delivering (by injection, inhalation,
| ||||||
| 7 | ingestion, transfer of possession, or any other means) to | ||||||
| 8 | the victim without
his or her consent, or by threat or | ||||||
| 9 | deception,
and for other than medical
purposes, any
| ||||||
| 10 | controlled substance. | ||||||
| 11 | (c) Sentence.
| ||||||
| 12 | Robbery is a Class 2 felony, unless the victim is 60 years | ||||||
| 13 | of age
or over or is a person with a physical disability | ||||||
| 14 | physically handicapped person, or the robbery is
committed
in a | ||||||
| 15 | school, day care center, day care home, group day care home, or | ||||||
| 16 | part day child care facility, or place of worship, in which | ||||||
| 17 | case robbery is a Class 1 felony. Aggravated robbery is a Class | ||||||
| 18 | 1 felony.
| ||||||
| 19 | (d) Regarding penalties prescribed in subsection
(c) for | ||||||
| 20 | violations committed in a day care center, day care home, group | ||||||
| 21 | day care home, or part day child care facility, the time of | ||||||
| 22 | day, time of year, and whether
children under 18 years of age | ||||||
| 23 | were present in the day care center, day care home, group day | ||||||
| 24 | care home, or part day child care facility are irrelevant. | ||||||
| 25 | (Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/18-4)
| ||||||
| 2 | Sec. 18-4. Aggravated vehicular hijacking.
| ||||||
| 3 | (a) A person commits aggravated vehicular hijacking when he | ||||||
| 4 | or she violates
Section 18-3; and
| ||||||
| 5 | (1) the person from whose immediate presence the motor | ||||||
| 6 | vehicle is
taken is a person with a physical disability | ||||||
| 7 | physically handicapped person or a person 60 years of age | ||||||
| 8 | or over;
or
| ||||||
| 9 | (2) a person under 16 years of age is a passenger in | ||||||
| 10 | the motor vehicle at
the time of the offense; or
| ||||||
| 11 | (3) he or she carries on or about his or her person, or | ||||||
| 12 | is otherwise armed
with a dangerous weapon, other than a | ||||||
| 13 | firearm; or
| ||||||
| 14 | (4) he or she carries on or about his or her person or | ||||||
| 15 | is otherwise armed
with a firearm; or
| ||||||
| 16 | (5) he or she, during the commission of the offense, | ||||||
| 17 | personally discharges
a firearm; or
| ||||||
| 18 | (6) he or she, during the commission of the offense, | ||||||
| 19 | personally discharges
a firearm that proximately causes | ||||||
| 20 | great bodily harm, permanent disability,
permanent | ||||||
| 21 | disfigurement, or death to another person.
| ||||||
| 22 | (b) Sentence. Aggravated vehicular hijacking in violation | ||||||
| 23 | of subsections
(a)(1) or (a)(2) is a Class X felony.
A | ||||||
| 24 | violation of subsection (a)(3) is a Class X
felony for which a | ||||||
| 25 | term of imprisonment of not less than 7 years shall be
imposed.
| ||||||
| 26 | A violation of subsection (a)(4) is a Class X
felony for which | ||||||
| |||||||
| |||||||
| 1 | 15 years shall be added to the term of imprisonment imposed by
| ||||||
| 2 | the court. A violation of subsection (a)(5) is
a Class X felony | ||||||
| 3 | for which 20 years shall be added to the term of imprisonment
| ||||||
| 4 | imposed by the court. A violation of subsection
(a)(6) is a | ||||||
| 5 | Class X felony for which 25 years or up to a term of natural | ||||||
| 6 | life
shall be added to the term of imprisonment imposed by the | ||||||
| 7 | court.
| ||||||
| 8 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
| 9 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
| 10 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
| 11 | (A) A person commits the offense of unlawful sale or | ||||||
| 12 | delivery of firearms when he
or she knowingly does any of the | ||||||
| 13 | following:
| ||||||
| 14 | (a) Sells or gives any firearm of a size which may be | ||||||
| 15 | concealed upon the
person to any person under 18 years of | ||||||
| 16 | age.
| ||||||
| 17 | (b) Sells or gives any firearm to a person under 21 | ||||||
| 18 | years of age who has
been convicted of a misdemeanor other | ||||||
| 19 | than a traffic offense or adjudged
delinquent.
| ||||||
| 20 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
| 21 | (d) Sells or gives any firearm to any person who has | ||||||
| 22 | been convicted of a
felony under the laws of this or any | ||||||
| 23 | other jurisdiction.
| ||||||
| 24 | (e) Sells or gives any firearm to any person who has | ||||||
| 25 | been a patient in a
mental institution within the past 5 | ||||||
| |||||||
| |||||||
| 1 | years. In this subsection (e): | ||||||
| 2 | "Mental institution" means any hospital, | ||||||
| 3 | institution, clinic, evaluation facility, mental | ||||||
| 4 | health center, or part thereof, which is used primarily | ||||||
| 5 | for the care or treatment of persons with mental | ||||||
| 6 | illness. | ||||||
| 7 | "Patient in a mental institution" means the person | ||||||
| 8 | was admitted, either voluntarily or involuntarily, to | ||||||
| 9 | a mental institution for mental health treatment, | ||||||
| 10 | unless the treatment was voluntary and solely for an | ||||||
| 11 | alcohol abuse disorder and no other secondary | ||||||
| 12 | substance abuse disorder or mental illness.
| ||||||
| 13 | (f) Sells or gives any firearms to any person who is a | ||||||
| 14 | person with an intellectual disability intellectually | ||||||
| 15 | disabled.
| ||||||
| 16 | (g) Delivers any firearm of a size which may be | ||||||
| 17 | concealed upon the
person, incidental to a sale, without | ||||||
| 18 | withholding delivery of such firearm
for at least 72 hours | ||||||
| 19 | after application for its purchase has been made, or
| ||||||
| 20 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
| 21 | gun or taser, incidental to a sale,
without withholding | ||||||
| 22 | delivery of such rifle, shotgun or other long gun, or a | ||||||
| 23 | stun gun or taser for
at least 24 hours after application | ||||||
| 24 | for its purchase has been made.
However,
this paragraph (g) | ||||||
| 25 | does not apply to: (1) the sale of a firearm
to a law | ||||||
| 26 | enforcement officer if the seller of the firearm knows that | ||||||
| |||||||
| |||||||
| 1 | the person to whom he or she is selling the firearm is a | ||||||
| 2 | law enforcement officer or the sale of a firearm to a | ||||||
| 3 | person who desires to purchase a firearm for
use in | ||||||
| 4 | promoting the public interest incident to his or her | ||||||
| 5 | employment as a
bank guard, armed truck guard, or other | ||||||
| 6 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
| 7 | nonresident of Illinois under which the firearm
is mailed | ||||||
| 8 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
| 9 | of a firearm to a nonresident of Illinois while at a | ||||||
| 10 | firearm showing or display
recognized by the Illinois | ||||||
| 11 | Department of State Police; or (4) the sale of a
firearm to | ||||||
| 12 | a dealer licensed as a federal firearms dealer under | ||||||
| 13 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
| 14 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
| 15 | "application" means when the buyer and seller reach an | ||||||
| 16 | agreement to purchase a firearm.
| ||||||
| 17 | (h) While holding any license
as a dealer,
importer, | ||||||
| 18 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
| 19 | Act of 1968,
manufactures, sells or delivers to any | ||||||
| 20 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
| 21 | or receiver which is a die casting of zinc alloy or
any | ||||||
| 22 | other nonhomogeneous metal which will melt or deform at a | ||||||
| 23 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
| 24 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
| 25 | the Firearm Owners Identification Card Act; and (2)
| ||||||
| 26 | "handgun" is defined as a firearm designed to be held
and | ||||||
| |||||||
| |||||||
| 1 | fired by the use of a single hand, and includes a | ||||||
| 2 | combination of parts from
which such a firearm can be | ||||||
| 3 | assembled.
| ||||||
| 4 | (i) Sells or gives a firearm of any size to any person | ||||||
| 5 | under 18 years of
age who does not possess a valid Firearm | ||||||
| 6 | Owner's Identification Card.
| ||||||
| 7 | (j) Sells or gives a firearm while engaged in the | ||||||
| 8 | business of selling
firearms at wholesale or retail without | ||||||
| 9 | being licensed as a federal firearms
dealer under Section | ||||||
| 10 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
| 11 | In this paragraph (j):
| ||||||
| 12 | A person "engaged in the business" means a person who | ||||||
| 13 | devotes time,
attention, and
labor to
engaging in the | ||||||
| 14 | activity as a regular course of trade or business with the
| ||||||
| 15 | principal objective of livelihood and profit, but does not | ||||||
| 16 | include a person who
makes occasional repairs of firearms | ||||||
| 17 | or who occasionally fits special barrels,
stocks, or | ||||||
| 18 | trigger mechanisms to firearms.
| ||||||
| 19 | "With the principal objective of livelihood and | ||||||
| 20 | profit" means that the
intent
underlying the sale or | ||||||
| 21 | disposition of firearms is predominantly one of
obtaining | ||||||
| 22 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
| 23 | such as
improving or liquidating a personal firearms | ||||||
| 24 | collection; however, proof of
profit shall not be required | ||||||
| 25 | as to a person who engages in the regular and
repetitive | ||||||
| 26 | purchase and disposition of firearms for criminal purposes | ||||||
| |||||||
| |||||||
| 1 | or
terrorism.
| ||||||
| 2 | (k) Sells or transfers ownership of a firearm to a | ||||||
| 3 | person who does not display to the seller or transferor of | ||||||
| 4 | the firearm a currently valid Firearm Owner's | ||||||
| 5 | Identification Card that has previously been issued in the | ||||||
| 6 | transferee's name by the Department of State Police under | ||||||
| 7 | the provisions of the Firearm Owners Identification Card | ||||||
| 8 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
| 9 | firearm to a person who is exempt from the requirement of | ||||||
| 10 | possessing a Firearm Owner's Identification Card under | ||||||
| 11 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
| 12 | For the purposes of this Section, a currently valid Firearm | ||||||
| 13 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
| 14 | Identification Card that has not expired or (ii) an | ||||||
| 15 | approval number issued in accordance with subsection | ||||||
| 16 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
| 17 | Identification Card Act shall be proof that the Firearm | ||||||
| 18 | Owner's Identification Card was valid. | ||||||
| 19 | (1) In addition to the other requirements of this | ||||||
| 20 | paragraph (k), all persons who are not federally | ||||||
| 21 | licensed firearms dealers must also have complied with | ||||||
| 22 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
| 23 | Identification Card Act by determining the validity of | ||||||
| 24 | a purchaser's Firearm Owner's Identification Card. | ||||||
| 25 | (2) All sellers or transferors who have complied | ||||||
| 26 | with the requirements of subparagraph (1) of this | ||||||
| |||||||
| |||||||
| 1 | paragraph (k) shall not be liable for damages in any | ||||||
| 2 | civil action arising from the use or misuse by the | ||||||
| 3 | transferee of the firearm transferred, except for | ||||||
| 4 | willful or wanton misconduct on the part of the seller | ||||||
| 5 | or transferor. | ||||||
| 6 | (l) Not
being entitled to the possession of a firearm, | ||||||
| 7 | delivers the
firearm, knowing it to have been stolen or | ||||||
| 8 | converted. It may be inferred that
a person who possesses a | ||||||
| 9 | firearm with knowledge that its serial number has
been | ||||||
| 10 | removed or altered has knowledge that the firearm is stolen | ||||||
| 11 | or converted. | ||||||
| 12 | (B) Paragraph (h) of subsection (A) does not include | ||||||
| 13 | firearms sold within 6
months after enactment of Public
Act | ||||||
| 14 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
| 15 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
| 16 | purchased by any citizen within 6 months after the
enactment of | ||||||
| 17 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
| 18 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
| 19 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
| 20 | if that firearm was legally held or acquired within 6 months | ||||||
| 21 | after
the enactment of that Public Act.
| ||||||
| 22 | (C) Sentence.
| ||||||
| 23 | (1) Any person convicted of unlawful sale or delivery | ||||||
| 24 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
| 25 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
| 26 | (2) Any person convicted of unlawful sale or delivery | ||||||
| |||||||
| |||||||
| 1 | of firearms in violation of
paragraph (b) or (i) of | ||||||
| 2 | subsection (A) commits a Class 3 felony.
| ||||||
| 3 | (3) Any person convicted of unlawful sale or delivery | ||||||
| 4 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
| 5 | commits a Class 2 felony.
| ||||||
| 6 | (4) Any person convicted of unlawful sale or delivery | ||||||
| 7 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
| 8 | subsection (A) in any school, on the real
property | ||||||
| 9 | comprising a school, within 1,000 feet of the real property | ||||||
| 10 | comprising
a school, at a school related activity, or on or | ||||||
| 11 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
| 12 | contracted by a school or school district to
transport | ||||||
| 13 | students to or from school or a school related activity,
| ||||||
| 14 | regardless of the time of day or time of year at which the | ||||||
| 15 | offense
was committed, commits a Class 1 felony. Any person | ||||||
| 16 | convicted of a second
or subsequent violation of unlawful | ||||||
| 17 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
| 18 | (b), or (i) of subsection (A) in any school, on the real | ||||||
| 19 | property
comprising a school, within 1,000 feet of the real | ||||||
| 20 | property comprising a
school, at a school related activity, | ||||||
| 21 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
| 22 | or contracted by a school or school district to
transport | ||||||
| 23 | students to or from school or a school related activity,
| ||||||
| 24 | regardless of the time of day or time of year at which the | ||||||
| 25 | offense
was committed, commits a Class 1 felony for which | ||||||
| 26 | the sentence shall be a
term of imprisonment of no less | ||||||
| |||||||
| |||||||
| 1 | than 5 years and no more than 15 years.
| ||||||
| 2 | (5) Any person convicted of unlawful sale or delivery | ||||||
| 3 | of firearms in violation of
paragraph (a) or (i) of | ||||||
| 4 | subsection (A) in residential property owned,
operated, or | ||||||
| 5 | managed by a public housing agency or leased by a public | ||||||
| 6 | housing
agency as part of a scattered site or mixed-income | ||||||
| 7 | development, in a public
park, in a
courthouse, on | ||||||
| 8 | residential property owned, operated, or managed by a | ||||||
| 9 | public
housing agency or leased by a public housing agency | ||||||
| 10 | as part of a scattered site
or mixed-income development, on | ||||||
| 11 | the real property comprising any public park,
on the real
| ||||||
| 12 | property comprising any courthouse, or on any public way | ||||||
| 13 | within 1,000 feet
of the real property comprising any | ||||||
| 14 | public park, courthouse, or residential
property owned, | ||||||
| 15 | operated, or managed by a public housing agency or leased | ||||||
| 16 | by a
public housing agency as part of a scattered site or | ||||||
| 17 | mixed-income development
commits a
Class 2 felony.
| ||||||
| 18 | (6) Any person convicted of unlawful sale or delivery | ||||||
| 19 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
| 20 | commits a Class A misdemeanor. A second or
subsequent | ||||||
| 21 | violation is a Class 4 felony. | ||||||
| 22 | (7) Any person convicted of unlawful sale or delivery | ||||||
| 23 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
| 24 | commits a Class 4 felony, except that a violation of | ||||||
| 25 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
| 26 | not be punishable as a crime or petty offense. A third or | ||||||
| |||||||
| |||||||
| 1 | subsequent conviction for a violation of paragraph (k) of | ||||||
| 2 | subsection (A) is a Class 1 felony.
| ||||||
| 3 | (8) A person 18 years of age or older convicted of | ||||||
| 4 | unlawful sale or delivery of firearms in violation of | ||||||
| 5 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
| 6 | that was sold or given to another person under 18 years of | ||||||
| 7 | age was used in the commission of or attempt to commit a | ||||||
| 8 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
| 9 | to exceed the maximum provided for the most serious | ||||||
| 10 | forcible felony so committed or attempted by the person | ||||||
| 11 | under 18 years of age who was sold or given the firearm. | ||||||
| 12 | (9) Any person convicted of unlawful sale or delivery | ||||||
| 13 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
| 14 | commits a Class 3 felony. | ||||||
| 15 | (10) Any person convicted of unlawful sale or delivery | ||||||
| 16 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
| 17 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
| 18 | Any person convicted of unlawful sale or delivery of | ||||||
| 19 | firearms in violation of paragraph (l) of subsection (A) | ||||||
| 20 | commits a Class 1 felony if the delivery is of not less | ||||||
| 21 | than 2 and not more than 5 firearms at the
same time or | ||||||
| 22 | within a one year period. Any person convicted of unlawful | ||||||
| 23 | sale or delivery of firearms in violation of paragraph (l) | ||||||
| 24 | of subsection (A) commits a Class X felony for which he or | ||||||
| 25 | she shall be sentenced
to a term of imprisonment of not | ||||||
| 26 | less than 6 years and not more than 30
years if the | ||||||
| |||||||
| |||||||
| 1 | delivery is of not less than 6 and not more than 10 | ||||||
| 2 | firearms at the
same time or within a 2 year period. Any | ||||||
| 3 | person convicted of unlawful sale or delivery of firearms | ||||||
| 4 | in violation of paragraph (l) of subsection (A) commits a | ||||||
| 5 | Class X felony for which he or she shall be sentenced
to a | ||||||
| 6 | term of imprisonment of not less than 6 years and not more | ||||||
| 7 | than 40
years if the delivery is of not less than 11 and | ||||||
| 8 | not more than 20 firearms at the
same time or within a 3 | ||||||
| 9 | year period. Any person convicted of unlawful sale or | ||||||
| 10 | delivery of firearms in violation of paragraph (l) of | ||||||
| 11 | subsection (A) commits a Class X felony for which he or she | ||||||
| 12 | shall be sentenced
to a term of imprisonment of not less | ||||||
| 13 | than 6 years and not more than 50
years if the delivery is | ||||||
| 14 | of not less than 21 and not more than 30 firearms at the
| ||||||
| 15 | same time or within a 4 year period. Any person convicted | ||||||
| 16 | of unlawful sale or delivery of firearms in violation of | ||||||
| 17 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
| 18 | for which he or she shall be sentenced
to a term of | ||||||
| 19 | imprisonment of not less than 6 years and not more than 60
| ||||||
| 20 | years if the delivery is of 31 or more firearms at the
same | ||||||
| 21 | time or within a 5 year period. | ||||||
| 22 | (D) For purposes of this Section:
| ||||||
| 23 | "School" means a public or private elementary or secondary | ||||||
| 24 | school,
community college, college, or university.
| ||||||
| 25 | "School related activity" means any sporting, social, | ||||||
| 26 | academic, or
other activity for which students' attendance or | ||||||
| |||||||
| |||||||
| 1 | participation is sponsored,
organized, or funded in whole or in | ||||||
| 2 | part by a school or school district.
| ||||||
| 3 | (E) A prosecution for a violation of paragraph (k) of | ||||||
| 4 | subsection (A) of this Section may be commenced within 6 years | ||||||
| 5 | after the commission of the offense. A prosecution for a | ||||||
| 6 | violation of this Section other than paragraph (g) of | ||||||
| 7 | subsection (A) of this Section may be commenced within 5 years | ||||||
| 8 | after the commission of the offense defined in the particular | ||||||
| 9 | paragraph.
| ||||||
| 10 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
| 11 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| ||||||
| 12 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
| 13 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
| 14 | ammunition.
| ||||||
| 15 | (a) A person commits the offense of unlawful possession of | ||||||
| 16 | firearms
or firearm ammunition when:
| ||||||
| 17 | (1) He is under 18 years of age and has in his | ||||||
| 18 | possession
any firearm of
a size which may be concealed | ||||||
| 19 | upon the person; or
| ||||||
| 20 | (2) He is under 21 years of age, has been convicted of | ||||||
| 21 | a misdemeanor
other than a traffic offense or adjudged | ||||||
| 22 | delinquent and has
any firearms or
firearm ammunition in | ||||||
| 23 | his possession; or
| ||||||
| 24 | (3) He is a narcotic addict and has
any firearms or | ||||||
| 25 | firearm ammunition
in his possession; or
| ||||||
| |||||||
| |||||||
| 1 | (4) He has been a patient in a mental institution | ||||||
| 2 | within the past 5 years
and has
any firearms or firearm | ||||||
| 3 | ammunition in his possession. For purposes of this | ||||||
| 4 | paragraph (4): | ||||||
| 5 | "Mental institution" means any hospital, | ||||||
| 6 | institution, clinic, evaluation facility, mental | ||||||
| 7 | health center, or part thereof, which is used primarily | ||||||
| 8 | for the care or treatment of persons with mental | ||||||
| 9 | illness. | ||||||
| 10 | "Patient in a mental institution" means the person | ||||||
| 11 | was admitted, either voluntarily or involuntarily, to | ||||||
| 12 | a mental institution for mental health treatment, | ||||||
| 13 | unless the treatment was voluntary and solely for an | ||||||
| 14 | alcohol abuse disorder and no other secondary | ||||||
| 15 | substance abuse disorder or mental illness; or
| ||||||
| 16 | (5) He is a person with an intellectual disability | ||||||
| 17 | intellectually disabled and has
any firearms or firearm | ||||||
| 18 | ammunition
in his possession; or
| ||||||
| 19 | (6) He has in his possession any explosive bullet.
| ||||||
| 20 | For purposes of this paragraph "explosive bullet" means the | ||||||
| 21 | projectile
portion of an ammunition cartridge which contains or | ||||||
| 22 | carries an explosive
charge which will explode upon contact | ||||||
| 23 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
| 24 | tubular metal case having a projectile affixed at the
front | ||||||
| 25 | thereof and a cap or primer at the rear end thereof, with the | ||||||
| 26 | propellant
contained in such tube between the projectile and | ||||||
| |||||||
| |||||||
| 1 | the cap.
| ||||||
| 2 | (b) Sentence.
| ||||||
| 3 | Unlawful possession of firearms, other than handguns, and | ||||||
| 4 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
| 5 | possession of handguns is a
Class 4 felony. The possession of | ||||||
| 6 | each firearm or firearm ammunition in violation of this Section | ||||||
| 7 | constitutes a single and separate violation.
| ||||||
| 8 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
| 9 | Section prohibits
a person under 18 years of age from | ||||||
| 10 | participating in any lawful recreational
activity with a | ||||||
| 11 | firearm such as, but not limited to, practice shooting at
| ||||||
| 12 | targets upon established public or private target ranges or | ||||||
| 13 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
| 14 | Code or the Fish and Aquatic Life
Code.
| ||||||
| 15 | (Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)
| ||||||
| 16 | (720 ILCS 5/48-10) | ||||||
| 17 | Sec. 48-10. Dangerous animals. | ||||||
| 18 | (a) Definitions. As used in this Section, unless the | ||||||
| 19 | context otherwise requires: | ||||||
| 20 | "Dangerous animal" means a lion, tiger, leopard, | ||||||
| 21 | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | ||||||
| 22 | bobcat, jaguarundi, bear, hyena, wolf or
coyote. Dangerous | ||||||
| 23 | animal does not mean any herptiles included in the | ||||||
| 24 | Herptiles-Herps Act. | ||||||
| 25 | "Owner" means any person who (1) has a right of | ||||||
| |||||||
| |||||||
| 1 | property in a dangerous
animal or primate, (2) keeps or | ||||||
| 2 | harbors a dangerous animal or primate, (3) has a dangerous | ||||||
| 3 | animal
or primate in his or her care, or (4) acts as | ||||||
| 4 | custodian of a dangerous animal or primate. | ||||||
| 5 | "Person" means any individual, firm, association, | ||||||
| 6 | partnership,
corporation, or other legal entity, any | ||||||
| 7 | public or private institution, the
State, or any municipal | ||||||
| 8 | corporation or political subdivision of the State. | ||||||
| 9 | "Primate" means a nonhuman member of the order primate, | ||||||
| 10 | including but not limited to chimpanzee, gorilla, | ||||||
| 11 | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | ||||||
| 12 | and tarsier. | ||||||
| 13 | (b) Dangerous animal or primate offense. No person shall | ||||||
| 14 | have a right of property in, keep, harbor,
care for, act as | ||||||
| 15 | custodian
of or maintain in
his or her possession any dangerous | ||||||
| 16 | animal or primate except at a properly maintained zoological
| ||||||
| 17 | park, federally licensed
exhibit, circus, college or | ||||||
| 18 | university, scientific institution, research laboratory, | ||||||
| 19 | veterinary hospital, hound running area, or animal
refuge in an | ||||||
| 20 | escape-proof enclosure. | ||||||
| 21 | (c) Exemptions. | ||||||
| 22 | (1) This Section does not prohibit a person who had | ||||||
| 23 | lawful possession of a primate before January 1, 2011, from | ||||||
| 24 | continuing to possess that primate if the person registers | ||||||
| 25 | the animal by providing written notification to the local | ||||||
| 26 | animal control administrator on or before April 1, 2011. | ||||||
| |||||||
| |||||||
| 1 | The notification shall include: | ||||||
| 2 | (A) the person's name, address, and telephone | ||||||
| 3 | number; and | ||||||
| 4 | (B) the type of primate, the age, a photograph, a | ||||||
| 5 | description of any tattoo, microchip, or other | ||||||
| 6 | identifying information, and a list of current | ||||||
| 7 | inoculations. | ||||||
| 8 | (2) This Section does not prohibit a person who has a | ||||||
| 9 | permanent disability is permanently disabled with a severe | ||||||
| 10 | mobility impairment from possessing a single capuchin | ||||||
| 11 | monkey to assist the person in performing daily tasks if: | ||||||
| 12 | (A) the capuchin monkey was obtained from and | ||||||
| 13 | trained at a licensed nonprofit organization described | ||||||
| 14 | in Section 501(c)(3) of the Internal Revenue Code of | ||||||
| 15 | 1986, the nonprofit tax status of which was obtained on | ||||||
| 16 | the basis of a mission to improve the quality of life | ||||||
| 17 | of severely mobility-impaired individuals; and | ||||||
| 18 | (B) the person complies with the notification | ||||||
| 19 | requirements as described in paragraph (1) of this | ||||||
| 20 | subsection (c). | ||||||
| 21 | (d) A person who registers a primate shall notify the local | ||||||
| 22 | animal control administrator within 30 days of a change of | ||||||
| 23 | address. If the person moves to another locality within the | ||||||
| 24 | State, the person shall register the primate with the new local | ||||||
| 25 | animal control administrator within 30 days of moving by | ||||||
| 26 | providing written notification as provided in paragraph (1) of | ||||||
| |||||||
| |||||||
| 1 | subsection (c) and shall include proof of the prior | ||||||
| 2 | registration. | ||||||
| 3 | (e) A person who registers a primate shall notify the local | ||||||
| 4 | animal control administrator immediately if the primate dies, | ||||||
| 5 | escapes, or bites, scratches, or injures a person. | ||||||
| 6 | (f) It is no defense to a violation of subsection (b)
that | ||||||
| 7 | the person violating subsection
(b) has attempted to | ||||||
| 8 | domesticate the dangerous animal. If there appears
to be | ||||||
| 9 | imminent danger to the public, any
dangerous animal found not | ||||||
| 10 | in compliance with the provisions of this Section
shall be | ||||||
| 11 | subject to
seizure and may immediately be placed in an approved | ||||||
| 12 | facility. Upon the
conviction of a person for a violation of | ||||||
| 13 | subsection (b), the animal with regard
to which the conviction | ||||||
| 14 | was obtained shall be confiscated and placed in an
approved | ||||||
| 15 | facility, with the owner responsible for all costs
connected | ||||||
| 16 | with the seizure and confiscation of the animal.
Approved | ||||||
| 17 | facilities include, but are not limited to, a zoological park,
| ||||||
| 18 | federally licensed exhibit,
humane society, veterinary | ||||||
| 19 | hospital or animal refuge. | ||||||
| 20 | (g) Sentence. Any person violating this Section is guilty | ||||||
| 21 | of a Class C
misdemeanor. Any corporation or
partnership, any | ||||||
| 22 | officer, director, manager or managerial agent of the
| ||||||
| 23 | partnership or corporation who violates this Section or causes | ||||||
| 24 | the
partnership or corporation to violate this Section is | ||||||
| 25 | guilty of a Class C misdemeanor. Each day of violation | ||||||
| 26 | constitutes a separate offense.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)
| ||||||
| 2 | Section 885. The Discrimination in Sale of Real Estate Act | ||||||
| 3 | is amended by changing Section 1 as follows:
| ||||||
| 4 | (720 ILCS 590/1) (from Ch. 38, par. 70-51)
| ||||||
| 5 | Sec. 1.
Inducements to sell or purchase by reason of race,
| ||||||
| 6 | color, religion, national origin, ancestry, creed, physical or | ||||||
| 7 | mental disability handicap,
or sex - Prohibition of | ||||||
| 8 | Solicitation.
| ||||||
| 9 | It shall be unlawful for any person or corporation | ||||||
| 10 | knowingly:
| ||||||
| 11 | (a) To solicit for sale, lease, listing or purchase any | ||||||
| 12 | residential
real estate within the State of Illinois, on the | ||||||
| 13 | grounds of loss of
value due to the present or prospective | ||||||
| 14 | entry into the vicinity of the
property involved of any person | ||||||
| 15 | or persons of any particular race,
color, religion, national | ||||||
| 16 | origin, ancestry, creed, physical or mental disability | ||||||
| 17 | handicap, or sex.
| ||||||
| 18 | (b) To distribute or cause to be distributed, written | ||||||
| 19 | material or
statements designed to induce any owner of | ||||||
| 20 | residential real estate in
the State of Illinois to sell or | ||||||
| 21 | lease his or her property because of any
present or prospective | ||||||
| 22 | changes in the race, color, religion, national
origin, | ||||||
| 23 | ancestry, creed, physical or mental disability handicap, or | ||||||
| 24 | sex, of residents in the
vicinity of the property involved.
| ||||||
| |||||||
| |||||||
| 1 | (c) To intentionally create alarm, among residents of any | ||||||
| 2 | community,
by transmitting in any manner including a telephone | ||||||
| 3 | call whether or not
conversation thereby ensues, with a design | ||||||
| 4 | to induce any owner of
residential real estate in the State of | ||||||
| 5 | Illinois to sell or lease his or her
property because of any | ||||||
| 6 | present or prospective entry into the vicinity
of the property | ||||||
| 7 | involved of any person or persons of any particular
race, | ||||||
| 8 | color, religion, national origin, ancestry, creed, physical or | ||||||
| 9 | mental disability handicap, or sex.
| ||||||
| 10 | (d) To solicit any owner of residential property to sell or | ||||||
| 11 | list
such residential property at any time after such person or | ||||||
| 12 | corporation
has notice that such owner does not desire to sell | ||||||
| 13 | such residential
property. For the purpose of this subsection, | ||||||
| 14 | notice must be
provided as follows:
| ||||||
| 15 | (1) The notice may be given by the owner personally or by a
| ||||||
| 16 | third party in the owner's name, either in the form of an
| ||||||
| 17 | individual notice or a list, provided it complies with this | ||||||
| 18 | subsection.
| ||||||
| 19 | (2) Such notice shall be explicit as to whether each owner
| ||||||
| 20 | on the notice seeks to avoid both solicitation for listing and
| ||||||
| 21 | sale, or only for listing, or only for sale, as well as the
| ||||||
| 22 | period of time for which any avoidance is desired. The notice
| ||||||
| 23 | shall be dated and either of the following shall apply: (A)
| ||||||
| 24 | each owner shall have signed the notice or (B) the person or
| ||||||
| 25 | entity preparing the notice shall provide an accompanying
| ||||||
| 26 | affidavit to the effect that all the names on the notice are,
| ||||||
| |||||||
| |||||||
| 1 | in fact, genuine as to the
identity of the persons listed and | ||||||
| 2 | that such persons have
requested not to be solicited as | ||||||
| 3 | indicated.
| ||||||
| 4 | (3) The individual notice, or notice in the form of a list
| ||||||
| 5 | with the accompanying affidavit, shall be served personally
or | ||||||
| 6 | by certified or registered mail, return receipt requested.
| ||||||
| 7 | (Source: P.A. 80-338; 80-920; 80-1364.)
| ||||||
| 8 | Section 890. The Code of Criminal Procedure of 1963 is | ||||||
| 9 | amended by changing Section 102-23 and the heading of Article | ||||||
| 10 | 106B and Sections 106B-5, 110-5, 114-15, 115-10, and 122-2.2 as | ||||||
| 11 | follows:
| ||||||
| 12 | (725 ILCS 5/102-23)
| ||||||
| 13 | Sec. 102-23.
"Person with a moderate intellectual | ||||||
| 14 | disability Moderately intellectually disabled person" means a | ||||||
| 15 | person whose
intelligence
quotient is between 41 and 55 and who | ||||||
| 16 | does not suffer from significant mental
illness to the extent | ||||||
| 17 | that the person's ability to exercise rational judgment
is | ||||||
| 18 | impaired.
| ||||||
| 19 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 20 | (725 ILCS 5/Art. 106B heading) | ||||||
| 21 | ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS | ||||||
| 22 | WITH DEVELOPMENTAL DISABILITIES CHILD AND DEVELOPMENTALLY | ||||||
| 23 | DISABLED VICTIMS OF SEXUAL ABUSE
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-897, eff. 1-1-09.)
| ||||||
| 2 | (725 ILCS 5/106B-5)
| ||||||
| 3 | Sec. 106B-5. Testimony by a victim who is a child or a
| ||||||
| 4 | person with a moderate, severe, or profound intellectual | ||||||
| 5 | disability moderately, severely, or profoundly intellectually | ||||||
| 6 | disabled person or a person affected by a developmental | ||||||
| 7 | disability.
| ||||||
| 8 | (a) In a proceeding in the prosecution of an offense
of | ||||||
| 9 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
| 10 | child,
aggravated criminal sexual assault, criminal
sexual | ||||||
| 11 | abuse, or aggravated criminal sexual abuse, a court may order | ||||||
| 12 | that
the testimony of a victim who is a child under
the age of | ||||||
| 13 | 18 years or a person with a moderate, severe, or profound | ||||||
| 14 | intellectual disability moderately, severely, or profoundly | ||||||
| 15 | intellectually disabled person or a person affected by a | ||||||
| 16 | developmental disability be taken outside
the courtroom and | ||||||
| 17 | shown in the courtroom by means of a closed
circuit television | ||||||
| 18 | if:
| ||||||
| 19 | (1) the testimony is taken during the proceeding; and
| ||||||
| 20 | (2) the judge determines that testimony by the
child | ||||||
| 21 | victim or victim with a moderate, severe, or profound | ||||||
| 22 | intellectual disability moderately, severely, or | ||||||
| 23 | profoundly intellectually disabled victim or victim | ||||||
| 24 | affected by a developmental disability in the
courtroom | ||||||
| 25 | will result in the child
or person with a moderate, severe, | ||||||
| |||||||
| |||||||
| 1 | or profound intellectual disability moderately, severely, | ||||||
| 2 | or profoundly intellectually disabled person
or person | ||||||
| 3 | affected by a developmental disability suffering serious | ||||||
| 4 | emotional distress
such that the child
or person with a | ||||||
| 5 | moderate, severe, or profound intellectual disability | ||||||
| 6 | moderately, severely, or profoundly intellectually | ||||||
| 7 | disabled person or person affected by a developmental | ||||||
| 8 | disability cannot
reasonably communicate or that
the child | ||||||
| 9 | or person with a moderate, severe, or profound intellectual | ||||||
| 10 | disability moderately, severely, or
profoundly | ||||||
| 11 | intellectually disabled
person or person affected by a | ||||||
| 12 | developmental disability will
suffer severe emotional | ||||||
| 13 | distress that is likely to cause the child or
person with a | ||||||
| 14 | moderate, severe, or profound intellectual disability | ||||||
| 15 | moderately, severely, or profoundly intellectually | ||||||
| 16 | disabled person or person affected by a developmental | ||||||
| 17 | disability to suffer
severe adverse effects.
| ||||||
| 18 | (b) Only the prosecuting attorney, the attorney for the
| ||||||
| 19 | defendant, and the judge may question the child or person with | ||||||
| 20 | a moderate, severe, or profound intellectual disability | ||||||
| 21 | moderately, severely,
or profoundly intellectually disabled
| ||||||
| 22 | person or person affected by a developmental disability.
| ||||||
| 23 | (c) The operators of the closed circuit television shall | ||||||
| 24 | make every
effort to be unobtrusive.
| ||||||
| 25 | (d) Only the following persons may be in the room with
the | ||||||
| 26 | child or person with a moderate, severe, or profound | ||||||
| |||||||
| |||||||
| 1 | intellectual disability moderately, severely, or profoundly | ||||||
| 2 | intellectually disabled person or person affected by a | ||||||
| 3 | developmental disability
when the child or person with a | ||||||
| 4 | moderate, severe, or profound intellectual disability | ||||||
| 5 | moderately,
severely, or profoundly intellectually disabled
| ||||||
| 6 | person or person affected by a developmental disability | ||||||
| 7 | testifies by closed circuit
television:
| ||||||
| 8 | (1) the prosecuting attorney;
| ||||||
| 9 | (2) the attorney for the defendant;
| ||||||
| 10 | (3) the judge;
| ||||||
| 11 | (4) the operators of the closed circuit television | ||||||
| 12 | equipment; and
| ||||||
| 13 | (5) any person or persons whose presence, in the | ||||||
| 14 | opinion of the court,
contributes to the well-being of
the | ||||||
| 15 | child or person with a moderate, severe, or profound | ||||||
| 16 | intellectual disability moderately, severely, or | ||||||
| 17 | profoundly intellectually disabled
person or person | ||||||
| 18 | affected by a developmental disability, including a person | ||||||
| 19 | who has
dealt with the child in a therapeutic setting | ||||||
| 20 | concerning the abuse, a
parent
or guardian of the child or | ||||||
| 21 | person with a moderate, severe, or profound intellectual | ||||||
| 22 | disability moderately, severely, or profoundly | ||||||
| 23 | intellectually disabled
person or person affected by a | ||||||
| 24 | developmental disability, and court security personnel.
| ||||||
| 25 | (e) During the child's or person with a moderate, severe, | ||||||
| 26 | or profound intellectual disability's moderately, severely, or | ||||||
| |||||||
| |||||||
| 1 | profoundly intellectually disabled
person's or person affected | ||||||
| 2 | by a developmental disability's testimony by closed circuit | ||||||
| 3 | television, the
defendant shall be in the courtroom and shall | ||||||
| 4 | not communicate with the jury
if the cause is being heard | ||||||
| 5 | before a jury.
| ||||||
| 6 | (f) The defendant shall be allowed to communicate with
the | ||||||
| 7 | persons in the room where the child or person with a moderate, | ||||||
| 8 | severe, or profound intellectual disability moderately, | ||||||
| 9 | severely, or
profoundly intellectually disabled person
or | ||||||
| 10 | person affected by a developmental disability is testifying by | ||||||
| 11 | any appropriate electronic method.
| ||||||
| 12 | (g) The provisions of this Section do not apply if the | ||||||
| 13 | defendant
represents himself pro se.
| ||||||
| 14 | (h) This Section may not be interpreted to preclude, for | ||||||
| 15 | purposes of
identification of a defendant, the presence of both | ||||||
| 16 | the victim and the
defendant in the courtroom at the same time.
| ||||||
| 17 | (i) This Section applies to prosecutions pending on or | ||||||
| 18 | commenced on or after
the effective date of this amendatory Act | ||||||
| 19 | of 1994.
| ||||||
| 20 | (j) For the purposes of this Section, "developmental | ||||||
| 21 | disability" includes, but is not limited to, cerebral palsy, | ||||||
| 22 | epilepsy, and autism. | ||||||
| 23 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 24 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
| 25 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
| |||||||
| |||||||
| 1 | of release.
| ||||||
| 2 | (a) In determining the amount of monetary bail or | ||||||
| 3 | conditions of release, if
any,
which will reasonably assure the | ||||||
| 4 | appearance of a defendant as required or
the safety of any | ||||||
| 5 | other person or the community and the likelihood of
compliance | ||||||
| 6 | by the
defendant with all the conditions of bail, the court | ||||||
| 7 | shall, on the
basis of available information, take into account | ||||||
| 8 | such matters as the
nature and circumstances of the offense | ||||||
| 9 | charged, whether the evidence
shows that as part of the offense | ||||||
| 10 | there was a use of violence or threatened
use of violence, | ||||||
| 11 | whether the offense involved corruption of public
officials or | ||||||
| 12 | employees, whether there was physical harm or threats of | ||||||
| 13 | physical
harm to any
public official, public employee, judge, | ||||||
| 14 | prosecutor, juror or witness,
senior citizen, child, or person | ||||||
| 15 | with a disability handicapped person, whether evidence shows | ||||||
| 16 | that
during the offense or during the arrest the defendant | ||||||
| 17 | possessed or used a
firearm, machine gun, explosive or metal | ||||||
| 18 | piercing ammunition or explosive
bomb device or any military or | ||||||
| 19 | paramilitary armament,
whether the evidence
shows that the | ||||||
| 20 | offense committed was related to or in furtherance of the
| ||||||
| 21 | criminal activities of an organized gang or was motivated by | ||||||
| 22 | the defendant's
membership in or allegiance to an organized | ||||||
| 23 | gang,
the condition of the
victim, any written statement | ||||||
| 24 | submitted by the victim or proffer or
representation by the | ||||||
| 25 | State regarding the
impact which the alleged criminal conduct | ||||||
| 26 | has had on the victim and the
victim's concern, if any, with | ||||||
| |||||||
| |||||||
| 1 | further contact with the defendant if
released on bail, whether | ||||||
| 2 | the offense was based on racial, religious,
sexual orientation | ||||||
| 3 | or ethnic hatred,
the likelihood of the filing of a greater | ||||||
| 4 | charge, the likelihood of
conviction, the sentence applicable | ||||||
| 5 | upon conviction, the weight of the evidence
against such | ||||||
| 6 | defendant, whether there exists motivation or ability to
flee, | ||||||
| 7 | whether there is any verification as to prior residence, | ||||||
| 8 | education,
or family ties in the local jurisdiction, in another | ||||||
| 9 | county,
state or foreign country, the defendant's employment, | ||||||
| 10 | financial resources,
character and mental condition, past | ||||||
| 11 | conduct, prior use of alias names or
dates of birth, and length | ||||||
| 12 | of residence in the community,
the consent of the defendant to | ||||||
| 13 | periodic drug testing in accordance with
Section 110-6.5,
| ||||||
| 14 | whether a foreign national defendant is lawfully admitted in | ||||||
| 15 | the United
States of America, whether the government of the | ||||||
| 16 | foreign national
maintains an extradition treaty with the | ||||||
| 17 | United States by which the foreign
government will extradite to | ||||||
| 18 | the United States its national for a trial for
a crime | ||||||
| 19 | allegedly committed in the United States, whether the defendant | ||||||
| 20 | is
currently subject to deportation or exclusion under the | ||||||
| 21 | immigration laws of
the United States, whether the defendant, | ||||||
| 22 | although a United States citizen,
is considered under the law | ||||||
| 23 | of any foreign state a national of that state
for the purposes | ||||||
| 24 | of extradition or non-extradition to the United States,
the | ||||||
| 25 | amount of unrecovered proceeds lost as a result of
the alleged | ||||||
| 26 | offense, the
source of bail funds tendered or sought to be | ||||||
| |||||||
| |||||||
| 1 | tendered for bail,
whether from the totality of the court's | ||||||
| 2 | consideration,
the loss of funds posted or sought to be posted | ||||||
| 3 | for bail will not deter the
defendant from flight, whether the | ||||||
| 4 | evidence shows that the defendant is
engaged in significant
| ||||||
| 5 | possession, manufacture, or delivery of a controlled substance | ||||||
| 6 | or cannabis,
either individually or in consort with others,
| ||||||
| 7 | whether at the time of the offense
charged he or she was on | ||||||
| 8 | bond or pre-trial release pending trial, probation,
periodic | ||||||
| 9 | imprisonment or conditional discharge pursuant to this Code or | ||||||
| 10 | the
comparable Code of any other state or federal jurisdiction, | ||||||
| 11 | whether the
defendant is on bond or
pre-trial release pending | ||||||
| 12 | the imposition or execution of sentence or appeal of
sentence | ||||||
| 13 | for any offense under the laws of Illinois or any other state | ||||||
| 14 | or
federal jurisdiction, whether the defendant is under parole, | ||||||
| 15 | aftercare release, mandatory
supervised release, or
work | ||||||
| 16 | release from the Illinois Department of Corrections or Illinois | ||||||
| 17 | Department of Juvenile Justice or any penal
institution or | ||||||
| 18 | corrections department of any state or federal
jurisdiction, | ||||||
| 19 | the defendant's record of convictions, whether the defendant | ||||||
| 20 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
| 21 | Illinois or similar
offense in other state or federal | ||||||
| 22 | jurisdiction within the 10 years
preceding the current charge | ||||||
| 23 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
| 24 | convicted of an offense in another state or federal
| ||||||
| 25 | jurisdiction that would
be a felony if committed in Illinois | ||||||
| 26 | within the 20 years preceding the
current charge or has been | ||||||
| |||||||
| |||||||
| 1 | convicted of such felony and released from the
penitentiary | ||||||
| 2 | within 20 years preceding the current charge if a
penitentiary | ||||||
| 3 | sentence was imposed in Illinois or other state or federal
| ||||||
| 4 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
| 5 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
| 6 | failure to appear by
the defendant at
court proceedings, | ||||||
| 7 | whether there was flight to avoid arrest or
prosecution, | ||||||
| 8 | whether the defendant escaped or
attempted to escape to avoid | ||||||
| 9 | arrest, whether the defendant refused to
identify himself or | ||||||
| 10 | herself, or whether there was a refusal by the defendant to be
| ||||||
| 11 | fingerprinted as required by law. Information used by the court | ||||||
| 12 | in its
findings or stated in or
offered in connection with this | ||||||
| 13 | Section may be by way of proffer based upon
reliable | ||||||
| 14 | information offered by the State or defendant.
All evidence | ||||||
| 15 | shall be admissible if it is relevant and
reliable regardless | ||||||
| 16 | of whether it would be admissible under the rules of
evidence | ||||||
| 17 | applicable at criminal trials.
If the State presents evidence | ||||||
| 18 | that the offense committed by the defendant
was related to or | ||||||
| 19 | in furtherance of the criminal activities of an organized
gang | ||||||
| 20 | or was motivated by the defendant's membership in or allegiance | ||||||
| 21 | to an
organized gang, and if the court determines that the | ||||||
| 22 | evidence may be
substantiated, the court shall prohibit the | ||||||
| 23 | defendant from associating with
other members of the organized | ||||||
| 24 | gang as a condition of bail or release.
For the purposes of | ||||||
| 25 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
| 26 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
| |||||||
| |||||||
| 1 | Prevention Act.
| ||||||
| 2 | (b) The amount of bail shall be:
| ||||||
| 3 | (1) Sufficient to assure compliance with the | ||||||
| 4 | conditions set forth in the
bail bond, which shall include | ||||||
| 5 | the defendant's current address with a written
| ||||||
| 6 | admonishment to the defendant that he or she must comply | ||||||
| 7 | with the provisions of
Section 110-12 regarding any change | ||||||
| 8 | in his or her address. The defendant's
address shall at all | ||||||
| 9 | times remain a matter of public record with the clerk
of | ||||||
| 10 | the court.
| ||||||
| 11 | (2) Not oppressive.
| ||||||
| 12 | (3) Considerate of the financial ability of the | ||||||
| 13 | accused.
| ||||||
| 14 | (4) When a person is charged with a drug related | ||||||
| 15 | offense involving
possession or delivery of cannabis or | ||||||
| 16 | possession or delivery of a
controlled substance as defined | ||||||
| 17 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
| 18 | Substances Act, or the Methamphetamine Control and | ||||||
| 19 | Community Protection Act, the full street value
of the | ||||||
| 20 | drugs seized shall be considered. "Street value" shall be
| ||||||
| 21 | determined by the court on the basis of a proffer by the | ||||||
| 22 | State based upon
reliable information of a law enforcement | ||||||
| 23 | official contained in a written
report as to the amount | ||||||
| 24 | seized and such proffer may be used by the court as
to the | ||||||
| 25 | current street value of the smallest unit of the drug | ||||||
| 26 | seized.
| ||||||
| |||||||
| |||||||
| 1 | (b-5) Upon the filing of a written request demonstrating | ||||||
| 2 | reasonable cause, the State's Attorney may request a source of | ||||||
| 3 | bail hearing either before or after the posting of any funds.
| ||||||
| 4 | If the hearing is granted, before the posting of any bail, the | ||||||
| 5 | accused must file a written notice requesting that the court | ||||||
| 6 | conduct a source of bail hearing. The notice must be | ||||||
| 7 | accompanied by justifying affidavits stating the legitimate | ||||||
| 8 | and lawful source of funds for bail. At the hearing, the court | ||||||
| 9 | shall inquire into any matters stated in any justifying | ||||||
| 10 | affidavits, and may also inquire into matters appropriate to | ||||||
| 11 | the determination which shall include, but are not limited to, | ||||||
| 12 | the following: | ||||||
| 13 | (1) the background, character, reputation, and | ||||||
| 14 | relationship to the accused of any surety; and | ||||||
| 15 | (2) the source of any money or property deposited by | ||||||
| 16 | any surety, and whether any such money or property | ||||||
| 17 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
| 18 | (3) the source of any money posted as cash bail, and | ||||||
| 19 | whether any such money constitutes the fruits of criminal | ||||||
| 20 | or unlawful conduct; and | ||||||
| 21 | (4) the background, character, reputation, and | ||||||
| 22 | relationship to the accused of the person posting cash | ||||||
| 23 | bail. | ||||||
| 24 | Upon setting the hearing, the court shall examine, under | ||||||
| 25 | oath, any persons who may possess material information. | ||||||
| 26 | The State's Attorney has a right to attend the hearing, to | ||||||
| |||||||
| |||||||
| 1 | call witnesses and to examine any witness in the proceeding. | ||||||
| 2 | The court shall, upon request of the State's Attorney, continue | ||||||
| 3 | the proceedings for a reasonable period to allow the State's | ||||||
| 4 | Attorney to investigate the matter raised in any testimony or | ||||||
| 5 | affidavit.
If the hearing is granted after the accused has | ||||||
| 6 | posted bail, the court shall conduct a hearing consistent with | ||||||
| 7 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
| 8 | court must issue an order either approving of disapproving the | ||||||
| 9 | bail.
| ||||||
| 10 | (c) When a person is charged with an offense punishable by | ||||||
| 11 | fine only the
amount of the bail shall not exceed double the | ||||||
| 12 | amount of the maximum penalty.
| ||||||
| 13 | (d) When a person has been convicted of an offense and only | ||||||
| 14 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
| 15 | double the amount of
the fine.
| ||||||
| 16 | (e) The State may appeal any order granting bail or setting
| ||||||
| 17 | a given amount for bail. | ||||||
| 18 | (f) When a person is charged with a violation of an order | ||||||
| 19 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
| 20 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
| 21 | charged with domestic battery, aggravated domestic battery, | ||||||
| 22 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 23 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
| 24 | cyberstalking, harassment by telephone, harassment through | ||||||
| 25 | electronic communications, or an attempt to commit first degree | ||||||
| 26 | murder committed against an intimate partner regardless | ||||||
| |||||||
| |||||||
| 1 | whether an order of protection has been issued against the | ||||||
| 2 | person, | ||||||
| 3 | (1) whether the alleged incident involved harassment | ||||||
| 4 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
| 5 | of 1986; | ||||||
| 6 | (2) whether the person has a history of domestic | ||||||
| 7 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
| 8 | or a history of other criminal acts; | ||||||
| 9 | (3) based on the mental health of the person; | ||||||
| 10 | (4) whether the person has a history of violating the | ||||||
| 11 | orders of any court or governmental entity; | ||||||
| 12 | (5) whether the person has been, or is, potentially a | ||||||
| 13 | threat to any other person; | ||||||
| 14 | (6) whether the person has access to deadly weapons or | ||||||
| 15 | a history of using deadly weapons; | ||||||
| 16 | (7) whether the person has a history of abusing alcohol | ||||||
| 17 | or any controlled substance; | ||||||
| 18 | (8) based on the severity of the alleged incident that | ||||||
| 19 | is the basis of the alleged offense, including, but not | ||||||
| 20 | limited to, the duration of the current incident, and | ||||||
| 21 | whether the alleged incident involved the use of a weapon, | ||||||
| 22 | physical injury, sexual assault, strangulation, abuse | ||||||
| 23 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
| 24 | forcible entry to gain access to the alleged victim; | ||||||
| 25 | (9) whether a separation of the person from the alleged | ||||||
| 26 | victim or a termination of the relationship between the | ||||||
| |||||||
| |||||||
| 1 | person and the alleged victim has recently occurred or is | ||||||
| 2 | pending; | ||||||
| 3 | (10) whether the person has exhibited obsessive or | ||||||
| 4 | controlling behaviors toward the alleged victim, | ||||||
| 5 | including, but not limited to, stalking, surveillance, or | ||||||
| 6 | isolation of the alleged victim or victim's family member | ||||||
| 7 | or members; | ||||||
| 8 | (11) whether the person has expressed suicidal or | ||||||
| 9 | homicidal ideations; | ||||||
| 10 | (12) based on any information contained in the | ||||||
| 11 | complaint and any police reports, affidavits, or other | ||||||
| 12 | documents accompanying the complaint, | ||||||
| 13 | the court may, in its discretion, order the respondent to | ||||||
| 14 | undergo a risk assessment evaluation using a recognized, | ||||||
| 15 | evidence-based instrument conducted by an Illinois Department | ||||||
| 16 | of Human Services approved partner abuse intervention program | ||||||
| 17 | provider, pretrial service, probation, or parole agency. These | ||||||
| 18 | agencies shall have access to summaries of the defendant's | ||||||
| 19 | criminal history, which shall not include victim interviews or | ||||||
| 20 | information, for the risk evaluation. Based on the information | ||||||
| 21 | collected from the 12 points to be considered at a bail hearing | ||||||
| 22 | under this subsection (f), the results of any risk evaluation | ||||||
| 23 | conducted and the other circumstances of the violation, the | ||||||
| 24 | court may order that the person, as a condition of bail, be | ||||||
| 25 | placed under electronic surveillance as provided in Section | ||||||
| 26 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
| |||||||
| |||||||
| 1 | determination whether or not to order the respondent to undergo | ||||||
| 2 | a risk assessment evaluation or to be placed under electronic | ||||||
| 3 | surveillance and risk assessment, the court shall document in | ||||||
| 4 | the record the court's reasons for making those determinations. | ||||||
| 5 | The cost of the electronic surveillance and risk assessment | ||||||
| 6 | shall be paid by, or on behalf, of the defendant. As used in | ||||||
| 7 | this subsection (f), "intimate partner" means a spouse or a | ||||||
| 8 | current or former partner in a cohabitation or dating | ||||||
| 9 | relationship.
| ||||||
| 10 | (Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; | ||||||
| 11 | 98-1012, eff. 1-1-15.)
| ||||||
| 12 | (725 ILCS 5/114-15)
| ||||||
| 13 | Sec. 114-15. Intellectual disability. | ||||||
| 14 | (a) In a first degree murder case in which the State seeks | ||||||
| 15 | the death
penalty as an appropriate sentence, any party may | ||||||
| 16 | raise the issue of the
defendant's intellectual disabilities by | ||||||
| 17 | motion. A defendant wishing to raise the
issue of his or her | ||||||
| 18 | intellectual disabilities shall provide written notice to the
| ||||||
| 19 | State
and the court as soon as the defendant reasonably | ||||||
| 20 | believes such issue will be
raised.
| ||||||
| 21 | (b) The issue of the defendant's intellectual disabilities | ||||||
| 22 | shall be
determined in a pretrial hearing. The court shall be | ||||||
| 23 | the fact finder on the
issue of the defendant's intellectual | ||||||
| 24 | disabilities and shall determine the issue by a
preponderance | ||||||
| 25 | of evidence in which the moving party has the burden of proof.
| ||||||
| |||||||
| |||||||
| 1 | The court may appoint an expert in the field of intellectual | ||||||
| 2 | disabilities. The defendant and the State may offer experts | ||||||
| 3 | from the
field of intellectual disabilities. The court shall | ||||||
| 4 | determine admissibility of
evidence and qualification as an | ||||||
| 5 | expert.
| ||||||
| 6 | (c) If after a plea of guilty to first degree murder, or a | ||||||
| 7 | finding of guilty
of first degree murder in a bench trial, or a | ||||||
| 8 | verdict of guilty for first
degree
murder in a jury trial, or | ||||||
| 9 | on a matter remanded from the Supreme Court for
sentencing for | ||||||
| 10 | first degree murder, and the State seeks the death penalty as | ||||||
| 11 | an
appropriate sentence, the defendant may raise the issue of | ||||||
| 12 | defendant's intellectual disabilities not at eligibility but | ||||||
| 13 | at aggravation and mitigation. The
defendant
and the State may | ||||||
| 14 | offer experts from the field of intellectual disabilities. The
| ||||||
| 15 | court shall determine admissibility of evidence and | ||||||
| 16 | qualification as an expert.
| ||||||
| 17 | (d) In determining whether the defendant is a person with | ||||||
| 18 | an intellectual disability intellectually disabled, the | ||||||
| 19 | intellectual disability
must have manifested itself by the age | ||||||
| 20 | of 18.
IQ tests and psychometric tests administered to the | ||||||
| 21 | defendant
must be the kind and type recognized by experts in | ||||||
| 22 | the field of intellectual disabilities. In order for the | ||||||
| 23 | defendant to be considered a person with an intellectual | ||||||
| 24 | disability intellectually disabled, a
low IQ must be | ||||||
| 25 | accompanied by
significant deficits in adaptive behavior in at | ||||||
| 26 | least 2 of
the
following skill areas: communication, self-care, | ||||||
| |||||||
| |||||||
| 1 | social or interpersonal
skills,
home living, self-direction, | ||||||
| 2 | academics, health and safety, use of community
resources, and | ||||||
| 3 | work.
An
intelligence quotient (IQ) of 75 or below is | ||||||
| 4 | presumptive evidence of an intellectual disability.
| ||||||
| 5 | (e) Evidence of an intellectual disability that did not | ||||||
| 6 | result in disqualifying
the case as a capital case, may be | ||||||
| 7 | introduced as evidence in mitigation
during a capital | ||||||
| 8 | sentencing hearing. A failure of the court to determine that
| ||||||
| 9 | the defendant is a person with an intellectual disability | ||||||
| 10 | intellectually disabled does not preclude the court during | ||||||
| 11 | trial
from allowing evidence relating to mental disability | ||||||
| 12 | should the court deem it
appropriate.
| ||||||
| 13 | (f) If the court determines at a pretrial hearing or after | ||||||
| 14 | remand that a
capital defendant
is a person with an | ||||||
| 15 | intellectual disability intellectually disabled, and the State | ||||||
| 16 | does not appeal pursuant to Supreme Court
Rule 604, the case | ||||||
| 17 | shall no longer be considered a capital case and the
procedural | ||||||
| 18 | guidelines established for capital cases shall no longer be
| ||||||
| 19 | applicable to the defendant. In that case, the defendant shall | ||||||
| 20 | be sentenced
under the sentencing provisions of Chapter V of | ||||||
| 21 | the Unified Code of
Corrections.
| ||||||
| 22 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 23 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
| 24 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
| 25 | (a) In a prosecution for a physical or sexual act | ||||||
| |||||||
| |||||||
| 1 | perpetrated upon or
against a child under the age of 13, or a
| ||||||
| 2 | person who was a person with a moderate, severe, or profound | ||||||
| 3 | intellectual disability moderately, severely, or
profoundly | ||||||
| 4 | intellectually disabled person as
defined in this
Code and in | ||||||
| 5 | Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | ||||||
| 6 | Code of 2012 at the time the act was committed, including but | ||||||
| 7 | not
limited to prosecutions for violations of Sections 11-1.20 | ||||||
| 8 | through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | ||||||
| 9 | 1961 or the Criminal Code of 2012 and prosecutions for | ||||||
| 10 | violations of Sections
10-1 (kidnapping), 10-2 (aggravated | ||||||
| 11 | kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | ||||||
| 12 | unlawful restraint), 10-4 (forcible detention), 10-5 (child | ||||||
| 13 | abduction), 10-6 (harboring a runaway), 10-7 (aiding or | ||||||
| 14 | abetting child abduction), 11-9 (public indecency), 11-11 | ||||||
| 15 | (sexual relations within families), 11-21 (harmful material), | ||||||
| 16 | 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | ||||||
| 17 | 12-3.2 (domestic battery), 12-3.3 (aggravated domestic | ||||||
| 18 | battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | ||||||
| 19 | (heinous battery), 12-4.2 (aggravated battery with a firearm), | ||||||
| 20 | 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | ||||||
| 21 | infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | ||||||
| 22 | (intimidation), 12-6.1 or 12-6.5 (compelling organization | ||||||
| 23 | membership of persons), 12-7.1 (hate crime), 12-7.3 | ||||||
| 24 | (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 | ||||||
| 25 | (tattooing the body of a minor), 12-11 or 19-6 (home invasion), | ||||||
| 26 | 12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 | ||||||
| |||||||
| |||||||
| 1 | (endangering the life or health of a child) or 12-32 (ritual | ||||||
| 2 | mutilation) of the Criminal Code of
1961 or the Criminal Code | ||||||
| 3 | of 2012 or any sex offense as defined in subsection (B) of | ||||||
| 4 | Section 2 of the Sex Offender Registration Act, the following | ||||||
| 5 | evidence shall be admitted as an exception to the
hearsay rule:
| ||||||
| 6 | (1) testimony by the victim of an out of court | ||||||
| 7 | statement made by the
victim that he or
she complained of | ||||||
| 8 | such act to another; and
| ||||||
| 9 | (2) testimony of an out of court statement made by the | ||||||
| 10 | victim describing
any complaint of such act or matter or | ||||||
| 11 | detail pertaining to any act which is an
element of an | ||||||
| 12 | offense which is the subject of a prosecution for a sexual | ||||||
| 13 | or
physical act against that victim.
| ||||||
| 14 | (b) Such testimony shall only be admitted if:
| ||||||
| 15 | (1) The court finds in a hearing conducted outside the | ||||||
| 16 | presence of the
jury that the time, content, and | ||||||
| 17 | circumstances of the statement provide
sufficient | ||||||
| 18 | safeguards of reliability; and
| ||||||
| 19 | (2) The child or person with a moderate, severe, or | ||||||
| 20 | profound intellectual disability moderately, severely, or
| ||||||
| 21 | profoundly intellectually disabled person either:
| ||||||
| 22 | (A) testifies at the proceeding; or
| ||||||
| 23 | (B) is unavailable as a witness and there is | ||||||
| 24 | corroborative evidence of
the act which is the subject | ||||||
| 25 | of the statement; and
| ||||||
| 26 | (3) In a case involving an offense perpetrated against | ||||||
| |||||||
| |||||||
| 1 | a child under the
age of 13, the out of court statement was | ||||||
| 2 | made before the
victim attained 13 years of age or within 3 | ||||||
| 3 | months after the commission of the
offense, whichever | ||||||
| 4 | occurs later, but the statement may be admitted regardless
| ||||||
| 5 | of the age of
the victim at the time of the proceeding.
| ||||||
| 6 | (c) If a statement is admitted pursuant to this Section, | ||||||
| 7 | the court shall
instruct the jury that it is for the jury to | ||||||
| 8 | determine the weight and
credibility to be given the statement | ||||||
| 9 | and that, in making the determination,
it shall consider the | ||||||
| 10 | age and maturity of the child, or the
intellectual capabilities | ||||||
| 11 | of the person with a moderate, severe, or profound intellectual | ||||||
| 12 | disability moderately,
severely,
or profoundly intellectually | ||||||
| 13 | disabled
person, the nature of the statement, the circumstances | ||||||
| 14 | under which the
statement was made, and any other relevant | ||||||
| 15 | factor.
| ||||||
| 16 | (d) The proponent of the statement shall give the adverse | ||||||
| 17 | party
reasonable notice of his intention to offer the statement | ||||||
| 18 | and the
particulars of the statement.
| ||||||
| 19 | (e) Statements described in paragraphs (1) and (2) of | ||||||
| 20 | subsection (a) shall
not be excluded on the basis that they | ||||||
| 21 | were obtained as a result of interviews
conducted pursuant to a | ||||||
| 22 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
| 23 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
| 24 | Children's
Advocacy Center Act or that an interviewer or | ||||||
| 25 | witness to the interview was or
is an employee, agent, or | ||||||
| 26 | investigator of a State's Attorney's office.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
| 2 | 965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff. | ||||||
| 3 | 7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
| 4 | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 5 | (725 ILCS 5/122-2.2)
| ||||||
| 6 | Sec. 122-2.2. Intellectual disability and post-conviction | ||||||
| 7 | relief.
| ||||||
| 8 | (a) In cases where no determination of an intellectual | ||||||
| 9 | disability was made and a
defendant has been convicted of | ||||||
| 10 | first-degree
murder, sentenced to death, and is in custody | ||||||
| 11 | pending execution of the
sentence of death, the following | ||||||
| 12 | procedures shall apply:
| ||||||
| 13 | (1) Notwithstanding any other provision of law or rule | ||||||
| 14 | of court, a
defendant may seek relief from the death | ||||||
| 15 | sentence through a petition for
post-conviction relief | ||||||
| 16 | under this Article alleging that the defendant was a person | ||||||
| 17 | with an intellectual disability intellectually disabled
as | ||||||
| 18 | defined in Section 114-15 at the time the offense was
| ||||||
| 19 | alleged to have been
committed.
| ||||||
| 20 | (2) The petition must be filed within 180 days of the | ||||||
| 21 | effective date of
this
amendatory Act of the 93rd General | ||||||
| 22 | Assembly or within 180 days of the
issuance of the mandate | ||||||
| 23 | by the Illinois Supreme Court setting the date of
| ||||||
| 24 | execution, whichever is later.
| ||||||
| 25 | (b) (3) All other provisions of this Article governing | ||||||
| |||||||
| |||||||
| 1 | petitions for
post-conviction relief shall apply to a petition | ||||||
| 2 | for post-conviction relief
alleging an intellectual | ||||||
| 3 | disability.
| ||||||
| 4 | (Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
| ||||||
| 5 | Section 895. The Rights of Crime Victims and Witnesses Act | ||||||
| 6 | is amended by changing Section 3 as follows:
| ||||||
| 7 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
| 8 | Sec. 3. The terms used in this Act, unless the context | ||||||
| 9 | clearly
requires otherwise, shall have the following meanings:
| ||||||
| 10 | (a) "Crime victim" and "victim" mean (1) a person | ||||||
| 11 | physically injured in this State as a
result of a violent crime | ||||||
| 12 | perpetrated or attempted against that person or (2) a
person | ||||||
| 13 | who suffers injury to or loss of property as a result of a | ||||||
| 14 | violent crime
perpetrated or attempted against that person or | ||||||
| 15 | (3) a single
representative who
may be the spouse, parent, | ||||||
| 16 | child or sibling of a person killed as a result of a
violent | ||||||
| 17 | crime perpetrated against the person killed or the spouse, | ||||||
| 18 | parent,
child or sibling of any person granted rights under | ||||||
| 19 | this Act who is physically
or mentally incapable of exercising | ||||||
| 20 | such rights, except where the spouse,
parent, child or sibling | ||||||
| 21 | is also the defendant or prisoner or (4) any person
against | ||||||
| 22 | whom a violent crime has been committed or (5) any person
who | ||||||
| 23 | has suffered personal injury as a result of a violation of | ||||||
| 24 | Section 11-501
of the Illinois Vehicle Code, or of a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance,
or of Section 9-3 of the | ||||||
| 2 | Criminal Code of 1961 or the Criminal Code of 2012 or (6) in | ||||||
| 3 | proceedings under the Juvenile Court Act of 1987, both parents, | ||||||
| 4 | legal guardians, foster parents, or a single adult | ||||||
| 5 | representative of a minor or person with a disability disabled | ||||||
| 6 | person who is a crime victim.
| ||||||
| 7 | (b) "Witness" means any person who personally observed the | ||||||
| 8 | commission of
a violent crime and who will testify on behalf of | ||||||
| 9 | the State of Illinois in
the criminal prosecution of the | ||||||
| 10 | violent crime.
| ||||||
| 11 | (c) "Violent Crime" means any felony in which force or | ||||||
| 12 | threat of force was
used against the victim, or any offense | ||||||
| 13 | involving sexual exploitation, sexual
conduct or sexual | ||||||
| 14 | penetration, or a violation of Section 11-20.1, 11-20.1B, or | ||||||
| 15 | 11-20.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 16 | 2012, domestic battery, violation of an order of
protection, | ||||||
| 17 | stalking, or any misdemeanor which results in death or great | ||||||
| 18 | bodily
harm to the victim or any violation of Section 9-3 of | ||||||
| 19 | the Criminal Code of
1961 or the Criminal Code of 2012, or | ||||||
| 20 | Section 11-501 of the Illinois Vehicle
Code, or a similar | ||||||
| 21 | provision of a local ordinance, if the violation resulted
in | ||||||
| 22 | personal injury or death, and includes any action committed by | ||||||
| 23 | a juvenile
that would be a violent crime if committed by an | ||||||
| 24 | adult. For the purposes of
this paragraph, "personal injury" | ||||||
| 25 | shall include any Type A injury as indicated
on the traffic | ||||||
| 26 | accident report completed by a law enforcement officer that
| ||||||
| |||||||
| |||||||
| 1 | requires immediate professional attention in either a doctor's | ||||||
| 2 | office or
medical facility. A type A injury shall include | ||||||
| 3 | severely bleeding wounds,
distorted extremities, and injuries | ||||||
| 4 | that require the injured party to be
carried from the scene.
| ||||||
| 5 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
| 6 | is imposed
by the court on a convicted defendant and includes | ||||||
| 7 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
| 8 | and 5-7-7 of the Unified Code of
Corrections.
| ||||||
| 9 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
| 10 | any hearing the
effect of which may be the release of the | ||||||
| 11 | defendant from custody or to alter
the conditions of bond, the | ||||||
| 12 | trial, sentencing hearing, notice of appeal, any
modification | ||||||
| 13 | of sentence, probation revocation hearings, aftercare release | ||||||
| 14 | or parole hearings.
| ||||||
| 15 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
| 16 | friends of the victim, witnesses to the
crime, or any other | ||||||
| 17 | person associated with the victim or prisoner. | ||||||
| 18 | (Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
| 19 | 98-558, eff. 1-1-14.)
| ||||||
| 20 | Section 900. The Sexually Violent Persons Commitment Act is | ||||||
| 21 | amended by changing Section 90 as follows:
| ||||||
| 22 | (725 ILCS 207/90)
| ||||||
| 23 | Sec. 90. Committed persons ability to pay for services.
| ||||||
| 24 | Each person committed or detained under this Act who receives | ||||||
| |||||||
| |||||||
| 1 | services
provided directly or funded by the Department and the | ||||||
| 2 | estate of that person is
liable for the payment of sums | ||||||
| 3 | representing charges for services to the person
at a rate to be | ||||||
| 4 | determined by the Department. Services charges against that
| ||||||
| 5 | person take effect on the date of admission or the effective | ||||||
| 6 | date of this
Section. The Department in its rules may establish | ||||||
| 7 | a maximum
rate for the cost of services. In the case of any | ||||||
| 8 | person who has received
residential services from the | ||||||
| 9 | Department, whether directly from the Department
or through a | ||||||
| 10 | public or
private agency or entity funded by the Department, | ||||||
| 11 | the liability shall be the
same regardless of the source of | ||||||
| 12 | services. When the person is placed in a
facility outside the | ||||||
| 13 | Department, the facility shall collect reimbursement from
the | ||||||
| 14 | person. The Department may supplement the contribution of the | ||||||
| 15 | person to
private facilities after all other sources of income | ||||||
| 16 | have been utilized;
however the supplement shall not exceed the | ||||||
| 17 | allowable rate under Title XVIII
or Title XIX of the Federal | ||||||
| 18 | Social Security Act for those persons eligible for
those | ||||||
| 19 | respective programs. The Department may pay the actual costs of | ||||||
| 20 | services
or maintenance in the facility and may collect | ||||||
| 21 | reimbursement for the entire
amount paid from the person or an | ||||||
| 22 | amount not to exceed the maximum. Lesser or
greater amounts may | ||||||
| 23 | be accepted by the Department when conditions warrant that
| ||||||
| 24 | action or when offered by persons not liable under this Act. | ||||||
| 25 | Nothing in this
Section shall preclude the Department from | ||||||
| 26 | applying federal benefits that are
specifically provided for | ||||||
| |||||||
| |||||||
| 1 | the care and treatment of a person with a disability disabled | ||||||
| 2 | person toward
the cost of care provided by a State facility or | ||||||
| 3 | private agency. The
Department
may investigate the financial | ||||||
| 4 | condition of each
person committed under this Act, may make | ||||||
| 5 | determinations of the ability of each
such person to pay sums | ||||||
| 6 | representing services charges, and for those purposes
may set a | ||||||
| 7 | standard as a basis of judgment of ability to pay. The | ||||||
| 8 | Department
shall by rule make provisions for unusual and | ||||||
| 9 | exceptional circumstances in the
application of that standard. | ||||||
| 10 | The Department may issue to any person liable
under this Act a | ||||||
| 11 | statement of amount due as treatment charges requiring him or
| ||||||
| 12 | her to
pay monthly, quarterly, or otherwise as may be arranged, | ||||||
| 13 | an amount not
exceeding that required under this Act, plus fees | ||||||
| 14 | to which the Department may
be entitled under this Act.
| ||||||
| 15 | (a) Whenever an individual is covered, in part or in whole, | ||||||
| 16 | under any type
of insurance arrangement, private or public, for | ||||||
| 17 | services provided by the
Department, the proceeds from the | ||||||
| 18 | insurance shall be considered as part of the
individual's | ||||||
| 19 | ability to pay notwithstanding that the insurance contract was
| ||||||
| 20 | entered into by a person other than the individual or that the
| ||||||
| 21 | premiums for the insurance were paid for by a person other than | ||||||
| 22 | the
individual. Remittances from intermediary agencies under | ||||||
| 23 | Title XVIII of the
Federal
Social Security Act for services to | ||||||
| 24 | committed persons shall be deposited with
the State Treasurer | ||||||
| 25 | and placed in the Mental Health Fund. Payments received
from | ||||||
| 26 | the Department of Healthcare and Family Services
under Title | ||||||
| |||||||
| |||||||
| 1 | XIX of the Federal Social
Security Act for services to those | ||||||
| 2 | persons shall be deposited with the State
Treasurer and shall | ||||||
| 3 | be placed in the General Revenue Fund.
| ||||||
| 4 | (b) Any person who has been issued a Notice of | ||||||
| 5 | Determination of sums due as
services charges may petition the | ||||||
| 6 | Department for a review of that
determination. The petition | ||||||
| 7 | must be in writing and filed with the Department
within 90 days | ||||||
| 8 | from the date of the Notice of Determination. The Department
| ||||||
| 9 | shall provide for a hearing to be held on the charges for the | ||||||
| 10 | period covered by
the petition. The Department may after the | ||||||
| 11 | hearing, cancel, modify, or
increase the former determination | ||||||
| 12 | to an amount not to exceed the maximum
provided for the person | ||||||
| 13 | by this Act. The Department at its expense shall take
testimony | ||||||
| 14 | and preserve a record of all proceedings at the hearing upon | ||||||
| 15 | any
petition for a release from or modification of the | ||||||
| 16 | determination. The
petition and other documents in the nature | ||||||
| 17 | of pleadings and motions filed in
the case, a transcript of | ||||||
| 18 | testimony, findings of the Department, and orders of
the | ||||||
| 19 | Secretary constitute the record. The Secretary shall furnish a | ||||||
| 20 | transcript
of the record to any person upon payment of 75¢ per | ||||||
| 21 | page for each
original transcript and 25¢ per page for each | ||||||
| 22 | copy of the transcript. Any
person
aggrieved by the decision of | ||||||
| 23 | the Department upon a hearing may, within 30
days thereafter, | ||||||
| 24 | file a petition with the Department for review of the
decision | ||||||
| 25 | by the Board of Reimbursement Appeals established in the Mental | ||||||
| 26 | Health
and Developmental Disabilities Code. The Board of | ||||||
| |||||||
| |||||||
| 1 | Reimbursement Appeals may
approve action taken by the | ||||||
| 2 | Department or may remand the case to the Secretary
with | ||||||
| 3 | recommendation for redetermination of charges.
| ||||||
| 4 | (c) Upon receiving a petition for review under subsection | ||||||
| 5 | (b) of this
Section, the Department shall thereupon
notify the | ||||||
| 6 | Board of Reimbursement Appeals which shall render its decision
| ||||||
| 7 | thereon within 30 days after the petition is filed and certify | ||||||
| 8 | such decision to
the Department. Concurrence of a majority of | ||||||
| 9 | the Board is necessary in any
such decision. Upon request of | ||||||
| 10 | the Department, the State's Attorney of the
county in which a | ||||||
| 11 | client who is liable under this Act for payment of sums
| ||||||
| 12 | representing services charges resides, shall institute | ||||||
| 13 | appropriate legal action
against any such client, or within the | ||||||
| 14 | time provided by law shall file a
claim against the estate of | ||||||
| 15 | the client who fails or refuses to pay those
charges. The court | ||||||
| 16 | shall order the payment of sums due for services charges
for | ||||||
| 17 | such period or periods of time as the circumstances require. | ||||||
| 18 | The order
may be entered against any defendant and may be based | ||||||
| 19 | upon the proportionate
ability of each defendant to contribute | ||||||
| 20 | to the payment of sums representing
services charges including | ||||||
| 21 | the actual charges for services in facilities
outside
the | ||||||
| 22 | Department where the Department has paid those charges. Orders | ||||||
| 23 | for the
payment of money may be enforced by attachment as for | ||||||
| 24 | contempt against the
persons of the defendants and, in | ||||||
| 25 | addition, as other judgments for the payment
of money, and | ||||||
| 26 | costs may be adjudged against the defendants and apportioned
| ||||||
| |||||||
| |||||||
| 1 | among them.
| ||||||
| 2 | (d) The money collected shall be deposited into the Mental | ||||||
| 3 | Health Fund.
| ||||||
| 4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 5 | Section 905. The State's Attorneys Appellate Prosecutor's | ||||||
| 6 | Act is amended by changing Section 4.10 as follows:
| ||||||
| 7 | (725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
| ||||||
| 8 | Sec. 4.10.
The Office may conduct and charge tuition for | ||||||
| 9 | training
programs for State's Attorneys, Assistant State's | ||||||
| 10 | Attorneys and other
law enforcement officers. The Office shall | ||||||
| 11 | conduct training programs and provide technical trial | ||||||
| 12 | assistance for Illinois State's Attorneys, Assistant State's | ||||||
| 13 | Attorneys, and
law enforcement officers on: (1) | ||||||
| 14 | constitutional, statutory, and case law issues; (2) forensic | ||||||
| 15 | evidence; (3) prosecutorial ethics and professional | ||||||
| 16 | responsibility; and (4) a continuum of trial advocacy
| ||||||
| 17 | techniques and methods, including an emphasis on the | ||||||
| 18 | elimination of or reduction in the trauma of
testifying in | ||||||
| 19 | criminal proceedings for vulnerable populations including | ||||||
| 20 | seniors, persons with disabilities disabled persons, and | ||||||
| 21 | children who serve as witnesses in
such proceedings. The Office | ||||||
| 22 | may make grants for these purposes. In addition, the Office may
| ||||||
| 23 | publish, disseminate
and sell publications and newsletters | ||||||
| 24 | which digest current Appellate and
Supreme Court cases and | ||||||
| |||||||
| |||||||
| 1 | legislative developments of importance to prosecutors
and law | ||||||
| 2 | enforcement officials. The moneys collected by the Office from
| ||||||
| 3 | the programs and publications provided for in this Section | ||||||
| 4 | shall be deposited
in the Continuing Legal Education Trust | ||||||
| 5 | Fund, which special fund is hereby
created in the State | ||||||
| 6 | Treasury. In addition, such appropriations, gifts or grants of | ||||||
| 7 | money
as the Office may secure from any public or private
| ||||||
| 8 | source for the purposes
described in this
Section shall be | ||||||
| 9 | deposited in the Continuing Legal Education Trust Fund.
The | ||||||
| 10 | General Assembly
shall make appropriations from the Continuing | ||||||
| 11 | Legal Education Trust Fund
for the expenses of the Office | ||||||
| 12 | incident to conducting the programs and
publishing the | ||||||
| 13 | materials provided for in this Section.
| ||||||
| 14 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
| 15 | Section 910. The Unified Code of Corrections is amended by | ||||||
| 16 | changing Sections 3-12-16, 5-1-8, 5-1-13, 5-5-3, 5-5-3.1, | ||||||
| 17 | 5-5-3.2, 5-6-3, 5-6-3.1, and 5-7-1 as follows:
| ||||||
| 18 | (730 ILCS 5/3-12-16)
| ||||||
| 19 | Sec. 3-12-16. Helping Paws Service Dog Program.
| ||||||
| 20 | (a) In this Section:
| ||||||
| 21 | "Person with a disability Disabled person" means a person | ||||||
| 22 | who suffers from a physical or mental
impairment that | ||||||
| 23 | substantially
limits one or more major life activities.
| ||||||
| 24 | "Program" means the Helping Paws Service Dog Program | ||||||
| |||||||
| |||||||
| 1 | created by this
Section.
| ||||||
| 2 | "Service dog" means a dog trained in obedience and task | ||||||
| 3 | skills to meet
the
needs of a person with a disability disabled | ||||||
| 4 | person.
| ||||||
| 5 | "Animal care professional" means a person certified to work | ||||||
| 6 | in animal
care
related services, such as
grooming, kenneling, | ||||||
| 7 | and any other related fields.
| ||||||
| 8 | "Service dog professional" means a person certified to | ||||||
| 9 | train service
dogs
by an agency, organization, or
school | ||||||
| 10 | approved by the Department.
| ||||||
| 11 | (b) The Department may establish the Helping Paws Service | ||||||
| 12 | Dog Program to
train
committed persons to be
service dog | ||||||
| 13 | trainers and animal care professionals. The Department shall | ||||||
| 14 | select
committed persons in
various correctional institutions | ||||||
| 15 | and facilities to participate in the Program.
| ||||||
| 16 | (c) Priority for participation in the Program must be given | ||||||
| 17 | to committed
persons who either have a high school
diploma or | ||||||
| 18 | have passed high school equivalency testing.
| ||||||
| 19 | (d) The Department may contract with service dog | ||||||
| 20 | professionals to train
committed persons to be certified
| ||||||
| 21 | service dog trainers. Service dog professionals shall train | ||||||
| 22 | committed persons
in
dog obedience training,
service dog | ||||||
| 23 | training, and animal health care. Upon successful completion of | ||||||
| 24 | the
training, a committed
person shall receive certification by | ||||||
| 25 | an agency, organization, or school
approved by the Department.
| ||||||
| 26 | (e) The Department may designate a non-profit organization | ||||||
| |||||||
| |||||||
| 1 | to select
animals
from humane societies and
shelters for the | ||||||
| 2 | purpose of being trained as service dogs and for participation
| ||||||
| 3 | in any program designed to
train animal care professionals.
| ||||||
| 4 | (f) After a dog is trained by the committed person as a | ||||||
| 5 | service dog, a
review
committee consisting of an equal
number | ||||||
| 6 | of persons from the Department and the non-profit organization | ||||||
| 7 | shall
select a person with a disability disabled person to
| ||||||
| 8 | receive the service dog free of charge.
| ||||||
| 9 | (g) Employees of the Department shall periodically visit | ||||||
| 10 | persons with disabilities disabled persons
who
have received | ||||||
| 11 | service dogs from
the Department under this Section to | ||||||
| 12 | determine whether the needs of the
persons with disabilities | ||||||
| 13 | disabled persons have been met
by the service dogs trained by | ||||||
| 14 | committed persons.
| ||||||
| 15 | (h) Employees of the Department shall periodically visit | ||||||
| 16 | committed persons
who
have been certified as service
dog | ||||||
| 17 | trainers or animal care professionals and who have been paroled | ||||||
| 18 | or placed
on mandatory supervised
release to determine whether | ||||||
| 19 | the committed persons are using their skills as
certified | ||||||
| 20 | service dog trainers or
animal care professionals.
| ||||||
| 21 | (Source: P.A. 98-718, eff. 1-1-15.)
| ||||||
| 22 | (730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
| ||||||
| 23 | Sec. 5-1-8. Defendant in Need of Mental Treatment. | ||||||
| 24 | "Defendant in need of mental treatment" means any defendant | ||||||
| 25 | afflicted
with a mental disorder, not including a person with | ||||||
| |||||||
| |||||||
| 1 | an intellectual disability who is intellectually disabled, if
| ||||||
| 2 | that defendant, as a result of such mental disorder, is | ||||||
| 3 | reasonably expected
at the time of determination or within a | ||||||
| 4 | reasonable time thereafter to
intentionally or unintentionally | ||||||
| 5 | physically injure himself or other
persons, or is unable to | ||||||
| 6 | care for himself so as to guard himself from
physical injury or | ||||||
| 7 | to provide for his own physical needs.
| ||||||
| 8 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 9 | (730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
| ||||||
| 10 | Sec. 5-1-13. Intellectual disability Intellectually | ||||||
| 11 | Disabled. "Intellectual disability" means Intellectually | ||||||
| 12 | disabled" and "intellectual disability" mean sub-average | ||||||
| 13 | general
intellectual functioning generally originating during | ||||||
| 14 | the developmental
period and associated with impairment in | ||||||
| 15 | adaptive behavior reflected in
delayed maturation or reduced | ||||||
| 16 | learning ability or inadequate social
adjustment.
| ||||||
| 17 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 18 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
| 19 | Sec. 5-5-3. Disposition.
| ||||||
| 20 | (a) (Blank).
| ||||||
| 21 | (b) (Blank).
| ||||||
| 22 | (c) (1) (Blank).
| ||||||
| 23 | (2) A period of probation, a term of periodic imprisonment | ||||||
| 24 | or
conditional discharge shall not be imposed for the following | ||||||
| |||||||
| |||||||
| 1 | offenses.
The court shall sentence the offender to not less | ||||||
| 2 | than the minimum term
of imprisonment set forth in this Code | ||||||
| 3 | for the following offenses, and
may order a fine or restitution | ||||||
| 4 | or both in conjunction with such term of
imprisonment:
| ||||||
| 5 | (A) First degree murder where the death penalty is not | ||||||
| 6 | imposed.
| ||||||
| 7 | (B) Attempted first degree murder.
| ||||||
| 8 | (C) A Class X felony.
| ||||||
| 9 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
| 10 | Controlled Substances Act, or a violation of subdivision | ||||||
| 11 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
| 12 | to more than 5 grams of a substance
containing cocaine, | ||||||
| 13 | fentanyl, or an analog thereof.
| ||||||
| 14 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
| 15 | of the Illinois Controlled Substances Act which relates to | ||||||
| 16 | 3 or more grams of a substance
containing heroin or an | ||||||
| 17 | analog thereof. | ||||||
| 18 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
| 19 | Control
Act.
| ||||||
| 20 | (F) A Class 2 or greater felony if the offender had | ||||||
| 21 | been convicted
of a Class 2 or greater felony, including | ||||||
| 22 | any state or federal conviction for an offense that | ||||||
| 23 | contained, at the time it was committed, the same elements | ||||||
| 24 | as an offense now (the date of the offense committed after | ||||||
| 25 | the prior Class 2 or greater felony) classified as a Class | ||||||
| 26 | 2 or greater felony, within 10 years of the date on which | ||||||
| |||||||
| |||||||
| 1 | the
offender
committed the offense for which he or she is | ||||||
| 2 | being sentenced, except as
otherwise provided in Section | ||||||
| 3 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
| 4 | Act.
| ||||||
| 5 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
| 6 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
| 7 | which imprisonment is prescribed in those Sections. | ||||||
| 8 | (G) Residential burglary, except as otherwise provided | ||||||
| 9 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
| 10 | Dependency Act.
| ||||||
| 11 | (H) Criminal sexual assault.
| ||||||
| 12 | (I) Aggravated battery of a senior citizen as described | ||||||
| 13 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
| 14 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 15 | (J) A forcible felony if the offense was related to the | ||||||
| 16 | activities of an
organized gang.
| ||||||
| 17 | Before July 1, 1994, for the purposes of this | ||||||
| 18 | paragraph, "organized
gang" means an association of 5 or | ||||||
| 19 | more persons, with an established hierarchy,
that | ||||||
| 20 | encourages members of the association to perpetrate crimes | ||||||
| 21 | or provides
support to the members of the association who | ||||||
| 22 | do commit crimes.
| ||||||
| 23 | Beginning July 1, 1994, for the purposes of this | ||||||
| 24 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
| 25 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
| 26 | Prevention Act.
| ||||||
| |||||||
| |||||||
| 1 | (K) Vehicular hijacking.
| ||||||
| 2 | (L) A second or subsequent conviction for the offense | ||||||
| 3 | of hate crime
when the underlying offense upon which the | ||||||
| 4 | hate crime is based is felony
aggravated
assault or felony | ||||||
| 5 | mob action.
| ||||||
| 6 | (M) A second or subsequent conviction for the offense | ||||||
| 7 | of institutional
vandalism if the damage to the property | ||||||
| 8 | exceeds $300.
| ||||||
| 9 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
| 10 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
| 11 | Identification Card Act.
| ||||||
| 12 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
| 13 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 14 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
| 15 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
| 16 | Code of 1961 or the Criminal Code of 2012.
| ||||||
| 17 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
| 18 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
| 19 | Code of
1961 or the Criminal Code of 2012.
| ||||||
| 20 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
| 21 | of
1961 or the Criminal Code of 2012.
| ||||||
| 22 | (S) (Blank).
| ||||||
| 23 | (T) A second or subsequent violation of the | ||||||
| 24 | Methamphetamine Control and Community Protection Act.
| ||||||
| 25 | (U) A second or subsequent violation of Section 6-303 | ||||||
| 26 | of the Illinois Vehicle Code committed while his or her | ||||||
| |||||||
| |||||||
| 1 | driver's license, permit, or privilege was revoked because | ||||||
| 2 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
| 3 | or the Criminal Code of 2012, relating to the offense of | ||||||
| 4 | reckless homicide, or a similar provision of a law of | ||||||
| 5 | another state.
| ||||||
| 6 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
| 7 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
| 8 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
| 9 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
| 10 | Code of 2012 when the victim is under 13 years of age and | ||||||
| 11 | the defendant has previously been convicted under the laws | ||||||
| 12 | of this State or any other state of the offense of child | ||||||
| 13 | pornography, aggravated child pornography, aggravated | ||||||
| 14 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
| 15 | predatory criminal sexual assault of a child, or any of the | ||||||
| 16 | offenses formerly known as rape, deviate sexual assault, | ||||||
| 17 | indecent liberties with a child, or aggravated indecent | ||||||
| 18 | liberties with a child where the victim was under the age | ||||||
| 19 | of 18 years or an offense that is substantially equivalent | ||||||
| 20 | to those offenses. | ||||||
| 21 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
| 22 | of 1961 or the Criminal Code of 2012.
| ||||||
| 23 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
| 24 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 25 | (Y) A conviction for unlawful possession of a firearm | ||||||
| 26 | by a street gang member when the firearm was loaded or | ||||||
| |||||||
| |||||||
| 1 | contained firearm ammunition. | ||||||
| 2 | (Z) A Class 1 felony committed while he or she was | ||||||
| 3 | serving a term of probation or conditional discharge for a | ||||||
| 4 | felony. | ||||||
| 5 | (AA) Theft of property exceeding $500,000 and not | ||||||
| 6 | exceeding $1,000,000 in value. | ||||||
| 7 | (BB) Laundering of criminally derived property of a | ||||||
| 8 | value exceeding
$500,000. | ||||||
| 9 | (CC) Knowingly selling, offering for sale, holding for | ||||||
| 10 | sale, or using 2,000 or more counterfeit items or | ||||||
| 11 | counterfeit items having a retail value in the aggregate of | ||||||
| 12 | $500,000 or more. | ||||||
| 13 | (DD) A conviction for aggravated assault under | ||||||
| 14 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
| 15 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 16 | firearm is aimed toward the person against whom the firearm | ||||||
| 17 | is being used. | ||||||
| 18 | (3) (Blank).
| ||||||
| 19 | (4) A minimum term of imprisonment of not less than 10
| ||||||
| 20 | consecutive days or 30 days of community service shall be | ||||||
| 21 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
| 22 | the Illinois Vehicle Code.
| ||||||
| 23 | (4.1) (Blank).
| ||||||
| 24 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
| 25 | this subsection (c), a
minimum of
100 hours of community | ||||||
| 26 | service shall be imposed for a second violation of
Section | ||||||
| |||||||
| |||||||
| 1 | 6-303
of the Illinois Vehicle Code.
| ||||||
| 2 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
| 3 | hours of community
service, as determined by the court, shall
| ||||||
| 4 | be imposed for a second violation of subsection (c) of Section | ||||||
| 5 | 6-303 of the
Illinois Vehicle Code.
| ||||||
| 6 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
| 7 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
| 8 | 30 days or 300 hours of community service, as
determined by the | ||||||
| 9 | court, shall
be imposed
for a third or subsequent violation of | ||||||
| 10 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
| 11 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
| 12 | imposed for a third violation of subsection (c) of
Section | ||||||
| 13 | 6-303 of the Illinois Vehicle Code.
| ||||||
| 14 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
| 15 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
| 16 | shall be imposed for a
fourth or subsequent violation of | ||||||
| 17 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
| 18 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
| 19 | consecutive days, or 300 hours of community service, shall be | ||||||
| 20 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
| 21 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
| 22 | that Section.
| ||||||
| 23 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
| 24 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
| 25 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
| 26 | Section. The person's driving privileges shall be revoked for a | ||||||
| |||||||
| |||||||
| 1 | period of not less than 5 years from the date of his or her | ||||||
| 2 | release from prison.
| ||||||
| 3 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
| 4 | not more than 15 years shall be imposed for a third violation | ||||||
| 5 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
| 6 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
| 7 | person's driving privileges shall be revoked for the remainder | ||||||
| 8 | of his or her life.
| ||||||
| 9 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
| 10 | shall be imposed, and the person shall be eligible for an | ||||||
| 11 | extended term sentence, for a fourth or subsequent violation of | ||||||
| 12 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
| 13 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
| 14 | driving privileges shall be revoked for the remainder of his or | ||||||
| 15 | her life.
| ||||||
| 16 | (5) The court may sentence a corporation or unincorporated
| ||||||
| 17 | association convicted of any offense to:
| ||||||
| 18 | (A) a period of conditional discharge;
| ||||||
| 19 | (B) a fine;
| ||||||
| 20 | (C) make restitution to the victim under Section 5-5-6 | ||||||
| 21 | of this Code.
| ||||||
| 22 | (5.1) In addition to any other penalties imposed, and | ||||||
| 23 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
| 24 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
| 25 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
| 26 | permit, or privileges
suspended for at least 90 days but not | ||||||
| |||||||
| |||||||
| 1 | more than one year, if the violation
resulted in damage to the | ||||||
| 2 | property of another person.
| ||||||
| 3 | (5.2) In addition to any other penalties imposed, and | ||||||
| 4 | except as provided in paragraph (5.3), a person convicted
of | ||||||
| 5 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
| 6 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
| 7 | privileges suspended for at
least 180 days but not more than 2 | ||||||
| 8 | years, if the violation resulted in injury
to
another person.
| ||||||
| 9 | (5.3) In addition to any other penalties imposed, a person | ||||||
| 10 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
| 11 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
| 12 | permit, or privileges suspended for 2 years, if the violation | ||||||
| 13 | resulted in the
death of another person.
| ||||||
| 14 | (5.4) In addition to any other penalties imposed, a person | ||||||
| 15 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
| 16 | Code shall have his or her driver's license, permit, or | ||||||
| 17 | privileges suspended for 3 months and until he or she has paid | ||||||
| 18 | a reinstatement fee of $100. | ||||||
| 19 | (5.5) In addition to any other penalties imposed, a person | ||||||
| 20 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
| 21 | Code during a period in which his or her driver's license, | ||||||
| 22 | permit, or privileges were suspended for a previous violation | ||||||
| 23 | of that Section shall have his or her driver's license, permit, | ||||||
| 24 | or privileges suspended for an additional 6 months after the | ||||||
| 25 | expiration of the original 3-month suspension and until he or | ||||||
| 26 | she has paid a reinstatement fee of $100.
| ||||||
| |||||||
| |||||||
| 1 | (6) (Blank).
| ||||||
| 2 | (7) (Blank).
| ||||||
| 3 | (8) (Blank).
| ||||||
| 4 | (9) A defendant convicted of a second or subsequent offense | ||||||
| 5 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
| 6 | natural life imprisonment.
| ||||||
| 7 | (10) (Blank).
| ||||||
| 8 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
| 9 | first offense
and $2,000 for a second or subsequent offense | ||||||
| 10 | upon a person convicted of or
placed on supervision for battery | ||||||
| 11 | when the individual harmed was a sports
official or coach at | ||||||
| 12 | any level of competition and the act causing harm to the
sports
| ||||||
| 13 | official or coach occurred within an athletic facility or | ||||||
| 14 | within the immediate vicinity
of the athletic facility at which | ||||||
| 15 | the sports official or coach was an active
participant
of the | ||||||
| 16 | athletic contest held at the athletic facility. For the | ||||||
| 17 | purposes of
this paragraph (11), "sports official" means a | ||||||
| 18 | person at an athletic contest
who enforces the rules of the | ||||||
| 19 | contest, such as an umpire or referee; "athletic facility" | ||||||
| 20 | means an indoor or outdoor playing field or recreational area | ||||||
| 21 | where sports activities are conducted;
and "coach" means a | ||||||
| 22 | person recognized as a coach by the sanctioning
authority that | ||||||
| 23 | conducted the sporting event. | ||||||
| 24 | (12) A person may not receive a disposition of court | ||||||
| 25 | supervision for a
violation of Section 5-16 of the Boat | ||||||
| 26 | Registration and Safety Act if that
person has previously | ||||||
| |||||||
| |||||||
| 1 | received a disposition of court supervision for a
violation of | ||||||
| 2 | that Section.
| ||||||
| 3 | (13) A person convicted of or placed on court supervision | ||||||
| 4 | for an assault or aggravated assault when the victim and the | ||||||
| 5 | offender are family or household members as defined in Section | ||||||
| 6 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
| 7 | of domestic battery or aggravated domestic battery may be | ||||||
| 8 | required to attend a Partner Abuse Intervention Program under | ||||||
| 9 | protocols set forth by the Illinois Department of Human | ||||||
| 10 | Services under such terms and conditions imposed by the court. | ||||||
| 11 | The costs of such classes shall be paid by the offender.
| ||||||
| 12 | (d) In any case in which a sentence originally imposed is | ||||||
| 13 | vacated,
the case shall be remanded to the trial court. The | ||||||
| 14 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
| 15 | Unified Code of Corrections
which may include evidence of the | ||||||
| 16 | defendant's life, moral character and
occupation during the | ||||||
| 17 | time since the original sentence was passed. The
trial court | ||||||
| 18 | shall then impose sentence upon the defendant. The trial
court | ||||||
| 19 | may impose any sentence which could have been imposed at the
| ||||||
| 20 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
| 21 | Corrections.
If a sentence is vacated on appeal or on | ||||||
| 22 | collateral attack due to the
failure of the trier of fact at | ||||||
| 23 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
| 24 | fact (other than a prior conviction) necessary to increase the
| ||||||
| 25 | punishment for the offense beyond the statutory maximum | ||||||
| 26 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
| |||||||
| |||||||
| 1 | to a term within the range otherwise
provided or, if the State | ||||||
| 2 | files notice of its intention to again seek the
extended | ||||||
| 3 | sentence, the defendant shall be afforded a new trial.
| ||||||
| 4 | (e) In cases where prosecution for
aggravated criminal | ||||||
| 5 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
| 6 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
| 7 | of a defendant
who was a family member of the victim at the | ||||||
| 8 | time of the commission of the
offense, the court shall consider | ||||||
| 9 | the safety and welfare of the victim and
may impose a sentence | ||||||
| 10 | of probation only where:
| ||||||
| 11 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
| 12 | (A) the defendant is willing to undergo a court | ||||||
| 13 | approved counseling
program for a minimum duration of 2 | ||||||
| 14 | years; or
| ||||||
| 15 | (B) the defendant is willing to participate in a | ||||||
| 16 | court approved plan
including but not limited to the | ||||||
| 17 | defendant's:
| ||||||
| 18 | (i) removal from the household;
| ||||||
| 19 | (ii) restricted contact with the victim;
| ||||||
| 20 | (iii) continued financial support of the | ||||||
| 21 | family;
| ||||||
| 22 | (iv) restitution for harm done to the victim; | ||||||
| 23 | and
| ||||||
| 24 | (v) compliance with any other measures that | ||||||
| 25 | the court may
deem appropriate; and
| ||||||
| 26 | (2) the court orders the defendant to pay for the | ||||||
| |||||||
| |||||||
| 1 | victim's counseling
services, to the extent that the court | ||||||
| 2 | finds, after considering the
defendant's income and | ||||||
| 3 | assets, that the defendant is financially capable of
paying | ||||||
| 4 | for such services, if the victim was under 18 years of age | ||||||
| 5 | at the
time the offense was committed and requires | ||||||
| 6 | counseling as a result of the
offense.
| ||||||
| 7 | Probation may be revoked or modified pursuant to Section | ||||||
| 8 | 5-6-4; except
where the court determines at the hearing that | ||||||
| 9 | the defendant violated a
condition of his or her probation | ||||||
| 10 | restricting contact with the victim or
other family members or | ||||||
| 11 | commits another offense with the victim or other
family | ||||||
| 12 | members, the court shall revoke the defendant's probation and
| ||||||
| 13 | impose a term of imprisonment.
| ||||||
| 14 | For the purposes of this Section, "family member" and | ||||||
| 15 | "victim" shall have
the meanings ascribed to them in Section | ||||||
| 16 | 11-0.1 of the Criminal Code of
2012.
| ||||||
| 17 | (f) (Blank).
| ||||||
| 18 | (g) Whenever a defendant is convicted of an offense under | ||||||
| 19 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
| 20 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
| 21 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
| 22 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
| 23 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
| 25 | testing to
determine whether the defendant has any sexually | ||||||
| 26 | transmissible disease,
including a test for infection with | ||||||
| |||||||
| |||||||
| 1 | human immunodeficiency virus (HIV) or
any other identified | ||||||
| 2 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
| 3 | Any such medical test shall be performed only by appropriately
| ||||||
| 4 | licensed medical practitioners and may include an analysis of | ||||||
| 5 | any bodily
fluids as well as an examination of the defendant's | ||||||
| 6 | person.
Except as otherwise provided by law, the results of | ||||||
| 7 | such test shall be kept
strictly confidential by all medical | ||||||
| 8 | personnel involved in the testing and must
be personally | ||||||
| 9 | delivered in a sealed envelope to the judge of the court in | ||||||
| 10 | which
the conviction was entered for the judge's inspection in | ||||||
| 11 | camera. Acting in
accordance with the best interests of the | ||||||
| 12 | victim and the public, the judge
shall have the discretion to | ||||||
| 13 | determine to whom, if anyone, the results of the
testing may be | ||||||
| 14 | revealed. The court shall notify the defendant
of the test | ||||||
| 15 | results. The court shall
also notify the victim if requested by | ||||||
| 16 | the victim, and if the victim is under
the age of 15 and if | ||||||
| 17 | requested by the victim's parents or legal guardian, the
court | ||||||
| 18 | shall notify the victim's parents or legal guardian of the test
| ||||||
| 19 | results.
The court shall provide information on the | ||||||
| 20 | availability of HIV testing
and counseling at Department of | ||||||
| 21 | Public Health facilities to all parties to
whom the results of | ||||||
| 22 | the testing are revealed and shall direct the State's
Attorney | ||||||
| 23 | to provide the information to the victim when possible.
A | ||||||
| 24 | State's Attorney may petition the court to obtain the results | ||||||
| 25 | of any HIV test
administered under this Section, and the court | ||||||
| 26 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
| |||||||
| |||||||
| 1 | relevant in order to prosecute a charge of
criminal | ||||||
| 2 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
| 3 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
| 4 | defendant. The court shall order that the cost of any such test
| ||||||
| 5 | shall be paid by the county and may be taxed as costs against | ||||||
| 6 | the convicted
defendant.
| ||||||
| 7 | (g-5) When an inmate is tested for an airborne communicable | ||||||
| 8 | disease, as
determined by the Illinois Department of Public | ||||||
| 9 | Health including but not
limited to tuberculosis, the results | ||||||
| 10 | of the test shall be
personally delivered by the warden or his | ||||||
| 11 | or her designee in a sealed envelope
to the judge of the court | ||||||
| 12 | in which the inmate must appear for the judge's
inspection in | ||||||
| 13 | camera if requested by the judge. Acting in accordance with the
| ||||||
| 14 | best interests of those in the courtroom, the judge shall have | ||||||
| 15 | the discretion
to determine what if any precautions need to be | ||||||
| 16 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
| 17 | (h) Whenever a defendant is convicted of an offense under | ||||||
| 18 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
| 19 | defendant shall undergo
medical testing to determine whether | ||||||
| 20 | the defendant has been exposed to human
immunodeficiency virus | ||||||
| 21 | (HIV) or any other identified causative agent of
acquired | ||||||
| 22 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
| 23 | by
law, the results of such test shall be kept strictly | ||||||
| 24 | confidential by all
medical personnel involved in the testing | ||||||
| 25 | and must be personally delivered in a
sealed envelope to the | ||||||
| 26 | judge of the court in which the conviction was entered
for the | ||||||
| |||||||
| |||||||
| 1 | judge's inspection in camera. Acting in accordance with the | ||||||
| 2 | best
interests of the public, the judge shall have the | ||||||
| 3 | discretion to determine to
whom, if anyone, the results of the | ||||||
| 4 | testing may be revealed. The court shall
notify the defendant | ||||||
| 5 | of a positive test showing an infection with the human
| ||||||
| 6 | immunodeficiency virus (HIV). The court shall provide | ||||||
| 7 | information on the
availability of HIV testing and counseling | ||||||
| 8 | at Department of Public Health
facilities to all parties to | ||||||
| 9 | whom the results of the testing are revealed and
shall direct | ||||||
| 10 | the State's Attorney to provide the information to the victim | ||||||
| 11 | when
possible. A State's Attorney may petition the court to | ||||||
| 12 | obtain the results of
any HIV test administered under this | ||||||
| 13 | Section, and the court shall grant the
disclosure if the | ||||||
| 14 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
| 15 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
| 16 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 17 | 2012 against the defendant. The court shall order that the cost | ||||||
| 18 | of any
such test shall be paid by the county and may be taxed as | ||||||
| 19 | costs against the
convicted defendant.
| ||||||
| 20 | (i) All fines and penalties imposed under this Section for | ||||||
| 21 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
| 22 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
| 23 | any violation
of the Child Passenger Protection Act, or a | ||||||
| 24 | similar provision of a local
ordinance, shall be collected and | ||||||
| 25 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
| 26 | of the Clerks of Courts Act.
| ||||||
| |||||||
| |||||||
| 1 | (j) In cases when prosecution for any violation of Section | ||||||
| 2 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
| 3 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
| 4 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
| 5 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
| 6 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
| 7 | Code of 2012, any violation of the Illinois Controlled | ||||||
| 8 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
| 9 | any violation of the Methamphetamine Control and Community | ||||||
| 10 | Protection Act results in conviction, a
disposition of court | ||||||
| 11 | supervision, or an order of probation granted under
Section 10 | ||||||
| 12 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
| 13 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
| 14 | Control and Community Protection Act of a defendant, the court | ||||||
| 15 | shall determine whether the
defendant is employed by a facility | ||||||
| 16 | or center as defined under the Child Care
Act of 1969, a public | ||||||
| 17 | or private elementary or secondary school, or otherwise
works | ||||||
| 18 | with children under 18 years of age on a daily basis. When a | ||||||
| 19 | defendant
is so employed, the court shall order the Clerk of | ||||||
| 20 | the Court to send a copy of
the judgment of conviction or order | ||||||
| 21 | of supervision or probation to the
defendant's employer by | ||||||
| 22 | certified mail.
If the employer of the defendant is a school, | ||||||
| 23 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
| 24 | the judgment of conviction or order of
supervision or probation | ||||||
| 25 | to the appropriate regional superintendent of schools.
The | ||||||
| 26 | regional superintendent of schools shall notify the State Board | ||||||
| |||||||
| |||||||
| 1 | of
Education of any notification under this subsection.
| ||||||
| 2 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
| 3 | of a felony and
who has not been previously convicted of a | ||||||
| 4 | misdemeanor or felony and who is
sentenced to a term of | ||||||
| 5 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
| 6 | a condition of his or her sentence be required by the court to | ||||||
| 7 | attend
educational courses designed to prepare the defendant | ||||||
| 8 | for a high school diploma
and to work toward a high school | ||||||
| 9 | diploma or to work toward passing high school equivalency | ||||||
| 10 | testing or to work toward
completing a vocational training | ||||||
| 11 | program offered by the Department of
Corrections. If a | ||||||
| 12 | defendant fails to complete the educational training
required | ||||||
| 13 | by his or her sentence during the term of incarceration, the | ||||||
| 14 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
| 15 | supervised release, require the
defendant, at his or her own | ||||||
| 16 | expense, to pursue a course of study toward a high
school | ||||||
| 17 | diploma or passage of high school equivalency testing. The | ||||||
| 18 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
| 19 | release of a defendant who wilfully fails to
comply with this | ||||||
| 20 | subsection (j-5) upon his or her release from confinement in a
| ||||||
| 21 | penal institution while serving a mandatory supervised release | ||||||
| 22 | term; however,
the inability of the defendant after making a | ||||||
| 23 | good faith effort to obtain
financial aid or pay for the | ||||||
| 24 | educational training shall not be deemed a wilful
failure to | ||||||
| 25 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
| 26 | whose mandatory supervised release term has been revoked under | ||||||
| |||||||
| |||||||
| 1 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
| 2 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
| 3 | school diploma or has successfully passed high school | ||||||
| 4 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
| 5 | defendant who is determined by
the court to be a person with a | ||||||
| 6 | developmental disability developmentally disabled or otherwise | ||||||
| 7 | mentally incapable of
completing the educational or vocational | ||||||
| 8 | program.
| ||||||
| 9 | (k) (Blank).
| ||||||
| 10 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
| 11 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
| 12 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
| 13 | misdemeanor offense, the court after sentencing the defendant
| ||||||
| 14 | may, upon motion of the State's Attorney, hold sentence in | ||||||
| 15 | abeyance and remand
the defendant to the custody of the | ||||||
| 16 | Attorney General of
the United States or his or her designated | ||||||
| 17 | agent to be deported when:
| ||||||
| 18 | (1) a final order of deportation has been issued | ||||||
| 19 | against the defendant
pursuant to proceedings under the | ||||||
| 20 | Immigration and Nationality Act, and
| ||||||
| 21 | (2) the deportation of the defendant would not | ||||||
| 22 | deprecate the seriousness
of the defendant's conduct and | ||||||
| 23 | would not be inconsistent with the ends of
justice.
| ||||||
| 24 | Otherwise, the defendant shall be sentenced as provided in | ||||||
| 25 | this Chapter V.
| ||||||
| 26 | (B) If the defendant has already been sentenced for a | ||||||
| |||||||
| |||||||
| 1 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
| 2 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
| 3 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
| 4 | Methamphetamine Control and Community Protection Act, the | ||||||
| 5 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
| 6 | sentence imposed, commit the defendant to the custody of the | ||||||
| 7 | Attorney General
of the United States or his or her designated | ||||||
| 8 | agent when:
| ||||||
| 9 | (1) a final order of deportation has been issued | ||||||
| 10 | against the defendant
pursuant to proceedings under the | ||||||
| 11 | Immigration and Nationality Act, and
| ||||||
| 12 | (2) the deportation of the defendant would not | ||||||
| 13 | deprecate the seriousness
of the defendant's conduct and | ||||||
| 14 | would not be inconsistent with the ends of
justice.
| ||||||
| 15 | (C) This subsection (l) does not apply to offenders who are | ||||||
| 16 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
| 17 | Section 3-6-3.
| ||||||
| 18 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
| 19 | sentenced under
this Section returns to the jurisdiction of the | ||||||
| 20 | United States, the defendant
shall be recommitted to the | ||||||
| 21 | custody of the county from which he or she was
sentenced.
| ||||||
| 22 | Thereafter, the defendant shall be brought before the | ||||||
| 23 | sentencing court, which
may impose any sentence that was | ||||||
| 24 | available under Section 5-5-3 at the time of
initial | ||||||
| 25 | sentencing. In addition, the defendant shall not be eligible | ||||||
| 26 | for
additional sentence credit for good conduct as provided | ||||||
| |||||||
| |||||||
| 1 | under
Section 3-6-3.
| ||||||
| 2 | (m) A person convicted of criminal defacement of property | ||||||
| 3 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012, in which the property damage exceeds | ||||||
| 5 | $300
and the property damaged is a school building, shall be | ||||||
| 6 | ordered to perform
community service that may include cleanup, | ||||||
| 7 | removal, or painting over the
defacement.
| ||||||
| 8 | (n) The court may sentence a person convicted of a | ||||||
| 9 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
| 10 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 11 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
| 12 | incarceration program if the person is otherwise eligible for | ||||||
| 13 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
| 14 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
| 15 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
| 16 | substance or alcohol abuse program licensed under that
Act. | ||||||
| 17 | (o) Whenever a person is convicted of a sex offense as | ||||||
| 18 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
| 19 | defendant's driver's license or permit shall be subject to | ||||||
| 20 | renewal on an annual basis in accordance with the provisions of | ||||||
| 21 | license renewal established by the Secretary of State.
| ||||||
| 22 | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | ||||||
| 23 | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
| 24 | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | ||||||
| 25 | eff. 7-16-14.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| ||||||
| 2 | Sec. 5-5-3.1. Factors in Mitigation.
| ||||||
| 3 | (a) The following
grounds shall be accorded weight in favor | ||||||
| 4 | of withholding or
minimizing a sentence of imprisonment:
| ||||||
| 5 | (1) The defendant's criminal conduct neither caused | ||||||
| 6 | nor
threatened serious physical harm to another.
| ||||||
| 7 | (2) The defendant did not contemplate that his criminal | ||||||
| 8 | conduct would
cause or threaten serious physical harm to | ||||||
| 9 | another.
| ||||||
| 10 | (3) The defendant acted under a strong provocation.
| ||||||
| 11 | (4) There were substantial grounds tending to excuse or | ||||||
| 12 | justify
the defendant's criminal conduct, though failing | ||||||
| 13 | to establish a
defense.
| ||||||
| 14 | (5) The defendant's criminal conduct was induced or | ||||||
| 15 | facilitated
by someone other than the defendant.
| ||||||
| 16 | (6) The defendant has compensated or will compensate | ||||||
| 17 | the victim
of his criminal conduct for the damage or injury | ||||||
| 18 | that he sustained.
| ||||||
| 19 | (7) The defendant has no history of prior delinquency | ||||||
| 20 | or
criminal activity or has led a law-abiding life for a | ||||||
| 21 | substantial
period of time before the commission of the | ||||||
| 22 | present crime.
| ||||||
| 23 | (8) The defendant's criminal conduct was the result of
| ||||||
| 24 | circumstances unlikely to recur.
| ||||||
| 25 | (9) The character and attitudes of the defendant | ||||||
| 26 | indicate that he is
unlikely to commit another crime.
| ||||||
| |||||||
| |||||||
| 1 | (10) The defendant is particularly likely to comply | ||||||
| 2 | with the terms of
a period of probation.
| ||||||
| 3 | (11) The imprisonment of the defendant would entail | ||||||
| 4 | excessive
hardship to his dependents.
| ||||||
| 5 | (12) The imprisonment of the defendant would endanger | ||||||
| 6 | his or her medical
condition.
| ||||||
| 7 | (13) The defendant was a person with an intellectual | ||||||
| 8 | disability intellectually disabled as defined in Section | ||||||
| 9 | 5-1-13 of
this Code.
| ||||||
| 10 | (14) The defendant sought or obtained emergency | ||||||
| 11 | medical assistance for an overdose and was convicted of a | ||||||
| 12 | Class 3 felony or higher possession, manufacture, or | ||||||
| 13 | delivery of a controlled, counterfeit, or look-alike | ||||||
| 14 | substance or a controlled substance analog under the | ||||||
| 15 | Illinois Controlled Substances Act or a Class 2 felony or | ||||||
| 16 | higher possession, manufacture or delivery of | ||||||
| 17 | methamphetamine under the Methamphetamine Control and | ||||||
| 18 | Community Protection Act. | ||||||
| 19 | (b) If the court, having due regard for the character of | ||||||
| 20 | the
offender, the nature and circumstances of the offense and | ||||||
| 21 | the
public interest finds that a sentence of imprisonment is | ||||||
| 22 | the
most appropriate disposition of the offender, or where | ||||||
| 23 | other
provisions of this Code mandate the imprisonment of the | ||||||
| 24 | offender,
the grounds listed in paragraph (a) of this | ||||||
| 25 | subsection shall be
considered as factors in mitigation of the | ||||||
| 26 | term imposed.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, | ||||||
| 2 | eff. 8-16-13.)
| ||||||
| 3 | (730 ILCS 5/5-5-3.2)
| ||||||
| 4 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
| 5 | Sentencing.
| ||||||
| 6 | (a) The following factors shall be accorded weight in favor | ||||||
| 7 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 8 | court as reasons
to impose a more severe sentence under Section | ||||||
| 9 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 10 | (1) the defendant's conduct caused or threatened | ||||||
| 11 | serious harm;
| ||||||
| 12 | (2) the defendant received compensation for committing | ||||||
| 13 | the offense;
| ||||||
| 14 | (3) the defendant has a history of prior delinquency or | ||||||
| 15 | criminal activity;
| ||||||
| 16 | (4) the defendant, by the duties of his office or by | ||||||
| 17 | his position,
was obliged to prevent the particular offense | ||||||
| 18 | committed or to bring
the offenders committing it to | ||||||
| 19 | justice;
| ||||||
| 20 | (5) the defendant held public office at the time of the | ||||||
| 21 | offense,
and the offense related to the conduct of that | ||||||
| 22 | office;
| ||||||
| 23 | (6) the defendant utilized his professional reputation | ||||||
| 24 | or
position in the community to commit the offense, or to | ||||||
| 25 | afford
him an easier means of committing it;
| ||||||
| |||||||
| |||||||
| 1 | (7) the sentence is necessary to deter others from | ||||||
| 2 | committing
the same crime;
| ||||||
| 3 | (8) the defendant committed the offense against a | ||||||
| 4 | person 60 years of age
or older or such person's property;
| ||||||
| 5 | (9) the defendant committed the offense against a | ||||||
| 6 | person who has a physical disability is
physically | ||||||
| 7 | handicapped or such person's property;
| ||||||
| 8 | (10) by reason of another individual's actual or | ||||||
| 9 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 10 | sexual orientation, physical or mental
disability, or | ||||||
| 11 | national origin, the defendant committed the offense | ||||||
| 12 | against (i)
the person or property
of that individual; (ii) | ||||||
| 13 | the person or property of a person who has an
association | ||||||
| 14 | with, is married to, or has a friendship with the other | ||||||
| 15 | individual;
or (iii) the person or property of a relative | ||||||
| 16 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 17 | or (ii). For the purposes of this Section,
"sexual | ||||||
| 18 | orientation" means heterosexuality, homosexuality, or | ||||||
| 19 | bisexuality;
| ||||||
| 20 | (11) the offense took place in a place of worship or on | ||||||
| 21 | the
grounds of a place of worship, immediately prior to, | ||||||
| 22 | during or immediately
following worship services. For | ||||||
| 23 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 24 | mean any church, synagogue or other building, structure or
| ||||||
| 25 | place used primarily for religious worship;
| ||||||
| 26 | (12) the defendant was convicted of a felony committed | ||||||
| |||||||
| |||||||
| 1 | while he was
released on bail or his own recognizance | ||||||
| 2 | pending trial for a prior felony
and was convicted of such | ||||||
| 3 | prior felony, or the defendant was convicted of a
felony | ||||||
| 4 | committed while he was serving a period of probation,
| ||||||
| 5 | conditional discharge, or mandatory supervised release | ||||||
| 6 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 7 | (13) the defendant committed or attempted to commit a | ||||||
| 8 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 9 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 10 | device which is designed for the purpose of
protecting the | ||||||
| 11 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 12 | (14) the defendant held a position of trust or | ||||||
| 13 | supervision such as, but
not limited to, family member as | ||||||
| 14 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 15 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 16 | relation to a victim under 18 years of age, and the | ||||||
| 17 | defendant committed an
offense in violation of Section | ||||||
| 18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 19 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 20 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 21 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 22 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 23 | of 2012
against
that victim;
| ||||||
| 24 | (15) the defendant committed an offense related to the | ||||||
| 25 | activities of an
organized gang. For the purposes of this | ||||||
| 26 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| |||||||
| |||||||
| 1 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 2 | Act;
| ||||||
| 3 | (16) the defendant committed an offense in violation of | ||||||
| 4 | one of the
following Sections while in a school, regardless | ||||||
| 5 | of the time of day or time of
year; on any conveyance | ||||||
| 6 | owned, leased, or contracted by a school to transport
| ||||||
| 7 | students to or from school or a school related activity; on | ||||||
| 8 | the real property
of a school; or on a public way within | ||||||
| 9 | 1,000 feet of the real property
comprising any school: | ||||||
| 10 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 11 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| 12 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 13 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 14 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 15 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| 16 | Criminal Code of 2012;
| ||||||
| 17 | (16.5) the defendant committed an offense in violation | ||||||
| 18 | of one of the
following Sections while in a day care | ||||||
| 19 | center, regardless of the time of day or
time of year; on | ||||||
| 20 | the real property of a day care center, regardless of the | ||||||
| 21 | time
of day or time of year; or on a public
way within | ||||||
| 22 | 1,000 feet of the real property comprising any day care | ||||||
| 23 | center,
regardless of the time of day or time of year:
| ||||||
| 24 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 25 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 26 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| |||||||
| |||||||
| 1 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 2 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 3 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012;
| ||||||
| 5 | (17) the defendant committed the offense by reason of | ||||||
| 6 | any person's
activity as a community policing volunteer or | ||||||
| 7 | to prevent any person from
engaging in activity as a | ||||||
| 8 | community policing volunteer. For the purpose of
this | ||||||
| 9 | Section, "community policing volunteer" has the meaning | ||||||
| 10 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 11 | 2012;
| ||||||
| 12 | (18) the defendant committed the offense in a nursing | ||||||
| 13 | home or on the
real
property comprising a nursing home. For | ||||||
| 14 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 15 | skilled nursing
or intermediate long term care facility | ||||||
| 16 | that is subject to license by the
Illinois Department of | ||||||
| 17 | Public Health under the Nursing Home Care
Act, the | ||||||
| 18 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 19 | the ID/DD Community Care Act;
| ||||||
| 20 | (19) the defendant was a federally licensed firearm | ||||||
| 21 | dealer
and
was
previously convicted of a violation of | ||||||
| 22 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 23 | Identification Card Act and has now committed either a | ||||||
| 24 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 25 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 26 | (20) the defendant (i) committed the offense of | ||||||
| |||||||
| |||||||
| 1 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| 2 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 3 | under the influence of alcohol, other drug or
drugs, | ||||||
| 4 | intoxicating compound or compounds or any combination | ||||||
| 5 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 6 | or a similar provision of a local ordinance and (ii) was | ||||||
| 7 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 8 | over the posted speed limit as provided in Article VI of | ||||||
| 9 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 10 | (21) the defendant (i) committed the offense of | ||||||
| 11 | reckless driving or aggravated reckless driving under | ||||||
| 12 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 13 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 14 | over the posted speed limit as provided in Article VI of | ||||||
| 15 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 16 | (22) the defendant committed the offense against a | ||||||
| 17 | person that the defendant knew, or reasonably should have | ||||||
| 18 | known, was a member of the Armed Forces of the United | ||||||
| 19 | States serving on active duty. For purposes of this clause | ||||||
| 20 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 21 | of the United States, including a member of any reserve | ||||||
| 22 | component thereof or National Guard unit called to active | ||||||
| 23 | duty;
| ||||||
| 24 | (23)
the defendant committed the offense against a | ||||||
| 25 | person who was elderly, disabled, or infirm or who was a | ||||||
| 26 | person with a disability by taking advantage of a family | ||||||
| |||||||
| |||||||
| 1 | or fiduciary relationship with the elderly, disabled, or | ||||||
| 2 | infirm person or person with a disability;
| ||||||
| 3 | (24)
the defendant committed any offense under Section | ||||||
| 4 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 5 | of 2012 and possessed 100 or more images;
| ||||||
| 6 | (25) the defendant committed the offense while the | ||||||
| 7 | defendant or the victim was in a train, bus, or other | ||||||
| 8 | vehicle used for public transportation; | ||||||
| 9 | (26) the defendant committed the offense of child | ||||||
| 10 | pornography or aggravated child pornography, specifically | ||||||
| 11 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 12 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 13 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 14 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 15 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 16 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 17 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 18 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 19 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 20 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 21 | of sexual penetration or bound, fettered, or subject to | ||||||
| 22 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 23 | sexual context; | ||||||
| 24 | (27) the defendant committed the offense of first | ||||||
| 25 | degree murder, assault, aggravated assault, battery, | ||||||
| 26 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| |||||||
| |||||||
| 1 | robbery against a person who was a veteran and the | ||||||
| 2 | defendant knew, or reasonably should have known, that the | ||||||
| 3 | person was a veteran performing duties as a representative | ||||||
| 4 | of a veterans' organization. For the purposes of this | ||||||
| 5 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 6 | has served as a member of the United States Armed Forces, a | ||||||
| 7 | member of the Illinois National Guard, or a member of the | ||||||
| 8 | United States Reserve Forces; and "veterans' organization" | ||||||
| 9 | means an organization comprised of members of
which | ||||||
| 10 | substantially all are individuals who are veterans or | ||||||
| 11 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 12 | purpose of which is to
promote the welfare of its members | ||||||
| 13 | and to provide assistance to the general
public in such a | ||||||
| 14 | way as to confer a public benefit; or | ||||||
| 15 | (28) the defendant committed the offense of assault, | ||||||
| 16 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 17 | armed robbery, or aggravated robbery against a person that | ||||||
| 18 | the defendant knew or reasonably should have known was a | ||||||
| 19 | letter carrier or postal worker while that person was | ||||||
| 20 | performing his or her duties delivering mail for the United | ||||||
| 21 | States Postal Service. | ||||||
| 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 certified | ||||||
| 26 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| |||||||
| |||||||
| 1 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| 2 | stating that the
property is a day care center.
| ||||||
| 3 | "Public transportation" means the transportation
or | ||||||
| 4 | conveyance of persons by means available to the general public, | ||||||
| 5 | and includes paratransit services. | ||||||
| 6 | (b) The following factors, related to all felonies, may be | ||||||
| 7 | considered by the court as
reasons to impose an extended term | ||||||
| 8 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 9 | (1) When a defendant is convicted of any felony, after | ||||||
| 10 | having
been previously convicted in Illinois or any other | ||||||
| 11 | jurisdiction of the
same or similar class felony or greater | ||||||
| 12 | class felony, when such conviction
has occurred within 10 | ||||||
| 13 | years after the
previous conviction, excluding time spent | ||||||
| 14 | in custody, and such charges are
separately brought and | ||||||
| 15 | tried and arise out of different series of acts; or
| ||||||
| 16 | (2) When a defendant is convicted of any felony and the | ||||||
| 17 | court
finds that the offense was accompanied by | ||||||
| 18 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 19 | wanton cruelty; or
| ||||||
| 20 | (3) When a defendant is convicted of any felony | ||||||
| 21 | committed against:
| ||||||
| 22 | (i) a person under 12 years of age at the time of | ||||||
| 23 | the offense or such
person's property;
| ||||||
| 24 | (ii) a person 60 years of age or older at the time | ||||||
| 25 | of the offense or
such person's property; or
| ||||||
| 26 | (iii) a person who had a physical disability | ||||||
| |||||||
| |||||||
| 1 | physically handicapped at the time of the offense or
| ||||||
| 2 | such person's property; or
| ||||||
| 3 | (4) When a defendant is convicted of any felony and the | ||||||
| 4 | offense
involved any of the following types of specific | ||||||
| 5 | misconduct committed as
part of a ceremony, rite, | ||||||
| 6 | initiation, observance, performance, practice or
activity | ||||||
| 7 | of any actual or ostensible religious, fraternal, or social | ||||||
| 8 | group:
| ||||||
| 9 | (i) the brutalizing or torturing of humans or | ||||||
| 10 | animals;
| ||||||
| 11 | (ii) the theft of human corpses;
| ||||||
| 12 | (iii) the kidnapping of humans;
| ||||||
| 13 | (iv) the desecration of any cemetery, religious, | ||||||
| 14 | fraternal, business,
governmental, educational, or | ||||||
| 15 | other building or property; or
| ||||||
| 16 | (v) ritualized abuse of a child; or
| ||||||
| 17 | (5) When a defendant is convicted of a felony other | ||||||
| 18 | than conspiracy and
the court finds that
the felony was | ||||||
| 19 | committed under an agreement with 2 or more other persons
| ||||||
| 20 | to commit that offense and the defendant, with respect to | ||||||
| 21 | the other
individuals, occupied a position of organizer, | ||||||
| 22 | supervisor, financier, or any
other position of management | ||||||
| 23 | or leadership, and the court further finds that
the felony | ||||||
| 24 | committed was related to or in furtherance of the criminal
| ||||||
| 25 | activities of an organized gang or was motivated by the | ||||||
| 26 | defendant's leadership
in an organized gang; or
| ||||||
| |||||||
| |||||||
| 1 | (6) When a defendant is convicted of an offense | ||||||
| 2 | committed while using a firearm with a
laser sight attached | ||||||
| 3 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 4 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 5 | Code of
2012; or
| ||||||
| 6 | (7) When a defendant who was at least 17 years of age | ||||||
| 7 | at the
time of
the commission of the offense is convicted | ||||||
| 8 | of a felony and has been previously
adjudicated a | ||||||
| 9 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 10 | an act
that if committed by an adult would be a Class X or | ||||||
| 11 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 12 | years after the previous adjudication,
excluding time | ||||||
| 13 | spent in custody; or
| ||||||
| 14 | (8) When a defendant commits any felony and the | ||||||
| 15 | defendant used, possessed, exercised control over, or | ||||||
| 16 | otherwise directed an animal to assault a law enforcement | ||||||
| 17 | officer engaged in the execution of his or her official | ||||||
| 18 | duties or in furtherance of the criminal activities of an | ||||||
| 19 | organized gang in which the defendant is engaged; or
| ||||||
| 20 | (9) When a defendant commits any felony and the | ||||||
| 21 | defendant knowingly video or audio records the offense with | ||||||
| 22 | the intent to disseminate the recording. | ||||||
| 23 | (c) The following factors may be considered by the court as | ||||||
| 24 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 25 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 26 | (1) When a defendant is convicted of first degree | ||||||
| |||||||
| |||||||
| 1 | murder, after having been previously convicted in Illinois | ||||||
| 2 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 3 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 4 | within 10 years after the previous conviction, excluding | ||||||
| 5 | time spent in custody, and the charges are separately | ||||||
| 6 | brought and tried and arise out of different series of | ||||||
| 7 | acts. | ||||||
| 8 | (1.5) When a defendant is convicted of first degree | ||||||
| 9 | murder, after having been previously convicted of domestic | ||||||
| 10 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 11 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 12 | having been previously convicted of violation of an order | ||||||
| 13 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 14 | was the protected person. | ||||||
| 15 | (2) When a defendant is convicted of voluntary | ||||||
| 16 | manslaughter, second degree murder, involuntary | ||||||
| 17 | manslaughter, or reckless homicide in which the defendant | ||||||
| 18 | has been convicted of causing the death of more than one | ||||||
| 19 | individual. | ||||||
| 20 | (3) When a defendant is convicted of aggravated | ||||||
| 21 | criminal sexual assault or criminal sexual assault, when | ||||||
| 22 | there is a finding that aggravated criminal sexual assault | ||||||
| 23 | or criminal sexual assault was also committed on the same | ||||||
| 24 | victim by one or more other individuals, and the defendant | ||||||
| 25 | voluntarily participated in the crime with the knowledge of | ||||||
| 26 | the participation of the others in the crime, and the | ||||||
| |||||||
| |||||||
| 1 | commission of the crime was part of a single course of | ||||||
| 2 | conduct during which there was no substantial change in the | ||||||
| 3 | nature of the criminal objective. | ||||||
| 4 | (4) If the victim was under 18 years of age at the time | ||||||
| 5 | of the commission of the offense, when a defendant is | ||||||
| 6 | convicted of aggravated criminal sexual assault or | ||||||
| 7 | predatory criminal sexual assault of a child under | ||||||
| 8 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 9 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 11 | (5) When a defendant is convicted of a felony violation | ||||||
| 12 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 13 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 14 | finding that the defendant is a member of an organized | ||||||
| 15 | gang. | ||||||
| 16 | (6) When a defendant was convicted of unlawful use of | ||||||
| 17 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 18 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 19 | a weapon that is not readily distinguishable as one of the | ||||||
| 20 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 22 | (7) When a defendant is convicted of an offense | ||||||
| 23 | involving the illegal manufacture of a controlled | ||||||
| 24 | substance under Section 401 of the Illinois Controlled | ||||||
| 25 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 26 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| |||||||
| |||||||
| 1 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 2 | the illegal possession of explosives and an emergency | ||||||
| 3 | response officer in the performance of his or her duties is | ||||||
| 4 | killed or injured at the scene of the offense while | ||||||
| 5 | responding to the emergency caused by the commission of the | ||||||
| 6 | offense. In this paragraph, "emergency" means a situation | ||||||
| 7 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 8 | and "emergency response officer" means a peace officer, | ||||||
| 9 | community policing volunteer, fireman, emergency medical | ||||||
| 10 | technician-ambulance, emergency medical | ||||||
| 11 | technician-intermediate, emergency medical | ||||||
| 12 | technician-paramedic, ambulance driver, other medical | ||||||
| 13 | assistance or first aid personnel, or hospital emergency | ||||||
| 14 | room personnel.
| ||||||
| 15 | (8) When the defendant is convicted of attempted mob | ||||||
| 16 | action, solicitation to commit mob action, or conspiracy to | ||||||
| 17 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 18 | Criminal Code of 2012, where the criminal object is a | ||||||
| 19 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
| 20 | an electronic communication is used in the commission of | ||||||
| 21 | the offense. For the purposes of this paragraph (8), | ||||||
| 22 | "electronic communication" shall have the meaning provided | ||||||
| 23 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 24 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 25 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 26 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| |||||||
| |||||||
| 1 | (e) The court may impose an extended term sentence under | ||||||
| 2 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 3 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 4 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 5 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 6 | when the victim of the offense is under 18 years of age at the | ||||||
| 7 | time of the commission of the offense and, during the | ||||||
| 8 | commission of the offense, the victim was under the influence | ||||||
| 9 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 10 | supplied by the offender; and the offender, at the time of the | ||||||
| 11 | commission of the offense, knew or should have known that the | ||||||
| 12 | victim had consumed alcohol. | ||||||
| 13 | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | ||||||
| 14 | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
| 15 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | ||||||
| 16 | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. | ||||||
| 17 | 7-16-14.)
| ||||||
| 18 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
| 19 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
| 20 | Discharge.
| ||||||
| 21 | (a) The conditions of probation and of conditional | ||||||
| 22 | discharge shall be
that the person:
| ||||||
| 23 | (1) not violate any criminal statute of any | ||||||
| 24 | jurisdiction;
| ||||||
| 25 | (2) report to or appear in person before such person or | ||||||
| |||||||
| |||||||
| 1 | agency as
directed by the court;
| ||||||
| 2 | (3) refrain from possessing a firearm or other | ||||||
| 3 | dangerous weapon where the offense is a felony or, if a | ||||||
| 4 | misdemeanor, the offense involved the intentional or | ||||||
| 5 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
| 6 | (4) not leave the State without the consent of the | ||||||
| 7 | court or, in
circumstances in which the reason for the | ||||||
| 8 | absence is of such an emergency
nature that prior consent | ||||||
| 9 | by the court is not possible, without the prior
| ||||||
| 10 | notification and approval of the person's probation
| ||||||
| 11 | officer. Transfer of a person's probation or conditional | ||||||
| 12 | discharge
supervision to another state is subject to | ||||||
| 13 | acceptance by the other state
pursuant to the Interstate | ||||||
| 14 | Compact for Adult Offender Supervision;
| ||||||
| 15 | (5) permit the probation officer to visit
him at his | ||||||
| 16 | home or elsewhere
to the extent necessary to discharge his | ||||||
| 17 | duties;
| ||||||
| 18 | (6) perform no less than 30 hours of community service | ||||||
| 19 | and not more than
120 hours of community service, if | ||||||
| 20 | community service is available in the
jurisdiction and is | ||||||
| 21 | funded and approved by the county board where the offense
| ||||||
| 22 | was committed, where the offense was related to or in | ||||||
| 23 | furtherance of the
criminal activities of an organized gang | ||||||
| 24 | and was motivated by the offender's
membership in or | ||||||
| 25 | allegiance to an organized gang. The community service | ||||||
| 26 | shall
include, but not be limited to, the cleanup and | ||||||
| |||||||
| |||||||
| 1 | repair of any damage caused by
a violation of Section | ||||||
| 2 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 3 | 2012 and similar damage
to property located within the | ||||||
| 4 | municipality or county in which the violation
occurred. | ||||||
| 5 | When possible and reasonable, the community service should | ||||||
| 6 | be
performed in the offender's neighborhood. For purposes | ||||||
| 7 | of this Section,
"organized gang" has the meaning ascribed | ||||||
| 8 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
| 9 | Omnibus Prevention Act;
| ||||||
| 10 | (7) if he or she is at least 17 years of age and has | ||||||
| 11 | been sentenced to
probation or conditional discharge for a | ||||||
| 12 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
| 13 | inhabitants and has not been previously convicted of a
| ||||||
| 14 | misdemeanor or felony, may be required by the sentencing | ||||||
| 15 | court to attend
educational courses designed to prepare the | ||||||
| 16 | defendant for a high school diploma
and to work toward a | ||||||
| 17 | high school diploma or to work toward passing high school | ||||||
| 18 | equivalency testing or to work toward
completing a | ||||||
| 19 | vocational training program approved by the court. The | ||||||
| 20 | person on
probation or conditional discharge must attend a | ||||||
| 21 | public institution of
education to obtain the educational | ||||||
| 22 | or vocational training required by this
clause (7). The | ||||||
| 23 | court shall revoke the probation or conditional discharge | ||||||
| 24 | of a
person who wilfully fails to comply with this clause | ||||||
| 25 | (7). The person on
probation or conditional discharge shall | ||||||
| 26 | be required to pay for the cost of the
educational courses | ||||||
| |||||||
| |||||||
| 1 | or high school equivalency testing if a fee is charged for | ||||||
| 2 | those courses or testing. The court shall resentence the | ||||||
| 3 | offender whose probation or conditional
discharge has been | ||||||
| 4 | revoked as provided in Section 5-6-4. This clause (7) does
| ||||||
| 5 | not apply to a person who has a high school diploma or has | ||||||
| 6 | successfully passed high school equivalency testing. This | ||||||
| 7 | clause (7) does not apply to a person who is determined by
| ||||||
| 8 | the court to be a person with a developmental disability | ||||||
| 9 | developmentally disabled or otherwise mentally incapable | ||||||
| 10 | of
completing the educational or vocational program;
| ||||||
| 11 | (8) if convicted of possession of a substance | ||||||
| 12 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
| 13 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 14 | and Community Protection Act
after a previous conviction or | ||||||
| 15 | disposition of supervision for possession of a
substance | ||||||
| 16 | prohibited by the Cannabis Control Act or Illinois | ||||||
| 17 | Controlled
Substances Act or after a sentence of probation | ||||||
| 18 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
| 19 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
| 20 | the Methamphetamine Control and Community Protection Act | ||||||
| 21 | and upon a
finding by the court that the person is | ||||||
| 22 | addicted, undergo treatment at a
substance abuse program | ||||||
| 23 | approved by the court;
| ||||||
| 24 | (8.5) if convicted of a felony sex offense as defined | ||||||
| 25 | in the Sex
Offender
Management Board Act, the person shall | ||||||
| 26 | undergo and successfully complete sex
offender treatment | ||||||
| |||||||
| |||||||
| 1 | by a treatment provider approved by the Board and conducted
| ||||||
| 2 | in conformance with the standards developed under the Sex
| ||||||
| 3 | Offender Management Board Act;
| ||||||
| 4 | (8.6) if convicted of a sex offense as defined in the | ||||||
| 5 | Sex Offender Management Board Act, refrain from residing at | ||||||
| 6 | the same address or in the same condominium unit or | ||||||
| 7 | apartment unit or in the same condominium complex or | ||||||
| 8 | apartment complex with another person he or she knows or | ||||||
| 9 | reasonably should know is a convicted sex offender or has | ||||||
| 10 | been placed on supervision for a sex offense; the | ||||||
| 11 | provisions of this paragraph do not apply to a person | ||||||
| 12 | convicted of a sex offense who is placed in a Department of | ||||||
| 13 | Corrections licensed transitional housing facility for sex | ||||||
| 14 | offenders; | ||||||
| 15 | (8.7) if convicted for an offense committed on or after | ||||||
| 16 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 17 | would qualify the accused as a child sex offender as | ||||||
| 18 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 19 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 20 | communicating with or contacting, by means of the Internet, | ||||||
| 21 | a person who is not related to the accused and whom the | ||||||
| 22 | accused reasonably believes to be under 18 years of age; | ||||||
| 23 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
| 24 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
| 25 | Code of 2012; and a person is not related to the accused if | ||||||
| 26 | the person is not: (i) the spouse, brother, or sister of | ||||||
| |||||||
| |||||||
| 1 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
| 2 | first or second cousin of the accused; or (iv) a step-child | ||||||
| 3 | or adopted child of the accused; | ||||||
| 4 | (8.8) if convicted for an offense under Section 11-6, | ||||||
| 5 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
| 6 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
| 7 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 8 | or any attempt to commit any of these offenses, committed | ||||||
| 9 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 10 | 95-983): | ||||||
| 11 | (i) not access or use a computer or any other | ||||||
| 12 | device with Internet capability without the prior | ||||||
| 13 | written approval of the offender's probation officer, | ||||||
| 14 | except in connection with the offender's employment or | ||||||
| 15 | search for employment with the prior approval of the | ||||||
| 16 | offender's probation officer; | ||||||
| 17 | (ii) submit to periodic unannounced examinations | ||||||
| 18 | of the offender's computer or any other device with | ||||||
| 19 | Internet capability by the offender's probation | ||||||
| 20 | officer, a law enforcement officer, or assigned | ||||||
| 21 | computer or information technology specialist, | ||||||
| 22 | including the retrieval and copying of all data from | ||||||
| 23 | the computer or device and any internal or external | ||||||
| 24 | peripherals and removal of such information, | ||||||
| 25 | equipment, or device to conduct a more thorough | ||||||
| 26 | inspection; | ||||||
| |||||||
| |||||||
| 1 | (iii) submit to the installation on the offender's | ||||||
| 2 | computer or device with Internet capability, at the | ||||||
| 3 | offender's expense, of one or more hardware or software | ||||||
| 4 | systems to monitor the Internet use; and | ||||||
| 5 | (iv) submit to any other appropriate restrictions | ||||||
| 6 | concerning the offender's use of or access to a | ||||||
| 7 | computer or any other device with Internet capability | ||||||
| 8 | imposed by the offender's probation officer; | ||||||
| 9 | (8.9) if convicted of a sex offense as defined in the | ||||||
| 10 | Sex Offender
Registration Act committed on or after January | ||||||
| 11 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
| 12 | from accessing or using a social networking website as | ||||||
| 13 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
| 14 | (9) if convicted of a felony or of any misdemeanor | ||||||
| 15 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
| 16 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 17 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
| 18 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
| 19 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
| 20 | at a time and place
designated by the court, his or her | ||||||
| 21 | Firearm
Owner's Identification Card and
any and all | ||||||
| 22 | firearms in
his or her possession. The Court shall return | ||||||
| 23 | to the Department of State Police Firearm Owner's | ||||||
| 24 | Identification Card Office the person's Firearm Owner's | ||||||
| 25 | Identification Card;
| ||||||
| 26 | (10) if convicted of a sex offense as defined in | ||||||
| |||||||
| |||||||
| 1 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
| 2 | offender is a parent or guardian of the person under 18 | ||||||
| 3 | years of age present in the home and no non-familial minors | ||||||
| 4 | are present, not participate in a holiday event involving | ||||||
| 5 | children under 18 years of age, such as distributing candy | ||||||
| 6 | or other items to children on Halloween, wearing a Santa | ||||||
| 7 | Claus costume on or preceding Christmas, being employed as | ||||||
| 8 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
| 9 | costume on or preceding Easter; | ||||||
| 10 | (11) if convicted of a sex offense as defined in | ||||||
| 11 | Section 2 of the Sex Offender Registration Act committed on | ||||||
| 12 | or after January 1, 2010 (the effective date of Public Act | ||||||
| 13 | 96-362) that requires the person to register as a sex | ||||||
| 14 | offender under that Act, may not knowingly use any computer | ||||||
| 15 | scrub software on any computer that the sex offender uses; | ||||||
| 16 | and | ||||||
| 17 | (12) if convicted of a violation of the Methamphetamine | ||||||
| 18 | Control and Community Protection Act, the Methamphetamine
| ||||||
| 19 | Precursor Control Act, or a methamphetamine related | ||||||
| 20 | offense: | ||||||
| 21 | (A) prohibited from purchasing, possessing, or | ||||||
| 22 | having under his or her control any product containing | ||||||
| 23 | pseudoephedrine unless prescribed by a physician; and | ||||||
| 24 | (B) prohibited from purchasing, possessing, or | ||||||
| 25 | having under his or her control any product containing | ||||||
| 26 | ammonium nitrate. | ||||||
| |||||||
| |||||||
| 1 | (b) The Court may in addition to other reasonable | ||||||
| 2 | conditions relating to the
nature of the offense or the | ||||||
| 3 | rehabilitation of the defendant as determined for
each | ||||||
| 4 | defendant in the proper discretion of the Court require that | ||||||
| 5 | the person:
| ||||||
| 6 | (1) serve a term of periodic imprisonment under Article | ||||||
| 7 | 7 for a
period not to exceed that specified in paragraph | ||||||
| 8 | (d) of Section 5-7-1;
| ||||||
| 9 | (2) pay a fine and costs;
| ||||||
| 10 | (3) work or pursue a course of study or vocational | ||||||
| 11 | training;
| ||||||
| 12 | (4) undergo medical, psychological or psychiatric | ||||||
| 13 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
| 14 | (5) attend or reside in a facility established for the | ||||||
| 15 | instruction
or residence of defendants on probation;
| ||||||
| 16 | (6) support his dependents;
| ||||||
| 17 | (7) and in addition, if a minor:
| ||||||
| 18 | (i) reside with his parents or in a foster home;
| ||||||
| 19 | (ii) attend school;
| ||||||
| 20 | (iii) attend a non-residential program for youth;
| ||||||
| 21 | (iv) contribute to his own support at home or in a | ||||||
| 22 | foster home;
| ||||||
| 23 | (v) with the consent of the superintendent of the
| ||||||
| 24 | facility, attend an educational program at a facility | ||||||
| 25 | other than the school
in which the
offense was | ||||||
| 26 | committed if he
or she is convicted of a crime of | ||||||
| |||||||
| |||||||
| 1 | violence as
defined in
Section 2 of the Crime Victims | ||||||
| 2 | Compensation Act committed in a school, on the
real
| ||||||
| 3 | property
comprising a school, or within 1,000 feet of | ||||||
| 4 | the real property comprising a
school;
| ||||||
| 5 | (8) make restitution as provided in Section 5-5-6 of | ||||||
| 6 | this Code;
| ||||||
| 7 | (9) perform some reasonable public or community | ||||||
| 8 | service;
| ||||||
| 9 | (10) serve a term of home confinement. In addition to | ||||||
| 10 | any other
applicable condition of probation or conditional | ||||||
| 11 | discharge, the
conditions of home confinement shall be that | ||||||
| 12 | the offender:
| ||||||
| 13 | (i) remain within the interior premises of the | ||||||
| 14 | place designated for
his confinement during the hours | ||||||
| 15 | designated by the court;
| ||||||
| 16 | (ii) admit any person or agent designated by the | ||||||
| 17 | court into the
offender's place of confinement at any | ||||||
| 18 | time for purposes of verifying
the offender's | ||||||
| 19 | compliance with the conditions of his confinement; and
| ||||||
| 20 | (iii) if further deemed necessary by the court or | ||||||
| 21 | the
Probation or
Court Services Department, be placed | ||||||
| 22 | on an approved
electronic monitoring device, subject | ||||||
| 23 | to Article 8A of Chapter V;
| ||||||
| 24 | (iv) for persons convicted of any alcohol, | ||||||
| 25 | cannabis or controlled
substance violation who are | ||||||
| 26 | placed on an approved monitoring device as a
condition | ||||||
| |||||||
| |||||||
| 1 | of probation or conditional discharge, the court shall | ||||||
| 2 | impose a
reasonable fee for each day of the use of the | ||||||
| 3 | device, as established by the
county board in | ||||||
| 4 | subsection (g) of this Section, unless after | ||||||
| 5 | determining the
inability of the offender to pay the | ||||||
| 6 | fee, the court assesses a lesser fee or no
fee as the | ||||||
| 7 | case may be. This fee shall be imposed in addition to | ||||||
| 8 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 9 | Section. The fee shall be
collected by the clerk of the | ||||||
| 10 | circuit court. The clerk of the circuit
court shall pay | ||||||
| 11 | all monies collected from this fee to the county | ||||||
| 12 | treasurer
for deposit in the substance abuse services | ||||||
| 13 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
| 14 | (v) for persons convicted of offenses other than | ||||||
| 15 | those referenced in
clause (iv) above and who are | ||||||
| 16 | placed on an approved monitoring device as a
condition | ||||||
| 17 | of probation or conditional discharge, the court shall | ||||||
| 18 | impose
a reasonable fee for each day of the use of the | ||||||
| 19 | device, as established by the
county board in | ||||||
| 20 | subsection (g) of this Section, unless after | ||||||
| 21 | determining the
inability of the defendant to pay the | ||||||
| 22 | fee, the court assesses a lesser fee or
no fee as the | ||||||
| 23 | case may be. This fee shall be imposed in addition to | ||||||
| 24 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 25 | Section. The fee
shall be collected by the clerk of the | ||||||
| 26 | circuit court. The clerk of the circuit
court shall pay | ||||||
| |||||||
| |||||||
| 1 | all monies collected from this fee
to the county | ||||||
| 2 | treasurer who shall use the monies collected to defray | ||||||
| 3 | the
costs of corrections. The county treasurer shall | ||||||
| 4 | deposit the fee
collected in the probation and court | ||||||
| 5 | services fund.
| ||||||
| 6 | (11) comply with the terms and conditions of an order | ||||||
| 7 | of protection issued
by the court pursuant to the Illinois | ||||||
| 8 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
| 9 | or an order of protection issued by the court of
another | ||||||
| 10 | state, tribe, or United States territory. A copy of the | ||||||
| 11 | order of
protection shall be
transmitted to the probation | ||||||
| 12 | officer or agency
having responsibility for the case;
| ||||||
| 13 | (12) reimburse any "local anti-crime program" as | ||||||
| 14 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
| 15 | for any reasonable expenses incurred
by the program on the | ||||||
| 16 | offender's case, not to exceed the maximum amount of
the | ||||||
| 17 | fine authorized for the offense for which the defendant was | ||||||
| 18 | sentenced;
| ||||||
| 19 | (13) contribute a reasonable sum of money, not to | ||||||
| 20 | exceed the maximum
amount of the fine authorized for the
| ||||||
| 21 | offense for which the defendant was sentenced, (i) to a | ||||||
| 22 | "local anti-crime
program", as defined in Section 7 of the | ||||||
| 23 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 24 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 25 | the fund established by the Department of Natural Resources | ||||||
| 26 | for the purchase of evidence for investigation purposes and | ||||||
| |||||||
| |||||||
| 1 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 2 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 3 | (14) refrain from entering into a designated | ||||||
| 4 | geographic area except upon
such terms as the court finds | ||||||
| 5 | appropriate. Such terms may include
consideration of the | ||||||
| 6 | purpose of the entry, the time of day, other persons
| ||||||
| 7 | accompanying the defendant, and advance approval by a
| ||||||
| 8 | probation officer, if
the defendant has been placed on | ||||||
| 9 | probation or advance approval by the
court, if the | ||||||
| 10 | defendant was placed on conditional discharge;
| ||||||
| 11 | (15) refrain from having any contact, directly or | ||||||
| 12 | indirectly, with
certain specified persons or particular | ||||||
| 13 | types of persons, including but not
limited to members of | ||||||
| 14 | street gangs and drug users or dealers;
| ||||||
| 15 | (16) refrain from having in his or her body the | ||||||
| 16 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 17 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 18 | Methamphetamine Control and Community Protection Act, | ||||||
| 19 | unless prescribed by a physician, and submit samples of
his | ||||||
| 20 | or her blood or urine or both for tests to determine the | ||||||
| 21 | presence of any
illicit drug;
| ||||||
| 22 | (17) if convicted for an offense committed on or after | ||||||
| 23 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 24 | would qualify the accused as a child sex offender as | ||||||
| 25 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 26 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| |||||||
| |||||||
| 1 | communicating with or contacting, by means of the Internet, | ||||||
| 2 | a person who is related to the accused and whom the accused | ||||||
| 3 | reasonably believes to be under 18 years of age; for | ||||||
| 4 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
| 5 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
| 6 | 2012; and a person is related to the accused if the person | ||||||
| 7 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
| 8 | a descendant of the accused; (iii) a first or second cousin | ||||||
| 9 | of the accused; or (iv) a step-child or adopted child of | ||||||
| 10 | the accused; | ||||||
| 11 | (18) if convicted for an offense committed on or after | ||||||
| 12 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
| 13 | would qualify as a sex offense as defined in the Sex | ||||||
| 14 | Offender Registration Act: | ||||||
| 15 | (i) not access or use a computer or any other | ||||||
| 16 | device with Internet capability without the prior | ||||||
| 17 | written approval of the offender's probation officer, | ||||||
| 18 | except in connection with the offender's employment or | ||||||
| 19 | search for employment with the prior approval of the | ||||||
| 20 | offender's probation officer; | ||||||
| 21 | (ii) submit to periodic unannounced examinations | ||||||
| 22 | of the offender's computer or any other device with | ||||||
| 23 | Internet capability by the offender's probation | ||||||
| 24 | officer, a law enforcement officer, or assigned | ||||||
| 25 | computer or information technology specialist, | ||||||
| 26 | including the retrieval and copying of all data from | ||||||
| |||||||
| |||||||
| 1 | the computer or device and any internal or external | ||||||
| 2 | peripherals and removal of such information, | ||||||
| 3 | equipment, or device to conduct a more thorough | ||||||
| 4 | inspection; | ||||||
| 5 | (iii) submit to the installation on the offender's | ||||||
| 6 | computer or device with Internet capability, at the | ||||||
| 7 | subject's expense, of one or more hardware or software | ||||||
| 8 | systems to monitor the Internet use; and | ||||||
| 9 | (iv) submit to any other appropriate restrictions | ||||||
| 10 | concerning the offender's use of or access to a | ||||||
| 11 | computer or any other device with Internet capability | ||||||
| 12 | imposed by the offender's probation officer; and | ||||||
| 13 | (19) refrain from possessing a firearm or other | ||||||
| 14 | dangerous weapon where the offense is a misdemeanor that | ||||||
| 15 | did not involve the intentional or knowing infliction of | ||||||
| 16 | bodily harm or threat of bodily harm. | ||||||
| 17 | (c) The court may as a condition of probation or of | ||||||
| 18 | conditional
discharge require that a person under 18 years of | ||||||
| 19 | age found guilty of any
alcohol, cannabis or controlled | ||||||
| 20 | substance violation, refrain from acquiring
a driver's license | ||||||
| 21 | during
the period of probation or conditional discharge. If | ||||||
| 22 | such person
is in possession of a permit or license, the court | ||||||
| 23 | may require that
the minor refrain from driving or operating | ||||||
| 24 | any motor vehicle during the
period of probation or conditional | ||||||
| 25 | discharge, except as may be necessary in
the course of the | ||||||
| 26 | minor's lawful employment.
| ||||||
| |||||||
| |||||||
| 1 | (d) An offender sentenced to probation or to conditional | ||||||
| 2 | discharge
shall be given a certificate setting forth the | ||||||
| 3 | conditions thereof.
| ||||||
| 4 | (e) Except where the offender has committed a fourth or | ||||||
| 5 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
| 6 | Illinois Vehicle Code,
the court shall not require as a | ||||||
| 7 | condition of the sentence of
probation or conditional discharge | ||||||
| 8 | that the offender be committed to a
period of imprisonment in | ||||||
| 9 | excess of 6 months.
This 6 month limit shall not include | ||||||
| 10 | periods of confinement given pursuant to
a sentence of county | ||||||
| 11 | impact incarceration under Section 5-8-1.2.
| ||||||
| 12 | Persons committed to imprisonment as a condition of | ||||||
| 13 | probation or
conditional discharge shall not be committed to | ||||||
| 14 | the Department of
Corrections.
| ||||||
| 15 | (f) The court may combine a sentence of periodic | ||||||
| 16 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
| 17 | incarceration program under
Article 8 with a sentence of | ||||||
| 18 | probation or conditional discharge.
| ||||||
| 19 | (g) An offender sentenced to probation or to conditional | ||||||
| 20 | discharge and
who during the term of either undergoes mandatory | ||||||
| 21 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
| 22 | on an approved electronic monitoring
device, shall be ordered | ||||||
| 23 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
| 24 | testing, or both, and all costs
incidental to such approved | ||||||
| 25 | electronic monitoring in accordance with the
defendant's | ||||||
| 26 | ability to pay those costs. The county board with
the | ||||||
| |||||||
| |||||||
| 1 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
| 2 | the county is located shall establish reasonable fees for
the | ||||||
| 3 | cost of maintenance, testing, and incidental expenses related | ||||||
| 4 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
| 5 | costs incidental to
approved electronic monitoring, involved | ||||||
| 6 | in a successful probation program
for the county. The | ||||||
| 7 | concurrence of the Chief Judge shall be in the form of
an | ||||||
| 8 | administrative order.
The fees shall be collected by the clerk | ||||||
| 9 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
| 10 | all moneys collected from these fees to the county
treasurer | ||||||
| 11 | who shall use the moneys collected to defray the costs of
drug | ||||||
| 12 | testing, alcohol testing, and electronic monitoring.
The | ||||||
| 13 | county treasurer shall deposit the fees collected in the
county | ||||||
| 14 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
| 15 | the
Counties Code, as the case may be.
| ||||||
| 16 | (h) Jurisdiction over an offender may be transferred from | ||||||
| 17 | the
sentencing court to the court of another circuit with the | ||||||
| 18 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
| 19 | jurisdiction are also
authorized in the same manner. The court | ||||||
| 20 | to which jurisdiction has been
transferred shall have the same | ||||||
| 21 | powers as the sentencing court.
The probation department within | ||||||
| 22 | the circuit to which jurisdiction has been transferred, or | ||||||
| 23 | which has agreed to provide supervision, may impose probation | ||||||
| 24 | fees upon receiving the transferred offender, as provided in | ||||||
| 25 | subsection (i). For all transfer cases, as defined in Section | ||||||
| 26 | 9b of the Probation and Probation Officers Act, the probation | ||||||
| |||||||
| |||||||
| 1 | department from the original sentencing court shall retain all | ||||||
| 2 | probation fees collected prior to the transfer. After the | ||||||
| 3 | transfer
all probation fees shall be paid to the probation | ||||||
| 4 | department within the
circuit to which jurisdiction has been | ||||||
| 5 | transferred.
| ||||||
| 6 | (i) The court shall impose upon an offender
sentenced to | ||||||
| 7 | probation after January 1, 1989 or to conditional discharge
| ||||||
| 8 | after January 1, 1992 or to community service under the | ||||||
| 9 | supervision of a
probation or court services department after | ||||||
| 10 | January 1, 2004, as a condition of such probation or | ||||||
| 11 | conditional
discharge or supervised community service, a fee of | ||||||
| 12 | $50
for each month of probation or
conditional
discharge | ||||||
| 13 | supervision or supervised community service ordered by the | ||||||
| 14 | court, unless after
determining the inability of the person | ||||||
| 15 | sentenced to probation or conditional
discharge or supervised | ||||||
| 16 | community service to pay the
fee, the court assesses a lesser | ||||||
| 17 | fee. The court may not impose the fee on a
minor who is made a | ||||||
| 18 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
| 19 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
| 20 | an offender who is actively supervised by the
probation and | ||||||
| 21 | court services
department. The fee shall be collected by the | ||||||
| 22 | clerk
of the circuit court. The clerk of the circuit court | ||||||
| 23 | shall pay all monies
collected from this fee to the county | ||||||
| 24 | treasurer for deposit in the
probation and court services fund | ||||||
| 25 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
| 26 | A circuit court may not impose a probation fee under this | ||||||
| |||||||
| |||||||
| 1 | subsection (i) in excess of $25
per month unless the circuit | ||||||
| 2 | court has adopted, by administrative
order issued by the chief | ||||||
| 3 | judge, a standard probation fee guide
determining an offender's | ||||||
| 4 | ability to pay Of the
amount collected as a probation fee, up | ||||||
| 5 | to $5 of that fee
collected per month may be used to provide | ||||||
| 6 | services to crime victims
and their families. | ||||||
| 7 | The Court may only waive probation fees based on an | ||||||
| 8 | offender's ability to pay. The probation department may | ||||||
| 9 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 10 | with the approval of the Director of Court Services or the | ||||||
| 11 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 12 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 13 | offender that has been assigned to the supervision of a | ||||||
| 14 | probation department, or has been transferred either under | ||||||
| 15 | subsection (h) of this Section or under any interstate compact, | ||||||
| 16 | shall be required to pay probation fees to the department | ||||||
| 17 | supervising the offender, based on the offender's ability to | ||||||
| 18 | pay.
| ||||||
| 19 | This amendatory Act of the 93rd General Assembly deletes | ||||||
| 20 | the $10 increase in the fee under this subsection that was | ||||||
| 21 | imposed by Public Act 93-616. This deletion is intended to | ||||||
| 22 | control over any other Act of the 93rd General Assembly that | ||||||
| 23 | retains or incorporates that fee increase. | ||||||
| 24 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
| 25 | of this Section, in the case of an offender convicted of a | ||||||
| 26 | felony sex offense (as defined in the Sex Offender Management | ||||||
| |||||||
| |||||||
| 1 | Board Act) or an offense that the court or probation department | ||||||
| 2 | has determined to be sexually motivated (as defined in the Sex | ||||||
| 3 | Offender Management Board Act), the court or the probation | ||||||
| 4 | department shall assess additional fees to pay for all costs of | ||||||
| 5 | treatment, assessment, evaluation for risk and treatment, and | ||||||
| 6 | monitoring the offender, based on that offender's ability to | ||||||
| 7 | pay those costs either as they occur or under a payment plan. | ||||||
| 8 | (j) All fines and costs imposed under this Section for any | ||||||
| 9 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 10 | Code, or a similar
provision of a local ordinance, and any | ||||||
| 11 | violation of the Child Passenger
Protection Act, or a similar | ||||||
| 12 | provision of a local ordinance, shall be
collected and | ||||||
| 13 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
| 14 | of the Clerks of Courts Act.
| ||||||
| 15 | (k) Any offender who is sentenced to probation or | ||||||
| 16 | conditional discharge for a felony sex offense as defined in | ||||||
| 17 | the Sex Offender Management Board Act or any offense that the | ||||||
| 18 | court or probation department has determined to be sexually | ||||||
| 19 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 20 | shall be required to refrain from any contact, directly or | ||||||
| 21 | indirectly, with any persons specified by the court and shall | ||||||
| 22 | be available for all evaluations and treatment programs | ||||||
| 23 | required by the court or the probation department.
| ||||||
| 24 | (l) The court may order an offender who is sentenced to | ||||||
| 25 | probation or conditional
discharge for a violation of an order | ||||||
| 26 | of protection be placed under electronic surveillance as | ||||||
| |||||||
| |||||||
| 1 | provided in Section 5-8A-7 of this Code. | ||||||
| 2 | (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, | ||||||
| 3 | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; | ||||||
| 4 | 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff. | ||||||
| 5 | 1-1-15.)
| ||||||
| 6 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
| 7 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
| 8 | (a) When a defendant is placed on supervision, the court | ||||||
| 9 | shall enter
an order for supervision specifying the period of | ||||||
| 10 | such supervision, and
shall defer further proceedings in the | ||||||
| 11 | case until the conclusion of the
period.
| ||||||
| 12 | (b) The period of supervision shall be reasonable under all | ||||||
| 13 | of the
circumstances of the case, but may not be longer than 2 | ||||||
| 14 | years, unless the
defendant has failed to pay the assessment | ||||||
| 15 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
| 16 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
| 17 | of the Methamphetamine Control and Community Protection Act, in | ||||||
| 18 | which case the court may extend supervision beyond 2 years.
| ||||||
| 19 | Additionally, the court shall order the defendant to perform no | ||||||
| 20 | less than 30
hours of community service and not more than 120 | ||||||
| 21 | hours of community service, if
community service is available | ||||||
| 22 | in the
jurisdiction and is funded and approved by the county | ||||||
| 23 | board where the offense
was committed,
when the offense (1) was
| ||||||
| 24 | related to or in furtherance of the criminal activities of an | ||||||
| 25 | organized gang or
was motivated by the defendant's membership | ||||||
| |||||||
| |||||||
| 1 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
| 2 | any Section of Article 24 of the Criminal
Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012 where a disposition of supervision is not | ||||||
| 4 | prohibited by Section
5-6-1 of this Code.
The
community service | ||||||
| 5 | shall include, but not be limited to, the cleanup and repair
of | ||||||
| 6 | any damage caused by violation of Section 21-1.3 of the | ||||||
| 7 | Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||||||
| 8 | damages to property located within the municipality or county
| ||||||
| 9 | in which the violation occurred. Where possible and reasonable, | ||||||
| 10 | the community
service should be performed in the offender's | ||||||
| 11 | neighborhood.
| ||||||
| 12 | For the purposes of this
Section, "organized gang" has the | ||||||
| 13 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
| 14 | Terrorism Omnibus Prevention Act.
| ||||||
| 15 | (c) The court may in addition to other reasonable | ||||||
| 16 | conditions
relating to the nature of the offense or the | ||||||
| 17 | rehabilitation of the
defendant as determined for each | ||||||
| 18 | defendant in the proper discretion of
the court require that | ||||||
| 19 | the person:
| ||||||
| 20 | (1) make a report to and appear in person before or | ||||||
| 21 | participate with
the court or such courts, person, or | ||||||
| 22 | social service agency as directed
by the court in the order | ||||||
| 23 | of supervision;
| ||||||
| 24 | (2) pay a fine and costs;
| ||||||
| 25 | (3) work or pursue a course of study or vocational | ||||||
| 26 | training;
| ||||||
| |||||||
| |||||||
| 1 | (4) undergo medical, psychological or psychiatric | ||||||
| 2 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
| 3 | (5) attend or reside in a facility established for the | ||||||
| 4 | instruction
or residence of defendants on probation;
| ||||||
| 5 | (6) support his dependents;
| ||||||
| 6 | (7) refrain from possessing a firearm or other | ||||||
| 7 | dangerous weapon;
| ||||||
| 8 | (8) and in addition, if a minor:
| ||||||
| 9 | (i) reside with his parents or in a foster home;
| ||||||
| 10 | (ii) attend school;
| ||||||
| 11 | (iii) attend a non-residential program for youth;
| ||||||
| 12 | (iv) contribute to his own support at home or in a | ||||||
| 13 | foster home; or
| ||||||
| 14 | (v) with the consent of the superintendent of the
| ||||||
| 15 | facility, attend an educational program at a facility | ||||||
| 16 | other than the school
in which the
offense was | ||||||
| 17 | committed if he
or she is placed on supervision for a | ||||||
| 18 | crime of violence as
defined in
Section 2 of the Crime | ||||||
| 19 | Victims Compensation Act committed in a school, on the
| ||||||
| 20 | real
property
comprising a school, or within 1,000 feet | ||||||
| 21 | of the real property comprising a
school;
| ||||||
| 22 | (9) make restitution or reparation in an amount not to | ||||||
| 23 | exceed actual
loss or damage to property and pecuniary loss | ||||||
| 24 | or make restitution under Section
5-5-6 to a domestic | ||||||
| 25 | violence shelter. The court shall
determine the amount and | ||||||
| 26 | conditions of payment;
| ||||||
| |||||||
| |||||||
| 1 | (10) perform some reasonable public or community | ||||||
| 2 | service;
| ||||||
| 3 | (11) comply with the terms and conditions of an order | ||||||
| 4 | of protection
issued by the court pursuant to the Illinois | ||||||
| 5 | Domestic Violence Act of 1986 or
an order of protection | ||||||
| 6 | issued by the court of another state, tribe, or United
| ||||||
| 7 | States territory.
If the court has ordered the defendant to | ||||||
| 8 | make a report and appear in
person under paragraph (1) of | ||||||
| 9 | this subsection, a copy of the order of
protection shall be | ||||||
| 10 | transmitted to the person or agency so designated
by the | ||||||
| 11 | court;
| ||||||
| 12 | (12) reimburse any "local anti-crime program" as | ||||||
| 13 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
| 14 | for any reasonable expenses incurred by the
program on the | ||||||
| 15 | offender's case, not to exceed the maximum amount of the
| ||||||
| 16 | fine authorized for the offense for which the defendant was | ||||||
| 17 | sentenced;
| ||||||
| 18 | (13) contribute a reasonable sum of money, not to
| ||||||
| 19 | exceed the maximum amount of the fine authorized for the | ||||||
| 20 | offense for which
the defendant was sentenced, (i) to a | ||||||
| 21 | "local anti-crime program", as defined
in Section 7 of the | ||||||
| 22 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 23 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 24 | the fund established by the Department of Natural Resources | ||||||
| 25 | for the purchase of evidence for investigation purposes and | ||||||
| 26 | to conduct investigations as outlined in Section 805-105 of | ||||||
| |||||||
| |||||||
| 1 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 2 | (14) refrain from entering into a designated | ||||||
| 3 | geographic area except
upon such terms as the court finds | ||||||
| 4 | appropriate. Such terms may include
consideration of the | ||||||
| 5 | purpose of the entry, the time of day, other persons
| ||||||
| 6 | accompanying the defendant, and advance approval by a | ||||||
| 7 | probation officer;
| ||||||
| 8 | (15) refrain from having any contact, directly or | ||||||
| 9 | indirectly, with
certain specified persons or particular | ||||||
| 10 | types of person, including but not
limited to members of | ||||||
| 11 | street gangs and drug users or dealers;
| ||||||
| 12 | (16) refrain from having in his or her body the | ||||||
| 13 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 14 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 15 | Methamphetamine Control and Community Protection Act, | ||||||
| 16 | unless prescribed by a physician, and submit samples of
his | ||||||
| 17 | or her blood or urine or both for tests to determine the | ||||||
| 18 | presence of any
illicit drug;
| ||||||
| 19 | (17) refrain from operating any motor vehicle not | ||||||
| 20 | equipped with an
ignition interlock device as defined in | ||||||
| 21 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
| 22 | condition the court may allow a defendant who is not
| ||||||
| 23 | self-employed to operate a vehicle owned by the defendant's | ||||||
| 24 | employer that is
not equipped with an ignition interlock | ||||||
| 25 | device in the course and scope of the
defendant's | ||||||
| 26 | employment; and
| ||||||
| |||||||
| |||||||
| 1 | (18) if placed on supervision for a sex offense as | ||||||
| 2 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
| 3 | unless the offender is a parent or guardian of the person | ||||||
| 4 | under 18 years of age present in the home and no | ||||||
| 5 | non-familial minors are present, not participate in a | ||||||
| 6 | holiday event involving
children
under 18 years of age, | ||||||
| 7 | such as distributing candy or other items to children on
| ||||||
| 8 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
| 9 | Christmas, being employed as a
department store Santa | ||||||
| 10 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
| 11 | Easter. | ||||||
| 12 | (c-5) If payment of restitution as ordered has not been | ||||||
| 13 | made, the victim shall file a
petition notifying the sentencing | ||||||
| 14 | court, any other person to whom restitution is owed, and
the | ||||||
| 15 | State's Attorney of the status of the ordered restitution | ||||||
| 16 | payments unpaid at least 90
days before the supervision | ||||||
| 17 | expiration date. If payment as ordered has not been made, the
| ||||||
| 18 | court shall hold a review hearing prior to the expiration date, | ||||||
| 19 | unless the hearing
is voluntarily waived by the defendant with | ||||||
| 20 | the knowledge that waiver may result in an
extension of the | ||||||
| 21 | supervision period or in a revocation of supervision. If the | ||||||
| 22 | court does not
extend supervision, it shall issue a judgment | ||||||
| 23 | for the unpaid restitution and direct the clerk
of the circuit | ||||||
| 24 | court to file and enter the judgment in the judgment and lien | ||||||
| 25 | docket, without
fee, unless it finds that the victim has | ||||||
| 26 | recovered a judgment against the
defendant for the amount | ||||||
| |||||||
| |||||||
| 1 | covered by the restitution order. If the court issues a
| ||||||
| 2 | judgment for the unpaid restitution, the court shall send to | ||||||
| 3 | the defendant at his or her last known
address written | ||||||
| 4 | notification that a civil judgment has been issued for the | ||||||
| 5 | unpaid
restitution. | ||||||
| 6 | (d) The court shall defer entering any judgment on the | ||||||
| 7 | charges
until the conclusion of the supervision.
| ||||||
| 8 | (e) At the conclusion of the period of supervision, if the | ||||||
| 9 | court
determines that the defendant has successfully complied | ||||||
| 10 | with all of the
conditions of supervision, the court shall | ||||||
| 11 | discharge the defendant and
enter a judgment dismissing the | ||||||
| 12 | charges.
| ||||||
| 13 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
| 14 | a
disposition of supervision shall be deemed without | ||||||
| 15 | adjudication of guilt
and shall not be termed a conviction for | ||||||
| 16 | purposes of disqualification or
disabilities imposed by law | ||||||
| 17 | upon conviction of a crime. Two years after the
discharge and | ||||||
| 18 | dismissal under this Section, unless the disposition of
| ||||||
| 19 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
| 20 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
| 21 | similar
provision of a local ordinance, or for a violation of | ||||||
| 22 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||||||
| 23 | or the Criminal Code of 2012, in which case it shall be 5
years | ||||||
| 24 | after discharge and dismissal, a person may have his record
of | ||||||
| 25 | arrest sealed or expunged as may be provided by law. However, | ||||||
| 26 | any
defendant placed on supervision before January 1, 1980, may | ||||||
| |||||||
| |||||||
| 1 | move for
sealing or expungement of his arrest record, as | ||||||
| 2 | provided by law, at any
time after discharge and dismissal | ||||||
| 3 | under this Section.
A person placed on supervision for a sexual | ||||||
| 4 | offense committed against a minor
as defined in clause | ||||||
| 5 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||||||
| 6 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
| 7 | or a
similar provision of a local ordinance
shall not have his | ||||||
| 8 | or her record of arrest sealed or expunged.
| ||||||
| 9 | (g) A defendant placed on supervision and who during the | ||||||
| 10 | period of
supervision undergoes mandatory drug or alcohol | ||||||
| 11 | testing, or both, or is
assigned to be placed on an approved | ||||||
| 12 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
| 13 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
| 14 | and costs incidental to such approved electronic
monitoring in | ||||||
| 15 | accordance with the defendant's ability to pay those costs.
The | ||||||
| 16 | county board with the concurrence of the Chief Judge of the | ||||||
| 17 | judicial
circuit in which the county is located shall establish | ||||||
| 18 | reasonable fees for
the cost of maintenance, testing, and | ||||||
| 19 | incidental expenses related to the
mandatory drug or alcohol | ||||||
| 20 | testing, or both, and all costs incidental to
approved | ||||||
| 21 | electronic monitoring, of all defendants placed on | ||||||
| 22 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
| 23 | form of an
administrative order.
The fees shall be collected by | ||||||
| 24 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
| 25 | shall pay all moneys collected from these fees to the county
| ||||||
| 26 | treasurer who shall use the moneys collected to defray the | ||||||
| |||||||
| |||||||
| 1 | costs of
drug testing, alcohol testing, and electronic | ||||||
| 2 | monitoring.
The county treasurer shall deposit the fees | ||||||
| 3 | collected in the
county working cash fund under Section 6-27001 | ||||||
| 4 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
| 5 | (h) A disposition of supervision is a final order for the | ||||||
| 6 | purposes
of appeal.
| ||||||
| 7 | (i) The court shall impose upon a defendant placed on | ||||||
| 8 | supervision
after January 1, 1992 or to community service under | ||||||
| 9 | the supervision of a
probation or court services department | ||||||
| 10 | after January 1, 2004, as a condition
of supervision or | ||||||
| 11 | supervised community service, a fee of $50 for
each month of | ||||||
| 12 | supervision or supervised community service ordered by the
| ||||||
| 13 | court, unless after
determining the inability of the person | ||||||
| 14 | placed on supervision or supervised
community service to pay | ||||||
| 15 | the
fee, the court assesses a lesser fee. The court may not | ||||||
| 16 | impose the fee on a
minor who is made a ward of the State under | ||||||
| 17 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
| 18 | The fee shall be imposed only upon a
defendant who is actively | ||||||
| 19 | supervised by the
probation and court services
department. The | ||||||
| 20 | fee shall be collected by the clerk of the circuit court.
The | ||||||
| 21 | clerk of the circuit court shall pay all monies collected from | ||||||
| 22 | this fee
to the county treasurer for deposit in the probation | ||||||
| 23 | and court services
fund pursuant to Section 15.1 of the | ||||||
| 24 | Probation and
Probation Officers Act.
| ||||||
| 25 | A circuit court may not impose a probation fee in excess of | ||||||
| 26 | $25
per month unless the circuit court has adopted, by | ||||||
| |||||||
| |||||||
| 1 | administrative
order issued by the chief judge, a standard | ||||||
| 2 | probation fee guide
determining an offender's ability to pay. | ||||||
| 3 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
| 4 | that fee
collected per month may be used to provide services to | ||||||
| 5 | crime victims
and their families. | ||||||
| 6 | The Court may only waive probation fees based on an | ||||||
| 7 | offender's ability to pay. The probation department may | ||||||
| 8 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 9 | with the approval of the Director of Court Services or the | ||||||
| 10 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 11 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 12 | offender that has been assigned to the supervision of a | ||||||
| 13 | probation department, or has been transferred either under | ||||||
| 14 | subsection (h) of this Section or under any interstate compact, | ||||||
| 15 | shall be required to pay probation fees to the department | ||||||
| 16 | supervising the offender, based on the offender's ability to | ||||||
| 17 | pay.
| ||||||
| 18 | (j) All fines and costs imposed under this Section for any
| ||||||
| 19 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 20 | Code, or a
similar provision of a local ordinance, and any | ||||||
| 21 | violation of the Child
Passenger Protection Act, or a similar | ||||||
| 22 | provision of a local ordinance, shall
be collected and | ||||||
| 23 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
| 24 | of the Clerks of Courts Act.
| ||||||
| 25 | (k) A defendant at least 17 years of age who is placed on | ||||||
| 26 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
| |||||||
| |||||||
| 1 | inhabitants
and who has not been previously convicted of a | ||||||
| 2 | misdemeanor or felony
may as a condition of his or her | ||||||
| 3 | supervision be required by the court to
attend educational | ||||||
| 4 | courses designed to prepare the defendant for a high school
| ||||||
| 5 | diploma and to work toward a high school diploma or to work | ||||||
| 6 | toward passing high school equivalency testing or to work
| ||||||
| 7 | toward completing a vocational training program approved by the | ||||||
| 8 | court. The
defendant placed on supervision must attend a public | ||||||
| 9 | institution of education
to obtain the educational or | ||||||
| 10 | vocational training required by this subsection
(k). The | ||||||
| 11 | defendant placed on supervision shall be required to pay for | ||||||
| 12 | the cost
of the educational courses or high school equivalency | ||||||
| 13 | testing if a fee is charged for those courses
or testing. The | ||||||
| 14 | court shall revoke the supervision of a person who wilfully | ||||||
| 15 | fails
to comply with this subsection (k). The court shall | ||||||
| 16 | resentence the defendant
upon revocation of supervision as | ||||||
| 17 | provided in Section 5-6-4. This subsection
(k) does not apply | ||||||
| 18 | to a defendant who has a high school diploma or has
| ||||||
| 19 | successfully passed high school equivalency testing. This | ||||||
| 20 | subsection (k) does not apply to a
defendant who is determined | ||||||
| 21 | by the court to be a person with a developmental disability | ||||||
| 22 | developmentally disabled or
otherwise mentally incapable of | ||||||
| 23 | completing the
educational or vocational program.
| ||||||
| 24 | (l) The court shall require a defendant placed on | ||||||
| 25 | supervision for
possession of a substance
prohibited by the | ||||||
| 26 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
| |||||||
| |||||||
| 1 | or the Methamphetamine Control and Community Protection Act
| ||||||
| 2 | after a previous conviction or disposition of supervision for | ||||||
| 3 | possession of a
substance prohibited by the Cannabis Control | ||||||
| 4 | Act, the Illinois Controlled
Substances Act, or the | ||||||
| 5 | Methamphetamine Control and Community Protection Act or a | ||||||
| 6 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
| 7 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
| 8 | and after a finding by the court that the person is addicted, | ||||||
| 9 | to undergo
treatment at a substance abuse program approved by | ||||||
| 10 | the court.
| ||||||
| 11 | (m) The Secretary of State shall require anyone placed on | ||||||
| 12 | court supervision
for a
violation of Section 3-707 of the | ||||||
| 13 | Illinois Vehicle Code or a similar provision
of a local | ||||||
| 14 | ordinance
to give proof of his or her financial
responsibility | ||||||
| 15 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
| 16 | proof shall be
maintained by the individual in a manner | ||||||
| 17 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
| 18 | 3 years after the date the proof is first filed.
The proof | ||||||
| 19 | shall be limited to a single action per arrest and may not be
| ||||||
| 20 | affected by any post-sentence disposition. The Secretary of | ||||||
| 21 | State shall
suspend the driver's license of any person
| ||||||
| 22 | determined by the Secretary to be in violation of this | ||||||
| 23 | subsection. | ||||||
| 24 | (n) Any offender placed on supervision for any offense that | ||||||
| 25 | the court or probation department has determined to be sexually | ||||||
| 26 | motivated as defined in the Sex Offender Management Board Act | ||||||
| |||||||
| |||||||
| 1 | shall be required to refrain from any contact, directly or | ||||||
| 2 | indirectly, with any persons specified by the court and shall | ||||||
| 3 | be available for all evaluations and treatment programs | ||||||
| 4 | required by the court or the probation department.
| ||||||
| 5 | (o) An offender placed on supervision for a sex offense as | ||||||
| 6 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
| 7 | from residing at the same address or in the same condominium | ||||||
| 8 | unit or apartment unit or in the same condominium complex or | ||||||
| 9 | apartment complex with another person he or she knows or | ||||||
| 10 | reasonably should know is a convicted sex offender or has been | ||||||
| 11 | placed on supervision for a sex offense. The provisions of this | ||||||
| 12 | subsection (o) do not apply to a person convicted of a sex | ||||||
| 13 | offense who is placed in a Department of Corrections licensed | ||||||
| 14 | transitional housing facility for sex offenders. | ||||||
| 15 | (p) An offender placed on supervision for an offense | ||||||
| 16 | committed on or after June 1, 2008
(the effective date of | ||||||
| 17 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 18 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
| 20 | refrain from communicating with or contacting, by means of the | ||||||
| 21 | Internet, a person who is not related to the accused and whom | ||||||
| 22 | the accused reasonably believes to be under 18 years of age. | ||||||
| 23 | For purposes of this subsection (p), "Internet" has the meaning | ||||||
| 24 | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||||||
| 25 | and a person is not related to the accused if the person is | ||||||
| 26 | not: (i) the spouse, brother, or sister of the accused; (ii) a | ||||||
| |||||||
| |||||||
| 1 | descendant of the accused; (iii) a first or second cousin of | ||||||
| 2 | the accused; or (iv) a step-child or adopted child of the | ||||||
| 3 | accused.
| ||||||
| 4 | (q) An offender placed on supervision for an offense | ||||||
| 5 | committed on or after June 1, 2008
(the effective date of | ||||||
| 6 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 7 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 8 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
| 9 | ordered by the court, refrain from communicating with or | ||||||
| 10 | contacting, by means of the Internet, a person who is related | ||||||
| 11 | to the accused and whom the accused reasonably believes to be | ||||||
| 12 | under 18 years of age. For purposes of this subsection (q), | ||||||
| 13 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
| 14 | the Criminal Code of 2012; and a person is related to the | ||||||
| 15 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
| 16 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
| 17 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
| 18 | child of the accused.
| ||||||
| 19 | (r) An offender placed on supervision for an offense under | ||||||
| 20 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
| 21 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 22 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 23 | 2012, or any attempt to commit any of these offenses, committed | ||||||
| 24 | on or after the effective date of this amendatory Act of the | ||||||
| 25 | 95th General Assembly shall: | ||||||
| 26 | (i) not access or use a computer or any other device | ||||||
| |||||||
| |||||||
| 1 | with Internet capability without the prior written | ||||||
| 2 | approval of the court, except in connection with the | ||||||
| 3 | offender's employment or search for employment with the | ||||||
| 4 | prior approval of the court; | ||||||
| 5 | (ii) submit to periodic unannounced examinations of | ||||||
| 6 | the offender's computer or any other device with Internet | ||||||
| 7 | capability by the offender's probation officer, a law | ||||||
| 8 | enforcement officer, or assigned computer or information | ||||||
| 9 | technology specialist, including the retrieval and copying | ||||||
| 10 | of all data from the computer or device and any internal or | ||||||
| 11 | external peripherals and removal of such information, | ||||||
| 12 | equipment, or device to conduct a more thorough inspection; | ||||||
| 13 | (iii) submit to the installation on the offender's | ||||||
| 14 | computer or device with Internet capability, at the | ||||||
| 15 | offender's expense, of one or more hardware or software | ||||||
| 16 | systems to monitor the Internet use; and | ||||||
| 17 | (iv) submit to any other appropriate restrictions | ||||||
| 18 | concerning the offender's use of or access to a computer or | ||||||
| 19 | any other device with Internet capability imposed by the | ||||||
| 20 | court. | ||||||
| 21 | (s) An offender placed on supervision for an offense that | ||||||
| 22 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
| 23 | Registration Act that is committed on or after January 1, 2010 | ||||||
| 24 | (the effective date of Public Act 96-362) that requires the | ||||||
| 25 | person to register as a sex offender under that Act, may not | ||||||
| 26 | knowingly use any computer scrub software on any computer that | ||||||
| |||||||
| |||||||
| 1 | the sex offender uses. | ||||||
| 2 | (t) An offender placed on supervision for a sex offense as | ||||||
| 3 | defined in the Sex Offender
Registration Act committed on or | ||||||
| 4 | after January 1, 2010 (the effective date of Public Act 96-262) | ||||||
| 5 | shall refrain from accessing or using a social networking | ||||||
| 6 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
| 7 | 2012. | ||||||
| 8 | (u) Jurisdiction over an offender may be transferred from | ||||||
| 9 | the sentencing court to the court of another circuit with the | ||||||
| 10 | concurrence of both courts. Further transfers or retransfers of | ||||||
| 11 | jurisdiction are also authorized in the same manner. The court | ||||||
| 12 | to which jurisdiction has been transferred shall have the same | ||||||
| 13 | powers as the sentencing court. The probation department within | ||||||
| 14 | the circuit to which jurisdiction has been transferred may | ||||||
| 15 | impose probation fees upon receiving the transferred offender, | ||||||
| 16 | as provided in subsection (i). The probation department from | ||||||
| 17 | the original sentencing court shall retain all probation fees | ||||||
| 18 | collected prior to the transfer. | ||||||
| 19 | (Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
| 20 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||||||
| 21 | 1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 22 | (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
| ||||||
| 23 | Sec. 5-7-1. Sentence of Periodic Imprisonment.
| ||||||
| 24 | (a) A sentence of periodic imprisonment is a sentence of
| ||||||
| 25 | imprisonment during which the committed person may be released | ||||||
| |||||||
| |||||||
| 1 | for
periods of time during the day or night or for periods of | ||||||
| 2 | days, or both,
or if convicted of a felony, other than first | ||||||
| 3 | degree murder, a Class X or
Class 1 felony, committed to any | ||||||
| 4 | county, municipal, or regional
correctional or detention | ||||||
| 5 | institution or facility in this State for such
periods of time | ||||||
| 6 | as the court may direct. Unless the court orders otherwise,
the | ||||||
| 7 | particular times and conditions of release shall be determined | ||||||
| 8 | by
the Department of Corrections, the sheriff, or the | ||||||
| 9 | Superintendent of the
house of corrections, who is | ||||||
| 10 | administering the program.
| ||||||
| 11 | (b) A sentence of periodic imprisonment may be imposed to | ||||||
| 12 | permit the
defendant to:
| ||||||
| 13 | (1) seek employment;
| ||||||
| 14 | (2) work;
| ||||||
| 15 | (3) conduct a business or other self-employed | ||||||
| 16 | occupation including
housekeeping;
| ||||||
| 17 | (4) attend to family needs;
| ||||||
| 18 | (5) attend an educational institution, including | ||||||
| 19 | vocational
education;
| ||||||
| 20 | (6) obtain medical or psychological treatment;
| ||||||
| 21 | (7) perform work duties at a county, municipal, or | ||||||
| 22 | regional correctional
or detention institution or | ||||||
| 23 | facility;
| ||||||
| 24 | (8) continue to reside at home with or without | ||||||
| 25 | supervision involving
the use of an approved electronic | ||||||
| 26 | monitoring device, subject to
Article 8A of Chapter V; or
| ||||||
| |||||||
| |||||||
| 1 | (9) for any other purpose determined by the court.
| ||||||
| 2 | (c) Except where prohibited by other provisions of this | ||||||
| 3 | Code,
the court may impose a sentence of periodic imprisonment | ||||||
| 4 | for a
felony or misdemeanor on a person who is 17 years of age | ||||||
| 5 | or older. The
court shall not impose a sentence of periodic | ||||||
| 6 | imprisonment if it imposes
a sentence of imprisonment upon the | ||||||
| 7 | defendant in excess of 90 days.
| ||||||
| 8 | (d) A sentence of periodic imprisonment shall be for a | ||||||
| 9 | definite
term of from 3 to 4 years for a Class 1 felony, 18 to | ||||||
| 10 | 30 months
for a Class 2 felony, and up to 18 months, or the | ||||||
| 11 | longest sentence of
imprisonment that could be imposed for the | ||||||
| 12 | offense, whichever is less, for
all other offenses; however, no | ||||||
| 13 | person shall be sentenced to a term of
periodic imprisonment | ||||||
| 14 | longer than one year if he is committed to a county
| ||||||
| 15 | correctional institution or facility, and in conjunction with | ||||||
| 16 | that sentence
participate in a county work release program | ||||||
| 17 | comparable to the work and day
release program provided for in | ||||||
| 18 | Article 13 of the Unified Code of
Corrections in State | ||||||
| 19 | facilities. The term of the sentence shall be
calculated upon | ||||||
| 20 | the basis of the duration of its term rather than upon
the | ||||||
| 21 | basis of the actual days spent in confinement. No sentence
of | ||||||
| 22 | periodic imprisonment shall be subject to the good time
credit | ||||||
| 23 | provisions of Section 3-6-3 of this Code.
| ||||||
| 24 | (e) When the court imposes a sentence of periodic | ||||||
| 25 | imprisonment, it
shall state:
| ||||||
| 26 | (1) the term of such sentence;
| ||||||
| |||||||
| |||||||
| 1 | (2) the days or parts of days which the defendant is to | ||||||
| 2 | be confined;
| ||||||
| 3 | (3) the conditions.
| ||||||
| 4 | (f) The court may issue an order of protection pursuant to | ||||||
| 5 | the
Illinois Domestic Violence Act of 1986 as a condition of a | ||||||
| 6 | sentence of
periodic imprisonment. The Illinois Domestic | ||||||
| 7 | Violence Act of 1986 shall
govern the issuance, enforcement and | ||||||
| 8 | recording of orders of protection
issued under this Section. A | ||||||
| 9 | copy of the order of protection shall be
transmitted to the | ||||||
| 10 | person or agency having responsibility for the case.
| ||||||
| 11 | (f-5) An offender sentenced to a term of periodic | ||||||
| 12 | imprisonment for a
felony sex
offense as defined in the Sex | ||||||
| 13 | Offender Management Board Act shall be required
to undergo and | ||||||
| 14 | successfully complete sex offender treatment by a treatment
| ||||||
| 15 | provider approved by the Board and conducted in conformance | ||||||
| 16 | with the standards
developed under the Sex Offender Management | ||||||
| 17 | Board Act.
| ||||||
| 18 | (g) An offender sentenced to periodic imprisonment who | ||||||
| 19 | undergoes mandatory
drug or alcohol testing, or both, or is
| ||||||
| 20 | assigned to be placed on an approved electronic monitoring | ||||||
| 21 | device, shall be
ordered to pay the costs incidental to such | ||||||
| 22 | mandatory drug or alcohol
testing, or both, and costs | ||||||
| 23 | incidental to such approved electronic
monitoring in | ||||||
| 24 | accordance with the defendant's ability to pay those costs.
The | ||||||
| 25 | county board with the concurrence of the Chief Judge of the | ||||||
| 26 | judicial
circuit in which the county is located shall establish | ||||||
| |||||||
| |||||||
| 1 | reasonable
fees for
the cost of maintenance, testing, and | ||||||
| 2 | incidental expenses related to the
mandatory drug or alcohol | ||||||
| 3 | testing, or both, and all costs incidental to
approved | ||||||
| 4 | electronic monitoring, of all offenders with a sentence of
| ||||||
| 5 | periodic imprisonment. The concurrence of the Chief Judge shall | ||||||
| 6 | be in the
form of an administrative order.
The fees shall be | ||||||
| 7 | collected by the clerk of the circuit court. The clerk of
the | ||||||
| 8 | circuit court shall pay all moneys collected from these fees to | ||||||
| 9 | the county
treasurer who shall use the moneys collected to | ||||||
| 10 | defray the costs of
drug testing,
alcohol testing, and | ||||||
| 11 | electronic monitoring.
The county treasurer shall deposit the | ||||||
| 12 | fees collected in the
county working cash fund under Section | ||||||
| 13 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
| 14 | may be.
| ||||||
| 15 | (h) All fees and costs imposed under this Section for any | ||||||
| 16 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 17 | Code, or a similar
provision of a local ordinance, and any | ||||||
| 18 | violation of
the Child Passenger Protection Act, or a similar | ||||||
| 19 | provision of a local
ordinance, shall be collected and | ||||||
| 20 | disbursed by the
circuit clerk as provided under Section 27.5 | ||||||
| 21 | of the Clerks of Courts Act.
| ||||||
| 22 | (i) A defendant at least 17 years of age who is
convicted | ||||||
| 23 | of a misdemeanor or felony in a county of 3,000,000 or more
| ||||||
| 24 | inhabitants and who has not been previously convicted
of a | ||||||
| 25 | misdemeanor or a felony and who is sentenced to a term of | ||||||
| 26 | periodic
imprisonment may as a condition of his or her sentence | ||||||
| |||||||
| |||||||
| 1 | be required by the
court to attend educational courses designed | ||||||
| 2 | to
prepare the defendant for a high school diploma and to work | ||||||
| 3 | toward receiving a
high school
diploma or to work toward | ||||||
| 4 | passing high school equivalency testing or to work toward | ||||||
| 5 | completing a vocational training program
approved by the court. | ||||||
| 6 | The defendant sentenced to periodic imprisonment must
attend a | ||||||
| 7 | public institution of education to obtain the educational or
| ||||||
| 8 | vocational training required by this subsection (i). The | ||||||
| 9 | defendant sentenced
to a term of periodic imprisonment shall be | ||||||
| 10 | required to pay for the cost of the
educational courses or high | ||||||
| 11 | school equivalency testing if a fee is charged for those | ||||||
| 12 | courses or testing.
The court shall
revoke the sentence of | ||||||
| 13 | periodic imprisonment of the defendant who wilfully
fails
to | ||||||
| 14 | comply with this subsection (i). The court shall resentence the | ||||||
| 15 | defendant
whose sentence of periodic imprisonment has been
| ||||||
| 16 | revoked as provided in Section 5-7-2. This
subsection (i) does | ||||||
| 17 | not apply to a defendant who has a high school diploma or
has | ||||||
| 18 | successfully passed high school equivalency testing. This | ||||||
| 19 | subsection (i) does not apply to a
defendant who is determined | ||||||
| 20 | by the court to be a person with a developmental disability | ||||||
| 21 | developmentally disabled or
otherwise mentally incapable of | ||||||
| 22 | completing the
educational or vocational program.
| ||||||
| 23 | (Source: P.A. 98-718, eff. 1-1-15.)
| ||||||
| 24 | Section 915. The Code of Civil Procedure is amended by | ||||||
| 25 | changing Section 13-114 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
| ||||||
| 2 | Sec. 13-114. Seventy-five year limitation. No deed, will, | ||||||
| 3 | estate, proof
of heirship, plat, affidavit
or other instrument | ||||||
| 4 | or document, or any court proceeding, order or
judgment, or any | ||||||
| 5 | agreement, written or unwritten, sealed or unsealed, or
any | ||||||
| 6 | fact, event, or statement, or any part or copy of any of the
| ||||||
| 7 | foregoing, relating to or affecting the title to real estate in | ||||||
| 8 | the
State of Illinois, which happened, was administered, or was | ||||||
| 9 | executed,
dated, delivered, recorded or entered into more than | ||||||
| 10 | 75 years prior to
July 1, 1872, or such subsequent date as the | ||||||
| 11 | same is
offered, presented, urged, claimed, asserted, or | ||||||
| 12 | appears against any
person hereafter becoming interested in the | ||||||
| 13 | title to any real estate, or
to any agent or attorney thereof, | ||||||
| 14 | shall adversely to the party or
parties hereafter coming into | ||||||
| 15 | possession of such real estate under claim
or color of title or | ||||||
| 16 | persons claiming under him, her or them, constitute
notice, | ||||||
| 17 | either actual or constructive of any right, title, interest
or | ||||||
| 18 | claim in and to such real estate, or any part thereof, or be,
| ||||||
| 19 | or be considered to be evidence or admissible in evidence or be | ||||||
| 20 | held or
urged to make any title unmarketable in part or in | ||||||
| 21 | whole, or be required
or allowed to be alleged or proved as a | ||||||
| 22 | basis for any action, or any
statutory proceeding affecting | ||||||
| 23 | directly or indirectly the title to such
real estate.
| ||||||
| 24 | The limitation of this Section, however, shall be deferred | ||||||
| 25 | from and
after the expiration of such 75 year period for an | ||||||
| |||||||
| |||||||
| 1 | additional period of
10 years, if a claim in writing in and to | ||||||
| 2 | real estate therein
particularly described, incorporating the | ||||||
| 3 | terms or substance of any such
deed, will, estate, proof of | ||||||
| 4 | heirship, plat, affidavit, or other
instrument or document, or | ||||||
| 5 | any court proceeding, order or judgment or
any agreement, | ||||||
| 6 | written or unwritten, sealed or unsealed, or any fact,
event or | ||||||
| 7 | statement, or any part or copy thereof in such claim, is filed
| ||||||
| 8 | in the office of the recorder in the county or counties in
| ||||||
| 9 | which such real estate is located:
| ||||||
| 10 | 1. within 3 years prior to the expiration of such 75 year | ||||||
| 11 | period;
or
| ||||||
| 12 | 2. after the expiration of such 75 year period, by a minor | ||||||
| 13 | or
a claimant under a legal disability who became under such | ||||||
| 14 | disability during such 75
year period and within 2 years after | ||||||
| 15 | the disability of such minor or
of the claimant a under legal | ||||||
| 16 | disability has been removed; or
| ||||||
| 17 | 3. after the expiration of such 75 year period, by a | ||||||
| 18 | guardian of a
minor or person who was determined by a court to | ||||||
| 19 | be under a legal disability became legally disabled
during such | ||||||
| 20 | 75 year period and within 2 years after such guardian
has been | ||||||
| 21 | appointed for such minor or person under a legal disability.
| ||||||
| 22 | The provisions of this Section shall not apply to or | ||||||
| 23 | operate against
the United States of America or the State of | ||||||
| 24 | Illinois or any other state
of the United States of America; or | ||||||
| 25 | as to real estate held for a public
purpose by any municipality | ||||||
| 26 | or other political subdivision of the State
of Illinois; or | ||||||
| |||||||
| |||||||
| 1 | against any person under whom the party or parties in
| ||||||
| 2 | possession during the period herein permitted for reassertion | ||||||
| 3 | of title
claim by lease or other privity of contract; or | ||||||
| 4 | against any person
who during the entire period herein | ||||||
| 5 | permitted for reassertion of title,
or prior thereto, has not | ||||||
| 6 | had the right to sue for and protect
his or her claim, interest | ||||||
| 7 | or title.
| ||||||
| 8 | (Source: P.A. 83-1362.)
| ||||||
| 9 | Section 920. The Crime Victims Compensation Act is amended | ||||||
| 10 | by changing Section 6.1 as follows:
| ||||||
| 11 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
| 12 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
| 13 | compensation
under this Act if:
| ||||||
| 14 | (a) Within 2 years of the occurrence of the crime, or | ||||||
| 15 | within one year after a criminal charge of a person for an | ||||||
| 16 | offense, upon
which the claim
is based, he files an | ||||||
| 17 | application, under oath, with the Court of Claims and
on a | ||||||
| 18 | form prescribed in accordance with Section 7.1 furnished by | ||||||
| 19 | the
Attorney General. If the person entitled to | ||||||
| 20 | compensation is under 18 years
of age or under other legal | ||||||
| 21 | disability at the time of the occurrence or
is determined | ||||||
| 22 | by a court to be under a legal disability becomes legally | ||||||
| 23 | disabled as a result of the occurrence, he may file the
| ||||||
| 24 | application required by this subsection within 2 years | ||||||
| |||||||
| |||||||
| 1 | after
he attains
the age of 18 years or the disability is | ||||||
| 2 | removed, as the case may be. Legal disability includes a | ||||||
| 3 | diagnosis of posttraumatic stress disorder.
| ||||||
| 4 | (b) For all crimes of violence, except those listed in | ||||||
| 5 | subsection (b-1) of this Section, the appropriate law | ||||||
| 6 | enforcement officials were notified within
72 hours of the | ||||||
| 7 | perpetration of the crime allegedly causing the death or
| ||||||
| 8 | injury to the victim or, in the event such notification was | ||||||
| 9 | made more
than 72 hours after the perpetration of the | ||||||
| 10 | crime, the applicant
establishes that such notice was | ||||||
| 11 | timely under the circumstances.
| ||||||
| 12 | (b-1) For victims of offenses defined in Sections | ||||||
| 13 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
| 14 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||||||
| 15 | the Criminal Code of 2012, the appropriate law enforcement | ||||||
| 16 | officials were notified within 7 days of the perpetration | ||||||
| 17 | of the crime allegedly causing death or injury to the | ||||||
| 18 | victim or, in the event that the notification was made more | ||||||
| 19 | than 7 days after the perpetration of the crime, the | ||||||
| 20 | applicant establishes that the notice was timely under the | ||||||
| 21 | circumstances.
If the applicant or victim has obtained an | ||||||
| 22 | order of protection, a civil no contact order, or a | ||||||
| 23 | stalking no contact order, or has presented himself or | ||||||
| 24 | herself to a hospital for sexual assault evidence | ||||||
| 25 | collection and medical care, such action shall constitute | ||||||
| 26 | appropriate notification under this subsection (b-1) or | ||||||
| |||||||
| |||||||
| 1 | subsection (b) of this Section.
| ||||||
| 2 | (c) The applicant has cooperated with law enforcement
| ||||||
| 3 | officials in the apprehension and prosecution of the | ||||||
| 4 | assailant. If the applicant or victim has obtained an order | ||||||
| 5 | of protection, a civil no contact order, or a stalking no | ||||||
| 6 | contact order or has presented himself or herself to a | ||||||
| 7 | hospital for sexual assault evidence collection and | ||||||
| 8 | medical care, such action shall constitute cooperation | ||||||
| 9 | under this subsection (c).
| ||||||
| 10 | (d) The applicant is not the offender or an accomplice | ||||||
| 11 | of the offender
and the award would not unjustly benefit | ||||||
| 12 | the offender or his accomplice.
| ||||||
| 13 | (e) The injury to or death of the victim was not | ||||||
| 14 | substantially attributable
to his own wrongful act and was | ||||||
| 15 | not substantially provoked by the victim.
| ||||||
| 16 | (f) For victims of offenses defined in Section 10-9 of | ||||||
| 17 | the Criminal Code of 2012, the victim submits a statement | ||||||
| 18 | under oath on a form prescribed by the Attorney General | ||||||
| 19 | attesting that the removed tattoo was applied in connection | ||||||
| 20 | with the commission of the offense. | ||||||
| 21 | (Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 22 | 98-435, eff. 1-1-14.)
| ||||||
| 23 | Section 925. The Mental Health and Developmental | ||||||
| 24 | Disabilities Confidentiality Act is amended by changing | ||||||
| 25 | Sections 4 and 12 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| ||||||
| 2 | Sec. 4.
(a) The following persons shall be entitled, upon | ||||||
| 3 | request,
to inspect and copy a recipient's record or any part | ||||||
| 4 | thereof:
| ||||||
| 5 | (1) the parent or guardian of a recipient who is under | ||||||
| 6 | 12 years of age;
| ||||||
| 7 | (2) the recipient if he is 12 years of age or older;
| ||||||
| 8 | (3) the parent or guardian of a recipient who is at | ||||||
| 9 | least 12 but under
18 years, if the recipient is informed | ||||||
| 10 | and does not object or if the therapist
does not find that | ||||||
| 11 | there are compelling reasons for denying the access.
The | ||||||
| 12 | parent or guardian who is denied access by either the | ||||||
| 13 | recipient or the
therapist may petition a court for access | ||||||
| 14 | to the record. Nothing in this
paragraph is intended to | ||||||
| 15 | prohibit the parent or guardian of a recipient who is
at | ||||||
| 16 | least 12 but under 18 years from requesting and receiving | ||||||
| 17 | the following
information: current physical and mental | ||||||
| 18 | condition, diagnosis, treatment needs,
services provided, | ||||||
| 19 | and services needed, including medication, if any;
| ||||||
| 20 | (4) the guardian of a recipient who is 18 years or | ||||||
| 21 | older;
| ||||||
| 22 | (5) an attorney or guardian ad litem who represents a | ||||||
| 23 | minor 12
years of age or older in any judicial or | ||||||
| 24 | administrative proceeding,
provided that the court or | ||||||
| 25 | administrative hearing officer has entered an
order | ||||||
| |||||||
| |||||||
| 1 | granting the attorney this right;
| ||||||
| 2 | (6) an agent appointed under a recipient's power of | ||||||
| 3 | attorney for health
care or for property, when the power of | ||||||
| 4 | attorney authorizes the access;
| ||||||
| 5 | (7) an attorney-in-fact appointed under the Mental | ||||||
| 6 | Health Treatment Preference Declaration Act; or | ||||||
| 7 | (8) any person in whose care and custody the recipient | ||||||
| 8 | has been placed pursuant to Section 3-811 of the Mental | ||||||
| 9 | Health and Developmental Disabilities Code. | ||||||
| 10 | (b) Assistance in interpreting the record may be provided | ||||||
| 11 | without charge
and shall be provided if the person inspecting | ||||||
| 12 | the record is under 18 years
of age. However, access may in no | ||||||
| 13 | way be denied or limited if the person
inspecting the record | ||||||
| 14 | refuses the assistance. A reasonable fee may be
charged for | ||||||
| 15 | duplication of a record. However, when requested to do so in
| ||||||
| 16 | writing by any indigent recipient, the custodian of the records | ||||||
| 17 | shall
provide at no charge to the recipient, or to the | ||||||
| 18 | Guardianship and Advocacy
Commission, the agency designated by | ||||||
| 19 | the Governor under Section 1 of the
Protection and Advocacy for | ||||||
| 20 | Persons with Developmental Disabilities Developmentally | ||||||
| 21 | Disabled Persons Act or to any
other not-for-profit agency | ||||||
| 22 | whose primary purpose is to provide free legal
services or | ||||||
| 23 | advocacy for the indigent and who has received written
| ||||||
| 24 | authorization from the recipient under Section 5 of this Act to | ||||||
| 25 | receive his
records, one copy of any records in its possession | ||||||
| 26 | whose disclosure is
authorized under this Act.
| ||||||
| |||||||
| |||||||
| 1 | (c) Any person entitled to access to a record under this | ||||||
| 2 | Section may submit
a written statement concerning any disputed | ||||||
| 3 | or new information, which statement
shall be entered into the | ||||||
| 4 | record. Whenever any disputed part of a record
is disclosed, | ||||||
| 5 | any submitted statement relating thereto shall accompany the
| ||||||
| 6 | disclosed part. Additionally, any person entitled to access may | ||||||
| 7 | request
modification of any part of the record which he | ||||||
| 8 | believes is incorrect or
misleading. If the request is refused, | ||||||
| 9 | the person may seek a court order
to compel modification.
| ||||||
| 10 | (d) Whenever access or modification is requested, the | ||||||
| 11 | request and any
action taken thereon shall be noted in the | ||||||
| 12 | recipient's record.
| ||||||
| 13 | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
| ||||||
| 14 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
| 15 | Sec. 12. (a) If the United States Secret Service or the | ||||||
| 16 | Department of
State Police requests information from a mental | ||||||
| 17 | health or developmental
disability facility, as defined in | ||||||
| 18 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
| 19 | Disabilities Code, relating to a specific
recipient and the | ||||||
| 20 | facility director determines that disclosure of such
| ||||||
| 21 | information may be necessary to protect the life of, or to | ||||||
| 22 | prevent
the infliction of great bodily harm to, a public | ||||||
| 23 | official,
or a person under the protection of the United
States | ||||||
| 24 | Secret Service, only the following information
may be | ||||||
| 25 | disclosed: the recipient's name, address, and age and the date | ||||||
| |||||||
| |||||||
| 1 | of
any admission to or discharge from a facility; and any | ||||||
| 2 | information which
would indicate whether or not the recipient | ||||||
| 3 | has a history of violence or
presents a danger of violence to | ||||||
| 4 | the person under protection. Any information
so disclosed shall | ||||||
| 5 | be used for investigative purposes only and shall not
be | ||||||
| 6 | publicly disseminated.
Any person participating in good faith | ||||||
| 7 | in the disclosure of such
information in accordance with this | ||||||
| 8 | provision shall have immunity from any
liability, civil, | ||||||
| 9 | criminal or otherwise, if such information is disclosed
relying | ||||||
| 10 | upon the representation of an officer of the United States | ||||||
| 11 | Secret
Service or the Department of State Police that a person | ||||||
| 12 | is under the
protection of the United States Secret Service or | ||||||
| 13 | is a public official.
| ||||||
| 14 | For the purpose of this subsection (a), the term "public | ||||||
| 15 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
| 16 | General, Secretary of State,
State Comptroller, State | ||||||
| 17 | Treasurer, member of the General Assembly, member of the United | ||||||
| 18 | States Congress, Judge of the United States as defined in 28 | ||||||
| 19 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
| 20 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
| 21 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
| 22 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
| 23 | Illinois. The
term shall also include the spouse, child or | ||||||
| 24 | children of a public official.
| ||||||
| 25 | (b) The Department of Human Services (acting as successor | ||||||
| 26 | to the
Department of Mental Health and Developmental | ||||||
| |||||||
| |||||||
| 1 | Disabilities) and all
public or private hospitals and mental | ||||||
| 2 | health facilities are required, as hereafter described in this | ||||||
| 3 | subsection,
to furnish the Department of State Police only such | ||||||
| 4 | information as may
be required for the sole purpose of | ||||||
| 5 | determining whether an individual who
may be or may have been a | ||||||
| 6 | patient is disqualified because of that status
from receiving | ||||||
| 7 | or retaining a Firearm Owner's Identification Card or falls | ||||||
| 8 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
| 9 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
| 10 | Identification Card Act, or falls within the federal | ||||||
| 11 | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||||||
| 12 | clinical psychologists, or qualified examiners at public or | ||||||
| 13 | private mental health facilities or parts thereof as defined in | ||||||
| 14 | this subsection shall, in the form and manner required
by the | ||||||
| 15 | Department, provide notice directly to the Department of Human | ||||||
| 16 | Services, or to his or her employer who shall then report to | ||||||
| 17 | the Department, within 24 hours after determining that a | ||||||
| 18 | patient as described in clause (2) of the definition of | ||||||
| 19 | "patient" in Section 1.1 of the Firearm Owners Identification | ||||||
| 20 | Card Act poses a clear and present danger to himself, herself, | ||||||
| 21 | or others, or is determined to be a person with a developmental | ||||||
| 22 | disability developmentally disabled. This information shall be | ||||||
| 23 | furnished within 24 hours after the physician, clinical | ||||||
| 24 | psychologist, or qualified examiner has made a determination, | ||||||
| 25 | or within 7 days after
admission to a public or private | ||||||
| 26 | hospital or mental health facility or the provision of services | ||||||
| |||||||
| |||||||
| 1 | to a patient described in clause (1) of the definition of | ||||||
| 2 | "patient" in Section 1.1 of the Firearm Owners Identification | ||||||
| 3 | Card Act. Any such information disclosed under
this subsection | ||||||
| 4 | shall
remain privileged and confidential, and shall not be | ||||||
| 5 | redisclosed, except as required by subsection (e) of Section | ||||||
| 6 | 3.1 of the Firearm Owners Identification Card Act, nor utilized
| ||||||
| 7 | for any other purpose. The method of requiring the providing of | ||||||
| 8 | such
information shall guarantee that no information is | ||||||
| 9 | released beyond what
is necessary for this purpose. In | ||||||
| 10 | addition, the information disclosed
shall be provided
by the | ||||||
| 11 | Department within the time period established by Section 24-3 | ||||||
| 12 | of the
Criminal Code of 2012 regarding the delivery of | ||||||
| 13 | firearms. The method used
shall be sufficient to provide the | ||||||
| 14 | necessary information within the
prescribed time period, which | ||||||
| 15 | may include periodically providing
lists to the Department of | ||||||
| 16 | Human Services
or any public or private hospital or mental | ||||||
| 17 | health facility of Firearm Owner's Identification Card | ||||||
| 18 | applicants
on which the Department or hospital shall indicate | ||||||
| 19 | the identities of those
individuals who are to its knowledge | ||||||
| 20 | disqualified from having a Firearm
Owner's Identification Card | ||||||
| 21 | for reasons described herein. The Department
may provide for a | ||||||
| 22 | centralized source
of information for the State on this subject | ||||||
| 23 | under its jurisdiction. The identity of the person reporting | ||||||
| 24 | under this subsection shall not be disclosed to the subject of | ||||||
| 25 | the report. For the purposes of this subsection, the physician, | ||||||
| 26 | clinical psychologist, or qualified examiner making the | ||||||
| |||||||
| |||||||
| 1 | determination and his or her employer shall not be held | ||||||
| 2 | criminally, civilly, or professionally liable for making or not | ||||||
| 3 | making the notification required under this subsection, except | ||||||
| 4 | for willful or wanton misconduct.
| ||||||
| 5 | Any person, institution, or agency, under this Act, | ||||||
| 6 | participating in
good faith in the reporting or disclosure of | ||||||
| 7 | records and communications
otherwise in accordance with this | ||||||
| 8 | provision or with rules, regulations or
guidelines issued by | ||||||
| 9 | the Department shall have immunity from any
liability, civil, | ||||||
| 10 | criminal or otherwise, that might result by reason of the
| ||||||
| 11 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
| 12 | arising out of a report or disclosure in accordance with this | ||||||
| 13 | provision,
the good faith of any person,
institution, or agency | ||||||
| 14 | so reporting or disclosing shall be presumed. The
full extent | ||||||
| 15 | of the immunity provided in this subsection (b) shall apply to
| ||||||
| 16 | any person, institution or agency that fails to make a report | ||||||
| 17 | or disclosure
in the good faith belief that the report or | ||||||
| 18 | disclosure would violate
federal regulations governing the | ||||||
| 19 | confidentiality of alcohol and drug abuse
patient records | ||||||
| 20 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
| 21 | For purposes of this subsection (b) only, the following | ||||||
| 22 | terms shall have
the meaning prescribed:
| ||||||
| 23 | (1) (Blank).
| ||||||
| 24 | (1.3) "Clear and present danger" has the meaning as | ||||||
| 25 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
| 26 | Card Act. | ||||||
| |||||||
| |||||||
| 1 | (1.5) "Person with a developmental disability" | ||||||
| 2 | Developmentally disabled" has the meaning as defined in | ||||||
| 3 | Section 1.1 of the Firearm Owners Identification Card Act.
| ||||||
| 4 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
| 5 | of the Firearm Owners Identification Card Act.
| ||||||
| 6 | (3) "Mental health facility" has the meaning as defined | ||||||
| 7 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
| 8 | Act.
| ||||||
| 9 | (c) Upon the request of a peace officer who takes a person | ||||||
| 10 | into custody
and transports such person to a mental health or | ||||||
| 11 | developmental disability
facility pursuant to Section 3-606 or | ||||||
| 12 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
| 13 | or who transports a person from such facility,
a facility | ||||||
| 14 | director shall furnish said peace officer the name, address, | ||||||
| 15 | age
and name of the nearest relative of the person transported | ||||||
| 16 | to or from the
mental health or developmental disability | ||||||
| 17 | facility. In no case shall the
facility director disclose to | ||||||
| 18 | the peace officer any information relating to the
diagnosis, | ||||||
| 19 | treatment or evaluation of the person's mental or physical | ||||||
| 20 | health.
| ||||||
| 21 | For the purposes of this subsection (c), the terms "mental | ||||||
| 22 | health or
developmental disability facility", "peace officer" | ||||||
| 23 | and "facility director"
shall have the meanings ascribed to | ||||||
| 24 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
| 25 | (d) Upon the request of a peace officer or prosecuting | ||||||
| 26 | authority who is
conducting a bona fide investigation of a | ||||||
| |||||||
| |||||||
| 1 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
| 2 | justice,
a facility director may disclose whether a person is | ||||||
| 3 | present at the facility.
Upon request of a peace officer or | ||||||
| 4 | prosecuting authority who has a valid
forcible felony warrant | ||||||
| 5 | issued, a facility director shall disclose: (1) whether
the | ||||||
| 6 | person who is the subject of the warrant is present at the | ||||||
| 7 | facility and (2)
the
date of that person's discharge or future | ||||||
| 8 | discharge from the facility.
The requesting peace officer or | ||||||
| 9 | prosecuting authority must furnish a case
number and the | ||||||
| 10 | purpose of the investigation or an outstanding arrest warrant | ||||||
| 11 | at
the time of the request. Any person, institution, or agency
| ||||||
| 12 | participating in good faith in disclosing such information in | ||||||
| 13 | accordance with
this subsection (d) is immune from any | ||||||
| 14 | liability, civil, criminal or
otherwise, that might result by | ||||||
| 15 | reason of the action.
| ||||||
| 16 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
| 17 | Section 930. The Sports Volunteer Immunity Act is amended | ||||||
| 18 | by changing Section 1 as follows:
| ||||||
| 19 | (745 ILCS 80/1) (from Ch. 70, par. 701)
| ||||||
| 20 | Sec. 1. Manager, coach, umpire or referee
negligence | ||||||
| 21 | standard. | ||||||
| 22 | (a) General rule. Except as provided otherwise in
this | ||||||
| 23 | Section, no person who, without compensation and as a | ||||||
| 24 | volunteer,
renders services as a manager, coach, instructor, | ||||||
| |||||||
| |||||||
| 1 | umpire or referee or who,
without compensation and as a | ||||||
| 2 | volunteer, assists a manager, coach,
instructor, umpire or | ||||||
| 3 | referee in a sports program of a nonprofit
association, shall | ||||||
| 4 | be liable to any
person for any civil damages as a result of | ||||||
| 5 | any acts or omissions in
rendering such services or in | ||||||
| 6 | conducting or sponsoring such sports program,
unless the | ||||||
| 7 | conduct of such person falls
substantially below the standards | ||||||
| 8 | generally practiced and accepted in like
circumstances by | ||||||
| 9 | similar persons
rendering such services or conducting or | ||||||
| 10 | sponsoring such sports programs,
and unless it is shown that | ||||||
| 11 | such person did an act
or omitted the doing of an act which | ||||||
| 12 | such person
was under a recognized duty to another to do, | ||||||
| 13 | knowing or having reason to
know that such act or omission | ||||||
| 14 | created a substantial risk of actual harm to
the person or | ||||||
| 15 | property of another. It shall be insufficient to impose
| ||||||
| 16 | liability to establish only that the conduct of such person
| ||||||
| 17 | fell below ordinary standards of care.
| ||||||
| 18 | (b) Exceptions.
| ||||||
| 19 | (1) Nothing in this Section shall be construed as | ||||||
| 20 | affecting or modifying
the liability of such person or a | ||||||
| 21 | nonprofit association for any of the following:
| ||||||
| 22 | (i) Acts or omissions relating to the | ||||||
| 23 | transportation of participants in
a sports program or | ||||||
| 24 | others to or from a game, event or practice.
| ||||||
| 25 | (ii) Acts or omissions relating to the care and | ||||||
| 26 | maintenance of real
estate unrelated to the practice or | ||||||
| |||||||
| |||||||
| 1 | playing areas which such persons or
nonprofit | ||||||
| 2 | associations own, possess or control.
| ||||||
| 3 | (2) Nothing in this Section shall be construed as | ||||||
| 4 | affecting or modifying
any existing legal basis for | ||||||
| 5 | determining the liability, or any defense
thereto, of any | ||||||
| 6 | person not covered by the standard of negligence
| ||||||
| 7 | established by this Section.
| ||||||
| 8 | (c) Assumption of risk or comparative fault. Nothing in | ||||||
| 9 | this Section
shall be construed as affecting or modifying the | ||||||
| 10 | doctrine of assumption of
risk or comparative fault on the part | ||||||
| 11 | of the participant.
| ||||||
| 12 | (d) Definitions. As used in this Act the following words | ||||||
| 13 | and
phrases shall have the meanings given to them in this | ||||||
| 14 | subsection:
| ||||||
| 15 | "Compensation" means any payment for services performed | ||||||
| 16 | but does not
include reimbursement for reasonable
expenses | ||||||
| 17 | actually incurred or to be incurred or, solely in the case of
| ||||||
| 18 | umpires or referees, a modest honorarium.
| ||||||
| 19 | "Nonprofit association" means an entity which is organized | ||||||
| 20 | as a
not-for-profit corporation under the laws of this State or | ||||||
| 21 | the United
States or a nonprofit unincorporated association or | ||||||
| 22 | any entity which is
authorized to do business
in this State as | ||||||
| 23 | a not-for-profit corporation under the laws of this State,
| ||||||
| 24 | including, but not limited to, youth or athletic associations, | ||||||
| 25 | volunteer
fire, ambulance, religious, charitable, fraternal, | ||||||
| 26 | veterans, civic, county
fair or agricultural associations, or | ||||||
| |||||||
| |||||||
| 1 | any separately chartered auxiliary of
the foregoing, if | ||||||
| 2 | organized and operated on a nonprofit basis.
| ||||||
| 3 | "Sports program" means baseball (including softball), | ||||||
| 4 | football, basketball,
soccer or any other competitive sport | ||||||
| 5 | formally recognized as a sport by the
United States Olympic | ||||||
| 6 | Committee as specified by and under the jurisdiction
of the | ||||||
| 7 | Amateur Sports Act of 1978 (36 U.S.C. 371 et
seq.), the Amateur | ||||||
| 8 | Athletic Union or the National Collegiate Athletic
| ||||||
| 9 | Association. The term shall be limited to a program or that | ||||||
| 10 | portion of a
program that is organized for recreational | ||||||
| 11 | purposes and whose activities
are substantially for such | ||||||
| 12 | purposes and which is primarily for participants
who are 18 | ||||||
| 13 | years of age or younger or whose 19th birthday occurs during | ||||||
| 14 | the
year of participation or the competitive season, whichever | ||||||
| 15 | is longer.
There shall, however, be no age limitation for | ||||||
| 16 | programs operated for persons with physical or intellectual | ||||||
| 17 | disabilities the
physically handicapped or intellectually | ||||||
| 18 | disabled.
| ||||||
| 19 | (e) Nothing in this Section is intended to bar any cause of | ||||||
| 20 | action
against a nonprofit association or change the liability | ||||||
| 21 | of such an
association which arises out of an act or omission | ||||||
| 22 | of any person exempt
from liability under this Act.
| ||||||
| 23 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 24 | Section 935. The Predator Accountability Act is amended by | ||||||
| 25 | changing Section 10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (740 ILCS 128/10)
| ||||||
| 2 | Sec. 10. Definitions. As used in this Act: | ||||||
| 3 | "Sex trade" means any act, which if proven beyond a | ||||||
| 4 | reasonable doubt could support a conviction for a violation or | ||||||
| 5 | attempted violation of any of the following Sections of the | ||||||
| 6 | Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 | ||||||
| 7 | (promoting prostitution); 11-14.4 (promoting juvenile | ||||||
| 8 | prostitution); 11-15 (soliciting for a prostitute); 11-15.1 | ||||||
| 9 | (soliciting for a juvenile prostitute); 11-16 (pandering); | ||||||
| 10 | 11-17 (keeping a place of prostitution); 11-17.1 (keeping a | ||||||
| 11 | place of juvenile prostitution); 11-19 (pimping); 11-19.1 | ||||||
| 12 | (juvenile pimping and aggravated juvenile pimping); 11-19.2 | ||||||
| 13 | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child | ||||||
| 14 | pornography); or 11-20.1B or 11-20.3 (aggravated child | ||||||
| 15 | pornography); or Section 10-9 (trafficking in persons and | ||||||
| 16 | involuntary servitude). | ||||||
| 17 | "Sex trade" activity may involve adults and youth of all | ||||||
| 18 | genders and sexual orientations.
| ||||||
| 19 | "Victim of the sex trade" means, for the following sex | ||||||
| 20 | trade acts, the person or persons indicated: | ||||||
| 21 | (1) soliciting for a prostitute: the prostitute who is | ||||||
| 22 | the object of the solicitation; | ||||||
| 23 | (2) soliciting for a juvenile prostitute: the juvenile | ||||||
| 24 | prostitute, or person with a severe or profound | ||||||
| 25 | intellectual disability severely or profoundly | ||||||
| |||||||
| |||||||
| 1 | intellectually disabled person, who is the object of the | ||||||
| 2 | solicitation; | ||||||
| 3 | (3) promoting prostitution as described in subdivision | ||||||
| 4 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
| 5 | Code of 1961 or the Criminal Code of 2012, or pandering: | ||||||
| 6 | the person intended or compelled to act as a prostitute; | ||||||
| 7 | (4) keeping a place of prostitution: any person | ||||||
| 8 | intended or compelled to act as a prostitute, while present | ||||||
| 9 | at the place, during the time period in question; | ||||||
| 10 | (5) keeping a place of juvenile prostitution: any | ||||||
| 11 | juvenile intended or compelled to act as a prostitute, | ||||||
| 12 | while present at the place, during the time period in | ||||||
| 13 | question; | ||||||
| 14 | (6) promoting prostitution as described in subdivision | ||||||
| 15 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | ||||||
| 16 | or the Criminal Code of 2012, or pimping: the prostitute | ||||||
| 17 | from whom anything of value is received; | ||||||
| 18 | (7) promoting juvenile prostitution as described in | ||||||
| 19 | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 21 | juvenile pimping and aggravated juvenile pimping: the | ||||||
| 22 | juvenile, or person with a severe or profound intellectual | ||||||
| 23 | disability severely or profoundly intellectually disabled | ||||||
| 24 | person, from whom anything of value is received for that | ||||||
| 25 | person's act of prostitution; | ||||||
| 26 | (8) promoting juvenile prostitution as described in | ||||||
| |||||||
| |||||||
| 1 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||||||
| 2 | of 1961 or the Criminal Code of 2012, or exploitation of a | ||||||
| 3 | child: the juvenile, or person with a severe or profound | ||||||
| 4 | intellectual disability severely or profoundly | ||||||
| 5 | intellectually disabled person, intended or compelled to | ||||||
| 6 | act as a prostitute or from whom anything of value is | ||||||
| 7 | received for that person's act of prostitution; | ||||||
| 8 | (9) obscenity: any person who appears in or is | ||||||
| 9 | described or depicted in the offending conduct or material; | ||||||
| 10 | (10) child pornography or aggravated child | ||||||
| 11 | pornography: any child, or person with a severe or profound | ||||||
| 12 | intellectual disability severely or profoundly | ||||||
| 13 | intellectually disabled person, who appears in or is | ||||||
| 14 | described or depicted in the offending conduct or material; | ||||||
| 15 | or | ||||||
| 16 | (11) trafficking of persons or involuntary servitude: | ||||||
| 17 | a "trafficking victim" as defined in Section 10-9 of the | ||||||
| 18 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 19 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
| 20 | 97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13; | ||||||
| 21 | 97-1150, eff. 1-25-13.)
| ||||||
| 22 | Section 940. The Illinois Marriage and Dissolution of | ||||||
| 23 | Marriage Act is amended by changing Sections 216, 513, 601, and | ||||||
| 24 | 607 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (750 ILCS 5/216) (from Ch. 40, par. 216)
| ||||||
| 2 | Sec. 216.
Prohibited Marriages Void if Contracted in | ||||||
| 3 | Another
State.) That if any person residing and intending to | ||||||
| 4 | continue
to reside in this state and who is a person with a | ||||||
| 5 | disability disabled or prohibited from
contracting marriage | ||||||
| 6 | under the laws of this state, shall go into
another state or | ||||||
| 7 | country and there contract a marriage prohibited
and declared | ||||||
| 8 | void by the laws of this state, such marriage shall
be null and | ||||||
| 9 | void for all purposes in this state with the same
effect as | ||||||
| 10 | though such prohibited marriage had been entered
into in this | ||||||
| 11 | state.
| ||||||
| 12 | (Source: P.A. 80-923.)
| ||||||
| 13 | (750 ILCS 5/513) (from Ch. 40, par. 513)
| ||||||
| 14 | Sec. 513. Support for Non-minor Children and Educational | ||||||
| 15 | Expenses.
| ||||||
| 16 | (a) The court may award sums of money out of the property | ||||||
| 17 | and income of
either or both parties or the estate of a | ||||||
| 18 | deceased parent, as equity may
require, for the support of the | ||||||
| 19 | child or children of the parties who have
attained majority in | ||||||
| 20 | the following instances:
| ||||||
| 21 | (1) When the child is a person with a mental or | ||||||
| 22 | physical disability mentally or physically disabled and | ||||||
| 23 | not otherwise
emancipated, an application for support may | ||||||
| 24 | be made before or after the child
has attained majority.
| ||||||
| 25 | (2) The court may also make provision for the | ||||||
| |||||||
| |||||||
| 1 | educational expenses of the
child or children of the | ||||||
| 2 | parties, whether of minor or majority age, and an
| ||||||
| 3 | application for educational expenses may be made before or | ||||||
| 4 | after the child has
attained majority, or after the death | ||||||
| 5 | of either parent. The authority under
this Section to make | ||||||
| 6 | provision for educational expenses extends not only to
| ||||||
| 7 | periods of college education or professional or other | ||||||
| 8 | training after graduation
from high school, but also to any | ||||||
| 9 | period during which the child of the parties
is still | ||||||
| 10 | attending high school, even though he or she attained the | ||||||
| 11 | age of
19.
The educational expenses may include, but shall | ||||||
| 12 | not be limited to, room, board,
dues, tuition, | ||||||
| 13 | transportation, books, fees, registration and application | ||||||
| 14 | costs,
medical expenses including medical insurance, | ||||||
| 15 | dental expenses, and living
expenses during the school year | ||||||
| 16 | and periods of recess, which sums may be
ordered payable to | ||||||
| 17 | the child, to either parent, or to the educational
| ||||||
| 18 | institution, directly or through a special account or trust | ||||||
| 19 | created for
that purpose, as the court sees fit.
| ||||||
| 20 | If educational expenses are ordered payable, each | ||||||
| 21 | parent and the child
shall
sign any consents necessary for | ||||||
| 22 | the educational institution to provide the
supporting | ||||||
| 23 | parent with access to the child's academic transcripts, | ||||||
| 24 | records, and
grade reports. The consents shall not apply to | ||||||
| 25 | any non-academic records.
Failure to execute the required | ||||||
| 26 | consent may be a basis for a modification or
termination of | ||||||
| |||||||
| |||||||
| 1 | any order entered under this Section. Unless the court | ||||||
| 2 | specifically finds that the child's safety would be | ||||||
| 3 | jeopardized, each parent is entitled to know the name of | ||||||
| 4 | the educational institution the child attends. This | ||||||
| 5 | amendatory Act of the 95th General Assembly applies to all | ||||||
| 6 | orders entered under this paragraph (2) on or after the | ||||||
| 7 | effective date of this amendatory Act of the 95th General | ||||||
| 8 | Assembly.
| ||||||
| 9 | The authority under this Section to make provision for | ||||||
| 10 | educational
expenses, except where the child is a person | ||||||
| 11 | with a mental or physical disability mentally or physically | ||||||
| 12 | disabled and not
otherwise emancipated, terminates when | ||||||
| 13 | the child receives
a baccalaureate degree.
| ||||||
| 14 | (b) In making awards under paragraph (1) or (2) of | ||||||
| 15 | subsection (a), or
pursuant to a petition or motion to | ||||||
| 16 | decrease, modify, or terminate any such
award, the court shall | ||||||
| 17 | consider all relevant factors that appear reasonable
and | ||||||
| 18 | necessary, including:
| ||||||
| 19 | (1) The financial resources of both parents.
| ||||||
| 20 | (2) The standard of living the child would have enjoyed | ||||||
| 21 | had the marriage
not been dissolved.
| ||||||
| 22 | (3) The financial resources of the child.
| ||||||
| 23 | (4) The child's academic performance.
| ||||||
| 24 | (Source: P.A. 95-954, eff. 8-29-08.)
| ||||||
| 25 | (750 ILCS 5/601) (from Ch. 40, par. 601)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 601. Jurisdiction; Commencement of Proceeding.
| ||||||
| 2 | (a) A court of this State competent to decide child custody | ||||||
| 3 | matters has
jurisdiction to make a child custody determination | ||||||
| 4 | in original or modification
proceedings as provided in Section | ||||||
| 5 | 201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
| 6 | Act as
adopted by this State.
| ||||||
| 7 | (b) A child custody proceeding is commenced in the court:
| ||||||
| 8 | (1) by a parent, by filing a petition:
| ||||||
| 9 | (i) for dissolution of marriage or legal | ||||||
| 10 | separation or declaration
of invalidity of marriage; | ||||||
| 11 | or
| ||||||
| 12 | (ii) for custody of the child, in the county in | ||||||
| 13 | which he is
permanently resident or found;
| ||||||
| 14 | (2) by a person other than a parent, by filing a | ||||||
| 15 | petition for
custody of the child in the county in which he | ||||||
| 16 | is permanently resident
or found, but only if he is not in | ||||||
| 17 | the physical custody of one of his
parents; or
| ||||||
| 18 | (3) by a stepparent, by filing a petition, if all of | ||||||
| 19 | the following
circumstances are met:
| ||||||
| 20 | (A) the child is at least 12 years old;
| ||||||
| 21 | (B) the custodial parent and stepparent were | ||||||
| 22 | married for at least 5
years during which the child | ||||||
| 23 | resided with the parent and stepparent;
| ||||||
| 24 | (C) the custodial parent is deceased or is a person | ||||||
| 25 | with a disability disabled and cannot perform
the | ||||||
| 26 | duties of a parent to the child;
| ||||||
| |||||||
| |||||||
| 1 | (D) the stepparent provided for the care, control, | ||||||
| 2 | and welfare to the
child prior to the initiation of | ||||||
| 3 | custody proceedings;
| ||||||
| 4 | (E) the child wishes to live with the stepparent; | ||||||
| 5 | and
| ||||||
| 6 | (F) it is alleged to be in the best interests and | ||||||
| 7 | welfare of the
child to live with the stepparent as | ||||||
| 8 | provided in Section 602 of this Act; or . | ||||||
| 9 | (4) when When one of the parents is deceased, by a | ||||||
| 10 | grandparent who is a parent or stepparent of a deceased | ||||||
| 11 | parent, by filing a petition, if one or more of the | ||||||
| 12 | following existed at the time of the parent's death: | ||||||
| 13 | (A) the surviving parent had been absent from the | ||||||
| 14 | marital abode for more than one month without the | ||||||
| 15 | deceased spouse knowing his or her whereabouts; | ||||||
| 16 | (B) the surviving parent was in State or federal | ||||||
| 17 | custody; or | ||||||
| 18 | (C) the surviving parent had: (i) received | ||||||
| 19 | supervision for or been convicted of any violation of | ||||||
| 20 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 21 | 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||||||
| 22 | 19-6, or Article 12 of the Criminal Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012 directed towards the deceased | ||||||
| 24 | parent or the child; or (ii) received supervision or | ||||||
| 25 | been convicted of violating an order of protection | ||||||
| 26 | entered under Section 217, 218, or 219 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Domestic Violence Act of 1986 for the protection of the | ||||||
| 2 | deceased parent or the child.
| ||||||
| 3 | (c) Notice of a child custody proceeding, including an | ||||||
| 4 | action
for modification of a previous custody order, shall be | ||||||
| 5 | given to the
child's parents, guardian and custodian, who may | ||||||
| 6 | appear, be heard, and
file a responsive pleading. The court, | ||||||
| 7 | upon showing of good cause, may
permit intervention of other | ||||||
| 8 | interested parties.
| ||||||
| 9 | (d) Proceedings for modification of a previous custody | ||||||
| 10 | order
commenced more than 30 days following the entry of a | ||||||
| 11 | previous custody order
must be initiated by serving a written | ||||||
| 12 | notice and a copy of the petition
for modification upon the | ||||||
| 13 | child's parent, guardian and custodian at least
30 days prior | ||||||
| 14 | to hearing on the petition. Nothing in this Section shall
| ||||||
| 15 | preclude a party in custody modification proceedings from | ||||||
| 16 | moving for a
temporary order under Section 603 of this Act.
| ||||||
| 17 | (e) (Blank). | ||||||
| 18 | (f) The court shall, at the court's discretion or upon the | ||||||
| 19 | request of any party entitled to petition for custody of the | ||||||
| 20 | child, appoint a guardian ad litem to represent the best | ||||||
| 21 | interest of the child for the duration of the custody | ||||||
| 22 | proceeding or for any modifications of any custody orders | ||||||
| 23 | entered. Nothing in this Section shall be construed to prevent | ||||||
| 24 | the court from appointing the same guardian ad litem for 2 or | ||||||
| 25 | more children that are siblings or half-siblings.
| ||||||
| 26 | (Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||||||
| |||||||
| |||||||
| 1 | (750 ILCS 5/607) (from Ch. 40, par. 607)
| ||||||
| 2 | Sec. 607. Visitation.
| ||||||
| 3 | (a) A parent not granted custody of the child
is entitled | ||||||
| 4 | to reasonable visitation rights unless the court finds,
after a | ||||||
| 5 | hearing, that visitation would endanger seriously the child's
| ||||||
| 6 | physical, mental, moral or emotional health. If the custodian's | ||||||
| 7 | street
address is not identified, pursuant to Section 708, the | ||||||
| 8 | court shall require
the parties to identify reasonable | ||||||
| 9 | alternative arrangements for visitation
by a non-custodial | ||||||
| 10 | parent, including but not limited to visitation of the
minor | ||||||
| 11 | child at the residence of another person or at a local public | ||||||
| 12 | or
private facility.
| ||||||
| 13 | (1) "Visitation" means in-person time spent between a | ||||||
| 14 | child and the child's parent. In appropriate | ||||||
| 15 | circumstances, it may include electronic communication | ||||||
| 16 | under conditions and at times determined by the court. | ||||||
| 17 | (2) "Electronic communication" means time that a | ||||||
| 18 | parent spends with his or her child during which the child | ||||||
| 19 | is not in the parent's actual physical custody, but which | ||||||
| 20 | is facilitated by the use of communication tools such as | ||||||
| 21 | the telephone, electronic mail, instant messaging, video | ||||||
| 22 | conferencing or other wired or wireless technologies via | ||||||
| 23 | the Internet, or another medium of communication.
| ||||||
| 24 | (a-3) Grandparents, great-grandparents, and siblings of a | ||||||
| 25 | minor child, who is one year old or older, have standing to | ||||||
| |||||||
| |||||||
| 1 | bring an action in circuit court by petition, requesting | ||||||
| 2 | visitation in accordance with this Section. The term "sibling" | ||||||
| 3 | in this Section means a brother, sister, stepbrother, or | ||||||
| 4 | stepsister of the minor child. Grandparents, | ||||||
| 5 | great-grandparents, and siblings also have standing to file a | ||||||
| 6 | petition for visitation and any electronic communication
| ||||||
| 7 | rights in a pending dissolution proceeding or any other | ||||||
| 8 | proceeding that involves custody or visitation issues, | ||||||
| 9 | requesting visitation in accordance with this Section. A | ||||||
| 10 | petition for visitation with a child by a person other than a | ||||||
| 11 | parent must be filed in the county in which the child resides. | ||||||
| 12 | Nothing in this subsection (a-3) and subsection (a-5) of this | ||||||
| 13 | Section shall apply to a child in whose interests a petition is | ||||||
| 14 | pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||||||
| 15 | a petition to adopt an unrelated child is pending under the | ||||||
| 16 | Adoption Act. | ||||||
| 17 | (a-5)(1) Except as otherwise provided in this subsection | ||||||
| 18 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
| 19 | a
petition for
visitation rights to a minor child if there is | ||||||
| 20 | an unreasonable denial of visitation by a parent and at least | ||||||
| 21 | one
of the
following conditions exists: | ||||||
| 22 | (A) (Blank); | ||||||
| 23 | (A-5) the child's other parent is deceased or has been | ||||||
| 24 | missing for at least 3 months. For the purposes of this | ||||||
| 25 | Section a parent is considered to be missing if the | ||||||
| 26 | parent's location has not been determined and the parent | ||||||
| |||||||
| |||||||
| 1 | has been reported as missing to a law enforcement agency;
| ||||||
| 2 | (A-10) a parent of the child is incompetent as a matter | ||||||
| 3 | of law;
| ||||||
| 4 | (A-15) a parent has been incarcerated in jail or prison | ||||||
| 5 | during the 3 month period preceding the filing of the | ||||||
| 6 | petition;
| ||||||
| 7 | (B) the child's mother and father are divorced or have | ||||||
| 8 | been legally separated from
each other or there is pending | ||||||
| 9 | a dissolution proceeding involving a parent of the child or | ||||||
| 10 | another court proceeding involving custody or visitation | ||||||
| 11 | of the child (other than any adoption proceeding of an | ||||||
| 12 | unrelated child) and at least one parent does not object to | ||||||
| 13 | the grandparent, great-grandparent, or sibling having | ||||||
| 14 | visitation with the child. The visitation of the | ||||||
| 15 | grandparent, great-grandparent, or sibling must not | ||||||
| 16 | diminish the visitation of the parent who is not related to | ||||||
| 17 | the grandparent, great-grandparent, or sibling seeking | ||||||
| 18 | visitation; | ||||||
| 19 | (C) (Blank); | ||||||
| 20 | (D) the child is born out of wedlock, the parents are | ||||||
| 21 | not living together, and the petitioner is a maternal | ||||||
| 22 | grandparent, great-grandparent, or sibling of the child | ||||||
| 23 | born out of wedlock; or | ||||||
| 24 | (E) the child is born out of wedlock, the parents are | ||||||
| 25 | not living together, the petitioner is a paternal | ||||||
| 26 | grandparent, great-grandparent, or sibling, and the | ||||||
| |||||||
| |||||||
| 1 | paternity has been established by a court of competent | ||||||
| 2 | jurisdiction. | ||||||
| 3 | (2) Any visitation rights granted pursuant to this Section | ||||||
| 4 | before the filing of a petition for adoption of a child shall | ||||||
| 5 | automatically terminate by operation of law upon the entry of | ||||||
| 6 | an order terminating parental rights or granting the adoption | ||||||
| 7 | of the child, whichever is earlier. If the person or persons | ||||||
| 8 | who adopted the child are related to the child, as defined by | ||||||
| 9 | Section 1 of the Adoption Act, any person who was related to | ||||||
| 10 | the child as grandparent, great-grandparent, or sibling prior | ||||||
| 11 | to the adoption shall have standing to bring an action pursuant | ||||||
| 12 | to this Section requesting visitation with the child.
| ||||||
| 13 | (3) In making a determination under this subsection (a-5), | ||||||
| 14 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
| 15 | and decisions regarding grandparent,
great-grandparent, or | ||||||
| 16 | sibling visitation are not harmful to the child's mental, | ||||||
| 17 | physical, or emotional health. The
burden is on the
party | ||||||
| 18 | filing a petition under this Section to prove that the
parent's | ||||||
| 19 | actions and
decisions regarding visitation times are harmful to | ||||||
| 20 | the child's mental, physical, or emotional health. | ||||||
| 21 | (4) In determining whether to grant visitation, the court | ||||||
| 22 | shall consider the following:
| ||||||
| 23 | (A) the preference of the child if the child is | ||||||
| 24 | determined to be of sufficient maturity to express a | ||||||
| 25 | preference; | ||||||
| 26 | (B) the mental and physical health of the child; | ||||||
| |||||||
| |||||||
| 1 | (C) the mental and physical health of the grandparent, | ||||||
| 2 | great-grandparent, or sibling; | ||||||
| 3 | (D) the length and quality of the prior relationship | ||||||
| 4 | between the child and the grandparent, great-grandparent, | ||||||
| 5 | or sibling;
| ||||||
| 6 | (E) the good faith of the party in filing the petition;
| ||||||
| 7 | (F) the good faith of the person denying visitation; | ||||||
| 8 | (G) the quantity of the visitation time requested and | ||||||
| 9 | the potential adverse impact that visitation would have on | ||||||
| 10 | the child's customary activities; | ||||||
| 11 | (H) whether the child resided with the petitioner for | ||||||
| 12 | at least
6 consecutive months with or without the current | ||||||
| 13 | custodian present; | ||||||
| 14 | (I) whether the petitioner had frequent or regular | ||||||
| 15 | contact or visitation with the child for at least 12 | ||||||
| 16 | consecutive months;
| ||||||
| 17 | (J) any other fact that establishes that the loss of | ||||||
| 18 | the relationship between the petitioner and the child is | ||||||
| 19 | likely to harm the child's mental, physical, or emotional | ||||||
| 20 | health; and | ||||||
| 21 | (K) whether the grandparent, great-grandparent, or | ||||||
| 22 | sibling was a primary caretaker of the child for a period | ||||||
| 23 | of not less than 6 consecutive months.
| ||||||
| 24 | (5) The court may order visitation rights for the | ||||||
| 25 | grandparent, great-grandparent, or sibling that include | ||||||
| 26 | reasonable access without requiring overnight or possessory | ||||||
| |||||||
| |||||||
| 1 | visitation.
| ||||||
| 2 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
| 3 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
| 4 | order may be made earlier than 2 years after the date the order | ||||||
| 5 | was filed, unless the court permits it to be made on the basis | ||||||
| 6 | of affidavits that there is reason to believe the child's | ||||||
| 7 | present environment may endanger seriously the child's mental, | ||||||
| 8 | physical, or emotional health. | ||||||
| 9 | (2) The court shall not modify an order that grants | ||||||
| 10 | visitation to a grandparent, great-grandparent, or sibling | ||||||
| 11 | unless it finds by clear and convincing evidence, upon the | ||||||
| 12 | basis of facts that have arisen since the prior visitation | ||||||
| 13 | order or that were unknown to the court at the time of entry of | ||||||
| 14 | the prior visitation, that a change has occurred in the | ||||||
| 15 | circumstances of the child or his or her custodian, and that | ||||||
| 16 | the modification is necessary to protect the mental, physical, | ||||||
| 17 | or emotional health of the child. The court shall state in its | ||||||
| 18 | decision specific findings of fact in support of its | ||||||
| 19 | modification or termination of the grandparent, | ||||||
| 20 | great-grandparent, or sibling visitation. A child's parent may | ||||||
| 21 | always petition to modify visitation upon changed | ||||||
| 22 | circumstances when necessary to promote the child's best | ||||||
| 23 | interest. | ||||||
| 24 | (3) Attorney fees and costs shall be assessed against a | ||||||
| 25 | party seeking modification of the visitation order if the court | ||||||
| 26 | finds that the modification action is vexatious and constitutes | ||||||
| |||||||
| |||||||
| 1 | harassment. | ||||||
| 2 | (4) Notice under this subsection (a-7) shall be given as | ||||||
| 3 | provided in subsections (c) and (d) of Section 601.
| ||||||
| 4 | (b) (1) (Blank.)
| ||||||
| 5 | (1.5) The Court may grant reasonable visitation privileges | ||||||
| 6 | to a stepparent
upon petition to the court by the stepparent, | ||||||
| 7 | with notice to the parties
required to be notified under | ||||||
| 8 | Section 601 of this Act, if the court determines
that it is in | ||||||
| 9 | the best interests and welfare of the child, and may issue any
| ||||||
| 10 | necessary orders to enforce those visitation privileges.
A | ||||||
| 11 | petition for visitation privileges may be filed under this | ||||||
| 12 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
| 13 | has been previously filed or is
currently pending if the | ||||||
| 14 | following
circumstances are met:
| ||||||
| 15 | (A) the child is at least 12 years old;
| ||||||
| 16 | (B) the child resided continuously with the parent and | ||||||
| 17 | stepparent for at
least 5 years;
| ||||||
| 18 | (C) the parent is deceased or is a person with a | ||||||
| 19 | disability disabled and is unable to care for the
child;
| ||||||
| 20 | (D) the child wishes to have reasonable visitation with | ||||||
| 21 | the stepparent;
and
| ||||||
| 22 | (E) the stepparent was providing for the care, control, | ||||||
| 23 | and welfare to the
child prior to the initiation of the | ||||||
| 24 | petition for visitation.
| ||||||
| 25 | (2)(A) A petition for visitation privileges shall not be | ||||||
| 26 | filed pursuant
to this subsection (b) by the parents or | ||||||
| |||||||
| |||||||
| 1 | grandparents of a putative father
if the paternity of the | ||||||
| 2 | putative father has not been legally established.
| ||||||
| 3 | (B) A petition for visitation privileges may not be filed | ||||||
| 4 | under
this subsection (b) if the child who is the subject of | ||||||
| 5 | the
grandparents' or great-grandparents' petition has been | ||||||
| 6 | voluntarily
surrendered by the parent or parents, except for a | ||||||
| 7 | surrender to the
Illinois Department of Children and Family | ||||||
| 8 | Services or a foster care
facility, or has been previously | ||||||
| 9 | adopted by an individual or individuals
who are not related to | ||||||
| 10 | the biological parents of the child or is the
subject of a | ||||||
| 11 | pending adoption petition by an individual or individuals who
| ||||||
| 12 | are not related to the biological parents of the child.
| ||||||
| 13 | (3) (Blank).
| ||||||
| 14 | (c) The court may modify an order granting or denying | ||||||
| 15 | visitation
rights of a parent whenever modification would serve | ||||||
| 16 | the best interest of
the child;
but the court shall not | ||||||
| 17 | restrict a parent's visitation rights unless it
finds that the | ||||||
| 18 | visitation would endanger seriously the child's physical,
| ||||||
| 19 | mental, moral or emotional health.
| ||||||
| 20 | (d) If any court has entered an order prohibiting a | ||||||
| 21 | non-custodial parent
of a child from any contact with a child
| ||||||
| 22 | or restricting the non-custodial parent's contact with the | ||||||
| 23 | child, the
following provisions shall apply:
| ||||||
| 24 | (1) If an order has been entered granting visitation | ||||||
| 25 | privileges with the
child to a grandparent or | ||||||
| 26 | great-grandparent who is related to the child through
the | ||||||
| |||||||
| |||||||
| 1 | non-custodial parent, the visitation privileges of the | ||||||
| 2 | grandparent or
great-grandparent may be revoked if:
| ||||||
| 3 | (i) a court has entered an order prohibiting the | ||||||
| 4 | non-custodial parent
from any contact with the child, | ||||||
| 5 | and the grandparent or great-grandparent is
found to | ||||||
| 6 | have used his or her visitation privileges to | ||||||
| 7 | facilitate contact
between the child and the | ||||||
| 8 | non-custodial parent; or
| ||||||
| 9 | (ii) a court has entered an order restricting the | ||||||
| 10 | non-custodial parent's
contact with the child, and the | ||||||
| 11 | grandparent or great-grandparent is found to
have used | ||||||
| 12 | his or her visitation privileges to facilitate contact
| ||||||
| 13 | between the child and the non-custodial parent in a | ||||||
| 14 | manner that violates the
terms of the order restricting | ||||||
| 15 | the non-custodial parent's contact with the
child.
| ||||||
| 16 | Nothing in this subdivision (1) limits the authority of | ||||||
| 17 | the court to
enforce its orders in any manner permitted by | ||||||
| 18 | law.
| ||||||
| 19 | (2) Any order granting visitation privileges with the | ||||||
| 20 | child to a
grandparent or great-grandparent who is related | ||||||
| 21 | to the child through the
non-custodial parent shall contain | ||||||
| 22 | the following provision:
| ||||||
| 23 | "If the (grandparent or great-grandparent, whichever | ||||||
| 24 | is applicable) who has
been granted visitation privileges | ||||||
| 25 | under this order uses the visitation
privileges to | ||||||
| 26 | facilitate contact between the child and the child's
| ||||||
| |||||||
| |||||||
| 1 | non-custodial parent, the visitation privileges granted | ||||||
| 2 | under this order shall
be permanently revoked."
| ||||||
| 3 | (e) No parent, not granted custody of the child, or | ||||||
| 4 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
| 5 | of any minor child, convicted
of any offense
involving an | ||||||
| 6 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
| 7 | age including but not limited to offenses for violations of | ||||||
| 8 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||||||
| 9 | or Article 12 of the
Criminal Code of 1961 or the Criminal Code | ||||||
| 10 | of 2012, is entitled to visitation rights while incarcerated
or | ||||||
| 11 | while on parole, probation, conditional discharge, periodic
| ||||||
| 12 | imprisonment, or
mandatory supervised release for that | ||||||
| 13 | offense, and upon discharge from
incarceration for a | ||||||
| 14 | misdemeanor offense or upon discharge from parole,
probation, | ||||||
| 15 | conditional discharge, periodic imprisonment,
or mandatory | ||||||
| 16 | supervised release for a felony offense, visitation shall be
| ||||||
| 17 | denied until the person successfully completes a treatment | ||||||
| 18 | program approved
by the court.
| ||||||
| 19 | (f) Unless the court determines, after considering all | ||||||
| 20 | relevant factors,
including but not limited to those set forth | ||||||
| 21 | in Section 602(a), that it would
be in the best interests of | ||||||
| 22 | the child to allow visitation, the court shall not
enter an | ||||||
| 23 | order providing visitation rights and pursuant to a motion to | ||||||
| 24 | modify
visitation shall revoke visitation rights previously | ||||||
| 25 | granted to any
person who would otherwise be entitled to | ||||||
| 26 | petition for visitation rights under
this Section who has been | ||||||
| |||||||
| |||||||
| 1 | convicted of first degree murder of the parent,
grandparent, | ||||||
| 2 | great-grandparent, or sibling of the child who is the subject | ||||||
| 3 | of
the order. Until an order is entered pursuant to this | ||||||
| 4 | subsection, no person
shall visit, with
the child present, a | ||||||
| 5 | person who has been convicted of first degree murder of
the | ||||||
| 6 | parent, grandparent, great-grandparent, or sibling of the | ||||||
| 7 | child
without the consent of the child's parent, other than a | ||||||
| 8 | parent convicted of
first degree murder as set forth herein, or | ||||||
| 9 | legal
guardian.
| ||||||
| 10 | (g) (Blank).
| ||||||
| 11 | (h) Upon motion, the court may allow a parent who is | ||||||
| 12 | deployed or who has orders to be deployed as a member of the | ||||||
| 13 | United States Armed Forces to designate a person known to the | ||||||
| 14 | child to exercise reasonable substitute visitation on behalf of | ||||||
| 15 | the deployed parent, if the court determines that substitute | ||||||
| 16 | visitation is in the best interest of the child. In determining | ||||||
| 17 | whether substitute visitation is in the best interest of the | ||||||
| 18 | child, the court shall consider all of the relevant factors | ||||||
| 19 | listed in subsection (a) of Section 602 and apply those factors | ||||||
| 20 | to the person designated as a substitute for the deployed | ||||||
| 21 | parent for visitation purposes. | ||||||
| 22 | (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; | ||||||
| 23 | 97-1150, eff. 1-25-13.)
| ||||||
| 24 | Section 945. The Adoption Act is amended by changing | ||||||
| 25 | Section 12 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (750 ILCS 50/12) (from Ch. 40, par. 1514)
| ||||||
| 2 | Sec. 12. Consent of child or adult.
If, upon the date of | ||||||
| 3 | the entry of the judgment the person sought to be
adopted is of | ||||||
| 4 | the age of 14 years or upwards, the adoption shall not be
made | ||||||
| 5 | without the consent of such person. Such consent shall be in | ||||||
| 6 | writing
and shall be acknowledged by such person as provided in | ||||||
| 7 | Section 10 of this
Act, provided, that if such person is in | ||||||
| 8 | need of mental treatment or is a person with an intellectual | ||||||
| 9 | disability intellectually disabled, the court may waive the | ||||||
| 10 | provisions of this Section.
No consent shall be required under | ||||||
| 11 | this Section if the person sought to
be adopted has died before | ||||||
| 12 | giving such consent.
| ||||||
| 13 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 14 | Section 950. The Address Confidentiality for Victims of | ||||||
| 15 | Domestic Violence Act is amended by changing Section 15 as | ||||||
| 16 | follows:
| ||||||
| 17 | (750 ILCS 61/15)
| ||||||
| 18 | Sec. 15.
Address confidentiality
program; application; | ||||||
| 19 | certification.
| ||||||
| 20 | (a) An adult person, a parent or guardian acting on behalf | ||||||
| 21 | of a
minor, or a guardian acting on behalf of a person with a | ||||||
| 22 | disability disabled person, as
defined in Article 11a of the | ||||||
| 23 | Probate Act of 1975, may apply to the Attorney
General to have | ||||||
| |||||||
| |||||||
| 1 | an
address designated by the Attorney General serve as the | ||||||
| 2 | person's address
or the address of the minor or person with a | ||||||
| 3 | disability disabled person. The Attorney General
shall approve | ||||||
| 4 | an application if it is filed in the manner and on the form
| ||||||
| 5 | prescribed by him or her and if it contains:
| ||||||
| 6 | (1) a sworn statement by the applicant that the | ||||||
| 7 | applicant has good
reason to believe (i) that the | ||||||
| 8 | applicant, or the minor or person with a disability | ||||||
| 9 | disabled
person on whose behalf the application is made, is | ||||||
| 10 | a victim of domestic
violence; and (ii) that the applicant | ||||||
| 11 | fears for his or her safety or his or
her children's | ||||||
| 12 | safety, or the safety of the minor or person with a | ||||||
| 13 | disability disabled person
on whose behalf the application | ||||||
| 14 | is made;
| ||||||
| 15 | (2) a designation of the Attorney General as agent for | ||||||
| 16 | purposes of
service of process and receipt of mail;
| ||||||
| 17 | (3) the mailing address where the applicant can be | ||||||
| 18 | contacted by the
Attorney General, and the phone number or | ||||||
| 19 | numbers where the applicant
can be called by the Attorney | ||||||
| 20 | General;
| ||||||
| 21 | (4) the new address or addresses that the applicant | ||||||
| 22 | requests not be
disclosed for the reason that disclosure | ||||||
| 23 | will increase the risk of domestic
violence; and
| ||||||
| 24 | (5) the signature of the applicant and of any | ||||||
| 25 | individual or
representative of any office designated in | ||||||
| 26 | writing under Section 40 of this Act
who
assisted in the | ||||||
| |||||||
| |||||||
| 1 | preparation of the application, and the date on which the
| ||||||
| 2 | applicant signed the application.
| ||||||
| 3 | (b) Applications shall be filed with the office of the | ||||||
| 4 | Attorney General.
| ||||||
| 5 | (c) Upon filing a properly completed application, the | ||||||
| 6 | Attorney General shall
certify the applicant as a program | ||||||
| 7 | participant. Applicants
shall be certified for 4 years | ||||||
| 8 | following the date of filing unless the
certification is | ||||||
| 9 | withdrawn or invalidated before that date. The Attorney
General | ||||||
| 10 | shall by rule establish a renewal procedure.
| ||||||
| 11 | (d) A person who falsely attests in an application that | ||||||
| 12 | disclosure
of the applicant's address would endanger the | ||||||
| 13 | applicant's safety or the
safety of the applicant's children or | ||||||
| 14 | the minor or incapacitated person on
whose behalf the | ||||||
| 15 | application is made, or who knowingly provides false or
| ||||||
| 16 | incorrect information upon making an application, is guilty of | ||||||
| 17 | a Class 3
felony.
| ||||||
| 18 | (Source: P.A. 91-494, eff. 1-1-00.)
| ||||||
| 19 | Section 955. The Parental Notice of Abortion Act of 1995 is | ||||||
| 20 | amended by changing Section 10 as follows:
| ||||||
| 21 | (750 ILCS 70/10)
| ||||||
| 22 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 23 | "Abortion" means the use of any instrument, medicine, drug, | ||||||
| 24 | or any other
substance or device to terminate the pregnancy of | ||||||
| |||||||
| |||||||
| 1 | a woman known to be pregnant
with an intention other than to | ||||||
| 2 | increase the probability of a live birth, to
preserve the life | ||||||
| 3 | or health of a child after live birth, or to remove a dead
| ||||||
| 4 | fetus.
| ||||||
| 5 | "Actual notice" means the giving of notice directly, in | ||||||
| 6 | person, or by
telephone.
| ||||||
| 7 | "Adult family member" means a person over 21 years of age | ||||||
| 8 | who is the parent,
grandparent, step-parent living in the | ||||||
| 9 | household, or legal guardian.
| ||||||
| 10 | "Constructive notice" means notice by certified mail to the | ||||||
| 11 | last known
address of the person entitled to notice with | ||||||
| 12 | delivery deemed to have occurred
48 hours after the certified | ||||||
| 13 | notice is mailed.
| ||||||
| 14 | "Incompetent" means any person who has been adjudged as | ||||||
| 15 | mentally ill or
as a person with a developmental disability | ||||||
| 16 | developmentally disabled and who, because of her mental illness | ||||||
| 17 | or
developmental disability, is not fully able to manage her | ||||||
| 18 | person and for whom a
guardian of the person has been appointed | ||||||
| 19 | under Section 11a-3(a)(1) of the
Probate Act of 1975.
| ||||||
| 20 | "Medical emergency" means a condition that, on the basis of | ||||||
| 21 | the
physician's good faith clinical judgment, so complicates | ||||||
| 22 | the medical condition
of a pregnant woman as to necessitate the | ||||||
| 23 | immediate abortion of her pregnancy
to avert her death or for | ||||||
| 24 | which a delay will create serious risk of
substantial and | ||||||
| 25 | irreversible impairment of major bodily function.
| ||||||
| 26 | "Minor" means any person under 18 years of age who is not | ||||||
| |||||||
| |||||||
| 1 | or has not been
married or who has not been emancipated under | ||||||
| 2 | the Emancipation of
Minors Act.
| ||||||
| 3 | "Neglect" means the failure of an adult family member to | ||||||
| 4 | supply a child with
necessary food, clothing, shelter, or | ||||||
| 5 | medical care when reasonably able to do
so or the failure to | ||||||
| 6 | protect a child from conditions or actions that imminently
and | ||||||
| 7 | seriously endanger the child's physical or mental health when | ||||||
| 8 | reasonably
able to do so.
| ||||||
| 9 | "Physical abuse" means any physical injury intentionally | ||||||
| 10 | inflicted by an
adult family member on a child.
| ||||||
| 11 | "Physician" means any person licensed to practice medicine | ||||||
| 12 | in all its
branches under the Illinois Medical Practice Act of | ||||||
| 13 | 1987.
| ||||||
| 14 | "Sexual abuse" means any sexual conduct or sexual | ||||||
| 15 | penetration as defined in
Section 11-0.1 of the Criminal Code | ||||||
| 16 | of 2012 that is prohibited by the criminal
laws of the State of | ||||||
| 17 | Illinois and committed against a minor by an adult family
| ||||||
| 18 | member as defined in this Act.
| ||||||
| 19 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 20 | Section 960. The Probate Act of 1975 is amended by changing | ||||||
| 21 | Sections 1-2.17, 1-2.23, 1-2.24, 2-6.2, 2-6.6, 6-2, 6-6, 6-10, | ||||||
| 22 | 6-12, 6-13, 6-20, 9-1, 9-3, 9-4, 9-5, 9-6, 9-8, and 11-3 and | ||||||
| 23 | the heading of Article XIa and Sections 11a-1, 11a-2, 11a-3, | ||||||
| 24 | 11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-6, 11a-8, 11a-8.1, 11a-10, | ||||||
| 25 | 11a-10.2, 11a-11, 11a-12, 11a-13, 11a-16, 11a-17, 11a-18, | ||||||
| |||||||
| |||||||
| 1 | 11a-18.1, 11a-18.2, 11a-18.3, 11a-20, 11a-22, 11a-24, 12-2, | ||||||
| 2 | 12-4, 13-2, 13-3.1, 13-5, 18-1.1, 18-8, 23-2, 26-3, 28-2, 28-3, | ||||||
| 3 | and 28-10 as follows:
| ||||||
| 4 | (755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
| ||||||
| 5 | Sec. 1-2.17. "Ward" includes a minor or a person with a | ||||||
| 6 | disability and disabled person. | ||||||
| 7 | (Source: P.A. 81-213.)
| ||||||
| 8 | (755 ILCS 5/1-2.23)
| ||||||
| 9 | Sec. 1-2.23. "Standby guardian" means: (i) a guardian of | ||||||
| 10 | the person or
estate, or both, of a minor, as appointed by the | ||||||
| 11 | court under Section 11-5.3, to
become effective at a later date | ||||||
| 12 | under Section 11-13.1 or (ii) a guardian of
the person or | ||||||
| 13 | estate, or both, of a person with a disability disabled person, | ||||||
| 14 | as appointed by the court
under Section 11a-3.1, to become | ||||||
| 15 | effective at a later date under Section
11a-18.2.
| ||||||
| 16 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 17 | (755 ILCS 5/1-2.24)
| ||||||
| 18 | Sec. 1-2.24.
"Short-term guardian" means a guardian of the | ||||||
| 19 | person of a minor
as appointed by a parent of the minor under | ||||||
| 20 | Section 11-5.4 or a guardian of
the person of a person with a | ||||||
| 21 | disability disabled person as appointed by the guardian of the | ||||||
| 22 | person with a disability disabled
person under Section 11a-3.2.
| ||||||
| 23 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| |||||||
| |||||||
| 1 | (755 ILCS 5/2-6.2)
| ||||||
| 2 | Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||||
| 3 | elderly person
or a person with a disability. | ||||||
| 4 | (a) In this Section:
| ||||||
| 5 | "Abuse" means any offense described in Section 12-21 or | ||||||
| 6 | subsection (b) of Section 12-4.4a of the Criminal Code of
1961 | ||||||
| 7 | or the Criminal Code of 2012.
| ||||||
| 8 | "Financial exploitation" means any offense or act | ||||||
| 9 | described or defined in Section 16-1.3 or 17-56 of the
Criminal | ||||||
| 10 | Code of 1961 or the Criminal Code of 2012, and, in the context | ||||||
| 11 | of civil proceedings, the taking, use, or other | ||||||
| 12 | misappropriation of the assets or resources of an elderly | ||||||
| 13 | person or a person with a disability contrary to law, | ||||||
| 14 | including, but not limited to, misappropriation of assets or | ||||||
| 15 | resources by undue influence, breach of a fiduciary | ||||||
| 16 | relationship, fraud, deception, extortion, and conversion.
| ||||||
| 17 | "Neglect" means any offense described in Section 12-19 or | ||||||
| 18 | subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 | ||||||
| 19 | or the Criminal Code of 2012.
| ||||||
| 20 | (b) Persons convicted of financial exploitation,
abuse, or | ||||||
| 21 | neglect of an elderly person or a person with a disability or | ||||||
| 22 | persons who have been found by a preponderance of the evidence | ||||||
| 23 | to be civilly liable for financial exploitation shall not
| ||||||
| 24 | receive
any property, benefit, or other interest by reason of | ||||||
| 25 | the
death of that elderly person or person with a disability, | ||||||
| |||||||
| |||||||
| 1 | whether as heir,
legatee,
beneficiary, survivor, appointee, | ||||||
| 2 | claimant under Section 18-1.1, or in any other capacity
and | ||||||
| 3 | whether the property, benefit, or other interest passes
| ||||||
| 4 | pursuant to any form of title registration, testamentary or
| ||||||
| 5 | nontestamentary instrument, intestacy, renunciation, or any
| ||||||
| 6 | other circumstance. Except as provided in subsection (f) of | ||||||
| 7 | this Section, the property, benefit, or other
interest shall | ||||||
| 8 | pass as if the person convicted of the
financial exploitation, | ||||||
| 9 | abuse, or neglect or person found civilly liable for financial | ||||||
| 10 | exploitation died before the
decedent, provided that with | ||||||
| 11 | respect to joint tenancy
property the interest possessed prior | ||||||
| 12 | to the death by the
person convicted of the financial | ||||||
| 13 | exploitation, abuse, or
neglect shall not be
diminished by the | ||||||
| 14 | application of this Section. Notwithstanding the
foregoing, a | ||||||
| 15 | person convicted of financial exploitation, abuse, or neglect | ||||||
| 16 | of
an elderly person or a person with a disability or a person | ||||||
| 17 | who has been found by a preponderance of the evidence to be | ||||||
| 18 | civilly liable for financial exploitation shall be entitled to | ||||||
| 19 | receive
property, a benefit, or an
interest in any capacity and | ||||||
| 20 | under any circumstances described in this
subsection (b) if it | ||||||
| 21 | is demonstrated by clear and convincing evidence that the
| ||||||
| 22 | victim of that offense knew of the conviction or finding of | ||||||
| 23 | civil liability and subsequent to the
conviction or finding of | ||||||
| 24 | civil liability expressed or ratified his or her intent to | ||||||
| 25 | transfer the property,
benefit, or interest to the person | ||||||
| 26 | convicted of financial exploitation, abuse,
or
neglect of an | ||||||
| |||||||
| |||||||
| 1 | elderly person or a person with a disability or the person | ||||||
| 2 | found by a preponderance of the evidence to be civilly liable | ||||||
| 3 | for financial exploitation in any manner
contemplated by this | ||||||
| 4 | subsection
(b).
| ||||||
| 5 | (c)(1) The holder of any property subject to the
provisions | ||||||
| 6 | of this Section shall not be liable for
distributing or | ||||||
| 7 | releasing the property to the person
convicted of financial | ||||||
| 8 | exploitation, abuse, or neglect of
an elderly person or a | ||||||
| 9 | person with a disability or the person who has been found by a | ||||||
| 10 | preponderance of the evidence to be civilly liable for | ||||||
| 11 | financial exploitation if the distribution or release
occurs
| ||||||
| 12 | prior to the conviction or finding of civil liability.
| ||||||
| 13 | (2) If the holder is a financial institution, trust | ||||||
| 14 | company, trustee, or
similar entity or person, the holder shall | ||||||
| 15 | not be liable for any distribution
or
release of the property, | ||||||
| 16 | benefit, or other interest to the person convicted of
a
| ||||||
| 17 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
| 18 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 19 | of 1961 or the Criminal Code of 2012 or the person who has been | ||||||
| 20 | found by a preponderance of the evidence to be civilly liable | ||||||
| 21 | for financial exploitation
unless the holder knowingly | ||||||
| 22 | distributes or releases the property, benefit, or
other | ||||||
| 23 | interest to the person so convicted or found civilly liable | ||||||
| 24 | after first having received actual
written notice of the | ||||||
| 25 | conviction in sufficient time to act upon the notice.
| ||||||
| 26 | (d) If the holder of any property subject to the
provisions | ||||||
| |||||||
| |||||||
| 1 | of this Section knows that a potential beneficiary has been
| ||||||
| 2 | convicted of financial
exploitation, abuse, or neglect of an | ||||||
| 3 | elderly person or a person with a
disability or has been found | ||||||
| 4 | by a preponderance of the evidence to be civilly liable for | ||||||
| 5 | financial exploitation within
the scope of this Section, the | ||||||
| 6 | holder shall fully cooperate
with law enforcement authorities | ||||||
| 7 | and judicial officers in
connection with any investigation of | ||||||
| 8 | the financial
exploitation, abuse, or neglect. If the holder is | ||||||
| 9 | a person or entity that is
subject to regulation by a | ||||||
| 10 | regulatory agency pursuant to the laws of this or
any other | ||||||
| 11 | state or pursuant to the laws of the United States, including | ||||||
| 12 | but not
limited to the business of a financial institution, | ||||||
| 13 | corporate fiduciary, or
insurance company, then such person or | ||||||
| 14 | entity shall not be deemed to be in
violation of this Section | ||||||
| 15 | to the extent that privacy laws and regulations
applicable to | ||||||
| 16 | such person or entity prevent it from voluntarily providing law
| ||||||
| 17 | enforcement authorities or judicial officers with information.
| ||||||
| 18 | (e) A civil action against a person for financial | ||||||
| 19 | exploitation may be brought by an interested person, pursuant | ||||||
| 20 | to this Section, after the death of the victim or during the | ||||||
| 21 | lifetime of the victim if the victim is adjudicated a person | ||||||
| 22 | with a disability disabled. A guardian is under no duty to | ||||||
| 23 | bring a civil action under this subsection during the ward's | ||||||
| 24 | lifetime, but may do so if the guardian believes it is in the | ||||||
| 25 | best interests of the ward. | ||||||
| 26 | (f) The court may, in its discretion, consider such facts | ||||||
| |||||||
| |||||||
| 1 | and circumstances as it deems appropriate to allow the person | ||||||
| 2 | found civilly liable for financial exploitation to receive a | ||||||
| 3 | reduction in interest or benefit rather than no interest or | ||||||
| 4 | benefit as stated under subsection (b) of this Section. | ||||||
| 5 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 6 | 98-833, eff. 8-1-14.)
| ||||||
| 7 | (755 ILCS 5/2-6.6)
| ||||||
| 8 | Sec. 2-6.6. Person convicted of or found civilly liable for | ||||||
| 9 | certain offenses against the elderly or
a person with a | ||||||
| 10 | disability. | ||||||
| 11 | (a) A person who is convicted of a violation of Section | ||||||
| 12 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
| 13 | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||||||
| 14 | Code of 2012 or a person who has been found by a preponderance | ||||||
| 15 | of the evidence to be civilly liable for financial | ||||||
| 16 | exploitation, as defined in subsection (a) of Section 2-6.2 of | ||||||
| 17 | this Act, may not receive any property, benefit, or
other | ||||||
| 18 | interest by reason of the death of the victim of that offense, | ||||||
| 19 | whether as
heir, legatee, beneficiary, joint tenant, tenant by | ||||||
| 20 | the entirety, survivor,
appointee, or in any other capacity and | ||||||
| 21 | whether the property, benefit, or other
interest passes | ||||||
| 22 | pursuant to any form of title registration, testamentary or
| ||||||
| 23 | nontestamentary instrument, intestacy, renunciation, or any | ||||||
| 24 | other circumstance. Except as provided in subsection (f) of | ||||||
| 25 | this Section, the property, benefit, or other interest shall | ||||||
| |||||||
| |||||||
| 1 | pass as if the person convicted
of a violation of Section | ||||||
| 2 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
| 3 | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||||||
| 4 | Code of 2012 or the person found by a preponderance of the | ||||||
| 5 | evidence to be civilly liable for financial exploitation, as | ||||||
| 6 | defined in subsection (a) of Section 2-6.2 of this Act,
died | ||||||
| 7 | before the decedent; provided that with respect to joint | ||||||
| 8 | tenancy property
or property held in tenancy by the entirety, | ||||||
| 9 | the interest possessed prior to
the death by the person | ||||||
| 10 | convicted or found civilly liable may not
be diminished by the | ||||||
| 11 | application of this Section. Notwithstanding the
foregoing, a | ||||||
| 12 | person convicted of a violation of Section 12-19, 12-21, | ||||||
| 13 | 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
| ||||||
| 14 | of the Criminal Code of 1961 or the Criminal Code of 2012 or a | ||||||
| 15 | person who has been found by a preponderance of the evidence to | ||||||
| 16 | be civilly liable for financial exploitation, as defined in | ||||||
| 17 | subsection (a) of Section 2-6.2 of this Act, shall be entitled | ||||||
| 18 | to receive property, a
benefit, or an interest in any capacity | ||||||
| 19 | and under any circumstances described
in this Section if it is | ||||||
| 20 | demonstrated by clear and convincing evidence that the
victim | ||||||
| 21 | of that offense knew of the conviction or finding of civil | ||||||
| 22 | liability and subsequent to the
conviction or finding of civil | ||||||
| 23 | liability expressed or ratified his or her intent to transfer | ||||||
| 24 | the property,
benefit, or interest to the person convicted of a | ||||||
| 25 | violation of Section 12-19,
12-21, 16-1.3, or 17-56, or | ||||||
| 26 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| |||||||
| |||||||
| 1 | of 1961 or the Criminal Code of 2012 or the person found by a | ||||||
| 2 | preponderance of the evidence to be civilly liable for | ||||||
| 3 | financial exploitation, as defined in subsection (a) of Section | ||||||
| 4 | 2-6.2 of this Act, in any manner contemplated
by this Section.
| ||||||
| 5 | (b) The holder of any property subject to the provisions of | ||||||
| 6 | this Section
is not liable for distributing or releasing the | ||||||
| 7 | property to the person
convicted of violating Section 12-19, | ||||||
| 8 | 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||||||
| 9 | 12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 10 | 2012 or to the person found by a preponderance of the evidence | ||||||
| 11 | to be civilly liable for financial exploitation as defined in | ||||||
| 12 | subsection (a) of Section 2-6.2 of this Act.
| ||||||
| 13 | (c) If the holder is a financial institution, trust | ||||||
| 14 | company, trustee, or
similar entity or person, the holder shall | ||||||
| 15 | not be liable for any distribution
or
release of the property, | ||||||
| 16 | benefit, or other interest to the person convicted of
a | ||||||
| 17 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
| 18 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 19 | of 1961 or the Criminal Code of 2012 or person found by a | ||||||
| 20 | preponderance of the evidence to be civilly liable for | ||||||
| 21 | financial exploitation, as defined in subsection (a) of Section | ||||||
| 22 | 2-6.2 of this Act,
unless the holder knowingly distributes or | ||||||
| 23 | releases the property, benefit, or
other interest to the person | ||||||
| 24 | so convicted or found civilly liable after first having | ||||||
| 25 | received actual
written notice of the conviction or finding of | ||||||
| 26 | civil liability in sufficient time to act upon the notice.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Department of State Police shall have access to | ||||||
| 2 | State of Illinois
databases containing information that may | ||||||
| 3 | help in the identification or
location of persons convicted of | ||||||
| 4 | or found civilly liable for the offenses enumerated in this | ||||||
| 5 | Section.
Interagency agreements shall be implemented, | ||||||
| 6 | consistent with security and
procedures established by the | ||||||
| 7 | State agency and consistent with the laws
governing the | ||||||
| 8 | confidentiality of the information in the databases. | ||||||
| 9 | Information
shall be used only for administration of this | ||||||
| 10 | Section.
| ||||||
| 11 | (e) A civil action against a person for financial | ||||||
| 12 | exploitation, as defined in subsection (a) of Section 2-6.2 of | ||||||
| 13 | this Act, may be brought by an interested person, pursuant to | ||||||
| 14 | this Section, after the death of the victim or during the | ||||||
| 15 | lifetime of the victim if the victim is adjudicated a person | ||||||
| 16 | with a disability disabled. A guardian is under no duty to | ||||||
| 17 | bring a civil action under this subsection during the ward's | ||||||
| 18 | lifetime, but may do so if the guardian believes it is in the | ||||||
| 19 | best interests of the ward. | ||||||
| 20 | (f) The court may, in its discretion, consider such facts | ||||||
| 21 | and circumstances as it deems appropriate to allow the person | ||||||
| 22 | convicted or found civilly liable for financial exploitation, | ||||||
| 23 | as defined in subsection (a) of Section 2-6.2 of this Act, to | ||||||
| 24 | receive a reduction in interest or benefit rather than no | ||||||
| 25 | interest or benefit as stated under subsection (a) of this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 2 | 98-833, eff. 8-1-14.)
| ||||||
| 3 | (755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2)
| ||||||
| 4 | Sec. 6-2.
Petition to admit will or to issue letters.) | ||||||
| 5 | Anyone
desiring to have a will admitted to probate must file a | ||||||
| 6 | petition
therefor in the court of the proper county. The | ||||||
| 7 | petition must state, if
known: (a) the name and place of | ||||||
| 8 | residence of the testator at the time
of his death; (b) the | ||||||
| 9 | date and place of death; (c) the date of the will
and the fact | ||||||
| 10 | that petitioner believes the will to be the valid last will
of | ||||||
| 11 | the testator; (d) the approximate value of the testator's real | ||||||
| 12 | and
personal estate in this State; (e) the names and post | ||||||
| 13 | office addresses
of all heirs and legatees of the testator and | ||||||
| 14 | whether any of them is a
minor or a person with a disability | ||||||
| 15 | disabled person; (f) the name and post office address of the
| ||||||
| 16 | executor; and (g) unless supervised administration is | ||||||
| 17 | requested, the
name and address of any personal
fiduciary | ||||||
| 18 | acting or designated to act pursuant to Section 28-3. When
the | ||||||
| 19 | will creates or adds to a trust and the petition states the | ||||||
| 20 | name and
address of the trustee, the petition need not state | ||||||
| 21 | the name and address
of any beneficiary of the trust who is not | ||||||
| 22 | an heir or legatee. If
letters of administration with the will | ||||||
| 23 | annexed are sought, the petition
must also state, if known: (a) | ||||||
| 24 | the reason for the issuance of the
letters, (b) facts showing | ||||||
| 25 | the right of the petitioner to act as, or to
nominate, the | ||||||
| |||||||
| |||||||
| 1 | administrator with the will annexed, (c) the name and post
| ||||||
| 2 | office address of the person nominated and of each person | ||||||
| 3 | entitled
either to administer or to nominate a person to | ||||||
| 4 | administer equally with
or in preference to the petitioner and | ||||||
| 5 | (d) if the will has been
previously admitted to probate, the | ||||||
| 6 | date of admission. If a petition for
letters of administration | ||||||
| 7 | with the will annexed states that there are one
or more persons | ||||||
| 8 | entitled either to administer or to nominate a person to
| ||||||
| 9 | administer equally with or in preference to the petitioner, the | ||||||
| 10 | petitioner
must mail a copy of the petition to each such person | ||||||
| 11 | as provided in Section
9-5 and file proof of mailing with the | ||||||
| 12 | clerk of the court.
| ||||||
| 13 | (Source: P.A. 84-555; 84-690.)
| ||||||
| 14 | (755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)
| ||||||
| 15 | Sec. 6-6.
Proof of handwriting of a deceased, disabled or | ||||||
| 16 | inaccessible witness or a witness with a disability.)
(a) If a | ||||||
| 17 | witness to a will (1) is dead, (2) is blind, (3) is mentally or
| ||||||
| 18 | physically incapable of testifying, (4) cannot be found, (5) is | ||||||
| 19 | in active
service of the armed forces of the United States or | ||||||
| 20 | (6) is outside this
State, the court may admit proof of the | ||||||
| 21 | handwriting of the witness and such
other secondary evidence as | ||||||
| 22 | is admissible in any court of record to establish
written | ||||||
| 23 | contracts and may admit the will to probate as though it had | ||||||
| 24 | been
proved by the testimony of the witness. On motion of any | ||||||
| 25 | interested person
or on its own motion, the court may require | ||||||
| |||||||
| |||||||
| 1 | that the deposition of any such
witness, who can be found, is | ||||||
| 2 | mentally and physically capable of testifying
and is not in the | ||||||
| 3 | active service of the armed forces of the United States
outside | ||||||
| 4 | of the continental United States, be taken as the best evidence | ||||||
| 5 | thereof.
| ||||||
| 6 | (b) As used in this Section, "continental United States" | ||||||
| 7 | means the States
of the United States and the District of | ||||||
| 8 | Columbia.
| ||||||
| 9 | (Source: P.A. 81-213.)
| ||||||
| 10 | (755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10)
| ||||||
| 11 | Sec. 6-10.
Notice - waiver.) (a) Not more than 14 days | ||||||
| 12 | after entry of an
order admitting or denying admission of a | ||||||
| 13 | will to probate or appointing
a representative, the | ||||||
| 14 | representative or, if none, the petitioner must
mail a copy of | ||||||
| 15 | the petition to admit the will
or for letters and a copy of the | ||||||
| 16 | order showing the date of entry to each
of the testator's heirs | ||||||
| 17 | and legatees whose names and post office addresses
are stated | ||||||
| 18 | in the petition. If the name or post office address of any heir
| ||||||
| 19 | or legatee is not stated in the petition, the representative | ||||||
| 20 | or, if none,
the petitioner must publish a notice once a week
| ||||||
| 21 | for 3 successive weeks, the first publication to be not more | ||||||
| 22 | than 14 days
after entry of the order, describing the order and | ||||||
| 23 | the date of entry. The
notice shall be published in a newspaper | ||||||
| 24 | published in the county where the
order was entered and may be | ||||||
| 25 | combined with a notice under Section 18-3.
When the petition | ||||||
| |||||||
| |||||||
| 1 | names a trustee of a trust, it is not necessary to publish
for | ||||||
| 2 | or mail copies of the petition and order to any beneficiary of | ||||||
| 3 | the trust
who is not an heir or legatee. The information mailed | ||||||
| 4 | or published under
this Section must include an explanation, in | ||||||
| 5 | form prescribed by rule of
the Supreme Court of this State, of | ||||||
| 6 | the rights of heirs and legatees to
require formal proof of | ||||||
| 7 | will under Section 6-21 and to contest the admission
or denial | ||||||
| 8 | of admission of the will to probate under Section 8-1 or 8-2.
| ||||||
| 9 | The petitioner or representative must file proof of mailing and | ||||||
| 10 | publication,
if publication is required, with the clerk of the | ||||||
| 11 | court.
| ||||||
| 12 | (b) A copy of the petition and of the order need not be | ||||||
| 13 | sent to and notice
need not be published for any person who is | ||||||
| 14 | not designated in the petition
as a minor or person with a | ||||||
| 15 | disability disabled person and who personally appeared before | ||||||
| 16 | the court
at the hearing or who filed his waiver of notice.
| ||||||
| 17 | (Source: P.A. 81-1453.)
| ||||||
| 18 | (755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12)
| ||||||
| 19 | Sec. 6-12.
Appointment of guardian ad litem.) When an heir | ||||||
| 20 | or legatee
of a testator is a minor or person with a disability | ||||||
| 21 | disabled person who is entitled to notice under
Section 6-10 at | ||||||
| 22 | the time an order is entered admitting or denying
admission of | ||||||
| 23 | a will to probate or who is entitled to notice under Section
| ||||||
| 24 | 6-20 or 6-21 of the hearing on the petition to admit the will, | ||||||
| 25 | the court
may appoint a guardian ad litem to protect the | ||||||
| |||||||
| |||||||
| 1 | interests of the ward with
respect to the admission or denial, | ||||||
| 2 | or to represent the ward at the hearing,
if the court finds | ||||||
| 3 | that (a) the interests of the ward are not adequately
| ||||||
| 4 | represented by a personal fiduciary acting or designated to act | ||||||
| 5 | pursuant
to Section 28-3 or by another party having a | ||||||
| 6 | substantially identical interest
in the proceedings and the | ||||||
| 7 | ward is not represented by a guardian of his
estate and (b) the | ||||||
| 8 | appointment of
a guardian ad litem is necessary to protect the | ||||||
| 9 | ward's interests.
| ||||||
| 10 | (Source: P.A. 81-213.)
| ||||||
| 11 | (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
| ||||||
| 12 | Sec. 6-13.
Who may act as executor.) (a) A person who has | ||||||
| 13 | attained
the age of 18 years and is a resident of the United | ||||||
| 14 | States, is not of
unsound mind, is not an adjudged person with | ||||||
| 15 | a disability disabled person as defined in this Act
and has not | ||||||
| 16 | been convicted of a felony, is qualified to act as executor.
| ||||||
| 17 | (b) If a person named as executor in a will is not | ||||||
| 18 | qualified to act
at the time of admission of the will to | ||||||
| 19 | probate but thereafter becomes
qualified and files a petition | ||||||
| 20 | for the issuance of letters, takes oath
and gives bond as | ||||||
| 21 | executor, the court may issue letters testamentary to
him as | ||||||
| 22 | co-executor with the executor who has qualified or if no | ||||||
| 23 | executor
has qualified the court may issue letters testamentary | ||||||
| 24 | to him and revoke
the letters of administration with the will | ||||||
| 25 | annexed.
| ||||||
| |||||||
| |||||||
| 1 | The court may in its discretion require a nonresident | ||||||
| 2 | executor to furnish
a bond in such amount and with such surety | ||||||
| 3 | as the court determines
notwithstanding any contrary provision | ||||||
| 4 | of the will.
| ||||||
| 5 | (Source: P.A. 85-692.)
| ||||||
| 6 | (755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)
| ||||||
| 7 | Sec. 6-20.
Petition to admit will to probate on presumption | ||||||
| 8 | of death
of testator - notice.) (a) Anyone desiring to have a | ||||||
| 9 | will admitted to
probate on the presumption of death of the | ||||||
| 10 | testator must file a petition
therefor in the court of the | ||||||
| 11 | proper county. The petition must state, in
addition to the | ||||||
| 12 | information required by Section 6-2 (other than clauses
(a) and | ||||||
| 13 | (b)), the facts and circumstances raising the presumption, the
| ||||||
| 14 | name and last known post office address of the testator and, if | ||||||
| 15 | known,
the name and post office address of each person in | ||||||
| 16 | possession or control
of any property of the testator.
| ||||||
| 17 | (b) Not less than 30 days before the hearing on the | ||||||
| 18 | petition the
petitioner must (1) mail a copy
of the petition to | ||||||
| 19 | the testator
at his last known address, to each of the | ||||||
| 20 | testator's heirs and legatees
whose names and post office | ||||||
| 21 | addresses are stated in the petition and to
each person shown | ||||||
| 22 | by the petition to be in possession or control of any
property | ||||||
| 23 | of the testator, and (2) publish a notice of the hearing on the
| ||||||
| 24 | petition once a week for 3 successive weeks, the first | ||||||
| 25 | publication to be
not less than 30 days before the hearing. The | ||||||
| |||||||
| |||||||
| 1 | notice must state the time
and place of the hearing, the name | ||||||
| 2 | of the testator and, when known, the
names of the heirs and | ||||||
| 3 | legatees. The petitioner shall endorse the time
and place of | ||||||
| 4 | the hearing on each copy
of the petition mailed by him. When | ||||||
| 5 | the petition names a trustee of a trust,
it is not necessary to | ||||||
| 6 | mail a copy of the petition to any beneficiary of
the trust who | ||||||
| 7 | is not an heir or legatee, or to include the name of such
| ||||||
| 8 | beneficiary in the published notice. If any person objects to | ||||||
| 9 | the
admission of the will to probate, the court may require | ||||||
| 10 | that such notice
of the time and place of the hearing as it | ||||||
| 11 | directs be given to any beneficiary
of the trust not previously | ||||||
| 12 | notified. The petitioner must file proof
of mailing and proof | ||||||
| 13 | of publication with the clerk of the court.
| ||||||
| 14 | (c) A copy of the petition need not be sent to any person | ||||||
| 15 | not
designated in the petition as a minor or person with a | ||||||
| 16 | disability disabled person who personally
appears before the | ||||||
| 17 | court at the hearing or who files his waiver of
notice.
| ||||||
| 18 | (d) When a will is admitted to probate on presumption of | ||||||
| 19 | the
testator's death, the notice provided for in Section 6-10 | ||||||
| 20 | is not
required.
| ||||||
| 21 | (Source: P.A. 81-1453.)
| ||||||
| 22 | (755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
| ||||||
| 23 | Sec. 9-1. Who may act as administrator. A person who has | ||||||
| 24 | attained
the age of 18 years, is a resident of the United | ||||||
| 25 | States, is not of unsound
mind, is not an adjudged person with | ||||||
| |||||||
| |||||||
| 1 | a disability disabled person as defined in this Act and has not
| ||||||
| 2 | been convicted of a felony, is qualified to act as | ||||||
| 3 | administrator.
| ||||||
| 4 | (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
| ||||||
| 5 | (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
| ||||||
| 6 | Sec. 9-3. Persons entitled to preference in obtaining | ||||||
| 7 | letters. The following persons are entitled to preference in | ||||||
| 8 | the following order in
obtaining the issuance of letters of | ||||||
| 9 | administration and of administration with
the will annexed:
| ||||||
| 10 | (a) The surviving spouse or any person nominated by the | ||||||
| 11 | surviving spouse.
| ||||||
| 12 | (b) The legatees or any person nominated by them,
with | ||||||
| 13 | preference to legatees who are children.
| ||||||
| 14 | (c) The children or any person nominated by them.
| ||||||
| 15 | (d) The grandchildren or any person nominated by them.
| ||||||
| 16 | (e) The parents or any person nominated by them.
| ||||||
| 17 | (f) The brothers and sisters or any person nominated by | ||||||
| 18 | them.
| ||||||
| 19 | (g) The nearest kindred or any person nominated by them.
| ||||||
| 20 | (h) The representative of the estate of a deceased ward.
| ||||||
| 21 | (i) The Public Administrator.
| ||||||
| 22 | (j) A creditor of the estate.
| ||||||
| 23 | Only a person qualified to act as administrator under this | ||||||
| 24 | Act may
nominate, except that the guardian of the estate, if | ||||||
| 25 | any, otherwise the
guardian of the person, of a person who is | ||||||
| |||||||
| |||||||
| 1 | not qualified to act as
administrator solely because of | ||||||
| 2 | minority or legal disability may nominate
on behalf of the | ||||||
| 3 | minor or person with a disability disabled person in accordance | ||||||
| 4 | with the order of
preference set forth in this Section. A | ||||||
| 5 | person who has been removed as
representative under this Act | ||||||
| 6 | loses the right to name a successor.
| ||||||
| 7 | When several persons are claiming and are equally entitled
| ||||||
| 8 | to administer or to nominate an administrator, the court may | ||||||
| 9 | grant letters
to one or more of them or to the nominee of one or | ||||||
| 10 | more of them.
| ||||||
| 11 | (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; | ||||||
| 12 | 90-655, eff.
7-30-98.)
| ||||||
| 13 | (755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4)
| ||||||
| 14 | Sec. 9-4.
Petition to issue letters.) Anyone desiring to | ||||||
| 15 | have letters of
administration issued on the estate of an | ||||||
| 16 | intestate decedent shall file a
petition therefor in the court | ||||||
| 17 | of the proper county. The petition shall
state, if known: (a) | ||||||
| 18 | the name and place of residence of the decedent at
the time of | ||||||
| 19 | his death; (b) the date and place of death; (c) the
approximate | ||||||
| 20 | value of the decedent's real and personal estate in this
State; | ||||||
| 21 | (d) the names and post office addresses of all heirs
of the | ||||||
| 22 | decedent and whether any of them is a minor or person with a | ||||||
| 23 | disability disabled person and
whether any of them is entitled | ||||||
| 24 | either to administer or to nominate a
person to administer | ||||||
| 25 | equally with or in preference to the petitioner; (e)
the name | ||||||
| |||||||
| |||||||
| 1 | and post office
address of the person nominated as | ||||||
| 2 | administrator; (f) the facts showing
the right of the | ||||||
| 3 | petitioner to act as or to nominate the administrator;
(g) when | ||||||
| 4 | letters of administration de bonis non are sought, the reason
| ||||||
| 5 | for the issuance of the letters; and (h) unless supervised | ||||||
| 6 | administration
is requested, the name and address of any
| ||||||
| 7 | personal fiduciary acting or designated to act pursuant to | ||||||
| 8 | Section 28-3.
| ||||||
| 9 | (Source: P.A. 84-555; 84-690.)
| ||||||
| 10 | (755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5)
| ||||||
| 11 | Sec. 9-5.
Notice-Waiver.) (a) Not less than 30 days before | ||||||
| 12 | the hearing
on the petition to issue letters, the petitioner | ||||||
| 13 | shall mail a copy of the
petition, endorsed with the time and | ||||||
| 14 | place of the hearing, to each person
named in the petition | ||||||
| 15 | whose post office address is stated and who is
entitled either | ||||||
| 16 | to administer or to nominate a person to administer equally
| ||||||
| 17 | with or in preference to the petitioner.
| ||||||
| 18 | (b) Not more than 14 days after entry of an order directing | ||||||
| 19 | that
original letters of office issue to an administrator, the | ||||||
| 20 | administrator
shall mail a copy of the petition to issue | ||||||
| 21 | letters and a copy of the order
showing the date of its entry | ||||||
| 22 | to each of the decedent's heirs who was not
entitled to notice | ||||||
| 23 | of the hearing on the petition under subsection (a). If
the | ||||||
| 24 | name or post office address of any heir is not stated in the | ||||||
| 25 | petition,
the administrator shall publish a notice once a week | ||||||
| |||||||
| |||||||
| 1 | for 3 successive weeks,
the first publication to be not more | ||||||
| 2 | than 14 days after entry of the
order, describing the order and | ||||||
| 3 | the date of entry. The notice shall be
published in a newspaper | ||||||
| 4 | published in the county where the order was
entered and may be | ||||||
| 5 | combined with a notice under Section 18-3. The
administrator | ||||||
| 6 | shall file proof of mailing and publication, if publication
is | ||||||
| 7 | required, with the clerk of the court.
| ||||||
| 8 | (c) A copy of the petition and of the order need not be | ||||||
| 9 | sent to, nor
notice published for, any person not designated in | ||||||
| 10 | the petition as a minor
or as a person with a disability | ||||||
| 11 | disabled person and who personally appeared before the court at | ||||||
| 12 | the
hearing or who files his waiver of notice.
| ||||||
| 13 | (Source: P.A. 84-555; 84-690.)
| ||||||
| 14 | (755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6)
| ||||||
| 15 | Sec. 9-6.
Petition to issue letters on presumption of death | ||||||
| 16 | of decedent -
notice - waiver.) (a) Anyone desiring to have | ||||||
| 17 | original letters of
administration issued on the presumption of | ||||||
| 18 | death of the decedent shall
file a petition therefor in the | ||||||
| 19 | court of the proper county. The petition
shall state, in | ||||||
| 20 | addition to the information required by clauses (c) through
(h) | ||||||
| 21 | of Section 9-4, the facts and circumstances raising the | ||||||
| 22 | presumption,
the name and last known post office address of the | ||||||
| 23 | decedent and, if known,
the name and post office address of | ||||||
| 24 | each person in possession or control of
any property of the | ||||||
| 25 | decedent.
| ||||||
| |||||||
| |||||||
| 1 | (b) Not less than 30 days before the hearing on the | ||||||
| 2 | petition the
petitioner shall (1) mail a copy of the petition | ||||||
| 3 | to the decedent at his
last known address, to each heir whose | ||||||
| 4 | name and post office address are
stated in the petition and to | ||||||
| 5 | each person shown by the
petition to be in possession or | ||||||
| 6 | control of any property of the decedent,
and (2) publish a | ||||||
| 7 | notice of the hearing on the petition once a week for 3
| ||||||
| 8 | successive weeks, the first publication to be not less than 30 | ||||||
| 9 | days before
the hearing. The notice shall be published in a | ||||||
| 10 | newspaper published in the
county where the petition is filed. | ||||||
| 11 | The notice shall state the time and
place of the hearing, the | ||||||
| 12 | name of the decedent and, when known, the names
of the heirs. | ||||||
| 13 | The petitioner shall endorse the time and place of the
hearing | ||||||
| 14 | on each copy of the petition mailed by him. The petitioner | ||||||
| 15 | shall
file a proof of mailing and of publication with the clerk | ||||||
| 16 | of the court.
| ||||||
| 17 | (c) A copy of the petition need not be sent to any person | ||||||
| 18 | not designated
in the petition as a minor or as a person with a | ||||||
| 19 | disability disabled person and who personally
appeared before | ||||||
| 20 | the court at the hearing or who filed his waiver of notice.
| ||||||
| 21 | (Source: P.A. 84-555; 84-690.)
| ||||||
| 22 | (755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
| ||||||
| 23 | Sec. 9-8. Distribution on summary administration. Upon the | ||||||
| 24 | filing
of a petition therefor in the court of the proper county | ||||||
| 25 | by any
interested person and after ascertainment of heirship of | ||||||
| |||||||
| |||||||
| 1 | the decedent
and admission of the will, if any, to probate, if | ||||||
| 2 | it appears to the
court that:
| ||||||
| 3 | (a) the gross value of the decedent's real and personal | ||||||
| 4 | estate
subject to administration in this State as itemized | ||||||
| 5 | in the petition does
not exceed $100,000;
| ||||||
| 6 | (b) there is no unpaid claim against the estate, or all | ||||||
| 7 | claimants
known to the petitioner, with the amount known by | ||||||
| 8 | him to be due to each
of them, are listed in the petition;
| ||||||
| 9 | (c) no tax will be due to the United States or to this | ||||||
| 10 | State by
reason of the death of the decedent or all such | ||||||
| 11 | taxes have been paid or
provided for or are the obligation | ||||||
| 12 | of another fiduciary;
| ||||||
| 13 | (d) no person is entitled to a surviving spouse's or | ||||||
| 14 | child's award
under this Act, or a surviving spouse's or | ||||||
| 15 | child's award is allowable
under this Act, and the name and | ||||||
| 16 | age of each person entitled to an
award, with the minimum | ||||||
| 17 | award allowable under this Act to the surviving
spouse or | ||||||
| 18 | child, or each of them, and the amount, if any, theretofore
| ||||||
| 19 | paid to the spouse or child on such award, are listed in | ||||||
| 20 | the petition;
| ||||||
| 21 | (e) all heirs and legatees of the decedent have | ||||||
| 22 | consented in writing
to distribution of the estate on | ||||||
| 23 | summary administration (and if an heir
or legatee is a | ||||||
| 24 | minor or person with a disability disabled person, the | ||||||
| 25 | consent may be given on
his behalf by his parent, spouse, | ||||||
| 26 | adult child, person in loco parentis,
guardian or guardian | ||||||
| |||||||
| |||||||
| 1 | ad litem);
| ||||||
| 2 | (f) each distributee gives bond in the value of his | ||||||
| 3 | distributive
share, conditioned to refund the due | ||||||
| 4 | proportion of any claim entitled to
be paid from the estate | ||||||
| 5 | distributed, including the claim of any person
having a | ||||||
| 6 | prior right to such distribution, together with expenses of
| ||||||
| 7 | recovery, including reasonable attorneys' fees, with | ||||||
| 8 | surety to be
approved by the court. If at any time after | ||||||
| 9 | payment of a distributive
share it becomes necessary for | ||||||
| 10 | all or any part of the distributive share
to be refunded | ||||||
| 11 | for the payment of any claim entitled to be paid from the
| ||||||
| 12 | estate distributed or to provide for a distribution to any | ||||||
| 13 | person having
a prior right thereto, upon petition of any | ||||||
| 14 | interested person the court
shall order the distributee to | ||||||
| 15 | refund that portion of his distributive
share which is | ||||||
| 16 | necessary for such purposes. If there is more than one
| ||||||
| 17 | distributee, the court shall apportion among the | ||||||
| 18 | distributees the amount
to be refunded according to the | ||||||
| 19 | amount received by each of them, but
specific and general | ||||||
| 20 | legacies need not be refunded unless the residue is
| ||||||
| 21 | insufficient to satisfy the claims entitled to be paid from | ||||||
| 22 | the estate
distributed. If a distributee refuses to refund | ||||||
| 23 | within 60 days after
being ordered by the court to do so | ||||||
| 24 | and upon demand, the refusal is
deemed a breach of the bond | ||||||
| 25 | and a civil action may be maintained by the
claimant or | ||||||
| 26 | person having a prior right to a distribution against the
| ||||||
| |||||||
| |||||||
| 1 | distributee and the surety or either of them for the amount | ||||||
| 2 | due together
with the expenses of recovery, including | ||||||
| 3 | reasonable attorneys' fees.
The order of the court is | ||||||
| 4 | evidence of the amount due;
| ||||||
| 5 | (g) the petitioner has published a notice informing all
| ||||||
| 6 | persons of the death of the decedent, of the filing of the | ||||||
| 7 | petition for
distribution of the estate on summary | ||||||
| 8 | administration and of the date,
time and place of the | ||||||
| 9 | hearing on the petition (the notice having been
published | ||||||
| 10 | once a week for 3 successive weeks in a newspaper published | ||||||
| 11 | in
the county where the petition has been filed, the first | ||||||
| 12 | publication
having been made not less than 30 days prior to | ||||||
| 13 | the hearing) and has filed
proof of publication with the | ||||||
| 14 | clerk of the court;
| ||||||
| 15 | the court may determine the rights of claimants and other | ||||||
| 16 | persons
interested in the estate, direct payment of claims and | ||||||
| 17 | distribution of
the estate on summary administration and excuse | ||||||
| 18 | the issuance of letters
of office or revoke the letters which | ||||||
| 19 | have been issued and discharge the
representative.
| ||||||
| 20 | Any claimant may file his claim in the proceeding at or | ||||||
| 21 | before the
hearing on the petition, but failure to do so does | ||||||
| 22 | not deprive the
claimant of his right to enforce his claim in | ||||||
| 23 | any other manner provided
by law.
| ||||||
| 24 | A petition for distribution on summary administration may | ||||||
| 25 | be combined
with or filed separately from a petition for | ||||||
| 26 | probate of a will or for
administration of an estate.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 93-277, eff. 1-1-04.)
| ||||||
| 2 | (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
| ||||||
| 3 | Sec. 11-3. Who may act as guardian.
| ||||||
| 4 | (a) A person is
qualified to act
as guardian of the person | ||||||
| 5 | and as
guardian of the estate if the court finds that the | ||||||
| 6 | proposed guardian is capable of providing an active and | ||||||
| 7 | suitable program of guardianship for the minor and that the | ||||||
| 8 | proposed guardian: | ||||||
| 9 | (1) has attained the age of 18 years; | ||||||
| 10 | (2) is a resident of the United States; | ||||||
| 11 | (3) is not of unsound mind; | ||||||
| 12 | (4) is not an adjudged person with a disability | ||||||
| 13 | disabled person as defined in this Act; and | ||||||
| 14 | (5) has not been convicted of a felony, unless the | ||||||
| 15 | court finds appointment of the person convicted of a felony | ||||||
| 16 | to be in the minor's best interests, and as part of the | ||||||
| 17 | best interest determination, the court has considered the | ||||||
| 18 | nature of the offense, the date of offense, and the | ||||||
| 19 | evidence of the proposed guardian's rehabilitation. No | ||||||
| 20 | person shall be appointed who has been convicted of a | ||||||
| 21 | felony involving harm or threat to a child, including a | ||||||
| 22 | felony sexual offense. | ||||||
| 23 | One person may be appointed guardian of the
person and another | ||||||
| 24 | person appointed guardian of the estate.
| ||||||
| 25 | (b) The Department of Human Services
or the Department of | ||||||
| |||||||
| |||||||
| 1 | Children and Family Services may with the approval
of the court | ||||||
| 2 | designate one of its employees to serve without fees as
| ||||||
| 3 | guardian of the estate of a minor patient in a State mental | ||||||
| 4 | hospital or
a resident in a State institution when the value of | ||||||
| 5 | the personal estate
does not exceed $1,000.
| ||||||
| 6 | (Source: P.A. 94-579, eff. 8-12-05.)
| ||||||
| 7 | (755 ILCS 5/Art. XIa heading) | ||||||
| 8 | ARTICLE XIa
| ||||||
| 9 | GUARDIANS FOR ADULTS WITH DISABILITIES DISABLED ADULTS
| ||||||
| 10 | (755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
| ||||||
| 11 | Sec. 11a-1. Developmental disability defined.) | ||||||
| 12 | "Developmental disability"
means a disability which is | ||||||
| 13 | attributable to: (a) an intellectual disability, cerebral
| ||||||
| 14 | palsy, epilepsy or autism; or to (b) any other condition which | ||||||
| 15 | results in
impairment similar to that caused by an intellectual | ||||||
| 16 | disability and which requires
services similar to those | ||||||
| 17 | required by persons with intellectual disabilities | ||||||
| 18 | intellectually disabled persons. Such disability
must | ||||||
| 19 | originate before the age of 18 years, be expected to continue | ||||||
| 20 | indefinitely,
and constitute a substantial disability | ||||||
| 21 | handicap.
| ||||||
| 22 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
| 23 | (755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11a-2. "Person with a disability Disabled person" | ||||||
| 2 | defined.) "Person with a disability Disabled person" means a | ||||||
| 3 | person
18 years or older who (a) because of mental | ||||||
| 4 | deterioration or physical
incapacity is not fully able to | ||||||
| 5 | manage his person or estate, or (b) is a person
with mental | ||||||
| 6 | illness or a person with a developmental disability and who | ||||||
| 7 | because
of his mental illness or developmental disability is | ||||||
| 8 | not fully able to manage
his person or estate, or (c) because | ||||||
| 9 | of gambling, idleness, debauchery or
excessive use of | ||||||
| 10 | intoxicants or drugs, so spends or wastes his estate as to
| ||||||
| 11 | expose himself or his family to want or suffering, or (d) is | ||||||
| 12 | diagnosed with fetal alcohol syndrome or fetal alcohol effects.
| ||||||
| 13 | (Source: P.A. 95-561, eff. 1-1-08.)
| ||||||
| 14 | (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
| ||||||
| 15 | Sec. 11a-3. Adjudication of disability; Power to appoint | ||||||
| 16 | guardian.
| ||||||
| 17 | (a) Upon the filing of a petition by a reputable person or | ||||||
| 18 | by the alleged
person with a disability disabled person himself | ||||||
| 19 | or on its own motion, the court may adjudge a person
to be a | ||||||
| 20 | person with a disability disabled person, but only if it has | ||||||
| 21 | been demonstrated by clear and
convincing evidence that the | ||||||
| 22 | person is a person with a disability disabled person as defined | ||||||
| 23 | in Section
11a-2. If the court adjudges a person to be a person | ||||||
| 24 | with a disability disabled person, the court may appoint (1) a | ||||||
| 25 | guardian of his person, if it has been demonstrated
by clear | ||||||
| |||||||
| |||||||
| 1 | and convincing evidence that because of his disability he lacks
| ||||||
| 2 | sufficient understanding or capacity
to make or communicate | ||||||
| 3 | responsible decisions concerning the care of his
person, or (2) | ||||||
| 4 | a guardian of his estate, if it has been demonstrated by clear
| ||||||
| 5 | and convincing evidence that because of his disability he
is | ||||||
| 6 | unable to manage his estate
or financial affairs, or (3) a | ||||||
| 7 | guardian of his person and of his estate.
| ||||||
| 8 | (b) Guardianship shall be utilized only as is necessary to | ||||||
| 9 | promote
the well-being of the person with a disability disabled | ||||||
| 10 | person, to protect him from neglect,
exploitation, or abuse, | ||||||
| 11 | and to encourage development of his maximum
self-reliance and | ||||||
| 12 | independence. Guardianship shall be ordered only to
the extent | ||||||
| 13 | necessitated by the individual's actual mental, physical and
| ||||||
| 14 | adaptive limitations.
| ||||||
| 15 | (Source: P.A. 93-435, eff. 1-1-04.)
| ||||||
| 16 | (755 ILCS 5/11a-3.1)
| ||||||
| 17 | Sec. 11a-3.1. Appointment of standby guardian.
| ||||||
| 18 | (a) The guardian of a person with a disability disabled | ||||||
| 19 | person may designate in any writing,
including a will, a person | ||||||
| 20 | qualified to
act under Section 11a-5 to be appointed as standby | ||||||
| 21 | guardian of the person or
estate, or both, of the person with a | ||||||
| 22 | disability disabled person. The
guardian may designate in any | ||||||
| 23 | writing,
including a will, a person qualified to act under | ||||||
| 24 | Section 11a-5 to be appointed
as successor standby guardian of | ||||||
| 25 | the disabled person's person or estate of the person with a | ||||||
| |||||||
| |||||||
| 1 | disability, or
both. The designation must be witnessed by 2 or | ||||||
| 2 | more credible witnesses at
least 18 years of age, neither of | ||||||
| 3 | whom is the person designated as the
standby guardian. The | ||||||
| 4 | designation may be proved by any competent evidence. If
the | ||||||
| 5 | designation is executed and attested in the same manner as a | ||||||
| 6 | will, it shall
have prima facie validity.
Prior to designating | ||||||
| 7 | a proposed standby guardian, the guardian shall consult
with | ||||||
| 8 | the person with a disability disabled person to determine the | ||||||
| 9 | disabled person's preference of the person with a disability as | ||||||
| 10 | to
the person who will serve as standby guardian. The guardian | ||||||
| 11 | shall give due
consideration to the preference of the person | ||||||
| 12 | with a disability disabled person in selecting a standby
| ||||||
| 13 | guardian.
| ||||||
| 14 | (b) Upon the filing of a petition for the appointment of a | ||||||
| 15 | standby guardian,
the court may appoint a standby guardian of | ||||||
| 16 | the person or estate, or both, of
the person with a disability | ||||||
| 17 | disabled person as the court finds to be in the best interest | ||||||
| 18 | of the
person with a disability disabled person.
The court | ||||||
| 19 | shall apply the same standards used in determining the | ||||||
| 20 | suitability
of a plenary or limited guardian in determining the | ||||||
| 21 | suitability of a standby
guardian, giving due consideration to | ||||||
| 22 | the preference of the person with a disability disabled person | ||||||
| 23 | as
to a standby guardian.
The court may not appoint the Office | ||||||
| 24 | of State Guardian, pursuant to
Section 30 of the Guardianship | ||||||
| 25 | and Advocacy Act, or a public guardian, pursuant
to Section | ||||||
| 26 | 13-5 of this Act, as a standby guardian, without the written | ||||||
| |||||||
| |||||||
| 1 | consent
of the State Guardian or public guardian or an | ||||||
| 2 | authorized representative of the
State Guardian or public | ||||||
| 3 | guardian.
| ||||||
| 4 | (c) The standby guardian shall take and file an oath or | ||||||
| 5 | affirmation that the
standby guardian will faithfully | ||||||
| 6 | discharge the duties of the office of standby
guardian | ||||||
| 7 | according to law, and shall file in and have approved by the | ||||||
| 8 | court a
bond binding the standby guardian so to do, but shall | ||||||
| 9 | not be required to file a
bond until the standby guardian | ||||||
| 10 | assumes all duties as guardian of the person with a disability | ||||||
| 11 | disabled
person under Section 11a-18.2.
| ||||||
| 12 | (d) The designation of a standby guardian may, but need | ||||||
| 13 | not, be in the
following form:
| ||||||
| 14 | DESIGNATION OF STANDBY GUARDIAN
| ||||||
| 15 | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
| ||||||
| 16 | A standby guardian is someone who has been appointed by | ||||||
| 17 | the court as the
person who will act as guardian of the | ||||||
| 18 | person with a disability disabled person when the disabled
| ||||||
| 19 | person's guardian of the person with a disability dies or | ||||||
| 20 | is no longer willing or able to make and
carry out | ||||||
| 21 | day-to-day care decisions concerning the person with a | ||||||
| 22 | disability disabled person. By
properly completing this | ||||||
| 23 | form, a guardian is naming the person that the
guardian | ||||||
| 24 | wants to be appointed as the standby guardian of the person | ||||||
| 25 | with a disability disabled person.
Signing the form does | ||||||
| 26 | not appoint the standby guardian; to be appointed, a
| ||||||
| |||||||
| |||||||
| 1 | petition must be filed in and approved by the court.]
| ||||||
| 2 | 1. Guardian and Ward. I, (insert name of designating | ||||||
| 3 | guardian),
currently residing at (insert address of | ||||||
| 4 | designating guardian), am the guardian
of the following | ||||||
| 5 | person with a disability disabled person: (insert name of | ||||||
| 6 | ward).
| ||||||
| 7 | 2. Standby Guardian. I hereby designate the following | ||||||
| 8 | person to be
appointed as standby guardian for my ward | ||||||
| 9 | listed above: (insert name and
address
of person | ||||||
| 10 | designated).
| ||||||
| 11 | 3. Successor Standby Guardian. If the person named in | ||||||
| 12 | item 2 above
cannot or will not act as standby guardian, I | ||||||
| 13 | designate the following person to
be appointed as successor | ||||||
| 14 | standby guardian for my ward: (insert name and
address of | ||||||
| 15 | person designated).
| ||||||
| 16 | 4. Date and Signature. This designation is made this | ||||||
| 17 | (insert day) day of
(insert month and year).
| ||||||
| 18 | Signed: (designating guardian)
| ||||||
| 19 | 5. Witnesses. I saw the guardian sign this designation | ||||||
| 20 | or the guardian
told
me that the guardian signed this | ||||||
| 21 | designation. Then I signed the designation as
a witness in | ||||||
| 22 | the presence of the guardian. I am not designated in this
| ||||||
| 23 | instrument to
act as a standby guardian for the guardian's | ||||||
| 24 | ward. (insert space for names,
addresses, and signatures of | ||||||
| 25 | 2 witnesses)
| ||||||
| 26 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| |||||||
| |||||||
| 1 | (755 ILCS 5/11a-3.2)
| ||||||
| 2 | Sec. 11a-3.2. Short-term guardian.
| ||||||
| 3 | (a) The guardian of a person with a disability disabled | ||||||
| 4 | person
may appoint in writing, without court approval, a | ||||||
| 5 | short-term guardian
of the person with a disability disabled | ||||||
| 6 | person
to take over the guardian's duties, to the extent | ||||||
| 7 | provided in Section
11a-18.3, each time the guardian is | ||||||
| 8 | unavailable or unable to carry out those
duties. The guardian | ||||||
| 9 | shall consult with the person with a disability disabled person | ||||||
| 10 | to determine the
disabled person's preference of the person | ||||||
| 11 | with a disability concerning the person to be appointed as
| ||||||
| 12 | short-term guardian and the guardian shall give due | ||||||
| 13 | consideration to the
disabled person's preference of the person | ||||||
| 14 | with a disability in choosing a short-term guardian.
The | ||||||
| 15 | written instrument appointing a short-term
guardian shall be | ||||||
| 16 | dated and shall identify the appointing guardian, the
person | ||||||
| 17 | with a disability disabled person, the person appointed to be | ||||||
| 18 | the short-term guardian, and the
termination date of the | ||||||
| 19 | appointment. The
written instrument shall be signed by, or at | ||||||
| 20 | the direction of, the appointing
guardian in the presence of at | ||||||
| 21 | least 2 credible witnesses at least 18 years of
age, neither of | ||||||
| 22 | whom is the person appointed as the short-term guardian.
The | ||||||
| 23 | person appointed as the short-term guardian shall also sign the | ||||||
| 24 | written
instrument, but need not sign at the same time as the | ||||||
| 25 | appointing guardian.
A guardian may not appoint the Office of | ||||||
| |||||||
| |||||||
| 1 | State Guardian or a public guardian
as a short-term guardian, | ||||||
| 2 | without the written consent of the State Guardian or
public | ||||||
| 3 | guardian or an authorized representative of the State Guardian | ||||||
| 4 | or public
guardian.
| ||||||
| 5 | (b) The appointment of the short-term guardian is effective | ||||||
| 6 | immediately upon
the date the written instrument is executed, | ||||||
| 7 | unless the written instrument
provides for the appointment to | ||||||
| 8 | become effective upon a later specified date or
event. A | ||||||
| 9 | short-term guardian appointed by the guardian shall have | ||||||
| 10 | authority to
act as guardian of the
person with a disability | ||||||
| 11 | disabled person for a cumulative total of 60 days during any 12 | ||||||
| 12 | month period.
Only one written instrument appointing a | ||||||
| 13 | short-term guardian may be in force at
any given time.
| ||||||
| 14 | (c) Every appointment of a short-term guardian may be | ||||||
| 15 | amended or revoked by
the appointing guardian at any time and | ||||||
| 16 | in any manner communicated to the
short-term guardian or to any | ||||||
| 17 | other person. Any person other than the
short-term guardian to | ||||||
| 18 | whom a revocation or amendment is communicated or
delivered | ||||||
| 19 | shall make all reasonable
efforts to inform the short-term | ||||||
| 20 | guardian of that fact as promptly as possible.
| ||||||
| 21 | (d) The appointment of a short-term guardian or successor | ||||||
| 22 | short-term
guardian does not affect the rights in the person | ||||||
| 23 | with a disability disabled person of any guardian
other than | ||||||
| 24 | the
appointing guardian.
| ||||||
| 25 | (e) The written instrument appointing a short-term | ||||||
| 26 | guardian may, but need
not, be in the following form:
| ||||||
| |||||||
| |||||||
| 1 | APPOINTMENT OF SHORT-TERM GUARDIAN
| ||||||
| 2 | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
| ||||||
| 3 | By properly completing this form, a guardian is | ||||||
| 4 | appointing a short-term
guardian of the person with a | ||||||
| 5 | disability disabled person for a cumulative total of up to | ||||||
| 6 | 60 days during
any 12 month period. A separate form
shall | ||||||
| 7 | be completed each time a short-term guardian takes over | ||||||
| 8 | guardianship
duties. The person or persons appointed as the | ||||||
| 9 | short-term
guardian shall sign the form, but need not do so | ||||||
| 10 | at the same time as the
guardian.]
| ||||||
| 11 | 1. Guardian and Ward. I, (insert name of appointing | ||||||
| 12 | guardian),
currently residing at (insert address of | ||||||
| 13 | appointing guardian), am the guardian
of the following | ||||||
| 14 | person with a disability disabled person: (insert name of | ||||||
| 15 | ward).
| ||||||
| 16 | 2. Short-term Guardian. I hereby appoint the following | ||||||
| 17 | person as the
short-term guardian for my ward: (insert name | ||||||
| 18 | and address of appointed person).
| ||||||
| 19 | 3. Effective date. This appointment becomes effective: | ||||||
| 20 | (check one if you
wish it to be applicable)
| ||||||
| 21 | ( ) On the date that I state in writing that I am no | ||||||
| 22 | longer either
willing or able to make and carry out | ||||||
| 23 | day-to-day care decisions concerning
my ward.
| ||||||
| 24 | ( ) On the date that a physician familiar with my | ||||||
| 25 | condition certifies
in writing that I am no longer willing | ||||||
| |||||||
| |||||||
| 1 | or able to make and carry out day-to-day
care decisions | ||||||
| 2 | concerning my ward.
| ||||||
| 3 | ( ) On the date that I am admitted as an in-patient to | ||||||
| 4 | a hospital or
other health care institution.
| ||||||
| 5 | ( ) On the following date: (insert date).
| ||||||
| 6 | ( ) Other: (insert other).
| ||||||
| 7 | [NOTE: If this item is not completed, the appointment | ||||||
| 8 | is effective
immediately upon the date the form is signed | ||||||
| 9 | and dated below.]
| ||||||
| 10 | 4. Termination. This appointment shall terminate
on: | ||||||
| 11 | (enter a date corresponding to 60 days from the current | ||||||
| 12 | date, less the
number of days within the past 12 months | ||||||
| 13 | that any short-term guardian has taken
over guardianship | ||||||
| 14 | duties), unless it terminates sooner as determined by the
| ||||||
| 15 | event or date
I have indicated below: (check one if you | ||||||
| 16 | wish it to be applicable)
| ||||||
| 17 | ( ) On the date that I state in writing that I am | ||||||
| 18 | willing and able to
make and carry out day-to-day care | ||||||
| 19 | decisions concerning my ward.
| ||||||
| 20 | ( ) On the date that a physician familiar with my | ||||||
| 21 | condition certifies
in writing that I am willing and able | ||||||
| 22 | to make and carry out day-to-day care
decisions concerning | ||||||
| 23 | my ward.
| ||||||
| 24 | ( ) On the date that I am discharged from the hospital | ||||||
| 25 | or other
health care institution where I was admitted as an | ||||||
| 26 | in-patient, which
established the effective date.
| ||||||
| |||||||
| |||||||
| 1 | ( ) On the date which is (state a number of days)
days | ||||||
| 2 | after the effective date.
| ||||||
| 3 | ( ) Other: (insert other).
| ||||||
| 4 | [NOTE: If this item is not completed, the appointment | ||||||
| 5 | will be effective
until the 60th day within the past year | ||||||
| 6 | during which time any short-term
guardian of this ward had | ||||||
| 7 | taken over guardianship duties from the guardian,
| ||||||
| 8 | beginning on the effective date.]
| ||||||
| 9 | 5. Date and signature of appointing guardian. This | ||||||
| 10 | appointment is made
this (insert day) day of (insert month | ||||||
| 11 | and year).
| ||||||
| 12 | Signed: (appointing guardian)
| ||||||
| 13 | 6. Witnesses. I saw the guardian sign this instrument | ||||||
| 14 | or I saw the
guardian direct someone to sign this | ||||||
| 15 | instrument for the guardian. Then I
signed this instrument | ||||||
| 16 | as a witness in the presence of the guardian. I am not
| ||||||
| 17 | appointed in this instrument to act as the short-term | ||||||
| 18 | guardian for the
guardian's ward. (insert space for names, | ||||||
| 19 | addresses, and signatures of 2
witnesses)
| ||||||
| 20 | 7. Acceptance of short-term guardian. I accept this | ||||||
| 21 | appointment as
short-term guardian on this (insert day) day | ||||||
| 22 | of (insert month and year).
| ||||||
| 23 | Signed: (short-term guardian)
| ||||||
| 24 | (f) Each time the guardian appoints a short-term guardian, | ||||||
| 25 | the guardian
shall: (i) provide the person with a disability | ||||||
| 26 | disabled person with the name, address, and telephone
number of | ||||||
| |||||||
| |||||||
| 1 | the short-term guardian; (ii) advise the person with a | ||||||
| 2 | disability disabled person that he has
the right to object to | ||||||
| 3 | the appointment of the short-term guardian by filing a
petition | ||||||
| 4 | in court; and (iii) notify the person with a disability | ||||||
| 5 | disabled person when the short-term
guardian will be taking | ||||||
| 6 | over guardianship duties and the length of time that
the | ||||||
| 7 | short-term guardian will be acting as guardian.
| ||||||
| 8 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 9 | (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
| ||||||
| 10 | Sec. 11a-4. Temporary guardian. | ||||||
| 11 | (a) Prior to the appointment of a guardian
under this | ||||||
| 12 | Article, pending an appeal in relation to the
appointment, or
| ||||||
| 13 | pending the
completion of a citation proceeding brought | ||||||
| 14 | pursuant to Section 23-3 of this
Act,
or upon a guardian's | ||||||
| 15 | death, incapacity, or resignation, the court may appoint a | ||||||
| 16 | temporary guardian upon a showing of the necessity
therefor for | ||||||
| 17 | the immediate welfare and protection of the alleged
person with | ||||||
| 18 | a disability disabled person or his or her estate
on such | ||||||
| 19 | notice and subject to such conditions as the court may | ||||||
| 20 | prescribe.
In determining the necessity for temporary | ||||||
| 21 | guardianship, the immediate
welfare and protection of the | ||||||
| 22 | alleged person with a disability disabled person and his or her | ||||||
| 23 | estate
shall be
of paramount concern, and the interests of the | ||||||
| 24 | petitioner, any care provider,
or any other party shall not | ||||||
| 25 | outweigh the interests of the alleged person with a disability | ||||||
| |||||||
| |||||||
| 1 | disabled
person.
The temporary guardian shall have all of the | ||||||
| 2 | powers and duties of a guardian
of the person or of the estate | ||||||
| 3 | which are specifically enumerated by court
order. The court | ||||||
| 4 | order shall state the actual harm identified by the court
that | ||||||
| 5 | necessitates temporary guardianship or any extension thereof. | ||||||
| 6 | (b) The temporary guardianship shall
expire within 60 days | ||||||
| 7 | after the
appointment or whenever a guardian is regularly | ||||||
| 8 | appointed, whichever occurs
first. No extension shall be | ||||||
| 9 | granted except:
| ||||||
| 10 | (1) In a case where there has been an adjudication of | ||||||
| 11 | disability, an extension shall be granted: | ||||||
| 12 | (i) pending the disposition on appeal of an | ||||||
| 13 | adjudication of disability; | ||||||
| 14 | (ii) pending the completion of a citation | ||||||
| 15 | proceeding brought pursuant to Section 23-3; | ||||||
| 16 | (iii) pending the appointment of a successor | ||||||
| 17 | guardian in a case where the former guardian has | ||||||
| 18 | resigned, has become incapacitated, or is deceased; or | ||||||
| 19 | (iv) where the guardian's powers have been | ||||||
| 20 | suspended pursuant to a court order. | ||||||
| 21 | (2) In a case where there has not been an adjudication | ||||||
| 22 | of disability, an extension shall be granted pending the | ||||||
| 23 | disposition of a petition brought pursuant to Section 11a-8 | ||||||
| 24 | so long as the court finds it is in the best interest of | ||||||
| 25 | the alleged person with a disability disabled person to | ||||||
| 26 | extend the temporary guardianship so as to protect the | ||||||
| |||||||
| |||||||
| 1 | alleged person with a disability disabled person from any | ||||||
| 2 | potential abuse, neglect, self-neglect, exploitation, or | ||||||
| 3 | other harm and such extension lasts no more than 120 days | ||||||
| 4 | from the date the temporary guardian was originally | ||||||
| 5 | appointed. | ||||||
| 6 | The ward shall have the right any time after the | ||||||
| 7 | appointment
of a temporary guardian is made to petition the | ||||||
| 8 | court to revoke the appointment
of the temporary guardian.
| ||||||
| 9 | (Source: P.A. 97-614, eff. 1-1-12.)
| ||||||
| 10 | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
| ||||||
| 11 | Sec. 11a-5. Who may act as guardian.
| ||||||
| 12 | (a) A person is qualified to act as guardian of the person | ||||||
| 13 | and as guardian of the
estate of a person with a disability | ||||||
| 14 | disabled person if the court finds that the proposed guardian | ||||||
| 15 | is capable of providing an active and suitable program of | ||||||
| 16 | guardianship for the person with a disability disabled person | ||||||
| 17 | and that the proposed guardian: | ||||||
| 18 | (1) has attained the age of 18 years; | ||||||
| 19 | (2) is a resident of the United States; | ||||||
| 20 | (3) is not of unsound mind; | ||||||
| 21 | (4) is not an adjudged person with a disability | ||||||
| 22 | disabled person as defined in this Act; and | ||||||
| 23 | (5) has not been convicted of a felony, unless the | ||||||
| 24 | court finds appointment of the person convicted of a felony | ||||||
| 25 | to be in the disabled person's best interests of the person | ||||||
| |||||||
| |||||||
| 1 | with a disability, and as part of the best interest | ||||||
| 2 | determination, the court has considered the nature of the | ||||||
| 3 | offense, the date of offense, and the evidence of the | ||||||
| 4 | proposed guardian's rehabilitation. No person shall be | ||||||
| 5 | appointed who has been convicted of a felony involving harm | ||||||
| 6 | or threat to a minor or an elderly person or a person with | ||||||
| 7 | a disability or disabled person, including a felony sexual | ||||||
| 8 | offense.
| ||||||
| 9 | (b) Any public agency, or not-for-profit corporation found | ||||||
| 10 | capable by
the court of providing an active and suitable | ||||||
| 11 | program of guardianship for
the person with a disability | ||||||
| 12 | disabled person, taking into consideration the nature of such | ||||||
| 13 | person's
disability and the nature of such organization's | ||||||
| 14 | services, may be appointed
guardian of the person or of the | ||||||
| 15 | estate, or both, of the person with a disability disabled | ||||||
| 16 | person.
The court shall not appoint as guardian an agency which | ||||||
| 17 | is directly
providing residential services to the ward. One | ||||||
| 18 | person or agency may be
appointed guardian of the person and | ||||||
| 19 | another person or agency appointed
guardian of the estate.
| ||||||
| 20 | (c) Any corporation qualified to accept and execute trusts | ||||||
| 21 | in this State
may be appointed guardian of the estate of a | ||||||
| 22 | person with a disability disabled person.
| ||||||
| 23 | (Source: P.A. 98-120, eff. 1-1-14.)
| ||||||
| 24 | (755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)
| ||||||
| 25 | Sec. 11a-6.
Designation of Guardian.) A person, while of | ||||||
| |||||||
| |||||||
| 1 | sound mind
and memory, may designate in writing a person, | ||||||
| 2 | corporation or public agency
qualified to act under Section | ||||||
| 3 | 11a-5, to be
appointed as guardian or as successor guardian of | ||||||
| 4 | his person or of his
estate or both, in the event he is
| ||||||
| 5 | adjudged to be a person with a disability disabled person. The | ||||||
| 6 | designation may be proved
by any competent
evidence, but if it | ||||||
| 7 | is executed and attested in the same manner as a
will, it shall | ||||||
| 8 | have prima facie validity. If the court finds that the
| ||||||
| 9 | appointment of the one designated will serve the best interests | ||||||
| 10 | and
welfare of the ward, it shall make the appointment in | ||||||
| 11 | accordance with
the designation. The selection of the guardian | ||||||
| 12 | shall be in the
discretion of the court whether or not a | ||||||
| 13 | designation is made.
| ||||||
| 14 | (Source: P.A. 81-795.)
| ||||||
| 15 | (755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
| ||||||
| 16 | Sec. 11a-8. Petition. The petition
for adjudication of | ||||||
| 17 | disability and for the
appointment of a guardian of the estate | ||||||
| 18 | or the person or both of an alleged
person with a disability | ||||||
| 19 | disabled person must state, if known or reasonably | ||||||
| 20 | ascertainable: (a) the
relationship
and interest of the | ||||||
| 21 | petitioner to the respondent; (b) the name, date of
birth, and | ||||||
| 22 | place
of residence of the respondent; (c) the reasons for the | ||||||
| 23 | guardianship;
(d) the name and post office address of the | ||||||
| 24 | respondent's guardian, if
any, or of the respondent's agent or | ||||||
| 25 | agents appointed under the Illinois
Power
of Attorney Act, if | ||||||
| |||||||
| |||||||
| 1 | any; (e) the name and post office addresses of the
nearest | ||||||
| 2 | relatives of
the respondent in the following order: (1) the | ||||||
| 3 | spouse and adult
children, parents and adult brothers and
| ||||||
| 4 | sisters, if any; if none, (2) nearest adult kindred known to
| ||||||
| 5 | the
petitioner; (f) the name and address of the person with | ||||||
| 6 | whom or the
facility in which the respondent is residing; (g) | ||||||
| 7 | the approximate value
of the personal and real estate; (h) the | ||||||
| 8 | amount of the anticipated annual gross
income and other | ||||||
| 9 | receipts; (i) the name, post office address and in case
of an | ||||||
| 10 | individual, the age, relationship to the respondent and | ||||||
| 11 | occupation of
the proposed guardian.
In addition, if the | ||||||
| 12 | petition seeks the appointment of a previously appointed
| ||||||
| 13 | standby guardian as guardian of the person with a disability | ||||||
| 14 | disabled person, the petition must also
state: (j) the facts | ||||||
| 15 | concerning the standby guardian's previous appointment and
(k) | ||||||
| 16 | the date of death of the disabled person's guardian of the | ||||||
| 17 | person with a disability or the facts concerning
the consent of | ||||||
| 18 | the disabled person's guardian of the person with a disability | ||||||
| 19 | to the appointment of the standby
guardian as guardian, or the | ||||||
| 20 | willingness and ability of the disabled person's
guardian of | ||||||
| 21 | the person with a disability to make and carry out day-to-day | ||||||
| 22 | care decisions concerning the
person with a disability disabled | ||||||
| 23 | person.
A petition for adjudication of disability and the | ||||||
| 24 | appointment of a guardian
of the estate or the person
or both | ||||||
| 25 | of an alleged person with a disability disabled person may not | ||||||
| 26 | be dismissed or
withdrawn without
leave of the court.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 89-396, eff. 8-20-95; 90-796, eff. 12-15-98.)
| ||||||
| 2 | (755 ILCS 5/11a-8.1)
| ||||||
| 3 | Sec. 11a-8.1. Petition for standby guardian of the person | ||||||
| 4 | with a disability disabled person. The
petition for appointment | ||||||
| 5 | of a standby guardian of the person or the estate, or
both, of | ||||||
| 6 | a person with a disability disabled person must state, if | ||||||
| 7 | known: (a) the name, date of birth,
and
residence of the person | ||||||
| 8 | with a disability disabled person; (b) the names and post | ||||||
| 9 | office addresses of
the nearest relatives of the person with a | ||||||
| 10 | disability disabled person in the following order: (1) the
| ||||||
| 11 | spouse and adult children, parents and adult brothers and | ||||||
| 12 | sisters, if any; if
none, (2) nearest adult kindred known to | ||||||
| 13 | the petitioner; (c) the name and post
office address of the
| ||||||
| 14 | person having guardianship of the person with a disability | ||||||
| 15 | disabled person, and of any person or persons
acting as agents | ||||||
| 16 | of the person with a disability disabled person under
the | ||||||
| 17 | Illinois Power of Attorney Act; (d) the name, post office
| ||||||
| 18 | address, and, in case of any individual, the age and occupation | ||||||
| 19 | of the proposed
standby guardian; (e) the preference of the | ||||||
| 20 | person with a disability disabled person as to the choice of
| ||||||
| 21 | standby guardian; (f) the facts concerning the consent of the | ||||||
| 22 | disabled
person's guardian of the person with a disability to | ||||||
| 23 | the appointment of the standby guardian, or the
willingness and | ||||||
| 24 | ability of the disabled person's guardian of the person with a | ||||||
| 25 | disability to make and
carry out day-to-day care decisions | ||||||
| |||||||
| |||||||
| 1 | concerning the person with a disability disabled person; (g) | ||||||
| 2 | the
facts concerning the execution or admission to probate of | ||||||
| 3 | the written
designation of the standby guardian, if any, a copy | ||||||
| 4 | of which shall be attached
to or filed with the petition; (h) | ||||||
| 5 | the facts concerning any guardianship
court actions pending | ||||||
| 6 | concerning the person with a disability disabled person; and | ||||||
| 7 | (i) the facts
concerning the willingness of the proposed | ||||||
| 8 | standby
guardian to serve, and in the case of the Office of | ||||||
| 9 | State Guardian and any
public guardian, evidence of a written | ||||||
| 10 | acceptance to serve signed by the State
Guardian or public | ||||||
| 11 | guardian or an authorized representative of the State
Guardian | ||||||
| 12 | or public guardian, consistent with subsection (b) of Section
| ||||||
| 13 | 11a-3.1.
| ||||||
| 14 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 15 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
| 16 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
| 17 | (a) Upon the filing of a petition pursuant to Section | ||||||
| 18 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
| 19 | place within 30 days. The court
shall appoint a guardian ad | ||||||
| 20 | litem to report to the court concerning the
respondent's best | ||||||
| 21 | interests consistent with the provisions of this Section,
| ||||||
| 22 | except that
the appointment of a guardian ad litem shall not be | ||||||
| 23 | required when
the court determines that such appointment is not | ||||||
| 24 | necessary for the protection
of the respondent or a reasonably | ||||||
| 25 | informed decision on the petition.
If the guardian ad litem is | ||||||
| |||||||
| |||||||
| 1 | not a licensed attorney, he or she shall be
qualified,
by
| ||||||
| 2 | training or experience, to work with or advocate for persons | ||||||
| 3 | with developmental disabilities the developmentally
disabled, | ||||||
| 4 | the mentally ill, persons with physical disabilities | ||||||
| 5 | physically disabled, the elderly, or persons with a disability | ||||||
| 6 | due to disabled
because of mental deterioration, depending on | ||||||
| 7 | the type of disability that is
alleged in the petition.
The | ||||||
| 8 | court may allow the guardian ad litem reasonable compensation. | ||||||
| 9 | The
guardian ad litem may consult with a person who by training | ||||||
| 10 | or experience is
qualified to work with persons with a | ||||||
| 11 | developmental disability, persons with
mental illness, or | ||||||
| 12 | persons with physical disabilities physically disabled | ||||||
| 13 | persons, or persons with a disability due to disabled because | ||||||
| 14 | of
mental deterioration, depending on the type of disability | ||||||
| 15 | that is alleged.
The guardian ad litem shall personally observe | ||||||
| 16 | the respondent prior to the
hearing and shall inform
him orally | ||||||
| 17 | and in writing of the contents of the petition and of his | ||||||
| 18 | rights
under Section 11a-11.
The guardian ad litem shall also | ||||||
| 19 | attempt to elicit the respondent's position
concerning the | ||||||
| 20 | adjudication of disability, the proposed guardian, a proposed
| ||||||
| 21 | change in residential placement, changes in care that might | ||||||
| 22 | result from the
guardianship, and other areas of inquiry deemed | ||||||
| 23 | appropriate by the court.
Notwithstanding any provision in the | ||||||
| 24 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 25 | Act or any other law, a guardian ad litem shall have the right | ||||||
| 26 | to inspect and copy any medical or mental health record of the | ||||||
| |||||||
| |||||||
| 1 | respondent which the guardian ad litem deems necessary, | ||||||
| 2 | provided that the information so disclosed shall not be | ||||||
| 3 | utilized for any other purpose nor be redisclosed except in | ||||||
| 4 | connection with the proceedings. At or before the hearing, the | ||||||
| 5 | guardian ad litem shall file a written report
detailing his or | ||||||
| 6 | her observations of the respondent, the responses of the
| ||||||
| 7 | respondent to any of the inquires detailed in this Section, the | ||||||
| 8 | opinion of the
guardian
ad litem or other professionals with | ||||||
| 9 | whom the guardian ad litem consulted
concerning the | ||||||
| 10 | appropriateness of guardianship, and any other material issue
| ||||||
| 11 | discovered by the guardian ad litem. The guardian ad litem | ||||||
| 12 | shall appear at the
hearing and testify as to any issues | ||||||
| 13 | presented in his or her report.
| ||||||
| 14 | (b) The court (1) may appoint counsel for the respondent, | ||||||
| 15 | if the court finds
that the interests of the respondent will be | ||||||
| 16 | best served by the appointment,
and (2) shall appoint counsel | ||||||
| 17 | upon respondent's request or if the respondent
takes a position | ||||||
| 18 | adverse to that of the guardian ad litem. The respondent
shall | ||||||
| 19 | be permitted to obtain the appointment of counsel either at the | ||||||
| 20 | hearing
or by any written or oral request communicated to the | ||||||
| 21 | court prior to the
hearing. The summons shall inform the | ||||||
| 22 | respondent of this right to obtain
appointed counsel. The court | ||||||
| 23 | may allow counsel for the respondent reasonable
compensation.
| ||||||
| 24 | (c) If the respondent is unable to pay the fee of the | ||||||
| 25 | guardian ad litem or
appointed counsel, or both, the court may | ||||||
| 26 | enter an order for
the petitioner to
pay all
such
fees or such | ||||||
| |||||||
| |||||||
| 1 | amounts as the respondent or the respondent's estate may be | ||||||
| 2 | unable
to pay.
However, in cases where the Office of State | ||||||
| 3 | Guardian is the petitioner,
consistent with Section 30 of the | ||||||
| 4 | Guardianship and Advocacy Act, where the public guardian is the | ||||||
| 5 | petitioner, consistent with Section 13-5 of the Probate Act of | ||||||
| 6 | 1975,
where an adult protective services agency is the | ||||||
| 7 | petitioner, pursuant to
Section 9 of the Adult Protective | ||||||
| 8 | Services Act, or where the Department of Children and Family | ||||||
| 9 | Services is the petitioner under subparagraph (d) of subsection | ||||||
| 10 | (1) of Section 2-27 of the Juvenile Court Act of 1987, no | ||||||
| 11 | guardian ad litem or legal fees shall be assessed against the | ||||||
| 12 | Office of
State Guardian, the public guardian, the adult | ||||||
| 13 | protective services agency, or the Department of Children and | ||||||
| 14 | Family Services.
| ||||||
| 15 | (d) The hearing may be held at such convenient place as the | ||||||
| 16 | court directs,
including at a facility in which the respondent | ||||||
| 17 | resides.
| ||||||
| 18 | (e) Unless he is the petitioner, the respondent shall be | ||||||
| 19 | personally
served with a copy of the petition and a summons not | ||||||
| 20 | less than 14 days
before the hearing.
The summons shall be | ||||||
| 21 | printed in large, bold type and shall include the
following | ||||||
| 22 | notice:
| ||||||
| 23 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
| 24 | You have been named as a respondent in a guardianship | ||||||
| 25 | petition asking that
you be declared a person with a disability | ||||||
| 26 | disabled person. If the court grants the petition, a
guardian | ||||||
| |||||||
| |||||||
| 1 | will be appointed for you. A copy of the guardianship petition | ||||||
| 2 | is
attached for your convenience.
| ||||||
| 3 | The date and time of the hearing are:
| ||||||
| 4 | The place where the hearing will occur is:
| ||||||
| 5 | The Judge's name and phone number is:
| ||||||
| 6 | If a guardian is appointed for you, the guardian may be | ||||||
| 7 | given the right to
make all
important personal decisions for | ||||||
| 8 | you, such as where you may live, what medical
treatment you may | ||||||
| 9 | receive, what places you may visit, and who may visit you. A
| ||||||
| 10 | guardian may also be given the right to control and manage your | ||||||
| 11 | money and other
property, including your home, if you own one. | ||||||
| 12 | You may lose the right to make
these decisions for yourself.
| ||||||
| 13 | You have the following legal rights:
| ||||||
| 14 | (1) You have the right to be present at the court | ||||||
| 15 | hearing.
| ||||||
| 16 | (2) You have the right to be represented by a lawyer, | ||||||
| 17 | either one that you
retain, or one appointed by the Judge.
| ||||||
| 18 | (3) You have the right to ask for a jury of six persons | ||||||
| 19 | to hear your case.
| ||||||
| 20 | (4) You have the right to present evidence to the court | ||||||
| 21 | and to confront
and
cross-examine witnesses.
| ||||||
| 22 | (5) You have the right to ask the Judge to appoint an | ||||||
| 23 | independent expert
to examine you and give an opinion about | ||||||
| 24 | your need for a guardian.
| ||||||
| 25 | (6) You have the right to ask that the court hearing be | ||||||
| 26 | closed to the
public.
| ||||||
| |||||||
| |||||||
| 1 | (7) You have the right to tell the court whom you | ||||||
| 2 | prefer to have for your
guardian.
| ||||||
| 3 | You do not have to attend the court hearing if you do not | ||||||
| 4 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
| 5 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
| 6 | to you. The hearing will not be postponed or
canceled if you do | ||||||
| 7 | not attend.
| ||||||
| 8 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
| 9 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
| 10 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
| 11 | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | ||||||
| 12 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||||||
| 13 | TELL THE
JUDGE.
| ||||||
| 14 | Service of summons and the petition may be made by a | ||||||
| 15 | private person 18
years
of
age or over who is not a party to the | ||||||
| 16 | action.
| ||||||
| 17 | (f) Notice of the time and place of the hearing shall be | ||||||
| 18 | given by the
petitioner by mail or in person to those persons, | ||||||
| 19 | including the proposed
guardian, whose names and addresses
| ||||||
| 20 | appear in the petition and who do not waive notice, not less | ||||||
| 21 | than 14 days
before the hearing.
| ||||||
| 22 | (Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12; | ||||||
| 23 | 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, eff. 7-16-14.)
| ||||||
| 24 | (755 ILCS 5/11a-10.2)
| ||||||
| 25 | Sec. 11a-10.2.
Procedure for appointment of a standby | ||||||
| |||||||
| |||||||
| 1 | guardian or a
guardian of a person with a disability disabled | ||||||
| 2 | person. In any proceeding for the appointment of a
standby | ||||||
| 3 | guardian or a guardian the court may appoint a guardian ad | ||||||
| 4 | litem to
represent the person with a disability disabled person | ||||||
| 5 | in the proceeding.
| ||||||
| 6 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 7 | (755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
| ||||||
| 8 | Sec. 11a-11. Hearing.
| ||||||
| 9 | (a) The respondent is entitled to be represented by | ||||||
| 10 | counsel, to demand a
jury of 6 persons, to present evidence, | ||||||
| 11 | and to confront and cross-examine all
witnesses. The hearing | ||||||
| 12 | may be closed to the public on request of the
respondent, the | ||||||
| 13 | guardian ad litem, or appointed or other counsel for the | ||||||
| 14 | respondent. Unless excused by the court
upon a showing that the | ||||||
| 15 | respondent refuses to be present or will suffer harm
if | ||||||
| 16 | required to attend, the respondent shall be present
at the | ||||||
| 17 | hearing.
| ||||||
| 18 | (b) (Blank).
| ||||||
| 19 | (c) (Blank).
| ||||||
| 20 | (d) In an uncontested proceeding for the appointment of a | ||||||
| 21 | guardian the
person who prepared the report required by Section | ||||||
| 22 | 11a-9 will only be required
to testify at trial upon order of | ||||||
| 23 | court for cause shown.
| ||||||
| 24 | (e) At the hearing the court shall inquire regarding: (1) | ||||||
| 25 | the nature
and extent of respondent's general intellectual and | ||||||
| |||||||
| |||||||
| 1 | physical
functioning; (2) the extent of the impairment of his | ||||||
| 2 | adaptive behavior
if he is a person with a developmental | ||||||
| 3 | disability, or the nature and severity
of his mental illness if | ||||||
| 4 | he is a person with mental illness; (3) the
understanding and | ||||||
| 5 | capacity of the respondent to make and communicate
responsible | ||||||
| 6 | decisions concerning his person; (4) the capacity of the | ||||||
| 7 | respondent
to manage his estate and his financial affairs; (5) | ||||||
| 8 | the appropriateness of
proposed and alternate living | ||||||
| 9 | arrangements; (6) the impact of the
disability upon the | ||||||
| 10 | respondent's functioning in the basic activities of daily
| ||||||
| 11 | living and the important decisions faced by the respondent or | ||||||
| 12 | normally faced by
adult members of the respondent's community; | ||||||
| 13 | and (7) any other area of
inquiry deemed appropriate by the | ||||||
| 14 | court.
| ||||||
| 15 | (f) An authenticated transcript of the evidence taken in a | ||||||
| 16 | judicial
proceeding concerning the respondent under the Mental | ||||||
| 17 | Health and Developmental
Disabilities Code is admissible in | ||||||
| 18 | evidence at the hearing.
| ||||||
| 19 | (g) If the petition is for the appointment of a guardian | ||||||
| 20 | for a
beneficiary disabled beneficiary of the Veterans | ||||||
| 21 | Administration who has a disability, a certificate of
the | ||||||
| 22 | Administrator of Veterans Affairs or his representative | ||||||
| 23 | stating that
the beneficiary has been determined to be | ||||||
| 24 | incompetent by the Veterans
Administration on examination in | ||||||
| 25 | accordance with the laws and
regulations governing the Veterans | ||||||
| 26 | Administration in effect upon the
date of the issuance of the | ||||||
| |||||||
| |||||||
| 1 | certificate and that the appointment of a
guardian is a | ||||||
| 2 | condition precedent to the payment of any money due the
| ||||||
| 3 | beneficiary by the Veterans Administration, is admissible in | ||||||
| 4 | evidence at the
hearing.
| ||||||
| 5 | (Source: P.A. 98-1094, eff. 1-1-15.)
| ||||||
| 6 | (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
| ||||||
| 7 | Sec. 11a-12. Order of appointment.) | ||||||
| 8 | (a) If basis for the
appointment of a guardian as specified | ||||||
| 9 | in Section 11a-3 is not found,
the court shall dismiss the | ||||||
| 10 | petition.
| ||||||
| 11 | (b) If the respondent is adjudged to be a person with a | ||||||
| 12 | disability disabled and to lack some but not all of the | ||||||
| 13 | capacity as specified in Section 11a-3, and if the court finds | ||||||
| 14 | that
guardianship is necessary for the protection of the person | ||||||
| 15 | with a disability disabled
person, his or her estate, or both, | ||||||
| 16 | the court shall appoint a
limited guardian for the respondent's | ||||||
| 17 | person or estate or both. The
court shall enter a written order | ||||||
| 18 | stating
the factual basis for its findings and specifying the | ||||||
| 19 | duties and powers of the guardian and the legal disabilities to | ||||||
| 20 | which the respondent is subject.
| ||||||
| 21 | (c) If the respondent is adjudged to be a person with a | ||||||
| 22 | disability disabled and to be totally without capacity as | ||||||
| 23 | specified in Section 11a-3, and if the court finds
that limited | ||||||
| 24 | guardianship will not provide sufficient protection for the | ||||||
| 25 | person with a disability disabled person, his
or her estate, or | ||||||
| |||||||
| |||||||
| 1 | both, the court shall
appoint a plenary guardian for the | ||||||
| 2 | respondent's person or estate or both.
The court shall enter a | ||||||
| 3 | written order stating the factual basis
for its findings.
| ||||||
| 4 | (d) The selection of the guardian shall be in the | ||||||
| 5 | discretion
of the court, which shall give due consideration to | ||||||
| 6 | the preference of the
person with a disability disabled person | ||||||
| 7 | as to a guardian, as well as the qualifications of the
proposed | ||||||
| 8 | guardian, in making its appointment. However, the paramount | ||||||
| 9 | concern in the selection of the guardian is the best interest | ||||||
| 10 | and well-being of the person with a disability disabled person.
| ||||||
| 11 | (Source: P.A. 97-1093, eff. 1-1-13; 98-1094, eff. 1-1-15.)
| ||||||
| 12 | (755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
| ||||||
| 13 | Sec. 11a-13.
Costs in certain cases.) (a) No costs may be | ||||||
| 14 | taxed or charged
by any public officer in any proceeding for | ||||||
| 15 | the appointment of a
guardian or for any subsequent proceeding | ||||||
| 16 | or report made in pursuance of
the appointment when the primary | ||||||
| 17 | purpose of the appointment is as set forth
in Section 11-11 or | ||||||
| 18 | is the management of the estate of a person with a mental | ||||||
| 19 | disability mentally disabled
person who resides
in a state | ||||||
| 20 | mental health or developmental disabilities facility when the
| ||||||
| 21 | value of the personal estate does not exceed $1,000.
| ||||||
| 22 | (b) No costs shall be taxed or charged against the Office | ||||||
| 23 | of the State
Guardian by any public officer in any proceeding | ||||||
| 24 | for the appointment of
a guardian or for any subsequent | ||||||
| 25 | proceeding or report made in pursuance
of the appointment.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-1415.)
| ||||||
| 2 | (755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)
| ||||||
| 3 | Sec. 11a-16.
Testamentary guardian.) A parent of a person | ||||||
| 4 | with a disability disabled person may
designate
by will a | ||||||
| 5 | person, corporation or public agency qualified to act under
| ||||||
| 6 | Section 11a-5, to be appointed as guardian or as successor | ||||||
| 7 | guardian of the
person or of the estate or both of that person. | ||||||
| 8 | If a conservator appointed
under a prior law or a guardian | ||||||
| 9 | appointed under this Article is acting at
the time of the death | ||||||
| 10 | of the parent, the designation shall become effective
only upon | ||||||
| 11 | the death, incapacity, resignation or removal of the | ||||||
| 12 | conservator
or guardian. If no conservator or guardian is | ||||||
| 13 | acting at the time of the
death of the parent, the person, | ||||||
| 14 | corporation or public agency so designated
or any other person | ||||||
| 15 | may petition the court having jurisdiction over the
person or | ||||||
| 16 | estate or both of the child for the appointment of the one so
| ||||||
| 17 | designated. The designation shall be proved in the manner | ||||||
| 18 | provided for
proof of will. Admission of the will to probate in | ||||||
| 19 | any other jurisdiction
shall be conclusive proof of the | ||||||
| 20 | validity of the designation. If the court
finds that the | ||||||
| 21 | appointment of the one so designated will serve the best
| ||||||
| 22 | interests and welfare of the ward, it shall appoint the one so | ||||||
| 23 | designated.
The selection of a guardian shall be in the | ||||||
| 24 | discretion of the court, whether
or not a designation is made.
| ||||||
| 25 | (Source: P.A. 81-795.)
| ||||||
| |||||||
| |||||||
| 1 | (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
| ||||||
| 2 | Sec. 11a-17. Duties of personal guardian.
| ||||||
| 3 | (a) To the extent ordered by the court and under the | ||||||
| 4 | direction of the
court, the guardian of the person shall have | ||||||
| 5 | custody of the ward and the
ward's minor and adult dependent | ||||||
| 6 | children and shall procure for them and shall
make provision | ||||||
| 7 | for their support, care, comfort, health, education and
| ||||||
| 8 | maintenance, and professional services as are appropriate, but | ||||||
| 9 | the ward's
spouse may not be deprived of the custody and | ||||||
| 10 | education of the ward's minor
and adult dependent children, | ||||||
| 11 | without the consent of the spouse, unless the
court finds that | ||||||
| 12 | the spouse is not a fit and competent person to have that
| ||||||
| 13 | custody and education. The guardian shall assist the ward in | ||||||
| 14 | the
development of maximum self-reliance and independence. The | ||||||
| 15 | guardian of the
person may petition the court for an order | ||||||
| 16 | directing the guardian of the
estate to pay an amount | ||||||
| 17 | periodically for the provision of the services
specified by the | ||||||
| 18 | court order. If the ward's estate is insufficient to
provide | ||||||
| 19 | for education and the guardian of the ward's person fails to
| ||||||
| 20 | provide education, the court may award the custody of the ward | ||||||
| 21 | to some
other person for the purpose of providing education. If | ||||||
| 22 | a person makes a
settlement upon or provision for the support | ||||||
| 23 | or education of a ward, the
court may make an order for the | ||||||
| 24 | visitation of the ward by the person making
the settlement or | ||||||
| 25 | provision as the court deems proper. A guardian of the person | ||||||
| |||||||
| |||||||
| 1 | may not admit a ward to a mental health facility except at the | ||||||
| 2 | ward's request as provided in Article IV of the Mental Health | ||||||
| 3 | and Developmental Disabilities Code and unless the ward has the | ||||||
| 4 | capacity to consent to such admission as provided in Article IV | ||||||
| 5 | of the Mental Health and Developmental Disabilities Code.
| ||||||
| 6 | (a-5) If the ward filed a petition for dissolution of | ||||||
| 7 | marriage under the
Illinois
Marriage and Dissolution of | ||||||
| 8 | Marriage Act before the ward was adjudicated a
person with a | ||||||
| 9 | disability disabled
person under this Article, the guardian of | ||||||
| 10 | the ward's person and estate may
maintain that
action for
| ||||||
| 11 | dissolution of marriage on behalf of the ward. Upon petition by | ||||||
| 12 | the guardian of the ward's person or estate, the court may | ||||||
| 13 | authorize and direct a guardian of the ward's person or estate | ||||||
| 14 | to file a petition for dissolution of marriage or to file a | ||||||
| 15 | petition for legal separation or declaration of invalidity of | ||||||
| 16 | marriage under the Illinois Marriage and Dissolution of | ||||||
| 17 | Marriage Act on behalf of the ward if the court finds by clear | ||||||
| 18 | and convincing evidence that the relief sought is in the ward's | ||||||
| 19 | best interests. In making its determination, the court shall | ||||||
| 20 | consider the standards set forth in subsection (e) of this | ||||||
| 21 | Section. | ||||||
| 22 | (a-10) Upon petition by the guardian of the ward's person | ||||||
| 23 | or estate, the court may authorize and direct a guardian of the | ||||||
| 24 | ward's person or estate to consent, on behalf of the ward, to | ||||||
| 25 | the ward's marriage pursuant to Part II of the Illinois | ||||||
| 26 | Marriage and Dissolution of Marriage Act if the court finds by | ||||||
| |||||||
| |||||||
| 1 | clear and convincing evidence that the marriage is in the | ||||||
| 2 | ward's best interests. In making its determination, the court | ||||||
| 3 | shall consider the standards set forth in subsection (e) of | ||||||
| 4 | this Section. Upon presentation of a court order authorizing | ||||||
| 5 | and directing a guardian of the ward's person and estate to | ||||||
| 6 | consent to the ward's marriage, the county clerk shall accept | ||||||
| 7 | the guardian's application, appearance, and signature on | ||||||
| 8 | behalf of the ward for purposes of issuing a license to marry | ||||||
| 9 | under Section 203 of the Illinois Marriage and Dissolution of | ||||||
| 10 | Marriage Act.
| ||||||
| 11 | (b) If the court directs, the guardian of the person shall | ||||||
| 12 | file
with the court at intervals indicated by the court, a | ||||||
| 13 | report that
shall state briefly: (1) the current mental, | ||||||
| 14 | physical, and social
condition of the ward and the ward's minor | ||||||
| 15 | and adult dependent children; (2)
their present living | ||||||
| 16 | arrangement, and a description and the address of
every | ||||||
| 17 | residence where they lived during the reporting period and the | ||||||
| 18 | length
of stay at each place; (3) a summary of the medical, | ||||||
| 19 | educational,
vocational, and other professional services given | ||||||
| 20 | to them; (4) a resume of
the guardian's visits with and | ||||||
| 21 | activities on behalf of the ward and the ward's
minor and adult | ||||||
| 22 | dependent children; (5) a recommendation as to the need for
| ||||||
| 23 | continued guardianship; (6) any other information requested by | ||||||
| 24 | the court or
useful in the opinion of the guardian. The Office | ||||||
| 25 | of the State Guardian
shall assist the guardian in filing the | ||||||
| 26 | report when requested by the
guardian. The court may take such | ||||||
| |||||||
| |||||||
| 1 | action as it deems appropriate pursuant
to the report.
| ||||||
| 2 | (c) Absent court order pursuant to the Illinois Power of | ||||||
| 3 | Attorney Act
directing a guardian to exercise powers of the | ||||||
| 4 | principal under an agency
that survives disability, the | ||||||
| 5 | guardian has no power, duty, or liability
with respect to any | ||||||
| 6 | personal or health care matters covered by the agency.
This | ||||||
| 7 | subsection (c) applies to all agencies, whenever and wherever | ||||||
| 8 | executed.
| ||||||
| 9 | (d) A guardian acting as a surrogate decision maker under | ||||||
| 10 | the Health
Care Surrogate Act shall have all the rights of a | ||||||
| 11 | surrogate under that Act
without court order including the | ||||||
| 12 | right to make medical treatment decisions
such as decisions to | ||||||
| 13 | forgo or withdraw life-sustaining treatment.
Any decisions by | ||||||
| 14 | the guardian to forgo or withdraw life-sustaining treatment
| ||||||
| 15 | that are not authorized under the Health Care Surrogate Act | ||||||
| 16 | shall require a
court order. Nothing in this Section shall | ||||||
| 17 | prevent an agent acting under a
power of attorney for health | ||||||
| 18 | care from exercising his or her authority under
the Illinois | ||||||
| 19 | Power of Attorney Act without further court order, unless a | ||||||
| 20 | court
has acted under Section 2-10 of the Illinois Power of | ||||||
| 21 | Attorney Act. If a
guardian is also a health care agent for the | ||||||
| 22 | ward under a valid power of
attorney for health care, the | ||||||
| 23 | guardian acting as agent may execute his or her
authority under | ||||||
| 24 | that act without further court order.
| ||||||
| 25 | (e) Decisions made by a guardian on behalf of a ward shall | ||||||
| 26 | be made in
accordance with the following
standards for decision | ||||||
| |||||||
| |||||||
| 1 | making. Decisions made by a guardian on behalf of a ward
may be | ||||||
| 2 | made by conforming as closely as possible to what the ward, if
| ||||||
| 3 | competent, would have done or intended under the circumstances, | ||||||
| 4 | taking into
account evidence that includes, but is not limited | ||||||
| 5 | to, the ward's personal,
philosophical, religious and moral | ||||||
| 6 | beliefs, and ethical values relative to the
decision to be made | ||||||
| 7 | by the guardian. Where possible, the guardian shall
determine | ||||||
| 8 | how the ward would have made a decision based on the ward's
| ||||||
| 9 | previously expressed preferences, and make decisions in | ||||||
| 10 | accordance with the
preferences of the ward. If the ward's | ||||||
| 11 | wishes are unknown and remain unknown
after reasonable efforts | ||||||
| 12 | to discern them, the decision shall be made on the
basis of the | ||||||
| 13 | ward's best interests as determined by the guardian. In
| ||||||
| 14 | determining the ward's best interests, the guardian shall weigh | ||||||
| 15 | the reason for
and nature of the proposed action, the benefit | ||||||
| 16 | or necessity of the action, the
possible risks and other | ||||||
| 17 | consequences of the proposed action, and any available
| ||||||
| 18 | alternatives and their risks, consequences and benefits, and | ||||||
| 19 | shall take into
account any other information, including the | ||||||
| 20 | views of family and friends, that
the guardian believes the | ||||||
| 21 | ward would have considered if able to act for herself
or | ||||||
| 22 | himself.
| ||||||
| 23 | (f) Upon petition by any interested person (including the | ||||||
| 24 | standby or
short-term guardian), with such notice to interested | ||||||
| 25 | persons as the court
directs and a finding by the court that it | ||||||
| 26 | is in the best interest of the
person with a disability | ||||||
| |||||||
| |||||||
| 1 | disabled person, the court may terminate or limit the authority | ||||||
| 2 | of a standby or
short-term guardian or may enter such other | ||||||
| 3 | orders as the court deems necessary
to provide for the best | ||||||
| 4 | interest of the person with a disability disabled person. The | ||||||
| 5 | petition
for termination or limitation of the authority of a | ||||||
| 6 | standby or short-term
guardian may, but need not, be combined | ||||||
| 7 | with a petition to have another
guardian appointed for the | ||||||
| 8 | person with a disability disabled person.
| ||||||
| 9 | (Source: P.A. 98-1107, eff. 8-26-14.)
| ||||||
| 10 | (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
| ||||||
| 11 | Sec. 11a-18. Duties of the estate guardian.
| ||||||
| 12 | (a) To the extent
specified in the order establishing the | ||||||
| 13 | guardianship, the guardian of
the estate shall have the care, | ||||||
| 14 | management and
investment of the estate, shall manage the | ||||||
| 15 | estate frugally and shall
apply the income and principal of the | ||||||
| 16 | estate so far as necessary for the
comfort and suitable support | ||||||
| 17 | and education of the ward, his minor and adult
dependent | ||||||
| 18 | children, and persons related by blood or marriage
who are | ||||||
| 19 | dependent upon or entitled to support from him, or for any | ||||||
| 20 | other
purpose which the court deems to be for the best | ||||||
| 21 | interests of the ward,
and the court may approve the making on | ||||||
| 22 | behalf of the ward of such
agreements as the court determines | ||||||
| 23 | to be for the ward's best interests.
The guardian may make | ||||||
| 24 | disbursement of his ward's
funds and estate directly to the | ||||||
| 25 | ward or other distributee or in such
other manner and in such | ||||||
| |||||||
| |||||||
| 1 | amounts as the court directs. If the estate of
a ward is | ||||||
| 2 | derived in whole or in part from payments of compensation,
| ||||||
| 3 | adjusted compensation, pension, insurance or other similar | ||||||
| 4 | benefits made
directly to the estate by the Veterans | ||||||
| 5 | Administration, notice of the
application for leave to invest | ||||||
| 6 | or expend the ward's funds or estate,
together with a copy of | ||||||
| 7 | the petition and proposed order, shall be given
to the | ||||||
| 8 | Veterans' Administration Regional Office in this State at least | ||||||
| 9 | 7
days before the hearing on the application.
| ||||||
| 10 | (a-5) The probate court, upon petition of a guardian, other | ||||||
| 11 | than the
guardian of a minor, and after notice to all other | ||||||
| 12 | persons interested as the
court directs, may authorize the | ||||||
| 13 | guardian to exercise any or all powers over
the estate and | ||||||
| 14 | business affairs of the ward that the ward could exercise if
| ||||||
| 15 | present and not under disability. The court may authorize the | ||||||
| 16 | taking of an
action or the application of funds not required | ||||||
| 17 | for the ward's current and
future maintenance
and support in | ||||||
| 18 | any manner approved by the court as being in keeping with the
| ||||||
| 19 | ward's wishes so far as they can be ascertained. The court must | ||||||
| 20 | consider the
permanence of the ward's disabling condition and | ||||||
| 21 | the natural objects of the
ward's bounty. In ascertaining and | ||||||
| 22 | carrying
out the ward's wishes the court may consider, but | ||||||
| 23 | shall not be limited to,
minimization of State or federal | ||||||
| 24 | income, estate, or inheritance taxes; and
providing gifts to | ||||||
| 25 | charities, relatives, and friends that would be likely
| ||||||
| 26 | recipients of donations from the ward. The ward's wishes as | ||||||
| |||||||
| |||||||
| 1 | best they can be
ascertained shall be carried out, whether or | ||||||
| 2 | not tax savings are involved.
Actions or applications of funds | ||||||
| 3 | may include, but shall not be limited to, the
following:
| ||||||
| 4 | (1) making gifts of income or principal, or both, of | ||||||
| 5 | the estate, either
outright or in trust;
| ||||||
| 6 | (2) conveying, releasing, or disclaiming his or her | ||||||
| 7 | contingent and
expectant interests in property, including | ||||||
| 8 | marital property rights and any
right of survivorship | ||||||
| 9 | incident to joint tenancy or tenancy by the entirety;
| ||||||
| 10 | (3) releasing or disclaiming his or her powers as | ||||||
| 11 | trustee, personal
representative, custodian for minors, or | ||||||
| 12 | guardian;
| ||||||
| 13 | (4) exercising, releasing, or disclaiming his or her | ||||||
| 14 | powers as donee
of a power of appointment;
| ||||||
| 15 | (5) entering into contracts;
| ||||||
| 16 | (6) creating for the benefit of the ward or others, | ||||||
| 17 | revocable or
irrevocable trusts of his or her property that | ||||||
| 18 | may extend beyond his or her
disability or life;
| ||||||
| 19 | (7) exercising options of the ward to purchase or | ||||||
| 20 | exchange
securities or other property;
| ||||||
| 21 | (8) exercising the rights of the ward to elect benefit | ||||||
| 22 | or payment
options, to terminate, to change beneficiaries | ||||||
| 23 | or ownership, to assign
rights, to borrow, or to receive | ||||||
| 24 | cash value in return for a surrender of
rights under any | ||||||
| 25 | one or more of the following:
| ||||||
| 26 | (i) life insurance policies, plans, or benefits,
| ||||||
| |||||||
| |||||||
| 1 | (ii) annuity policies, plans, or benefits,
| ||||||
| 2 | (iii) mutual fund and other dividend investment | ||||||
| 3 | plans,
| ||||||
| 4 | (iv) retirement, profit sharing, and employee | ||||||
| 5 | welfare plans and
benefits;
| ||||||
| 6 | (9) exercising his or her right to claim or disclaim an | ||||||
| 7 | elective share
in the estate of his or her deceased spouse | ||||||
| 8 | and to renounce any interest by
testate or intestate | ||||||
| 9 | succession or by inter vivos transfer;
| ||||||
| 10 | (10) changing the ward's residence or domicile; or
| ||||||
| 11 | (11) modifying by means of codicil or trust amendment | ||||||
| 12 | the terms of the
ward's will or any revocable trust created | ||||||
| 13 | by the ward, as the court may
consider advisable in light | ||||||
| 14 | of changes in applicable tax laws.
| ||||||
| 15 | The guardian in his or her petition shall briefly outline | ||||||
| 16 | the action or
application of funds for which he or she seeks | ||||||
| 17 | approval, the results expected
to be accomplished thereby, and | ||||||
| 18 | the tax savings, if any, expected to accrue.
The proposed | ||||||
| 19 | action or application of funds may include gifts of the ward's
| ||||||
| 20 | personal property or real estate, but transfers of real estate | ||||||
| 21 | shall be subject
to the requirements of Section 20 of this Act. | ||||||
| 22 | Gifts may be for
the benefit of prospective legatees, devisees, | ||||||
| 23 | or heirs apparent of the ward
or may be made to individuals or | ||||||
| 24 | charities in which the ward is believed to
have an interest. | ||||||
| 25 | The guardian shall also indicate in the petition that any
| ||||||
| 26 | planned disposition is consistent with the intentions of the | ||||||
| |||||||
| |||||||
| 1 | ward insofar as
they can be ascertained, and if the ward's | ||||||
| 2 | intentions cannot be ascertained,
the ward will be presumed to | ||||||
| 3 | favor reduction in the incidents of various forms
of taxation | ||||||
| 4 | and the partial distribution of his or her estate as provided | ||||||
| 5 | in
this subsection. The guardian shall not, however, be | ||||||
| 6 | required to include as
a beneficiary or fiduciary any person | ||||||
| 7 | who he has reason to believe would be
excluded by the ward. A | ||||||
| 8 | guardian shall be required to investigate and pursue
a ward's | ||||||
| 9 | eligibility for governmental benefits.
| ||||||
| 10 | (b) Upon the direction of the court which issued his | ||||||
| 11 | letters,
a guardian may perform the contracts of his ward which | ||||||
| 12 | were
legally subsisting at the time of the commencement of the | ||||||
| 13 | ward's
disability. The court may authorize the guardian to | ||||||
| 14 | execute and deliver
any bill of sale, deed or other instrument.
| ||||||
| 15 | (c) The guardian of the estate of a ward shall
appear for | ||||||
| 16 | and represent the ward in all legal proceedings unless another
| ||||||
| 17 | person is appointed for that purpose as guardian or next | ||||||
| 18 | friend. This does not
impair the power of any court to appoint | ||||||
| 19 | a guardian ad litem or next friend
to defend the interests of | ||||||
| 20 | the ward in that court, or to appoint or allow any
person as | ||||||
| 21 | the next friend of a ward to commence, prosecute or defend any
| ||||||
| 22 | proceeding in his behalf. Without impairing the power of the | ||||||
| 23 | court in any
respect, if the guardian of the estate of a ward | ||||||
| 24 | and another person as next
friend shall appear for and | ||||||
| 25 | represent the ward in a legal proceeding in which
the | ||||||
| 26 | compensation of the attorney or attorneys representing the | ||||||
| |||||||
| |||||||
| 1 | guardian and
next friend is solely determined under a | ||||||
| 2 | contingent fee arrangement, the
guardian of the estate of the | ||||||
| 3 | ward shall not participate in or have any duty
to review the | ||||||
| 4 | prosecution of the action, to participate in or review the
| ||||||
| 5 | appropriateness of any settlement of the action, or to | ||||||
| 6 | participate in or review
any determination of the | ||||||
| 7 | appropriateness of any fees awarded to the attorney or
| ||||||
| 8 | attorneys employed in the prosecution of the action.
| ||||||
| 9 | (d) Adjudication of disability shall not revoke or
| ||||||
| 10 | otherwise terminate a trust which is revocable by the ward. A | ||||||
| 11 | guardian of the
estate shall have no authority to revoke a | ||||||
| 12 | trust that is revocable by the
ward, except that the court may | ||||||
| 13 | authorize a guardian to revoke a Totten trust
or similar | ||||||
| 14 | deposit or withdrawable capital account in trust to the extent
| ||||||
| 15 | necessary to provide funds for the purposes specified in | ||||||
| 16 | paragraph (a) of
this Section. If the trustee of any trust for | ||||||
| 17 | the benefit of the ward has
discretionary power to apply income | ||||||
| 18 | or principal for the ward's benefit,
the trustee shall not be | ||||||
| 19 | required to distribute any of the income or principal
to the | ||||||
| 20 | guardian of the ward's estate, but the guardian may
bring an | ||||||
| 21 | action on behalf of the ward to compel
the trustee to exercise | ||||||
| 22 | the trustee's discretion or to seek relief from
an abuse of | ||||||
| 23 | discretion. This paragraph shall not limit the right of a
| ||||||
| 24 | guardian of the estate to receive accountings from the trustee
| ||||||
| 25 | on behalf of the ward.
| ||||||
| 26 | (e) Absent court order pursuant to the Illinois Power of | ||||||
| |||||||
| |||||||
| 1 | Attorney
Act directing a guardian to exercise
powers of the | ||||||
| 2 | principal under an agency that survives disability, the
| ||||||
| 3 | guardian will have no power, duty or liability with respect to | ||||||
| 4 | any property
subject to the agency. This subsection (e) applies | ||||||
| 5 | to all agencies,
whenever and wherever executed.
| ||||||
| 6 | (f) Upon petition by any interested person (including the | ||||||
| 7 | standby or
short-term guardian), with such notice to interested | ||||||
| 8 | persons as the court
directs and a finding by the court that it | ||||||
| 9 | is in the best interest of the
person with a disability | ||||||
| 10 | disabled person, the court may terminate or limit the authority | ||||||
| 11 | of a standby or
short-term guardian or may enter such other | ||||||
| 12 | orders as the court deems necessary
to provide for the best | ||||||
| 13 | interest of the person with a disability disabled person. The | ||||||
| 14 | petition for
termination or limitation of the authority of a | ||||||
| 15 | standby or short-term guardian
may, but need not, be combined | ||||||
| 16 | with a petition to have another guardian
appointed for the | ||||||
| 17 | person with a disability disabled person.
| ||||||
| 18 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 19 | (755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)
| ||||||
| 20 | Sec. 11a-18.1. Conditional gifts. (a) The court may | ||||||
| 21 | authorize and
direct the guardian of the estate to make | ||||||
| 22 | conditional gifts from the estate
of a person with a disability | ||||||
| 23 | disabled person to any spouse, parent, brother or sister of the | ||||||
| 24 | person with a disability disabled
person who dedicates himself | ||||||
| 25 | or herself to the care of the person with a disability disabled | ||||||
| |||||||
| |||||||
| 1 | person
by living with and personally caring for the person with | ||||||
| 2 | a disability disabled person for at least 3
years. It shall be | ||||||
| 3 | presumed that the person with a disability disabled person | ||||||
| 4 | intends to make such
conditional gifts.
| ||||||
| 5 | (b) A conditional gift shall not be distributed to the | ||||||
| 6 | donee until the
death of the person with a disability disabled | ||||||
| 7 | person. The court may impose such other conditions
on the gift | ||||||
| 8 | as the court deems just and reasonable. The court may provide
| ||||||
| 9 | for an alternate disposition of the gift should the donee die | ||||||
| 10 | before the
person with a disability disabled person; provided | ||||||
| 11 | that if no such alternate disposition is made,
the conditional | ||||||
| 12 | gift shall lapse upon the death of the donee prior to the
death | ||||||
| 13 | of the person with a disability disabled person. A conditional | ||||||
| 14 | gift may be modified or
revoked by the court at any time.
| ||||||
| 15 | (c) The guardian of the estate, the spouse, parent, brother | ||||||
| 16 | or sister of
a person with a disability disabled person, or any | ||||||
| 17 | other interested person may petition the court to
authorize and | ||||||
| 18 | direct the guardian of the estate to make a conditional gift
or | ||||||
| 19 | to modify, revoke or distribute a conditional gift. All persons | ||||||
| 20 | who
would be heirs of the person with a disability disabled | ||||||
| 21 | person if the person with a disability disabled person died on | ||||||
| 22 | the
date the petition is filed (or the heirs if the person with | ||||||
| 23 | a disability disabled person is
deceased) and all legatees | ||||||
| 24 | under any known last will of the person with a disability | ||||||
| 25 | disabled person
shall be given reasonable notice of the hearing | ||||||
| 26 | on the petition by
certified U. S. mail, return receipt | ||||||
| |||||||
| |||||||
| 1 | requested. If a trustee is a legatee,
notice shall be given to | ||||||
| 2 | the trustee and need not be given to the trust
beneficiaries. | ||||||
| 3 | Any person entitled to notice of the hearing may appear and
| ||||||
| 4 | object to the petition. The giving of the notice of the hearing | ||||||
| 5 | to those
persons entitled to notice shall cause the decision | ||||||
| 6 | and order of the court
to be binding upon all other persons who | ||||||
| 7 | otherwise may
be interested or may become interested in the | ||||||
| 8 | estate of the person with a disability disabled person.
| ||||||
| 9 | (d) The guardian of the estate shall set aside conditional | ||||||
| 10 | gifts in a
separate fund for each donee and shall hold and | ||||||
| 11 | invest each fund as part of
the estate of the person with a | ||||||
| 12 | disability disabled person. Upon order of the court, any | ||||||
| 13 | conditional gift
may be revoked or modified in whole or part so | ||||||
| 14 | that the assets may be used
for the care and comfort of the | ||||||
| 15 | person with a disability disabled person should funds otherwise
| ||||||
| 16 | available for such purposes be inadequate.
| ||||||
| 17 | (e) Upon the death of the person with a disability disabled | ||||||
| 18 | person, the guardian of the estate
shall hold each special fund | ||||||
| 19 | as trustee and shall petition the court for
authorization to | ||||||
| 20 | distribute the special fund and for any other appropriate
| ||||||
| 21 | relief. The court shall order distribution upon such terms and | ||||||
| 22 | conditions
as the court deems just and reasonable.
| ||||||
| 23 | (Source: P.A. 85-1417.)
| ||||||
| 24 | (755 ILCS 5/11a-18.2)
| ||||||
| 25 | Sec. 11a-18.2. Duties of standby guardian of a person with | ||||||
| |||||||
| |||||||
| 1 | a disability disabled person.
| ||||||
| 2 | (a) Before a standby guardian of a person with a disability | ||||||
| 3 | disabled person may act, the standby
guardian must be appointed | ||||||
| 4 | by the court of the proper county and, in the case
of a standby | ||||||
| 5 | guardian of the disabled person's estate of the person with a | ||||||
| 6 | disability, the standby guardian
must give the bond prescribed | ||||||
| 7 | in subsection (c) of Section 11a-3.1 and Section
12-2.
| ||||||
| 8 | (b) The standby guardian shall not have any duties or | ||||||
| 9 | authority to act until
the standby guardian receives knowledge | ||||||
| 10 | of the death or consent of the disabled
person's guardian of | ||||||
| 11 | the person with a disability, or the inability of the disabled | ||||||
| 12 | person's guardian of the person with a disability to make
and | ||||||
| 13 | carry out day-to-day care decisions concerning the person with | ||||||
| 14 | a disability disabled person
for whom the standby guardian has | ||||||
| 15 | been appointed. This inability of the
disabled person's | ||||||
| 16 | guardian of the person with a disability to make and carry out | ||||||
| 17 | day-to-day care
decisions may be communicated either by the | ||||||
| 18 | guardian's own admission or by the
written certification of the | ||||||
| 19 | guardian's attending physician. Immediately upon
receipt of | ||||||
| 20 | that knowledge, the standby guardian shall assume all duties as
| ||||||
| 21 | guardian of the person with a disability disabled person as | ||||||
| 22 | previously determined by the order
appointing the standby | ||||||
| 23 | guardian, and as set forth in Sections 11a-17 and
11a-18, and | ||||||
| 24 | the standby guardian of the person shall have the authority to | ||||||
| 25 | act
as guardian of the person without direction of court for a | ||||||
| 26 | period of up to 60
days, provided that the authority of the | ||||||
| |||||||
| |||||||
| 1 | standby guardian may be limited or
terminated by a court of | ||||||
| 2 | competent jurisdiction.
| ||||||
| 3 | (c) Within 60 days of the standby guardian's receipt of | ||||||
| 4 | knowledge of the
death or consent of the disabled person's | ||||||
| 5 | guardian of the person with a disability, or the inability of | ||||||
| 6 | the
disabled person's guardian of the person with a disability | ||||||
| 7 | to make and carry out day-to-day care decisions
concerning the | ||||||
| 8 | person with a disability disabled person, the standby guardian | ||||||
| 9 | shall file or cause to be
filed a petition for the appointment | ||||||
| 10 | of a guardian of the person or estate, or
both, of the person | ||||||
| 11 | with a disability disabled person under Section 11a-3.
| ||||||
| 12 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 13 | (755 ILCS 5/11a-18.3)
| ||||||
| 14 | Sec. 11a-18.3. Duties of short-term guardian of a person | ||||||
| 15 | with a disability disabled person.
| ||||||
| 16 | (a) Immediately upon the effective date of the appointment | ||||||
| 17 | of a short-term
guardian, the short-term guardian shall assume | ||||||
| 18 | all duties as short-term
guardian of the person with a | ||||||
| 19 | disability disabled person as provided in this Section. The | ||||||
| 20 | short-term
guardian of the person shall have authority to act | ||||||
| 21 | as short-term guardian,
without direction of the court, for the | ||||||
| 22 | duration of the appointment, which in
no case shall exceed a | ||||||
| 23 | cumulative total of 60 days in any 12 month period for
all | ||||||
| 24 | short-term guardians appointed by the guardian. The authority | ||||||
| 25 | of the
short-term guardian may be limited or terminated by a | ||||||
| |||||||
| |||||||
| 1 | court of competent
jurisdiction.
| ||||||
| 2 | (b) Unless further specifically limited by the instrument | ||||||
| 3 | appointing the
short-term guardian, a short-term guardian | ||||||
| 4 | shall have the authority to act as a
guardian of the person of | ||||||
| 5 | a person with a disability disabled person as prescribed in | ||||||
| 6 | Section 11a-17,
but shall not have any authority to act as | ||||||
| 7 | guardian of the estate of a person with a disability disabled
| ||||||
| 8 | person, except that a short-term guardian shall have the | ||||||
| 9 | authority to apply for
and receive on behalf of the person with | ||||||
| 10 | a disability disabled person benefits to which the person with | ||||||
| 11 | a disability disabled
person may be entitled from or under | ||||||
| 12 | federal, State, or local organizations or
programs.
| ||||||
| 13 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 14 | (755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
| ||||||
| 15 | Sec. 11a-20. Termination of adjudication of disability - | ||||||
| 16 | Revocation
of letters - modification.) | ||||||
| 17 | (a) Except as provided in subsection (b-5), upon the filing | ||||||
| 18 | of
a petition by or on behalf of a person with a disability | ||||||
| 19 | disabled person or on its own motion, the
court may terminate | ||||||
| 20 | the adjudication of disability of the ward, revoke the
letters | ||||||
| 21 | of guardianship of the estate or person, or both, or modify the | ||||||
| 22 | duties
of the guardian if the ward's capacity to perform the | ||||||
| 23 | tasks necessary for
the care of his person or the management of | ||||||
| 24 | his estate has been
demonstrated by clear and convincing | ||||||
| 25 | evidence. A report or testimony by a
licensed physician is not | ||||||
| |||||||
| |||||||
| 1 | a prerequisite for termination, revocation or
modification of a | ||||||
| 2 | guardianship order under this subsection (a).
| ||||||
| 3 | (b) Except as provided in subsection (b-5), a request by | ||||||
| 4 | the ward or any other person on the ward's behalf,
under this | ||||||
| 5 | Section may be communicated to the court or judge by any means,
| ||||||
| 6 | including but not limited to informal letter, telephone call or | ||||||
| 7 | visit. Upon
receipt of a request from the ward or another | ||||||
| 8 | person, the court may
appoint a guardian ad litem to | ||||||
| 9 | investigate and report to the court
concerning the allegations | ||||||
| 10 | made in conjunction with said request, and if
the ward wishes | ||||||
| 11 | to terminate, revoke, or modify the guardianship order, to
| ||||||
| 12 | prepare the ward's petition and to render such other services | ||||||
| 13 | as the court
directs.
| ||||||
| 14 | (b-5) Upon the filing of a verified petition by the | ||||||
| 15 | guardian of the person with a disability disabled person or the | ||||||
| 16 | person with a disability disabled person, the court may | ||||||
| 17 | terminate the adjudication of disability of the ward, revoke | ||||||
| 18 | the letters of guardianship of the estate or person, or both, | ||||||
| 19 | or modify the duties of the guardian if: (i) a report completed | ||||||
| 20 | in accordance with subsection (a) of Section 11a-9 states that | ||||||
| 21 | the person with a disability disabled person is no longer in | ||||||
| 22 | need of guardianship or that the type and scope of guardianship | ||||||
| 23 | should be modified; (ii) the person with a disability disabled | ||||||
| 24 | person no longer wishes to be under guardianship or desires | ||||||
| 25 | that the type and scope of guardianship be modified; and (iii) | ||||||
| 26 | the guardian of the person with a disability disabled person | ||||||
| |||||||
| |||||||
| 1 | states that it is in the best interest of the person with a | ||||||
| 2 | disability disabled person to terminate the adjudication of | ||||||
| 3 | disability of the ward, revoke the letters of guardianship of | ||||||
| 4 | the estate or person, or both, or modify the duties of the | ||||||
| 5 | guardian, and provides the basis thereof. In a proceeding | ||||||
| 6 | brought pursuant to this subsection (b-5), the court may | ||||||
| 7 | terminate the adjudication of disability of the ward, revoke | ||||||
| 8 | the letters of guardianship of the estate or person, or both, | ||||||
| 9 | or modify the duties of the guardian, unless it has been | ||||||
| 10 | demonstrated by clear and convincing evidence that the ward is | ||||||
| 11 | incapable of performing the tasks necessary for the care of his | ||||||
| 12 | or her person or the management of his or her estate. | ||||||
| 13 | (c) Notice of the hearing on a petition under this Section, | ||||||
| 14 | together
with a copy of the petition, shall be given to the | ||||||
| 15 | ward, unless he is the
petitioner, and to each and every | ||||||
| 16 | guardian to whom letters of guardianship
have been issued and | ||||||
| 17 | not revoked, not less than 14 days before the hearing.
| ||||||
| 18 | (Source: P.A. 97-1093, eff. 1-1-13.)
| ||||||
| 19 | (755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
| ||||||
| 20 | Sec. 11a-22. Trade and contracts with a person with a | ||||||
| 21 | disability disabled person.
| ||||||
| 22 | (a) Anyone who by trading with, bartering, gaming or any | ||||||
| 23 | other device,
wrongfully possesses himself of any property of a | ||||||
| 24 | person known to be a
person with a disability disabled person | ||||||
| 25 | commits a Class A misdemeanor.
| ||||||
| |||||||
| |||||||
| 1 | (b) Every note, bill, bond or other contract by any person | ||||||
| 2 | for whom
a plenary guardian has been appointed or who is
| ||||||
| 3 | adjudged to be unable to so contract is void as against that | ||||||
| 4 | person and
his estate, but a person making a contract with the | ||||||
| 5 | person so adjudged
is bound thereby.
| ||||||
| 6 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 7 | (755 ILCS 5/11a-24) | ||||||
| 8 | Sec. 11a-24. Notification; Department of State Police. | ||||||
| 9 | When a court adjudges a respondent to be a person with a | ||||||
| 10 | disability disabled person under this Article, the court shall | ||||||
| 11 | direct
the circuit court clerk to notify the
Department of | ||||||
| 12 | State Police, Firearm Owner's Identification
(FOID) Office, in | ||||||
| 13 | a form and manner prescribed by the Department of State Police, | ||||||
| 14 | and shall forward a copy of the court order to the Department | ||||||
| 15 | no later than 7 days after the entry of the order. Upon receipt | ||||||
| 16 | of the order, the Department of State Police shall provide | ||||||
| 17 | notification to the National Instant Criminal Background Check | ||||||
| 18 | System.
| ||||||
| 19 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 20 | (755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
| ||||||
| 21 | Sec. 12-2. Individual representative; oath and bond.
| ||||||
| 22 | (a) Except as provided in subsection (b), before | ||||||
| 23 | undertaking the
representative's duties, every individual | ||||||
| 24 | representative shall take and file an
oath or affirmation that | ||||||
| |||||||
| |||||||
| 1 | the individual will faithfully discharge the duties of
the | ||||||
| 2 | office of the representative according to law and shall file in | ||||||
| 3 | and have
approved by the court a bond binding the individual | ||||||
| 4 | representative so to do.
The court may waive the filing of a | ||||||
| 5 | bond of a representative of the person of a
ward or of a | ||||||
| 6 | standby guardian of a minor or person with a disability | ||||||
| 7 | disabled person.
| ||||||
| 8 | (b) Where bond or security is excused by the will or as | ||||||
| 9 | provided in
subsection (b) of Section 12-4, the bond of the | ||||||
| 10 | representative in the
amount from time to time required under | ||||||
| 11 | this Article shall be in full force
and effect without writing, | ||||||
| 12 | unless the court requires the filing of a written
bond.
| ||||||
| 13 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
| 14 | (755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
| ||||||
| 15 | Sec. 12-4.
When security excused or specified.)
| ||||||
| 16 | (a) Except as provided
in paragraph (c) of Section 6-13 | ||||||
| 17 | with respect to a nonresident executor, no
security is required | ||||||
| 18 | of a person who is excused by the will from giving
bond or | ||||||
| 19 | security and no greater security than is specified by the will
| ||||||
| 20 | is required, unless in either case the court, from its own | ||||||
| 21 | knowledge or
the suggestion of any interested person, has cause | ||||||
| 22 | to suspect the
representative of fraud or incompetence or | ||||||
| 23 | believes that the estate of
the decedent will not be sufficient | ||||||
| 24 | to discharge all the claims against
the estate, or in the case | ||||||
| 25 | of a testamentary guardian of the estate,
that the rights of | ||||||
| |||||||
| |||||||
| 1 | the ward will be prejudiced by failure to give security.
| ||||||
| 2 | (b) If a person designates a guardian of his person or | ||||||
| 3 | estate or
both to be appointed in the event he is adjudged a | ||||||
| 4 | person with a disability disabled person
as provided in Section | ||||||
| 5 | 11a-6 and excuses the guardian from giving
bond or security, or | ||||||
| 6 | if the guardian is the Office of State Guardian, the
guardian's | ||||||
| 7 | bond in the amount from time to time
required under this | ||||||
| 8 | Article shall be in full force and effect without
writing, | ||||||
| 9 | unless the court requires the filing of a written bond.
| ||||||
| 10 | (c) The Office of State Guardian shall not be required to | ||||||
| 11 | have sureties or
surety companies as security on its bonds. The | ||||||
| 12 | oath and bond of the
representative without surety shall be | ||||||
| 13 | sufficient.
| ||||||
| 14 | (Source: P.A. 89-396, eff. 8-20-95.)
| ||||||
| 15 | (755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)
| ||||||
| 16 | Sec. 13-2.
Bond and oath.) Before entering upon the | ||||||
| 17 | performance of
his duties, every public administrator and every | ||||||
| 18 | public guardian shall take
and file in the court an oath or | ||||||
| 19 | affirmation that
he will support the Constitution of the United | ||||||
| 20 | States and the
Constitution of the State of Illinois and will | ||||||
| 21 | faithfully discharge the
duties of his office and shall enter | ||||||
| 22 | into a bond payable to the people
of the State of Illinois in a | ||||||
| 23 | sum of not less than $5,000 with security
as provided by this | ||||||
| 24 | Act and approved by the court of the county in
which he is | ||||||
| 25 | appointed, conditioned that he will faithfully discharge
the | ||||||
| |||||||
| |||||||
| 1 | duties of his office. The court may from time to time require
| ||||||
| 2 | additional security of the public administrator or guardian
and | ||||||
| 3 | may require him to give the usual bond required of | ||||||
| 4 | representatives
of estates of decedents, or persons with | ||||||
| 5 | disabilities disabled persons
in other cases. In
default of his | ||||||
| 6 | giving bond within 60 days after receiving his commission
or of | ||||||
| 7 | his giving additional security within 60 days after being | ||||||
| 8 | ordered
by the court to do so, his office is deemed vacant and | ||||||
| 9 | upon certificate
of a judge of the court of that fact the | ||||||
| 10 | Governor or the Circuit Court
shall fill the
vacancy.
| ||||||
| 11 | (Source: P.A. 81-1052.)
| ||||||
| 12 | (755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
| ||||||
| 13 | Sec. 13-3.1.Compensation of public guardian. | ||||||
| 14 | (a) In counties having a population
in excess of 1,000,000 | ||||||
| 15 | the public guardian shall be paid an annual salary,
to be set | ||||||
| 16 | by the County Board at a figure not to exceed the salary of the
| ||||||
| 17 | public defender for the county. All expenses connected with the | ||||||
| 18 | operation
of the office shall be subject to the approval of the | ||||||
| 19 | County Board and shall
be paid from the county treasury. All | ||||||
| 20 | fees collected shall be paid into
the county treasury.
| ||||||
| 21 | (b) In counties having a population of 1,000,000 or less | ||||||
| 22 | the public guardian shall receive all the fees of his office | ||||||
| 23 | and bear the expenses connected with the operation of the | ||||||
| 24 | office. A public guardian shall be entitled to reasonable and | ||||||
| 25 | appropriate compensation for services related to guardianship | ||||||
| |||||||
| |||||||
| 1 | duties but all fees must be reviewed and approved by the court. | ||||||
| 2 | A public guardian may petition the court for the payment of | ||||||
| 3 | reasonable and appropriate fees. In counties having a | ||||||
| 4 | population of 1,000,000 or less, the public guardian shall do | ||||||
| 5 | so on not less than a yearly basis, or sooner as approved by | ||||||
| 6 | the court. Any fees or expenses charged by a public guardian | ||||||
| 7 | shall be documented through billings and maintained by the | ||||||
| 8 | guardian and supplied to the court for review. In considering | ||||||
| 9 | the reasonableness of any fee petition brought by a public | ||||||
| 10 | guardian under this Section, the court shall consider the | ||||||
| 11 | following: | ||||||
| 12 | (1) the powers and duties assigned to the public | ||||||
| 13 | guardian by the court; | ||||||
| 14 | (2) the necessity of any services provided; | ||||||
| 15 | (3) the time required, the degree of difficulty, and | ||||||
| 16 | the experience needed to complete the task; | ||||||
| 17 | (4) the needs of the ward and the costs of | ||||||
| 18 | alternatives; and | ||||||
| 19 | (5) other facts and circumstances material to the best | ||||||
| 20 | interests of the ward or his or her estate. | ||||||
| 21 | (c) When the public guardian is appointed as the temporary | ||||||
| 22 | guardian of an adult with a disability a disabled adult | ||||||
| 23 | pursuant to an emergency petition under circumstances when the | ||||||
| 24 | court finds that the immediate establishment of a temporary | ||||||
| 25 | guardianship is necessary to protect the disabled adult's | ||||||
| 26 | health, welfare, or estate of the adult with a disability, the | ||||||
| |||||||
| |||||||
| 1 | public guardian shall be entitled to reasonable and appropriate | ||||||
| 2 | fees, as determined by the court, for the period of the | ||||||
| 3 | temporary guardianship, including fees directly associated | ||||||
| 4 | with establishing the temporary guardianship. | ||||||
| 5 | (Source: P.A. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||||||
| 6 | (755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
| ||||||
| 7 | Sec. 13-5. Powers and duties of public guardian.) The court | ||||||
| 8 | may appoint
the public guardian as the guardian of any adult | ||||||
| 9 | with a disability disabled adult who is in need
of a public | ||||||
| 10 | guardian and whose estate exceeds $25,000. When an adult with a | ||||||
| 11 | disability a disabled adult
who has a smaller estate is in need | ||||||
| 12 | of guardianship services, the court
shall appoint the State | ||||||
| 13 | guardian pursuant to Section 30 of the Guardianship
and | ||||||
| 14 | Advocacy Act.
If the public guardian is appointed guardian of | ||||||
| 15 | an adult with a disability a disabled adult and the
estate of | ||||||
| 16 | the adult with a disability the disabled adult is thereafter | ||||||
| 17 | reduced to less than $25,000, the
court may, upon the petition | ||||||
| 18 | of the public guardian and the approval by the
court of a final | ||||||
| 19 | accounting of the disabled adult's estate of the adult with a | ||||||
| 20 | disability, discharge the
public guardian and transfer the | ||||||
| 21 | guardianship to the State guardian. The
public guardian shall | ||||||
| 22 | serve not less than 14 days' notice to the State guardian
of | ||||||
| 23 | the hearing date regarding the transfer.
When appointed by the | ||||||
| 24 | court, the public guardian has the
same powers and duties as | ||||||
| 25 | other guardians appointed under this Act, with
the following | ||||||
| |||||||
| |||||||
| 1 | additions and modifications:
| ||||||
| 2 | (a) The public guardian shall monitor the ward and his care | ||||||
| 3 | and progress
on a continuous basis. Monitoring shall at minimum | ||||||
| 4 | consist of monthly
contact with the ward, and the receipt of | ||||||
| 5 | periodic reports from all
individuals and agencies, public or | ||||||
| 6 | private, providing care or related
services to the ward.
| ||||||
| 7 | (b) Placement of a ward outside of the ward's home may be | ||||||
| 8 | made only after
the public guardian or his representative has | ||||||
| 9 | visited the facility in which
placement is proposed.
| ||||||
| 10 | (c) The public guardian shall prepare an inventory of the | ||||||
| 11 | ward's belongings
and assets and shall maintain insurance on | ||||||
| 12 | all of the ward's real and personal
property, unless the court | ||||||
| 13 | determines, and issues an order finding, that (1) the real or | ||||||
| 14 | personal property lacks sufficient equity, (2) the estate lacks | ||||||
| 15 | sufficient funds to pay for insurance, or (3) the property is | ||||||
| 16 | otherwise uninsurable. No personal property shall be removed | ||||||
| 17 | from the ward's possession
except for storage pending final | ||||||
| 18 | placement or for liquidation in accordance
with this Act.
| ||||||
| 19 | (d) The public guardian shall make no substantial | ||||||
| 20 | distribution of the
ward's estate without a court order.
| ||||||
| 21 | (e) The public guardian may liquidate assets of the ward to | ||||||
| 22 | pay for the
costs of the ward's care and for storage of the | ||||||
| 23 | ward's personal property
only after notice of such pending | ||||||
| 24 | action is given to all potential heirs
at law, unless notice is | ||||||
| 25 | waived by the court; provided, however, that a
person who has | ||||||
| 26 | been so notified may elect to pay for care or storage or
to pay | ||||||
| |||||||
| |||||||
| 1 | fair market value of the asset or assets sought to be sold in | ||||||
| 2 | lieu
of liquidation.
| ||||||
| 3 | (f) Real property of the ward may be sold at fair market | ||||||
| 4 | value after an
appraisal of the property has been made by a | ||||||
| 5 | licensed appraiser; provided,
however, that the ward's | ||||||
| 6 | residence may be sold only if the court finds that
the ward is | ||||||
| 7 | not likely to be able to return home at a future date.
| ||||||
| 8 | (g) The public guardian shall, at such intervals as the | ||||||
| 9 | court may direct,
submit to the court an affidavit setting | ||||||
| 10 | forth in detail the services he
has provided for the benefit of | ||||||
| 11 | the ward.
| ||||||
| 12 | (h) Upon the death of the ward, the public guardian shall | ||||||
| 13 | turn over to
the court-appointed administrator all of the | ||||||
| 14 | ward's assets and an account
of his receipt and administration | ||||||
| 15 | of the ward's property. A guardian ad
litem shall be appointed | ||||||
| 16 | for an accounting when the estate exceeds the amount
set in | ||||||
| 17 | Section 25-1 of this Act for administration of small estates.
| ||||||
| 18 | (i)(1) On petition of any person who appears to have an | ||||||
| 19 | interest in
the estate, the court by temporary order may | ||||||
| 20 | restrain the public guardian
from performing specified acts of | ||||||
| 21 | administration, disbursement or distribution,
or from exercise | ||||||
| 22 | of any powers or discharge of any duties of his office,
or make | ||||||
| 23 | any other order to secure proper performance of his duty, if it
| ||||||
| 24 | appears to the court that the public guardian might otherwise | ||||||
| 25 | take some
action contrary to the best interests of the ward. | ||||||
| 26 | Persons with whom the
public guardian may transact business may | ||||||
| |||||||
| |||||||
| 1 | be made parties.
| ||||||
| 2 | (2) The matter shall be set for hearing within 10 days | ||||||
| 3 | unless the parties
otherwise agree or unless for good cause | ||||||
| 4 | shown the court determines that
additional time is required. | ||||||
| 5 | Notice as the court directs shall be given
to the public | ||||||
| 6 | guardian and his attorney of record, if any, and to any other
| ||||||
| 7 | parties named defendant in the petition.
| ||||||
| 8 | (j) On petition of the public guardian, the court in its | ||||||
| 9 | discretion may
for good cause shown transfer guardianship to | ||||||
| 10 | the State guardian.
| ||||||
| 11 | (k) No later than January 31 of each year, the public | ||||||
| 12 | guardian shall file
an annual report with the clerk of the | ||||||
| 13 | Circuit Court, indicating, with respect
to the period covered | ||||||
| 14 | by the report, the number of cases which he has handled,
the | ||||||
| 15 | date on which each case was assigned, the date of termination | ||||||
| 16 | of each
case which has been closed during the period, the | ||||||
| 17 | disposition of each
terminated case, and the total amount of | ||||||
| 18 | fees collected during the period
from each ward.
| ||||||
| 19 | (l) (Blank).
| ||||||
| 20 | (Source: P.A. 96-752, eff. 1-1-10; 97-1094, eff. 8-24-12.)
| ||||||
| 21 | (755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
| ||||||
| 22 | Sec. 18-1.1. Statutory custodial claim. Any spouse, | ||||||
| 23 | parent, brother,
sister, or child of a person with a disability | ||||||
| 24 | disabled person who dedicates himself or herself to the
care of | ||||||
| 25 | the person with a disability disabled person by living with and | ||||||
| |||||||
| |||||||
| 1 | personally caring for the
person with a disability disabled | ||||||
| 2 | person for at least 3 years shall be entitled to a claim | ||||||
| 3 | against
the estate upon the death of the person with a | ||||||
| 4 | disability disabled person. The claim shall take
into | ||||||
| 5 | consideration the claimant's lost employment opportunities, | ||||||
| 6 | lost
lifestyle opportunities, and emotional distress | ||||||
| 7 | experienced as a result of
personally caring for the person | ||||||
| 8 | with a disability disabled person. Notwithstanding the | ||||||
| 9 | statutory claim amounts stated in this Section, a court may | ||||||
| 10 | reduce an amount to the extent that the living arrangements | ||||||
| 11 | were intended to and did in fact also provide a physical or | ||||||
| 12 | financial benefit to the claimant. The factors a court may | ||||||
| 13 | consider in determining whether to reduce a statutory custodial | ||||||
| 14 | claim amount may include but are not limited to: (i) the free | ||||||
| 15 | or low cost of housing provided to the claimant; (ii) the | ||||||
| 16 | alleviation of the need for the claimant to be employed full | ||||||
| 17 | time; (iii) any financial benefit provided to the claimant; | ||||||
| 18 | (iv) the personal care received by the claimant from the | ||||||
| 19 | decedent or others; and (v) the proximity of the care provided | ||||||
| 20 | by the claimant to the decedent to the time of the decedent's | ||||||
| 21 | death. The claim shall be in addition
to any other claim, | ||||||
| 22 | including without limitation a reasonable claim for
nursing and | ||||||
| 23 | other care. The claim shall be based upon the nature and
extent | ||||||
| 24 | of the person's disability and, at a minimum but subject to the
| ||||||
| 25 | extent of the assets available, shall be in the amounts set | ||||||
| 26 | forth below:
| ||||||
| |||||||
| |||||||
| 1 | 1. 100% disability, $180,000
| ||||||
| 2 | 2. 75% disability, $135,000
| ||||||
| 3 | 3. 50% disability, $90,000
| ||||||
| 4 | 4. 25% disability, $45,000
| ||||||
| 5 | (Source: P.A. 95-315, eff. 1-1-08.)
| ||||||
| 6 | (755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8)
| ||||||
| 7 | Sec. 18-8.
Claim of representative or his
attorney.) If a | ||||||
| 8 | representative or the representative's
attorney has a claim | ||||||
| 9 | against the estate, that
person must file a claim as other
| ||||||
| 10 | persons and the court may appoint a special administrator to | ||||||
| 11 | appear and
defend for the estate.
The court may permit the | ||||||
| 12 | special administrator to prosecute or defend an appeal
from the
| ||||||
| 13 | allowance or disallowance of the claim.
In the administration | ||||||
| 14 | of the a disabled person's estate of a person with a | ||||||
| 15 | disability, notice of the claim of a
representative or his or | ||||||
| 16 | her attorney shall be given by mail or in person to
the
ward | ||||||
| 17 | and to all other representatives of the ward's person or | ||||||
| 18 | estate, within 10
days of filing.
| ||||||
| 19 | (Source: P.A. 89-396, eff. 8-20-95.)
| ||||||
| 20 | (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
| ||||||
| 21 | Sec. 23-2. Removal.
| ||||||
| 22 | (a) On petition of any interested person or on
the court's | ||||||
| 23 | own motion, the court may remove a representative if:
| ||||||
| 24 | (1) the representative is acting under letters secured | ||||||
| |||||||
| |||||||
| 1 | by false
pretenses;
| ||||||
| 2 | (2) the representative is adjudged a person subject to | ||||||
| 3 | involuntary
admission under the
Mental Health and | ||||||
| 4 | Developmental Disabilities Code or is adjudged a person | ||||||
| 5 | with a disability a disabled
person;
| ||||||
| 6 | (3) the representative is convicted of a felony;
| ||||||
| 7 | (4) the representative wastes or mismanages the | ||||||
| 8 | estate;
| ||||||
| 9 | (5) the representative conducts himself or herself in | ||||||
| 10 | such a manner as
to endanger any
co-representative or the | ||||||
| 11 | surety on the representative's bond;
| ||||||
| 12 | (6) the representative fails to give sufficient bond or | ||||||
| 13 | security,
counter security or a
new bond, after being | ||||||
| 14 | ordered by the court to do so;
| ||||||
| 15 | (7) the representative fails to file an inventory or | ||||||
| 16 | accounting after
being ordered by
the court to do so;
| ||||||
| 17 | (8) the representative conceals himself or herself so | ||||||
| 18 | that process
cannot be served upon
the representative or
| ||||||
| 19 | notice cannot be given to the representative;
| ||||||
| 20 | (9) the representative becomes incapable of or | ||||||
| 21 | unsuitable for the
discharge of the
representative's
| ||||||
| 22 | duties; or
| ||||||
| 23 | (10) there is other good cause.
| ||||||
| 24 | (b) If the representative becomes a nonresident of the
| ||||||
| 25 | United States, the court may remove the representative as such
| ||||||
| 26 | representative.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; | ||||||
| 2 | 91-357, eff.
7-29-99.)
| ||||||
| 3 | (755 ILCS 5/26-3) | ||||||
| 4 | Sec. 26-3. Effect of post-judgment motions. Unless stayed | ||||||
| 5 | by the court, an order adjudicating a person as a person with a | ||||||
| 6 | disability disabled and appointing a plenary, limited, or | ||||||
| 7 | successor guardian pursuant to Section 11a-3, 11a-12, 11a-14, | ||||||
| 8 | or 11a-15 of this Act shall not be suspended or the enforcement | ||||||
| 9 | thereof stayed pending the filing and resolution of any | ||||||
| 10 | post-judgment motion.
| ||||||
| 11 | (Source: P.A. 97-1095, eff. 8-24-12.)
| ||||||
| 12 | (755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)
| ||||||
| 13 | Sec. 28-2.
Order for independent administration - notice of
| ||||||
| 14 | appointment of independent administrator.) (a) Unless the | ||||||
| 15 | will, if any,
expressly forbids independent administration or | ||||||
| 16 | supervised
administration is required under subsection (b), | ||||||
| 17 | the court shall grant
independent administration (1) when an | ||||||
| 18 | order is entered appointing a
representative pursuant to a | ||||||
| 19 | petition which does not request supervised
administration and | ||||||
| 20 | which is filed under Section 6-2, 6-9, 6-20, 7-2,
8-2, 9-4 or | ||||||
| 21 | 9-6 and (2) on petition by the representative at any time or
| ||||||
| 22 | times during supervised administration and such notice to | ||||||
| 23 | interested
persons as the court directs. Notwithstanding any | ||||||
| 24 | contrary provision of
the preceding sentence, if there is an | ||||||
| |||||||
| |||||||
| 1 | interested person who is a minor
or person with a disability | ||||||
| 2 | disabled person, the court may require supervised | ||||||
| 3 | administration (or
may grant independent administration on | ||||||
| 4 | such conditions as its deems
adequate to protect the ward's | ||||||
| 5 | interest) whenever the court finds that
(1) the interests of | ||||||
| 6 | the ward are not adequately represented by a
personal fiduciary | ||||||
| 7 | acting or designated to act pursuant to Section 28-3
or by | ||||||
| 8 | another party having a substantially identical interest in the
| ||||||
| 9 | estate and the ward is not represented by a guardian of his | ||||||
| 10 | estate and
(2) supervised administration is necessary to | ||||||
| 11 | protect the ward's
interests. When independent administration | ||||||
| 12 | is granted, the independent
representative shall include with
| ||||||
| 13 | each notice required to be mailed to heirs or legatees under | ||||||
| 14 | Section 6-10
or Section 9-5 an explanation of the rights of
| ||||||
| 15 | heirs and legatees
under this Article and the form of petition | ||||||
| 16 | which may be used to terminate
independent administration under | ||||||
| 17 | subsection 28-4(a). The form and substance
of the notice of | ||||||
| 18 | rights and the petition to terminate shall be prescribed
by | ||||||
| 19 | rule of the Supreme Court of this State. Each order granting | ||||||
| 20 | independent
administration and the letters shall state that the
| ||||||
| 21 | representative is appointed
as independent executor or | ||||||
| 22 | independent administrator, as the case may be.
The independent | ||||||
| 23 | representative shall file
proof of mailing with the clerk of | ||||||
| 24 | the court.
| ||||||
| 25 | (b) If an interested person objects to the grant of | ||||||
| 26 | independent administration
under subsection (a), the court | ||||||
| |||||||
| |||||||
| 1 | shall require supervised
administration, except:
| ||||||
| 2 | (1) If the will, if any, directs independent | ||||||
| 3 | administration, supervised
administration shall be required | ||||||
| 4 | only if the court finds
there is good cause to require | ||||||
| 5 | supervised administration.
| ||||||
| 6 | (2) If the objector is a creditor or a legatee other than a
| ||||||
| 7 | residuary legatee, supervised administration shall be required | ||||||
| 8 | only if
the court finds it is necessary to protect the | ||||||
| 9 | objector's interest, and
instead of ordering supervised | ||||||
| 10 | administration, the court may require
such other action as it | ||||||
| 11 | deems adequate to protect the objector's
interest.
| ||||||
| 12 | (Source: P.A. 84-555; 84-690.)
| ||||||
| 13 | (755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
| ||||||
| 14 | Sec. 28-3.
Protection of persons under disability during | ||||||
| 15 | independent
administration.) (a) A personal fiduciary acting | ||||||
| 16 | pursuant to this Article
has full power and the responsibility | ||||||
| 17 | to protect the interests of his ward
during independent | ||||||
| 18 | administration and to do all acts necessary or appropriate
for | ||||||
| 19 | that purpose which the ward might do if not under disability. | ||||||
| 20 | Approval
of any act of the independent representative or of his | ||||||
| 21 | final report by the
personal fiduciary, or failure of the | ||||||
| 22 | personal fiduciary to object after
notice pursuant to this | ||||||
| 23 | Article, binds the ward. Unless the ward is bound
under the | ||||||
| 24 | preceding sentence, the independent representative is | ||||||
| 25 | accountable
to the ward for damages incurred as a consequence | ||||||
| |||||||
| |||||||
| 1 | of willful default by
the independent representative until the | ||||||
| 2 | expiration of a period of 6 months
after the ward's disability | ||||||
| 3 | is removed, and any action must be commenced
before the | ||||||
| 4 | expiration of that period. Upon the entry of an order pursuant
| ||||||
| 5 | to Section 28-4 terminating independent administration status, | ||||||
| 6 | the personal
fiduciary's powers and responsibility for | ||||||
| 7 | continuing to protect the ward's
interest terminate. The fact | ||||||
| 8 | that a personal fiduciary is acting does not
limit the right of | ||||||
| 9 | any person as next friend of the ward to inform the court
of | ||||||
| 10 | any circumstances that may adversely affect the ward's | ||||||
| 11 | interests in the estate.
| ||||||
| 12 | (b) The following persons are entitled to act as personal | ||||||
| 13 | fiduciary for
a ward in the order of preference indicated:
| ||||||
| 14 | (1) The representative of the ward's estate acting in | ||||||
| 15 | Illinois or, if
none, the representative of the ward's estate | ||||||
| 16 | acting in any other jurisdiction.
| ||||||
| 17 | (2) The person designated as personal fiduciary in the | ||||||
| 18 | decedent's will, if any.
| ||||||
| 19 | (3) The person designated as personal fiduciary by the | ||||||
| 20 | independent
representative in a petition for letters of office | ||||||
| 21 | or other instrument
filed with the clerk of the court.
| ||||||
| 22 | No person may act as personal fiduciary who is a minor or | ||||||
| 23 | person with a disability disabled person,
who has been | ||||||
| 24 | convicted of a felony or whose interests conflict
with the | ||||||
| 25 | ward's interests in the decedent's estate.
A personal fiduciary | ||||||
| 26 | designated under subparagraph (3) above shall be a spouse,
| ||||||
| |||||||
| |||||||
| 1 | descendant, parent, grandparent, brother, sister, uncle or | ||||||
| 2 | aunt of the ward,
a guardian of the person of the ward or a | ||||||
| 3 | party having an interest in the
estate substantially identical | ||||||
| 4 | to that of the ward. The responsibility
of a personal fiduciary | ||||||
| 5 | begins on delivery of his written acceptance of
the office to | ||||||
| 6 | the independent representative. Any personal fiduciary may
| ||||||
| 7 | refuse to act or may resign at any time by instrument delivered | ||||||
| 8 | to the
independent representative. When a personal fiduciary | ||||||
| 9 | has been appointed
and there is a change of personal fiduciary | ||||||
| 10 | or a vacancy in that office,
the independent representative | ||||||
| 11 | shall inform the court; and the court may
designate any | ||||||
| 12 | suitable person as personal fiduciary when there is a vacancy
| ||||||
| 13 | that has not been filled by the independent representative in | ||||||
| 14 | accordance
with this Section 28-3.
| ||||||
| 15 | (c) A personal fiduciary is entitled to such reasonable | ||||||
| 16 | compensation for
his services as may be approved by the | ||||||
| 17 | independent representative or, in
the absence of approval, as | ||||||
| 18 | may be fixed by the court, to be paid out of
the estate as an | ||||||
| 19 | expense of administration.
| ||||||
| 20 | (d) A personal fiduciary is liable to the ward only for | ||||||
| 21 | willful default
and not for errors in judgment.
| ||||||
| 22 | (Source: P.A. 85-692.)
| ||||||
| 23 | (755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10)
| ||||||
| 24 | Sec. 28-10.
Distribution.) (a) If it appears to the | ||||||
| 25 | independent
representative that there are sufficient assets to | ||||||
| |||||||
| |||||||
| 1 | pay all claims, the
independent representative may at any time | ||||||
| 2 | or times distribute the estate
to the persons entitled thereto. | ||||||
| 3 | As a condition of any distribution, the
independent | ||||||
| 4 | representative may require the distributee to give him a
| ||||||
| 5 | refunding bond in any amount the independent representative | ||||||
| 6 | deems
reasonable, with surety approved by the independent | ||||||
| 7 | representative or
without surety. If the distribution is made | ||||||
| 8 | before the expiration of the
period when claims are barred | ||||||
| 9 | under Section 18-12, the independent
representative must | ||||||
| 10 | require the distributee to give him a refunding bond as
| ||||||
| 11 | provided in Section 24-4. If the estate includes an interest in | ||||||
| 12 | real
estate that has not been sold by the independent | ||||||
| 13 | representative, the
independent representative must record and | ||||||
| 14 | deliver to the persons entitled
thereto an instrument which | ||||||
| 15 | contains the legal description of the real estate
and releases | ||||||
| 16 | the estate's interest.
| ||||||
| 17 | (b) If abatement or equalization of legacies pursuant to | ||||||
| 18 | subsection 24-3(b)
or (c) is required, the independent | ||||||
| 19 | representative shall determine the amount
of the respective | ||||||
| 20 | contributions, the manner in which they are paid and whether
| ||||||
| 21 | security is required.
| ||||||
| 22 | (c) If it appears to the independent representative that | ||||||
| 23 | the value of
the estate of the decedent remaining after payment | ||||||
| 24 | of 1st class claims does
not exceed the amount of the surviving | ||||||
| 25 | spouse's and child's awards due,
the independent | ||||||
| 26 | representative may deliver the personal estate to the persons
| ||||||
| |||||||
| |||||||
| 1 | entitled to the awards and close the estate as provided in | ||||||
| 2 | Section 28-11,
without waiting until the expiration of the | ||||||
| 3 | period when claims are barred
under Section 18-12.
| ||||||
| 4 | (d) If property distributed in kind, or a security interest | ||||||
| 5 | therein, is
acquired in good faith by a purchaser or lender for | ||||||
| 6 | value from a distributee
(or from the successors in interest to | ||||||
| 7 | a distributee) who has received physical
delivery or an | ||||||
| 8 | assignment, deed, release or other instrument of distribution
| ||||||
| 9 | from an independent representative, the purchaser or lender | ||||||
| 10 | takes title
free of the rights of all persons having an | ||||||
| 11 | interest in the estate and incurs
no liability to the estate, | ||||||
| 12 | whether or not the distribution was proper.
| ||||||
| 13 | (e) If a distributee is a minor or a person with a | ||||||
| 14 | disability disabled person, the independent
representative may | ||||||
| 15 | make distribution to the ward's representative, if any,
to a | ||||||
| 16 | custodian for the ward under the Illinois Uniform Transfers to | ||||||
| 17 | Minors
Act or the corresponding statute of any other state in | ||||||
| 18 | which the ward or the
custodian resides, by deposit or | ||||||
| 19 | investment of the ward's property subject
to court order under | ||||||
| 20 | Section 24-21 or in any other manner authorized by law.
| ||||||
| 21 | (Source: P.A. 84-1308.)
| ||||||
| 22 | Section 965. The Illinois Power of Attorney Act is amended | ||||||
| 23 | by changing Sections 2-3, 2-6, 3-3, and 4-1 as follows:
| ||||||
| 24 | (755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 2-3. Definitions. As used in this Act:
| ||||||
| 2 | (a) "Agency" means the written power of attorney or other | ||||||
| 3 | instrument of
agency governing the relationship between the | ||||||
| 4 | principal and agent or the
relationship, itself, as appropriate | ||||||
| 5 | to the context, and includes agencies
dealing with personal or | ||||||
| 6 | health care as well as property. An agency is
subject to this | ||||||
| 7 | Act to the extent it may be controlled by the principal,
| ||||||
| 8 | excluding agencies and powers for the benefit of the agent.
| ||||||
| 9 | (b) "Agent" means the attorney-in-fact or other person | ||||||
| 10 | designated to act
for the principal in the agency.
| ||||||
| 11 | (c) "Person with a disability Disabled person" has the same | ||||||
| 12 | meaning as in the "Probate Act of
1975", as now or hereafter | ||||||
| 13 | amended. To be under a "disability" or
"disabled" means to be a | ||||||
| 14 | person with a disability disabled person.
| ||||||
| 15 | (c-5) "Incapacitated", when used to describe a principal, | ||||||
| 16 | means that the principal is under a legal disability as defined | ||||||
| 17 | in Section 11a-2 of the Probate Act of 1975. A principal shall | ||||||
| 18 | also be considered incapacitated if: (i) a physician licensed | ||||||
| 19 | to practice medicine in all of its branches has examined the | ||||||
| 20 | principal and has determined that the principal lacks decision | ||||||
| 21 | making capacity; (ii) that physician has made a written record | ||||||
| 22 | of this determination and has signed the written record within | ||||||
| 23 | 90 days after the examination; and (iii) the written record has | ||||||
| 24 | been delivered to the agent. The agent may rely conclusively on | ||||||
| 25 | the written record. | ||||||
| 26 | (d) "Person" means an individual, corporation, trust, | ||||||
| |||||||
| |||||||
| 1 | partnership or
other entity, as appropriate to the agency.
| ||||||
| 2 | (e) "Principal" means an individual (including, without | ||||||
| 3 | limitation, an
individual acting as trustee, representative or | ||||||
| 4 | other fiduciary) who signs
a power of attorney or other | ||||||
| 5 | instrument of agency granting powers to an agent.
| ||||||
| 6 | (Source: P.A. 96-1195, eff. 7-1-11.)
| ||||||
| 7 | (755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
| ||||||
| 8 | Sec. 2-6. Effect of disability-divorce. (a) All acts of the | ||||||
| 9 | agent
within the scope of the agency during any period of | ||||||
| 10 | disability, incapacity
or incompetency of the principal have | ||||||
| 11 | the same effect and inure to the
benefit of and bind the | ||||||
| 12 | principal and his or her successors in interest as
if the | ||||||
| 13 | principal were competent and not a person with a disability | ||||||
| 14 | disabled.
| ||||||
| 15 | (b) If a court enters a judgement of dissolution of | ||||||
| 16 | marriage or legal
separation between the principal and his or | ||||||
| 17 | her spouse after the agency is
signed, the spouse shall be | ||||||
| 18 | deemed to have died at the time of the judgment
for all | ||||||
| 19 | purposes of the agency.
| ||||||
| 20 | (Source: P.A. 85-701.)
| ||||||
| 21 | (755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
| ||||||
| 22 | Sec. 3-3. Statutory short form power of attorney for | ||||||
| 23 | property. | ||||||
| 24 | (a) The
form prescribed in this Section may be known as | ||||||
| |||||||
| |||||||
| 1 | "statutory property power" and may be used
to grant an agent | ||||||
| 2 | powers with respect to property and financial matters.
The | ||||||
| 3 | "statutory property power" consists of the following: (1) | ||||||
| 4 | Notice to the Individual Signing the Illinois Statutory Short | ||||||
| 5 | Form Power of Attorney for Property; (2) Illinois Statutory | ||||||
| 6 | Short Form Power of Attorney for Property; and (3) Notice to | ||||||
| 7 | Agent. When a power of attorney in substantially the form | ||||||
| 8 | prescribed in this Section is used,
including all 3 items | ||||||
| 9 | above, with item (1), the Notice to Individual Signing the | ||||||
| 10 | Illinois Statutory Short Form Power of Attorney for Property, | ||||||
| 11 | on a separate sheet (coversheet) in 14-point type and
the | ||||||
| 12 | notarized form of acknowledgment at the end, it shall have the | ||||||
| 13 | meaning
and effect prescribed in this Act. | ||||||
| 14 | (b) A power of attorney shall also be deemed to be in | ||||||
| 15 | substantially the same format as the statutory form if the | ||||||
| 16 | explanatory language throughout the form (the language | ||||||
| 17 | following the designation "NOTE:") is distinguished in some way | ||||||
| 18 | from the legal paragraphs in the form, such as the use of | ||||||
| 19 | boldface or other difference in typeface and font or point | ||||||
| 20 | size, even if the "Notice" paragraphs at the beginning are not | ||||||
| 21 | on a separate sheet of paper or are not in 14-point type, or if | ||||||
| 22 | the principal's initials do not appear in the acknowledgement | ||||||
| 23 | at the end of the "Notice" paragraphs. | ||||||
| 24 | The validity of a power of attorney as
meeting the | ||||||
| 25 | requirements of a statutory property power shall not be
| ||||||
| 26 | affected by the fact that one or more of the categories of | ||||||
| |||||||
| |||||||
| 1 | optional powers
listed in the form are struck out or the form | ||||||
| 2 | includes specific
limitations on or additions to the agent's | ||||||
| 3 | powers, as permitted by the
form. Nothing in this Article shall | ||||||
| 4 | invalidate or bar use by the
principal of any other or | ||||||
| 5 | different form of power of attorney for property.
Nonstatutory | ||||||
| 6 | property powers (i) must be executed by the principal, (ii) | ||||||
| 7 | must
designate the agent and the agent's powers, (iii) must be | ||||||
| 8 | signed by at least one witness to the principal's signature, | ||||||
| 9 | and (iv) must indicate that the principal has acknowledged his | ||||||
| 10 | or her signature before a notary public. However, nonstatutory | ||||||
| 11 | property powers need not
conform in any other respect to the | ||||||
| 12 | statutory property power.
| ||||||
| 13 | (c) The Notice to the Individual Signing the Illinois | ||||||
| 14 | Statutory Short Form Power of Attorney for Property shall be | ||||||
| 15 | substantially as follows:
| ||||||
| 16 | "NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS | ||||||
| 17 | STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. | ||||||
| 18 | PLEASE READ THIS NOTICE CAREFULLY. The form that you will | ||||||
| 19 | be signing is a legal document. It is governed by the Illinois | ||||||
| 20 | Power of Attorney Act. If there is anything about this form | ||||||
| 21 | that you do not understand, you should ask a lawyer to explain | ||||||
| 22 | it to you. | ||||||
| 23 | The purpose of this Power of Attorney is to give your | ||||||
| 24 | designated "agent" broad powers to handle your financial | ||||||
| |||||||
| |||||||
| 1 | affairs, which may include the power to pledge, sell, or | ||||||
| 2 | dispose of any of your real or personal property, even without | ||||||
| 3 | your consent or any advance notice to you. When using the | ||||||
| 4 | Statutory Short Form, you may name successor agents, but you | ||||||
| 5 | may not name co-agents. | ||||||
| 6 | This form does not impose a duty upon your agent to handle | ||||||
| 7 | your financial affairs, so it is important that you select an | ||||||
| 8 | agent who will agree to do this for you. It is also important | ||||||
| 9 | to select an agent whom you trust, since you are giving that | ||||||
| 10 | agent control over your financial assets and property. Any | ||||||
| 11 | agent who does act for you has a duty to act in good faith for | ||||||
| 12 | your benefit and to use due care, competence, and diligence. He | ||||||
| 13 | or she must also act in accordance with the law and with the | ||||||
| 14 | directions in this form. Your agent must keep a record of all | ||||||
| 15 | receipts, disbursements, and significant actions taken as your | ||||||
| 16 | agent. | ||||||
| 17 | Unless you specifically limit the period of time that this | ||||||
| 18 | Power of Attorney will be in effect, your agent may exercise | ||||||
| 19 | the powers given to him or her throughout your lifetime, both | ||||||
| 20 | before and after you become incapacitated. A court, however, | ||||||
| 21 | can take away the powers of your agent if it finds that the | ||||||
| 22 | agent is not acting properly. You may also revoke this Power of | ||||||
| 23 | Attorney if you wish. | ||||||
| 24 | This Power
of Attorney does not authorize your agent to | ||||||
| 25 | appear in court for you as an attorney-at-law or otherwise to | ||||||
| 26 | engage in the practice of law unless he or she is a licensed | ||||||
| |||||||
| |||||||
| 1 | attorney who is authorized to practice law in Illinois. | ||||||
| 2 | The powers you give your agent are explained more fully in | ||||||
| 3 | Section 3-4 of the Illinois Power of Attorney Act. This form is | ||||||
| 4 | a part of that law. The "NOTE" paragraphs throughout this form | ||||||
| 5 | are instructions. | ||||||
| 6 | You are not required to sign this Power of Attorney, but it | ||||||
| 7 | will not take effect without your signature. You should not | ||||||
| 8 | sign this Power of Attorney if you do not understand everything | ||||||
| 9 | in it, and what your agent will be able to do if you do sign it.
| ||||||
| 10 | Please place your initials on the following line indicating | ||||||
| 11 | that you have read this Notice: | ||||||
| 12 | ..................... | ||||||
| 13 | Principal's initials" | ||||||
| 14 | (d) The Illinois Statutory Short Form Power of Attorney for | ||||||
| 15 | Property shall be substantially as follows:
| ||||||
| 16 | "ILLINOIS STATUTORY SHORT FORM | ||||||
| 17 | POWER OF ATTORNEY FOR PROPERTY
| ||||||
| 18 | 1. I, ..............., (insert name and address of | ||||||
| 19 | principal)
hereby revoke all prior powers of attorney for | ||||||
| 20 | property executed by me and appoint:
| ||||||
| 21 | .............................................................
| ||||||
| 22 | (insert name and address of agent)
| ||||||
| |||||||
| |||||||
| 1 | (NOTE: You may not name co-agents using this form.) | ||||||
| 2 | as my attorney-in-fact (my "agent") to act for me and in my | ||||||
| 3 | name (in any
way I could act in person) with respect to the | ||||||
| 4 | following powers, as defined
in Section 3-4 of the "Statutory | ||||||
| 5 | Short Form Power of Attorney for Property Law"
(including all | ||||||
| 6 | amendments), but subject to any limitations on or additions
to | ||||||
| 7 | the specified powers inserted in paragraph 2 or 3 below:
| ||||||
| 8 | (NOTE: You must strike out any one or more of the following | ||||||
| 9 | categories of
powers you do not want your agent to have. | ||||||
| 10 | Failure to strike the title
of any category will cause the | ||||||
| 11 | powers described in that category to be
granted to the agent. | ||||||
| 12 | To strike out a category you must draw a line
through the title | ||||||
| 13 | of that category.)
| ||||||
| 14 | (a) Real estate transactions.
| ||||||
| 15 | (b) Financial institution transactions.
| ||||||
| 16 | (c) Stock and bond transactions.
| ||||||
| 17 | (d) Tangible personal property transactions.
| ||||||
| 18 | (e) Safe deposit box transactions.
| ||||||
| 19 | (f) Insurance and annuity transactions.
| ||||||
| 20 | (g) Retirement plan transactions.
| ||||||
| 21 | (h) Social Security, employment and military service | ||||||
| 22 | benefits.
| ||||||
| 23 | (i) Tax matters.
| ||||||
| 24 | (j) Claims and litigation.
| ||||||
| 25 | (k) Commodity and option transactions.
| ||||||
| |||||||
| |||||||
| 1 | (l) Business operations.
| ||||||
| 2 | (m) Borrowing transactions.
| ||||||
| 3 | (n) Estate transactions.
| ||||||
| 4 | (o) All other property transactions.
| ||||||
| 5 | (NOTE: Limitations on and additions to the agent's powers may | ||||||
| 6 | be included in this power of attorney if they are specifically | ||||||
| 7 | described below.)
| ||||||
| 8 | 2. The powers granted above shall not include the following | ||||||
| 9 | powers or
shall be modified or limited in the following | ||||||
| 10 | particulars: | ||||||
| 11 | (NOTE: Here you may
include any specific limitations you deem | ||||||
| 12 | appropriate, such as a
prohibition or conditions on the sale of | ||||||
| 13 | particular stock or real estate or
special rules on borrowing | ||||||
| 14 | by the agent.)
| ||||||
| 15 | .............................................................
| ||||||
| 16 | .............................................................
| ||||||
| 17 | .............................................................
| ||||||
| 18 | .............................................................
| ||||||
| 19 | .............................................................
| ||||||
| 20 | 3. In addition to the powers granted above, I grant my | ||||||
| 21 | agent the
following powers: | ||||||
| 22 | (NOTE: Here you may add any other delegable powers including,
| ||||||
| 23 | without limitation, power to make gifts, exercise powers of | ||||||
| 24 | appointment,
name or change beneficiaries or joint tenants or | ||||||
| 25 | revoke or amend any trust
specifically referred to below.)
| ||||||
| 26 | .............................................................
| ||||||
| |||||||
| |||||||
| 1 | .............................................................
| ||||||
| 2 | .............................................................
| ||||||
| 3 | .............................................................
| ||||||
| 4 | .............................................................
| ||||||
| 5 | (NOTE: Your agent will have authority to employ other persons | ||||||
| 6 | as necessary to enable the agent to properly exercise the | ||||||
| 7 | powers granted in this form, but your agent will have to make | ||||||
| 8 | all discretionary decisions. If you want to give your agent the | ||||||
| 9 | right to delegate discretionary decision-making powers to | ||||||
| 10 | others, you should keep paragraph 4, otherwise it should be | ||||||
| 11 | struck out.)
| ||||||
| 12 | 4. My agent shall have the right by written instrument to | ||||||
| 13 | delegate any
or all of the foregoing powers involving | ||||||
| 14 | discretionary decision-making to
any person or persons whom my | ||||||
| 15 | agent may select, but such delegation may be
amended or revoked | ||||||
| 16 | by any agent (including any successor) named by me who
is | ||||||
| 17 | acting under this power of attorney at the time of reference.
| ||||||
| 18 | (NOTE: Your agent will be entitled to reimbursement for all | ||||||
| 19 | reasonable expenses incurred in acting under this power of | ||||||
| 20 | attorney. Strike out paragraph 5 if you do not want your agent | ||||||
| 21 | to also be entitled to reasonable compensation for services as | ||||||
| 22 | agent.)
| ||||||
| 23 | 5. My agent shall be entitled to reasonable compensation | ||||||
| 24 | for services
rendered as agent under this power of attorney.
| ||||||
| 25 | (NOTE: This power of attorney may be amended or revoked by you | ||||||
| 26 | at any time and in any manner. Absent amendment or revocation, | ||||||
| |||||||
| |||||||
| 1 | the authority granted in this power of attorney will become | ||||||
| 2 | effective at the time this power is signed and will continue | ||||||
| 3 | until your death, unless a limitation on the beginning date or | ||||||
| 4 | duration is made by initialing and completing one or both of | ||||||
| 5 | paragraphs 6 and 7:)
| ||||||
| 6 | 6. ( ) This power of attorney shall become effective on
| ||||||
| 7 | .............................................................
| ||||||
| 8 | (NOTE: Insert a future date or event during your lifetime, such | ||||||
| 9 | as a court
determination of your disability or a written | ||||||
| 10 | determination by your physician that you are incapacitated, | ||||||
| 11 | when you want this power to first take effect.)
| ||||||
| 12 | 7. ( ) This power of attorney shall terminate on
| ||||||
| 13 | .............................................................
| ||||||
| 14 | (NOTE: Insert a future date or event, such as a court | ||||||
| 15 | determination that you are not under a legal disability or a | ||||||
| 16 | written determination by your physician that you are not | ||||||
| 17 | incapacitated, if you want this power to terminate prior to | ||||||
| 18 | your death.)
| ||||||
| 19 | (NOTE: If you wish to name one or more successor agents, insert | ||||||
| 20 | the name and address of each successor agent in paragraph 8.)
| ||||||
| 21 | 8. If any agent named by me shall die, become incompetent, | ||||||
| 22 | resign
or refuse to accept the office of agent, I name the | ||||||
| 23 | following
(each to act alone and successively,
in the order | ||||||
| 24 | named) as successor(s) to such agent:
| ||||||
| 25 | .............................................................
| ||||||
| 26 | .............................................................
| ||||||
| |||||||
| |||||||
| 1 | For purposes of this paragraph 8, a person shall be considered | ||||||
| 2 | to be
incompetent if and while the person is a minor or an | ||||||
| 3 | adjudicated
incompetent or a person with a disability disabled | ||||||
| 4 | person or the person is unable to give prompt and
intelligent | ||||||
| 5 | consideration to business matters, as certified by a licensed | ||||||
| 6 | physician.
| ||||||
| 7 | (NOTE: If you wish to, you may name your agent as guardian of | ||||||
| 8 | your estate if a court decides that one should be appointed. To | ||||||
| 9 | do this, retain paragraph 9, and the court will appoint your | ||||||
| 10 | agent if the court finds that this appointment will serve your | ||||||
| 11 | best interests and welfare. Strike out paragraph 9 if you do | ||||||
| 12 | not want your agent to act as guardian.)
| ||||||
| 13 | 9. If a guardian of my estate (my property) is to be | ||||||
| 14 | appointed, I
nominate the agent acting under this power of | ||||||
| 15 | attorney as such guardian,
to serve without bond or security.
| ||||||
| 16 | 10. I am fully informed as to all the contents of this form | ||||||
| 17 | and
understand the full import of this grant of powers to my | ||||||
| 18 | agent.
| ||||||
| 19 | (NOTE: This form does not authorize your agent to appear in | ||||||
| 20 | court for you as an attorney-at-law or otherwise to engage in | ||||||
| 21 | the practice of law unless he or she is a licensed attorney who | ||||||
| 22 | is authorized to practice law in Illinois.) | ||||||
| 23 | 11. The Notice to Agent is incorporated by reference and | ||||||
| 24 | included as part of this form. | ||||||
| 25 | Dated: ................ | ||||||
| 26 | Signed ..........................................
| ||||||
| |||||||
| |||||||
| 1 | (principal)
| ||||||
| 2 | (NOTE: This power of attorney will not be effective unless it | ||||||
| 3 | is signed by at least one witness and your signature is | ||||||
| 4 | notarized, using the form below. The notary may not also sign | ||||||
| 5 | as a witness.)
| ||||||
| 6 | The undersigned witness certifies that ..............., known | ||||||
| 7 | to me to be
the same person whose name is subscribed as | ||||||
| 8 | principal to the foregoing power of
attorney, appeared before | ||||||
| 9 | me and the notary public and acknowledged signing and
| ||||||
| 10 | delivering the instrument as the free and voluntary act of the | ||||||
| 11 | principal, for
the
uses and purposes therein set forth. I | ||||||
| 12 | believe him or her to be of sound mind
and memory. The | ||||||
| 13 | undersigned witness also certifies that the witness is not: (a) | ||||||
| 14 | the attending physician or mental health service provider or a | ||||||
| 15 | relative of the physician or provider; (b) an owner, operator, | ||||||
| 16 | or relative of an owner or operator of a health care facility | ||||||
| 17 | in which the principal is a patient or resident; (c) a parent, | ||||||
| 18 | sibling, descendant, or any spouse of such parent, sibling, or | ||||||
| 19 | descendant of either the principal or any agent or successor | ||||||
| 20 | agent under the foregoing power of attorney, whether such | ||||||
| 21 | relationship is by blood, marriage, or adoption; or (d) an | ||||||
| 22 | agent or successor agent under the foregoing power of attorney.
| ||||||
| 23 | Dated: ................
| ||||||
| 24 | ..............................
| ||||||
| |||||||
| |||||||
| 1 | Witness | ||||||
| 2 | (NOTE: Illinois requires only one witness, but other | ||||||
| 3 | jurisdictions may require more than one witness. If you wish to | ||||||
| 4 | have a second witness, have him or her certify and sign here:)
| ||||||
| 5 | (Second witness) The undersigned witness certifies that | ||||||
| 6 | ................, known to me to be the same person whose name | ||||||
| 7 | is subscribed as principal to the foregoing power of attorney, | ||||||
| 8 | appeared before me and the notary public and acknowledged | ||||||
| 9 | signing and delivering the instrument as the free and voluntary | ||||||
| 10 | act of the principal, for the uses and purposes therein set | ||||||
| 11 | forth. I believe him or her to be of sound mind and memory. The | ||||||
| 12 | undersigned witness also certifies that the witness is not: (a) | ||||||
| 13 | the attending physician or mental health service provider or a | ||||||
| 14 | relative of the physician or provider; (b) an owner, operator, | ||||||
| 15 | or relative of an owner or operator of a health care facility | ||||||
| 16 | in which the principal is a patient or resident; (c) a parent, | ||||||
| 17 | sibling, descendant, or any spouse of such parent, sibling, or | ||||||
| 18 | descendant of either the principal or any agent or successor | ||||||
| 19 | agent under the foregoing power of attorney, whether such | ||||||
| 20 | relationship is by blood, marriage, or adoption; or (d) an | ||||||
| 21 | agent or successor agent under the foregoing power of attorney. | ||||||
| 22 | Dated: ....................... | ||||||
| 23 | .............................. | ||||||
| 24 | Witness | ||||||
| |||||||
| |||||||
| 1 | State of ............)
| ||||||
| 2 | ) SS.
| ||||||
| 3 | County of ...........)
| ||||||
| 4 | The undersigned, a notary public in and for the above | ||||||
| 5 | county and state,
certifies that ......................., | ||||||
| 6 | known to me to be the same person
whose name is subscribed as | ||||||
| 7 | principal to the foregoing power of attorney,
appeared before | ||||||
| 8 | me and the witness(es) ............. (and ..............) in | ||||||
| 9 | person and acknowledged
signing and delivering the
instrument | ||||||
| 10 | as the free and voluntary act of the principal, for the uses | ||||||
| 11 | and
purposes therein set forth (, and certified to the | ||||||
| 12 | correctness of the
signature(s) of the agent(s)).
| ||||||
| 13 | Dated: ................
| ||||||
| 14 | ..............................
| ||||||
| 15 | Notary Public
| ||||||
| 16 | My commission expires .................
| ||||||
| 17 | (NOTE: You may, but are not required to, request your agent and | ||||||
| 18 | successor agents to provide specimen signatures below. If you | ||||||
| 19 | include specimen signatures in this power of attorney, you must | ||||||
| 20 | complete the certification opposite the signatures of the | ||||||
| 21 | agents.)
| ||||||
| 22 | Specimen signatures of I certify that the signatures
| ||||||
| 23 | agent (and successors) of my agent (and successors)
| ||||||
| |||||||
| |||||||
| 1 | are genuine.
| ||||||
| 2 | .......................... .............................
| ||||||
| 3 | (agent) (principal)
| ||||||
| 4 | .......................... .............................
| ||||||
| 5 | (successor agent) (principal)
| ||||||
| 6 | .......................... .............................
| ||||||
| 7 | (successor agent) (principal)
| ||||||
| 8 | (NOTE: The name, address, and phone number of the person | ||||||
| 9 | preparing this form or who assisted the principal in completing | ||||||
| 10 | this form should be inserted below.)
| ||||||
| 11 | Name: ....................... | ||||||
| 12 | Address: .................... | ||||||
| 13 | .............................. | ||||||
| 14 | .............................. | ||||||
| 15 | Phone: .................... "
| ||||||
| 16 | (e) Notice to Agent. The following form may be known as | ||||||
| 17 | "Notice to Agent" and shall be supplied to an agent appointed | ||||||
| 18 | under a power of attorney for property.
| ||||||
| 19 | "NOTICE TO AGENT | ||||||
| 20 | When you accept the authority granted under this power of | ||||||
| 21 | attorney a special legal relationship, known as agency, is | ||||||
| 22 | created between you and the principal. Agency imposes upon you | ||||||
| 23 | duties that continue until you resign or the power of attorney | ||||||
| |||||||
| |||||||
| 1 | is terminated or revoked. | ||||||
| 2 | As agent you must: | ||||||
| 3 | (1) do what you know the principal reasonably expects | ||||||
| 4 | you to do with the principal's property; | ||||||
| 5 | (2) act in good faith for the best interest of the | ||||||
| 6 | principal, using due care, competence, and diligence; | ||||||
| 7 | (3) keep a complete and detailed record of all | ||||||
| 8 | receipts, disbursements, and significant actions conducted | ||||||
| 9 | for the principal; | ||||||
| 10 | (4) attempt to preserve the principal's estate plan, to | ||||||
| 11 | the extent actually known by the agent, if preserving the | ||||||
| 12 | plan is consistent with the principal's best interest; and | ||||||
| 13 | (5) cooperate with a person who has authority to make | ||||||
| 14 | health care decisions for the principal to carry out the | ||||||
| 15 | principal's reasonable expectations to the extent actually | ||||||
| 16 | in the principal's best interest. | ||||||
| 17 | As agent you must not do any of the following: | ||||||
| 18 | (1) act so as to create a conflict of interest that is | ||||||
| 19 | inconsistent with the other principles in this Notice to | ||||||
| 20 | Agent; | ||||||
| 21 | (2) do any act beyond the authority granted in this | ||||||
| 22 | power of attorney; | ||||||
| 23 | (3) commingle the principal's funds with your funds; | ||||||
| 24 | (4) borrow funds or other property from the principal, | ||||||
| 25 | unless otherwise authorized; | ||||||
| 26 | (5) continue acting on behalf of the principal if you | ||||||
| |||||||
| |||||||
| 1 | learn of any event that terminates this power of attorney | ||||||
| 2 | or your authority under this power of attorney, such as the | ||||||
| 3 | death of the principal, your legal separation from the | ||||||
| 4 | principal, or the dissolution of your marriage to the | ||||||
| 5 | principal. | ||||||
| 6 | If you have special skills or expertise, you must use those | ||||||
| 7 | special skills and expertise when acting for the principal. You | ||||||
| 8 | must disclose your identity as an agent whenever you act for | ||||||
| 9 | the principal by writing or printing the name of the principal | ||||||
| 10 | and signing your own name "as Agent" in the following manner: | ||||||
| 11 | "(Principal's Name) by (Your Name) as Agent" | ||||||
| 12 | The meaning of the powers granted to you is contained in | ||||||
| 13 | Section 3-4 of the Illinois Power of Attorney Act, which is | ||||||
| 14 | incorporated by reference into the body of the power of | ||||||
| 15 | attorney for property document. | ||||||
| 16 | If you violate your duties as agent or act outside the | ||||||
| 17 | authority granted to you, you may be liable for any damages, | ||||||
| 18 | including attorney's fees and costs, caused by your violation. | ||||||
| 19 | If there is anything about this document or your duties | ||||||
| 20 | that you do not understand, you should seek legal advice from | ||||||
| 21 | an attorney."
| ||||||
| 22 | (f) The requirement of the signature of a witness in | ||||||
| 23 | addition to the principal and the notary, imposed by Public Act | ||||||
| 24 | 91-790, applies only to instruments executed on or after June | ||||||
| 25 | 9, 2000 (the effective date of that Public Act). | ||||||
| |||||||
| |||||||
| 1 | (NOTE: This amendatory Act of the 96th General Assembly deletes | ||||||
| 2 | provisions that referred to the one required witness as an | ||||||
| 3 | "additional witness", and it also provides for the signature of | ||||||
| 4 | an optional "second witness".)
| ||||||
| 5 | (Source: P.A. 96-1195, eff. 7-1-11.)
| ||||||
| 6 | (755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1)
| ||||||
| 7 | Sec. 4-1. Purpose. The General Assembly recognizes the | ||||||
| 8 | right of the
individual to control all aspects of his or her | ||||||
| 9 | personal care and medical
treatment, including the right to | ||||||
| 10 | decline medical treatment or to direct
that it be withdrawn, | ||||||
| 11 | even if death ensues. The right of the individual to
decide | ||||||
| 12 | about personal care overrides the obligation of the physician | ||||||
| 13 | and
other health care providers to render care or to preserve | ||||||
| 14 | life and health.
| ||||||
| 15 | However, if the individual becomes a person with a | ||||||
| 16 | disability disabled, her or his right to control
treatment may | ||||||
| 17 | be denied unless the individual, as principal, can delegate
the | ||||||
| 18 | decision making power to a trusted agent and be sure that the | ||||||
| 19 | agent's
power to make personal and health care decisions for | ||||||
| 20 | the principal will be
effective to the same extent as though | ||||||
| 21 | made by the principal.
| ||||||
| 22 | The Illinois statutory recognition of the right of | ||||||
| 23 | delegation for health
care purposes needs to be restated to | ||||||
| 24 | make it clear that its scope is
intended to be as broad as the | ||||||
| 25 | comparable right of delegation for property
and financial | ||||||
| |||||||
| |||||||
| 1 | matters. However, the General Assembly recognizes that
powers | ||||||
| 2 | concerning life and death and the other issues involved in | ||||||
| 3 | health
care agencies are more sensitive than property matters | ||||||
| 4 | and that particular
rules and forms are necessary for health | ||||||
| 5 | care agencies to insure their
validity and efficacy and to | ||||||
| 6 | protect health care providers so that they
will honor the | ||||||
| 7 | authority of the agent at all times. For purposes of
emphasis | ||||||
| 8 | and their particular application to health care, the General
| ||||||
| 9 | Assembly restates the purposes and public policy announced in | ||||||
| 10 | Article II,
Section 2-1 of this Act as if those purposes and | ||||||
| 11 | public policies were set
forth verbatim in this Section.
| ||||||
| 12 | In furtherance of these purposes, the General Assembly | ||||||
| 13 | adopts this Article,
setting forth general principles | ||||||
| 14 | governing health care agencies and a statutory
short form power | ||||||
| 15 | of attorney for health care, intending that when a power
in | ||||||
| 16 | substantially the form set forth in this Article is used, | ||||||
| 17 | health care
providers and other third parties who rely in good | ||||||
| 18 | faith on the acts and
decisions of the agent within the scope | ||||||
| 19 | of the power may do so without fear
of civil or criminal | ||||||
| 20 | liability to the principal, the State or any other
person. | ||||||
| 21 | However, the form of health care agency in this Article is not
| ||||||
| 22 | intended to be exclusive and other forms of powers of attorney | ||||||
| 23 | chosen by
the principal that comply with Section 4-5 of this | ||||||
| 24 | Article may offer powers and
protection similar to the | ||||||
| 25 | statutory short form power of attorney for health care.
| ||||||
| 26 | (Source: P.A. 85-1395.)
| ||||||
| |||||||
| |||||||
| 1 | Section 970. The Trusts and Trustees Act is amended by | ||||||
| 2 | changing Sections 15, 15.1, 16.1, and 16.4 as follows:
| ||||||
| 3 | (760 ILCS 5/15) (from Ch. 17, par. 1685)
| ||||||
| 4 | Sec. 15.
Minor or
person with a disability disabled | ||||||
| 5 | person-Authority of Representative.
The representative of the | ||||||
| 6 | estate of a beneficiary under legal disability
or a spouse, | ||||||
| 7 | parent, adult child, or guardian of the person of a
beneficiary | ||||||
| 8 | for whose estate no representative has been appointed, may act
| ||||||
| 9 | for the beneficiary in receiving and approving any account of | ||||||
| 10 | the trustee
appointing a successor trustee and executing any | ||||||
| 11 | receipt and receiving any
notice from the trustee.
| ||||||
| 12 | (Source: P.A. 82-354.)
| ||||||
| 13 | (760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)
| ||||||
| 14 | Sec. 15.1. Trust for a beneficiary with a disability | ||||||
| 15 | disabled beneficiary. A discretionary trust for
the benefit of | ||||||
| 16 | an individual who has a disability that substantially
impairs | ||||||
| 17 | the individual's ability to provide for his or her own care or
| ||||||
| 18 | custody and constitutes a substantial disability handicap | ||||||
| 19 | shall not be liable to pay
or reimburse the State or any public | ||||||
| 20 | agency for financial aid or services
to the individual except | ||||||
| 21 | to the extent the trust was created by the
individual or trust | ||||||
| 22 | property has been distributed directly to or is
otherwise under | ||||||
| 23 | the control of the individual, provided that such exception
| ||||||
| |||||||
| |||||||
| 1 | shall not apply to a trust created with the disabled | ||||||
| 2 | individual's
own property of the individual with a disability | ||||||
| 3 | or property within his or her control if the trust complies | ||||||
| 4 | with
Medicaid reimbursement requirements of
federal law.
| ||||||
| 5 | Notwithstanding any other provisions to the contrary, a trust | ||||||
| 6 | created with
the disabled individual's own property of the | ||||||
| 7 | individual with a disability or property within his or her | ||||||
| 8 | control
shall be liable, after reimbursement of Medicaid | ||||||
| 9 | expenditures, to the State for
reimbursement of any other | ||||||
| 10 | service charges outstanding at the death of the
individual with | ||||||
| 11 | a disability disabled individual.
Property, goods and services
| ||||||
| 12 | purchased or owned by a trust for and used or consumed by a | ||||||
| 13 | beneficiary with a disability disabled
beneficiary shall not be | ||||||
| 14 | considered trust property distributed to or under
the control | ||||||
| 15 | of the beneficiary. A discretionary trust is one in which the
| ||||||
| 16 | trustee has discretionary power to determine distributions to | ||||||
| 17 | be made
under the trust.
| ||||||
| 18 | (Source: P.A. 89-205, eff. 1-1-96.)
| ||||||
| 19 | (760 ILCS 5/16.1)
| ||||||
| 20 | Sec. 16.1. Virtual representation.
| ||||||
| 21 | (a) Representation by a beneficiary with a substantially | ||||||
| 22 | similar interest, by the primary beneficiaries and by others. | ||||||
| 23 | (1) To the extent there is no conflict of interest | ||||||
| 24 | between the representative and the represented beneficiary | ||||||
| 25 | with respect to the particular question or dispute, a | ||||||
| |||||||
| |||||||
| 1 | beneficiary who is a minor or a beneficiary with a | ||||||
| 2 | disability or an disabled or unborn beneficiary, or a | ||||||
| 3 | beneficiary whose identity or location is unknown and not | ||||||
| 4 | reasonably ascertainable (hereinafter referred to as an | ||||||
| 5 | "unascertainable beneficiary"), may for all purposes be | ||||||
| 6 | represented by and bound by another beneficiary having a | ||||||
| 7 | substantially similar interest with respect to the | ||||||
| 8 | particular question or dispute; provided, however, that | ||||||
| 9 | the represented beneficiary is not otherwise represented | ||||||
| 10 | by a guardian or agent in accordance with subdivision | ||||||
| 11 | (a)(4) or by a parent in accordance with subdivision | ||||||
| 12 | (a)(5). | ||||||
| 13 | (2) If all primary beneficiaries of a trust either have | ||||||
| 14 | legal capacity or have representatives in accordance with | ||||||
| 15 | this subsection (a) who have legal capacity, the actions of | ||||||
| 16 | such primary beneficiaries, in each case either by the | ||||||
| 17 | beneficiary or by the beneficiary's representative, shall | ||||||
| 18 | represent and bind all other beneficiaries who have a | ||||||
| 19 | successor, contingent, future, or other interest in the | ||||||
| 20 | trust. | ||||||
| 21 | (3) For purposes of this Act: | ||||||
| 22 | (A) "Primary beneficiary" means a beneficiary of a | ||||||
| 23 | trust who as of the date of determination is either: | ||||||
| 24 | (i) currently eligible to receive income or principal | ||||||
| 25 | from the trust, or (ii) a presumptive remainder | ||||||
| 26 | beneficiary. | ||||||
| |||||||
| |||||||
| 1 | (B) "Presumptive remainder beneficiary" means a | ||||||
| 2 | beneficiary of a trust, as of the date of determination | ||||||
| 3 | and assuming nonexercise of all powers of appointment, | ||||||
| 4 | who either: (i) would be eligible to receive a | ||||||
| 5 | distribution of income or principal if the trust | ||||||
| 6 | terminated on that date, or (ii) would be eligible to | ||||||
| 7 | receive a distribution of income or principal if the | ||||||
| 8 | interests of all beneficiaries currently eligible to | ||||||
| 9 | receive income or principal from the trust ended on | ||||||
| 10 | that date without causing the trust to terminate. | ||||||
| 11 | (C) "Person with a disability" Disabled person" as | ||||||
| 12 | of any date means either a person with a disability | ||||||
| 13 | disabled person within the meaning of Section 11a-2 of | ||||||
| 14 | the Probate Act of 1975 or a person who, within the 365 | ||||||
| 15 | days immediately preceding that date, was examined by a | ||||||
| 16 | licensed physician who determined that the person | ||||||
| 17 | lacked the capacity to make prudent financial | ||||||
| 18 | decisions, and the physician made a written record of | ||||||
| 19 | the physician's determination and signed the written | ||||||
| 20 | record within 90 days after the examination. | ||||||
| 21 | (D) A person has legal capacity unless the person | ||||||
| 22 | is a minor or a person with a disability disabled | ||||||
| 23 | person. | ||||||
| 24 | (4) If a trust beneficiary is represented by a court | ||||||
| 25 | appointed guardian of the estate or, if none, guardian of | ||||||
| 26 | the person, the guardian shall represent and bind the | ||||||
| |||||||
| |||||||
| 1 | beneficiary. If a trust beneficiary is a person with a | ||||||
| 2 | disability disabled person, an agent under a power of | ||||||
| 3 | attorney for property who has authority to act with respect | ||||||
| 4 | to the particular question or dispute and who does not have | ||||||
| 5 | a conflict of interest with respect to the particular | ||||||
| 6 | question or dispute may represent and bind the principal. | ||||||
| 7 | An agent is deemed to have such authority if the power of | ||||||
| 8 | attorney grants the agent the power to settle claims and to | ||||||
| 9 | exercise powers with respect to trusts and estates, even if | ||||||
| 10 | the powers do not include powers to make a will, to revoke | ||||||
| 11 | or amend a trust, or to require the trustee to pay income | ||||||
| 12 | or principal. Absent a court order pursuant to the Illinois | ||||||
| 13 | Power of Attorney Act directing a guardian to exercise | ||||||
| 14 | powers of the principal under an agency that survives | ||||||
| 15 | disability, an agent under a power of attorney for property | ||||||
| 16 | who in accordance with this subdivision has authority to | ||||||
| 17 | represent and bind a principal with a disability disabled | ||||||
| 18 | principal takes precedence over a court appointed guardian | ||||||
| 19 | unless the court specifies otherwise. This subdivision | ||||||
| 20 | applies to all agencies, whenever and wherever executed. | ||||||
| 21 | (5) If a trust beneficiary is a minor or a person with | ||||||
| 22 | a disability or an disabled or unborn person and is not | ||||||
| 23 | represented by a guardian or agent in accordance with | ||||||
| 24 | subdivision (a)(4), then a parent of the beneficiary may | ||||||
| 25 | represent and bind the beneficiary, provided that there is | ||||||
| 26 | no conflict of interest between the represented person and | ||||||
| |||||||
| |||||||
| 1 | either of the person's parents with respect to the | ||||||
| 2 | particular question or dispute. If a disagreement arises | ||||||
| 3 | between parents who otherwise qualify to represent a child | ||||||
| 4 | in accordance with this subsection (a) and who are seeking | ||||||
| 5 | to represent the same child, the parent who is a lineal | ||||||
| 6 | descendant of the settlor of the trust that is the subject | ||||||
| 7 | of the representation is entitled to represent the child; | ||||||
| 8 | or if none, the parent who is a beneficiary of the trust is | ||||||
| 9 | entitled to represent the child. | ||||||
| 10 | (6) A guardian, agent or parent who is the | ||||||
| 11 | representative for a beneficiary under subdivision (a)(4) | ||||||
| 12 | or (a)(5) may, for all purposes, represent and bind any | ||||||
| 13 | other beneficiary who is a minor or a beneficiary with a | ||||||
| 14 | disability or an disabled, unborn, or unascertainable | ||||||
| 15 | beneficiary who has an interest, with respect to the | ||||||
| 16 | particular question or dispute, that is substantially | ||||||
| 17 | similar to the interest of the beneficiary represented by | ||||||
| 18 | the representative, but only to the extent that there is no | ||||||
| 19 | conflict of interest between the beneficiary represented | ||||||
| 20 | by the representative and the other beneficiary with | ||||||
| 21 | respect to the particular question or dispute; provided, | ||||||
| 22 | however, that the other beneficiary is not otherwise | ||||||
| 23 | represented by a guardian or agent in accordance with | ||||||
| 24 | subdivision (a)(4) or by a parent in accordance with | ||||||
| 25 | subdivision (a)(5). | ||||||
| 26 | (7) The action or consent of a representative who may | ||||||
| |||||||
| |||||||
| 1 | represent and bind a beneficiary in accordance with this | ||||||
| 2 | Section is binding on the beneficiary represented, and | ||||||
| 3 | notice or service of process to the representative has the | ||||||
| 4 | same effect as if the notice or service of process were | ||||||
| 5 | given directly to the beneficiary represented. | ||||||
| 6 | (8) Nothing in this Section limits the discretionary | ||||||
| 7 | power of a court in a judicial proceeding to appoint a | ||||||
| 8 | guardian ad litem for any beneficiary who is a minor, | ||||||
| 9 | beneficiary who has a disability, unborn beneficiary, or | ||||||
| 10 | unascertainable beneficiary minor, disabled, unborn, or | ||||||
| 11 | unascertainable beneficiary with respect to a particular | ||||||
| 12 | question or dispute, but appointment of a guardian ad litem | ||||||
| 13 | need not be considered and is not necessary if such | ||||||
| 14 | beneficiary is otherwise represented in accordance with | ||||||
| 15 | this Section. | ||||||
| 16 | (b) Total return trusts. This Section shall apply to enable | ||||||
| 17 | conversion to a total return trust by agreement in accordance | ||||||
| 18 | with subsection (b) of Section 5.3 of this Act, by agreement | ||||||
| 19 | between the trustee and all primary beneficiaries of the trust, | ||||||
| 20 | in each case either by the beneficiary or by the beneficiary's | ||||||
| 21 | representative in accordance with this Section. | ||||||
| 22 | (c) Representation of charity. If a trust provides a | ||||||
| 23 | beneficial interest or expectancy for one or more charities or | ||||||
| 24 | charitable purposes that are not specifically named or | ||||||
| 25 | otherwise represented (the "charitable interest"), the | ||||||
| 26 | Illinois Attorney General may, in accordance with this Section, | ||||||
| |||||||
| |||||||
| 1 | represent, bind, and act on behalf of the charitable interest | ||||||
| 2 | with respect to any particular question or dispute, including | ||||||
| 3 | without limitation representing the charitable interest in a | ||||||
| 4 | nonjudicial settlement agreement or in an agreement to convert | ||||||
| 5 | a trust to a total return trust in accordance with subsection | ||||||
| 6 | (b) of Section 5.3 of this Act. A charity that is specifically | ||||||
| 7 | named as beneficiary of a trust or that otherwise has an | ||||||
| 8 | express beneficial interest in a trust may act for itself. | ||||||
| 9 | Notwithstanding any other provision, nothing in this Section | ||||||
| 10 | shall be construed to limit or affect the Illinois Attorney | ||||||
| 11 | General's authority to file an action or take other steps as he | ||||||
| 12 | or she deems advisable at any time to enforce or protect the | ||||||
| 13 | general public interest as to a trust that provides a | ||||||
| 14 | beneficial interest or expectancy for one or more charities or | ||||||
| 15 | charitable purposes whether or not a specific charity is named | ||||||
| 16 | in the trust. This subsection (c) shall be construed as being | ||||||
| 17 | declarative of existing law and not as a new enactment. | ||||||
| 18 | (d) Nonjudicial settlement agreements. | ||||||
| 19 | (1) For purposes of this Section, "interested persons" | ||||||
| 20 | means the trustee and all beneficiaries, or their | ||||||
| 21 | respective representatives determined after giving effect | ||||||
| 22 | to the preceding provisions of this Section, whose consent | ||||||
| 23 | or joinder would be required in order to achieve a binding | ||||||
| 24 | settlement were the settlement to be approved by the court. | ||||||
| 25 | "Interested persons" also includes a trust advisor, | ||||||
| 26 | investment advisor, distribution advisor, trust protector | ||||||
| |||||||
| |||||||
| 1 | or other holder, or committee of holders, of fiduciary or | ||||||
| 2 | nonfiduciary powers, if the person then holds powers | ||||||
| 3 | material to a particular question or dispute to be resolved | ||||||
| 4 | or affected by a nonjudicial settlement agreement in | ||||||
| 5 | accordance with this Section or by the court. | ||||||
| 6 | (2) Interested persons, or their respective | ||||||
| 7 | representatives determined after giving effect to the | ||||||
| 8 | preceding provisions of this Section, may enter into a | ||||||
| 9 | binding nonjudicial settlement agreement with respect to | ||||||
| 10 | any matter involving a trust as provided in this Section. | ||||||
| 11 | (3) (Blank). | ||||||
| 12 | (4) The following matters may be resolved by a | ||||||
| 13 | nonjudicial settlement agreement: | ||||||
| 14 | (A) Validity, interpretation, or construction of | ||||||
| 15 | the terms of the trust. | ||||||
| 16 | (B) Approval of a trustee's report or accounting. | ||||||
| 17 | (C) Exercise or nonexercise of any power by a | ||||||
| 18 | trustee. | ||||||
| 19 | (D) The grant to a trustee of any necessary or | ||||||
| 20 | desirable administrative power, provided the grant | ||||||
| 21 | does not conflict with a clear material purpose of the | ||||||
| 22 | trust. | ||||||
| 23 | (E) Questions relating to property or an interest | ||||||
| 24 | in property held by the trust, provided the resolution | ||||||
| 25 | does not conflict with a clear material purpose of the | ||||||
| 26 | trust. | ||||||
| |||||||
| |||||||
| 1 | (F) Removal, appointment, or removal and | ||||||
| 2 | appointment of a trustee, trust advisor, investment | ||||||
| 3 | advisor, distribution advisor, trust protector or | ||||||
| 4 | other holder, or committee of holders, of fiduciary or | ||||||
| 5 | nonfiduciary powers, including without limitation | ||||||
| 6 | designation of a plan of succession or procedure to | ||||||
| 7 | determine successors to any such office. | ||||||
| 8 | (G) Determination of a trustee's compensation. | ||||||
| 9 | (H) Transfer of a trust's principal place of | ||||||
| 10 | administration, including without limitation to change | ||||||
| 11 | the law governing administration of the trust. | ||||||
| 12 | (I) Liability or indemnification of a trustee for | ||||||
| 13 | an action relating to the trust. | ||||||
| 14 | (J) Resolution of bona fide disputes related to | ||||||
| 15 | administration, investment, distribution or other | ||||||
| 16 | matters. | ||||||
| 17 | (K) Modification of terms of the trust pertaining | ||||||
| 18 | to administration of the trust. | ||||||
| 19 | (L) Termination of the trust, provided that court | ||||||
| 20 | approval of such termination must be obtained in | ||||||
| 21 | accordance with subdivision (d)(5) of this Section, | ||||||
| 22 | and the court must conclude continuance of the trust is | ||||||
| 23 | not necessary to achieve any clear material purpose of | ||||||
| 24 | the trust. The court may consider spendthrift | ||||||
| 25 | provisions as a factor in making a decision under this | ||||||
| 26 | subdivision, but a spendthrift provision is not | ||||||
| |||||||
| |||||||
| 1 | necessarily a clear material purpose of a trust, and | ||||||
| 2 | the court is not precluded from modifying or | ||||||
| 3 | terminating a trust because the trust instrument | ||||||
| 4 | contains a spendthrift provision. Upon such | ||||||
| 5 | termination the court may order the trust property | ||||||
| 6 | distributed as agreed by the parties to the agreement | ||||||
| 7 | or otherwise as the court determines equitable | ||||||
| 8 | consistent with the purposes of the trust. | ||||||
| 9 | (M) Any other matter involving a trust to the | ||||||
| 10 | extent the terms and conditions of the nonjudicial | ||||||
| 11 | settlement agreement could be properly approved under | ||||||
| 12 | applicable law by a court of competent jurisdiction. | ||||||
| 13 | (4.5) If a charitable interest or a specifically named | ||||||
| 14 | charity is a current beneficiary, is a presumptive | ||||||
| 15 | remainder beneficiary, or has any vested interest in a | ||||||
| 16 | trust, the parties to any proposed nonjudicial settlement | ||||||
| 17 | agreement affecting the trust shall deliver to the Attorney | ||||||
| 18 | General's Charitable Trust Bureau written notice of the | ||||||
| 19 | proposed agreement at least 60 days prior to its effective | ||||||
| 20 | date. The Bureau need take no action, but if it objects in | ||||||
| 21 | a writing delivered to one or more of the parties prior to | ||||||
| 22 | the proposed effective date, the agreement shall not take | ||||||
| 23 | effect unless the parties obtain court approval. | ||||||
| 24 | (5) Any beneficiary or other interested person may | ||||||
| 25 | request the court to approve any part or all of a | ||||||
| 26 | nonjudicial settlement agreement, including whether any | ||||||
| |||||||
| |||||||
| 1 | representation is adequate and without conflict of | ||||||
| 2 | interest, provided that the petition for such approval must | ||||||
| 3 | be filed before or within 60 days after the effective date | ||||||
| 4 | of the agreement. | ||||||
| 5 | (6) An agreement entered into in accordance with this | ||||||
| 6 | Section shall be final and binding on the trustee, on all | ||||||
| 7 | beneficiaries of the trust, both current and future, and on | ||||||
| 8 | all other interested persons as if ordered by a court with | ||||||
| 9 | competent jurisdiction over the trust, the trust property, | ||||||
| 10 | and all parties in interest. | ||||||
| 11 | (7) In the trustee's sole discretion, the trustee may, | ||||||
| 12 | but is not required to, obtain and rely upon an opinion of | ||||||
| 13 | counsel on any matter relevant to this Section, including | ||||||
| 14 | without limitation: (i) where required by this Section, | ||||||
| 15 | that the agreement proposed to be made in accordance with | ||||||
| 16 | this Section does not conflict with a clear material | ||||||
| 17 | purpose of the trust or could be properly approved by the | ||||||
| 18 | court under applicable law; (ii) in the case of a trust | ||||||
| 19 | termination, that continuance of the trust is not necessary | ||||||
| 20 | to achieve any clear material purpose of the trust; (iii) | ||||||
| 21 | that there is no conflict of interest between a | ||||||
| 22 | representative and the person represented with respect to | ||||||
| 23 | the particular question or dispute; or (iv) that the | ||||||
| 24 | representative and the person represented have | ||||||
| 25 | substantially similar interests with respect to the | ||||||
| 26 | particular question or dispute. | ||||||
| |||||||
| |||||||
| 1 | (e) Application. On and after its effective date, this | ||||||
| 2 | Section applies to all existing and future trusts, judicial | ||||||
| 3 | proceedings, or agreements entered into in accordance with this | ||||||
| 4 | Section on or after the effective date.
| ||||||
| 5 | (f) This Section shall be construed as pertaining to the | ||||||
| 6 | administration of a trust and shall be available to any trust | ||||||
| 7 | that is administered in this State or that is governed by | ||||||
| 8 | Illinois law with respect to the meaning and effect of its | ||||||
| 9 | terms, except to the extent the governing instrument expressly | ||||||
| 10 | prohibits the use of this Section by specific reference to this | ||||||
| 11 | Section. A provision in the governing instrument in the form: | ||||||
| 12 | "Neither the provisions of Section 16.1 of the Illinois Trusts | ||||||
| 13 | and Trustees Act nor any corresponding provision of future law | ||||||
| 14 | may be used in the administration of this trust", or a similar | ||||||
| 15 | provision demonstrating that intent, is sufficient to preclude | ||||||
| 16 | the use of this Section. | ||||||
| 17 | (g) The changes made by this amendatory Act of the 98th | ||||||
| 18 | General Assembly apply to all trusts in existence on the | ||||||
| 19 | effective date of this amendatory Act of the 98th General | ||||||
| 20 | Assembly or created after that date, and are applicable to | ||||||
| 21 | judicial proceedings and nonjudicial matters involving such | ||||||
| 22 | trusts. For purposes of this Section: | ||||||
| 23 | (i) judicial proceedings include any proceeding before | ||||||
| 24 | a court or administrative tribunal of this State and any | ||||||
| 25 | arbitration or mediation proceedings; and | ||||||
| 26 | (ii) nonjudicial matters include, but are not limited | ||||||
| |||||||
| |||||||
| 1 | to, nonjudicial settlement agreements entered into in | ||||||
| 2 | accordance with this Section and the grant of any consent, | ||||||
| 3 | release, ratification, or indemnification. | ||||||
| 4 | (Source: P.A. 98-946, eff. 1-1-15.)
| ||||||
| 5 | (760 ILCS 5/16.4) | ||||||
| 6 | Sec. 16.4. Distribution of trust principal in further | ||||||
| 7 | trust. | ||||||
| 8 | (a) Definitions. In this Section: | ||||||
| 9 | "Absolute discretion" means the right to distribute | ||||||
| 10 | principal that is not limited or modified in any manner to or | ||||||
| 11 | for the benefit of one or more beneficiaries of the trust, | ||||||
| 12 | whether or not the term "absolute" is used. A power to | ||||||
| 13 | distribute principal that includes purposes such as best | ||||||
| 14 | interests, welfare, or happiness shall constitute absolute | ||||||
| 15 | discretion. | ||||||
| 16 | "Authorized trustee" means an entity or individual, other | ||||||
| 17 | than the settlor, who has authority under the terms of the | ||||||
| 18 | first trust to distribute the principal of the trust for the | ||||||
| 19 | benefit of one or more current beneficiaries. | ||||||
| 20 | "Code" means the United States Internal Revenue Code of | ||||||
| 21 | 1986, as amended from time to time, including corresponding | ||||||
| 22 | provisions of subsequent internal revenue laws and | ||||||
| 23 | corresponding provisions of State law. | ||||||
| 24 | "Current beneficiary" means a person who is currently | ||||||
| 25 | receiving or eligible to receive a distribution of principal or | ||||||
| |||||||
| |||||||
| 1 | income from the trustee on the date of the exercise of the | ||||||
| 2 | power. | ||||||
| 3 | "Distribute" means the power to pay directly to the | ||||||
| 4 | beneficiary of a trust or make application for the benefit of | ||||||
| 5 | the beneficiary. | ||||||
| 6 | "First trust" means an existing irrevocable inter vivos or | ||||||
| 7 | testamentary trust part or all of the principal of which is | ||||||
| 8 | distributed in further trust under subsection (c) or (d). | ||||||
| 9 | "Presumptive remainder beneficiary" means a beneficiary of | ||||||
| 10 | a trust, as of the date of determination and assuming | ||||||
| 11 | non-exercise of all powers of appointment, who either (i) would | ||||||
| 12 | be eligible to receive a distribution of income or principal if | ||||||
| 13 | the trust terminated on that date, or (ii) would be eligible to | ||||||
| 14 | receive a distribution of income or principal if the interests | ||||||
| 15 | of all beneficiaries currently eligible to receive income or | ||||||
| 16 | principal from the trust ended on that date without causing the | ||||||
| 17 | trust to terminate. | ||||||
| 18 | "Principal" includes the income of the trust at the time of | ||||||
| 19 | the exercise of the power that is not currently required to be | ||||||
| 20 | distributed, including accrued and accumulated income. | ||||||
| 21 | "Second trust" means any irrevocable trust to which | ||||||
| 22 | principal is distributed in accordance with subsection (c) or | ||||||
| 23 | (d). | ||||||
| 24 | "Successor beneficiary" means any beneficiary other than | ||||||
| 25 | the current and presumptive remainder beneficiaries, but does | ||||||
| 26 | not include a potential appointee of a power of appointment | ||||||
| |||||||
| |||||||
| 1 | held by a beneficiary. | ||||||
| 2 | (b) Purpose. An independent trustee who has discretion to | ||||||
| 3 | make distributions to the beneficiaries shall exercise that | ||||||
| 4 | discretion in the trustee's fiduciary capacity, whether the | ||||||
| 5 | trustee's discretion is absolute or limited to ascertainable | ||||||
| 6 | standards, in furtherance of the purposes of the trust. | ||||||
| 7 | (c) Distribution to second trust if absolute discretion. An | ||||||
| 8 | authorized trustee who has the absolute discretion to | ||||||
| 9 | distribute the principal of a trust may distribute part or all | ||||||
| 10 | of the principal of the trust in favor of a trustee of a second | ||||||
| 11 | trust for the benefit of one, more than one, or all of the | ||||||
| 12 | current beneficiaries of the first trust and for the benefit of | ||||||
| 13 | one, more than one, or all of the successor and remainder | ||||||
| 14 | beneficiaries of the first trust. | ||||||
| 15 | (1) If the authorized trustee exercises the power under | ||||||
| 16 | this subsection, the authorized trustee may grant a power | ||||||
| 17 | of appointment (including a presently exercisable power of | ||||||
| 18 | appointment) in the second trust to one or more of the | ||||||
| 19 | current beneficiaries of the first trust, provided that the | ||||||
| 20 | beneficiary granted a power to appoint could receive the | ||||||
| 21 | principal outright under the terms of the first trust. | ||||||
| 22 | (2) If the authorized trustee grants a power of | ||||||
| 23 | appointment, the class of permissible appointees in favor | ||||||
| 24 | of whom a beneficiary may exercise the power of appointment | ||||||
| 25 | granted in the second trust may be broader than or | ||||||
| 26 | otherwise different from the current, successor, and | ||||||
| |||||||
| |||||||
| 1 | presumptive remainder beneficiaries of the first trust. | ||||||
| 2 | (3) If the beneficiary or beneficiaries of the first | ||||||
| 3 | trust are described as a class of persons, the beneficiary | ||||||
| 4 | or beneficiaries of the second trust may include one or | ||||||
| 5 | more persons of such class who become includible in the | ||||||
| 6 | class after the distribution to the second trust. | ||||||
| 7 | (d) Distribution to second trust if no absolute discretion. | ||||||
| 8 | An authorized trustee who has the power to distribute the | ||||||
| 9 | principal of a trust but does not have the absolute discretion | ||||||
| 10 | to distribute the principal of the trust may distribute part or | ||||||
| 11 | all of the principal of the first trust in favor of a trustee | ||||||
| 12 | of a second trust, provided that the current beneficiaries of | ||||||
| 13 | the second trust shall be the same as the current beneficiaries | ||||||
| 14 | of the first trust and the successor and remainder | ||||||
| 15 | beneficiaries of the second trust shall be the same as the | ||||||
| 16 | successor and remainder beneficiaries of the first trust. | ||||||
| 17 | (1) If the authorized trustee exercises the power under | ||||||
| 18 | this subsection (d), the second trust shall include the | ||||||
| 19 | same language authorizing the trustee to distribute the | ||||||
| 20 | income or principal of a trust as set forth in the first | ||||||
| 21 | trust. | ||||||
| 22 | (2) If the beneficiary or beneficiaries of the first | ||||||
| 23 | trust are described as a class of persons, the beneficiary | ||||||
| 24 | or beneficiaries of the second trust shall include all | ||||||
| 25 | persons who become includible in the class after the | ||||||
| 26 | distribution to the second trust. | ||||||
| |||||||
| |||||||
| 1 | (3) If the authorized trustee exercises the power under | ||||||
| 2 | this subsection (d) and if the first trust grants a power | ||||||
| 3 | of appointment to a beneficiary of the trust, the second | ||||||
| 4 | trust shall grant such power of appointment in the second | ||||||
| 5 | trust and the class of permissible appointees shall be the | ||||||
| 6 | same as in the first trust. | ||||||
| 7 | (4) Supplemental Needs Trusts. | ||||||
| 8 | (i) Notwithstanding the other provisions of this | ||||||
| 9 | subsection (d), the authorized trustee may distribute | ||||||
| 10 | part or all of the principal of the interest of a | ||||||
| 11 | beneficiary who has a disability a disabled | ||||||
| 12 | beneficiary's interest in the first trust in favor of a | ||||||
| 13 | trustee of a second trust which is a supplemental needs | ||||||
| 14 | trust if the authorized trustee determines that to do | ||||||
| 15 | so would be in the best interests of the beneficiary | ||||||
| 16 | who has a disability disabled beneficiary. | ||||||
| 17 | (ii) Definitions. For purposes of this subsection | ||||||
| 18 | (d): | ||||||
| 19 | "Best interests" of a beneficiary who has a | ||||||
| 20 | disability disabled beneficiary include, without | ||||||
| 21 | limitation, consideration of the financial impact | ||||||
| 22 | to the disabled beneficiary's family of the | ||||||
| 23 | beneficiary who has a disability. | ||||||
| 24 | "Beneficiary who has a disability Disabled | ||||||
| 25 | beneficiary" means a current beneficiary, | ||||||
| 26 | presumptive remainder beneficiary, or successor | ||||||
| |||||||
| |||||||
| 1 | beneficiary of the first trust who the authorized | ||||||
| 2 | trustee determines has a disability that | ||||||
| 3 | substantially impairs the beneficiary's ability to | ||||||
| 4 | provide for his or her own care or custody and that | ||||||
| 5 | constitutes a substantial disability handicap, | ||||||
| 6 | whether or not the beneficiary has been | ||||||
| 7 | adjudicated a "person with a disability" disabled | ||||||
| 8 | person". | ||||||
| 9 | "Governmental benefits" means financial aid or | ||||||
| 10 | services from any State, Federal, or other public | ||||||
| 11 | agency. | ||||||
| 12 | "Supplemental needs second trust" means a | ||||||
| 13 | trust that complies with paragraph (iii) of this | ||||||
| 14 | paragraph (4) and that relative to the first trust | ||||||
| 15 | contains either lesser or greater restrictions on | ||||||
| 16 | the trustee's power to distribute trust income or | ||||||
| 17 | principal and which the trustee believes would, if | ||||||
| 18 | implemented, allow the beneficiary who has a | ||||||
| 19 | disability disabled beneficiary to receive a | ||||||
| 20 | greater degree of governmental benefits than the | ||||||
| 21 | beneficiary who has a disability disabled | ||||||
| 22 | beneficiary will receive if no distribution is | ||||||
| 23 | made. | ||||||
| 24 | (iii) Remainder beneficiaries. A supplemental | ||||||
| 25 | needs second trust may name remainder and successor | ||||||
| 26 | beneficiaries other than the disabled beneficiary's | ||||||
| |||||||
| |||||||
| 1 | estate of the beneficiary with a disability, provided | ||||||
| 2 | that the second trust names the same presumptive | ||||||
| 3 | remainder beneficiaries and successor beneficiaries to | ||||||
| 4 | the disabled beneficiary's interest of the beneficiary | ||||||
| 5 | who has a disability, and in the same proportions, as | ||||||
| 6 | exist in the first trust. In addition to the foregoing, | ||||||
| 7 | where the first trust was created by the beneficiary | ||||||
| 8 | who has a disability disabled beneficiary or the trust | ||||||
| 9 | property has been distributed directly to or is | ||||||
| 10 | otherwise under the control of the beneficiary who has | ||||||
| 11 | a disability disabled beneficiary, the authorized | ||||||
| 12 | trustee may distribute to a "pooled trust" as defined | ||||||
| 13 | by federal Medicaid law for the benefit of the | ||||||
| 14 | beneficiary who has a disability disabled beneficiary | ||||||
| 15 | or the supplemental needs second trust must contain pay | ||||||
| 16 | back provisions complying with Medicaid reimbursement | ||||||
| 17 | requirements of federal law. | ||||||
| 18 | (iv) Reimbursement. A supplemental needs second | ||||||
| 19 | trust shall not be liable to pay or reimburse the State | ||||||
| 20 | or any public agency for financial aid or services to | ||||||
| 21 | the beneficiary who has a disability disabled | ||||||
| 22 | beneficiary except as provided in the supplemental | ||||||
| 23 | needs second trust. | ||||||
| 24 | (e) Notice. An authorized trustee may exercise the power to | ||||||
| 25 | distribute in favor of a second trust under subsections (c) and | ||||||
| 26 | (d) without the consent of the settlor or the beneficiaries of | ||||||
| |||||||
| |||||||
| 1 | the first trust and without court approval if: | ||||||
| 2 | (1) there are one or more legally competent current | ||||||
| 3 | beneficiaries and one or more legally competent | ||||||
| 4 | presumptive remainder beneficiaries and the authorized | ||||||
| 5 | trustee sends written notice of the trustee's decision, | ||||||
| 6 | specifying the manner in which the trustee intends to | ||||||
| 7 | exercise the power and the prospective effective date for | ||||||
| 8 | the distribution, to all of the legally competent current | ||||||
| 9 | beneficiaries and presumptive remainder beneficiaries, | ||||||
| 10 | determined as of the date the notice is sent and assuming | ||||||
| 11 | non-exercise of all powers of appointment; and | ||||||
| 12 | (2) no beneficiary to whom notice was sent objects to | ||||||
| 13 | the distribution in writing delivered to the trustee within | ||||||
| 14 | 60 days after the notice is sent ("notice period"). | ||||||
| 15 | A trustee is not required to provide a copy of the notice | ||||||
| 16 | to a beneficiary who is known to the trustee but who cannot be | ||||||
| 17 | located by the trustee after reasonable diligence or who is not | ||||||
| 18 | known to the trustee. | ||||||
| 19 | If a charity is a current beneficiary or presumptive | ||||||
| 20 | remainder beneficiary of the trust, the notice shall also be | ||||||
| 21 | given to the Attorney General's Charitable Trust Bureau. | ||||||
| 22 | (f) Court involvement. | ||||||
| 23 | (1) The trustee may for any reason elect to petition | ||||||
| 24 | the court to order the distribution, including, without | ||||||
| 25 | limitation, the reason that the trustee's exercise of the | ||||||
| 26 | power to distribute under this Section is unavailable, such | ||||||
| |||||||
| |||||||
| 1 | as: | ||||||
| 2 | (a) a beneficiary timely objects to the | ||||||
| 3 | distribution in a writing delivered to the trustee | ||||||
| 4 | within the time period specified in the notice; or | ||||||
| 5 | (b) there are no legally competent current | ||||||
| 6 | beneficiaries or legally competent presumptive | ||||||
| 7 | remainder beneficiaries. | ||||||
| 8 | (2) If the trustee receives a written objection within | ||||||
| 9 | the notice period, either the trustee or the beneficiary | ||||||
| 10 | may petition the court to approve, modify, or deny the | ||||||
| 11 | exercise of the trustee's powers. The trustee has the | ||||||
| 12 | burden of proving the proposed exercise of the power | ||||||
| 13 | furthers the purposes of the trust. | ||||||
| 14 | (3) In a judicial proceeding under this subsection (f), | ||||||
| 15 | the trustee may, but need not, present the trustee's | ||||||
| 16 | opinions and reasons for supporting or opposing the | ||||||
| 17 | proposed distribution, including whether the trustee | ||||||
| 18 | believes it would enable the trustee to better carry out | ||||||
| 19 | the purposes of the trust. A trustee's actions in | ||||||
| 20 | accordance with this Section shall not be deemed improper | ||||||
| 21 | or inconsistent with the trustee's duty of impartiality | ||||||
| 22 | unless the court finds from all the evidence that the | ||||||
| 23 | trustee acted in bad faith. | ||||||
| 24 | (g) Term of the second trust. The second trust to which an | ||||||
| 25 | authorized trustee distributes the assets of the first trust | ||||||
| 26 | may have a term that is longer than the term set forth in the | ||||||
| |||||||
| |||||||
| 1 | first trust, including, but not limited to, a term measured by | ||||||
| 2 | the lifetime of a current beneficiary; provided, however, that | ||||||
| 3 | the second trust shall be limited to the same permissible | ||||||
| 4 | period of the rule against perpetuities that applied to the | ||||||
| 5 | first trust, unless the first trust expressly permits the | ||||||
| 6 | trustee to extend or lengthen its perpetuities period. | ||||||
| 7 | (h) Divided discretion. If an authorized trustee has | ||||||
| 8 | absolute discretion to distribute the principal of a trust and | ||||||
| 9 | the same trustee or another trustee has the power to distribute | ||||||
| 10 | principal under the trust instrument which power is not | ||||||
| 11 | absolute discretion, such authorized trustee having absolute | ||||||
| 12 | discretion may exercise the power to distribute under | ||||||
| 13 | subsection (c). | ||||||
| 14 | (i) Later discovered assets. To the extent the authorized | ||||||
| 15 | trustee does not provide otherwise: | ||||||
| 16 | (1) The distribution of all of the assets comprising | ||||||
| 17 | the principal of the first trust in favor of a second trust | ||||||
| 18 | shall be deemed to include subsequently discovered assets | ||||||
| 19 | otherwise belonging to the first trust and undistributed | ||||||
| 20 | principal paid to or acquired by the first trust subsequent | ||||||
| 21 | to the distribution in favor of the second trust. | ||||||
| 22 | (2) The distribution of part but not all of the assets | ||||||
| 23 | comprising the principal of the first trust in favor of a | ||||||
| 24 | second trust shall not include subsequently discovered | ||||||
| 25 | assets belonging to the first trust and principal paid to | ||||||
| 26 | or acquired by the first trust subsequent to the | ||||||
| |||||||
| |||||||
| 1 | distribution in favor of a second trust; such assets shall | ||||||
| 2 | remain the assets of the first trust. | ||||||
| 3 | (j) Other authority to distribute in further trust. This | ||||||
| 4 | Section shall not be construed to abridge the right of any | ||||||
| 5 | trustee to distribute property in further trust that arises | ||||||
| 6 | under the terms of the governing instrument of a trust, any | ||||||
| 7 | provision of applicable law, or a court order. In addition, | ||||||
| 8 | distribution of trust principal to a second trust may be made | ||||||
| 9 | by agreement between a trustee and all primary beneficiaries of | ||||||
| 10 | a first trust, acting either individually or by their | ||||||
| 11 | respective representatives in accordance with Section 16.1 of | ||||||
| 12 | this Act. | ||||||
| 13 | (k) Need to distribute not required. An authorized trustee | ||||||
| 14 | may exercise the power to distribute in favor of a second trust | ||||||
| 15 | under subsections (c) and (d) whether or not there is a current | ||||||
| 16 | need to distribute principal under the terms of the first | ||||||
| 17 | trust. | ||||||
| 18 | (l) No duty to distribute. Nothing in this Section is | ||||||
| 19 | intended to create or imply a duty to exercise a power to | ||||||
| 20 | distribute principal, and no inference of impropriety shall be | ||||||
| 21 | made as a result of an authorized trustee not exercising the | ||||||
| 22 | power conferred under subsection (c) or (d). Notwithstanding | ||||||
| 23 | any other provision of this Section, a trustee has no duty to | ||||||
| 24 | inform beneficiaries about the availability of this Section and | ||||||
| 25 | no duty to review the trust to determine whether any action | ||||||
| 26 | should be taken under this Section. | ||||||
| |||||||
| |||||||
| 1 | (m) Express prohibition. A power authorized by subsection | ||||||
| 2 | (c) or (d) may not be exercised if expressly prohibited by the | ||||||
| 3 | terms of the governing instrument, but a general prohibition of | ||||||
| 4 | the amendment or revocation of the first trust or a provision | ||||||
| 5 | that constitutes a spendthrift clause shall not preclude the | ||||||
| 6 | exercise of a power under subsection (c) or (d). | ||||||
| 7 | (n) Restrictions. An authorized trustee may not exercise a | ||||||
| 8 | power authorized by subsection (c) or (d) to affect any of the | ||||||
| 9 | following: | ||||||
| 10 | (1) to reduce, limit or modify any beneficiary's | ||||||
| 11 | current right to a mandatory distribution of income or | ||||||
| 12 | principal, a mandatory annuity or unitrust interest, a | ||||||
| 13 | right to withdraw a percentage of the value of the trust or | ||||||
| 14 | a right to withdraw a specified dollar amount provided that | ||||||
| 15 | such mandatory right has come into effect with respect to | ||||||
| 16 | the beneficiary, except with respect to a second trust | ||||||
| 17 | which is a supplemental needs trust; | ||||||
| 18 | (2) to decrease or indemnify against a trustee's | ||||||
| 19 | liability or exonerate a trustee from liability for failure | ||||||
| 20 | to exercise reasonable care, diligence, and prudence; | ||||||
| 21 | except to indemnify or exonerate one party from liability | ||||||
| 22 | for actions of another party with respect to distribution | ||||||
| 23 | that unbundles the governance structure of a trust to | ||||||
| 24 | divide and separate fiduciary and nonfiduciary | ||||||
| 25 | responsibilities among several parties, including without | ||||||
| 26 | limitation one or more trustees, distribution advisors, | ||||||
| |||||||
| |||||||
| 1 | investment advisors, trust protectors, or other parties, | ||||||
| 2 | provided however that such modified governance structure | ||||||
| 3 | may reallocate fiduciary responsibilities from one party | ||||||
| 4 | to another but may not reduce them; | ||||||
| 5 | (3) to eliminate a provision granting another person | ||||||
| 6 | the right to remove or replace the authorized trustee | ||||||
| 7 | exercising the power under subsection (c) or (d); provided, | ||||||
| 8 | however, such person's right to remove or replace the | ||||||
| 9 | authorized trustee may be eliminated if a separate | ||||||
| 10 | independent, non-subservient individual or entity, such as | ||||||
| 11 | a trust protector, acting in a nonfiduciary capacity has | ||||||
| 12 | the right to remove or replace the authorized trustee; | ||||||
| 13 | (4) to reduce, limit or modify the perpetuities | ||||||
| 14 | provision specified in the first trust in the second trust, | ||||||
| 15 | unless the first trust expressly permits the trustee to do | ||||||
| 16 | so. | ||||||
| 17 | (o) Exception. Notwithstanding the provisions of paragraph | ||||||
| 18 | (1) of subsection (n) but subject to the other limitations in | ||||||
| 19 | this Section, an authorized trustee may exercise a power | ||||||
| 20 | authorized by subsection (c) or (d) to distribute to a second | ||||||
| 21 | trust; provided, however, that the exercise of such power does | ||||||
| 22 | not subject the second trust to claims of reimbursement by any | ||||||
| 23 | private or governmental body and does not at any time interfere | ||||||
| 24 | with, reduce the amount of, or jeopardize an individual's | ||||||
| 25 | entitlement to government benefits. | ||||||
| 26 | (p) Tax limitations. If any contribution to the first trust | ||||||
| |||||||
| |||||||
| 1 | qualified for the annual exclusion under Section 2503(b) of the | ||||||
| 2 | Code, the marital deduction under Section 2056(a) or 2523(a) of | ||||||
| 3 | the Code, or the charitable deduction under Section 170(a), | ||||||
| 4 | 642(c), 2055(a) or 2522(a) of the Code, is a direct skip | ||||||
| 5 | qualifying for treatment under Section 2642(c) of the Code, or | ||||||
| 6 | qualified for any other specific tax benefit that would be lost | ||||||
| 7 | by the existence of the authorized trustee's authority under | ||||||
| 8 | subsection (c) or (d) for income, gift, estate, or | ||||||
| 9 | generation-skipping transfer tax purposes under the Code, then | ||||||
| 10 | the authorized trustee shall not have the power to distribute | ||||||
| 11 | the principal of a trust pursuant to subsection (c) or (d) in a | ||||||
| 12 | manner that would prevent the contribution to the first trust | ||||||
| 13 | from qualifying for or would reduce the exclusion, deduction, | ||||||
| 14 | or other tax benefit that was originally claimed with respect | ||||||
| 15 | to that contribution. | ||||||
| 16 | (1) Notwithstanding the provisions of this subsection | ||||||
| 17 | (p), the authorized trustee may exercise the power to pay | ||||||
| 18 | the first trust to a trust as to which the settlor of the | ||||||
| 19 | first trust is not considered the owner under Subpart E of | ||||||
| 20 | Part I of Subchapter J of Chapter 1 of Subtitle A of the | ||||||
| 21 | Code even if the settlor is considered such owner of the | ||||||
| 22 | first trust. Nothing in this Section shall be construed as | ||||||
| 23 | preventing the authorized trustee from distributing part | ||||||
| 24 | or all of the first trust to a second trust that is a trust | ||||||
| 25 | as to which the settlor of the first trust is considered | ||||||
| 26 | the owner under Subpart E of Part I of Subchapter J of | ||||||
| |||||||
| |||||||
| 1 | Chapter 1 of Subtitle A of the Code. | ||||||
| 2 | (2) During any period when the first trust owns | ||||||
| 3 | subchapter S corporation stock, an authorized trustee may | ||||||
| 4 | not exercise a power authorized by paragraph (c) or (d) to | ||||||
| 5 | distribute part or all of the S corporation stock to a | ||||||
| 6 | second trust that is not a permitted shareholder under | ||||||
| 7 | Section 1361(c)(2) of the Code. | ||||||
| 8 | (3) During any period when the first trust owns an | ||||||
| 9 | interest in property subject to the minimum distribution | ||||||
| 10 | rules of Section 401(a)(9) of the Code, an authorized | ||||||
| 11 | trustee may not exercise a power authorized by subsection | ||||||
| 12 | (c) or (d) to distribute part or all of the interest in | ||||||
| 13 | such property to a second trust that would result in the | ||||||
| 14 | shortening of the minimum distribution period to which the | ||||||
| 15 | property is subject in the first trust. | ||||||
| 16 | (q) Limits on compensation of trustee. | ||||||
| 17 | (1) Unless the court upon application of the trustee | ||||||
| 18 | directs otherwise, an authorized trustee may not exercise a | ||||||
| 19 | power authorized by subsection (c) or (d) solely to change | ||||||
| 20 | the provisions regarding the determination of the | ||||||
| 21 | compensation of any trustee; provided, however, an | ||||||
| 22 | authorized trustee may exercise the power authorized in | ||||||
| 23 | subsection (c) or (d) in conjunction with other valid and | ||||||
| 24 | reasonable purposes to bring the trustee's compensation | ||||||
| 25 | into accord with reasonable limits in accord with Illinois | ||||||
| 26 | law in effect at the time of the exercise. | ||||||
| |||||||
| |||||||
| 1 | (2) The compensation payable to the trustee or trustees | ||||||
| 2 | of the first trust may continue to be paid to the trustees | ||||||
| 3 | of the second trust during the terms of the second trust | ||||||
| 4 | and may be determined in the same manner as otherwise would | ||||||
| 5 | have applied in the first trust; provided, however, that no | ||||||
| 6 | trustee shall receive any commission or other compensation | ||||||
| 7 | imposed upon assets distributed due to the distribution of | ||||||
| 8 | property from the first trust to a second trust pursuant to | ||||||
| 9 | subsection (c) or (d). | ||||||
| 10 | (r) Written instrument. The exercise of a power to | ||||||
| 11 | distribute principal under subsection (c) or (d) must be made | ||||||
| 12 | by an instrument in writing, signed and acknowledged by the | ||||||
| 13 | trustee, and filed with the records of the first trust and the | ||||||
| 14 | second trust. | ||||||
| 15 | (s) Terms of second trust. Any reference to the governing | ||||||
| 16 | instrument or terms of the governing instrument in this Act | ||||||
| 17 | includes the terms of a second trust established in accordance | ||||||
| 18 | with this Section. | ||||||
| 19 | (t) Settlor. The settlor of a first trust is considered for | ||||||
| 20 | all purposes to be the settlor of any second trust established | ||||||
| 21 | in accordance with this Section. If the settlor of a first | ||||||
| 22 | trust is not also the settlor of a second trust, then the | ||||||
| 23 | settlor of the first trust shall be considered the settlor of | ||||||
| 24 | the second trust, but only with respect to the portion of | ||||||
| 25 | second trust distributed from the first trust in accordance | ||||||
| 26 | with this Section. | ||||||
| |||||||
| |||||||
| 1 | (u) Remedies. A trustee who reasonably and in good faith | ||||||
| 2 | takes or omits to take any action under this Section is not | ||||||
| 3 | liable to any person interested in the trust. An act or | ||||||
| 4 | omission by a trustee under this Section is presumed taken or | ||||||
| 5 | omitted reasonably and in good faith unless it is determined by | ||||||
| 6 | the court to have been an abuse of discretion. If a trustee | ||||||
| 7 | reasonably and in good faith takes or omits to take any action | ||||||
| 8 | under this Section and a person interested in the trust opposes | ||||||
| 9 | the act or omission, the person's exclusive remedy is to obtain | ||||||
| 10 | an order of the court directing the trustee to exercise | ||||||
| 11 | authority in accordance with this Section in such manner as the | ||||||
| 12 | court determines necessary or helpful for the proper | ||||||
| 13 | functioning of the trust, including without limitation | ||||||
| 14 | prospectively to modify or reverse a prior exercise of such | ||||||
| 15 | authority. Any claim by any person interested in the trust that | ||||||
| 16 | an act or omission by a trustee under this Section was an abuse | ||||||
| 17 | of discretion is barred if not asserted in a proceeding | ||||||
| 18 | commenced by or on behalf of the person within 2 years after | ||||||
| 19 | the trustee has sent to the person or the person's personal | ||||||
| 20 | representative a notice or report in writing sufficiently | ||||||
| 21 | disclosing facts fundamental to the claim such that the person | ||||||
| 22 | knew or reasonably should have known of the claim. Except for a | ||||||
| 23 | distribution of trust principal from a first trust to a second | ||||||
| 24 | trust made by agreement in accordance with Section 16.1 of this | ||||||
| 25 | Act, the preceding sentence shall not apply to a person who was | ||||||
| 26 | under a legal disability at the time the notice or report was | ||||||
| |||||||
| |||||||
| 1 | sent and who then had no personal representative. For purposes | ||||||
| 2 | of this subsection (u), a personal representative refers to a | ||||||
| 3 | court appointed guardian or conservator of the estate of a | ||||||
| 4 | person. | ||||||
| 5 | (v) Application. This Section is available to trusts in | ||||||
| 6 | existence on the effective date of this amendatory Act of the | ||||||
| 7 | 97th General Assembly or created on or after the effective date | ||||||
| 8 | of this amendatory Act of the 97th General Assembly. This | ||||||
| 9 | Section shall be construed as pertaining to the administration | ||||||
| 10 | of a trust and shall be available to any trust that is | ||||||
| 11 | administered in Illinois under Illinois law or that is governed | ||||||
| 12 | by Illinois law with respect to the meaning and effect of its | ||||||
| 13 | terms, including a trust whose governing law has been changed | ||||||
| 14 | to the laws of this State, unless the governing instrument | ||||||
| 15 | expressly prohibits use of this Section by specific reference | ||||||
| 16 | to this Section. A provision in the governing instrument in the | ||||||
| 17 | form: "Neither the provisions of Section 16.4 of the Trusts and | ||||||
| 18 | Trustees Act nor any corresponding provision of future law may | ||||||
| 19 | be used in the administration of this trust" or a similar | ||||||
| 20 | provision demonstrating that intent is sufficient to preclude | ||||||
| 21 | the use of this Section.
| ||||||
| 22 | (Source: P.A. 97-920, eff. 1-1-13.)
| ||||||
| 23 | Section 975. The Illinois Uniform Transfers to Minors Act | ||||||
| 24 | is amended by changing Section 19 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (760 ILCS 20/19) (from Ch. 110 1/2, par. 269)
| ||||||
| 2 | Sec. 19.
Renunciation, Resignation, Death, or Removal of | ||||||
| 3 | Custodian;
Designation of Successor Custodian. (a) A person | ||||||
| 4 | nominated under Section 4
or designated under
Section 6 or | ||||||
| 5 | Section 10 as custodian may decline to serve by delivering a | ||||||
| 6 | valid
disclaimer
to the person who made the nomination or | ||||||
| 7 | designation or to the transferor
or the transferor's | ||||||
| 8 | representative. If the event giving rise to a
transfer has not | ||||||
| 9 | occurred and no substitute custodian able, willing, and
| ||||||
| 10 | eligible to serve was nominated under Section 4, the person who | ||||||
| 11 | made the
nomination or designation may nominate a substitute | ||||||
| 12 | custodian; otherwise
the transferor or the transferor's | ||||||
| 13 | representative shall designate a
substitute custodian at the | ||||||
| 14 | time of the transfer in either case from among
the persons | ||||||
| 15 | eligible to serve as custodian for that kind of property under
| ||||||
| 16 | Section 10(a). The custodian so designated has the rights of a | ||||||
| 17 | successor
custodian.
| ||||||
| 18 | (b) At any time or times a transferor or his representative | ||||||
| 19 | may
designate an adult or a trust company as successor | ||||||
| 20 | custodian, single or
successive, by executing and dating an | ||||||
| 21 | instrument of designation and
delivering it to the custodian or | ||||||
| 22 | if he is deceased or is a person with a disability disabled to | ||||||
| 23 | his representative.
A custodian at any time when a vacancy | ||||||
| 24 | would otherwise occur may
designate a trust company or an adult | ||||||
| 25 | as successor custodian by executing
and dating an instrument of | ||||||
| 26 | designation. If an instrument of designation
does not contain | ||||||
| |||||||
| |||||||
| 1 | or
is not accompanied by the resignation of the custodian, the | ||||||
| 2 | designation of
the successor does not take effect until the | ||||||
| 3 | custodian resigns, dies,
becomes a person with a disability | ||||||
| 4 | disabled, or is removed.
If a transferor or a custodian has | ||||||
| 5 | executed more than one instrument of
designation, the | ||||||
| 6 | instrument dated on the earlier date shall be treated as
| ||||||
| 7 | revoked by the instrument dated on the later date; however, a | ||||||
| 8 | designation by a
transferor or his representative shall not be | ||||||
| 9 | revoked by a custodian. A
successor custodian has all the | ||||||
| 10 | powers, duties and immunities of a
custodian designated in a | ||||||
| 11 | manner prescribed by this Act.
| ||||||
| 12 | (c) A custodian may resign at any time by delivering | ||||||
| 13 | written notice to
the minor if the minor has attained the age | ||||||
| 14 | of 14 years and to the
successor custodian and by delivering | ||||||
| 15 | the custodial property to the successor
custodian.
| ||||||
| 16 | (d) If a custodian is ineligible, dies, or becomes a person | ||||||
| 17 | with a disability disabled and no
successor has been | ||||||
| 18 | effectively designated and the minor has attained the
age of 14 | ||||||
| 19 | years, the minor may designate as successor custodian, in the
| ||||||
| 20 | manner prescribed in subsection (b), an adult member of the | ||||||
| 21 | minor's family,
a guardian of the minor, or a trust company. If | ||||||
| 22 | the minor has not
attained the age of 14 years or fails to act | ||||||
| 23 | within 60 days after the
ineligibility, death, or incapacity, | ||||||
| 24 | the guardian of the minor becomes
successor custodian. If the | ||||||
| 25 | minor has no guardian or
the guardian
declines to act, the | ||||||
| 26 | transferor, the representative of the transferor
or of the | ||||||
| |||||||
| |||||||
| 1 | custodian, an adult member of the minor's family, or any other
| ||||||
| 2 | interested person may petition the court to designate a | ||||||
| 3 | successor custodian.
| ||||||
| 4 | (e) A custodian who declines to serve under subsection (a) | ||||||
| 5 | or resigns
under subsection (c), or the representative of a | ||||||
| 6 | deceased custodian or a custodian with a disability or
disabled | ||||||
| 7 | custodian, as soon as practicable, shall put the custodial
| ||||||
| 8 | property and records in the possession and control of the | ||||||
| 9 | successor
custodian. The successor custodian by action may | ||||||
| 10 | enforce the obligations
to deliver custodial property and | ||||||
| 11 | records and becomes responsible for each
item as received.
| ||||||
| 12 | (f) A transferor, the representative of a transferor, an | ||||||
| 13 | adult
member of the minor's family, a guardian of the person of | ||||||
| 14 | the minor, the
guardian of the minor, or the minor if the minor | ||||||
| 15 | has
attained the age of
14 years may petition the court to | ||||||
| 16 | remove the custodian for cause and to
designate a successor | ||||||
| 17 | custodian not inconsistent with an effective
designation or
to | ||||||
| 18 | require the custodian to give appropriate bond.
| ||||||
| 19 | (Source: P.A. 84-1129.)
| ||||||
| 20 | Section 980. The Charitable Trust Act is amended by | ||||||
| 21 | changing Section 7.5 as follows:
| ||||||
| 22 | (760 ILCS 55/7.5)
| ||||||
| 23 | Sec. 7.5.
Charitable trust for the benefit of a minor or | ||||||
| 24 | person with a disability disabled person;
report.
| ||||||
| |||||||
| |||||||
| 1 | (a) In the case of a charitable trust established for the | ||||||
| 2 | benefit of a minor
or person with a disability disabled person,
| ||||||
| 3 | the person or trustee responsible
for the trust, if not the | ||||||
| 4 | guardian or parent,
shall report its existence by certified or | ||||||
| 5 | registered United States mail to the
parent or
guardian of the | ||||||
| 6 | minor or person with a disability disabled person within 30 | ||||||
| 7 | days after formation of the
trust and every 6
months
| ||||||
| 8 | thereafter. The written report shall include the name and | ||||||
| 9 | address of the
trustee or trustees
responsible for the trust, | ||||||
| 10 | the name and address of the financial institution at
which | ||||||
| 11 | funds
for the trust are held, the amount of funds raised for | ||||||
| 12 | the trust, and an
itemized list of
expenses for administration | ||||||
| 13 | of the trust.
| ||||||
| 14 | The guardian of the estate of the minor or person with a | ||||||
| 15 | disability disabled person shall report the
existence of the | ||||||
| 16 | trust as part of the ward's estate to the court that appointed
| ||||||
| 17 | the guardian
as part of its responsibility to manage the ward's | ||||||
| 18 | estate as established under
Section 11-13 of the Probate Act of | ||||||
| 19 | 1975. Compliance with this Section
in no way
affects other | ||||||
| 20 | requirements for trustee registration and reporting under this
| ||||||
| 21 | Act or any accountings or authorizations required by the court | ||||||
| 22 | handling the
ward's estate.
| ||||||
| 23 | (b) If a person or trustee fails to report the existence of | ||||||
| 24 | the trust to the
minor's or disabled person's
parent or | ||||||
| 25 | guardian or to the parent or guardian of the person with a | ||||||
| 26 | disability as required in this Section, the person or trustee | ||||||
| |||||||
| |||||||
| 1 | is
subject to
injunction, to removal, to account, and to other | ||||||
| 2 | appropriate relief before a
court of
competent jurisdiction | ||||||
| 3 | exercising chancery jurisdiction.
| ||||||
| 4 | (c) For the purpose of this Section, a charitable trust for | ||||||
| 5 | the benefit of
a minor or person with a disability disabled | ||||||
| 6 | person is a
trust, including a special needs trust, that | ||||||
| 7 | receives funds solicited from the
public under representations | ||||||
| 8 | that such will (i) benefit a needy minor or
person with a | ||||||
| 9 | disability disabled person, (ii) pay the medical or living | ||||||
| 10 | expenses of the minor or
person with a disability disabled | ||||||
| 11 | person, or (iii) be used to assist in family expenses of the | ||||||
| 12 | minor or
person with a disability disabled person.
| ||||||
| 13 | (d) Each and every trustee of a charitable trust for the | ||||||
| 14 | benefit of a minor
or person with a disability disabled person | ||||||
| 15 | must register under this Act and in addition must file an
| ||||||
| 16 | annual report as required by Section 7 of this Act.
| ||||||
| 17 | (Source: P.A. 91-620, eff. 8-19-99.)
| ||||||
| 18 | Section 985. The Real Estate Timeshare Act of 1999 is | ||||||
| 19 | amended by changing Section 1-25 as follows:
| ||||||
| 20 | (765 ILCS 101/1-25)
| ||||||
| 21 | Sec. 1-25. Local powers; construction.
| ||||||
| 22 | (a) Except as specifically provided in this Section, the | ||||||
| 23 | regulation of
timeshare
plans and exchange programs is an | ||||||
| 24 | exclusive power and function of the State. A
unit of
local | ||||||
| |||||||
| |||||||
| 1 | government, including a home rule unit, may not regulate | ||||||
| 2 | timeshare plans
and
exchange programs. This subsection is a | ||||||
| 3 | denial and limitation of home rule
powers and
functions under | ||||||
| 4 | subsection (h) of Section 6 of Article VII of the Illinois
| ||||||
| 5 | Constitution.
| ||||||
| 6 | (b) Notwithstanding subsection (a), no provision of this | ||||||
| 7 | Act invalidates or
modifies any provision of any zoning, | ||||||
| 8 | subdivision, or building code or other
real estate
use law, | ||||||
| 9 | ordinance, or regulation.
| ||||||
| 10 | Further, nothing in this Act shall be construed to affect | ||||||
| 11 | or impair the
validity of
Section 11-11.1-1 of the Illinois | ||||||
| 12 | Municipal Code or to deny to the corporate
authorities of
any | ||||||
| 13 | municipality the powers granted in that Code to enact | ||||||
| 14 | ordinances (i)
prescribing fair
housing practices, (ii) | ||||||
| 15 | defining unfair housing practices, (iii) establishing
fair | ||||||
| 16 | housing or
human relations commissions and standards for the | ||||||
| 17 | operation of such commissions
in the
administration and | ||||||
| 18 | enforcement of such ordinances, (iv) prohibiting
| ||||||
| 19 | discrimination based
on age, ancestry, color, creed, mental or | ||||||
| 20 | physical disability handicap, national origin,
race, religion,
| ||||||
| 21 | or sex in the listing, sale, assignment, exchange, transfer, | ||||||
| 22 | lease, rental, or
financing of
real property for the purpose of | ||||||
| 23 | the residential occupancy thereof, and (v)
prescribing
| ||||||
| 24 | penalties for violations of such ordinances.
| ||||||
| 25 | (Source: P.A. 91-585, eff. 1-1-00.)
| ||||||
| |||||||
| |||||||
| 1 | Section 990. The Condominium Property Act is amended by | ||||||
| 2 | changing Section 18.4 as follows:
| ||||||
| 3 | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
| ||||||
| 4 | Sec. 18.4. Powers and duties of board of managers. The | ||||||
| 5 | board of
managers shall exercise for the association all | ||||||
| 6 | powers, duties and
authority vested in the association by law | ||||||
| 7 | or the condominium instruments
except for such powers, duties | ||||||
| 8 | and authority reserved by law to the members
of the | ||||||
| 9 | association. The powers and duties of the board of managers | ||||||
| 10 | shall
include, but shall not be limited to, the following:
| ||||||
| 11 | (a) To provide for the operation, care, upkeep, | ||||||
| 12 | maintenance,
replacement and improvement of the common | ||||||
| 13 | elements. Nothing
in
this subsection (a) shall be deemed to | ||||||
| 14 | invalidate any provision in a
condominium instrument | ||||||
| 15 | placing limits on expenditures for the common elements, | ||||||
| 16 | provided, that such
limits shall not be applicable to | ||||||
| 17 | expenditures for repair, replacement, or
restoration of | ||||||
| 18 | existing portions of the common elements. The
term "repair, | ||||||
| 19 | replacement or restoration" means expenditures to | ||||||
| 20 | deteriorated or
damaged portions of the property related to | ||||||
| 21 | the existing decorating,
facilities, or structural or | ||||||
| 22 | mechanical components, interior or exterior
surfaces, or | ||||||
| 23 | energy systems and equipment with the functional | ||||||
| 24 | equivalent of the
original portions of such areas. | ||||||
| 25 | Replacement of the common elements may
result in an | ||||||
| |||||||
| |||||||
| 1 | improvement over the original quality of such elements or
| ||||||
| 2 | facilities; provided that, unless the improvement is | ||||||
| 3 | mandated by law or is an
emergency as defined in item (iv) | ||||||
| 4 | of subparagraph (8) of paragraph (a) of
Section 18, if the | ||||||
| 5 | improvement results in a proposed expenditure
exceeding 5% | ||||||
| 6 | of the annual budget, the board of managers, upon written | ||||||
| 7 | petition
by unit owners with 20% of the votes of the | ||||||
| 8 | association delivered to the board
within 14 days of the | ||||||
| 9 | board action to approve the expenditure, shall call a
| ||||||
| 10 | meeting of the unit owners within 30 days of the date of | ||||||
| 11 | delivery of the
petition to consider the expenditure. | ||||||
| 12 | Unless a majority of the total votes of
the unit owners are | ||||||
| 13 | cast at the meeting to reject the expenditure, it is
| ||||||
| 14 | ratified.
| ||||||
| 15 | (b) To prepare, adopt and distribute the annual budget | ||||||
| 16 | for the property.
| ||||||
| 17 | (c) To levy and expend assessments.
| ||||||
| 18 | (d) To collect assessments from unit
owners.
| ||||||
| 19 | (e) To provide for the employment and dismissal of the | ||||||
| 20 | personnel
necessary or advisable for the maintenance and | ||||||
| 21 | operation of the common
elements.
| ||||||
| 22 | (f) To obtain adequate and appropriate kinds of
| ||||||
| 23 | insurance.
| ||||||
| 24 | (g) To own, convey, encumber, lease, and otherwise deal | ||||||
| 25 | with units
conveyed to or purchased by it.
| ||||||
| 26 | (h) To adopt and amend rules and regulations covering | ||||||
| |||||||
| |||||||
| 1 | the details of
the operation and use of the property, after | ||||||
| 2 | a meeting of the unit owners
called for the specific | ||||||
| 3 | purpose of discussing the proposed rules and
regulations. | ||||||
| 4 | Notice of the meeting shall contain the full text of the
| ||||||
| 5 | proposed rules and regulations, and the meeting shall | ||||||
| 6 | conform to the
requirements of Section 18(b) of this Act, | ||||||
| 7 | except that no quorum is
required at the meeting of the | ||||||
| 8 | unit owners unless the declaration, bylaws
or other | ||||||
| 9 | condominium instrument expressly provides to the contrary.
| ||||||
| 10 | However, no rule or regulation may impair any rights | ||||||
| 11 | guaranteed by the
First Amendment to the Constitution of | ||||||
| 12 | the United States or Section 4 of
Article I of the Illinois | ||||||
| 13 | Constitution including, but not limited to, the free | ||||||
| 14 | exercise of religion, nor may any rules or regulations
| ||||||
| 15 | conflict with the provisions of this Act or the condominium | ||||||
| 16 | instruments. No rule or regulation shall prohibit any | ||||||
| 17 | reasonable accommodation for religious practices, | ||||||
| 18 | including the attachment of religiously mandated objects | ||||||
| 19 | to the front-door area of a condominium unit.
| ||||||
| 20 | (i) To keep detailed, accurate records of the receipts | ||||||
| 21 | and
expenditures affecting the use and operation of the | ||||||
| 22 | property.
| ||||||
| 23 | (j) To have access to each unit from time to time as | ||||||
| 24 | may be necessary
for the maintenance, repair or replacement | ||||||
| 25 | of any common elements or for
making emergency repairs | ||||||
| 26 | necessary to prevent damage to the common elements
or to | ||||||
| |||||||
| |||||||
| 1 | other units.
| ||||||
| 2 | (k) To pay real property taxes, special assessments, | ||||||
| 3 | and any other
special taxes or charges of the State of | ||||||
| 4 | Illinois or of any political
subdivision thereof, or other | ||||||
| 5 | lawful taxing or assessing body, which are
authorized by | ||||||
| 6 | law to be assessed and levied upon the real property of the
| ||||||
| 7 | condominium.
| ||||||
| 8 | (l) To impose charges for late payment of a unit | ||||||
| 9 | owner's proportionate
share of the common expenses, or any | ||||||
| 10 | other expenses lawfully agreed upon,
and after notice and | ||||||
| 11 | an opportunity to be heard, to levy reasonable fines
for | ||||||
| 12 | violation of the declaration, by-laws, and rules and | ||||||
| 13 | regulations of
the association.
| ||||||
| 14 | (m) Unless the condominium instruments expressly | ||||||
| 15 | provide to the
contrary, by a majority vote of the entire | ||||||
| 16 | board of managers, to assign the
right of the association | ||||||
| 17 | to future income from common expenses or other
sources, and | ||||||
| 18 | to mortgage or pledge substantially all of the remaining
| ||||||
| 19 | assets of the association.
| ||||||
| 20 | (n) To record the dedication of a portion of the common | ||||||
| 21 | elements
to a public body for use as, or in connection | ||||||
| 22 | with, a street or utility
where authorized by the unit | ||||||
| 23 | owners under the provisions of Section 14.2.
| ||||||
| 24 | (o) To record the granting of an easement for the | ||||||
| 25 | laying of cable
television or high speed Internet cable | ||||||
| 26 | where authorized by the unit owners under the provisions
of | ||||||
| |||||||
| |||||||
| 1 | Section 14.3; to obtain, if available and determined by the | ||||||
| 2 | board to be in
the best interests of the association, cable | ||||||
| 3 | television
or bulk high speed Internet service for all of | ||||||
| 4 | the units of the condominium on a bulk
identical service | ||||||
| 5 | and equal cost per unit basis; and to assess and recover | ||||||
| 6 | the
expense as a common expense and, if so determined by | ||||||
| 7 | the board, to assess each
and every unit on the same equal | ||||||
| 8 | cost per unit basis.
| ||||||
| 9 | (p) To seek relief on behalf of all unit owners when | ||||||
| 10 | authorized
pursuant to subsection (c) of Section 10 from or | ||||||
| 11 | in connection with the
assessment or levying of real | ||||||
| 12 | property taxes, special assessments, and any
other special | ||||||
| 13 | taxes or charges of the State of Illinois or of any | ||||||
| 14 | political
subdivision thereof or of any lawful taxing or | ||||||
| 15 | assessing body.
| ||||||
| 16 | (q) To reasonably accommodate the needs of a unit owner | ||||||
| 17 | who is a person with a disability handicapped unit owner
as | ||||||
| 18 | required by the federal Civil Rights Act of 1968, the Human | ||||||
| 19 | Rights Act
and any applicable local ordinances in the | ||||||
| 20 | exercise of its powers with
respect to the use of common | ||||||
| 21 | elements or approval of modifications in an
individual | ||||||
| 22 | unit.
| ||||||
| 23 | (r) To accept service of a notice of claim for purposes | ||||||
| 24 | of the Mechanics Lien Act on behalf of each respective | ||||||
| 25 | member of the Unit Owners' Association with respect to | ||||||
| 26 | improvements performed pursuant to any contract entered | ||||||
| |||||||
| |||||||
| 1 | into by the Board of Managers or any contract entered into | ||||||
| 2 | prior to the recording of the condominium declaration | ||||||
| 3 | pursuant to this Act, for a property containing more than 8 | ||||||
| 4 | units, and to distribute the notice to the unit owners | ||||||
| 5 | within 7 days of the acceptance of the service by the Board | ||||||
| 6 | of Managers. The service shall be effective as if each | ||||||
| 7 | individual unit owner had been served individually with | ||||||
| 8 | notice.
| ||||||
| 9 | (s) To adopt and amend rules and regulations (l) | ||||||
| 10 | authorizing electronic delivery of notices and other | ||||||
| 11 | communications required or contemplated by this Act to each | ||||||
| 12 | unit owner who provides the association with written | ||||||
| 13 | authorization for electronic delivery and an electronic | ||||||
| 14 | address to which such communications are to be | ||||||
| 15 | electronically transmitted; and (2) authorizing each unit | ||||||
| 16 | owner to designate an electronic address or a U.S. Postal | ||||||
| 17 | Service address, or both, as the unit owner's address on | ||||||
| 18 | any list of members or unit owners which an association is | ||||||
| 19 | required to provide upon request pursuant to any provision | ||||||
| 20 | of this Act or any condominium instrument. | ||||||
| 21 | In the performance of their duties, the officers and | ||||||
| 22 | members of the board,
whether appointed by the developer or | ||||||
| 23 | elected by the unit owners, shall
exercise the care required of | ||||||
| 24 | a fiduciary of the unit owners.
| ||||||
| 25 | The collection of assessments from unit owners by an | ||||||
| 26 | association, board
of managers or their duly authorized agents | ||||||
| |||||||
| |||||||
| 1 | shall not be considered acts
constituting a collection agency | ||||||
| 2 | for purposes of the Collection Agency Act.
| ||||||
| 3 | The provisions of this Section are
applicable to all | ||||||
| 4 | condominium instruments recorded under this Act. Any
portion of | ||||||
| 5 | a condominium instrument which contains provisions contrary to
| ||||||
| 6 | these provisions shall be void as against public policy and | ||||||
| 7 | ineffective.
Any such instrument that fails to contain the | ||||||
| 8 | provisions required by this
Section shall be deemed to | ||||||
| 9 | incorporate such provisions by operation of law.
| ||||||
| 10 | (Source: P.A. 97-751, eff. 1-1-13; 98-735, eff. 1-1-15.)
| ||||||
| 11 | Section 995. The Notice of Prepayment of Federally | ||||||
| 12 | Subsidized Mortgage Act is amended by changing Section 4 as | ||||||
| 13 | follows:
| ||||||
| 14 | (765 ILCS 925/4) (from Ch. 67 1/2, par. 904)
| ||||||
| 15 | Sec. 4.
(a) An owner of subsidized housing shall provide to | ||||||
| 16 | the clerk
of the unit of local government and to IHDA notice of | ||||||
| 17 | the earliest date upon
which he may exercise prepayment of | ||||||
| 18 | mortgage. Such notice shall be delivered
at least 12 months | ||||||
| 19 | prior to the date upon which the owner may prepay the mortgage.
| ||||||
| 20 | The notice shall include the following information:
| ||||||
| 21 | (1) the name and address of the owner or managing agent of | ||||||
| 22 | the building;
| ||||||
| 23 | (2) the earliest date of allowed prepayment;
| ||||||
| 24 | (3) the number of subsidized housing units in the building | ||||||
| |||||||
| |||||||
| 1 | subject to
prepayment, and the number of subsidized housing | ||||||
| 2 | units occupied by persons
age 62 or older, or by persons with | ||||||
| 3 | disabilities disabled persons, and households with children;
| ||||||
| 4 | (4) the rental payment paid by each household occupying a | ||||||
| 5 | subsidized housing
unit, not including any federal subsidy | ||||||
| 6 | received by the owner for such subsidized
housing unit; and
| ||||||
| 7 | (5) the rent schedule for the subsidized housing units as | ||||||
| 8 | approved by HUD or FmHA.
| ||||||
| 9 | Such notice shall be available
to the public upon request.
| ||||||
| 10 | (b) Twelve months prior to the date upon which an owner may | ||||||
| 11 | exercise prepayment
of mortgage, the owner shall:
| ||||||
| 12 | (1) post a copy of such notice in a prominent location in | ||||||
| 13 | the affected
building and leave the notice posted during the | ||||||
| 14 | entire notice period, and
| ||||||
| 15 | (2) deliver, personally or by certified mail, copies of the | ||||||
| 16 | notice to
all tenants residing in the building.
| ||||||
| 17 | The owner shall provide a copy of the notice to all | ||||||
| 18 | prospective tenants.
Such notices shall be on forms prescribed | ||||||
| 19 | by IHDA.
| ||||||
| 20 | (Source: P.A. 85-1438.)
| ||||||
| 21 | Section 1000. The Illinois Human Rights Act is amended by | ||||||
| 22 | changing Section 3-104.1 as follows:
| ||||||
| 23 | (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
| ||||||
| 24 | Sec. 3-104.1. Refusal to sell or rent because a person has | ||||||
| |||||||
| |||||||
| 1 | a guide,
hearing or support dog. It is a civil rights violation | ||||||
| 2 | for the
owner or agent of any housing accommodation to:
| ||||||
| 3 | (A) refuse to sell or rent after the making of a bonafide | ||||||
| 4 | offer, or to
refuse to negotiate for the sale or rental of, or | ||||||
| 5 | otherwise make unavailable
or deny property to any blind or , | ||||||
| 6 | hearing impaired person or person with a physical disability or | ||||||
| 7 | physically
disabled person because he has a guide, hearing or | ||||||
| 8 | support dog; or
| ||||||
| 9 | (B) discriminate against any blind or , hearing impaired | ||||||
| 10 | person or person with a physical disability or physically
| ||||||
| 11 | disabled person in the terms, conditions, or privileges of sale | ||||||
| 12 | or
rental property, or in the provision of services or | ||||||
| 13 | facilities in connection
therewith, because he has a guide, | ||||||
| 14 | hearing or support dog; or
| ||||||
| 15 | (C) require, because a blind or , hearing impaired person | ||||||
| 16 | or person with a physical disability or physically
disabled | ||||||
| 17 | person has a guide, hearing or support dog,
an extra charge in | ||||||
| 18 | a lease, rental agreement, or contract of purchase or
sale, | ||||||
| 19 | other than for actual damage done to the premises by the dog.
| ||||||
| 20 | (Source: P.A. 95-668, eff. 10-10-07.)
| ||||||
| 21 | Section 1005. The Public Works Employment Discrimination | ||||||
| 22 | Act is amended by changing Sections 4 and 8 as follows:
| ||||||
| 23 | (775 ILCS 10/4) (from Ch. 29, par. 20)
| ||||||
| 24 | Sec. 4.
No contractor, subcontractor, nor any person on his
| ||||||
| |||||||
| |||||||
| 1 | or her behalf shall, in any manner, discriminate against or
| ||||||
| 2 | intimidate any employee hired for the performance of work for
| ||||||
| 3 | the benefit of the State or for any department, bureau, | ||||||
| 4 | commission,
board, other political subdivision or agency, | ||||||
| 5 | officer or agent
thereof, on account of race, color, creed, | ||||||
| 6 | sex, religion, physical
or mental disability handicap | ||||||
| 7 | unrelated to ability, or national origin; and
there may be | ||||||
| 8 | deducted from the amount payable to the contractor
by the State | ||||||
| 9 | of Illinois or by any municipal corporation thereof,
under this | ||||||
| 10 | contract, a penalty of five dollars for each person for
each | ||||||
| 11 | calendar day during which such person was discriminated against
| ||||||
| 12 | or intimidated in violation of the provisions of this Act.
| ||||||
| 13 | (Source: P.A. 80-336.)
| ||||||
| 14 | (775 ILCS 10/8) (from Ch. 29, par. 24)
| ||||||
| 15 | Sec. 8.
The invalidity or unconstitutionality of any one or | ||||||
| 16 | more
provisions, parts, or sections of this Act shall not be | ||||||
| 17 | held or construed
to invalidate the whole or any other | ||||||
| 18 | provision, part, or section thereof,
it being intended that | ||||||
| 19 | this Act shall be sustained and enforced to the
fullest extent | ||||||
| 20 | possible and that it shall be construed as liberally as
| ||||||
| 21 | possible to prevent refusals, denials, and discriminations of | ||||||
| 22 | and with
reference to the award of contracts and employment | ||||||
| 23 | thereunder, on the
ground of race, color, creed, sex, religion, | ||||||
| 24 | physical or mental
disability handicap unrelated to ability, or | ||||||
| 25 | national origin.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-336.)
| ||||||
| 2 | Section 1010. The Defense Contract Employment | ||||||
| 3 | Discrimination Act is amended by changing Sections 1, 3, and 7 | ||||||
| 4 | as follows:
| ||||||
| 5 | (775 ILCS 20/1) (from Ch. 29, par. 24a)
| ||||||
| 6 | Sec. 1.
In the construction of this act the public policy
| ||||||
| 7 | of the state of Illinois is hereby declared as follows: To
| ||||||
| 8 | facilitate the rearmament and defense program of the Federal
| ||||||
| 9 | government by the integration into the war defense industries
| ||||||
| 10 | of the state of Illinois all available types of labor, skilled,
| ||||||
| 11 | semi-skilled and common shall participate without | ||||||
| 12 | discrimination
as to race, color, creed, sex, religion, | ||||||
| 13 | physical or mental
disability handicap unrelated to ability, or | ||||||
| 14 | national origin whatsoever.
| ||||||
| 15 | (Source: P.A. 80-337.)
| ||||||
| 16 | (775 ILCS 20/3) (from Ch. 29, par. 24c)
| ||||||
| 17 | Sec. 3.
It shall be unlawful for any war defense | ||||||
| 18 | contractor,
its officers or agents or employees to discriminate | ||||||
| 19 | against any
citizen of the state of Illinois because of race, | ||||||
| 20 | color, creed,
sex, religion, physical or mental disability | ||||||
| 21 | handicap unrelated to ability,
or national origin in the hiring | ||||||
| 22 | of employees and training for
skilled or semi-skilled | ||||||
| 23 | employment, and every such discrimination
shall be deemed a | ||||||
| |||||||
| |||||||
| 1 | violation of this act.
| ||||||
| 2 | (Source: P.A. 80-337.)
| ||||||
| 3 | (775 ILCS 20/7) (from Ch. 29, par. 24g)
| ||||||
| 4 | Sec. 7.
Whereas, each day a national defense emergency | ||||||
| 5 | exists,
persons of health, ability and skill are hourly being | ||||||
| 6 | deprived of
training and employment solely because of | ||||||
| 7 | discrimination of color,
race, creed, sex, religion, physical | ||||||
| 8 | or mental disability handicap unrelated
to ability, or national | ||||||
| 9 | origin. The penalty set out in paragraph
6 shall be a separate | ||||||
| 10 | offense for each day and the offender shall
be fined for each | ||||||
| 11 | day's violation separately.
| ||||||
| 12 | (Source: P.A. 80-337.)
| ||||||
| 13 | Section 1015. The White Cane Law is amended by changing the | ||||||
| 14 | title of the Act and Sections 2, 3, 4, 5, and 6 as follows:
| ||||||
| 15 | (775 ILCS 30/Act title)
| ||||||
| 16 | An Act in relation to the rights of
persons who are blind | ||||||
| 17 | or who have other disabilities otherwise physically disabled.
| ||||||
| 18 | (775 ILCS 30/2) (from Ch. 23, par. 3362)
| ||||||
| 19 | Sec. 2.
It is the policy of this State to encourage and | ||||||
| 20 | enable persons who are blind, persons who have a visual | ||||||
| 21 | disability, and persons who have other physical disabilities | ||||||
| 22 | the blind,
the visually handicapped and the otherwise | ||||||
| |||||||
| |||||||
| 1 | physically disabled to
participate fully in the social and | ||||||
| 2 | economic life of the State and to
engage in remunerative | ||||||
| 3 | employment.
| ||||||
| 4 | (Source: P.A. 76-663.)
| ||||||
| 5 | (775 ILCS 30/3) (from Ch. 23, par. 3363)
| ||||||
| 6 | Sec. 3.
The blind, persons who have a visual disability the | ||||||
| 7 | visually handicapped, the hearing impaired, persons
who are | ||||||
| 8 | subject to epilepsy or other seizure disorders,
and persons who | ||||||
| 9 | have other physical disabilities the otherwise physically | ||||||
| 10 | disabled have the same right as the
able-bodied to the full and | ||||||
| 11 | free use of the streets, highways, sidewalks,
walkways, public | ||||||
| 12 | buildings, public facilities and other public places.
| ||||||
| 13 | The blind, persons who have a visual disability the | ||||||
| 14 | visually handicapped, the hearing impaired, persons who are
| ||||||
| 15 | subject to epilepsy or other seizure disorders, and persons who | ||||||
| 16 | have other physical disabilities the
otherwise physically | ||||||
| 17 | disabled are entitled to full and equal
accommodations, | ||||||
| 18 | advantages, facilities and privileges of all common
carriers, | ||||||
| 19 | airplanes, motor vehicles, railroad trains, motor buses, | ||||||
| 20 | street
cars, boats or any other public conveyances or modes of | ||||||
| 21 | transportation,
hotels, lodging places, places of public | ||||||
| 22 | accommodation, amusement or resort
and other places to which | ||||||
| 23 | the general public is invited, subject only to
the conditions | ||||||
| 24 | and limitations established by law and applicable alike to
all | ||||||
| 25 | persons.
| ||||||
| |||||||
| |||||||
| 1 | Every totally or partially blind or , hearing impaired | ||||||
| 2 | person, person who is subject
to epilepsy or other seizure | ||||||
| 3 | disorders, or person who has any other physical disability | ||||||
| 4 | otherwise
physically disabled person or a trainer of support | ||||||
| 5 | dogs, guide dogs,
seizure-alert dogs, seizure-response dogs, | ||||||
| 6 | or
hearing dogs shall
have the right to be accompanied by a
| ||||||
| 7 | support dog or guide dog especially trained for the purpose, or | ||||||
| 8 | a dog
that is being trained to be a support dog, guide dog, | ||||||
| 9 | seizure-alert dog,
seizure-response dog, or hearing dog, in any
| ||||||
| 10 | of the
places listed in this Section without being required to | ||||||
| 11 | pay an extra charge
for the guide, support, seizure-alert, | ||||||
| 12 | seizure-response, or hearing dog;
provided that he shall be | ||||||
| 13 | liable for
any damage done to the premises or facilities by | ||||||
| 14 | such dog.
| ||||||
| 15 | (Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
| ||||||
| 16 | (775 ILCS 30/4) (from Ch. 23, par. 3364)
| ||||||
| 17 | Sec. 4.
Any person or persons, firm or corporation, or the | ||||||
| 18 | agent of any
person or persons, firm or corporation who denies | ||||||
| 19 | or interferes with
admittance to or enjoyment of the public | ||||||
| 20 | facilities enumerated in Section 3
of this Act or otherwise | ||||||
| 21 | interferes with the rights of a totally or
partially blind | ||||||
| 22 | person or a person who has any other disability or otherwise | ||||||
| 23 | disabled person under Section 3 of this Act
shall be guilty of | ||||||
| 24 | a Class A misdemeanor.
| ||||||
| 25 | (Source: P.A. 77-2830.)
| ||||||
| |||||||
| |||||||
| 1 | (775 ILCS 30/5) (from Ch. 23, par. 3365)
| ||||||
| 2 | Sec. 5.
It is the policy of this State that persons who are | ||||||
| 3 | blind, persons who have a visual disability, and persons with | ||||||
| 4 | other physical disabilities the blind, the visually
| ||||||
| 5 | handicapped and the otherwise physically disabled shall be | ||||||
| 6 | employed in the
State Service, the service of the political | ||||||
| 7 | subdivisions of the State, in
the public schools and in all | ||||||
| 8 | other employment supported in whole or in
part by public funds | ||||||
| 9 | on the same terms and conditions as the able-bodied,
unless it | ||||||
| 10 | is shown that the particular disability prevents the | ||||||
| 11 | performance
of the work involved.
| ||||||
| 12 | (Source: P.A. 76-663.)
| ||||||
| 13 | (775 ILCS 30/6) (from Ch. 23, par. 3366)
| ||||||
| 14 | Sec. 6.
Each year, the Governor is authorized and requested | ||||||
| 15 | to designate
and take suitable public notice of White Cane | ||||||
| 16 | Safety Day and to issue a
proclamation in which:
| ||||||
| 17 | (a) he comments upon the significance of the white cane;
| ||||||
| 18 | (b) he calls upon the citizens of the State to observe the | ||||||
| 19 | provisions of
the White Cane Law and to take precautions | ||||||
| 20 | necessary to the safety of persons with disabilities the
| ||||||
| 21 | disabled;
| ||||||
| 22 | (c) he reminds the citizens of the State of the policies | ||||||
| 23 | with respect to
the disabled herein declared and urges the | ||||||
| 24 | citizens to cooperate in giving
effect to them;
| ||||||
| |||||||
| |||||||
| 1 | (d) he emphasizes the need of the citizens to be aware of | ||||||
| 2 | the presence
of disabled persons in the community and to keep | ||||||
| 3 | safe and functional for
the disabled the streets, highways, | ||||||
| 4 | sidewalks, walkways, public buildings,
public facilities, | ||||||
| 5 | other public places, places of public accommodation,
amusement | ||||||
| 6 | and resort, and other places to which the public is invited, | ||||||
| 7 | and
to offer assistance to disabled persons upon appropriate | ||||||
| 8 | occasions.
| ||||||
| 9 | (Source: P.A. 76-663.)
| ||||||
| 10 | Section 1020. The Disposition of Remains Act is amended by | ||||||
| 11 | changing Section 10 as follows:
| ||||||
| 12 | (755 ILCS 65/10)
| ||||||
| 13 | Sec. 10. Form. The written instrument authorizing the | ||||||
| 14 | disposition of remains under paragraph (1) of Section 5 of this | ||||||
| 15 | Act shall be in substantially the following form:
| ||||||
| 16 | "APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS | ||||||
| 17 | |||||||
| 18 | I, ................................, being of sound | ||||||
| 19 | mind, willfully and voluntarily make known my desire that, | ||||||
| 20 | upon my death, the disposition of my remains shall be | ||||||
| 21 | controlled by ................... (name of agent first | ||||||
| 22 | named below) and, with respect to that subject only, I | ||||||
| 23 | hereby appoint such person as my agent (attorney-in-fact). | ||||||
| |||||||
| |||||||
| 1 | All decisions made by my agent with respect to the | ||||||
| 2 | disposition of my remains, including cremation, shall be | ||||||
| 3 | binding.
| ||||||
| 4 | SPECIAL DIRECTIONS: | ||||||
| 5 |
Set forth below are any special directions limiting | ||||||
| 6 | the power granted to my agent: | ||||||
| 7 | .............................. | ||||||
| 8 | .............................. | ||||||
| 9 | ..............................
| ||||||
| 10 | If the disposition of my remains is by cremation, then:
| ||||||
| 11 | ( ) I do not wish to allow any of my survivors the option of | ||||||
| 12 | canceling my cremation and selecting alternative arrangements, | ||||||
| 13 | regardless of whether my survivors deem a change to be | ||||||
| 14 | appropriate.
| ||||||
| 15 | ( ) I wish to allow only the survivors I have designated below | ||||||
| 16 | the option of canceling my cremation and selecting alternative | ||||||
| 17 | arrangements, if they deem a change to be appropriate:
| ||||||
| 18 | ......................................................
| ||||||
| 19 | ......................................................
| ||||||
| 20 | ......................................................
| ||||||
| 21 | ASSUMPTION:
| ||||||
| |||||||
| |||||||
| 1 | THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS | ||||||
| 2 | APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS | ||||||
| 3 | PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN | ||||||
| 4 | AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT | ||||||
| 5 | SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY | ||||||
| 6 | NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE | ||||||
| 7 | AGENT ACTING AT ANY TIME IS REQUIRED.
| ||||||
| 8 | AGENT:
| ||||||
| 9 | Name:
...................................... | ||||||
| 10 | Address: ................................... | ||||||
| 11 | Telephone Number:
.......................... | ||||||
| 12 | Signature Indicating Acceptance of Appointment:
......... | ||||||
| 13 | Date of Signature:
.........................
| ||||||
| 14 | SUCCESSORS:
| ||||||
| 15 | If my agent dies, is determined by a court to be under | ||||||
| 16 | a legal disability becomes legally disabled, resigns, or | ||||||
| 17 | refuses to act, I hereby appoint the following persons | ||||||
| 18 | (each to act alone and successively, in the order named) to | ||||||
| 19 | serve as my agent (attorney-in-fact) to control the | ||||||
| 20 | disposition of my remains as authorized by this document:
| ||||||
| 21 | 1. First Successor
| ||||||
| |||||||
| |||||||
| 1 | Name:
...................................... | ||||||
| 2 | Address:
................................... | ||||||
| 3 | Telephone Number:
.......................... | ||||||
| 4 | Signature Indicating Acceptance of Appointment:
......... | ||||||
| 5 | Date of Signature:
....................
| ||||||
| 6 | 2. Second Successor
| ||||||
| 7 | Name:
...................................... | ||||||
| 8 | Address:
................................... | ||||||
| 9 | Telephone Number:
.......................... | ||||||
| 10 | Signature Indicating Acceptance of Appointment: ......... | ||||||
| 11 | Date of Signature:
.............
| ||||||
| 12 | DURATION:
| ||||||
| 13 | This appointment becomes effective upon my death.
| ||||||
| 14 | PRIOR APPOINTMENTS REVOKED:
| ||||||
| 15 | I hereby revoke any prior appointment of any person to | ||||||
| 16 | control the disposition of my remains.
| ||||||
| 17 | RELIANCE:
| ||||||
| 18 | I hereby agree that any hospital, cemetery | ||||||
| 19 | organization, business operating a crematory or | ||||||
| 20 | columbarium or both, funeral director or embalmer, or | ||||||
| 21 | funeral establishment who receives a copy of this document | ||||||
| |||||||
| |||||||
| 1 | may act under it. Any modification or revocation of this | ||||||
| 2 | document is not effective as to any such party until that | ||||||
| 3 | party receives actual notice of the modification or | ||||||
| 4 | revocation. No such party shall be liable because of | ||||||
| 5 | reliance on a copy of this document.
| ||||||
| 6 | Signed this ...... day of .............., ...........
| ||||||
| 7 |
.........................................
| ||||||
| 8 | STATE OF .................. | ||||||
| 9 | COUNTY OF .................
| ||||||
| 10 | BEFORE ME, the undersigned, a Notary Public, on this | ||||||
| 11 | day personally appeared ...................., proved to me | ||||||
| 12 | on the basis of satisfactory evidence to be the person | ||||||
| 13 | whose name is subscribed to the foregoing instrument and | ||||||
| 14 | acknowledged to me that he/she executed the same for the | ||||||
| 15 | purposes and consideration therein expressed.
| ||||||
| 16 | GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day | ||||||
| 17 | of ................, 2........
| ||||||
| 18 | ..........................................
| ||||||
| 19 | Printed Name:
............................. | ||||||
| |||||||
| |||||||
| 1 | Notary Public, State of ...................
| ||||||
| 2 | My Commission Expires: | ||||||
| 3 | ....................".
| ||||||
| 4 | (Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
| ||||||
| 5 | Section 1025. The Credit Card Issuance Act is amended by | ||||||
| 6 | changing Section 1b as follows:
| ||||||
| 7 | (815 ILCS 140/1b) (from Ch. 17, par. 6003)
| ||||||
| 8 | Sec. 1b.
All credit card applications shall contain the | ||||||
| 9 | following
words verbatim:
| ||||||
| 10 | a. No applicant may be denied a credit card on account of | ||||||
| 11 | race,
color, religion, national origin, ancestry, age (between | ||||||
| 12 | 40 and 70), sex,
marital status, physical or mental disability | ||||||
| 13 | handicap unrelated to the ability to
pay or unfavorable | ||||||
| 14 | discharge from military service.
| ||||||
| 15 | b. The applicant may request the reason for rejection of | ||||||
| 16 | his or her
application for a credit card.
| ||||||
| 17 | c. No person need reapply for a credit card solely because | ||||||
| 18 | of a
change in marital status unless the change in marital | ||||||
| 19 | status has caused
a deterioration in the person's financial | ||||||
| 20 | position.
| ||||||
| 21 | d. A person may hold a credit card in any name permitted by | ||||||
| 22 | law that
he or she regularly uses and is generally known by, so | ||||||
| 23 | long as no fraud
is intended thereby.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 81-1216.)
| ||||||
| 2 | Section 1030. The Motor Fuel Sales Act is amended by | ||||||
| 3 | changing Section 2 as follows:
| ||||||
| 4 | (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| ||||||
| 5 | Sec. 2. Assistance at stations with self-service and | ||||||
| 6 | full-service islands.
| ||||||
| 7 | (a) Any attendant on duty at a gasoline station or service | ||||||
| 8 | station offering to the public retail sales of motor fuel at | ||||||
| 9 | both self-service and full-service islands shall, upon | ||||||
| 10 | request, dispense motor fuel for the driver of a car which is
| ||||||
| 11 | parked at a self-service island and displays: (1) registration | ||||||
| 12 | plates issued to
a person with a physical disability physically | ||||||
| 13 | disabled person pursuant to Section 3-616 of the Illinois | ||||||
| 14 | Vehicle
Code; (2) registration plates issued to a veteran with | ||||||
| 15 | a disability disabled veteran pursuant
to Section 3-609 or | ||||||
| 16 | 3-609.01 of such Code; or (3) a special decal or device issued | ||||||
| 17 | pursuant
to Section 11-1301.2 of such Code; and shall only | ||||||
| 18 | charge such driver prices
as offered to the general public for | ||||||
| 19 | motor fuel dispensed at the self-service
island. However, such | ||||||
| 20 | attendant shall not be required to perform other
services which | ||||||
| 21 | are offered at the full-service island.
| ||||||
| 22 | (b) Gasoline stations and service stations in this State | ||||||
| 23 | are subject to the federal Americans with Disabilities Act and | ||||||
| 24 | must: | ||||||
| |||||||
| |||||||
| 1 | (1) provide refueling assistance upon the request of an | ||||||
| 2 | individual with a disability (A gasoline station or service | ||||||
| 3 | station is not required to provide such service at any time | ||||||
| 4 | that it is operating on a remote control basis with a | ||||||
| 5 | single employee on duty at the motor fuel site, but is | ||||||
| 6 | encouraged to do so, if feasible.); | ||||||
| 7 | (2) by January 1, 2014, provide and display at least | ||||||
| 8 | one ADA compliant motor fuel dispenser with a direct | ||||||
| 9 | telephone number to the station that allows an a disabled | ||||||
| 10 | operator of a motor vehicle who has a disability to request | ||||||
| 11 | refueling assistance, with the telephone number posted in | ||||||
| 12 | close proximity to the International Symbol of | ||||||
| 13 | Accessibility required by the federal Americans with | ||||||
| 14 | Disabilities Act, however, if the station does not have at | ||||||
| 15 | least one ADA compliant motor fuel dispenser, the station | ||||||
| 16 | must display on at least one motor fuel dispenser a direct | ||||||
| 17 | telephone number to the station that allows an a disabled | ||||||
| 18 | operator of a motor vehicle who has a disability to request | ||||||
| 19 | refueling assistance; and | ||||||
| 20 | (3) provide the refueling assistance without any | ||||||
| 21 | charge beyond the self-serve price.
| ||||||
| 22 | (c) The signage required under paragraph (2) of subsection | ||||||
| 23 | (b) shall be designated by the station owner and shall be | ||||||
| 24 | posted in a prominently visible place. The sign shall be | ||||||
| 25 | clearly visible to customers. | ||||||
| 26 | (d) The Secretary of State shall provide to persons with | ||||||
| |||||||
| |||||||
| 1 | disabilities information regarding the availability of | ||||||
| 2 | refueling assistance under this Section by the following | ||||||
| 3 | methods: | ||||||
| 4 | (1) by posting information about that availability on | ||||||
| 5 | the Secretary of State's Internet website, along with a | ||||||
| 6 | link to the Department of Human Services website; and | ||||||
| 7 | (2) by publishing a brochure containing information | ||||||
| 8 | about that availability, which shall be made available at | ||||||
| 9 | all Secretary of State offices throughout the State. | ||||||
| 10 | (e) The Department of Human Services shall post on its | ||||||
| 11 | Internet website information regarding the availability of | ||||||
| 12 | refueling assistance for persons with disabilities and the | ||||||
| 13 | addresses and telephone numbers of all gasoline and service | ||||||
| 14 | stations in Illinois. | ||||||
| 15 | (f) A person commits a Class C misdemeanor if he or she | ||||||
| 16 | telephones
a gasoline station or service station to request | ||||||
| 17 | refueling assistance and he or she: | ||||||
| 18 | (1) is not actually physically present at the gasoline | ||||||
| 19 | or service station; or | ||||||
| 20 | (2) is physically present at the gasoline or service | ||||||
| 21 | station but does not actually require refueling | ||||||
| 22 | assistance. | ||||||
| 23 | (g) The Department of Transportation shall work in | ||||||
| 24 | cooperation with appropriate representatives of gasoline and | ||||||
| 25 | service station trade associations and the petroleum industry | ||||||
| 26 | to increase the signage at gasoline and service stations on | ||||||
| |||||||
| |||||||
| 1 | interstate highways in this State with regard to the | ||||||
| 2 | availability of refueling assistance for persons with | ||||||
| 3 | disabilities.
| ||||||
| 4 | (h) If an owner of a gas station or service station is | ||||||
| 5 | found by the Illinois Department of Agriculture, Bureau of | ||||||
| 6 | Weights and Measures, to be in violation of this Act, the owner | ||||||
| 7 | shall pay an administrative fine of $250. Any moneys collected | ||||||
| 8 | by the Department shall be deposited into the Motor Fuel and | ||||||
| 9 | Petroleum Standards Fund. The Department of Agriculture shall | ||||||
| 10 | have the same authority and powers as provided for in the Motor | ||||||
| 11 | Fuel and Petroleum Standards Act in enforcing this Act. | ||||||
| 12 | (Source: P.A. 97-1152, eff. 6-1-13.)
| ||||||
| 13 | Section 1035. The Consumer Fraud and Deceptive Business | ||||||
| 14 | Practices Act is amended by changing Sections 2FF and 2MM as | ||||||
| 15 | follows:
| ||||||
| 16 | (815 ILCS 505/2FF)
| ||||||
| 17 | Sec. 2FF.
Electric service fraud; elderly persons or
| ||||||
| 18 | persons with disabilities disabled persons; additional | ||||||
| 19 | penalties.
With respect to the advertising, sale, provider
| ||||||
| 20 | selection, billings, or collections relating to the provision
| ||||||
| 21 | of electric service, where the consumer is an elderly person
or | ||||||
| 22 | person with a disability disabled person, a civil penalty of | ||||||
| 23 | $50,000 may be imposed
for each violation.
For purposes of this
| ||||||
| 24 | Section:
| ||||||
| |||||||
| |||||||
| 1 | (1) "Elderly person" means a person 60 years of age
or | ||||||
| 2 | older.
| ||||||
| 3 | (2) "Person with a disability Disabled person" means a | ||||||
| 4 | person who suffers
from a permanent physical or mental | ||||||
| 5 | impairment resulting
from disease, injury, functional disorder | ||||||
| 6 | or congenital
condition.
| ||||||
| 7 | (3) "Electric service" shall have the meaning given
that | ||||||
| 8 | term in Section 6.5 of
the Attorney General
Act.
| ||||||
| 9 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
| 10 | (815 ILCS 505/2MM)
| ||||||
| 11 | Sec. 2MM. Verification of accuracy of consumer reporting | ||||||
| 12 | information used to
extend consumers credit and security freeze | ||||||
| 13 | on credit reports. | ||||||
| 14 | (a) A credit card issuer who mails an offer or solicitation | ||||||
| 15 | to apply for a
credit card and who receives a completed | ||||||
| 16 | application in response to the offer
or
solicitation which | ||||||
| 17 | lists an address that is not substantially the same as the
| ||||||
| 18 | address on the offer or solicitation may not issue a credit | ||||||
| 19 | card based on that
application until reasonable steps have been | ||||||
| 20 | taken to verify the applicant's
change of address.
| ||||||
| 21 | (b) Any person who uses a consumer credit report in | ||||||
| 22 | connection with the
approval of credit based on the application | ||||||
| 23 | for an extension of credit, and who
has received notification | ||||||
| 24 | of a police report filed with a consumer reporting
agency that | ||||||
| 25 | the applicant has been a victim of financial
identity theft, as | ||||||
| |||||||
| |||||||
| 1 | defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 | ||||||
| 2 | or the Criminal Code of 2012, may
not lend money or extend | ||||||
| 3 | credit without taking reasonable steps to verify the
consumer's | ||||||
| 4 | identity and confirm that the application for an extension of
| ||||||
| 5 | credit
is not the result of financial identity theft.
| ||||||
| 6 | (c) A consumer may request that a security freeze be placed | ||||||
| 7 | on his or her credit report by sending a request in writing by | ||||||
| 8 | certified mail to a consumer reporting agency at an address | ||||||
| 9 | designated by the consumer reporting agency to receive such | ||||||
| 10 | requests. | ||||||
| 11 | The following persons may request that a security freeze be | ||||||
| 12 | placed on the credit report of a person with a disability | ||||||
| 13 | disabled person: | ||||||
| 14 | (1) a guardian of the person with a disability disabled | ||||||
| 15 | person that is the subject of the request, appointed under | ||||||
| 16 | Article XIa of the Probate Act of 1975; and | ||||||
| 17 | (2) an agent of the person with a disability disabled | ||||||
| 18 | person that is the subject of the request, under a written | ||||||
| 19 | durable power of attorney that complies with the Illinois | ||||||
| 20 | Power of Attorney Act. | ||||||
| 21 | The following persons may request that a security freeze | ||||||
| 22 | be placed on the credit report of a minor: | ||||||
| 23 | (1) a guardian of the minor that is the subject of the | ||||||
| 24 | request, appointed under Article XI of the Probate Act of | ||||||
| 25 | 1975; | ||||||
| 26 | (2) a parent of the minor that is the subject of the | ||||||
| |||||||
| |||||||
| 1 | request; and | ||||||
| 2 | (3) a guardian appointed under the Juvenile Court Act | ||||||
| 3 | of 1987 for a minor under the age of 18 who is the subject | ||||||
| 4 | of the request or, with a court order authorizing the | ||||||
| 5 | guardian consent power, for a youth who is the subject of | ||||||
| 6 | the request who has attained the age of 18, but who is | ||||||
| 7 | under the age of 21. | ||||||
| 8 | This subsection (c) does not prevent a consumer reporting | ||||||
| 9 | agency from advising a third party that a security freeze is in | ||||||
| 10 | effect with respect to the consumer's credit report.
| ||||||
| 11 | (d) A consumer reporting agency shall place a security | ||||||
| 12 | freeze on a consumer's credit report no later than 5 business | ||||||
| 13 | days after receiving a written request from the consumer:
| ||||||
| 14 | (1) a written request described in subsection (c); | ||||||
| 15 | (2) proper identification; and | ||||||
| 16 | (3) payment of a fee, if applicable.
| ||||||
| 17 | (e) Upon placing the security freeze on the consumer's | ||||||
| 18 | credit report, the consumer reporting agency shall send to the | ||||||
| 19 | consumer within 10 business days a written confirmation of the | ||||||
| 20 | placement of the security freeze and a unique personal | ||||||
| 21 | identification number or password or similar device, other than | ||||||
| 22 | the consumer's Social Security number, to be used by the | ||||||
| 23 | consumer when providing authorization for the release of his or | ||||||
| 24 | her credit report for a specific party or period of time.
| ||||||
| 25 | (f) If the consumer wishes to allow his or her credit | ||||||
| 26 | report to be accessed for a specific party or period of time | ||||||
| |||||||
| |||||||
| 1 | while a freeze is in place, he or she shall contact the | ||||||
| 2 | consumer reporting agency using a point of contact designated | ||||||
| 3 | by the consumer reporting agency, request that the freeze be | ||||||
| 4 | temporarily lifted, and provide the following:
| ||||||
| 5 | (1) Proper identification;
| ||||||
| 6 | (2) The unique personal identification number or | ||||||
| 7 | password or similar device provided by the consumer | ||||||
| 8 | reporting agency;
| ||||||
| 9 | (3) The proper information regarding the third party or | ||||||
| 10 | time period for which the report shall be available to | ||||||
| 11 | users of the credit report; and
| ||||||
| 12 | (4) A fee, if applicable.
| ||||||
| 13 | A security freeze for a minor may not be temporarily | ||||||
| 14 | lifted. This Section does not require a consumer reporting | ||||||
| 15 | agency to provide to a minor or a parent or guardian of a minor | ||||||
| 16 | on behalf of the minor a unique personal identification number, | ||||||
| 17 | password, or similar device provided by the consumer reporting | ||||||
| 18 | agency for the minor, or parent or guardian of the minor, to | ||||||
| 19 | use to authorize the consumer reporting agency to release | ||||||
| 20 | information from a minor. | ||||||
| 21 | (g) A consumer reporting agency shall develop a contact | ||||||
| 22 | method to receive and process a request from a consumer to | ||||||
| 23 | temporarily lift a freeze on a credit report pursuant to | ||||||
| 24 | subsection (f) in an expedited manner.
| ||||||
| 25 | A contact method under this subsection shall include:
(i) a | ||||||
| 26 | postal address; and (ii) an electronic contact method chosen by | ||||||
| |||||||
| |||||||
| 1 | the consumer reporting agency, which may include the use of | ||||||
| 2 | telephone, fax, Internet, or other electronic means.
| ||||||
| 3 | (h) A consumer reporting agency that receives a request | ||||||
| 4 | from a consumer to temporarily lift a freeze on a credit report | ||||||
| 5 | pursuant to subsection (f), shall comply with the request no | ||||||
| 6 | later than 3 business days after receiving the request.
| ||||||
| 7 | (i) A consumer reporting agency shall remove or temporarily | ||||||
| 8 | lift a freeze placed on a consumer's credit report only in the | ||||||
| 9 | following cases:
| ||||||
| 10 | (1) upon consumer request, pursuant to subsection (f) | ||||||
| 11 | or subsection (l) of this Section; or
| ||||||
| 12 | (2) if the consumer's credit report was frozen due to a | ||||||
| 13 | material misrepresentation of fact by the consumer.
| ||||||
| 14 | If a consumer reporting agency intends to remove a freeze | ||||||
| 15 | upon a consumer's credit report pursuant to this subsection, | ||||||
| 16 | the consumer reporting agency shall notify the consumer in | ||||||
| 17 | writing prior to removing the freeze on the consumer's credit | ||||||
| 18 | report.
| ||||||
| 19 | (j) If a third party requests access to a credit report on | ||||||
| 20 | which a security freeze is in effect, and this request is in | ||||||
| 21 | connection with an application for credit or any other use, and | ||||||
| 22 | the consumer does not allow his or her credit report to be | ||||||
| 23 | accessed for that specific party or period of time, the third | ||||||
| 24 | party may treat the application as incomplete.
| ||||||
| 25 | (k) If a consumer requests a security freeze, the credit | ||||||
| 26 | reporting agency shall disclose to the consumer the process of | ||||||
| |||||||
| |||||||
| 1 | placing and temporarily lifting a security freeze, and the | ||||||
| 2 | process for allowing access to information from the consumer's | ||||||
| 3 | credit report for a specific party or period of time while the | ||||||
| 4 | freeze is in place.
| ||||||
| 5 | (l) A security freeze shall remain in place until the | ||||||
| 6 | consumer or person authorized under subsection (c) to act on | ||||||
| 7 | behalf of the minor or person with a disability disabled person | ||||||
| 8 | that is the subject of the security freeze requests, using a | ||||||
| 9 | point of contact designated by the consumer reporting agency, | ||||||
| 10 | that the security freeze be removed. A credit reporting agency | ||||||
| 11 | shall remove a security freeze within 3 business days of | ||||||
| 12 | receiving a request for removal from the consumer, who | ||||||
| 13 | provides:
| ||||||
| 14 | (1) Proper identification;
| ||||||
| 15 | (2) The unique personal identification number or | ||||||
| 16 | password or similar device provided by the consumer | ||||||
| 17 | reporting agency; and
| ||||||
| 18 | (3) A fee, if applicable.
| ||||||
| 19 | (m) A consumer reporting agency shall require proper | ||||||
| 20 | identification of the person making a request to place or | ||||||
| 21 | remove a security freeze and may require proper identification | ||||||
| 22 | and proper authority from the person making the request to | ||||||
| 23 | place or remove a freeze on behalf of the person with a | ||||||
| 24 | disability disabled person or minor.
| ||||||
| 25 | (n) The provisions of subsections (c) through (m) of this | ||||||
| 26 | Section do not apply to the use of a consumer credit report by | ||||||
| |||||||
| |||||||
| 1 | any of the following:
| ||||||
| 2 | (1) A person or entity, or a subsidiary, affiliate, or | ||||||
| 3 | agent of that person or entity, or an assignee of a | ||||||
| 4 | financial obligation owing by the consumer to that person | ||||||
| 5 | or entity, or a prospective assignee of a financial | ||||||
| 6 | obligation owing by the consumer to that person or entity | ||||||
| 7 | in conjunction with the proposed purchase of the financial | ||||||
| 8 | obligation, with which the consumer has or had prior to | ||||||
| 9 | assignment an account or contract, including a demand | ||||||
| 10 | deposit account, or to whom the consumer issued a | ||||||
| 11 | negotiable instrument, for the purposes of reviewing the | ||||||
| 12 | account or collecting the financial obligation owing for | ||||||
| 13 | the account, contract, or negotiable instrument. For | ||||||
| 14 | purposes of this subsection, "reviewing the account" | ||||||
| 15 | includes activities related to account maintenance, | ||||||
| 16 | monitoring, credit line increases, and account upgrades | ||||||
| 17 | and enhancements.
| ||||||
| 18 | (2) A subsidiary, affiliate, agent, assignee, or | ||||||
| 19 | prospective assignee of a person to whom access has been | ||||||
| 20 | granted under subsection (f) of this Section for purposes | ||||||
| 21 | of facilitating the extension of credit or other | ||||||
| 22 | permissible use.
| ||||||
| 23 | (3) Any state or local agency, law enforcement agency, | ||||||
| 24 | trial court, or private collection agency acting pursuant | ||||||
| 25 | to a court order, warrant, or subpoena.
| ||||||
| 26 | (4) A child support agency acting pursuant to Title | ||||||
| |||||||
| |||||||
| 1 | IV-D of the Social Security Act.
| ||||||
| 2 | (5) The State or its agents or assigns acting to | ||||||
| 3 | investigate fraud.
| ||||||
| 4 | (6) The Department of Revenue or its agents or assigns | ||||||
| 5 | acting to investigate or collect delinquent taxes or unpaid | ||||||
| 6 | court orders or to fulfill any of its other statutory | ||||||
| 7 | responsibilities.
| ||||||
| 8 | (7) The use of credit information for the purposes of | ||||||
| 9 | prescreening as provided for by the federal Fair Credit | ||||||
| 10 | Reporting Act.
| ||||||
| 11 | (8) Any person or entity administering a credit file | ||||||
| 12 | monitoring subscription or similar service to which the | ||||||
| 13 | consumer has subscribed.
| ||||||
| 14 | (9) Any person or entity for the purpose of providing a | ||||||
| 15 | consumer with a copy of his or her credit report or score | ||||||
| 16 | upon the consumer's request.
| ||||||
| 17 | (10) Any person using the information in connection | ||||||
| 18 | with the underwriting of insurance.
| ||||||
| 19 | (n-5) This Section does not prevent a consumer reporting | ||||||
| 20 | agency from charging a fee of no more than $10 to a consumer | ||||||
| 21 | for each freeze, removal, or temporary lift of the freeze, | ||||||
| 22 | regarding access to a consumer credit report, except that a | ||||||
| 23 | consumer reporting agency may not charge a fee to (i) a | ||||||
| 24 | consumer 65 years of age or over for placement and removal of a | ||||||
| 25 | freeze, or (ii) a victim of identity theft who has submitted to | ||||||
| 26 | the consumer reporting agency a valid copy of a police report, | ||||||
| |||||||
| |||||||
| 1 | investigative report, or complaint that the consumer has filed | ||||||
| 2 | with a law enforcement agency about unlawful use of his or her | ||||||
| 3 | personal information by another person.
| ||||||
| 4 | (o) If a security freeze is in place, a consumer reporting | ||||||
| 5 | agency shall not change any of the following official | ||||||
| 6 | information in a credit report without sending a written | ||||||
| 7 | confirmation of the change to the consumer within 30 days of | ||||||
| 8 | the change being posted to the consumer's file: (i) name, (ii) | ||||||
| 9 | date of birth, (iii) Social Security number, and (iv) address. | ||||||
| 10 | Written confirmation is not required for technical | ||||||
| 11 | modifications of a consumer's official information, including | ||||||
| 12 | name and street abbreviations, complete spellings, or | ||||||
| 13 | transposition of numbers or letters. In the case of an address | ||||||
| 14 | change, the written confirmation shall be sent to both the new | ||||||
| 15 | address and to the former address.
| ||||||
| 16 | (p) The following entities are not required to place a | ||||||
| 17 | security freeze in a consumer report, however, pursuant to | ||||||
| 18 | paragraph (3) of this subsection, a consumer reporting agency | ||||||
| 19 | acting as a reseller shall honor any security freeze placed on | ||||||
| 20 | a consumer credit report by another consumer reporting agency:
| ||||||
| 21 | (1) A check services or fraud prevention services | ||||||
| 22 | company, which issues reports on incidents of fraud or | ||||||
| 23 | authorizations for the purpose of approving or processing | ||||||
| 24 | negotiable instruments, electronic funds transfers, or | ||||||
| 25 | similar methods of payment.
| ||||||
| 26 | (2) A deposit account information service company, | ||||||
| |||||||
| |||||||
| 1 | which issues reports regarding account closures due to | ||||||
| 2 | fraud, substantial overdrafts, ATM abuse, or similar | ||||||
| 3 | negative information regarding a consumer to inquiring | ||||||
| 4 | banks or other financial institutions for use only in | ||||||
| 5 | reviewing a consumer request for a deposit account at the | ||||||
| 6 | inquiring bank or financial institution.
| ||||||
| 7 | (3) A consumer reporting agency that:
| ||||||
| 8 | (A) acts only to resell credit information by | ||||||
| 9 | assembling and merging information contained in a | ||||||
| 10 | database of one or more consumer reporting agencies; | ||||||
| 11 | and
| ||||||
| 12 | (B) does not maintain a permanent database of | ||||||
| 13 | credit information from which new credit reports are | ||||||
| 14 | produced.
| ||||||
| 15 | (q) For purposes of this Section: | ||||||
| 16 | "Credit report" has the same meaning as "consumer report", | ||||||
| 17 | as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||||||
| 18 | "Consumer reporting agency" has the meaning ascribed to it | ||||||
| 19 | in 15 U.S.C. Sec. 1681a(f). | ||||||
| 20 | "Security freeze" means
a notice placed in a consumer's | ||||||
| 21 | credit report, at the request of the consumer and subject to | ||||||
| 22 | certain exceptions, that prohibits the consumer reporting | ||||||
| 23 | agency from releasing the consumer's credit report or score | ||||||
| 24 | relating to an extension of credit, without the express | ||||||
| 25 | authorization of the consumer.
| ||||||
| 26 | "Extension of credit" does not include
an increase in an | ||||||
| |||||||
| |||||||
| 1 | existing open-end credit plan, as defined in Regulation Z of
| ||||||
| 2 | the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||||||
| 3 | or review of an
existing credit account.
| ||||||
| 4 | "Proper authority" means documentation that shows that a | ||||||
| 5 | parent, guardian, or agent has authority to act on behalf of a | ||||||
| 6 | minor or person with a disability disabled person. "Proper | ||||||
| 7 | authority" includes (1) an order issued by a court of law that | ||||||
| 8 | shows that a guardian has authority to act on behalf of a minor | ||||||
| 9 | or person with a disability disabled person, (2) a written, | ||||||
| 10 | notarized statement signed by a parent that expressly describes | ||||||
| 11 | the authority of the parent to act on behalf of the minor, or | ||||||
| 12 | (3) a durable power of attorney that complies with the Illinois | ||||||
| 13 | Power of Attorney Act. | ||||||
| 14 | "Proper identification" means information generally deemed | ||||||
| 15 | sufficient to identify a person. Only if the consumer is unable | ||||||
| 16 | to reasonably identify himself or herself with the information | ||||||
| 17 | described above, may a consumer reporting agency require | ||||||
| 18 | additional information concerning the consumer's employment | ||||||
| 19 | and personal or family history in order to verify his or her | ||||||
| 20 | identity.
| ||||||
| 21 | (r) Any person who violates this Section commits an
| ||||||
| 22 | unlawful practice within the meaning of this Act.
| ||||||
| 23 | (Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
| 24 | 98-486, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
| 25 | Section 1040. The Home Repair Fraud Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 5 as follows:
| ||||||
| 2 | (815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
| ||||||
| 3 | Sec. 5. Aggravated Home Repair Fraud. A person commits the | ||||||
| 4 | offense
of aggravated home repair fraud when he commits home | ||||||
| 5 | repair fraud: | ||||||
| 6 | (i) against an elderly
person or a person with a | ||||||
| 7 | disability as defined in Section 17-56
of the Criminal Code | ||||||
| 8 | of 2012; or | ||||||
| 9 | (ii) in connection with a home repair project intended | ||||||
| 10 | to assist a person with a disability disabled person.
| ||||||
| 11 | (a) Aggravated violation of paragraphs (1) or (2) of | ||||||
| 12 | subsection (a) of
Section 3 of this Act shall be a Class 2 | ||||||
| 13 | felony when the amount of
the
contract or agreement is more | ||||||
| 14 | than $500, a Class 3
felony when the amount
of the contract or | ||||||
| 15 | agreement is $500 or less, and a Class 2
felony for a
second or | ||||||
| 16 | subsequent offense when the amount of the contract or agreement
| ||||||
| 17 | is $500 or less. If 2 or more contracts or agreements for home
| ||||||
| 18 | repair
exceed an aggregate amount of $500 or more and such | ||||||
| 19 | contracts or
agreements are entered into with the same victim | ||||||
| 20 | by one or more of the
defendants as part of or in furtherance | ||||||
| 21 | of a common fraudulent scheme,
design or intention, the | ||||||
| 22 | violation shall be a Class 2 felony.
| ||||||
| 23 | (b) Aggravated violation of paragraph (3) of subsection (a) | ||||||
| 24 | of Section 3
of this Act shall be a Class 2 felony when the | ||||||
| 25 | amount of the contract
or
agreement is more than $5,000 and a | ||||||
| |||||||
| |||||||
| 1 | Class 3 felony
when the amount of the
contract or agreement is | ||||||
| 2 | $5,000 or less.
| ||||||
| 3 | (c) Aggravated violation of paragraph (4) of subsection (a) | ||||||
| 4 | of
Section 3 of this Act shall be a Class 3 felony when the | ||||||
| 5 | amount of
the
contract or agreement is more than $500, a Class | ||||||
| 6 | 4
felony when the amount
of the contract or agreement is $500 | ||||||
| 7 | or less and a Class
3 felony for a
second or subsequent offense | ||||||
| 8 | when the amount of the contract or agreement
is $500 or less.
| ||||||
| 9 | (d) Aggravated violation of paragraphs (1) or (2) of | ||||||
| 10 | subsection (b) of
Section 3 of this Act shall be a Class 3 | ||||||
| 11 | felony.
| ||||||
| 12 | (e) If a person commits aggravated home repair fraud, then | ||||||
| 13 | any State or
local license or permit held by that person that | ||||||
| 14 | relates to the business of
home repair may be appropriately | ||||||
| 15 | suspended or revoked by the issuing authority,
commensurate | ||||||
| 16 | with the severity of the offense.
| ||||||
| 17 | (f) A defense to aggravated home repair fraud does not | ||||||
| 18 | exist merely
because
the accused reasonably believed the victim | ||||||
| 19 | to be a person less than 60 years
of age.
| ||||||
| 20 | (Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11; | ||||||
| 21 | 97-1150, eff. 1-25-13.)
| ||||||
| 22 | Section 1045. The Motor Vehicle Franchise Act is amended by | ||||||
| 23 | changing Section 4 as follows:
| ||||||
| 24 | (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 4. Unfair competition and practices.
| ||||||
| 2 | (a) The unfair methods of competition and unfair and | ||||||
| 3 | deceptive acts or
practices listed in this Section are hereby | ||||||
| 4 | declared to be unlawful. In
construing the provisions of this | ||||||
| 5 | Section, the courts may be guided by the
interpretations of the | ||||||
| 6 | Federal Trade Commission Act (15 U.S.C. 45 et
seq.), as from | ||||||
| 7 | time to time amended.
| ||||||
| 8 | (b) It shall be deemed a violation for any manufacturer, | ||||||
| 9 | factory branch,
factory representative, distributor or | ||||||
| 10 | wholesaler, distributor branch,
distributor representative or | ||||||
| 11 | motor vehicle dealer to engage in any action
with respect to a | ||||||
| 12 | franchise which is arbitrary, in bad faith or
unconscionable | ||||||
| 13 | and which causes damage to any of the parties or to the public.
| ||||||
| 14 | (c) It shall be deemed a violation for a manufacturer, a | ||||||
| 15 | distributor,
a wholesaler, a distributor branch or division, a | ||||||
| 16 | factory branch or division,
or a wholesale branch or division, | ||||||
| 17 | or officer, agent or other representative
thereof, to coerce, | ||||||
| 18 | or attempt to coerce, any motor vehicle dealer:
| ||||||
| 19 | (1) to accept, buy or order any motor vehicle or | ||||||
| 20 | vehicles, appliances,
equipment, parts or accessories | ||||||
| 21 | therefor, or any other commodity or commodities
or service | ||||||
| 22 | or services which such motor vehicle dealer has not | ||||||
| 23 | voluntarily
ordered or requested except items required by | ||||||
| 24 | applicable local, state or
federal law; or to require a | ||||||
| 25 | motor vehicle dealer to accept, buy, order or
purchase such | ||||||
| 26 | items in order to obtain any motor vehicle or vehicles or | ||||||
| |||||||
| |||||||
| 1 | any
other commodity or commodities which have been ordered | ||||||
| 2 | or requested by such
motor vehicle dealer;
| ||||||
| 3 | (2) to order or accept delivery of any motor vehicle | ||||||
| 4 | with special
features, appliances, accessories or | ||||||
| 5 | equipment not included in the list
price of the motor | ||||||
| 6 | vehicles as publicly advertised by the manufacturer
| ||||||
| 7 | thereof, except items required by applicable law; or
| ||||||
| 8 | (3) to order for anyone any parts, accessories, | ||||||
| 9 | equipment, machinery,
tools, appliances or any commodity | ||||||
| 10 | whatsoever, except items required by
applicable law.
| ||||||
| 11 | (d) It shall be deemed a violation for a manufacturer, a | ||||||
| 12 | distributor,
a wholesaler, a distributor branch or division, or | ||||||
| 13 | officer, agent or other
representative thereof:
| ||||||
| 14 | (1) to adopt, change, establish or implement a plan or | ||||||
| 15 | system for the
allocation and distribution of new motor | ||||||
| 16 | vehicles to motor vehicle dealers
which is arbitrary or | ||||||
| 17 | capricious or to modify an existing plan so as to cause
the | ||||||
| 18 | same to be arbitrary or capricious;
| ||||||
| 19 | (2) to fail or refuse to advise or disclose to any | ||||||
| 20 | motor vehicle dealer
having a franchise or selling | ||||||
| 21 | agreement, upon written request therefor,
the basis upon | ||||||
| 22 | which new motor vehicles of the same line make are | ||||||
| 23 | allocated
or distributed to motor vehicle dealers in the | ||||||
| 24 | State and the basis upon
which the current allocation or | ||||||
| 25 | distribution is being made or will be made
to such motor | ||||||
| 26 | vehicle dealer;
| ||||||
| |||||||
| |||||||
| 1 | (3) to refuse to deliver in reasonable quantities and | ||||||
| 2 | within a reasonable
time after receipt of dealer's order, | ||||||
| 3 | to any motor vehicle dealer having
a franchise or selling | ||||||
| 4 | agreement for the retail sale of new motor vehicles
sold or | ||||||
| 5 | distributed by such manufacturer, distributor, wholesaler, | ||||||
| 6 | distributor
branch or division, factory branch or division | ||||||
| 7 | or wholesale branch or division,
any such motor vehicles as | ||||||
| 8 | are covered by such franchise or selling agreement
| ||||||
| 9 | specifically publicly advertised in the State by such | ||||||
| 10 | manufacturer,
distributor, wholesaler, distributor branch | ||||||
| 11 | or division, factory branch or
division, or wholesale | ||||||
| 12 | branch or division to be available for immediate
delivery. | ||||||
| 13 | However, the failure to deliver any motor vehicle shall not | ||||||
| 14 | be
considered a violation of this Act if such failure is | ||||||
| 15 | due to an act of God,
a work stoppage or delay due to a | ||||||
| 16 | strike or labor difficulty, a shortage
of materials, a lack | ||||||
| 17 | of manufacturing capacity, a freight embargo or other
cause | ||||||
| 18 | over which the manufacturer, distributor, or wholesaler, | ||||||
| 19 | or any agent
thereof has no control;
| ||||||
| 20 | (4) to coerce, or attempt to coerce, any motor vehicle | ||||||
| 21 | dealer to enter
into any agreement with such manufacturer, | ||||||
| 22 | distributor, wholesaler, distributor
branch or division, | ||||||
| 23 | factory branch or division, or wholesale branch or
| ||||||
| 24 | division, or officer, agent or other representative | ||||||
| 25 | thereof, or to do any
other act prejudicial to the dealer | ||||||
| 26 | by threatening to reduce his allocation
of motor vehicles | ||||||
| |||||||
| |||||||
| 1 | or cancel any franchise or any selling agreement existing
| ||||||
| 2 | between such manufacturer, distributor, wholesaler, | ||||||
| 3 | distributor branch or
division, or factory branch or | ||||||
| 4 | division, or wholesale branch or division,
and the dealer. | ||||||
| 5 | However, notice in good faith to any motor vehicle dealer
| ||||||
| 6 | of the dealer's violation of any terms or provisions of | ||||||
| 7 | such franchise or
selling agreement or of any law or | ||||||
| 8 | regulation applicable to the conduct of
a motor vehicle | ||||||
| 9 | dealer shall not constitute a violation of this Act;
| ||||||
| 10 | (5) to require a franchisee to participate in an | ||||||
| 11 | advertising campaign
or contest or any promotional | ||||||
| 12 | campaign, or to purchase or lease any promotional
| ||||||
| 13 | materials, training materials, show room or other display | ||||||
| 14 | decorations or
materials at the expense of the franchisee;
| ||||||
| 15 | (6) to cancel or terminate the franchise or selling | ||||||
| 16 | agreement of a
motor vehicle dealer without good cause and | ||||||
| 17 | without giving notice as
hereinafter provided; to fail or | ||||||
| 18 | refuse to extend the franchise or selling
agreement of a | ||||||
| 19 | motor vehicle dealer upon its expiration without good cause
| ||||||
| 20 | and without giving notice as hereinafter provided; or, to | ||||||
| 21 | offer a renewal,
replacement or succeeding franchise or | ||||||
| 22 | selling agreement containing terms
and provisions the | ||||||
| 23 | effect of which is to substantially change or modify the
| ||||||
| 24 | sales and service obligations or capital requirements of | ||||||
| 25 | the motor vehicle
dealer arbitrarily and without good cause | ||||||
| 26 | and without giving notice as
hereinafter provided | ||||||
| |||||||
| |||||||
| 1 | notwithstanding any term or provision of a franchise
or | ||||||
| 2 | selling agreement.
| ||||||
| 3 | (A) If a manufacturer, distributor, wholesaler, | ||||||
| 4 | distributor branch or
division, factory branch or | ||||||
| 5 | division or wholesale branch or division intends
to | ||||||
| 6 | cancel or terminate a franchise or selling agreement or | ||||||
| 7 | intends not to
extend or renew a franchise or selling | ||||||
| 8 | agreement on its expiration, it shall
send a letter by | ||||||
| 9 | certified mail, return
receipt requested, to the | ||||||
| 10 | affected
franchisee at least
60 days before the | ||||||
| 11 | effective date of the
proposed action, or not later | ||||||
| 12 | than 10 days before the proposed action when the
reason | ||||||
| 13 | for the action is based upon either of the following:
| ||||||
| 14 | (i) the
business operations of the franchisee | ||||||
| 15 | have been abandoned or
the franchisee has failed to | ||||||
| 16 | conduct customary sales and service operations
| ||||||
| 17 | during customary business hours for at least 7
| ||||||
| 18 | consecutive business
days unless such closing is | ||||||
| 19 | due to an act of God, strike or labor
difficulty or | ||||||
| 20 | other cause over which the franchisee has no | ||||||
| 21 | control; or
| ||||||
| 22 | (ii) the conviction of or plea of nolo
| ||||||
| 23 | contendere by the motor
vehicle dealer or any | ||||||
| 24 | operator thereof in a court of competent | ||||||
| 25 | jurisdiction
to an offense punishable by | ||||||
| 26 | imprisonment for more than two years.
| ||||||
| |||||||
| |||||||
| 1 | Each notice of proposed action shall include a | ||||||
| 2 | detailed statement
setting forth the specific grounds | ||||||
| 3 | for the proposed cancellation, termination,
or refusal | ||||||
| 4 | to extend or renew and shall state that the dealer has
| ||||||
| 5 | only 30 days from receipt of
the notice to file with | ||||||
| 6 | the Motor Vehicle Review Board a written protest
| ||||||
| 7 | against the proposed action.
| ||||||
| 8 | (B) If a manufacturer, distributor, wholesaler, | ||||||
| 9 | distributor branch or
division, factory branch or | ||||||
| 10 | division or wholesale branch or division intends
to | ||||||
| 11 | change substantially or modify the sales and service | ||||||
| 12 | obligations or
capital requirements of a motor vehicle | ||||||
| 13 | dealer as a condition to extending
or renewing the | ||||||
| 14 | existing franchise or selling agreement of such motor
| ||||||
| 15 | vehicle dealer, it shall
send a letter by certified | ||||||
| 16 | mail, return receipt requested, to the affected
| ||||||
| 17 | franchisee at
least 60
days
before the date of | ||||||
| 18 | expiration of the franchise or selling agreement. Each
| ||||||
| 19 | notice of proposed action shall include a detailed | ||||||
| 20 | statement setting forth
the specific grounds for the | ||||||
| 21 | proposed action
and shall state that the dealer has | ||||||
| 22 | only 30 days from receipt of
the notice to file with | ||||||
| 23 | the Motor Vehicle Review Board a written protest
| ||||||
| 24 | against the proposed action.
| ||||||
| 25 | (C) Within 30 days from receipt of the notice under
| ||||||
| 26 | subparagraphs (A) and (B),
the franchisee may file with | ||||||
| |||||||
| |||||||
| 1 | the Board a written
protest against the proposed | ||||||
| 2 | action.
| ||||||
| 3 | When the protest has been timely filed, the Board | ||||||
| 4 | shall enter an
order,
fixing a date (within 60 days of | ||||||
| 5 | the date of the order), time,
and place of a hearing on | ||||||
| 6 | the protest required under Sections 12 and 29
of this | ||||||
| 7 | Act, and send by certified mail, return receipt | ||||||
| 8 | requested, a copy of
the order to the manufacturer that | ||||||
| 9 | filed the notice of intention of the
proposed action | ||||||
| 10 | and to the protesting dealer or franchisee.
| ||||||
| 11 | The manufacturer shall have the burden of proof to | ||||||
| 12 | establish that good
cause exists to cancel or | ||||||
| 13 | terminate, or fail to extend or renew the franchise
or
| ||||||
| 14 | selling agreement of a motor vehicle dealer or | ||||||
| 15 | franchisee, and to change
substantially or modify the | ||||||
| 16 | sales and service obligations or capital
requirements | ||||||
| 17 | of a motor vehicle dealer as a condition to extending | ||||||
| 18 | or renewing
the existing franchise or selling | ||||||
| 19 | agreement. The determination whether good
cause exists | ||||||
| 20 | to cancel, terminate, or refuse to renew or extend the | ||||||
| 21 | franchise
or selling agreement, or to change or modify | ||||||
| 22 | the obligations of the dealer as a
condition to offer | ||||||
| 23 | renewal, replacement, or succession shall be made
by | ||||||
| 24 | the Board under subsection (d) of Section 12 of this | ||||||
| 25 | Act.
| ||||||
| 26 | (D) Notwithstanding the terms, conditions, or | ||||||
| |||||||
| |||||||
| 1 | provisions of a
franchise
or selling agreement, the | ||||||
| 2 | following shall not constitute good cause for
| ||||||
| 3 | cancelling or terminating or failing to extend or renew | ||||||
| 4 | the franchise or
selling agreement: (i) the change of | ||||||
| 5 | ownership or executive management of the
franchisee's | ||||||
| 6 | dealership; or (ii)
the
fact that the franchisee or | ||||||
| 7 | owner of an interest in the franchise owns, has
an | ||||||
| 8 | investment in, participates in the management of, or | ||||||
| 9 | holds a license for
the sale of the same or any other | ||||||
| 10 | line make of new motor vehicles.
| ||||||
| 11 | (E) The manufacturer may not cancel or terminate, | ||||||
| 12 | or fail to extend or
renew a franchise or selling | ||||||
| 13 | agreement or change or modify the obligations of
the | ||||||
| 14 | franchisee as a condition to offering a renewal, | ||||||
| 15 | replacement, or succeeding
franchise or selling | ||||||
| 16 | agreement before the hearing process is concluded as
| ||||||
| 17 | prescribed by this Act, and thereafter, if the Board | ||||||
| 18 | determines that the
manufacturer has failed to meet its | ||||||
| 19 | burden of proof and that good cause does
not exist to | ||||||
| 20 | allow the proposed action;
| ||||||
| 21 | (7) notwithstanding the terms of any franchise | ||||||
| 22 | agreement, to fail to
indemnify and hold harmless its | ||||||
| 23 | franchised dealers against any judgment
or settlement for | ||||||
| 24 | damages, including, but not limited to, court costs, expert
| ||||||
| 25 | witness fees, reasonable attorneys' fees of the new motor | ||||||
| 26 | vehicle
dealer, and other expenses incurred in the | ||||||
| |||||||
| |||||||
| 1 | litigation, so long as such fees
and costs are reasonable,
| ||||||
| 2 | arising out
of complaints, claims or lawsuits including, | ||||||
| 3 | but not limited to, strict
liability, negligence, | ||||||
| 4 | misrepresentation, warranty (express or implied),
or | ||||||
| 5 | recision of the sale as defined in Section 2-608 of the | ||||||
| 6 | Uniform Commercial
Code, to the extent that the judgment or | ||||||
| 7 | settlement relates to the alleged
defective or negligent | ||||||
| 8 | manufacture, assembly or design of new motor vehicles,
| ||||||
| 9 | parts or accessories or other functions by the | ||||||
| 10 | manufacturer, beyond the
control of the dealer; provided | ||||||
| 11 | that, in order to provide an adequate
defense, the | ||||||
| 12 | manufacturer receives notice of the filing of a complaint, | ||||||
| 13 | claim,
or lawsuit within 60 days after the filing;
| ||||||
| 14 | (8) to require or otherwise coerce a motor vehicle | ||||||
| 15 | dealer to underutilize the motor vehicle dealer's | ||||||
| 16 | facilities by requiring or otherwise coercing the motor | ||||||
| 17 | vehicle dealer to exclude or remove from the motor vehicle | ||||||
| 18 | dealer's facilities operations for selling or servicing of | ||||||
| 19 | any vehicles for which the motor vehicle dealer has a | ||||||
| 20 | franchise agreement with another manufacturer, | ||||||
| 21 | distributor, wholesaler, distribution branch or division, | ||||||
| 22 | or officer, agent, or other representative thereof; | ||||||
| 23 | provided, however, that, in light of all existing | ||||||
| 24 | circumstances, (i) the motor vehicle dealer maintains a | ||||||
| 25 | reasonable line of credit for each make or line of new | ||||||
| 26 | motor vehicle, (ii) the new motor vehicle dealer remains in | ||||||
| |||||||
| |||||||
| 1 | compliance with any reasonable facilities requirements of | ||||||
| 2 | the manufacturer, (iii) no change is made in the principal | ||||||
| 3 | management of the new motor vehicle dealer, and (iv) the | ||||||
| 4 | addition of the make or line of new motor vehicles would be | ||||||
| 5 | reasonable. The reasonable facilities requirement set | ||||||
| 6 | forth in item (ii) of subsection (d)(8) shall not include | ||||||
| 7 | any requirement that a franchisee establish or maintain | ||||||
| 8 | exclusive facilities, personnel, or display space. Any | ||||||
| 9 | decision by a motor vehicle dealer to sell additional makes | ||||||
| 10 | or lines at the motor vehicle dealer's facility shall be | ||||||
| 11 | presumed to be reasonable, and the manufacturer shall have | ||||||
| 12 | the burden to overcome that presumption. A motor vehicle | ||||||
| 13 | dealer must provide a written notification of its intent to | ||||||
| 14 | add a make or line of new motor vehicles to the | ||||||
| 15 | manufacturer. If the manufacturer does not respond to the | ||||||
| 16 | motor vehicle dealer, in writing, objecting to the addition | ||||||
| 17 | of the make or line within 60 days after the date that the | ||||||
| 18 | motor vehicle dealer sends the written notification, then | ||||||
| 19 | the manufacturer shall be deemed to have approved the | ||||||
| 20 | addition of the make or line; or | ||||||
| 21 | (9) to use or consider the performance of a motor | ||||||
| 22 | vehicle dealer relating to the sale of the manufacturer's, | ||||||
| 23 | distributor's, or wholesaler's vehicles or the motor | ||||||
| 24 | vehicle dealer's ability to satisfy any minimum sales or | ||||||
| 25 | market share quota or responsibility relating to the sale | ||||||
| 26 | of the manufacturer's, distributor's, or wholesaler's new | ||||||
| |||||||
| |||||||
| 1 | vehicles in determining: | ||||||
| 2 | (A) the motor vehicle dealer's eligibility to | ||||||
| 3 | purchase program, certified, or other used motor | ||||||
| 4 | vehicles from the manufacturer, distributor, or | ||||||
| 5 | wholesaler; | ||||||
| 6 | (B) the volume, type, or model of program, | ||||||
| 7 | certified, or other used motor vehicles that a motor | ||||||
| 8 | vehicle dealer is eligible to purchase from the | ||||||
| 9 | manufacturer, distributor, or wholesaler; | ||||||
| 10 | (C) the price of any program, certified, or other | ||||||
| 11 | used motor vehicle that the dealer is eligible to | ||||||
| 12 | purchase from the manufacturer, distributor, or | ||||||
| 13 | wholesaler; or | ||||||
| 14 | (D) the availability or amount of any discount, | ||||||
| 15 | credit, rebate, or sales incentive that the dealer is | ||||||
| 16 | eligible to receive from the manufacturer, | ||||||
| 17 | distributor, or wholesaler for the purchase of any | ||||||
| 18 | program, certified, or other used motor vehicle | ||||||
| 19 | offered for sale by the manufacturer, distributor, or | ||||||
| 20 | wholesaler. | ||||||
| 21 | (e) It shall be deemed a violation for a manufacturer, a | ||||||
| 22 | distributor,
a wholesaler, a distributor branch or division or | ||||||
| 23 | officer, agent or other
representative thereof:
| ||||||
| 24 | (1) to resort to or use any false or misleading | ||||||
| 25 | advertisement in
connection with his business as such | ||||||
| 26 | manufacturer, distributor, wholesaler,
distributor branch | ||||||
| |||||||
| |||||||
| 1 | or division or officer, agent or other representative
| ||||||
| 2 | thereof;
| ||||||
| 3 | (2) to offer to sell or lease, or to sell or lease, any | ||||||
| 4 | new motor vehicle
to any motor vehicle dealer at a lower | ||||||
| 5 | actual price therefor than the actual
price offered to any | ||||||
| 6 | other motor vehicle dealer for the same model vehicle
| ||||||
| 7 | similarly equipped or to utilize any device including, but | ||||||
| 8 | not limited to,
sales promotion plans or programs which | ||||||
| 9 | result in such lesser actual
price or fail to make | ||||||
| 10 | available to any motor vehicle dealer any
preferential | ||||||
| 11 | pricing, incentive, rebate, finance rate, or low interest | ||||||
| 12 | loan
program offered to competing motor vehicle dealers in | ||||||
| 13 | other contiguous states.
However, the provisions of this | ||||||
| 14 | paragraph shall not apply to sales
to a motor vehicle | ||||||
| 15 | dealer for resale to any unit of the United States
| ||||||
| 16 | Government, the State or any of its political subdivisions;
| ||||||
| 17 | (3) to offer to sell or lease, or to sell or lease, any | ||||||
| 18 | new motor vehicle
to any person, except a wholesaler, | ||||||
| 19 | distributor or manufacturer's employees
at a lower actual | ||||||
| 20 | price therefor than the actual price offered and charged
to | ||||||
| 21 | a motor vehicle dealer for the same model vehicle similarly | ||||||
| 22 | equipped or
to utilize any device which results in such | ||||||
| 23 | lesser actual price. However,
the provisions of this | ||||||
| 24 | paragraph shall not apply to sales to a motor
vehicle | ||||||
| 25 | dealer for resale to any unit of the United States | ||||||
| 26 | Government, the
State or any of its political subdivisions;
| ||||||
| |||||||
| |||||||
| 1 | (4) to prevent or attempt to prevent by contract or | ||||||
| 2 | otherwise any motor
vehicle dealer or franchisee from | ||||||
| 3 | changing the executive management control
of the motor
| ||||||
| 4 | vehicle dealer or franchisee unless the franchiser, having | ||||||
| 5 | the burden of
proof, proves that such change of executive | ||||||
| 6 | management will result in executive
management control by a | ||||||
| 7 | person or persons who are not of good moral character
or | ||||||
| 8 | who do not meet the franchiser's existing and, with | ||||||
| 9 | consideration given
to the volume of sales and service of | ||||||
| 10 | the dealership, uniformly applied
minimum business | ||||||
| 11 | experience standards in the market area. However where
the | ||||||
| 12 | manufacturer rejects a proposed change in executive | ||||||
| 13 | management
control, the manufacturer shall give written | ||||||
| 14 | notice of his reasons to the
dealer within 60 days of | ||||||
| 15 | notice to the manufacturer by the dealer of
the proposed | ||||||
| 16 | change. If the manufacturer does not send a letter to the
| ||||||
| 17 | franchisee by certified mail, return receipt requested, | ||||||
| 18 | within 60 days from
receipt by
the manufacturer of the | ||||||
| 19 | proposed change, then the change of the
executive | ||||||
| 20 | management control of the franchisee shall be deemed
| ||||||
| 21 | accepted as proposed by the franchisee, and the | ||||||
| 22 | manufacturer shall give
immediate
effect to such change;
| ||||||
| 23 | (5) to prevent or attempt to prevent by contract or | ||||||
| 24 | otherwise any motor
vehicle dealer from establishing or | ||||||
| 25 | changing the capital structure of his
dealership or the | ||||||
| 26 | means by or through which he finances the operation | ||||||
| |||||||
| |||||||
| 1 | thereof;
provided the dealer meets any reasonable capital | ||||||
| 2 | standards agreed to between
the dealer and the | ||||||
| 3 | manufacturer, distributor or wholesaler, who may require
| ||||||
| 4 | that the sources, method and manner by which the dealer | ||||||
| 5 | finances or intends
to finance its operation, equipment or | ||||||
| 6 | facilities be fully disclosed;
| ||||||
| 7 | (6) to refuse to give effect to or prevent or attempt | ||||||
| 8 | to prevent by
contract or otherwise any motor vehicle | ||||||
| 9 | dealer or any officer, partner or
stockholder of any motor | ||||||
| 10 | vehicle dealer from selling or transferring any
part of the | ||||||
| 11 | interest of any of them to any other person or persons or | ||||||
| 12 | party
or parties unless such sale or transfer is to a | ||||||
| 13 | transferee who would
not otherwise qualify for a new motor | ||||||
| 14 | vehicle dealers license under "The
Illinois Vehicle Code" | ||||||
| 15 | or unless the franchiser, having the burden of proof,
| ||||||
| 16 | proves that such sale or transfer is to a person or party | ||||||
| 17 | who is not of
good moral character or does not meet the | ||||||
| 18 | franchiser's existing and reasonable
capital standards | ||||||
| 19 | and, with consideration given to the volume of sales and
| ||||||
| 20 | service of the dealership, uniformly applied minimum | ||||||
| 21 | business experience
standards in the market area.
However, | ||||||
| 22 | nothing herein shall be construed to prevent a
franchiser | ||||||
| 23 | from implementing affirmative action programs providing | ||||||
| 24 | business
opportunities for minorities or from complying | ||||||
| 25 | with applicable federal,
State or local law:
| ||||||
| 26 | (A) If the manufacturer intends to refuse to | ||||||
| |||||||
| |||||||
| 1 | approve the sale or
transfer of all or a part of the | ||||||
| 2 | interest, then it shall, within 60 days from
receipt of | ||||||
| 3 | the completed application forms generally utilized by | ||||||
| 4 | a manufacturer
to conduct its review and a copy of all | ||||||
| 5 | agreements regarding the proposed
transfer, send a | ||||||
| 6 | letter by certified mail, return receipt requested, | ||||||
| 7 | advising
the franchisee of any refusal to approve the | ||||||
| 8 | sale or transfer of all or part of
the interest
and | ||||||
| 9 | shall state that the dealer only has 30 days from the | ||||||
| 10 | receipt of the
notice to file with the Motor Vehicle | ||||||
| 11 | Review Board a written protest against
the proposed | ||||||
| 12 | action.
The
notice shall set forth specific criteria | ||||||
| 13 | used to evaluate the prospective
transferee and the | ||||||
| 14 | grounds for refusing to approve the sale or transfer to
| ||||||
| 15 | that transferee. Within 30 days from the franchisee's | ||||||
| 16 | receipt of the
manufacturer's notice, the
franchisee | ||||||
| 17 | may file
with the Board a written protest against the | ||||||
| 18 | proposed action.
| ||||||
| 19 | When a protest has been timely filed, the Board | ||||||
| 20 | shall enter an
order, fixing the date (within 60 days | ||||||
| 21 | of the date of such
order), time, and place of a | ||||||
| 22 | hearing on the protest, required under
Sections 12 and | ||||||
| 23 | 29 of this Act, and send by certified mail, return | ||||||
| 24 | receipt
requested, a copy of the order to the | ||||||
| 25 | manufacturer that filed notice of
intention of the | ||||||
| 26 | proposed action and to the protesting franchisee.
| ||||||
| |||||||
| |||||||
| 1 | The manufacturer shall have the burden of proof to | ||||||
| 2 | establish that good
cause exists to refuse to approve | ||||||
| 3 | the sale or transfer to the transferee. The
| ||||||
| 4 | determination whether good cause exists to refuse to | ||||||
| 5 | approve the sale or
transfer shall be made by the Board | ||||||
| 6 | under subdivisions (6)(B).
The manufacturer shall not | ||||||
| 7 | refuse to approve the sale or transfer
by
a dealer or | ||||||
| 8 | an officer, partner, or stockholder of a franchise or | ||||||
| 9 | any part
of the interest to any person or persons | ||||||
| 10 | before the hearing process is
concluded as prescribed | ||||||
| 11 | by this Act, and thereafter if the Board determines
| ||||||
| 12 | that the manufacturer has failed to meet its burden of | ||||||
| 13 | proof and that good
cause does not exist to refuse to | ||||||
| 14 | approve the sale or transfer to the
transferee.
| ||||||
| 15 | (B) Good cause to refuse to approve such sale or | ||||||
| 16 | transfer under this
Section is established when such | ||||||
| 17 | sale or transfer is to a transferee who would
not | ||||||
| 18 | otherwise qualify for a new motor vehicle dealers | ||||||
| 19 | license under "The
Illinois Vehicle Code" or such sale | ||||||
| 20 | or transfer is to a person or party who is
not of good | ||||||
| 21 | moral character or does not meet the franchiser's | ||||||
| 22 | existing and
reasonable capital standards and, with | ||||||
| 23 | consideration given to the volume of
sales and service | ||||||
| 24 | of the dealership, uniformly applied minimum business
| ||||||
| 25 | experience standards in the market area.
| ||||||
| 26 | (7) to obtain money, goods, services, anything of | ||||||
| |||||||
| |||||||
| 1 | value, or any other
benefit from any other person with whom | ||||||
| 2 | the motor vehicle dealer does business,
on account of or in | ||||||
| 3 | relation to the transactions between the dealer and
the | ||||||
| 4 | other person as compensation, except for services actually | ||||||
| 5 | rendered,
unless such benefit is promptly accounted for and | ||||||
| 6 | transmitted to the motor
vehicle dealer;
| ||||||
| 7 | (8) to grant an additional franchise in the relevant | ||||||
| 8 | market area of an
existing franchise of the same line make | ||||||
| 9 | or to relocate an existing motor
vehicle dealership within | ||||||
| 10 | or into a relevant market area of an existing
franchise of | ||||||
| 11 | the same line make.
However, if the manufacturer wishes to
| ||||||
| 12 | grant such an additional franchise to an independent person | ||||||
| 13 | in a bona fide
relationship in which such person is | ||||||
| 14 | prepared to make a significant
investment subject to loss | ||||||
| 15 | in such a dealership, or if the manufacturer
wishes to | ||||||
| 16 | relocate an existing motor vehicle dealership, then the
| ||||||
| 17 | manufacturer shall send a letter
by certified mail, return | ||||||
| 18 | receipt requested, to each existing dealer or dealers
of | ||||||
| 19 | the same line make whose relevant
market area includes the | ||||||
| 20 | proposed location of the additional or relocated
franchise | ||||||
| 21 | at least
60 days before the manufacturer grants an | ||||||
| 22 | additional franchise or relocates an
existing franchise of | ||||||
| 23 | the same line make within or into the relevant market
area | ||||||
| 24 | of an existing
franchisee of the same line make. Each | ||||||
| 25 | notice shall set forth the specific
grounds for the | ||||||
| 26 | proposed grant of an additional or relocation of an | ||||||
| |||||||
| |||||||
| 1 | existing
franchise and shall state that the dealer has only | ||||||
| 2 | 30 days from the date of receipt of the notice to file with | ||||||
| 3 | the Motor Vehicle Review Board a written protest against | ||||||
| 4 | the proposed action. Unless the parties agree upon the | ||||||
| 5 | grant or establishment of the
additional or relocated | ||||||
| 6 | franchise within 30 days from the date the
notice was
| ||||||
| 7 | received by the existing franchisee of the same line make | ||||||
| 8 | or any person
entitled to receive such notice, the | ||||||
| 9 | franchisee or other person may file
with the Board a | ||||||
| 10 | written protest against the grant or establishment of the
| ||||||
| 11 | proposed additional or relocated franchise.
| ||||||
| 12 | When a protest has been timely filed, the Board shall | ||||||
| 13 | enter an order
fixing a date (within 60 days of the date of | ||||||
| 14 | the order), time,
and place of a hearing on the protest, | ||||||
| 15 | required under Sections 12 and 29
of this Act, and send by | ||||||
| 16 | certified or registered mail, return receipt
requested, a | ||||||
| 17 | copy of the order to the manufacturer that filed the notice | ||||||
| 18 | of
intention to grant or establish the proposed additional | ||||||
| 19 | or relocated
franchise and to the protesting dealer or | ||||||
| 20 | dealers of the same line make
whose
relevant market area | ||||||
| 21 | includes the proposed location of the additional or
| ||||||
| 22 | relocated franchise.
| ||||||
| 23 | When more than one protest is filed against the grant | ||||||
| 24 | or establishment of
the
additional or relocated franchise | ||||||
| 25 | of the same line make, the Board may
consolidate the | ||||||
| 26 | hearings to expedite disposition of the matter. The
| ||||||
| |||||||
| |||||||
| 1 | manufacturer shall have the burden of proof to establish | ||||||
| 2 | that good cause
exists to allow the grant or establishment | ||||||
| 3 | of the additional or relocated
franchise. The manufacturer | ||||||
| 4 | may not grant or establish the additional
franchise or | ||||||
| 5 | relocate the existing franchise before the hearing process | ||||||
| 6 | is
concluded as prescribed by this Act, and thereafter if | ||||||
| 7 | the Board determines
that the manufacturer has failed to | ||||||
| 8 | meet its burden of proof and that good
cause does not exist | ||||||
| 9 | to allow the grant or establishment of the additional
| ||||||
| 10 | franchise or relocation of the existing franchise.
| ||||||
| 11 | The determination whether good cause exists for | ||||||
| 12 | allowing the grant or
establishment of an additional | ||||||
| 13 | franchise or relocated existing franchise,
shall be made by | ||||||
| 14 | the Board under subsection (c) of Section 12 of this Act.
| ||||||
| 15 | If the manufacturer seeks to enter
into a contract, | ||||||
| 16 | agreement or other arrangement with any person,
| ||||||
| 17 | establishing any additional motor vehicle dealership or | ||||||
| 18 | other facility,
limited to the sale of factory repurchase | ||||||
| 19 | vehicles or late model vehicles,
then the manufacturer | ||||||
| 20 | shall follow the notice procedures set forth in this
| ||||||
| 21 | Section and the
determination whether good cause exists for | ||||||
| 22 | allowing the proposed agreement
shall be made by the Board | ||||||
| 23 | under subsection (c) of Section 12, with the
manufacturer | ||||||
| 24 | having
the burden of proof.
| ||||||
| 25 | A. (Blank).
| ||||||
| 26 | B. For the purposes of this Section, appointment of | ||||||
| |||||||
| |||||||
| 1 | a successor motor
vehicle dealer at the same location | ||||||
| 2 | as its predecessor, or within 2 miles
of such location,
| ||||||
| 3 | or the relocation of an existing dealer or franchise | ||||||
| 4 | within 2 miles of
the relocating dealer's or | ||||||
| 5 | franchisee's existing location,
shall not be construed | ||||||
| 6 | as a grant, establishment or the
entering into of an | ||||||
| 7 | additional franchise or selling agreement, or a
| ||||||
| 8 | relocation of an existing franchise. The reopening
of a | ||||||
| 9 | motor vehicle dealership that has not been in operation | ||||||
| 10 | for 18 months
or more shall be deemed the grant of an | ||||||
| 11 | additional franchise or selling
agreement.
| ||||||
| 12 | C. This Section does not apply to the relocation of | ||||||
| 13 | an existing
dealership or franchise in a county having | ||||||
| 14 | a population of more than
300,000 persons when the new | ||||||
| 15 | location is within the dealer's current
relevant | ||||||
| 16 | market area, provided the new location is more than 7 | ||||||
| 17 | miles from
the nearest dealer of the same line make. | ||||||
| 18 | This Section does not apply to
the relocation of an | ||||||
| 19 | existing dealership or franchise in a county having a
| ||||||
| 20 | population of less than 300,000 persons when the new | ||||||
| 21 | location is within the
dealer's current relevant | ||||||
| 22 | market area, provided the new location is more
than 12 | ||||||
| 23 | miles from the nearest dealer of the same line make. A | ||||||
| 24 | dealer that would be farther away
from the new location | ||||||
| 25 | of an existing dealership or
franchise of the same line | ||||||
| 26 | make after a relocation may not
file a written protest | ||||||
| |||||||
| |||||||
| 1 | against the relocation with the
Motor Vehicle Review | ||||||
| 2 | Board.
| ||||||
| 3 | D. Nothing in this Section shall be construed to | ||||||
| 4 | prevent a
franchiser from implementing affirmative | ||||||
| 5 | action programs providing business
opportunities for | ||||||
| 6 | minorities or from complying with applicable federal,
| ||||||
| 7 | State or local law;
| ||||||
| 8 | (9) to require a motor vehicle dealer to assent to a | ||||||
| 9 | release, assignment,
novation, waiver or estoppel which | ||||||
| 10 | would relieve any person from liability
imposed by this | ||||||
| 11 | Act;
| ||||||
| 12 | (10) to prevent or refuse to give effect to the | ||||||
| 13 | succession to the
ownership or management control of a | ||||||
| 14 | dealership by any legatee under the
will of a dealer or to | ||||||
| 15 | an heir under the laws of descent and distribution
of this | ||||||
| 16 | State unless the franchisee has designated a successor to | ||||||
| 17 | the ownership
or management control under the succession | ||||||
| 18 | provisions of the franchise.
Unless the
franchiser, having | ||||||
| 19 | the burden of proof, proves that the successor
is a person | ||||||
| 20 | who is not of good moral character or does not meet the
| ||||||
| 21 | franchiser's existing and reasonable capital standards | ||||||
| 22 | and, with consideration
given to the volume of sales and | ||||||
| 23 | service of the dealership, uniformly applied
minimum | ||||||
| 24 | business experience standards in the market area, any | ||||||
| 25 | designated
successor of a dealer or franchisee may succeed | ||||||
| 26 | to the ownership or management
control of a dealership | ||||||
| |||||||
| |||||||
| 1 | under the existing franchise if:
| ||||||
| 2 | (i) The designated successor gives the | ||||||
| 3 | franchiser written notice by
certified mail, | ||||||
| 4 | return receipt requested, of his or her intention | ||||||
| 5 | to succeed to
the ownership of the dealer within 60 | ||||||
| 6 | days of the dealer's death or incapacity;
and
| ||||||
| 7 | (ii) The designated successor agrees to be | ||||||
| 8 | bound by all the terms
and
conditions of the | ||||||
| 9 | existing franchise.
| ||||||
| 10 | Notwithstanding the foregoing, in the event the motor | ||||||
| 11 | vehicle dealer or
franchisee and manufacturer have duly | ||||||
| 12 | executed an agreement concerning
succession rights prior | ||||||
| 13 | to the dealer's death or incapacitation, the agreement
| ||||||
| 14 | shall be observed.
| ||||||
| 15 | (A) If the franchiser intends to refuse to honor | ||||||
| 16 | the successor to the
ownership of a deceased or | ||||||
| 17 | incapacitated dealer or franchisee under an
existing | ||||||
| 18 | franchise agreement, the franchiser shall send a | ||||||
| 19 | letter by certified
mail, return receipt requested, to | ||||||
| 20 | the
designated successor within
60 days
from receipt of | ||||||
| 21 | a proposal advising of its intent to refuse to honor | ||||||
| 22 | the
succession and to discontinue the existing | ||||||
| 23 | franchise agreement
and shall state that the | ||||||
| 24 | designated successor only has 30 days from the
receipt | ||||||
| 25 | of the notice to file with the Motor Vehicle Review | ||||||
| 26 | Board a written
protest against the proposed action.
| ||||||
| |||||||
| |||||||
| 1 | The notice shall set forth the
specific grounds for the | ||||||
| 2 | refusal to honor the succession and discontinue the
| ||||||
| 3 | existing franchise agreement.
| ||||||
| 4 | If notice of refusal is not timely served upon the | ||||||
| 5 | designated
successor,
the franchise agreement shall | ||||||
| 6 | continue in effect subject to termination only as
| ||||||
| 7 | otherwise permitted by paragraph (6) of subsection (d) | ||||||
| 8 | of Section 4 of this
Act.
| ||||||
| 9 | Within 30 days from the date the notice was | ||||||
| 10 | received by the
designated
successor or any other | ||||||
| 11 | person entitled to notice, the designee or other
person | ||||||
| 12 | may file with the Board a written protest against the | ||||||
| 13 | proposed action.
| ||||||
| 14 | When a protest has been timely filed, the Board | ||||||
| 15 | shall enter an
order,
fixing a date (within 60 days of | ||||||
| 16 | the date of the order), time,
and place of a hearing on | ||||||
| 17 | the protest, required under Sections 12 and 29
of this | ||||||
| 18 | Act, and send by certified mail, return receipt | ||||||
| 19 | requested, a copy of
the order to the franchiser that | ||||||
| 20 | filed the notice of intention of the
proposed action | ||||||
| 21 | and to the protesting designee or such other person.
| ||||||
| 22 | The manufacturer shall have the burden of proof to | ||||||
| 23 | establish that good
cause exists to refuse to honor the | ||||||
| 24 | succession and discontinue the existing
franchise | ||||||
| 25 | agreement. The determination whether good cause exists | ||||||
| 26 | to refuse to
honor the succession shall be made by the | ||||||
| |||||||
| |||||||
| 1 | Board under subdivision (B) of this
paragraph (10). The | ||||||
| 2 | manufacturer shall not refuse to honor the succession | ||||||
| 3 | or
discontinue the existing franchise agreement before | ||||||
| 4 | the hearing process is
concluded as prescribed by this | ||||||
| 5 | Act, and thereafter if the Board determines
that it has | ||||||
| 6 | failed to meet its burden of proof and that good cause | ||||||
| 7 | does not
exist to refuse to honor the succession and | ||||||
| 8 | discontinue the existing
franchise agreement.
| ||||||
| 9 | (B) No manufacturer shall impose any conditions | ||||||
| 10 | upon honoring the
succession and continuing the | ||||||
| 11 | existing franchise agreement with the designated
| ||||||
| 12 | successor other than that the franchisee has | ||||||
| 13 | designated a successor to the
ownership or management | ||||||
| 14 | control under the succession provisions of the
| ||||||
| 15 | franchise, or that the designated successor is of good | ||||||
| 16 | moral character or meets
the reasonable capital | ||||||
| 17 | standards and, with consideration given to the volume | ||||||
| 18 | of
sales and service of the dealership, uniformly | ||||||
| 19 | applied minimum business
experience standards in the | ||||||
| 20 | market area;
| ||||||
| 21 | (11) to prevent or refuse to approve a proposal to | ||||||
| 22 | establish a successor
franchise at a location previously | ||||||
| 23 | approved by the franchiser when submitted
with the | ||||||
| 24 | voluntary termination by the existing franchisee unless | ||||||
| 25 | the successor
franchisee would not otherwise qualify for a | ||||||
| 26 | new motor vehicle dealer's
license under the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code or unless the franchiser, having
the burden of | ||||||
| 2 | proof, proves that such proposed successor is not of good
| ||||||
| 3 | moral character or does not meet the franchiser's existing | ||||||
| 4 | and reasonable
capital standards and, with consideration | ||||||
| 5 | given to the volume of sales and
service of the dealership, | ||||||
| 6 | uniformly applied minimum business experience
standards in | ||||||
| 7 | the market area. However, when such a rejection
of a | ||||||
| 8 | proposal is made, the manufacturer shall give written | ||||||
| 9 | notice of its
reasons to the franchisee within 60 days of | ||||||
| 10 | receipt by the manufacturer
of the proposal. However, | ||||||
| 11 | nothing herein shall be construed
to prevent a franchiser | ||||||
| 12 | from implementing affirmative action programs providing
| ||||||
| 13 | business opportunities for minorities, or from complying | ||||||
| 14 | with applicable
federal, State or local law;
| ||||||
| 15 | (12) to prevent or refuse to grant a franchise to a | ||||||
| 16 | person because such
person owns, has investment in or | ||||||
| 17 | participates in the management of or holds
a franchise for | ||||||
| 18 | the sale of another make or line of motor vehicles within
7 | ||||||
| 19 | miles of the proposed franchise location in a county having | ||||||
| 20 | a population
of more than 300,000 persons, or within 12 | ||||||
| 21 | miles of the proposed franchise
location in a county having | ||||||
| 22 | a population of less than 300,000
persons; or
| ||||||
| 23 | (13) to prevent or attempt to prevent any new motor | ||||||
| 24 | vehicle dealer
from establishing any additional motor | ||||||
| 25 | vehicle dealership or other facility
limited to the sale of | ||||||
| 26 | factory repurchase vehicles or late model vehicles
or | ||||||
| |||||||
| |||||||
| 1 | otherwise offering for sale factory repurchase vehicles of | ||||||
| 2 | the same line
make at an existing franchise by failing to | ||||||
| 3 | make
available any contract, agreement or other | ||||||
| 4 | arrangement which is made
available or otherwise offered to | ||||||
| 5 | any person.
| ||||||
| 6 | (f) It is deemed a violation for a manufacturer, a | ||||||
| 7 | distributor, a
wholesale,
a distributor
branch or division, a | ||||||
| 8 | factory branch or division, or a wholesale branch or
division, | ||||||
| 9 | or
officer, agent, broker, shareholder, except a shareholder of | ||||||
| 10 | 1% or less of the
outstanding
shares of any class of securities | ||||||
| 11 | of a manufacturer, distributor, or wholesaler
which is a
| ||||||
| 12 | publicly traded corporation, or other representative, directly | ||||||
| 13 | or indirectly,
to own or
operate a place of business as a motor | ||||||
| 14 | vehicle franchisee or motor vehicle
financing
affiliate, | ||||||
| 15 | except that, this subsection shall not prohibit the ownership | ||||||
| 16 | or
operation of a
place of business by a manufacturer, | ||||||
| 17 | distributor, or wholesaler for a period,
not to exceed
18 | ||||||
| 18 | months, during the transition from one motor vehicle franchisee | ||||||
| 19 | to another;
or the
investment in a motor vehicle franchisee by | ||||||
| 20 | a manufacturer, distributor, or
wholesaler if
the investment is | ||||||
| 21 | for the sole purpose of enabling a partner or shareholder in
| ||||||
| 22 | that motor
vehicle franchisee to acquire an interest in that | ||||||
| 23 | motor vehicle franchisee and
that partner
or shareholder is not | ||||||
| 24 | otherwise employed by or associated with the
manufacturer,
| ||||||
| 25 | distributor, or wholesaler and would not otherwise have the | ||||||
| 26 | requisite capital
investment
funds to invest in the motor | ||||||
| |||||||
| |||||||
| 1 | vehicle franchisee, and has the right to purchase
the entire
| ||||||
| 2 | equity interest of the manufacturer, distributor, or | ||||||
| 3 | wholesaler in the motor
vehicle
franchisee within a reasonable | ||||||
| 4 | period of time not to exceed 5 years.
| ||||||
| 5 | (g) Notwithstanding the terms, provisions, or conditions | ||||||
| 6 | of any agreement or
waiver, it shall be deemed a violation for | ||||||
| 7 | a manufacturer, a distributor,
a wholesaler, a distributor | ||||||
| 8 | branch or division, a factory branch or division,
or a | ||||||
| 9 | wholesale branch or division, or officer, agent or other | ||||||
| 10 | representative
thereof, to directly or indirectly condition | ||||||
| 11 | the awarding of a franchise to a
prospective new motor vehicle | ||||||
| 12 | dealer, the addition of a line make or
franchise to an existing | ||||||
| 13 | dealer, the renewal of a franchise of an existing
dealer, the | ||||||
| 14 | approval of the relocation of an existing dealer's facility, or | ||||||
| 15 | the
approval of the sale or transfer of the ownership of a | ||||||
| 16 | franchise on the
willingness of a dealer, proposed new dealer, | ||||||
| 17 | or owner of an interest in the
dealership facility to enter | ||||||
| 18 | into a site control agreement or exclusive use
agreement unless | ||||||
| 19 | separate and reasonable consideration was offered and accepted | ||||||
| 20 | for that agreement. | ||||||
| 21 | For purposes of this subsection (g), the terms "site | ||||||
| 22 | control
agreement" and "exclusive use agreement" include any | ||||||
| 23 | agreement that has
the effect of either (i) requiring that the | ||||||
| 24 | dealer establish or maintain
exclusive dealership facilities; | ||||||
| 25 | or (ii) restricting the ability of the dealer, or
the ability | ||||||
| 26 | of the dealer's lessor in the event the dealership facility is | ||||||
| |||||||
| |||||||
| 1 | being
leased, to transfer, sell, lease, or change the use of | ||||||
| 2 | the dealership premises,
whether by sublease, lease, | ||||||
| 3 | collateral pledge of lease, or other similar agreement. "Site | ||||||
| 4 | control agreement" and "exclusive use agreement" also include a | ||||||
| 5 | manufacturer restricting the ability of a dealer to transfer, | ||||||
| 6 | sell, or lease the dealership premises by right of first | ||||||
| 7 | refusal to purchase or lease, option to purchase, or option to | ||||||
| 8 | lease if the transfer, sale, or lease of the dealership | ||||||
| 9 | premises is to a person who is an immediate family member of | ||||||
| 10 | the dealer. For the purposes of this subsection (g), "immediate | ||||||
| 11 | family member" means a spouse, parent, son, daughter, | ||||||
| 12 | son-in-law, daughter-in-law, brother, and sister. | ||||||
| 13 | If a manufacturer exercises any right of first refusal to | ||||||
| 14 | purchase or lease or option to purchase or lease with regard to | ||||||
| 15 | a transfer, sale, or lease of the dealership premises to a | ||||||
| 16 | person who is not an immediate family member of the dealer, | ||||||
| 17 | then (1) within 60 days from the receipt of the completed | ||||||
| 18 | application forms generally utilized by a manufacturer to | ||||||
| 19 | conduct its review and a copy of all agreements regarding the | ||||||
| 20 | proposed transfer, the manufacturer must notify the dealer of | ||||||
| 21 | its intent to exercise the right of first refusal to purchase | ||||||
| 22 | or lease or option to purchase or lease and (2) the exercise of | ||||||
| 23 | the right of first refusal to purchase or lease or option to | ||||||
| 24 | purchase or lease must result in the dealer receiving | ||||||
| 25 | consideration, terms, and conditions that either are the same | ||||||
| 26 | as or greater than that which they have contracted to receive | ||||||
| |||||||
| |||||||
| 1 | in connection with the proposed transfer, sale, or lease of the | ||||||
| 2 | dealership premises. | ||||||
| 3 | Any provision
contained in any agreement entered into on or | ||||||
| 4 | after the effective date of this amendatory Act of the 96th | ||||||
| 5 | General Assembly that is inconsistent with the provisions of | ||||||
| 6 | this subsection (g) shall be
voidable at the election of the | ||||||
| 7 | affected dealer, prospective dealer, or owner
of an interest in | ||||||
| 8 | the dealership facility. | ||||||
| 9 | (h) For purposes of this subsection: | ||||||
| 10 | "Successor manufacturer" means any motor vehicle | ||||||
| 11 | manufacturer that, on or after January 1, 2009, acquires, | ||||||
| 12 | succeeds to, or
assumes any part of the business of another | ||||||
| 13 | manufacturer, referred to as the
"predecessor manufacturer", | ||||||
| 14 | as the result of any of the following: | ||||||
| 15 | (i) A change in ownership, operation, or control of the | ||||||
| 16 | predecessor
manufacturer by sale or transfer of assets, | ||||||
| 17 | corporate stock or other
equity interest, assignment, | ||||||
| 18 | merger, consolidation, combination, joint
venture, | ||||||
| 19 | redemption, court-approved sale, operation of law or
| ||||||
| 20 | otherwise. | ||||||
| 21 | (ii) The termination, suspension, or cessation of a | ||||||
| 22 | part or all of the
business operations of the predecessor | ||||||
| 23 | manufacturer. | ||||||
| 24 | (iii) The discontinuance of the sale of the product | ||||||
| 25 | line. | ||||||
| 26 | (iv) A change in distribution system by the predecessor | ||||||
| |||||||
| |||||||
| 1 | manufacturer,
whether through a change in distributor or | ||||||
| 2 | the predecessor
manufacturer's decision to cease | ||||||
| 3 | conducting business through a
distributor altogether. | ||||||
| 4 | "Former Franchisee" means a new motor vehicle dealer that | ||||||
| 5 | has entered into a franchise with a predecessor manufacturer | ||||||
| 6 | and that has either: | ||||||
| 7 | (i) entered into a termination agreement or deferred | ||||||
| 8 | termination
agreement with a predecessor or successor | ||||||
| 9 | manufacturer related to
such franchise; or | ||||||
| 10 | (ii) has had such franchise canceled, terminated, | ||||||
| 11 | nonrenewed,
noncontinued, rejected, nonassumed, or | ||||||
| 12 | otherwise ended. | ||||||
| 13 | For a period of 3 years from: (i) the date that a successor | ||||||
| 14 | manufacturer acquires, succeeds to, or assumes any part of the | ||||||
| 15 | business of a predecessor manufacturer; (ii) the last day that | ||||||
| 16 | a former franchisee is authorized to remain in business as a | ||||||
| 17 | franchised dealer with respect to a particular franchise under | ||||||
| 18 | a termination agreement or deferred termination agreement with | ||||||
| 19 | a predecessor or successor manufacturer; (iii) the last day | ||||||
| 20 | that a former franchisee that was cancelled, terminated, | ||||||
| 21 | nonrenewed, noncontinued, rejected, nonassumed, or otherwise | ||||||
| 22 | ended by a predecessor or successor manufacturer is authorized | ||||||
| 23 | to remain in business as a franchised dealer with respect to a | ||||||
| 24 | particular franchise; or (iv) the effective date of this | ||||||
| 25 | amendatory Act of the 96th General Assembly, whichever is | ||||||
| 26 | latest, it shall be unlawful for such successor manufacturer to | ||||||
| |||||||
| |||||||
| 1 | enter into a same line make franchise with any
person or to | ||||||
| 2 | permit the relocation of any existing same line
make franchise, | ||||||
| 3 | for a line make of the predecessor manufacturer that would be | ||||||
| 4 | located or
relocated within the relevant market area of a | ||||||
| 5 | former franchisee who owned or leased a
dealership facility in | ||||||
| 6 | that relevant market area without first offering the additional | ||||||
| 7 | or relocated
franchise to the former franchisee, or the | ||||||
| 8 | designated successor of such former franchisee in the
event the | ||||||
| 9 | former franchisee is deceased or a person with a disability | ||||||
| 10 | disabled, at no cost and without any requirements or
| ||||||
| 11 | restrictions other than those imposed generally on the | ||||||
| 12 | manufacturer's other franchisees at that
time, unless one of | ||||||
| 13 | the following applies: | ||||||
| 14 | (1) As a result of the former franchisee's | ||||||
| 15 | cancellation, termination,
noncontinuance, or nonrenewal | ||||||
| 16 | of the franchise, the predecessor
manufacturer had | ||||||
| 17 | consolidated the line make with another of its line makes
| ||||||
| 18 | for which the predecessor manufacturer had a franchisee | ||||||
| 19 | with a then-existing
dealership facility located within | ||||||
| 20 | that relevant market area. | ||||||
| 21 | (2) The successor manufacturer has paid the former | ||||||
| 22 | franchisee, or the
designated successor of such former | ||||||
| 23 | franchisee in the event the former
franchisee is deceased | ||||||
| 24 | or a person with a disability disabled, the fair market | ||||||
| 25 | value of the former
franchisee's franchise on (i) the date | ||||||
| 26 | the franchisor announces the action which results in the | ||||||
| |||||||
| |||||||
| 1 | termination, cancellation, or nonrenewal; or (ii) the date | ||||||
| 2 | the action which results in termination, cancellation, or | ||||||
| 3 | nonrenewal first became general knowledge; or (iii) the day | ||||||
| 4 | 12 months prior to the date on which the notice of | ||||||
| 5 | termination, cancellation, or nonrenewal is issued, | ||||||
| 6 | whichever amount is higher. Payment is due within 90 days | ||||||
| 7 | of the effective date of the termination, cancellation, or | ||||||
| 8 | nonrenewal. If the termination, cancellation, or | ||||||
| 9 | nonrenewal is due to a manufacturer's change in | ||||||
| 10 | distributors, the manufacturer may avoid paying fair | ||||||
| 11 | market value to the dealer if the new distributor or the | ||||||
| 12 | manufacturer offers the dealer a franchise agreement with | ||||||
| 13 | terms acceptable to the dealer. | ||||||
| 14 | (3) The successor manufacturer proves that it would | ||||||
| 15 | have had good cause to terminate the franchise agreement of | ||||||
| 16 | the former franchisee, or the successor of the former | ||||||
| 17 | franchisee under item (e)(10) in the event that the former | ||||||
| 18 | franchisee is deceased or a person with a disability | ||||||
| 19 | disabled. The determination of whether the successor | ||||||
| 20 | manufacturer would have had good cause to terminate the | ||||||
| 21 | franchise agreement of the former franchisee, or the | ||||||
| 22 | successor of the former franchisee, shall be made by the | ||||||
| 23 | Board under subsection (d) of Section 12. A successor | ||||||
| 24 | manufacturer that seeks to assert that it would have had | ||||||
| 25 | good cause to terminate a former franchisee, or the | ||||||
| 26 | successor of the former franchisee, must file a petition | ||||||
| |||||||
| |||||||
| 1 | seeking a hearing on this issue before the Board and shall | ||||||
| 2 | have the burden of proving that it would have had good | ||||||
| 3 | cause to terminate the former franchisee or the successor | ||||||
| 4 | of the former franchisee. No successor dealer, other than | ||||||
| 5 | the former franchisee, may be appointed or franchised by | ||||||
| 6 | the successor manufacturer within the relevant market area | ||||||
| 7 | of the former franchisee until the Board has held a hearing | ||||||
| 8 | and rendered a determination on the issue of whether the | ||||||
| 9 | successor manufacturer would have had good cause to | ||||||
| 10 | terminate the former franchisee. | ||||||
| 11 | In the event that a successor manufacturer attempts to | ||||||
| 12 | enter into a same line make franchise with any person or to | ||||||
| 13 | permit the relocation of any existing line make franchise under | ||||||
| 14 | this subsection (h) at a location that is within the relevant | ||||||
| 15 | market area of 2 or more former franchisees, then the successor | ||||||
| 16 | manufacturer may not offer it to any person other than one of | ||||||
| 17 | those former franchisees unless the successor manufacturer can | ||||||
| 18 | prove that at least one of the 3 exceptions in items (1), (2), | ||||||
| 19 | and (3) of this subsection (h) applies to each of those former | ||||||
| 20 | franchisees. | ||||||
| 21 | (Source: P.A. 96-11, eff. 5-22-09; 96-824, eff. 11-25-09.)
| ||||||
| 22 | Section 1050. The Minimum Wage Law is amended by changing | ||||||
| 23 | Sections 4 and 10 as follows:
| ||||||
| 24 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 4. (a)(1) Every employer shall pay to each of his | ||||||
| 2 | employees in every
occupation wages of not less than $2.30 per | ||||||
| 3 | hour or in the case of
employees under 18 years of age wages of | ||||||
| 4 | not less than $1.95 per hour,
except as provided in Sections 5 | ||||||
| 5 | and 6 of this Act, and on and after
January 1, 1984, every | ||||||
| 6 | employer shall pay to each of his employees in every
occupation | ||||||
| 7 | wages of not less than $2.65 per hour or in the case of
| ||||||
| 8 | employees under 18 years of age wages of not less than $2.25 | ||||||
| 9 | per hour, and
on and after October 1, 1984 every employer shall | ||||||
| 10 | pay to each of his
employees in every occupation wages of not | ||||||
| 11 | less than $3.00 per hour or in
the case of employees under 18 | ||||||
| 12 | years of age wages of not less than $2.55
per hour, and on or | ||||||
| 13 | after July 1, 1985 every employer shall pay to each of
his | ||||||
| 14 | employees in every occupation wages of not less than $3.35 per | ||||||
| 15 | hour or
in the case of employees under 18 years of age wages of | ||||||
| 16 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
| 17 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
| 18 | her employees who is 18 years of age or older in every
| ||||||
| 19 | occupation wages of not less than $5.50 per hour, and from
| ||||||
| 20 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
| 21 | to each of his or her employees who is 18 years
of age or older | ||||||
| 22 | in every occupation wages of not less than $6.50 per hour, and | ||||||
| 23 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
| 24 | pay to each of his or her employees who is 18 years
of age or | ||||||
| 25 | older in every occupation wages of not less than $7.50 per | ||||||
| 26 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
| |||||||
| |||||||
| 1 | employer shall pay to each of his or her employees who is 18 | ||||||
| 2 | years
of age or older in every occupation wages of not less | ||||||
| 3 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
| 4 | 2010 every employer shall pay to each of his or her employees | ||||||
| 5 | who is 18 years
of age or older in every occupation wages of | ||||||
| 6 | not less than $8.00 per hour, and on and after July 1, 2010 | ||||||
| 7 | every employer shall pay to each of his or her employees who is | ||||||
| 8 | 18 years of age or older in every occupation wages of not less | ||||||
| 9 | than $8.25 per hour.
| ||||||
| 10 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
| 11 | then in lieu of the rate prescribed in item (1) of this | ||||||
| 12 | subsection (a), an employer may pay an employee who is 18 years | ||||||
| 13 | of age or older, during the first 90 consecutive calendar days | ||||||
| 14 | after the employee is initially employed by the employer, a | ||||||
| 15 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
| 16 | item (1) of this subsection (a); however, an employer shall pay | ||||||
| 17 | not less than the rate prescribed in item (1) of this | ||||||
| 18 | subsection (a) to: | ||||||
| 19 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
| 20 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
| 21 | years of age or older; and | ||||||
| 22 | (B) an employee who is 18 years of age or older and | ||||||
| 23 | whose employment is occasional or irregular and
requires | ||||||
| 24 | not more than 90 days to complete. | ||||||
| 25 | (3) At no time
shall the wages paid to any employee under | ||||||
| 26 | 18 years of age be more than 50¢
less than the wage required to | ||||||
| |||||||
| |||||||
| 1 | be paid to employees who are at least 18 years
of age under | ||||||
| 2 | item (1) of this subsection (a).
| ||||||
| 3 | (b) No employer shall discriminate between employees on the | ||||||
| 4 | basis of sex
or mental or physical disability handicap, except | ||||||
| 5 | as otherwise provided in this Act by
paying wages to employees | ||||||
| 6 | at a rate less than the rate at which he pays
wages to | ||||||
| 7 | employees for the same or substantially
similar work on jobs | ||||||
| 8 | the performance of which requires equal skill, effort,
and | ||||||
| 9 | responsibility, and which are performed under similar working
| ||||||
| 10 | conditions, except where such payment is made pursuant to (1) a | ||||||
| 11 | seniority
system; (2) a merit system; (3) a system which | ||||||
| 12 | measures earnings by
quantity or quality of production; or (4) | ||||||
| 13 | a differential based on any other
factor other than sex or | ||||||
| 14 | mental or physical disability handicap, except as otherwise
| ||||||
| 15 | provided in this Act.
| ||||||
| 16 | (c) Every employer of an employee engaged in an
occupation | ||||||
| 17 | in which gratuities have customarily and usually constituted | ||||||
| 18 | and
have been recognized as part of the remuneration for hire | ||||||
| 19 | purposes is
entitled to an allowance for gratuities as part of | ||||||
| 20 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
| 21 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
| 22 | rate. The Director shall require each employer
desiring an | ||||||
| 23 | allowance for gratuities to provide substantial evidence that
| ||||||
| 24 | the amount claimed, which may not exceed 40% of the applicable | ||||||
| 25 | minimum wage
rate, was received by the employee in the period | ||||||
| 26 | for which the claim of
exemption is made, and no part thereof | ||||||
| |||||||
| |||||||
| 1 | was returned to the employer.
| ||||||
| 2 | (d) No camp counselor who resides on the premises of a | ||||||
| 3 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
| 4 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
| 5 | works 40 or more hours per week, and (2)
receives a total | ||||||
| 6 | weekly salary of not less than the adult minimum
wage for a | ||||||
| 7 | 40-hour week. If the counselor works less than 40 hours per
| ||||||
| 8 | week, the counselor shall be paid the minimum hourly wage for | ||||||
| 9 | each hour
worked. Every employer of a camp counselor under this | ||||||
| 10 | subsection is entitled
to an allowance for meals and lodging as | ||||||
| 11 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
| 12 | (a), in an amount not to exceed 25% of the
minimum wage rate.
| ||||||
| 13 | (e) A camp counselor employed at a day camp is not subject | ||||||
| 14 | to the adult minimum wage if the
camp counselor is paid a | ||||||
| 15 | stipend on a onetime or periodic basis and, if
the camp | ||||||
| 16 | counselor is a minor, the minor's parent, guardian or other
| ||||||
| 17 | custodian has consented in writing to the terms of payment | ||||||
| 18 | before the
commencement of such employment.
| ||||||
| 19 | (Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07; | ||||||
| 20 | 95-945, eff. 1-1-09.)
| ||||||
| 21 | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| ||||||
| 22 | Sec. 10.
(a) The Director shall make and revise | ||||||
| 23 | administrative regulations,
including definitions of terms, as | ||||||
| 24 | he deems appropriate to carry out the
purposes of this Act, to | ||||||
| 25 | prevent the circumvention or evasion thereof, and
to safeguard | ||||||
| |||||||
| |||||||
| 1 | the minimum wage established by the Act. Regulations governing
| ||||||
| 2 | employment of learners may be issued only after notice and | ||||||
| 3 | opportunity for
public hearing, as provided in subsection (c) | ||||||
| 4 | of this Section.
| ||||||
| 5 | (b) In order to prevent curtailment of opportunities for | ||||||
| 6 | employment,
avoid undue hardship, and safeguard the minimum | ||||||
| 7 | wage rate under this Act,
the Director may also issue | ||||||
| 8 | regulations providing for the employment of
workers with | ||||||
| 9 | disabilities handicapped workers at wages lower than the wage | ||||||
| 10 | rate applicable under this
Act, under permits and for such | ||||||
| 11 | periods of time as specified therein; and
providing for the | ||||||
| 12 | employment of learners at wages lower than the wage rate
| ||||||
| 13 | applicable under this Act. However, such regulation shall not | ||||||
| 14 | permit lower
wages for persons with disabilities the | ||||||
| 15 | handicapped on any basis that is unrelated to such person's
| ||||||
| 16 | ability resulting from his disability handicap, and such | ||||||
| 17 | regulation may be issued only
after notice and opportunity for | ||||||
| 18 | public hearing as provided in subsection
(c) of this Section.
| ||||||
| 19 | (c) Prior to the adoption, amendment or repeal of any rule | ||||||
| 20 | or regulation
by the Director under this Act, except | ||||||
| 21 | regulations which concern only the
internal management of the | ||||||
| 22 | Department of Labor and do not affect any public
right provided | ||||||
| 23 | by this Act, the Director shall give proper notice to
persons | ||||||
| 24 | in any industry or occupation that may be affected by the | ||||||
| 25 | proposed
rule or regulation, and hold a public hearing on his | ||||||
| 26 | proposed action at
which any such affected person, or his duly | ||||||
| |||||||
| |||||||
| 1 | authorized representative, may
attend and testify or present | ||||||
| 2 | other evidence for or against such proposed
rule or regulation. | ||||||
| 3 | Rules and regulations adopted under this Section shall
be filed | ||||||
| 4 | with the Secretary of State in compliance with "An Act | ||||||
| 5 | concerning
administrative rules", as now or hereafter amended. | ||||||
| 6 | Such adopted and filed
rules and regulations shall become | ||||||
| 7 | effective 10 days after copies thereof
have been mailed by the | ||||||
| 8 | Department to persons in industries affected
thereby at their | ||||||
| 9 | last known address.
| ||||||
| 10 | (d) The commencement of proceedings by any person aggrieved | ||||||
| 11 | by an
administrative regulation issued under this Act does not, | ||||||
| 12 | unless
specifically ordered by the Court, operate as a stay of | ||||||
| 13 | that administrative
regulation against other persons. The | ||||||
| 14 | Court shall not grant any stay of an
administrative regulation | ||||||
| 15 | unless the person complaining of such regulation
files in the | ||||||
| 16 | Court an undertaking with a surety or sureties satisfactory to
| ||||||
| 17 | the Court for the payment to the employees affected by the | ||||||
| 18 | regulation, in
the event such regulation is affirmed, of the | ||||||
| 19 | amount by which the
compensation such employees are entitled to | ||||||
| 20 | receive under the regulation
exceeds the compensation they | ||||||
| 21 | actually receive while such stay is in
effect.
| ||||||
| 22 | (Source: P.A. 77-1451.)
| ||||||
| 23 | Section 1055. The Workers' Compensation Act is amended by | ||||||
| 24 | changing Sections 6 and 17 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| ||||||
| 2 | Sec. 6. (a) Every employer within the provisions of this | ||||||
| 3 | Act, shall,
under the rules and regulations prescribed by the | ||||||
| 4 | Commission, post
printed notices in their respective places of | ||||||
| 5 | employment in such number
and at such places as may be | ||||||
| 6 | determined by the Commission, containing
such information | ||||||
| 7 | relative to this Act as in the judgment of the
Commission may | ||||||
| 8 | be necessary to aid employees to safeguard their rights
under | ||||||
| 9 | this Act in event of injury.
| ||||||
| 10 | In addition thereto, the employer shall post in a | ||||||
| 11 | conspicuous place
on the place of the employment a printed or | ||||||
| 12 | typewritten notice stating
whether he is insured or whether he | ||||||
| 13 | has qualified and is operating as a
self-insured employer. In | ||||||
| 14 | the event the employer is insured, the notice
shall state the | ||||||
| 15 | name and address of his insurance carrier, the number of
the | ||||||
| 16 | insurance policy, its effective date and the date of | ||||||
| 17 | termination. In
the event of the termination of the policy for | ||||||
| 18 | any reason prior to the
termination date stated, the posted | ||||||
| 19 | notice shall promptly be corrected
accordingly. In the event | ||||||
| 20 | the employer is operating as a self-insured
employer the notice | ||||||
| 21 | shall state the name and address of the company, if
any, | ||||||
| 22 | servicing the compensation payments of the employer, and the | ||||||
| 23 | name
and address of the person in charge of making compensation | ||||||
| 24 | payments.
| ||||||
| 25 | (b) Every employer subject to this Act shall maintain | ||||||
| 26 | accurate
records of work-related deaths, injuries and illness | ||||||
| |||||||
| |||||||
| 1 | other than minor
injuries requiring only first aid treatment | ||||||
| 2 | and which do not involve
medical treatment, loss of | ||||||
| 3 | consciousness, restriction of work or motion,
or transfer to | ||||||
| 4 | another job and file with the Commission, in writing, a
report | ||||||
| 5 | of all accidental deaths, injuries and illnesses arising out of
| ||||||
| 6 | and in the course of the employment resulting in the loss of | ||||||
| 7 | more than
3 scheduled work days. In the case of death such | ||||||
| 8 | report shall be
made no later than 2 working days following the | ||||||
| 9 | accidental death. In
all other cases such report shall be made | ||||||
| 10 | between the 15th and 25th of
each month unless required to be | ||||||
| 11 | made sooner by rule of the Commission.
In case the injury | ||||||
| 12 | results in permanent disability, a further report
shall be made | ||||||
| 13 | as soon as it is determined that such permanent disability
has | ||||||
| 14 | resulted or will result from the injury. All reports shall | ||||||
| 15 | state
the date of the injury, including the time of day or | ||||||
| 16 | night, the nature
of the employer's business, the name, | ||||||
| 17 | address, age, sex, conjugal
condition of the injured person, | ||||||
| 18 | the specific occupation of the injured
person, the direct cause | ||||||
| 19 | of the injury and the nature of the accident,
the character of | ||||||
| 20 | the injury, the length of disability, and in case of
death the | ||||||
| 21 | length of disability before death, the wages of the injured
| ||||||
| 22 | person, whether compensation has been paid to the injured | ||||||
| 23 | person, or to
his or her legal representative or his heirs or | ||||||
| 24 | next of kin, the amount of
compensation paid, the amount paid | ||||||
| 25 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
| 26 | paid, and the amount paid for funeral or
burial expenses if | ||||||
| |||||||
| |||||||
| 1 | known. The reports shall be made on forms and in the
manner as | ||||||
| 2 | prescribed by the Commission and shall contain such further
| ||||||
| 3 | information as the Commission shall deem necessary and require. | ||||||
| 4 | The
making of these reports releases the employer from making | ||||||
| 5 | such reports
to any other officer of the State and shall | ||||||
| 6 | satisfy the reporting
provisions as contained in the Safety | ||||||
| 7 | Inspection and Education Act, the Health and Safety Act, and | ||||||
| 8 | the Occupational Safety and Health Act. The reports filed with | ||||||
| 9 | the
Commission pursuant to this Section shall be made available | ||||||
| 10 | by the
Commission to the Director of Labor or his | ||||||
| 11 | representatives and to all
other departments of the State of | ||||||
| 12 | Illinois which shall require such
information for the proper | ||||||
| 13 | discharge of their official duties. Failure
to file with the | ||||||
| 14 | Commission any of the reports required in this Section
is a | ||||||
| 15 | petty offense.
| ||||||
| 16 | Except as provided in this paragraph, all reports filed | ||||||
| 17 | hereunder shall
be confidential and any person
having access to | ||||||
| 18 | such records filed with the Illinois Workers' Compensation | ||||||
| 19 | Commission as
herein required, who shall release any | ||||||
| 20 | information therein contained
including the names or otherwise | ||||||
| 21 | identify any persons sustaining
injuries or disabilities, or | ||||||
| 22 | give access to such information to any
unauthorized person, | ||||||
| 23 | shall be subject to discipline or discharge, and in
addition | ||||||
| 24 | shall be guilty of a Class B misdemeanor. The Commission shall
| ||||||
| 25 | compile and distribute to interested persons aggregate | ||||||
| 26 | statistics, taken
from the reports filed hereunder. The | ||||||
| |||||||
| |||||||
| 1 | aggregate statistics shall not give
the names or otherwise | ||||||
| 2 | identify persons sustaining injuries or disabilities
or the | ||||||
| 3 | employer of any injured person or person with a disability or | ||||||
| 4 | disabled person.
| ||||||
| 5 | (c) Notice of the accident shall be given to the employer | ||||||
| 6 | as soon as
practicable, but not later than 45 days after the | ||||||
| 7 | accident. Provided:
| ||||||
| 8 | (1) In case of the legal disability of the employee
or | ||||||
| 9 | any dependent of a
deceased employee who may be entitled to | ||||||
| 10 | compensation under the
provisions of this Act, the | ||||||
| 11 | limitations of time by this Act provided do
not begin to | ||||||
| 12 | run against such person under legal disability
until a
| ||||||
| 13 | guardian has been appointed.
| ||||||
| 14 | (2) In cases of injuries sustained by exposure to | ||||||
| 15 | radiological
materials or equipment, notice shall be given | ||||||
| 16 | to the employer within 90
days subsequent to the time that | ||||||
| 17 | the employee knows or suspects that he
has received an | ||||||
| 18 | excessive dose of radiation.
| ||||||
| 19 | No defect or inaccuracy of such notice shall be a bar to | ||||||
| 20 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
| 21 | the employee
unless the employer proves that he is unduly | ||||||
| 22 | prejudiced in such
proceedings by such defect or inaccuracy.
| ||||||
| 23 | Notice of the accident shall give the approximate date and | ||||||
| 24 | place of
the accident, if known, and may be given orally or in | ||||||
| 25 | writing.
| ||||||
| 26 | (d) Every employer shall notify each injured employee who | ||||||
| |||||||
| |||||||
| 1 | has been
granted compensation under the provisions of Section 8 | ||||||
| 2 | of this Act
of his rights to rehabilitation services and advise | ||||||
| 3 | him of the locations
of available public rehabilitation centers | ||||||
| 4 | and any other such services
of which the employer has | ||||||
| 5 | knowledge.
| ||||||
| 6 | In any case, other than one where the injury was caused by | ||||||
| 7 | exposure
to radiological materials or equipment or asbestos | ||||||
| 8 | unless the application for
compensation is filed with the | ||||||
| 9 | Commission within 3 years after the date
of the accident, where | ||||||
| 10 | no compensation has been paid, or within 2 years
after the date | ||||||
| 11 | of the last payment of compensation, where any has been
paid, | ||||||
| 12 | whichever shall be later, the right to file such application | ||||||
| 13 | shall
be barred.
| ||||||
| 14 | In any case of injury caused by exposure to radiological | ||||||
| 15 | materials or
equipment or asbestos, unless application for | ||||||
| 16 | compensation is filed with the
Commission within 25 years after | ||||||
| 17 | the last day that the employee was
employed in an environment | ||||||
| 18 | of hazardous radiological activity or asbestos,
the right to | ||||||
| 19 | file such application shall be barred.
| ||||||
| 20 | If in any case except one where the injury was caused by | ||||||
| 21 | exposure to
radiological materials or equipment or asbestos, | ||||||
| 22 | the accidental injury
results in death application for | ||||||
| 23 | compensation for death may be filed with the
Commission within | ||||||
| 24 | 3 years after the date of death where no compensation
has been | ||||||
| 25 | paid or within 2 years after the date of the last payment of
| ||||||
| 26 | compensation where any has been paid, whichever shall be later, | ||||||
| |||||||
| |||||||
| 1 | but not
thereafter.
| ||||||
| 2 | If an accidental injury caused by exposure to radiological | ||||||
| 3 | material
or equipment or asbestos results in death within 25 | ||||||
| 4 | years after the last
day that the employee was so exposed | ||||||
| 5 | application for compensation for death may
be filed with the | ||||||
| 6 | Commission within 3 years after the date of death,
where no | ||||||
| 7 | compensation has been paid, or within 2 years after the date of
| ||||||
| 8 | the last payment of compensation where any has been paid, | ||||||
| 9 | whichever
shall be later, but not thereafter.
| ||||||
| 10 | (e) Any contract or agreement made by any employer or his | ||||||
| 11 | agent or
attorney with any employee or any other beneficiary of | ||||||
| 12 | any claim under
the provisions of this Act within 7 days after | ||||||
| 13 | the injury shall be
presumed to be fraudulent.
| ||||||
| 14 | (f) Any condition or impairment of health of an employee | ||||||
| 15 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
| 16 | emergency medical technician-intermediate (EMT-I), advanced | ||||||
| 17 | emergency medical technician (A-EMT), or paramedic which | ||||||
| 18 | results
directly or indirectly from any bloodborne pathogen, | ||||||
| 19 | lung or respiratory
disease
or condition, heart
or vascular | ||||||
| 20 | disease or condition, hypertension, tuberculosis, or cancer
| ||||||
| 21 | resulting in any disability (temporary, permanent, total, or | ||||||
| 22 | partial) to the
employee shall be rebuttably presumed to arise | ||||||
| 23 | out of and in the course of
the employee's firefighting, EMT, | ||||||
| 24 | or paramedic employment and, further, shall
be
rebuttably | ||||||
| 25 | presumed to be causally connected to the hazards or exposures | ||||||
| 26 | of
the employment. This presumption shall also apply to any | ||||||
| |||||||
| |||||||
| 1 | hernia or hearing
loss suffered by an employee employed as a | ||||||
| 2 | firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this | ||||||
| 3 | presumption shall not apply to any employee who has been | ||||||
| 4 | employed
as a firefighter, EMT, or paramedic for less than 5 | ||||||
| 5 | years at the time he or she files an Application for Adjustment | ||||||
| 6 | of Claim concerning this condition or impairment with the | ||||||
| 7 | Illinois Workers' Compensation Commission. The rebuttable | ||||||
| 8 | presumption established under this subsection, however, does | ||||||
| 9 | not apply to an emergency medical technician (EMT), emergency | ||||||
| 10 | medical technician-intermediate (EMT-I), advanced emergency | ||||||
| 11 | medical technician (A-EMT), or paramedic employed by a private | ||||||
| 12 | employer if the employee spends the preponderance of his or her | ||||||
| 13 | work time for that employer engaged in medical transfers | ||||||
| 14 | between medical care facilities or non-emergency medical | ||||||
| 15 | transfers to or from medical care facilities. The changes made | ||||||
| 16 | to this subsection by Public Act 98-291 shall be narrowly | ||||||
| 17 | construed. The Finding and Decision of the Illinois Workers' | ||||||
| 18 | Compensation Commission under only the rebuttable presumption | ||||||
| 19 | provision of this subsection shall not be admissible or be | ||||||
| 20 | deemed res judicata in any disability claim under the Illinois | ||||||
| 21 | Pension Code arising out of the same medical condition; | ||||||
| 22 | however, this sentence makes no change to the law set forth in | ||||||
| 23 | Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||||||
| 24 | (Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, | ||||||
| 25 | eff. 8-15-14; revised 10-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| ||||||
| 2 | Sec. 17. The Commission shall cause to be printed and | ||||||
| 3 | furnish free of
charge upon request by any employer or employee | ||||||
| 4 | such blank forms as may
facilitate or promote efficient | ||||||
| 5 | administration and the performance of
the duties of the | ||||||
| 6 | Commission. It shall provide a proper record in which
shall be | ||||||
| 7 | entered and indexed the name of any employer who shall file a
| ||||||
| 8 | notice of declination or withdrawal under this Act, and the | ||||||
| 9 | date of the
filing thereof; and a proper record in which shall | ||||||
| 10 | be entered and
indexed the name of any employee who shall file | ||||||
| 11 | such notice of
declination or withdrawal, and the date of the | ||||||
| 12 | filing thereof; and such
other notices as may be required by | ||||||
| 13 | this Act; and records in which shall
be recorded all | ||||||
| 14 | proceedings, orders and awards had or made by the
Commission or | ||||||
| 15 | by the arbitration committees, and such other books or
records | ||||||
| 16 | as it shall deem
necessary, all such records to be kept in the
| ||||||
| 17 | office of the Commission.
| ||||||
| 18 | The Commission may destroy all papers and documents which | ||||||
| 19 | have been
on file for more than 5 years where there is no claim | ||||||
| 20 | for compensation
pending or where more than 2 years have | ||||||
| 21 | elapsed since the termination of
the compensation period.
| ||||||
| 22 | The Commission shall compile and distribute to interested | ||||||
| 23 | persons aggregate
statistics, taken from any records and | ||||||
| 24 | reports in the possession of the
Commission. The aggregate | ||||||
| 25 | statistics shall not give the names or otherwise
identify | ||||||
| 26 | persons sustaining injuries or disabilities or the employer of
| ||||||
| |||||||
| |||||||
| 1 | any injured person or person with a disability or disabled | ||||||
| 2 | person.
| ||||||
| 3 | The Commission is authorized to establish reasonable fees | ||||||
| 4 | and methods
of payment limited to covering only the costs to | ||||||
| 5 | the Commission for processing,
maintaining and generating | ||||||
| 6 | records or data necessary for the computerized
production of | ||||||
| 7 | documents, records and other materials except to the extent
of | ||||||
| 8 | any salaries or compensation of Commission officers or | ||||||
| 9 | employees.
| ||||||
| 10 | All fees collected by the Commission under this Section | ||||||
| 11 | shall be deposited
in the Statistical Services Revolving Fund | ||||||
| 12 | and credited to the account of
the Illinois Workers' | ||||||
| 13 | Compensation Commission.
| ||||||
| 14 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
| 15 | Section 1060. The Workers' Occupational Diseases Act is | ||||||
| 16 | amended by changing Sections 5, 6, 10, and 17 as follows:
| ||||||
| 17 | (820 ILCS 310/5) (from Ch. 48, par. 172.40)
| ||||||
| 18 | (Text of Section WITH the changes made by P.A. 89-7, which | ||||||
| 19 | has been held
unconstitutional)
| ||||||
| 20 | Sec. 5.
(a) There is no common law or statutory right to | ||||||
| 21 | recover
compensation or damages from the employer, his insurer, | ||||||
| 22 | his broker, any
service organization retained by the employer, | ||||||
| 23 | his insurer or his broker
to provide safety service, advice or | ||||||
| 24 | recommendations for the employer or
the agents or employees of | ||||||
| |||||||
| |||||||
| 1 | any of them for or on account of any injury
to health, disease, | ||||||
| 2 | or death therefrom, other than for the compensation
herein | ||||||
| 3 | provided or for damages as provided in Section 3 of this Act.
| ||||||
| 4 | This Section shall not affect any right to compensation under | ||||||
| 5 | the
"Workers' Compensation Act".
| ||||||
| 6 | No compensation is payable under this Act for any condition | ||||||
| 7 | of
physical or mental ill-being, disability, disablement, or | ||||||
| 8 | death for
which compensation is recoverable on account of | ||||||
| 9 | accidental injury under
the "Workers' Compensation Act".
| ||||||
| 10 | (b) Where the disablement or death for which compensation | ||||||
| 11 | is payable
under this Act was caused under circumstances | ||||||
| 12 | creating a legal liability
for damages on the part of some | ||||||
| 13 | person other than his employer to pay
damages, then legal | ||||||
| 14 | proceedings may be taken against such other person
to recover | ||||||
| 15 | damages notwithstanding such employer's payment of or
| ||||||
| 16 | liability to pay compensation under this Act. In such case, | ||||||
| 17 | however, if
the action against such other person is brought by | ||||||
| 18 | the employee with a disability disabled employee
or his | ||||||
| 19 | personal representative and judgment is obtained and paid or
| ||||||
| 20 | settlement is made with such other person, either with or | ||||||
| 21 | without suit,
then from the amount received by such employee or | ||||||
| 22 | personal
representative there shall be paid to the employer the | ||||||
| 23 | amount of
compensation paid or to be paid by him to such | ||||||
| 24 | employee or personal
representative, including amounts paid or | ||||||
| 25 | to be paid pursuant to
paragraph (a) of Section 8 of the | ||||||
| 26 | Workers' Compensation Act as required under
Section 7 of this | ||||||
| |||||||
| |||||||
| 1 | Act.
If the employee or personal representative brings an | ||||||
| 2 | action against
another person and the other person then brings | ||||||
| 3 | an action for contribution
against the employer, the amount, if | ||||||
| 4 | any, that shall be paid to the employer by
the
employee or | ||||||
| 5 | personal representative pursuant to this Section shall be | ||||||
| 6 | reduced
by an amount equal to the
amount found by the trier of | ||||||
| 7 | fact to be the employer's pro rata share of the
common | ||||||
| 8 | liability in the action.
| ||||||
| 9 | Out of any reimbursement received by the employer, pursuant | ||||||
| 10 | to this
Section the employer shall pay his pro rata share of | ||||||
| 11 | all costs and
reasonably necessary expenses in connection with | ||||||
| 12 | such third party claim,
action or suit, and where the services | ||||||
| 13 | of an attorney at law of the
employee or dependents have | ||||||
| 14 | resulted in or substantially contributed to
the procurement by | ||||||
| 15 | suit, settlement or otherwise of the proceeds out of
which the | ||||||
| 16 | employer is reimbursed, then, in the absence of other
| ||||||
| 17 | agreement, the employer shall pay such attorney 25% of the | ||||||
| 18 | gross amount
of such reimbursement.
| ||||||
| 19 | If the employee with a disability disabled employee or his | ||||||
| 20 | personal representative agrees to
receive compensation from | ||||||
| 21 | the employer or accept from the employer any
payment on account | ||||||
| 22 | of such compensation, or to institute proceedings to
recover | ||||||
| 23 | the same, the employer may have or claim a lien upon any award,
| ||||||
| 24 | judgment or fund out of which such employee might be | ||||||
| 25 | compensated from
such third party.
| ||||||
| 26 | In such actions brought by the employee or his personal
| ||||||
| |||||||
| |||||||
| 1 | representative, he shall forthwith notify his employer by | ||||||
| 2 | personal
service or registered mail, of such fact and of the | ||||||
| 3 | name of the court in
which the suit is brought, filing proof | ||||||
| 4 | thereof in the action. The
employer may, at any time thereafter | ||||||
| 5 | join in the action upon his motion
so that all orders of court | ||||||
| 6 | after hearing and judgment shall be made for
his protection. No | ||||||
| 7 | release or settlement of claim for damages by reason
of such | ||||||
| 8 | disability or death, and no satisfaction of judgment in such
| ||||||
| 9 | proceedings, are valid without the written consent of both | ||||||
| 10 | employer and
employee or his personal representative, except in | ||||||
| 11 | the case of the
employers, such consent is not required where | ||||||
| 12 | the employer has been
fully indemnified or protected by court | ||||||
| 13 | order.
| ||||||
| 14 | In the event the employee or his personal representative | ||||||
| 15 | fails to
institute a proceeding against such third person at | ||||||
| 16 | any time prior to 3
months before such action would be barred | ||||||
| 17 | at law the employer may in his
own name, or in the name of the | ||||||
| 18 | employee or his personal representative,
commence a proceeding | ||||||
| 19 | against such other person for the recovery of
damages on | ||||||
| 20 | account of such disability or death to the employee, and out
of | ||||||
| 21 | any amount recovered the employer shall pay over to the injured
| ||||||
| 22 | employee or his personal representative all sums collected from | ||||||
| 23 | such
other person by judgment or otherwise in excess of the | ||||||
| 24 | amount of such
compensation paid or to be paid under this Act, | ||||||
| 25 | including amounts paid
or to be paid pursuant to paragraph (a) | ||||||
| 26 | of Section 8 of the Workers'
Compensation Act as required by | ||||||
| |||||||
| |||||||
| 1 | Section 7 of this Act, and
costs, attorney's fees and | ||||||
| 2 | reasonable expenses as may be incurred by
such employer in | ||||||
| 3 | making such collection or in enforcing such liability.
| ||||||
| 4 | This amendatory Act of 1995 applies to causes of action | ||||||
| 5 | accruing on or
after
its effective date.
| ||||||
| 6 | (Source: P.A. 89-7, eff. 3-9-95.)
| ||||||
| 7 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
| 8 | which has been held
unconstitutional)
| ||||||
| 9 | Sec. 5.
(a) There is no common law or statutory right to | ||||||
| 10 | recover
compensation or damages from the employer, his insurer, | ||||||
| 11 | his broker, any
service organization retained by the employer, | ||||||
| 12 | his insurer or his broker
to provide safety service, advice or | ||||||
| 13 | recommendations for the employer or
the agents or employees of | ||||||
| 14 | any of them for or on account of any injury
to health, disease, | ||||||
| 15 | or death therefrom, other than for the compensation
herein | ||||||
| 16 | provided or for damages as provided in Section 3 of this Act.
| ||||||
| 17 | This Section shall not affect any right to compensation under | ||||||
| 18 | the
"Workers' Compensation Act".
| ||||||
| 19 | No compensation is payable under this Act for any condition | ||||||
| 20 | of
physical or mental ill-being, disability, disablement, or | ||||||
| 21 | death for
which compensation is recoverable on account of | ||||||
| 22 | accidental injury under
the "Workers' Compensation Act".
| ||||||
| 23 | (b) Where the disablement or death for which compensation | ||||||
| 24 | is payable
under this Act was caused under circumstances | ||||||
| 25 | creating a legal liability
for damages on the part of some | ||||||
| |||||||
| |||||||
| 1 | person other than his employer to pay
damages, then legal | ||||||
| 2 | proceedings may be taken against such other person
to recover | ||||||
| 3 | damages notwithstanding such employer's payment of or
| ||||||
| 4 | liability to pay compensation under this Act. In such case, | ||||||
| 5 | however, if
the action against such other person is brought by | ||||||
| 6 | the employee with a disability disabled employee
or his | ||||||
| 7 | personal representative and judgment is obtained and paid or
| ||||||
| 8 | settlement is made with such other person, either with or | ||||||
| 9 | without suit,
then from the amount received by such employee or | ||||||
| 10 | personal
representative there shall be paid to the employer the | ||||||
| 11 | amount of
compensation paid or to be paid by him to such | ||||||
| 12 | employee or personal
representative, including amounts paid or | ||||||
| 13 | to be paid pursuant to
paragraph (a) of Section 8 of this Act.
| ||||||
| 14 | Out of any reimbursement received by the employer, pursuant | ||||||
| 15 | to this
Section the employer shall pay his pro rata share of | ||||||
| 16 | all costs and
reasonably necessary expenses in connection with | ||||||
| 17 | such third party claim,
action or suit, and where the services | ||||||
| 18 | of an attorney at law of the
employee or dependents have | ||||||
| 19 | resulted in or substantially contributed to
the procurement by | ||||||
| 20 | suit, settlement or otherwise of the proceeds out of
which the | ||||||
| 21 | employer is reimbursed, then, in the absence of other
| ||||||
| 22 | agreement, the employer shall pay such attorney 25% of the | ||||||
| 23 | gross amount
of such reimbursement.
| ||||||
| 24 | If the employee with a disability disabled employee or his | ||||||
| 25 | personal representative agrees to
receive compensation from | ||||||
| 26 | the employer or accept from the employer any
payment on account | ||||||
| |||||||
| |||||||
| 1 | of such compensation, or to institute proceedings to
recover | ||||||
| 2 | the same, the employer may have or claim a lien upon any award,
| ||||||
| 3 | judgment or fund out of which such employee might be | ||||||
| 4 | compensated from
such third party.
| ||||||
| 5 | In such actions brought by the employee or his personal
| ||||||
| 6 | representative, he shall forthwith notify his employer by | ||||||
| 7 | personal
service or registered mail, of such fact and of the | ||||||
| 8 | name of the court in
which the suit is brought, filing proof | ||||||
| 9 | thereof in the action. The
employer may, at any time thereafter | ||||||
| 10 | join in the action upon his motion
so that all orders of court | ||||||
| 11 | after hearing and judgment shall be made for
his protection. No | ||||||
| 12 | release or settlement of claim for damages by reason
of such | ||||||
| 13 | disability or death, and no satisfaction of judgment in such
| ||||||
| 14 | proceedings, are valid without the written consent of both | ||||||
| 15 | employer and
employee or his personal representative, except in | ||||||
| 16 | the case of the
employers, such consent is not required where | ||||||
| 17 | the employer has been
fully indemnified or protected by court | ||||||
| 18 | order.
| ||||||
| 19 | In the event the employee or his personal representative | ||||||
| 20 | fails to
institute a proceeding against such third person at | ||||||
| 21 | any time prior to 3
months before such action would be barred | ||||||
| 22 | at law the employer may in his
own name, or in the name of the | ||||||
| 23 | employee or his personal representative,
commence a proceeding | ||||||
| 24 | against such other person for the recovery of
damages on | ||||||
| 25 | account of such disability or death to the employee, and out
of | ||||||
| 26 | any amount recovered the employer shall pay over to the injured
| ||||||
| |||||||
| |||||||
| 1 | employee or his personal representative all sums collected from | ||||||
| 2 | such
other person by judgment or otherwise in excess of the | ||||||
| 3 | amount of such
compensation paid or to be paid under this Act, | ||||||
| 4 | including amounts paid
or to be paid pursuant to paragraph (a) | ||||||
| 5 | of Section 8 of this Act, and
costs, attorney's fees and | ||||||
| 6 | reasonable expenses as may be incurred by
such employer in | ||||||
| 7 | making such collection or in enforcing such liability.
| ||||||
| 8 | (Source: P.A. 81-992.)
| ||||||
| 9 | (820 ILCS 310/6) (from Ch. 48, par. 172.41)
| ||||||
| 10 | Sec. 6. (a) Every employer operating under the compensation
| ||||||
| 11 | provisions of this Act, shall post printed notices in their | ||||||
| 12 | respective
places of employment in conspicuous places and in | ||||||
| 13 | such number and at
such places as may be determined by the | ||||||
| 14 | Commission, containing such
information relative to this Act as | ||||||
| 15 | in the judgment of the Commission
may be necessary to aid | ||||||
| 16 | employees to safeguard their rights under this Act.
| ||||||
| 17 | In addition thereto, the employer shall post in a | ||||||
| 18 | conspicuous place
on the premises of the employment a printed | ||||||
| 19 | or typewritten notice
stating whether he is insured or whether | ||||||
| 20 | he has qualified and is
operating as a self-insured employer. | ||||||
| 21 | In the event the employer is
insured, the notice shall state | ||||||
| 22 | the name and address of his or her insurance
carrier, the | ||||||
| 23 | number of the insurance policy, its effective date and the
date | ||||||
| 24 | of termination. In the event of the termination of the policy | ||||||
| 25 | for
any reason prior to the termination date stated, the posted | ||||||
| |||||||
| |||||||
| 1 | notice shall
promptly be corrected accordingly. In the event | ||||||
| 2 | the employer is
operating as a self-insured employer the notice | ||||||
| 3 | shall state the name and
address of the company, if any, | ||||||
| 4 | servicing the compensation payments of
the employer, and the | ||||||
| 5 | name and address of the person in charge of making
compensation | ||||||
| 6 | payments.
| ||||||
| 7 | (b) Every employer subject to this Act shall maintain | ||||||
| 8 | accurate
records of work-related deaths, injuries and | ||||||
| 9 | illnesses other than minor
injuries requiring only first aid | ||||||
| 10 | treatment and which do not involve
medical treatment, loss of | ||||||
| 11 | consciousness, restriction of work or motion
or transfer to | ||||||
| 12 | another job and file with the Illinois Workers' Compensation | ||||||
| 13 | Commission, in
writing, a report of all occupational diseases | ||||||
| 14 | arising out of and in the
course of the employment and | ||||||
| 15 | resulting in death, or disablement or
illness resulting in the | ||||||
| 16 | loss of more than 3 scheduled work
days. In the case
of death | ||||||
| 17 | such report shall be made no later than 2 working days
| ||||||
| 18 | following the occupational death. In all other cases such | ||||||
| 19 | report shall
be made between the 15th and 25th of each month | ||||||
| 20 | unless required to be
made sooner by rule of the Illinois | ||||||
| 21 | Workers' Compensation Commission. In case the
occupational | ||||||
| 22 | disease results in permanent disability, a further report
shall | ||||||
| 23 | be made as soon as it is determined that such permanent | ||||||
| 24 | disability
has resulted or will result therefrom. All reports | ||||||
| 25 | shall state the date
of the disablement, the nature of the | ||||||
| 26 | employer's business, the name,
address, the age, sex, conjugal | ||||||
| |||||||
| |||||||
| 1 | condition of the person with a disability disabled person, the
| ||||||
| 2 | specific occupation of the person, the nature and character of | ||||||
| 3 | the
occupational disease, the length of disability, and, in | ||||||
| 4 | case of death,
the length of disability before death, the wages | ||||||
| 5 | of the employee,
whether compensation has been paid to the | ||||||
| 6 | employee, or to his legal
representative or his heirs or next | ||||||
| 7 | of kin, the amount of compensation
paid, the amount paid for | ||||||
| 8 | physicians', surgeons' and hospital bills, and
by whom paid, | ||||||
| 9 | and the amount paid for funeral or burial expenses, if
known. | ||||||
| 10 | The reports shall be made on forms and in the manner as
| ||||||
| 11 | prescribed by the Illinois Workers' Compensation
Commission | ||||||
| 12 | and shall contain such further
information as the Commission | ||||||
| 13 | shall deem necessary and require. The
making of such reports | ||||||
| 14 | releases the employer from making such reports to
any other | ||||||
| 15 | officer of the State and shall satisfy the reporting
provisions | ||||||
| 16 | as contained in the Safety Inspection and Education Act, the | ||||||
| 17 | Health And Safety Act, and the Occupational Safety and Health | ||||||
| 18 | Act. The report filed with the Illinois Workers' Compensation
| ||||||
| 19 | Commission pursuant to the provisions of this Section shall be | ||||||
| 20 | made
available by the Illinois Workers' Compensation | ||||||
| 21 | Commission to the Director of Labor or his
representatives, to | ||||||
| 22 | the Department of Public Health pursuant to the
Illinois Health | ||||||
| 23 | and Hazardous Substances Registry Act, and to all other
| ||||||
| 24 | departments of the State of Illinois which shall require such | ||||||
| 25 | information
for the proper discharge of their official duties. | ||||||
| 26 | Failure to file with
the Commission any of the reports required | ||||||
| |||||||
| |||||||
| 1 | in this Section is a petty offense.
| ||||||
| 2 | Except as provided in this paragraph, all reports filed | ||||||
| 3 | hereunder shall
be confidential and any person
having access to | ||||||
| 4 | such records filed with the Illinois Workers' Compensation | ||||||
| 5 | Commission as
herein required, who shall release the names or | ||||||
| 6 | otherwise identify any
persons sustaining injuries or | ||||||
| 7 | disabilities, or gives access to such
information to any | ||||||
| 8 | unauthorized person, shall be subject to discipline
or | ||||||
| 9 | discharge, and in addition shall be guilty of a Class B | ||||||
| 10 | misdemeanor.
The Commission shall compile and distribute to | ||||||
| 11 | interested persons aggregate
statistics, taken from the | ||||||
| 12 | reports filed hereunder. The aggregate statistics
shall not | ||||||
| 13 | give the names or otherwise identify persons sustaining | ||||||
| 14 | injuries
or disabilities or the employer of any injured person | ||||||
| 15 | or person with a disability or disabled person.
| ||||||
| 16 | (c) There shall be given notice to the employer of | ||||||
| 17 | disablement
arising from an occupational disease as soon as | ||||||
| 18 | practicable after the
date of the disablement. If the | ||||||
| 19 | Commission shall find that the failure
to give such notice | ||||||
| 20 | substantially prejudices the rights of the employer
the | ||||||
| 21 | Commission in its discretion may order that the right of the
| ||||||
| 22 | employee to proceed under this Act shall be barred.
| ||||||
| 23 | In case of legal disability of the employee or any | ||||||
| 24 | dependent of a
deceased employee who may be entitled to | ||||||
| 25 | compensation, under the
provisions of this Act, the limitations | ||||||
| 26 | of time in this Section of this
Act provided shall not begin to | ||||||
| |||||||
| |||||||
| 1 | run against such person who is under legal
disability until a | ||||||
| 2 | conservator or guardian has been appointed. No defect or
| ||||||
| 3 | inaccuracy of such notice shall be a bar to the maintenance of | ||||||
| 4 | proceedings on
arbitration or otherwise by the employee unless | ||||||
| 5 | the employer proves that
he or she is unduly prejudiced in such | ||||||
| 6 | proceedings by such defect or
inaccuracy. Notice of the | ||||||
| 7 | disabling disease may be given orally or in writing.
In any | ||||||
| 8 | case, other than injury or death caused by exposure to | ||||||
| 9 | radiological
materials or equipment or asbestos, unless | ||||||
| 10 | application for compensation
is filed with the Commission | ||||||
| 11 | within 3 years after the date of the
disablement, where no | ||||||
| 12 | compensation has been paid, or within 2 years
after the date of | ||||||
| 13 | the last payment of compensation, where any has been
paid, | ||||||
| 14 | whichever shall be later, the right to file such application
| ||||||
| 15 | shall be barred. If the occupational disease results in death,
| ||||||
| 16 | application for compensation for death may be filed with the | ||||||
| 17 | Commission
within 3 years after the date of death where no | ||||||
| 18 | compensation has been
paid, or within 3 years after the last | ||||||
| 19 | payment of compensation, where
any has been paid, whichever is | ||||||
| 20 | later, but not thereafter.
| ||||||
| 21 | Effective July 1, 1973 in cases of disability caused by | ||||||
| 22 | coal miners
pneumoconiosis unless application for compensation | ||||||
| 23 | is filed with the
Commission within 5 years after the employee | ||||||
| 24 | was last exposed where no
compensation has been paid, or within | ||||||
| 25 | 5 years after the last payment of
compensation where any has | ||||||
| 26 | been paid, the right to file such application
shall be barred.
| ||||||
| |||||||
| |||||||
| 1 | In cases of disability caused by exposure to radiological | ||||||
| 2 | materials
or equipment or asbestos, unless application for | ||||||
| 3 | compensation is filed with the
Commission within 25 years after | ||||||
| 4 | the employee was so exposed, the right
to file such application | ||||||
| 5 | shall be barred.
| ||||||
| 6 | In cases of death occurring within 25 years from the last | ||||||
| 7 | exposure to
radiological material or equipment or asbestos, | ||||||
| 8 | application for compensation
must be filed within 3 years of | ||||||
| 9 | death where no compensation has been paid, or
within 3 years, | ||||||
| 10 | after the date of the last payment where any has been
paid, but | ||||||
| 11 | not thereafter.
| ||||||
| 12 | (d) Any contract or agreement made by any employer or his | ||||||
| 13 | agent or
attorney with any employee or any other beneficiary of | ||||||
| 14 | any claim under
the provisions of this Act within 7 days after | ||||||
| 15 | the disablement shall be
presumed to be fraudulent.
| ||||||
| 16 | (Source: P.A. 98-874, eff. 1-1-15.)
| ||||||
| 17 | (820 ILCS 310/10) (from Ch. 48, par. 172.45)
| ||||||
| 18 | Sec. 10.
The basis for computing the compensation provided | ||||||
| 19 | for in Sections
7 and 8 of the Act shall be as follows:
| ||||||
| 20 | (a) The compensation shall be computed on the basis of the | ||||||
| 21 | annual
earnings which the person with a disability disabled | ||||||
| 22 | person received as salary, wages or earnings if
in the | ||||||
| 23 | employment of the same employer continuously during the year | ||||||
| 24 | next
preceding the day of last exposure.
| ||||||
| 25 | (b) Employment by the same employer shall be taken to mean | ||||||
| |||||||
| |||||||
| 1 | employment by
the same employer in the grade in which the | ||||||
| 2 | employee was employed at the
time of the last day of the last | ||||||
| 3 | exposure, uninterrupted by absence from
work due to illness or | ||||||
| 4 | any other unavoidable cause.
| ||||||
| 5 | (c) If such person has not been engaged in the employment | ||||||
| 6 | of the same
employer for the full year immediately preceding | ||||||
| 7 | the last day of the last
exposure, the compensation shall be | ||||||
| 8 | computed according to the annual
earnings which persons of the | ||||||
| 9 | same class in the same employment and same
location, (or if | ||||||
| 10 | that be impracticable, of neighboring employments of the
same | ||||||
| 11 | kind) have earned during such period.
| ||||||
| 12 | (d) As to employees in employments in which it is the | ||||||
| 13 | custom to operate
throughout the working days of the year, the | ||||||
| 14 | annual earnings, if not
otherwise determinable, shall be | ||||||
| 15 | regarded as 300 times the average daily
earnings in such | ||||||
| 16 | computation.
| ||||||
| 17 | (e) As to employees in employments in which it is the | ||||||
| 18 | custom to operate
for a part of the whole number of working | ||||||
| 19 | days in each year, such number,
if the annual earnings are not | ||||||
| 20 | otherwise determinable, shall be used
instead of 300 as a basis | ||||||
| 21 | for computing the annual earnings, provided the
minimum number | ||||||
| 22 | of days which shall be so used for the basis of the year's
work | ||||||
| 23 | shall be not less than 200.
| ||||||
| 24 | (f) In the case of injured employees who earn either no | ||||||
| 25 | wage or less
than the earnings of adult day laborers in the | ||||||
| 26 | same line of employment in
that locality, the yearly wage shall | ||||||
| |||||||
| |||||||
| 1 | be reckoned according to the average
annual earnings of adults | ||||||
| 2 | of the same class in the same (or if that is
impracticable, | ||||||
| 3 | then of neighboring) employments.
| ||||||
| 4 | (g) Earnings, for the purpose of this section, shall be | ||||||
| 5 | based on the
earnings for the number of hours commonly regarded | ||||||
| 6 | as a day's work for that
employment, and shall include overtime | ||||||
| 7 | earnings. The earnings shall not
include any sum which the | ||||||
| 8 | employer has been accustomed to pay the employee
to cover any | ||||||
| 9 | special expense entailed on him by the nature of his
| ||||||
| 10 | employment.
| ||||||
| 11 | (h) In computing the compensation to be paid to any | ||||||
| 12 | employee, who,
before the disablement for which he claims | ||||||
| 13 | compensation, was a person with a disability disabled and
| ||||||
| 14 | drawing compensation under the terms of this Act, the | ||||||
| 15 | compensation for
each subsequent disablement shall be | ||||||
| 16 | apportioned according to the
proportion of incapacity and | ||||||
| 17 | disability caused by the respective
disablements which he may | ||||||
| 18 | have suffered.
| ||||||
| 19 | (i) To determine the amount of compensation for each | ||||||
| 20 | installment period,
the amount per annum shall be ascertained | ||||||
| 21 | pursuant hereto, and such amount
divided by the number of | ||||||
| 22 | installment periods per annum.
| ||||||
| 23 | (Source: P.A. 79-78.)
| ||||||
| 24 | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| ||||||
| 25 | Sec. 17. The Commission shall cause to be printed and shall | ||||||
| |||||||
| |||||||
| 1 | furnish
free of charge upon request by any employer or employee | ||||||
| 2 | such blank forms
as it shall deem requisite to facilitate or | ||||||
| 3 | promote the efficient
administration of this Act, and the | ||||||
| 4 | performance of the duties of the
Commission. It shall provide a | ||||||
| 5 | proper record in which shall be entered
and indexed the name of | ||||||
| 6 | any employer who shall file a notice of election
under this | ||||||
| 7 | Act, and the date of the filing thereof; and a proper record
in | ||||||
| 8 | which shall be entered and indexed the name of any employee who | ||||||
| 9 | shall
file a notice of election, and the date of the filing | ||||||
| 10 | thereof; and such
other notices as may be required by this Act; | ||||||
| 11 | and records in which shall
be recorded all proceedings, orders | ||||||
| 12 | and awards had or made by the
Commission, or by the arbitration | ||||||
| 13 | committees, and such other books or
records as it shall deem | ||||||
| 14 | necessary, all such records to be kept in the
office of the | ||||||
| 15 | Commission. The Commission, in its discretion, may destroy
all | ||||||
| 16 | papers and documents except notices of election and waivers | ||||||
| 17 | which
have been on file for more than five years where there is | ||||||
| 18 | no claim for
compensation pending, or where more than two years | ||||||
| 19 | have elapsed since
the termination of the compensation period.
| ||||||
| 20 | The Commission shall compile and distribute to interested | ||||||
| 21 | persons aggregate
statistics, taken from any records and | ||||||
| 22 | reports in the possession of the
Commission. The aggregate | ||||||
| 23 | statistics shall not give the names or otherwise
identify | ||||||
| 24 | persons sustaining injuries or disabilities or the employer of
| ||||||
| 25 | any injured person or person with a disability or disabled | ||||||
| 26 | person.
| ||||||
| |||||||
| |||||||
| 1 | The Commission is authorized to establish reasonable fees | ||||||
| 2 | and methods
of payment limited to covering only the costs to | ||||||
| 3 | the Commission for processing,
maintaining and generating | ||||||
| 4 | records or data necessary for the computerized
production of | ||||||
| 5 | documents, records and other materials except to the extent
of | ||||||
| 6 | any salaries or compensation of Commission officers or | ||||||
| 7 | employees.
| ||||||
| 8 | All fees collected by the Commission under this Section | ||||||
| 9 | shall be deposited
in the Statistical Services Revolving Fund | ||||||
| 10 | and credited to the account of
the Illinois Workers' | ||||||
| 11 | Compensation Commission.
| ||||||
| 12 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
| 13 | Section 1065. The Unemployment Insurance Act is amended by | ||||||
| 14 | changing Section 601 as follows:
| ||||||
| 15 | (820 ILCS 405/601) (from Ch. 48, par. 431) | ||||||
| 16 | Sec. 601. Voluntary leaving. | ||||||
| 17 | A. An individual shall be ineligible for
benefits for the | ||||||
| 18 | week in which he or she has left work voluntarily without good
| ||||||
| 19 | cause attributable to the employing unit and, thereafter, until | ||||||
| 20 | he or she has become
reemployed and has had earnings equal to | ||||||
| 21 | or in excess of his or her current weekly
benefit amount in | ||||||
| 22 | each of four calendar weeks which are either for services
in | ||||||
| 23 | employment, or have been or will be reported pursuant to the | ||||||
| 24 | provisions
of the Federal Insurance Contributions Act by each | ||||||
| |||||||
| |||||||
| 1 | employing unit for which
such services are performed and which | ||||||
| 2 | submits a statement certifying to that fact.
| ||||||
| 3 | B. The provisions of this Section shall not apply to an | ||||||
| 4 | individual
who has left work voluntarily:
| ||||||
| 5 | 1. Because he or she is deemed physically unable to | ||||||
| 6 | perform his or her work by a licensed
and practicing | ||||||
| 7 | physician, or because the individual's assistance is | ||||||
| 8 | necessary for the
purpose of caring for his or her spouse, | ||||||
| 9 | child, or parent who, according to a licensed and | ||||||
| 10 | practicing physician or as otherwise reasonably verified, | ||||||
| 11 | is in poor physical
or mental health or is a person with a | ||||||
| 12 | mental or physical disability mentally or physically | ||||||
| 13 | disabled and the employer is unable to accommodate the | ||||||
| 14 | individual's need to provide such assistance;
| ||||||
| 15 | 2. To accept other bona fide work and, after such | ||||||
| 16 | acceptance, the individual
is either not unemployed in each | ||||||
| 17 | of 2 weeks, or earns remuneration for such
work equal to at | ||||||
| 18 | least twice his or her current weekly benefit amount;
| ||||||
| 19 | 3. In lieu of accepting a transfer to other work | ||||||
| 20 | offered to the individual
by the employing unit under the | ||||||
| 21 | terms of a collective bargaining agreement
or pursuant to | ||||||
| 22 | an established employer plan, program, or policy, if the
| ||||||
| 23 | acceptance of such other work by the individual would | ||||||
| 24 | require the separation
from that work of another individual | ||||||
| 25 | currently performing it;
| ||||||
| 26 | 4. Solely because of the sexual harassment of the | ||||||
| |||||||
| |||||||
| 1 | individual by another
employee. Sexual harassment means | ||||||
| 2 | (1) unwelcome sexual advances, requests
for sexual favors, | ||||||
| 3 | sexually motivated physical contact or other conduct
or | ||||||
| 4 | communication which is made a term or condition of the | ||||||
| 5 | employment or
(2) the employee's submission to or rejection | ||||||
| 6 | of such conduct or communication
which is the basis for | ||||||
| 7 | decisions affecting employment, or (3) when such
conduct or | ||||||
| 8 | communication has the purpose or effect of substantially | ||||||
| 9 | interfering
with an individual's work performance or | ||||||
| 10 | creating an intimidating, hostile,
or offensive working | ||||||
| 11 | environment and the employer knows or should know of
the | ||||||
| 12 | existence of the harassment and fails to take timely and | ||||||
| 13 | appropriate
action;
| ||||||
| 14 | 5. Which he or she had accepted after separation from | ||||||
| 15 | other work, and the work
which he or she left voluntarily | ||||||
| 16 | would be deemed unsuitable under the provisions
of Section | ||||||
| 17 | 603;
| ||||||
| 18 | 6. (a) Because the individual left work due to verified | ||||||
| 19 | domestic violence as defined in Section 103 of
the Illinois | ||||||
| 20 | Domestic Violence Act of 1986 where the domestic violence | ||||||
| 21 | caused the individual to reasonably believe that his or her | ||||||
| 22 | continued employment would jeopardize his or her safety or | ||||||
| 23 | the safety of his or her spouse, minor child, or parent
| ||||||
| 24 | if the individual provides the following:
| ||||||
| 25 | (i) notice to the employing unit of the reason for | ||||||
| 26 | the
individual's
voluntarily leaving; and
| ||||||
| |||||||
| |||||||
| 1 | (ii) to the Department provides:
| ||||||
| 2 | (A) an order of protection or other | ||||||
| 3 | documentation of equitable relief
issued by a | ||||||
| 4 | court of competent jurisdiction; or
| ||||||
| 5 | (B) a police report or criminal charges | ||||||
| 6 | documenting the domestic
violence; or
| ||||||
| 7 | (C) medical documentation of the domestic | ||||||
| 8 | violence; or
| ||||||
| 9 | (D) evidence of domestic violence from a | ||||||
| 10 | member of the clergy, attorney, counselor, social | ||||||
| 11 | worker,
health worker or domestic violence shelter | ||||||
| 12 | worker.
| ||||||
| 13 | (b) If the individual does not meet the provisions of | ||||||
| 14 | subparagraph (a), the
individual shall be held to have | ||||||
| 15 | voluntarily terminated employment for the
purpose of | ||||||
| 16 | determining the individual's eligibility for benefits | ||||||
| 17 | pursuant to
subsection A.
| ||||||
| 18 | (c) Notwithstanding any other provision to the | ||||||
| 19 | contrary, evidence of
domestic violence experienced by an | ||||||
| 20 | individual, or his or her spouse, minor child, or parent, | ||||||
| 21 | including the individual's
statement and corroborating | ||||||
| 22 | evidence, shall not be disclosed by the Department
unless | ||||||
| 23 | consent for disclosure is given by the individual.
| ||||||
| 24 | 7. Because, due to a change in location of employment | ||||||
| 25 | of the individual's spouse, the individual left work to | ||||||
| 26 | accompany his or her spouse to a place from which it is | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | impractical to commute or because the individual left | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | employment to accompany a spouse who has been reassigned | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | from one military assignment to another. The employer's | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | account, however, shall not be charged for any benefits | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | paid out to the individual who leaves work under a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | circumstance described in this paragraph. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | C. Within 90 days of the effective date of this amendatory | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Act of the 96th General Assembly, the Department shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | promulgate rules, pursuant to the Illinois Administrative | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | Procedure Act and consistent with Section 903(f)(3)(B) of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | Social Security Act, to clarify and provide guidance regarding | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | eligibility and the prevention of fraud. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | (Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | Section 9999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | becoming law.
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