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Public Act 104-0234 |
| HB2547 Enrolled | LRB104 09526 KTG 19589 b |
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AN ACT concerning the Illinois Department of Veterans |
Affairs. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The State Employee Indemnification Act is |
amended by changing Sections 1 and 2 as follows: |
(5 ILCS 350/1) (from Ch. 127, par. 1301) |
Sec. 1. Definitions. For the purpose of this Act: |
(a) The term "State" means the State of Illinois, the |
General Assembly, the court, or any State office, department, |
division, bureau, board, commission, or committee, the |
governing boards of the public institutions of higher |
education created by the State, the Illinois National Guard, |
the Illinois State Guard, the Comprehensive Health Insurance |
Board, any poison control center designated under the Poison |
Control System Act that receives State funding, or any other |
agency or instrumentality of the State. It does not mean any |
local public entity as that term is defined in Section 1-206 of |
the Local Governmental and Governmental Employees Tort |
Immunity Act or a pension fund. |
(b) The term "employee" means: any present or former |
elected or appointed officer, trustee or employee of the |
State, or of a pension fund; any present or former |
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commissioner or employee of the Executive Ethics Commission or |
of the Legislative Ethics Commission; any present or former |
Executive, Legislative, or Auditor General's Inspector |
General; any present or former employee of an Office of an |
Executive, Legislative, or Auditor General's Inspector |
General; any present or former member of the Illinois National |
Guard while on active duty; any present or former member of the |
Illinois State Guard while on State active duty; individuals |
or organizations who contract with the Department of |
Corrections, the Department of Juvenile Justice, the |
Comprehensive Health Insurance Board, or the Department of |
Veterans Veterans' Affairs to provide services; individuals or |
organizations who contract with the Department of Human |
Services (as successor to the Department of Mental Health and |
Developmental Disabilities) to provide services including but |
not limited to treatment and other services for sexually |
violent persons; individuals or organizations who contract |
with the Department of Military Affairs for youth programs; |
individuals or organizations who contract to perform carnival |
and amusement ride safety inspections for the Department of |
Labor; individuals who contract with the Office of the State's |
Attorneys Appellate Prosecutor to provide legal services, but |
only when performing duties within the scope of the Office's |
prosecutorial activities; individual representatives of or |
designated organizations authorized to represent the Office of |
State Long-Term Ombudsman for the Department on Aging; |
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individual representatives of or organizations designated by |
the Department on Aging in the performance of their duties as |
adult protective services agencies or regional administrative |
agencies under the Adult Protective Services Act; individuals |
or organizations appointed as members of a review team or the |
Advisory Council under the Adult Protective Services Act; |
individuals or organizations who perform volunteer services |
for the State where such volunteer relationship is reduced to |
writing; individuals who serve on any public entity (whether |
created by law or administrative action) described in |
paragraph (a) of this Section; individuals or not for profit |
organizations who, either as volunteers, where such volunteer |
relationship is reduced to writing, or pursuant to contract, |
furnish professional advice or consultation to any agency or |
instrumentality of the State; individuals who serve as foster |
parents for the Department of Children and Family Services |
when caring for youth in care as defined in Section 4d of the |
Children and Family Services Act; individuals who serve as |
members of an independent team of experts under the |
Developmental Disability and Mental Health Safety Act (also |
known as Brian's Law); and individuals who serve as |
arbitrators pursuant to Part 10A of Article II of the Code of |
Civil Procedure and the rules of the Supreme Court |
implementing Part 10A, each as now or hereafter amended; the |
members of the Certification Review Panel under the Illinois |
Police Training Act; the term "employee" does not mean an |
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independent contractor except as provided in this Section. The |
term includes an individual appointed as an inspector by the |
Director of the Illinois State Police when performing duties |
within the scope of the activities of a Metropolitan |
Enforcement Group or a law enforcement organization |
established under the Intergovernmental Cooperation Act. An |
individual who renders professional advice and consultation to |
the State through an organization which qualifies as an |
"employee" under the Act is also an employee. The term |
includes the estate or personal representative of an employee. |
(c) The term "pension fund" means a retirement system or |
pension fund created under the Illinois Pension Code. |
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; |
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(5 ILCS 350/2) (from Ch. 127, par. 1302) |
Sec. 2. Representation and indemnification of State |
employees. |
(a) In the event that any civil proceeding is commenced |
against any State employee arising out of any act or omission |
occurring within the scope of the employee's State employment, |
the Attorney General shall, upon timely and appropriate notice |
to him by such employee, appear on behalf of such employee and |
defend the action. In the event that any civil proceeding is |
commenced against any physician who is an employee of the |
Department of Corrections or the Department of Human Services |
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(in a position relating to the Department's mental health and |
developmental disabilities functions) alleging death or bodily |
injury or other injury to the person of the complainant |
resulting from and arising out of any act or omission |
occurring on or after December 3, 1977 within the scope of the |
employee's State employment, or against any physician who is |
an employee of the Department of Veterans Veterans' Affairs |
alleging death or bodily injury or other injury to the person |
of the complainant resulting from and arising out of any act or |
omission occurring on or after the effective date of this |
amendatory Act of 1988 within the scope of the employee's |
State employment, or in the event that any civil proceeding is |
commenced against any attorney who is an employee of the State |
Appellate Defender alleging legal malpractice or for other |
damages resulting from and arising out of any legal act or |
omission occurring on or after December 3, 1977, within the |
scope of the employee's State employment, or in the event that |
any civil proceeding is commenced against any individual or |
organization who contracts with the Department of Labor to |
provide services as a carnival and amusement ride safety |
inspector alleging malpractice, death or bodily injury or |
other injury to the person arising out of any act or omission |
occurring on or after May 1, 1985, within the scope of that |
employee's State employment, the Attorney General shall, upon |
timely and appropriate notice to him by such employee, appear |
on behalf of such employee and defend the action. Any such |
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notice shall be in writing, shall be mailed within 15 days |
after the date of receipt by the employee of service of |
process, and shall authorize the Attorney General to represent |
and defend the employee in the proceeding. The giving of this |
notice to the Attorney General shall constitute an agreement |
by the State employee to cooperate with the Attorney General |
in his defense of the action and a consent that the Attorney |
General shall conduct the defense as he deems advisable and in |
the best interests of the employee, including settlement in |
the Attorney General's discretion. In any such proceeding, the |
State shall pay the court costs and litigation expenses of |
defending such action, to the extent approved by the Attorney |
General as reasonable, as they are incurred. |
(b) In the event that the Attorney General determines that |
so appearing and defending an employee either (1) involves an |
actual or potential conflict of interest, or (2) that the act |
or omission which gave rise to the claim was not within the |
scope of the employee's State employment or was intentional, |
wilful or wanton misconduct, the Attorney General shall |
decline in writing to appear or defend or shall promptly take |
appropriate action to withdraw as attorney for such employee. |
Upon receipt of such declination or upon such withdrawal by |
the Attorney General on the basis of an actual or potential |
conflict of interest, the State employee may employ his own |
attorney to appear and defend, in which event the State shall |
pay the employee's court costs, litigation expenses and |
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attorneys' fees to the extent approved by the Attorney General |
as reasonable, as they are incurred. In the event that the |
Attorney General declines to appear or withdraws on the |
grounds that the act or omission was not within the scope of |
employment, or was intentional, wilful or wanton misconduct, |
and a court or jury finds that the act or omission of the State |
employee was within the scope of employment and was not |
intentional, wilful or wanton misconduct, the State shall |
indemnify the State employee for any damages awarded and court |
costs and attorneys' fees assessed as part of any final and |
unreversed judgment. In such event the State shall also pay |
the employee's court costs, litigation expenses and attorneys' |
fees to the extent approved by the Attorney General as |
reasonable. |
In the event that the defendant in the proceeding is an |
elected State official, including members of the General |
Assembly, the elected State official may retain his or her |
attorney, provided that said attorney shall be reasonably |
acceptable to the Attorney General. In such case the State |
shall pay the elected State official's court costs, litigation |
expenses, and attorneys' fees, to the extent approved by the |
Attorney General as reasonable, as they are incurred. |
(b-5) The Attorney General may file a counterclaim on |
behalf of a State employee, provided: |
(1) the Attorney General determines that the State |
employee is entitled to representation in a civil action |
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under this Section; |
(2) the counterclaim arises out of any act or omission |
occurring within the scope of the employee's State |
employment that is the subject of the civil action; and |
(3) the employee agrees in writing that if judgment is |
entered in favor of the employee, the amount of the |
judgment shall be applied to offset any judgment that may |
be entered in favor of the plaintiff, and then to |
reimburse the State treasury for court costs and |
litigation expenses required to pursue the counterclaim. |
The balance of the collected judgment shall be paid to the |
State employee. |
(c) Notwithstanding any other provision of this Section, |
representation and indemnification of a judge under this Act |
shall also be provided in any case where the plaintiff seeks |
damages or any equitable relief as a result of any decision, |
ruling or order of a judge made in the course of his or her |
judicial or administrative duties, without regard to the |
theory of recovery employed by the plaintiff. Indemnification |
shall be for all damages awarded and all court costs, attorney |
fees and litigation expenses assessed against the judge. When |
a judge has been convicted of a crime as a result of his or her |
intentional judicial misconduct in a trial, that judge shall |
not be entitled to indemnification and representation under |
this subsection in any case maintained by a party who seeks |
damages or other equitable relief as a direct result of the |
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judge's intentional judicial misconduct. |
(d) In any such proceeding where notice in accordance with |
this Section has been given to the Attorney General, unless |
the court or jury finds that the conduct or inaction which gave |
rise to the claim or cause of action was intentional, wilful or |
wanton misconduct and was not intended to serve or benefit |
interests of the State, the State shall indemnify the State |
employee for any damages awarded and court costs and |
attorneys' fees assessed as part of any final and unreversed |
judgment, or shall pay such judgment. Unless the Attorney |
General determines that the conduct or inaction which gave |
rise to the claim or cause of action was intentional, wilful or |
wanton misconduct and was not intended to serve or benefit |
interests of the State, the case may be settled, in the |
Attorney General's discretion and with the employee's consent, |
and the State shall indemnify the employee for any damages, |
court costs and attorneys' fees agreed to as part of the |
settlement, or shall pay such settlement. Where the employee |
is represented by private counsel, any settlement must be so |
approved by the Attorney General and the court having |
jurisdiction, which shall obligate the State to indemnify the |
employee. |
(e) (i) Court costs and litigation expenses and other |
costs of providing a defense or counterclaim, including |
attorneys' fees obligated under this Section, shall be paid |
from the State Treasury on the warrant of the Comptroller out |
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of appropriations made to the Department of Central Management |
Services specifically designed for the payment of costs, fees |
and expenses covered by this Section. |
(ii) Upon entry of a final judgment against the employee, |
or upon the settlement of the claim, the employee shall cause |
to be served a copy of such judgment or settlement, personally |
or by certified or registered mail within thirty days of the |
date of entry or settlement, upon the chief administrative |
officer of the department, office or agency in which he is |
employed. If not inconsistent with the provisions of this |
Section, such judgment or settlement shall be certified for |
payment by such chief administrative officer and by the |
Attorney General. The judgment or settlement shall be paid |
from the State Treasury on the warrant of the Comptroller out |
of appropriations made to the Department of Central Management |
Services specifically designed for the payment of claims |
covered by this Section. |
(f) Nothing contained or implied in this Section shall |
operate, or be construed or applied, to deprive the State, or |
any employee thereof, of any defense heretofore available. |
(g) This Section shall apply regardless of whether the |
employee is sued in his or her individual or official |
capacity. |
(h) This Section shall not apply to claims for bodily |
injury or damage to property arising from motor vehicle |
crashes. |
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(i) This Section shall apply to all proceedings filed on |
or after its effective date, and to any proceeding pending on |
its effective date, if the State employee gives notice to the |
Attorney General as provided in this Section within 30 days of |
the Act's effective date. |
(j) The amendatory changes made to this Section by this |
amendatory Act of 1986 shall apply to all proceedings filed on |
or after the effective date of this amendatory Act of 1986 and |
to any proceeding pending on its effective date, if the State |
employee gives notice to the Attorney General as provided in |
this Section within 30 days of the effective date of this |
amendatory Act of 1986. |
(k) This Act applies to all State officials who are |
serving as trustees, or their appointing authorities, of a |
clean energy community trust or as members of a not-for-profit |
foundation or corporation established pursuant to Section |
16-111.1 of the Public Utilities Act. |
(l) The State shall not provide representation for, nor |
shall it indemnify, any State employee in (i) any criminal |
proceeding in which the employee is a defendant or (ii) any |
criminal investigation in which the employee is the target. |
Nothing in this Act shall be construed to prohibit the State |
from providing representation to a State employee who is a |
witness in a criminal matter arising out of that employee's |
State employment. |
(Source: P.A. 102-982, eff. 7-1-23.) |
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Section 10. The State Services Assurance Act for FY2008 is |
amended by changing Section 3-15 as follows: |
(5 ILCS 382/3-15) |
Sec. 3-15. Staffing standards. On or before July 1, 2008 |
each named agency shall increase and maintain the number of |
bilingual on-board frontline staff over the levels that it |
maintained on June 30, 2007 as follows: |
(1) The Department of Corrections shall have at least |
40 additional bilingual on-board frontline staff. |
(2) Mental health and developmental centers operated |
by the Department of Human Services shall have at least 20 |
additional bilingual on-board frontline staff. |
(3) Family and Community Resource Centers operated by |
the Department of Human Services shall have at least 100 |
additional bilingual on-board frontline staff. |
(4) The Department of Children and Family Services |
shall have at least 40 additional bilingual on-board |
frontline staff. |
(5) The Department of Veterans Veterans' Affairs shall |
have at least 5 additional bilingual on-board frontline |
staff. |
(6) The Environmental Protection Agency shall have at |
least 5 additional bilingual on-board frontline staff. |
(7) The Department of Employment Security shall have |
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at least 10 additional bilingual on-board frontline staff. |
(8) The Department of Natural Resources shall have at |
least 5 additional bilingual on-board frontline staff. |
(9) The Department of Public Health shall have at |
least 5 additional bilingual on-board frontline staff. |
(10) The Illinois State Police shall have at least 5 |
additional bilingual on-board frontline staff. |
(11) The Department of Juvenile Justice shall have at |
least 25 additional bilingual on-board frontline staff. |
(Source: P.A. 102-538, eff. 8-20-21.) |
Section 15. The Flag Display Act is amended by changing |
Section 10 as follows: |
(5 ILCS 465/10) |
Sec. 10. Death of resident military member, law |
enforcement officer, firefighter, or members of EMS crews. |
(a) The Governor shall issue an official notice to fly the |
following flags at half-staff upon the death of a resident of |
this State killed (i) by hostile fire as a member of the United |
States armed forces, (ii) in the line of duty as a law |
enforcement officer, (iii) in the line of duty as a |
firefighter, (iv) in the line of duty as a member of an |
Emergency Medical Services (EMS) crew, or (v) during on duty |
training for active military duty: the United States national |
flag, the State flag of Illinois, and, in the case of the death |
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of the member of the United States armed forces, the |
appropriate military flag as defined in subsection (b) of |
Section 18.6 of the Condominium Property Act and the Honor and |
Remember Flag designated under Section 16 of this Act. Upon |
the Governor's notice, each person or entity required by this |
Act to ensure the display of the United States national flag on |
a flagstaff shall ensure that the flags described in the |
notice are displayed at half-staff on the day designated for |
the resident's funeral and the 2 days preceding that day. |
(b) The Department of Veterans Veterans' Affairs shall |
notify the Governor of the death by hostile fire of an Illinois |
resident member of the United States armed forces. In lieu of |
notice being provided by the Department of Veterans Veterans' |
Affairs, any other State or Federal entity, agency, or person |
holding such information may notify the Governor of the death |
by hostile fire of an Illinois resident member of the United |
States armed forces. If such notice is provided to the |
Governor by an entity, agency, or person other than the |
Department of Veterans Veterans' Affairs, then the obligation |
to notify the Governor of an Illinois resident soldier's death |
under this subsection (b) shall be considered fulfilled. The |
Illinois State Police shall notify the Governor of the death |
in the line of duty of an Illinois resident law enforcement |
officer. The Office of the State Fire Marshal shall notify the |
Governor of the death in the line of duty of an Illinois |
resident firefighter. The Department of Public Health shall |
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notify the Governor of the death in the line of duty of an |
Illinois resident member of an Emergency Medical Services |
(EMS) crew. Notice to the Governor shall include at least the |
resident's name and Illinois address, the date designated for |
the funeral, and the circumstances of the death. |
(c) For the purpose of this Section, the United States |
armed forces includes: (i) the United States Army, Navy, |
Marine Corps, Air Force, Space Force, and Coast Guard; (ii) |
any reserve component of each of the forces listed in item (i); |
and (iii) the National Guard. |
(d) Nothing in this Section requires the removal or |
relocation of any existing flags currently displayed in the |
State. This Section does not apply to a State facility if the |
requirements of this Section cannot be satisfied without a |
physical modification to that facility. |
(Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24; |
103-746, eff. 1-1-25.) |
Section 20. The Executive Order 1 (2012) Implementation |
Act is amended by changing Sections 15, 25, 30, 35, 55, and 65 |
as follows: |
(15 ILCS 16/15) |
Sec. 15. Transfer back of State healthcare purchasing |
functions transferred by Executive Order 3 (2005). |
(a) On the date 6 months after the effective date of this |
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Act or as soon thereafter as practical, all of the powers, |
duties, rights, and responsibilities related to State |
healthcare purchasing that were transferred from the |
Department of Central Management Services, the Department of |
Corrections, the Department of Human Services, and the |
Department of Veterans' Affairs (now the Department of |
Veterans Affairs) to the Department of Healthcare and Family |
Services by Executive Order 3 (2005) are transferred back to |
the Departments from which those powers, duties, rights, and |
responsibilities were transferred; however, powers, duties, |
rights, and responsibilities related to State healthcare |
purchasing that were exercised by the Department of |
Corrections before the effective date of Executive Order 3 |
(2005) but that pertain to individuals resident in facilities |
operated by the Department of Juvenile Justice are transferred |
to the Department of Juvenile Justice. |
(b) The functions associated with State healthcare |
purchasing that are transferred from the Department of |
Healthcare and Family Services under this Section include, |
without limitation, the following: |
(1) Rate development and negotiation with hospitals, |
physicians, and managed care providers. |
(2) Health care procurement development. |
(3) Contract implementation and fiscal monitoring. |
(4) Contract amendments. |
(5) Payment processing. |
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(6) Purchasing aspects of health care plans |
administered by the State on behalf of the following: |
(A) State employees. These healthcare purchasing |
functions include the following health care plans: |
quality care health plan; managed care health plan; |
vision plan; pharmacy benefits plan; dental plan; |
behavioral health plan; employee assistance plan; |
utilization management plan; and SHIPs and various |
subrogation agreements. These healthcare purchasing |
functions also include the purchasing and |
administration of flu shots, hepatitis B vaccinations, |
and tuberculosis tests. |
(B) Persons other than State employees. These |
healthcare purchasing functions include the following |
health care plans: the retired teachers' health |
insurance plan under the State Employees Group |
Insurance Act of 1971; the local government health |
insurance plan under the State Employees Group |
Insurance Act of 1971; the community colleges health |
insurance plan under the State Employees Group |
Insurance Act of 1971; the active teacher prescription |
program; and the Illinois Prescription Drug Discount |
Program. |
(C) Residents of State-operated facilities, |
including (i) correctional and youth facilities |
operated by the Department of Corrections or the |
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Department of Juvenile Justice, (ii) mental health |
centers and developmental centers operated by the |
Department of Human Services, and (iii) veterans homes |
operated by the Department of Veterans' Affairs (now |
the Department of Veterans Affairs). |
(c) The powers, duties, rights, and responsibilities |
vested in or associated with State healthcare purchasing are |
not affected by this Act, except that all management and staff |
support or other resources necessary to the operation of a |
State healthcare purchasing function shall be provided by the |
Department to which that function is transferred under this |
Act. |
(Source: P.A. 98-488, eff. 8-16-13.) |
(15 ILCS 16/25) |
Sec. 25. Personnel transferred. |
(a) Personnel and positions within the Department of |
Healthcare and Family Services that are engaged in the |
performance of State healthcare purchasing functions |
transferred back to the Department of Central Management |
Services are transferred to and shall continue their service |
within the Department of Central Management Services. The |
status and rights of those employees under the Personnel Code |
are not affected by this Act. |
(b) Personnel and positions of the Department of |
Corrections, the Department of Juvenile Justice, the |
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Department of Human Services, and the Department of Veterans' |
Affairs (now the Department of Veterans Affairs) were not in |
fact transferred under Executive Order 3 (2005) and are not |
affected by this Act. |
(Source: P.A. 98-488, eff. 8-16-13.) |
(15 ILCS 16/30) |
Sec. 30. Books and records transferred. All books, |
records, papers, documents, property (real and personal), |
contracts, and pending business pertaining to the powers, |
duties, rights, and responsibilities related to any of the |
State healthcare purchasing functions transferred under this |
Act from the Department of Healthcare and Family Services to |
the Department of Central Management Services, the Department |
of Corrections, the Department of Juvenile Justice, the |
Department of Human Services, and the Department of Veterans' |
Affairs (now the Department of Veterans Affairs), including, |
but not limited to, material in electronic or magnetic format |
and necessary computer hardware and software, shall be |
delivered to the Department to which that State healthcare |
purchasing function is transferred under this Act, provided |
that the delivery of that information may not violate any |
applicable confidentiality constraints. The access by |
personnel of the Department of Central Management Services, |
the Department of Corrections, the Department of Juvenile |
Justice, the Department of Human Services, and the Department |
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of Veterans' Affairs (now the Department of Veterans Affairs) |
to databases and electronic health information that are |
currently maintained by the Department of Healthcare and |
Family Services and that contain data and information |
necessary to the performance of the State healthcare |
purchasing functions shall continue in the same manner and |
level of access as before the effective date of Executive |
Order 1 (2012). Staff of the Department of Central Management |
Services, the Department of Corrections, the Department of |
Juvenile Justice, the Department of Human Services, and the |
Department of Veterans' Affairs (now the Department of |
Veterans Affairs) may work with staff of the Department of |
Healthcare and Family Services to add new information relevant |
to State healthcare purchasing functions. |
(Source: P.A. 98-488, eff. 8-16-13.) |
(15 ILCS 16/35) |
Sec. 35. Unexpended moneys transferred. |
(a) With respect to the State healthcare purchasing |
functions transferred under this Act, the Department of |
Central Management Services is the successor agency to the |
Department of Healthcare and Family Services under the |
Successor Agency Act and Section 9b of the State Finance Act. |
All unexpended appropriations and balances and other moneys |
available for use in connection with any of the State |
healthcare purchasing functions transferred from the |
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Department of Healthcare and Family Services to the Department |
of Central Management Services are transferred for use by the |
Department of Central Management Services for the exercise of |
those functions pursuant to the direction of the Governor. |
Unexpended balances so transferred shall be expended only for |
the purpose for which the appropriations were originally made. |
(b) Appropriations of the Department of Corrections, the |
Department of Juvenile Justice, the Department of Human |
Services, and the Department of Veterans' Affairs (now the |
Department of Veterans Affairs) were not in fact transferred |
under Executive Order 3 (2005) and are not affected by this |
Act. |
(Source: P.A. 98-488, eff. 8-16-13.) |
(15 ILCS 16/55) |
Sec. 55. Agency officers; penalties. Every officer of the |
Department of Central Management Services, the Department of |
Corrections, the Department of Juvenile Justice, the |
Department of Human Services, and the Department of Veterans' |
Affairs (now the Department of Veterans Affairs) is, for any |
offense, subject to the same penalty or penalties, civil or |
criminal, as are prescribed by existing law for the same |
offense by any officer whose powers or duties are transferred |
under this Act. |
(Source: P.A. 98-488, eff. 8-16-13.) |
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(15 ILCS 16/65) |
Sec. 65. Interagency agreements. To the extent necessary |
or prudent to fully implement the intent of this Act, the |
Department of Central Management Services, the Department of |
Corrections, the Department of Human Services, the Department |
of Juvenile Justice, the Department of Veterans' Affairs (now |
the Department of Veterans Affairs), and the Department of |
Healthcare and Family Services may enter into one or more |
interagency agreements to ensure the full and appropriate |
transfer of all State healthcare purchasing functions |
transferred from the Department of Healthcare and Family |
Services under this Act. |
(Source: P.A. 98-488, eff. 8-16-13.) |
Section 30. The Illinois Identification Card Act is |
amended by changing Sections 5 and 11 as follows: |
(15 ILCS 335/5) |
Sec. 5. Applications. |
(a) Any natural person who is a resident of the State of |
Illinois may file an application for an identification card, |
or for the renewal thereof, in a manner prescribed by the |
Secretary. Each original application shall be completed by the |
applicant in full and shall set forth the legal name, |
residence address and zip code, social security number, if the |
person has a social security number, birth date, sex and a |
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brief description of the applicant. The applicant shall be |
photographed, unless the Secretary of State has provided by |
rule for the issuance of identification cards without |
photographs and the applicant is deemed eligible for an |
identification card without a photograph under the terms and |
conditions imposed by the Secretary of State, and he or she |
shall also submit any other information as the Secretary may |
deem necessary or such documentation as the Secretary may |
require to determine the identity of the applicant. In |
addition to the residence address, the Secretary may allow the |
applicant to provide a mailing address. If the applicant is an |
employee of the Department of Children and Family Services |
with a job title of "Child Protection Specialist Trainee", |
"Child Protection Specialist", "Child Protection Advanced |
Specialist", "Child Welfare Specialist Trainee", "Child |
Welfare Specialist", or "Child Welfare Advanced Specialist" or |
a judicial officer as defined in Section 1-10 of the Judicial |
Privacy Act or a peace officer, the applicant may elect to have |
his or her office or work address in lieu of the applicant's |
residence or mailing address. An applicant for an Illinois |
Person with a Disability Identification Card must also submit |
with each original or renewal application, on forms prescribed |
by the Secretary, such documentation as the Secretary may |
require, establishing that the applicant is a "person with a |
disability" as defined in Section 4A of this Act, and setting |
forth the applicant's type and class of disability as set |
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forth in Section 4A of this Act. For the purposes of this |
subsection (a), "peace officer" means any person who by virtue |
of his or her office or public employment is vested by law with |
a duty to maintain public order or to make arrests for a |
violation of any penal statute of this State, whether that |
duty extends to all violations or is limited to specific |
violations. |
(a-5) Upon the first issuance of a request for proposals |
for a digital driver's license and identification card |
issuance and facial recognition system issued after January 1, |
2020 (the effective date of Public Act 101-513), and upon |
implementation of a new or revised system procured pursuant to |
that request for proposals, the Secretary shall permit |
applicants to choose between "male", "female", or "non-binary" |
when designating the applicant's sex on the identification |
card application form. The sex designated by the applicant |
shall be displayed on the identification card issued to the |
applicant. |
(b) Beginning on or before July 1, 2015, for each original |
or renewal identification card application under this Act, the |
Secretary shall inquire as to whether the applicant is a |
veteran for purposes of issuing an identification card with a |
veteran designation under subsection (c-5) of Section 4 of |
this Act. The acceptable forms of proof shall include, but are |
not limited to, Department of Defense form DD-214, Department |
of Defense form DD-256 for applicants who did not receive a |
|
form DD-214 upon the completion of initial basic training, |
Department of Defense form DD-2 (Retired), an identification |
card issued under the federal Veterans Identification Card Act |
of 2015, or a United States Department of Veterans Affairs |
summary of benefits letter. If the document cannot be stamped, |
the Illinois Department of Veterans Veterans' Affairs shall |
provide a certificate to the veteran to provide to the |
Secretary of State. The Illinois Department of Veterans |
Veterans' Affairs shall advise the Secretary as to what other |
forms of proof of a person's status as a veteran are |
acceptable. |
For each applicant who is issued an identification card |
with a veteran designation, the Secretary shall provide the |
Department of Veterans Veterans' Affairs with the applicant's |
name, address, date of birth, gender, and such other |
demographic information as agreed to by the Secretary and the |
Department. The Department may take steps necessary to confirm |
the applicant is a veteran. If after due diligence, including |
writing to the applicant at the address provided by the |
Secretary, the Department is unable to verify the applicant's |
veteran status, the Department shall inform the Secretary, who |
shall notify the applicant that he or she must confirm status |
as a veteran, or the identification card will be canceled |
cancelled. |
For purposes of this subsection (b): |
"Armed forces" means any of the Armed Forces of the United |
|
States, including a member of any reserve component or |
National Guard unit. |
"Veteran" means a person who has served in the armed |
forces and was discharged or separated under honorable |
conditions. |
(b-1) An applicant who is eligible for Gold Star license |
plates under Section 3-664 of the Illinois Vehicle Code may |
apply for an identification card with space for a designation |
as a Gold Star Family. The Secretary may waive any fee for this |
application. If the Secretary does not waive the fee, any fee |
charged to the applicant must be deposited into the Illinois |
Veterans Assistance Fund. The Secretary is authorized to issue |
rules to implement this subsection. |
(c) All applicants for REAL ID compliant standard Illinois |
Identification Cards and Illinois Person with a Disability |
Identification Cards shall provide proof of lawful status in |
the United States as defined in 6 CFR 37.3, as amended. |
Applicants who are unable to provide the Secretary with proof |
of lawful status are ineligible for REAL ID compliant |
identification cards under this Act. |
(d) The Secretary of State may accept, as proof of date of |
birth and written signature for any applicant for a standard |
identification card who does not have a social security number |
or documentation issued by the United States Department of |
Homeland Security authorizing the applicant's presence in this |
country, any passport validly issued to the applicant from the |
|
applicant's country of citizenship or a consular |
identification document validly issued to the applicant by a |
consulate of that country as defined in Section 5 of the |
Consular Identification Document Act. Any such documents must |
be either unexpired or presented by an applicant within 2 |
years of its expiration date. |
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; |
103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.) |
(15 ILCS 335/11) (from Ch. 124, par. 31) |
Sec. 11. Records. |
(a) The Secretary may make a search of his records and |
furnish information as to whether a person has a current |
Standard Illinois Identification Card or an Illinois Person |
with a Disability Identification Card then on file, upon |
receipt of a written application therefor accompanied with the |
prescribed fee. However, the Secretary may not disclose |
medical information concerning an individual to any person, |
public agency, private agency, corporation or governmental |
body unless the individual has submitted a written request for |
the information or unless the individual has given prior |
written consent for the release of the information to a |
specific person or entity. This exception shall not apply to: |
(1) offices and employees of the Secretary who have a need to |
know the medical information in performance of their official |
duties, or (2) orders of a court of competent jurisdiction. |
|
When medical information is disclosed by the Secretary in |
accordance with the provisions of this Section, no liability |
shall rest with the Office of the Secretary of State as the |
information is released for informational purposes only. |
(b) Except as otherwise provided in this Section, the |
Secretary may release personally identifying information only |
to: |
(1) officers and employees of the Secretary who have a |
need to know that information for issuance of driver's |
licenses, permits, or identification cards and |
investigation of fraud or misconduct; |
(2) other governmental agencies for use in their |
official governmental functions; |
(3) law enforcement agencies for a criminal or civil |
investigation, except as restricted by subsections (g) and |
(h); |
(3-5) the State Board of Elections as may be required |
by an agreement the State Board of Elections has entered |
into with a multi-state voter registration list |
maintenance system; or |
(4) any entity that the Secretary has authorized, by |
rule. |
(c) Except as otherwise provided in this Section, the |
Secretary may release highly restricted personal information |
only to: |
(1) officers and employees of the Secretary who have a |
|
need to access the information for the issuance of |
driver's licenses, permits, or identification cards and |
investigation of fraud or misconduct; |
(2) law enforcement officials for a criminal or civil |
law enforcement investigation, except as restricted by |
subsections (g) and (h); |
(3) the State Board of Elections for the purpose of |
providing the signature for completion of voter |
registration; or |
(4) any other entity the Secretary has authorized by |
rule. |
(d) Documents required to be submitted with an application |
for an identification card to prove the applicant's identity |
(name and date of birth), social security number or lack of a |
social security number, written signature, residency, and, as |
applicable, citizenship and immigration status and country of |
citizenship shall be confidential and shall not be disclosed |
except to the following persons: |
(1) the individual to whom the identification card was |
issued, upon written request; |
(2) officers and employees of the Secretary of State |
who have a need to have access to the stored images for |
purposes of issuing and controlling driver's licenses, |
permits, or identification cards and investigation of |
fraud or misconduct; |
(3) law enforcement officials for a civil or criminal |
|
law enforcement investigation, except as restricted by |
subsections (g) and (h); |
(4) other entities that the Secretary may authorize by |
rule. |
(e) The Secretary may not disclose an individual's social |
security number or any associated information obtained from |
the Social Security Administration without the written request |
or consent of the individual except: (i) to officers and |
employees of the Secretary who have a need to know the social |
security number in the performance of their official duties; |
(ii) except as restricted by subsections (g) and (h) to law |
enforcement officials for a civil or criminal law enforcement |
investigation if an officer of the law enforcement agency has |
made a written request to the Secretary specifying the law |
enforcement investigation for which the social security number |
is being sought; (iii) under a lawful court order signed by a |
judge; (iv) to the Illinois Department of Veterans Veterans' |
Affairs for the purpose of confirming veteran status to |
agencies in other states responsible for the issuance of state |
identification cards for participation in State-to-State |
verification service; or (v) the last 4 digits to the Illinois |
State Board of Elections for purposes of voter registration |
and as may be required pursuant to an agreement for a |
multi-state voter registration list maintenance system. The |
Secretary retains the right to require additional verification |
regarding the validity of a request from law enforcement. If |
|
social security information is disclosed by the Secretary in |
accordance with this Section, no liability shall rest with the |
Office of the Secretary of State or any of its officers or |
employees, as the information is released for official |
purposes only. |
(f) The Secretary of State shall not provide facial |
recognition search services or photographs obtained in the |
process of issuing an identification card to any federal, |
State, or local law enforcement agency or other governmental |
entity for the purpose of enforcing federal immigration laws. |
This subsection shall not apply to requests from federal, |
State, or local law enforcement agencies or other governmental |
entities for facial recognition search services or photographs |
obtained in the process of issuing a driver's license or |
permit when the purpose of the request relates to criminal |
activity other than violations of immigration laws. |
(g) Notwithstanding any other provision of law, the |
Secretary may not release highly restricted personal |
information or personally identifying information or disclose |
documents described in subsection (d) to any immigration |
agent, as defined in Section 10 of the Illinois TRUST Act, |
unless necessary to comply with the following, to the extent |
that production of such information or documents is |
specifically required: |
(1) a lawful court order; |
(2) a judicial warrant signed by a judge appointed |
|
pursuant to Article III of the Constitution of the United |
States; or |
(3) a subpoena for individual records issued by a |
federal or State court. |
When responding to such a court order, warrant, or |
subpoena, the Secretary shall disclose only those documents or |
information specifically requested. Within 3 business days of |
receiving such a court order, warrant, or subpoena, the |
Secretary shall send a notification to the individual about |
whom such information was requested that a court order, |
warrant, or subpoena was received and the identity of the |
entity that presented the court order, warrant, or subpoena. |
(h) The Secretary shall not enter into or maintain any |
agreement regarding the sharing of any highly restricted |
personal information or personally identifying information or |
documents described in subsection (d) unless all other parties |
to such agreement certify that the information obtained will |
not be used for civil immigration purposes or knowingly |
disseminated to any third party for any purpose related to |
civil immigration enforcement. |
(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.) |
Section 45. The Civil Administrative Code of Illinois is |
amended by changing Sections 5-15, 5-20, 5-190, and 5-420 as |
follows: |
|
(20 ILCS 5/5-15) (was 20 ILCS 5/3) |
Sec. 5-15. Departments of State government. The |
Departments of State government are created as follows: |
The Department on Aging. |
The Department of Agriculture. |
The Department of Central Management Services. |
The Department of Children and Family Services. |
The Department of Commerce and Economic Opportunity. |
The Department of Corrections. |
The Department of Early Childhood. |
The Department of Employment Security. |
The Illinois Emergency Management Agency. |
The Department of Financial and Professional Regulation. |
The Department of Healthcare and Family Services. |
The Department of Human Rights. |
The Department of Human Services. |
The Department of Innovation and Technology. |
The Department of Insurance. |
The Department of Juvenile Justice. |
The Department of Labor. |
The Department of the Lottery. |
The Department of Natural Resources. |
The Department of Public Health. |
The Department of Revenue. |
The Illinois State Police. |
The Department of Transportation. |
|
The Department of Veterans Veterans' Affairs. |
(Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) |
(20 ILCS 5/5-20) (was 20 ILCS 5/4) |
Sec. 5-20. Heads of departments. Each department shall |
have an officer as its head who shall be known as director or |
secretary and who shall, subject to the provisions of the |
Civil Administrative Code of Illinois, execute the powers and |
discharge the duties vested by law in his or her respective |
department. |
The following officers are hereby created: |
Director of Aging, for the Department on Aging. |
Director of Agriculture, for the Department of |
Agriculture. |
Director of Central Management Services, for the |
Department of Central Management Services. |
Director of Children and Family Services, for the |
Department of Children and Family Services. |
Director of Commerce and Economic Opportunity, for the |
Department of Commerce and Economic Opportunity. |
Director of Corrections, for the Department of |
Corrections. |
Director of the Illinois Emergency Management Agency, for |
the Illinois Emergency Management Agency. |
Secretary of Early Childhood, for the Department of Early |
Childhood. |
|
Director of Employment Security, for the Department of |
Employment Security. |
Secretary of Financial and Professional Regulation, for |
the Department of Financial and Professional Regulation. |
Director of Healthcare and Family Services, for the |
Department of Healthcare and Family Services. |
Director of Human Rights, for the Department of Human |
Rights. |
Secretary of Human Services, for the Department of Human |
Services. |
Secretary of Innovation and Technology, for the Department |
of Innovation and Technology. |
Director of Insurance, for the Department of Insurance. |
Director of Juvenile Justice, for the Department of |
Juvenile Justice. |
Director of Labor, for the Department of Labor. |
Director of the Lottery, for the Department of the |
Lottery. |
Director of Natural Resources, for the Department of |
Natural Resources. |
Director of Public Health, for the Department of Public |
Health. |
Director of Revenue, for the Department of Revenue. |
Director of the Illinois State Police, for the Illinois |
State Police. |
Secretary of Transportation, for the Department of |
|
Transportation. |
Director of Veterans Veterans' Affairs, for the Department |
of Veterans Veterans' Affairs. |
(Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) |
(20 ILCS 5/5-190) (was 20 ILCS 5/5.01a) |
Sec. 5-190. In the Department of Veterans Veterans' |
Affairs. Assistant Director of Veterans Veterans' Affairs. |
(Source: P.A. 91-239, eff. 1-1-00.) |
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22) |
Sec. 5-420. In the Department of Veterans Veterans' |
Affairs. For terms beginning on or after January 16, 2023, the |
Director of Veterans Veterans' Affairs shall receive an annual |
salary of $200,000 or as set by the Governor, whichever is |
higher. On July 1, 2023, and on each July 1 thereafter, the |
Director shall receive an increase in salary based on a cost of |
living adjustment as authorized by Senate Joint Resolution 192 |
of the 86th General Assembly. |
For terms beginning on or after January 16, 2023, the |
Assistant Director of Veterans Veterans' Affairs shall receive |
an annual salary of $170,000 or as set by the Governor, |
whichever is higher. On July 1, 2023, and on each July 1 |
thereafter, the Assistant Director shall receive an increase |
in salary based on a cost of living adjustment as authorized by |
Senate Joint Resolution 192 of the 86th General Assembly. |
|
(Source: P.A. 102-1115, eff. 1-9-23.) |
Section 50. The Illinois Act on the Aging is amended by |
changing Sections 4.04a and 8.10 as follows: |
(20 ILCS 105/4.04a) |
Sec. 4.04a. Illinois Long-Term Care Council. |
(a) Purpose. The purpose of this Section is to ensure that |
consumers over the age of 60 residing in facilities licensed |
or regulated under the Nursing Home Care Act, Skilled Nursing |
and Intermediate Care Facilities Code, Sheltered Care |
Facilities Code, and the Illinois Veterans' Homes Code receive |
high quality long-term care through an effective Illinois |
Long-Term Care Council. |
(b) Maintenance and operation of the Illinois Long-Term |
Care Council. |
(1) The Department shall develop a fair and impartial |
process for recruiting and receiving nominations for |
members for the Illinois Long-Term Care Council from the |
State Long-Term Care Ombudsman, the area agencies on |
aging, regional ombudsman programs, provider agencies, and |
other public agencies, using a nomination form provided by |
the Department. |
(2) The Department shall appoint members to the |
Illinois Long-Term Care Council in a timely manner. |
(3) The Department shall consider and act in good |
|
faith regarding the Illinois Long-Term Care Council's |
annual report and its recommendations. |
(4) The Director shall appoint to the Illinois |
Long-Term Care Council at least 18 but not more than 25 |
members. |
(c) Responsibilities of the State Long-Term Care |
Ombudsman, area agencies on aging, regional long-term care |
ombudsman programs, and provider agencies. The State Long-Term |
Care Ombudsman and each area agency on aging, regional |
long-term care ombudsman program, and provider agency shall |
solicit names and recommend members to the Department for |
appointment to the Illinois Long-Term Care Council. |
(d) Powers and duties. The Illinois Long-Term Care Council |
shall do the following: |
(1) Make recommendations and comment on issues |
pertaining to long-term care and the State Long-Term Care |
Ombudsman Program to the Department. |
(2) Advise the Department on matters pertaining to the |
quality of life and quality of care in the continuum of |
long-term care. |
(3) Evaluate, comment on reports regarding, and make |
recommendations on, the quality of life and quality of |
care in long-term care facilities and on the duties and |
responsibilities of the State Long-Term Care Ombudsman |
Program. |
(4) Prepare and circulate an annual report to the |
|
Governor, the General Assembly, and other interested |
parties concerning the duties and accomplishments of the |
Illinois Long-Term Care Council and all other related |
matters pertaining to long-term care and the protection of |
residents' rights. |
(5) Provide an opportunity for public input at each |
scheduled meeting. |
(6) Make recommendations to the Director, upon his or |
her request, as to individuals who are capable of serving |
as the State Long-Term Care Ombudsman and who should make |
appropriate application for that position should it become |
vacant. |
(e) Composition and operation. The Illinois Long-Term Care |
Council shall be composed of at least 18 but not more than 25 |
members concerned about the quality of life in long-term care |
facilities and protecting the rights of residents, including |
members from long-term care facilities. The State Long-Term |
Care Ombudsman shall be a permanent member of the Long-Term |
Care Council. Members shall be appointed for a 4-year term |
with initial appointments staggered with 2-year, 3-year, and |
4-year terms. A lottery will determine the terms of office for |
the members of the first term. Members may be reappointed to a |
term but no member may be reappointed to more than 2 |
consecutive terms. The Illinois Long-Term Care Council shall |
meet a minimum of 3 times per calendar year. |
(f) Member requirements. All members shall be individuals |
|
who have demonstrated concern about the quality of life in |
long-term care facilities. A minimum of 3 members must be |
current or former residents of long-term care facilities or |
the family member of a current or former resident of a |
long-term care facility. A minimum of 2 members shall |
represent current or former long-term care facility resident |
councils or family councils. A minimum of 4 members shall be |
selected from recommendations by organizations whose members |
consist of long-term care facilities. A representative of |
long-term care facility employees must also be included as a |
member. A minimum of 2 members shall be selected from |
recommendations of membership-based senior advocacy groups or |
consumer organizations that engage solely in legal |
representation on behalf of residents and immediate families. |
There shall be non-voting State agency members on the |
Long-Term Care Council from the following agencies: (i) the |
Department of Veterans Veterans' Affairs; (ii) the Department |
of Human Services; (iii) the Department of Public Health; (iv) |
the Department on Aging; (v) the Department of Healthcare and |
Family Services; (vi) the Office of the Attorney General |
Medicaid Fraud Control Unit; and (vii) others as appropriate. |
(Source: P.A. 103-145, eff. 10-1-23.) |
(20 ILCS 105/8.10) |
(Section scheduled to be repealed on May 16, 2026) |
Sec. 8.10. The Illinois Commission on LGBTQ Aging. |
|
(a) Commission purpose. The Commission is created to |
investigate, analyze, and study the health, housing, |
financial, psychosocial, home-and-community-based services, |
assisted living, and long-term care needs of LGBTQ older |
adults and their caregivers. The Commission shall make |
recommendations to improve access to benefits, services, and |
supports for LGBTQ older adults and their caregivers. The |
Commission, in formulating its recommendations, shall take |
into account the best policies and practices in other states |
and jurisdictions. Specifically, the Commission shall: |
(1) Examine the impact of State and local laws, |
policies, and regulations on LGBTQ older adults and make |
recommendations to ensure equitable access, treatment, |
care and benefits, and overall quality of life. |
(2) Examine best practices for increasing access, |
reducing isolation, preventing abuse and exploitation, |
promoting independence and self-determination, |
strengthening caregiving, eliminating disparities, and |
improving overall quality of life for LGBTQ older adults. |
(3) Examine the impact of race, ethnicity, sex |
assigned at birth, socioeconomic status, disability, |
sexual orientation, gender identity, and other |
characteristics on access to services for LGBTQ older |
adults and make recommendations to ensure equitable |
access, treatment, care, and benefits and overall quality |
of life. |
|
(4) Examine the experiences and needs of LGBTQ older |
adults living with HIV/AIDS and make recommendations to |
ensure equitable access, treatment, care, benefits, and |
overall quality of life. |
(5) Examine strategies to increase provider awareness |
of the needs of LGBTQ older adults and their caregivers |
and to improve the competence of and access to treatment, |
services, and ongoing care, including preventive care. |
(6) Examine the feasibility of developing statewide |
training curricula to improve provider competency in the |
delivery of culturally responsive health, housing, and |
long-term support services to LGBTQ older adults and their |
caregivers. |
(7) Assess the funding and programming needed to |
enhance services to the growing population of LGBTQ older |
adults. |
(8) Examine whether certain policies and practices, or |
the absence thereof, promote the premature admission of |
LGBTQ older adults to institutional care, and examine |
whether potential cost-savings exist for LGBTQ older |
adults as a result of providing lower cost and culturally |
responsive home and community-based alternatives to |
institutional care. |
(9) Examine outreach protocols to reduce apprehension |
among LGBTQ older adults and caregivers of utilizing |
mainstream providers. |
|
(10) Evaluate the implementation status of Public Act |
101-325. |
(11) Evaluate the implementation status of Public Act |
102-543, examine statewide strategies for the collection |
of sexual orientation and gender identity data and the |
impact of these strategies on the provision of services to |
LGBTQ older adults, and conduct a statewide survey |
designed to approximate the number of LGBTQ older adults |
in the State and collect demographic information (if |
resources allow for the implementation of a survey |
instrument). |
(b) Commission members. |
(1) The Commission shall include at least all of the |
following persons who must be appointed by the Governor |
within 60 days after the effective date of this amendatory |
Act of the 102nd General Assembly: |
(A) one member from a statewide organization that |
advocates for older adults; |
(B) one member from a national organization that |
advocates for LGBTQ older adults; |
(C) one member from a community-based, multi-site |
healthcare organization founded to serve LGBTQ people; |
(D) the director of senior services from a |
community center serving LGBTQ people, or the |
director's designee; |
(E) one member from an HIV/AIDS service |
|
organization; |
(F) one member from an organization that is a |
project incubator and think tank that is focused on |
action that leads to improved outcomes and |
opportunities for LGBTQ communities; |
(G) one member from a labor organization that |
provides care and services for older adults in |
long-term care facilities; |
(H) one member from a statewide association |
representing long-term care facilities; |
(I) 5 members from organizations that serve Black, |
Asian-American, Pacific Islander, Indigenous, or |
Latinx LGBTQ people; |
(J) one member from a statewide organization for |
people with disabilities; and |
(K) 10 LGBTQ older adults, including at least: |
(i) 3 members who are transgender or |
gender-expansive individuals; |
(ii) 2 members who are older adults living |
with HIV; |
(iii) one member who is Two-Spirit; |
(iv) one member who is an African-American or |
Black individual; |
(v) one member who is a Latinx individual; |
(vi) one member who is an Asian-American or |
Pacific Islander individual; and |
|
(vii) one member who is an ethnically diverse |
individual. |
(2) The following State agencies shall each designate |
one representative to serve as an ex officio member of the |
Commission: the Department, the Department of Public |
Health, the Department of Human Services, the Department |
of Healthcare and Family Services, and the Department of |
Veterans Veterans' Affairs. |
(3) Appointing authorities shall ensure, to the |
maximum extent practicable, that the Commission is diverse |
with respect to race, ethnicity, age, sexual orientation, |
gender identity, gender expression, and geography. |
(4) Members of the Commission shall serve until this |
Section is repealed. Members shall continue to serve until |
their successors are appointed. Any vacancy shall be |
filled by the appointing authority. Any vacancy occurring |
other than by the dissolution of the Commission shall be |
filled for the balance of the unexpired term. Members of |
the Commission shall serve without compensation but shall |
be reimbursed for expenses necessarily incurred in the |
performance of their duties. |
(c) Commission organization. The Commission shall provide |
for its organization and procedure, including selection of the |
chairperson and vice-chairperson. A majority of the Commission |
shall constitute a quorum for the transaction of business. |
Administrative and other support for the Commission shall be |
|
provided by the Department. Any State agency under the |
jurisdiction of the Governor shall provide testimony and |
information as directed by the Commission. |
(d) Meetings and reports. The Commission shall: |
(1) Hold at least one public meeting per quarter. |
Public meetings may be virtually conducted. |
(2) Prepare and submit an annual report to the |
Governor, the Illinois General Assembly, the Director, and |
the Illinois Council on Aging that details the progress |
made toward achieving the Commission's stated objectives |
and that contains findings and recommendations, including |
any recommended legislation. The annual report shall be |
made available to the public on the Department's publicly |
accessible website. |
(3) Submit, by no later than March 30, 2026, a final |
report in the same manner as an annual report, detailing |
the work the Commission has done since its inception and |
providing the findings and recommendations, including any |
recommended legislation. The final report shall be made |
available to the public on the Department's publicly |
accessible website. |
The Department and Commission may collaborate with an |
institution of higher education in Illinois to compile the |
reports required under this Section. |
(e) This Section is repealed May 16, 2026. |
(Source: P.A. 102-885, eff. 5-16-22; 103-1059, eff. 12-20-24.) |
|
Section 65. The Department of Natural Resources |
(Conservation) Law of the Civil Administrative Code of |
Illinois is amended by changing Section 805-305 as follows: |
(20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
Sec. 805-305. Campsites and housing facilities. |
(a) The Department has the power to provide facilities for |
overnight tent and trailer campsites and to provide suitable |
housing facilities for student and juvenile overnight camping |
groups. The Department of Natural Resources may regulate, by |
administrative order, the fees to be charged for tent and |
trailer camping units at individual park areas based upon the |
facilities available. |
(b) However, for campsites with access to showers or |
electricity, any Illinois resident who is age 62 or older or |
has a Class 2 disability as defined in Section 4A of the |
Illinois Identification Card Act shall be charged only |
one-half of the camping fee charged to the general public |
during the period Monday through Thursday of any week and |
shall be charged the same camping fee as the general public on |
all other days. For campsites without access to showers or |
electricity, no camping fee authorized by this Section shall |
be charged to any resident of Illinois who has a Class 2 |
disability as defined in Section 4A of the Illinois |
Identification Card Act. For campsites without access to |
|
showers or electricity, no camping fee authorized by this |
Section shall be charged to any resident of Illinois who is age |
62 or older for the use of a campsite unit during the period |
Monday through Thursday of any week. No camping fee authorized |
by this Section shall be charged to any resident of Illinois |
who is a veteran with a disability or a former prisoner of war, |
as defined in Section 5 of the Department of Veterans |
Veterans' Affairs Act. No camping fee authorized by this |
Section shall be charged to any resident of Illinois after |
returning from service abroad or mobilization by the President |
of the United States as an active duty member of the United |
States Armed Forces, the Illinois National Guard, or the |
Reserves of the United States Armed Forces for the amount of |
time that the active duty member spent in service abroad or |
mobilized if the person applies for a pass with the Department |
within 2 years after returning and provides acceptable |
verification of service or mobilization to the Department. Any |
portion of a year that the active duty member spent in service |
abroad or mobilized shall count as a full year. The procedure |
by which a person may provide to the Department verification |
of service abroad or mobilization by the President of the |
United States shall be set by administrative rule. |
Nonresidents shall be charged the same fees as are authorized |
for the general public regardless of age. The Department shall |
provide by regulation for suitable proof of age, or either a |
valid driver's license or a "Golden Age Passport" issued by |
|
the federal government shall be acceptable as proof of age. |
The Department shall further provide by regulation that notice |
of these reduced admission fees be posted in a conspicuous |
place and manner. |
Reduced fees authorized in this Section shall not apply to |
any charge for utility service. |
For the purposes of this Section, "acceptable verification |
of service or mobilization" means official documentation from |
the Department of Defense or the appropriate Major Command |
showing mobilization dates or service abroad dates, including: |
(i) a DD-214, (ii) a letter from the Illinois Department of |
Military Affairs for members of the Illinois National Guard, |
(iii) a letter from the Regional Reserve Command for members |
of the Armed Forces Reserve, (iv) a letter from the Major |
Command covering Illinois for active duty members, (v) |
personnel records for mobilized State employees, and (vi) any |
other documentation that the Department, by administrative |
rule, deems acceptable to establish dates of mobilization or |
service abroad. |
For the purposes of this Section, the term "service |
abroad" means active duty service outside of the 50 United |
States and the District of Columbia, and includes all active |
duty service in territories and possessions of the United |
States. |
(c) To promote State campground use and Illinois State |
Fair attendance, the Department shall waive the camping fees |
|
for up to 2 nights of camping at Jim Edgar Panther Creek State |
Fish and Wildlife Area, Sangchris Lake State Park, or |
Lincoln's New Salem State Historic Site during the period from |
August 11, 2024 to August 15, 2024 for a camper who: |
(1) is 18 years of age or older; |
(2) provides proof of having purchased, between June |
26, 2024 and July 3, 2024, a season admission ticket |
booklet from the Department of Agriculture for entry into |
the 2024 Illinois State Fair in Springfield; and |
(3) requests the camping fee waiver in person at the |
time of permit issuance at the State campground. |
The waivers under this subsection (c) shall be granted on |
a first-come, first-served basis for a maximum of 40 sites at |
each of the 3 identified State campgrounds. Fees for utility |
service are not subject to waiver. Waivers under this |
subsection (c) are limited to one per camper. |
(Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.) |
Section 70. The Department of Human Services Act is |
amended by changing Section 1-80 as follows: |
(20 ILCS 1305/1-80) |
Sec. 1-80. Homeless services and supportive housing; |
veterans data. The Department's Bureau of Homeless Services |
and Supportive Housing within the Office of Family Support |
Services shall annually review and collect data on the number |
|
of military veterans receiving services or benefits under the |
Emergency and Transitional Housing Program, the Emergency Food |
Program, the Homeless Prevention Program, the Supporting |
Housing Program, and the Prince Home at Manteno administered |
by the Department of Veterans Veterans' Affairs. The Bureau |
may request and receive the cooperation of the Department of |
Veterans Veterans' Affairs and any other State agency that is |
relevant to the collection of the data required under this |
Section. The Bureau shall annually submit to the General |
Assembly a written report that details the number of military |
veterans served under each program no later than December 31, |
2023 and every December 31 thereafter. |
(Source: P.A. 102-961, eff. 1-1-23; 103-154, eff. 6-30-23.) |
Section 75. The Illinois Lottery Law is amended by |
changing Section 21.6 as follows: |
(20 ILCS 1605/21.6) |
Sec. 21.6. Scratch-off for Illinois veterans. |
(a) The Department shall offer a special instant |
scratch-off game for the benefit of Illinois veterans. The |
game shall commence on January 1, 2006 or as soon thereafter, |
at the discretion of the Director, as is reasonably practical. |
The operation of the game shall be governed by this Act and any |
rules adopted by the Department. |
(b) The Illinois Veterans Assistance Fund is created as a |
|
special fund in the State treasury. The net revenue from the |
Illinois veterans scratch-off game shall be deposited into the |
Fund for appropriation by the General Assembly solely to the |
Department of Veterans Veterans' Affairs for making grants, |
funding additional services, or conducting additional research |
projects relating to each of the following: |
(i) veterans' behavioral health services; |
(ii) veterans' homelessness; |
(iii) the health insurance costs of veterans; |
(iv) veterans' disability benefits, including but not |
limited to, disability benefits provided by veterans |
service organizations and veterans assistance commissions |
or centers; |
(v) the long-term care of veterans; provided that, |
beginning with moneys appropriated for fiscal year 2008, |
no more than 20% of such moneys shall be used for health |
insurance costs; |
(vi) veteran employment and employment training; and |
(vii) veterans' emergency financial assistance, |
including, but not limited to, past due utilities, |
housing, and transportation costs. |
In order to expend moneys from this special fund, |
beginning with moneys appropriated for fiscal year 2008, the |
Director of Veterans Veterans' Affairs shall appoint a |
3-member funding authorization committee. The Director shall |
designate one of the members as chairperson. The committee |
|
shall meet on a quarterly basis, at a minimum, and shall |
authorize expenditure of moneys from the special fund by a |
two-thirds vote. Decisions of the committee shall not take |
effect unless and until approved by the Director of Veterans |
Veterans' Affairs. Each member of the committee shall serve |
until a replacement is named by the Director of Veterans |
Veterans' Affairs. One member of the committee shall be a |
member of the Veterans' Advisory Council. |
Moneys collected from the special instant scratch-off game |
shall be used only as a supplemental financial resource and |
shall not supplant existing moneys that the Department of |
Veterans Veterans' Affairs may currently expend for the |
purposes set forth in items (i) through (v). |
Moneys received for the purposes of this Section, |
including, without limitation, net revenue from the special |
instant scratch-off game and from gifts, grants, and awards |
from any public or private entity, must be deposited into the |
Fund. Any interest earned on moneys in the Fund must be |
deposited into the Fund. |
As used in this subsection, "net revenue" means the total |
amount for which tickets have been sold less the sum of the |
amount paid out in the prizes and to retailers, and direct and |
estimated administrative expenses of the Department solely |
related to the scratch-off game under this Section. |
(c) During the time that tickets are sold for the Illinois |
veterans scratch-off game, the Department shall not |
|
unreasonably diminish the efforts devoted to marketing any |
other instant scratch-off lottery game. |
(d) The Department may adopt any rules necessary to |
implement and administer the provisions of this Section. |
(Source: P.A. 102-948, eff. 1-1-23; 103-381, eff. 7-28-23.) |
Section 80. The Department of Public Health Powers and |
Duties Law of the Civil Administrative Code of Illinois is |
amended by changing Section 2310-376 as follows: |
(20 ILCS 2310/2310-376) |
Sec. 2310-376. Hepatitis education and outreach. |
(a) The Illinois General Assembly finds and declares the |
following: |
(1) The World Health Organization characterizes |
hepatitis as a disease of primary concern to humanity. |
(2) Hepatitis is considered a silent killer; no |
recognizable signs or symptoms occur until severe liver |
damage has occurred. |
(3) Studies indicate that nearly 4 million Americans |
(1.8 percent of the population) carry the virus HCV that |
causes the disease. |
(4) 30,000 acute new infections occur each year in the |
United States, and only 25 to 30 percent are diagnosed. |
(5) 8,000 to 10,000 Americans die from the disease |
each year. |
|
(6) 200,000 Illinois residents may be carriers and |
could develop the debilitating and potentially deadly |
liver disease. |
(7) Inmates of correctional facilities have a higher |
incidence of hepatitis and, upon their release, present a |
significant health risk to the general population. |
(8) Illinois members of the armed services are subject |
to an increased risk of contracting hepatitis due to their |
possible receipt of contaminated blood during a |
transfusion occurring for the treatment of wounds and due |
to their service in areas of the World where the disease is |
more prevalent and healthcare is less capable of detecting |
and treating the disease. Many of these service members |
are unaware of the danger of hepatitis and their increased |
risk of contracting the disease. |
(b) Subject to appropriation, the Department shall conduct |
an education and outreach campaign, in addition to its overall |
effort to prevent infectious disease in Illinois, in order to |
raise awareness about and promote prevention of hepatitis. |
(c) Subject to appropriation, in addition to the education |
and outreach campaign provided in subsection (b), the |
Department shall develop and make available to physicians, |
other health care providers, members of the armed services, |
and other persons subject to an increased risk of contracting |
hepatitis, educational materials, in written and electronic |
forms, on the diagnosis, treatment, and prevention of the |
|
disease. These materials shall include the recommendations of |
the federal Centers for Disease Control and Prevention and any |
other persons or entities determined by the Department to have |
particular expertise on hepatitis, including the American |
Liver Foundation. These materials shall be written in terms |
that are understandable by members of the general public. |
(d) The Department shall establish an Advisory Council on |
Hepatitis to develop a hepatitis prevention plan. The |
Department shall specify the membership, members' terms, |
provisions for removal of members, chairmen, and purpose of |
the Advisory Council. The Advisory Council shall consist of |
one representative from each of the following State agencies |
or offices, appointed by the head of each agency or office: |
(1) The Department of Public Health. |
(2) The Department of Public Aid. |
(3) The Department of Corrections. |
(4) The Department of Veterans Veterans' Affairs. |
(5) The Department on Aging. |
(6) The Department of Human Services. |
(7) The Illinois State Police. |
(8) The office of the State Fire Marshal. |
The Director shall appoint representatives of |
organizations and advocates in the State of Illinois, |
including, but not limited to, the American Liver Foundation. |
The Director shall also appoint interested members of the |
public, including consumers and providers of health services |
|
and representatives of local public health agencies, to |
provide recommendations and information to the members of the |
Advisory Council. Members of the Advisory Council shall serve |
on a voluntary, unpaid basis and are not entitled to |
reimbursement for mileage or other costs they incur in |
connection with performing their duties. |
(Source: P.A. 102-538, eff. 8-20-21.) |
Section 85. The Department of Veterans' Affairs Act is |
amended by changing the title of the Act and Sections 0.01, 1, |
1.5, 2.01c, 2.04, 2.10, 5, 15, 37, and 39 as follows: |
(20 ILCS 2805/Act title) |
An Act creating the Illinois Department of Veterans |
Affairs (formerly the Illinois Department of Veterans' |
Affairs). |
(20 ILCS 2805/0.01) (from Ch. 126 1/2, par. 65.9) |
Sec. 0.01. Short title. This Act may be cited as the |
Department of Veterans Affairs Act (formerly the Department of |
Veterans' Affairs Act). |
(Source: P.A. 100-143, eff. 1-1-18.) |
(20 ILCS 2805/1) (from Ch. 126 1/2, par. 66) |
Sec. 1. There is created the Illinois Department of |
Veterans Affairs (formerly the Illinois Department of |
|
Veterans' Affairs). The Department is the successor agency to |
the Illinois Veterans' Commission. |
(Source: P.A. 89-324, eff. 8-13-95.) |
(20 ILCS 2805/1.5) |
Sec. 1.5. Definitions. In this Act: |
"Department" means the Illinois Department of Veterans |
Veterans' Affairs. |
"Veterans Home", unless the context indicates otherwise, |
means any or all of the Illinois Veterans Homes operated and |
maintained by the Department. "Veterans Home" includes a |
facility operated and maintained by the Department in the City |
of Quincy that provides housing to residents of the Veterans |
Home at Quincy. |
(Source: P.A. 100-608, eff. 1-1-19.) |
(20 ILCS 2805/2.01c) |
Sec. 2.01c. Veterans Home; notice of infectious disease. |
(a) As used in this Section, "infectious disease" means |
any disease caused by a living organism or other pathogen, |
including a fungus, bacteria, parasite, protozoan, prion, or |
virus, that has a history of or potential for a significant |
mortality rate among elderly or vulnerable populations, |
including, but not limited to, strains of influenza, |
Legionnaires' disease, and pneumonia. |
(b) If a Veterans Home administrator or a member of the |
|
administrative staff is notified that, within one month or |
less, 2 or more persons residing within the Veterans Home are |
diagnosed with an infectious disease by a physician licensed |
to practice medicine in all its branches; a hospital licensed |
under the Hospital Licensing Act or organized under the |
University of Illinois Hospital Act; a long-term care facility |
licensed under the Nursing Home Care Act; a freestanding |
emergency center licensed under the Emergency Medical Services |
(EMS) Systems Act; a local health department; or any other |
State agency or government entity, then, within 24 hours after |
the facility is notified of the second diagnosis, the Veterans |
Home must: |
(1) provide a written notification of the incidence of |
the infectious disease to each resident of the facility |
and the resident's emergency contact or next of kin; |
(2) post a notification of the incidence of the |
infectious disease in a conspicuous place near the main |
entrance to the Veterans Home; and |
(3) provide a written notification to the Department |
of Veterans Veterans' Affairs and the Department of Public |
Health of the incidence of the infectious disease and of |
compliance with the written notification requirements of |
paragraph (1). |
In addition to the initial written notifications, the Veterans |
Home must provide written notifications of any updates on the |
incidence of the infectious disease and any options that are |
|
available to the residents. |
The Department of Veterans Veterans' Affairs and the |
Department of Public Health must post the notification of the |
incidence of the infectious disease, any updates, and any |
options that are available to the residents on their websites |
as soon as practicable after receiving the notification, but |
in no event shall the notice be posted later than the end of |
the next business day. |
(Source: P.A. 100-632, eff. 7-27-18.) |
(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) |
Sec. 2.04. There shall be established in the State |
Treasury special funds known as (i) the LaSalle Veterans Home |
Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno |
Veterans Home Fund, and (iv) the Quincy Veterans Home Fund. |
All moneys received by an Illinois Veterans Home from Medicare |
and from maintenance charges to veterans, spouses, and |
surviving spouses residing at that Home shall be paid into |
that Home's Fund. All moneys received from the U.S. Department |
of Veterans Affairs for patient care shall be transmitted to |
the Treasurer of the State for deposit in the Veterans Home |
Fund for the Home in which the veteran resides. Appropriations |
shall be made from a Fund only for the needs of the Home, |
including capital improvements, building rehabilitation, and |
repairs. The Illinois Veterans' Homes Fund shall be the |
Veterans Home Fund for the Illinois Veterans Home at Chicago. |
|
The administrator of each Veterans Home shall establish a |
locally held member's benefits fund. The Director may |
authorize the Veterans Home to conduct limited fundraising in |
accordance with applicable laws and regulations for which the |
sole purpose is to benefit the Veterans Home's member's |
benefits fund. Revenues accruing to an Illinois Veterans Home, |
including any donations, grants for the operation of the Home, |
profits from commissary stores, and funds received from any |
individual or other source, including limited fundraising, |
shall be deposited into that Home's benefits fund. |
Expenditures from the benefits funds shall be solely for the |
special comfort, pleasure, and amusement of residents. |
Contributors of unsolicited private donations may specify the |
purpose for which the private donations are to be used. |
Upon request of the Department, the State's Attorney of |
the county in which a resident or living former resident of an |
Illinois Veterans Home who is liable under this Act for |
payment of sums representing maintenance charges resides shall |
file an action in a court of competent jurisdiction against |
any such person who fails or refuses to pay such sums. The |
court may order the payment of sums due to maintenance charges |
for such period or periods of time as the circumstances |
require. |
Upon the death of a person who is or has been a resident of |
an Illinois Veterans Home who is liable for maintenance |
charges and who is possessed of property, the Department may |
|
present a claim for such sum or for the balance due in case |
less than the rate prescribed under this Act has been paid. The |
claim shall be allowed and paid as other lawful claims against |
the estate. |
The administrator of each Veterans Home shall establish a |
locally held trust fund to maintain moneys held for residents. |
Whenever the Department finds it necessary to preserve order, |
preserve health, or enforce discipline, the resident shall |
deposit in a trust account at the Home such monies from any |
source of income as may be determined necessary, and |
disbursement of these funds to the resident shall be made only |
by direction of the administrator. |
If a resident of an Illinois Veterans Home has a dependent |
child, spouse, or parent the administrator may require that |
all monies received be deposited in a trust account with |
dependency contributions being made at the direction of the |
administrator. The balance retained in the trust account shall |
be disbursed to the resident at the time of discharge from the |
Home or to his or her heirs or legal representative at the time |
of the resident's death, subject to Department regulations or |
order of the court. |
The Director of Central Management Services, with the |
consent of the Director of Veterans Veterans' Affairs, is |
authorized and empowered to lease or let any real property |
held by the Department of Veterans Veterans' Affairs for an |
Illinois Veterans Home to entities or persons upon terms and |
|
conditions which are considered to be in the best interest of |
that Home. The real property must not be needed for any direct |
or immediate purpose of the Home. In any leasing or letting, |
primary consideration shall be given to the use of real |
property for agricultural purposes, and all moneys received |
shall be transmitted to the Treasurer of the State for deposit |
in the appropriate Veterans Home Fund. |
Each administrator of an Illinois Veterans Home who has an |
established locally held member's benefits fund shall prepare |
and submit to the Department a monthly report of all donations |
received, including donations of a nonmonetary nature. The |
report shall include the end of month balance of the locally |
held member's benefits fund. |
(Source: P.A. 102-549, eff. 1-1-22; 102-813, eff. 5-13-22.) |
(20 ILCS 2805/2.10) |
Sec. 2.10. Conflicts with the Nursing Home Care Act. If |
there is a conflict between the provisions of this Act and the |
provisions of the Nursing Home Care Act concerning an Illinois |
Veterans Home not operated by the Department of Veterans |
Veterans' Affairs, then the provisions of the Nursing Home |
Care Act shall apply. If there is a conflict between the |
provisions of this Act and the provisions of the Nursing Home |
Care Act concerning an Illinois Veterans Home operated by the |
Illinois Department of Veterans Veterans' Affairs, then the |
provisions of this Act shall apply. |
|
(Source: P.A. 96-703, eff. 8-25-09.) |
(20 ILCS 2805/5) (from Ch. 126 1/2, par. 70) |
Sec. 5. (a) Every veteran with a disability who is a |
resident of Illinois shall be exempt from all camping and |
admission fees in parks under the control of the Department of |
Natural Resources. For the purpose of this subsection (a), a |
resident veteran with a disability is one who has a permanent |
disability from service connected causes with 100% disability |
or one who has permanently lost the use of a leg or both legs |
or an arm or both arms or any combination thereof or any person |
who has a disability so severe as to be unable to move without |
the aid of crutches or a wheelchair. The Department shall |
issue free use permits to those eligible veterans. To |
establish eligibility, the veteran shall present an award |
letter or some other identifying disability document, together |
with proper identification, to any office of the Department. |
Subject to the approval of the Department of Natural |
Resources, the Department of Veterans Veterans' Affairs shall |
establish the form or permit identifier to be issued. |
(b) Every veteran who is a resident of Illinois and a |
former prisoner of war shall be exempt from all camping and |
admission fees in parks under the control of the Department of |
Natural Resources. For the purposes of this subsection (b), a |
former prisoner of war is a veteran who was taken and held |
prisoner by a hostile foreign force while participating in an |
|
armed conflict as a member of the United States armed forces. |
Any identification card or other form of identification issued |
by the Veterans' Administration or other governmental agency |
which indicates the card-holder's former prisoner of war |
status shall be sufficient to accord such card-holder the |
fee-exempt admission or camping privileges under this |
subsection. |
(Source: P.A. 99-143, eff. 7-27-15.) |
(20 ILCS 2805/15) |
Sec. 15. Veterans advisory council. |
(a) A veterans advisory council shall be established in |
the State of Illinois. The council shall consist of at least 21 |
members as follows: |
(1) Four members of the General Assembly, appointed |
one each by the President of the Senate, the Minority |
Leader of the Senate, the Speaker of the House of |
Representatives, and the Minority Leader of the House of |
Representatives, preferably from a legislative or |
representative district in which a State-operated veterans |
home is located. |
(2) Six veterans appointed by the Director of Veterans |
Veterans' Affairs. |
(3) One veteran appointed by the commander or |
president of each veterans service organization that is |
chartered by the federal government and by the State of |
|
Illinois and elects to appoint a member. |
(4) One person appointed by the Adjutant General of |
the Illinois National Guard. |
(5) One person appointed by the Illinois Attorney |
General. |
(6) One person appointed by the Illinois Secretary of |
State. |
(7) One person appointed by the Director of the |
Illinois Department of Employment Security. |
(8) One person appointed by each military family |
organization that is chartered by the federal government. |
No member of the council shall be an employee or |
representative of the Department of Veterans Veterans' |
Affairs. |
Members of the council shall serve without compensation or |
reimbursement. |
(b) At the initial meeting of the council, the members |
shall elect from among themselves a chairman. The members |
shall draw lots to determine the length of their terms so that |
9 members have terms that expire on July 1, 2005 and the |
remaining members have terms that expire on July 1, 2006. |
Thereafter, all members of the council shall be appointed for |
terms of 2 years. |
The appointing authority may at any time make an |
appointment to fill a vacancy for the unexpired term of a |
member. |
|
(c) The council shall meet quarterly or at the call of the |
chairman or at the call of the Director of Veterans Veterans' |
Affairs or the Governor. The Department shall provide meeting |
space and clerical and administrative support services for the |
council. |
(c-5) The council shall investigate the re-entry process |
for service members who return to civilian life after being |
engaged in an active theater. The investigation shall include |
the effects of post-traumatic stress disorder, homelessness, |
disabilities, and other issues the council finds relevant to |
the re-entry process. By July 1, 2018 and by July 1 of each |
year thereafter, the council shall present an annual report of |
its findings to the Governor, the Attorney General, the |
Director of Veterans Veterans' Affairs, the Lieutenant |
Governor, and the Secretary of the United States Department of |
Veterans Affairs. The council's investigation and annual |
report responsibilities of this subsection shall be a |
continuation of the investigation and annual report |
responsibilities of the Illinois Discharged Servicemembers |
Task Force created under Section 20 of this Act. |
(d) The council has the power to do the following: |
(1) Advise the Department of Veterans Veterans' |
Affairs with respect to the fulfillment of its statutory |
duties. |
(2) Review and study the issues and concerns that are |
most significant to Illinois veterans and advise the |
|
Department on those issues and concerns. |
(3) Receive a report from the Director of Veterans |
Veterans' Affairs or the Director's designee at each |
meeting with respect to the general activities of the |
Department. |
(4) Report to the Governor and the General Assembly |
annually describing the issues addressed and the actions |
taken by the council during the year as well as any |
recommendations for future action. |
(e) The council established under this Section replaces |
any Illinois Veterans Advisory Council established under |
Executive Order No. 3 (1982). |
(Source: P.A. 100-10, eff. 6-30-17.) |
(20 ILCS 2805/37) |
Sec. 37. Illinois Joining Forces Foundation. |
(a) The General Assembly finds that navigating the "sea of |
goodwill" for those who serve in uniform is one of the greatest |
challenges that transitioning veterans face; as a result, they |
risk being unable to access many of the federal, State, and |
non-profit resources available to them. Recognizing this |
problem, the Department of Veterans' Affairs (now the |
Department of Veterans Affairs) and the Department of Military |
Affairs acted to establish the Illinois Joining Forces |
initiative, a public-private network of military and |
veteran-serving organizations that are working together, in |
|
person and online, to create a system of support for the |
State's military and veteran communities. Illinois Joining |
Forces is a nation-leading model, awarded by the U.S. |
Department of Veterans Affairs and the National Association of |
State Directors of Veterans Affairs for its groundbreaking |
work in creating smarter, collaborative community support for |
those in uniform, past and present. The foundation created by |
this amendatory Act of the 98th General Assembly will serve to |
ensure the long-term sustainability of Illinois Joining |
Forces, which is critically important for the support of the |
State's military and veteran communities. |
(b) The Illinois Joining Forces Foundation shall benefit |
service members, veterans, and their families by: |
(1) convening military and veteran support |
organizations to build cross-sector relationships and |
mutual awareness; |
(2) providing policy recommendations; |
(3) educating community providers regarding military |
and veteran culture and needs, thus improving the |
collective capacity of the support system; and |
(4) outreaching directly to service members, veterans, |
and their families regarding the system of support that |
Illinois Joining Forces provides to them. |
(c) For the purpose of this Section, "veterans service |
organization" means an organization that meets all of the |
following criteria: |
|
(1) The organization is formed by and for United |
States military veterans. |
(2) The organization is chartered by the United States |
Congress and incorporated in the State of Illinois. |
(3) The organization has maintained a State |
headquarters office in Illinois for the 10-year period |
immediately preceding the effective date of this |
amendatory Act of the 98th General Assembly. |
(4) The organization maintains at least one office in |
this State, staffed by a veterans service officer. |
(5) The organization is capable of preparing a power |
of attorney for a veteran and processing claims for |
veterans services. |
(d) The General Assembly authorizes the Department of |
Veterans' Affairs (now the Department of Veterans Affairs), in |
accordance with Section 10 of the State Agency Entity Creation |
Act, to create the Illinois Joining Forces Foundation as a |
not-for-profit foundation. The Department shall file articles |
of incorporation as required under the General Not For Profit |
Corporation Act of 1986 to create the Foundation. |
The Foundation's Board of Directors shall be appointed as |
follows: one member appointed by the Governor; one member |
appointed by the President of the Senate; one member appointed |
by the Minority Leader of the Senate; one member appointed by |
the Speaker of the House of Representatives; and one member |
appointed by the Minority Leader of the House of |
|
Representatives. |
The Foundation may also include up to 18 additional voting |
members of the Board of Directors: up to 9 members to be |
nominated and approved by the Board of Directors according to |
the Foundation's bylaws, and up to 9 members to be appointed by |
the Director of Veterans' Affairs (now the Director of |
Veterans Affairs) or the Director of Military Affairs. The |
Board shall have an equal number of board or department |
appointed members. To ensure parity, no additional nominee may |
be considered by the Board of Directors unless a like |
appointment is made by the Department of Veterans' Affairs |
(now the Department of Veterans Affairs) or the Department of |
Military Affairs, and vice versa. |
In addition to any veterans service organization |
otherwise represented on the Board of Directors, a veterans |
service organization may designate in writing an ex officio, |
non-voting participant to the Board of Directors. Any veterans |
service organization appointee under this provision does not |
count towards a quorum. |
The Director of Veterans' Affairs (now the Director of |
Veterans Affairs), or the Director's designee, and a designee |
chosen by the Director of Military Affairs who is a senior |
management official of the Department of Military Affairs with |
the authority to make decisions on behalf of the agency shall |
serve as members of the Foundation's Board of Directors. Board |
of Director appointments shall be for 2-year terms. Vacancies |
|
shall be filled by the official who made the statutory |
appointment. No member of the Board of Directors may receive |
compensation for his or her services to the Foundation. Upon |
appointment, the Board of Directors, as members of a public |
entity, shall be represented and indemnified pursuant to the |
requirements of the State Employee Indemnification Act. |
(e) The purposes of the Foundation are to: promote, |
support, assist, and sustain Illinois Joining Forces |
operations; solicit and accept grants and private donations |
and disburse them for the stated intent of the Foundation or |
the private donor; solicit and generate public and private |
funding and donations that assist in enhancing the Illinois |
Joining Forces mission, services, programs, and operations; |
and engage generally in other lawful endeavors consistent with |
the foregoing purposes. The foundation shall operate within |
the provisions of the General Not For Profit Corporation Act |
of 1986. |
(f) The Board of Directors shall meet, organize, and |
designate, by majority vote, a chairperson, a treasurer, a |
secretary, and any additional officers that may be needed to |
carry out the activities of the Foundation and shall adopt |
bylaws of the Foundation. In consultation with the |
Foundation's Board of Directors, the Department of Veterans' |
Affairs (now the Department of Veterans Affairs) or the |
Department of Military Affairs may provide assistance in |
adopting other rules deemed necessary to govern Foundation |
|
procedures. |
(g) The Foundation may request and accept gifts, grants, |
donations, or bequests from the federal government or its |
agencies or officers or from any person, firm, or corporation, |
and may expend receipts on activities that it considers |
suitable to the performance of its duties under this Section |
and consistent with any requirement of the grant, gift, |
donation, or bequest. Funds collected by the Foundation shall |
be considered private funds and shall be held in an |
appropriate account outside of the State treasury. Private |
funds collected by the Foundation are not subject to the |
Public Funds Investment Act. The treasurer of the Foundation |
shall be the custodian of all Foundation funds. The treasurer |
shall be required to obtain a fidelity or surety bond on |
satisfactory terms and in sufficient amounts to protect the |
interests of the Foundation, the cost of which shall be |
reimbursed by the Foundation. The Foundation and its officers |
shall be responsible for the approval of the recording of |
receipts, approval of payments, and the proper filing of |
required reports. The Foundation may be assisted in carrying |
out its functions by Department of Military Affairs and |
Department of Veterans' Affairs (now the Department of |
Veterans Affairs) personnel as determined by the respective |
Directors. The Department of Military Affairs and the |
Department of Veterans' Affairs (now the Department of |
Veterans Affairs) may provide reasonable assistance to the |
|
Foundation to achieve the purposes of the Foundation as |
determined by the respective Directors. The Foundation shall |
cooperate fully with the boards, commissions, agencies, |
departments, and institutions of the State. The funds held and |
made available by the Illinois Joining Forces Foundation shall |
be subject to financial and compliance audits in accordance |
with the Illinois State Auditing Act. The Foundation shall not |
have any power of eminent domain. The Foundation shall not |
construct or make any permanent improvements to any real |
property. |
(h) The Foundation must provide a written notice to any |
entity providing a gift, grant, donation, or bequest to the |
Foundation that the Foundation is not subject to the |
provisions of the Public Funds Investment Act, which Act |
places limitations on the types of securities in which a |
public agency may invest public funds. |
(i) Notwithstanding any law to the contrary, the |
Foundation is not eligible for any grant administered by the |
Department of Veterans' Affairs (now the Department of |
Veterans Affairs) or the Department of Military Affairs, but |
may receive services, including, but not limited to, |
contractual services, provided by either Department. |
(Source: P.A. 102-1140, eff. 1-1-24.) |
(20 ILCS 2805/39) |
Sec. 39. Veterans' Accountability Unit. |
|
(a) The Department shall create a Veterans' Accountability |
Unit which shall receive complaints and recommendations from: |
(i) veterans and other Illinois residents who seek services |
from the Department; (ii) residents of Veterans' Homes, their |
families, and visitors; (iii) vendors and contractors of the |
Department; and (iv) staff of the Department. |
(b) The Governor shall appoint, and the Senate shall |
confirm, the Director of the Veterans' Accountability Unit. |
The Director shall be appointed for a term of 4 years. |
(c) The Director of the Veterans' Accountability Unit |
shall ensure that the Unit maintains regular office hours and |
establishes both a toll-free helpline and a dedicated |
electronic mail address for the purpose of accepting |
complaints, information, and recommendations. The Director |
shall provide a reasonable means for receiving complaints |
outside of office hours. |
(d) The Veterans' Accountability Unit shall function |
independently of the Department. The salary and benefits of |
the Director of the Veterans' Accountability Unit and any |
other staff of the Unit, as deemed necessary by the Director, |
along with all other expenses of the Unit shall be paid from |
appropriations to the Department. |
(e) The Director and staff of the Veterans' Accountability |
Unit shall have the authority to access the offices or |
facilities of the Department and the Veterans' Homes and shall |
have access to all information, documents, and personnel of |
|
the Department as needed to perform the duties of the |
Veterans' Accountability Unit. It is the duty of every |
employee of the Department to cooperate with the Veterans' |
Accountability Unit. The Department shall provide the staff of |
the Veterans' Accountability Unit with physical space in each |
Department office and in each Veterans' Home to conduct |
confidential business as needed to perform the work of the |
Veterans' Accountability Unit. |
(f) The Veterans' Accountability Unit shall ensure all |
complaints, allegations, or incidents of possible misconduct, |
misfeasance, malfeasance, or violations of rules, procedures, |
or laws by any employee, service provider, or contractor of |
the Department are reported to the Office of Executive |
Inspector General for the Agencies of the Illinois Governor. |
(g) The Office of Executive Inspector General for the |
Agencies of the Illinois Governor shall assess the complaints, |
allegations, and incidents and shall determine whether to (i) |
investigate, (ii) refer to the appropriate agency, (iii) refer |
to any appropriate law enforcement agency, (iv) request a |
response from the Department to the complaint, allegations, or |
incident, or (v) refer to the Veterans' Accountability Unit to |
conduct further inquiry or review if necessary. |
(h) The Director of the Veterans' Accountability Unit may |
recommend changes to the Director of Veterans Veterans' |
Affairs concerning Department policies or practices based upon |
information learned or observations made by the Veterans' |
|
Accountability Unit staff during the course of its duties. The |
Director of the Veterans' Accountability Unit shall meet |
regularly with the Office of Executive Inspector General for |
the Agencies of the Illinois Governor to report this |
information to allow the Office to determine whether further |
investigation is necessary. |
(i) The Veterans' Accountability Unit shall create an |
annual report that includes a summary of the complaints |
received and actions taken in response. This report shall not |
include any referrals to the Office of Executive Inspector |
General for the Agencies of the Illinois Governor that result |
in an investigation. The summaries shall not contain any |
confidential or identifying information concerning the |
subjects or complainants of the reports and investigations. |
(j) Nothing in this Section shall limit investigations by |
the Department of Veterans Veterans' Affairs that may |
otherwise be required by law or that may be necessary in that |
Department's capacity as the central administrative authority |
on matters concerning services to veterans, their survivors, |
and dependents. |
(Source: P.A. 102-695, eff. 6-1-22.) |
Section 90. The Illinois Health Facilities Planning Act is |
amended by changing Section 3.6 as follows: |
(20 ILCS 3960/3.6) |
|
(Section scheduled to be repealed on June 25, 2026) |
Sec. 3.6. Facilities maintained or operated by a State |
agency. |
(a) For the purposes of this Section, "Department" means |
the Department of Veterans Veterans' Affairs. |
(b) Except for the requirements set forth in subsection |
(c), any construction, modification, establishment, or change |
in categories of service of a health care facility funded |
through an appropriation from the General Assembly and |
maintained or operated by the Department is not subject to |
requirements of this Act. The Department is subject to this |
Act when the Department discontinues a health care facility or |
category of service. |
(c) The Department must notify the Board in writing of any |
appropriation by the General Assembly for the construction, |
modification, establishment or change in categories of |
service, excluding discontinuation of a health care facility |
or categories of service, maintained or operated by the |
Department of Veterans Veterans' Affairs. The Department of |
Veterans Veterans' Affairs must include with the written |
notification the following information: (i) the estimated |
service capacity of the health care facility; (ii) the |
location of the project or the intended location if not |
identified by law; and (iii) the date the health care facility |
is estimated to be opened. The Department must also notify the |
Board in writing when the facility has been licensed by the |
|
Department of Public Health or any other licensing body. The |
Department shall submit to the Board, on behalf of the health |
care facility, any annual facility questionnaires as defined |
in Section 13 of this Act or any requests for information by |
the Board. |
(d) This Section is repealed 5 years after the effective |
date of this amendatory Act of the 102nd General Assembly. |
(Source: P.A. 102-35, eff. 6-25-21.) |
Section 95. The Illinois Workforce Innovation Board Act is |
amended by changing Section 4.5 as follows: |
(20 ILCS 3975/4.5) |
Sec. 4.5. Duties. |
(a) The Board must perform all the functions of a state |
workforce innovation board under the federal Workforce |
Innovation and Opportunity Act, any amendments to that Act, |
and any other applicable federal statutes. The Board must also |
perform all other functions that are not inconsistent with the |
federal Workforce Innovation and Opportunity Act or this Act |
and that are assumed by the Board under its bylaws or assigned |
to it by the Governor. |
(b) The Board must cooperate with the General Assembly and |
make recommendations to the Governor and the General Assembly |
concerning legislation necessary to improve upon statewide and |
local workforce development systems in order to increase |
|
occupational skill attainment, employment, retention, or |
earnings of participants and thereby improve the quality of |
the workforce, reduce welfare dependency, and enhance the |
productivity and competitiveness of the State. The Board must |
annually submit a report to the General Assembly on the |
progress of the State in achieving state performance measures |
under the federal Workforce Innovation and Opportunity Act, |
including information on the levels of performance achieved by |
the State with respect to the core indicators of performance |
and the customer satisfaction indicator under that Act. The |
report must include any other items that the Governor may be |
required to report to the Secretary of the United States |
Department of Labor. |
(b-5) The Board shall implement a method for measuring the |
progress of the State's workforce development system by using |
benchmarks specified in the federal Workforce Innovation and |
Opportunity Act. |
The Board shall identify the most significant early |
indicators for each benchmark, establish a mechanism to |
collect data and track the benchmarks on an annual basis, and |
then use the results to set goals for each benchmark, to inform |
planning, and to ensure the effective use of State resources. |
(c) Nothing in this Act shall be construed to require or |
allow the Board to assume or supersede the statutory authority |
granted to, or impose any duties or requirements on, the State |
Board of Education, the Board of Higher Education, the |
|
Illinois Community College Board, any State agencies created |
under the Civil Administrative Code of Illinois, or any local |
education agencies. |
(d) No actions taken by the Illinois Human Resource |
Investment Council before the effective date of this |
amendatory Act of the 92nd General Assembly and no rights, |
powers, duties, or obligations from those actions are impaired |
solely by this amendatory Act of the 92nd General Assembly. |
All actions taken by the Illinois Human Resource Investment |
Council before the effective date of this amendatory Act of |
the 92nd General Assembly are ratified and validated. |
(e) Upon the effective date of this amendatory Act of the |
101st General Assembly, the Board shall conduct a feasibility |
study regarding the consolidation of all workforce development |
programs funded by the federal Workforce Innovation and |
Opportunity Act and conducted by the State of Illinois into |
one solitary agency to create greater access to job training |
for underserved populations. The Board shall utilize resources |
currently made available to them, including, but not limited |
to, partnering with institutions of higher education and those |
agencies currently charged with overseeing or administering |
workforce programs. The feasibility study shall: |
(1) assess the impact of consolidation on access for |
participants, including minority persons as defined in |
Section 2 of the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act, persons with |
|
limited English proficiency, persons with disabilities, |
and youth, and how consolidation would increase equitable |
access to workforce resources; |
(2) assess the cost of consolidation and estimate any |
long-term savings anticipated from the action; |
(3) assess the impact of consolidation on agencies in |
which the programs currently reside, including, but not |
limited to, the Department of Commerce and Economic |
Opportunity, the Department of Employment Security, the |
Department of Human Services, the Community College Board, |
the Board of Higher Education, the Department of |
Corrections, the Department on Aging, the Department of |
Veterans Veterans' Affairs, and the Department of Children |
and Family Services; |
(4) assess the impact of consolidation on State |
government employees and union contracts; |
(5) consider if the consolidation will provide avenues |
to maximize federal funding; |
(6) provide recommendations for the future structure |
of workforce development programs, including a proposed |
timeline for implementation; |
(7) provide direction for implementation by July 1, |
2022 with regard to recommendations that do not require |
legislative change; |
(8) if legislative change is necessary, include |
legislative language for consideration by the 102nd |
|
General Assembly. |
The Board shall submit its recommendations the Governor |
and the General Assembly by May 1, 2021. |
(Source: P.A. 100-477, eff. 9-8-17; 101-654, eff. 3-8-21.) |
Section 100. The State Finance Act is amended by changing |
Section 25 as follows: |
(30 ILCS 105/25) (from Ch. 127, par. 161) |
Sec. 25. Fiscal year limitations. |
(a) All appropriations shall be available for expenditure |
for the fiscal year or for a lesser period if the Act making |
that appropriation so specifies. A deficiency or emergency |
appropriation shall be available for expenditure only through |
June 30 of the year when the Act making that appropriation is |
enacted unless that Act otherwise provides. |
(b) Outstanding liabilities as of June 30, payable from |
appropriations which have otherwise expired, may be paid out |
of the expiring appropriations during the 2-month period |
ending at the close of business on August 31. Any service |
involving professional or artistic skills or any personal |
services by an employee whose compensation is subject to |
income tax withholding must be performed as of June 30 of the |
fiscal year in order to be considered an "outstanding |
liability as of June 30" that is thereby eligible for payment |
out of the expiring appropriation. |
|
(b-1) However, payment of tuition reimbursement claims |
under Section 14-7.03 or 18-3 of the School Code may be made by |
the State Board of Education from its appropriations for those |
respective purposes for any fiscal year, even though the |
claims reimbursed by the payment may be claims attributable to |
a prior fiscal year, and payments may be made at the direction |
of the State Superintendent of Education from the fund from |
which the appropriation is made without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, payment of tuition |
reimbursement claims under Section 14-7.03 or 18-3 of the |
School Code as of June 30, payable from appropriations that |
have otherwise expired, may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-2) (Blank). |
(b-2.5) (Blank). |
(b-2.6) (Blank). |
(b-2.6a) (Blank). |
(b-2.6b) (Blank). |
(b-2.6c) (Blank). |
(b-2.6d) All outstanding liabilities as of June 30, 2020, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2020, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
|
appropriations until December 31, 2020, without regard to the |
fiscal year in which the payment is made, as long as vouchers |
for the liabilities are received by the Comptroller no later |
than September 30, 2020. |
(b-2.6e) All outstanding liabilities as of June 30, 2021, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2021, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until September 30, 2021, without regard to the |
fiscal year in which the payment is made. |
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each |
fiscal year thereafter, interest penalties payable under the |
State Prompt Payment Act associated with a voucher for which |
payment is issued after June 30 may be paid out of the next |
fiscal year's appropriation. The future year appropriation |
must be for the same purpose and from the same fund as the |
original payment. An interest penalty voucher submitted |
against a future year appropriation must be submitted within |
60 days after the issuance of the associated voucher, except |
that, for fiscal year 2018 only, an interest penalty voucher |
submitted against a future year appropriation must be |
submitted within 60 days of June 5, 2019 (the effective date of |
Public Act 101-10). The Comptroller must issue the interest |
payment within 60 days after acceptance of the interest |
voucher. |
|
(b-3) Medical payments may be made by the Department of |
Veterans Veterans' Affairs from its appropriations for those |
purposes for any fiscal year, without regard to the fact that |
the medical services being compensated for by such payment may |
have been rendered in a prior fiscal year, except as required |
by subsection (j) of this Section. Beginning on June 30, 2021, |
medical payments payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-4) Medical payments and child care payments may be made |
by the Department of Human Services (as successor to the |
Department of Public Aid) from appropriations for those |
purposes for any fiscal year, without regard to the fact that |
the medical or child care services being compensated for by |
such payment may have been rendered in a prior fiscal year; and |
payments may be made at the direction of the Department of |
Healthcare and Family Services (or successor agency) from the |
Health Insurance Reserve Fund without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical and child care |
payments made by the Department of Human Services and payments |
made at the discretion of the Department of Healthcare and |
Family Services (or successor agency) from the Health |
Insurance Reserve Fund and payable from appropriations that |
have otherwise expired may be paid out of the expiring |
|
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-5) Medical payments may be made by the Department of |
Human Services from its appropriations relating to substance |
abuse treatment services for any fiscal year, without regard |
to the fact that the medical services being compensated for by |
such payment may have been rendered in a prior fiscal year, |
provided the payments are made on a fee-for-service basis |
consistent with requirements established for Medicaid |
reimbursement by the Department of Healthcare and Family |
Services, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical payments made by |
the Department of Human Services relating to substance abuse |
treatment services payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-6) (Blank). |
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the |
Department of Central Management Services Law from |
appropriations for those payments without regard to fiscal |
year limitations. |
(b-8) Reimbursements to eligible airport sponsors for the |
construction or upgrading of Automated Weather Observation |
Systems may be made by the Department of Transportation from |
|
appropriations for those purposes for any fiscal year, without |
regard to the fact that the qualification or obligation may |
have occurred in a prior fiscal year, provided that at the time |
the expenditure was made the project had been approved by the |
Department of Transportation prior to June 1, 2012 and, as a |
result of recent changes in federal funding formulas, can no |
longer receive federal reimbursement. |
(b-9) (Blank). |
(c) Further, payments may be made by the Department of |
Public Health and the Department of Human Services (acting as |
successor to the Department of Public Health under the |
Department of Human Services Act) from their respective |
appropriations for grants for medical care to or on behalf of |
premature and high-mortality risk infants and their mothers |
and for grants for supplemental food supplies provided under |
the United States Department of Agriculture Women, Infants and |
Children Nutrition Program, for any fiscal year without regard |
to the fact that the services being compensated for by such |
payment may have been rendered in a prior fiscal year, except |
as required by subsection (j) of this Section. Beginning on |
June 30, 2021, payments made by the Department of Public |
Health and the Department of Human Services from their |
respective appropriations for grants for medical care to or on |
behalf of premature and high-mortality risk infants and their |
mothers and for grants for supplemental food supplies provided |
under the United States Department of Agriculture Women, |
|
Infants and Children Nutrition Program payable from |
appropriations that have otherwise expired may be paid out of |
the expiring appropriations during the 4-month period ending |
at the close of business on October 31. |
(d) The Department of Public Health and the Department of |
Human Services (acting as successor to the Department of |
Public Health under the Department of Human Services Act) |
shall each annually submit to the State Comptroller, Senate |
President, Senate Minority Leader, Speaker of the House, House |
Minority Leader, and the respective Chairmen and Minority |
Spokesmen of the Appropriations Committees of the Senate and |
the House, on or before December 31, a report of fiscal year |
funds used to pay for services provided in any prior fiscal |
year. This report shall document by program or service |
category those expenditures from the most recently completed |
fiscal year used to pay for services provided in prior fiscal |
years. |
(e) The Department of Healthcare and Family Services, the |
Department of Human Services (acting as successor to the |
Department of Public Aid), and the Department of Human |
Services making fee-for-service payments relating to substance |
abuse treatment services provided during a previous fiscal |
year shall each annually submit to the State Comptroller, |
Senate President, Senate Minority Leader, Speaker of the |
House, House Minority Leader, the respective Chairmen and |
Minority Spokesmen of the Appropriations Committees of the |
|
Senate and the House, on or before November 30, a report that |
shall document by program or service category those |
expenditures from the most recently completed fiscal year used |
to pay for (i) services provided in prior fiscal years and (ii) |
services for which claims were received in prior fiscal years. |
(f) The Department of Human Services (as successor to the |
Department of Public Aid) shall annually submit to the State |
Comptroller, Senate President, Senate Minority Leader, Speaker |
of the House, House Minority Leader, and the respective |
Chairmen and Minority Spokesmen of the Appropriations |
Committees of the Senate and the House, on or before December |
31, a report of fiscal year funds used to pay for services |
(other than medical care) provided in any prior fiscal year. |
This report shall document by program or service category |
those expenditures from the most recently completed fiscal |
year used to pay for services provided in prior fiscal years. |
(g) In addition, each annual report required to be |
submitted by the Department of Healthcare and Family Services |
under subsection (e) shall include the following information |
with respect to the State's Medicaid program: |
(1) Explanations of the exact causes of the variance |
between the previous year's estimated and actual |
liabilities. |
(2) Factors affecting the Department of Healthcare and |
Family Services' liabilities, including, but not limited |
to, numbers of aid recipients, levels of medical service |
|
utilization by aid recipients, and inflation in the cost |
of medical services. |
(3) The results of the Department's efforts to combat |
fraud and abuse. |
(h) As provided in Section 4 of the General Assembly |
Compensation Act, any utility bill for service provided to a |
General Assembly member's district office for a period |
including portions of 2 consecutive fiscal years may be paid |
from funds appropriated for such expenditure in either fiscal |
year. |
(i) An agency which administers a fund classified by the |
Comptroller as an internal service fund may issue rules for: |
(1) billing user agencies in advance for payments or |
authorized inter-fund transfers based on estimated charges |
for goods or services; |
(2) issuing credits, refunding through inter-fund |
transfers, or reducing future inter-fund transfers during |
the subsequent fiscal year for all user agency payments or |
authorized inter-fund transfers received during the prior |
fiscal year which were in excess of the final amounts owed |
by the user agency for that period; and |
(3) issuing catch-up billings to user agencies during |
the subsequent fiscal year for amounts remaining due when |
payments or authorized inter-fund transfers received from |
the user agency during the prior fiscal year were less |
than the total amount owed for that period. |
|
User agencies are authorized to reimburse internal service |
funds for catch-up billings by vouchers drawn against their |
respective appropriations for the fiscal year in which the |
catch-up billing was issued or by increasing an authorized |
inter-fund transfer during the current fiscal year. For the |
purposes of this Act, "inter-fund transfers" means transfers |
without the use of the voucher-warrant process, as authorized |
by Section 9.01 of the State Comptroller Act. |
(i-1) Beginning on July 1, 2021, all outstanding |
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
of this Section, that are made from appropriations for that |
purpose for any fiscal year, without regard to the fact that |
the services being compensated for by those payments may have |
been rendered in a prior fiscal year, are limited to only those |
claims that have been incurred but for which a proper bill or |
invoice as defined by the State Prompt Payment Act has not been |
received by September 30th following the end of the fiscal |
year in which the service was rendered. |
(j) Notwithstanding any other provision of this Act, the |
aggregate amount of payments to be made without regard for |
fiscal year limitations as contained in subsections (b-1), |
(b-3), (b-4), (b-5), and (c) of this Section, and determined |
by using Generally Accepted Accounting Principles, shall not |
exceed the following amounts: |
(1) $6,000,000,000 for outstanding liabilities related |
|
to fiscal year 2012; |
(2) $5,300,000,000 for outstanding liabilities related |
to fiscal year 2013; |
(3) $4,600,000,000 for outstanding liabilities related |
to fiscal year 2014; |
(4) $4,000,000,000 for outstanding liabilities related |
to fiscal year 2015; |
(5) $3,300,000,000 for outstanding liabilities related |
to fiscal year 2016; |
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; |
(7) $2,000,000,000 for outstanding liabilities related |
to fiscal year 2018; |
(8) $1,300,000,000 for outstanding liabilities related |
to fiscal year 2019; |
(9) $600,000,000 for outstanding liabilities related |
to fiscal year 2020; and |
(10) $0 for outstanding liabilities related to fiscal |
year 2021 and fiscal years thereafter. |
(k) Department of Healthcare and Family Services Medical |
Assistance Payments. |
(1) Definition of Medical Assistance. |
For purposes of this subsection, the term "Medical |
Assistance" shall include, but not necessarily be |
limited to, medical programs and services authorized |
under Titles XIX and XXI of the Social Security Act, |
|
the Illinois Public Aid Code, the Children's Health |
Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, the Long Term Acute Care Hospital |
Quality Improvement Transfer Program Act, and medical |
care to or on behalf of persons suffering from chronic |
renal disease, persons suffering from hemophilia, and |
victims of sexual assault. |
(2) Limitations on Medical Assistance payments that |
may be paid from future fiscal year appropriations. |
(A) The maximum amounts of annual unpaid Medical |
Assistance bills received and recorded by the |
Department of Healthcare and Family Services on or |
before June 30th of a particular fiscal year |
attributable in aggregate to the General Revenue Fund, |
Healthcare Provider Relief Fund, Tobacco Settlement |
Recovery Fund, Long-Term Care Provider Fund, and the |
Drug Rebate Fund that may be paid in total by the |
Department from future fiscal year Medical Assistance |
appropriations to those funds are: $700,000,000 for |
fiscal year 2013 and $100,000,000 for fiscal year 2014 |
and each fiscal year thereafter. |
(B) Bills for Medical Assistance services rendered |
in a particular fiscal year, but received and recorded |
by the Department of Healthcare and Family Services |
after June 30th of that fiscal year, may be paid from |
either appropriations for that fiscal year or future |
|
fiscal year appropriations for Medical Assistance. |
Such payments shall not be subject to the requirements |
of subparagraph (A). |
(C) Medical Assistance bills received by the |
Department of Healthcare and Family Services in a |
particular fiscal year, but subject to payment amount |
adjustments in a future fiscal year may be paid from a |
future fiscal year's appropriation for Medical |
Assistance. Such payments shall not be subject to the |
requirements of subparagraph (A). |
(D) Medical Assistance payments made by the |
Department of Healthcare and Family Services from |
funds other than those specifically referenced in |
subparagraph (A) may be made from appropriations for |
those purposes for any fiscal year without regard to |
the fact that the Medical Assistance services being |
compensated for by such payment may have been rendered |
in a prior fiscal year. Such payments shall not be |
subject to the requirements of subparagraph (A). |
(3) Extended lapse period for Department of Healthcare |
and Family Services Medical Assistance payments. |
Notwithstanding any other State law to the contrary, |
outstanding Department of Healthcare and Family Services |
Medical Assistance liabilities, as of June 30th, payable |
from appropriations which have otherwise expired, may be |
paid out of the expiring appropriations during the 4-month |
|
period ending at the close of business on October 31st. |
(l) The changes to this Section made by Public Act 97-691 |
shall be effective for payment of Medical Assistance bills |
incurred in fiscal year 2013 and future fiscal years. The |
changes to this Section made by Public Act 97-691 shall not be |
applied to Medical Assistance bills incurred in fiscal year |
2012 or prior fiscal years. |
(m) The Comptroller must issue payments against |
outstanding liabilities that were received prior to the lapse |
period deadlines set forth in this Section as soon thereafter |
as practical, but no payment may be issued after the 4 months |
following the lapse period deadline without the signed |
authorization of the Comptroller and the Governor. |
(Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21; |
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
6-7-23.) |
Section 105. The Illinois Procurement Code is amended by |
changing Section 45-57 as follows: |
(30 ILCS 500/45-57) |
Sec. 45-57. Veterans. |
(a) Set-aside goal. It is the goal of the State to promote |
and encourage the continued economic development of small |
businesses owned and controlled by qualified veterans and that |
qualified service-disabled veteran-owned small businesses |
|
(referred to as SDVOSB) and veteran-owned small businesses |
(referred to as VOSB) participate in the State's procurement |
process as both prime contractors and subcontractors. Not less |
than 3% of the total dollar amount of State contracts, as |
defined by the Commission on Equity and Inclusion, shall be |
established as a goal to be awarded to SDVOSB and VOSB. That |
portion of a contract under which the contractor subcontracts |
with a SDVOSB or VOSB may be counted toward the goal of this |
subsection. The Commission on Equity and Inclusion shall adopt |
rules to implement compliance with this subsection by all |
State agencies. |
(b) Fiscal year reports. By each November 1, each chief |
procurement officer shall report to the Commission on Equity |
and Inclusion on all of the following for the immediately |
preceding fiscal year, and by each March 1 the Commission on |
Equity and Inclusion shall compile and report that information |
to the General Assembly: |
(1) The total number of VOSB, and the number of |
SDVOSB, who submitted bids for contracts under this Code. |
(2) The total number of VOSB, and the number of |
SDVOSB, who entered into contracts with the State under |
this Code and the total value of those contracts. |
(b-5) The Commission on Equity and Inclusion shall submit |
an annual report to the Governor and the General Assembly that |
shall include the following: |
(1) a year-by-year comparison of the number of |
|
certifications the State has issued to veteran-owned small |
businesses and service-disabled veteran-owned small |
businesses; |
(2) the obstacles, if any, the Commission on Equity |
and Inclusion faces when certifying veteran-owned |
businesses and possible rules or changes to rules to |
address those issues; |
(3) a year-by-year comparison of awarded contracts to |
certified veteran-owned small businesses and |
service-disabled veteran-owned small businesses; and |
(4) any other information that the Commission on |
Equity and Inclusion deems necessary to assist |
veteran-owned small businesses and service-disabled |
veteran-owned small businesses to become certified with |
the State. |
The Commission on Equity and Inclusion shall conduct a |
minimum of 2 outreach events per year to ensure that |
veteran-owned small businesses and service-disabled |
veteran-owned small businesses know about the procurement |
opportunities and certification requirements with the State. |
The Commission on Equity and Inclusion may receive |
appropriations for outreach. |
(c) Yearly review and recommendations. Each year, each |
chief procurement officer shall review the progress of all |
State agencies under its jurisdiction in meeting the goal |
described in subsection (a), with input from statewide |
|
veterans' service organizations and from the business |
community, including businesses owned by qualified veterans, |
and shall make recommendations to be included in the |
Commission on Equity and Inclusion's report to the General |
Assembly regarding continuation, increases, or decreases of |
the percentage goal. The recommendations shall be based upon |
the number of businesses that are owned by qualified veterans |
and on the continued need to encourage and promote businesses |
owned by qualified veterans. |
(d) Governor's recommendations. To assist the State in |
reaching the goal described in subsection (a), the Governor |
shall recommend to the General Assembly changes in programs to |
assist businesses owned by qualified veterans. |
(e) Definitions. As used in this Section: |
"Armed forces of the United States" means the United |
States Army, Navy, Air Force, Space Force, Marine Corps, Coast |
Guard, or service in active duty as defined under 38 U.S.C. |
Section 101. Service in the Merchant Marine that constitutes |
active duty under Section 401 of federal Public Law Act 95-202 |
shall also be considered service in the armed forces for |
purposes of this Section. |
"Certification" means a determination made by the Illinois |
Department of Veterans Veterans' Affairs and the Commission on |
Equity and Inclusion that a business entity is a qualified |
service-disabled veteran-owned small business or a qualified |
veteran-owned small business for whatever purpose. A SDVOSB or |
|
VOSB owned and controlled by women, minorities, or persons |
with disabilities, as those terms are defined in Section 2 of |
the Business Enterprise for Minorities, Women, and Persons |
with Disabilities Act, may also select and designate whether |
that business is to be certified as a "women-owned business", |
"minority-owned business", or "business owned by a person with |
a disability", as defined in Section 2 of the Business |
Enterprise for Minorities, Women, and Persons with |
Disabilities Act. |
"Control" means the exclusive, ultimate, majority, or sole |
control of the business, including but not limited to capital |
investment and all other financial matters, property, |
acquisitions, contract negotiations, legal matters, |
officer-director-employee selection and comprehensive hiring, |
operation responsibilities, cost-control matters, income and |
dividend matters, financial transactions, and rights of other |
shareholders or joint partners. Control shall be real, |
substantial, and continuing, not pro forma. Control shall |
include the power to direct or cause the direction of the |
management and policies of the business and to make the |
day-to-day as well as major decisions in matters of policy, |
management, and operations. Control shall be exemplified by |
possessing the requisite knowledge and expertise to run the |
particular business, and control shall not include simple |
majority or absentee ownership. |
"Qualified service-disabled veteran" means a veteran who |
|
has been found to have 10% or more service-connected |
disability by the United States Department of Veterans Affairs |
or the United States Department of Defense. |
"Qualified service-disabled veteran-owned small business" |
or "SDVOSB" means a small business (i) that is at least 51% |
owned by one or more qualified service-disabled veterans |
living in Illinois or, in the case of a corporation, at least |
51% of the stock of which is owned by one or more qualified |
service-disabled veterans living in Illinois; (ii) that has |
its home office in Illinois; and (iii) for which items (i) and |
(ii) are factually verified annually by the Commission on |
Equity and Inclusion. |
"Qualified veteran-owned small business" or "VOSB" means a |
small business (i) that is at least 51% owned by one or more |
qualified veterans living in Illinois or, in the case of a |
corporation, at least 51% of the stock of which is owned by one |
or more qualified veterans living in Illinois; (ii) that has |
its home office in Illinois; and (iii) for which items (i) and |
(ii) are factually verified annually by the Commission on |
Equity and Inclusion. |
"Service-connected disability" means a disability incurred |
in the line of duty in the active military, naval, or air |
service as described in 38 U.S.C. 101(16). |
"Small business" means a business that has annual gross |
sales of less than $150,000,000 as evidenced by the federal |
income tax return of the business. A firm with gross sales in |
|
excess of this cap may apply to the Commission on Equity and |
Inclusion for certification for a particular contract if the |
firm can demonstrate that the contract would have significant |
impact on SDVOSB or VOSB as suppliers or subcontractors or in |
employment of veterans or service-disabled veterans. |
"State agency" has the meaning provided in Section |
1-15.100 of this Code. |
"Time of hostilities with a foreign country" means any |
period of time in the past, present, or future during which a |
declaration of war by the United States Congress has been or is |
in effect or during which an emergency condition has been or is |
in effect that is recognized by the issuance of a Presidential |
proclamation or a Presidential executive order and in which |
the armed forces expeditionary medal or other campaign service |
medals are awarded according to Presidential executive order. |
"Veteran" means a person who (i) has been a member of the |
armed forces of the United States or, while a citizen of the |
United States, was a member of the armed forces of allies of |
the United States in time of hostilities with a foreign |
country and (ii) has served under one or more of the following |
conditions: (a) the veteran served a total of at least 6 |
months; (b) the veteran served for the duration of hostilities |
regardless of the length of the engagement; (c) the veteran |
was discharged on the basis of hardship; or (d) the veteran was |
released from active duty because of a service connected |
disability and was discharged under honorable conditions. |
|
(f) Certification program. The Illinois Department of |
Veterans Veterans' Affairs and the Commission on Equity and |
Inclusion shall work together to devise a certification |
procedure to assure that businesses taking advantage of this |
Section are legitimately classified as qualified |
service-disabled veteran-owned small businesses or qualified |
veteran-owned small businesses. |
The Commission on Equity and Inclusion shall: |
(1) compile and maintain a comprehensive list of |
certified veteran-owned small businesses and |
service-disabled veteran-owned small businesses; |
(2) assist veteran-owned small businesses and |
service-disabled veteran-owned small businesses in |
complying with the procedures for bidding on State |
contracts; |
(3) provide training for State agencies regarding the |
goal setting process and compliance with veteran-owned |
small business and service-disabled veteran-owned small |
business goals; and |
(4) implement and maintain an electronic portal on the |
Commission on Equity and Inclusion's website for the |
purpose of completing and submitting veteran-owned small |
business and service-disabled veteran-owned small business |
certificates. |
The Commission on Equity and Inclusion, in consultation |
with the Department of Veterans Veterans' Affairs, may develop |
|
programs and agreements to encourage cities, counties, towns, |
townships, and other certifying entities to adopt uniform |
certification procedures and certification recognition |
programs. |
(f-5) A business shall be certified by the Commission on |
Equity and Inclusion as a service-disabled veteran-owned small |
business or a veteran-owned small business for purposes of |
this Section if the Commission on Equity and Inclusion |
determines that the business has been certified as a |
service-disabled veteran-owned small business or a |
veteran-owned small business by the Vets First Verification |
Program of the United States Department of Veterans Affairs, |
and the business has provided to the Commission on Equity and |
Inclusion the following: |
(1) documentation showing certification as a |
service-disabled veteran-owned small business or a |
veteran-owned small business by the Vets First |
Verification Program of the United States Department of |
Veterans Affairs; |
(2) proof that the business has its home office in |
Illinois; and |
(3) proof that the qualified veterans or qualified |
service-disabled veterans live in the State of Illinois. |
The policies of the Commission on Equity and Inclusion |
regarding recognition of the Vets First Verification Program |
of the United States Department of Veterans Affairs shall be |
|
reviewed annually by the Commission on Equity and Inclusion, |
and recognition of service-disabled veteran-owned small |
businesses and veteran-owned small businesses certified by the |
Vets First Verification Program of the United States |
Department of Veterans Affairs may be discontinued by the |
Commission on Equity and Inclusion by rule upon a finding that |
the certification standards of the Vets First Verification |
Program of the United States Department of Veterans Affairs do |
not meet the certification requirements established by the |
Commission on Equity and Inclusion. |
(g) Penalties. |
(1) Administrative penalties. The chief procurement |
officers appointed pursuant to Section 10-20 shall suspend |
any person who commits a violation of Section 17-10.3 or |
subsection (d) of Section 33E-6 of the Criminal Code of |
2012 relating to this Section from bidding on, or |
participating as a contractor, subcontractor, or supplier |
in, any State contract or project for a period of not less |
than 3 years, and, if the person is certified as a |
service-disabled veteran-owned small business or a |
veteran-owned small business, then the Commission on |
Equity and Inclusion shall revoke the business's |
certification for a period of not less than 3 years. An |
additional or subsequent violation shall extend the |
periods of suspension and revocation for a period of not |
less than 5 years. The suspension and revocation shall |
|
apply to the principals of the business and any subsequent |
business formed or financed by, or affiliated with, those |
principals. |
(2) Reports of violations. Each State agency shall |
report any alleged violation of Section 17-10.3 or |
subsection (d) of Section 33E-6 of the Criminal Code of |
2012 relating to this Section to the chief procurement |
officers appointed pursuant to Section 10-20. The chief |
procurement officers appointed pursuant to Section 10-20 |
shall subsequently report all such alleged violations to |
the Attorney General, who shall determine whether to bring |
a civil action against any person for the violation. |
(3) List of suspended persons. The chief procurement |
officers appointed pursuant to Section 10-20 shall monitor |
the status of all reported violations of Section 17-10.3 |
or subsection (d) of Section 33E-6 of the Criminal Code of |
1961 or the Criminal Code of 2012 relating to this Section |
and shall maintain and make available to all State |
agencies a central listing of all persons that committed |
violations resulting in suspension. |
(4) Use of suspended persons. During the period of a |
person's suspension under paragraph (1) of this |
subsection, a State agency shall not enter into any |
contract with that person or with any contractor using the |
services of that person as a subcontractor. |
(5) Duty to check list. Each State agency shall check |
|
the central listing provided by the chief procurement |
officers appointed pursuant to Section 10-20 under |
paragraph (3) of this subsection to verify that a person |
being awarded a contract by that State agency, or to be |
used as a subcontractor or supplier on a contract being |
awarded by that State agency, is not under suspension |
pursuant to paragraph (1) of this subsection. |
(h) On and after November 30, 2021 (the effective date of |
Public Act 102-671) this amendatory Act of the 102nd General |
Assembly, all powers, duties, rights, and responsibilities of |
the Department of Central Management Services with respect to |
the requirements of this Section are transferred to the |
Commission on Equity and Inclusion. |
All books, records, papers, documents, property (real and |
personal), contracts, causes of action, and pending business |
pertaining to the powers, duties, rights, and responsibilities |
transferred by Public Act 102-671 this amendatory Act from the |
Department of Central Management Services to the Commission on |
Equity and Inclusion, including, but not limited to, material |
in electronic or magnetic format and necessary computer |
hardware and software, shall be transferred to the Commission |
on Equity and Inclusion. |
The powers, duties, rights, and responsibilities |
transferred from the Department of Central Management Services |
by this amendatory Act shall be vested in and shall be |
exercised by the Commission on Equity and Inclusion. |
|
Whenever reports or notices are now required to be made or |
given or papers or documents furnished or served by any person |
to or upon the Department of Central Management Services in |
connection with any of the powers, duties, rights, and |
responsibilities transferred by Public Act 102-671 this |
amendatory Act, the same shall be made, given, furnished, or |
served in the same manner to or upon the Commission on Equity |
and Inclusion. |
Public Act 102-671 This amendatory Act of the 102nd |
General Assembly does not affect any act done, ratified, or |
canceled or any right occurring or established or any action |
or proceeding had or commenced in an administrative, civil, or |
criminal cause by the Department of Central Management |
Services before this amendatory Act takes effect; such actions |
or proceedings may be prosecuted and continued by the |
Commission on Equity and Inclusion. |
Any rules of the Department of Central Management Services |
that relate to its powers, duties, rights, and |
responsibilities under this Section and are in full force on |
the effective date of Public Act 102-671 this amendatory Act |
of the 102nd General Assembly shall become the rules of the |
Commission on Equity and Inclusion. Public Act 102-671 This |
amendatory Act does not affect the legality of any such rules |
in the Illinois Administrative Code. Any proposed rules filed |
with the Secretary of State by the Department of Central |
Management Services that are pending in the rulemaking process |
|
on November 30, 2021 the effective date of this amendatory Act |
and pertain to the powers, duties, rights, and |
responsibilities transferred, shall be deemed to have been |
filed by the Commission on Equity and Inclusion. As soon as |
practicable hereafter, the Commission on Equity and Inclusion |
shall revise and clarify the rules transferred to it under |
Public Act 102-671 this amendatory Act to reflect the |
reorganization of powers, duties, rights, and responsibilities |
affected by Public Act 102-671 this amendatory Act, using the |
procedures for recodification of rules available under the |
Illinois Administrative Procedure Act, except that existing |
title, part, and section numbering for the affected rules may |
be retained. The Commission on Equity and Inclusion may |
propose and adopt under the Illinois Administrative Procedure |
Act such other rules of the Department of Central Management |
Services that will now be administered by the Commission on |
Equity and Inclusion. |
(Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; |
103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.) |
Section 110. The Illinois Procurement Code is amended by |
changing Section 45-67 as follows: |
(30 ILCS 500/45-67) |
Sec. 45-67. Encouragement to hire qualified veterans. A |
chief procurement officer may, as part of any solicitation, |
|
encourage potential contractors to consider hiring qualified |
veterans and to notify them of any available financial |
incentives or other advantages associated with hiring such |
persons. In establishing internal guidelines in furtherance of |
this Section, the Department of Central Management Services |
may work with an interagency advisory committee consisting of |
representatives from the Department of Veterans Veterans' |
Affairs, the Department of Employment Security, the Department |
of Commerce and Economic Opportunity, and the Department of |
Revenue and consisting of 8 members of the General Assembly, 2 |
of whom are appointed by the Speaker of the House of |
Representatives, 2 of whom are appointed by the President of |
the Senate, 2 of whom are appointed by the Minority Leader of |
the House of Representatives, and 2 of whom are appointed by |
the Minority Leader of the Senate. |
For the purposes of this Section, "qualified veteran" |
means an Illinois resident who: (i) was a member of the Armed |
Forces of the United States, a member of the Illinois National |
Guard, or a member of any reserve component of the Armed Forces |
of the United States; (ii) served on active duty in connection |
with Operation Desert Storm, Operation Enduring Freedom, or |
Operation Iraqi Freedom; and (iii) was honorably discharged. |
The Department of Central Management Services must report |
to the Governor and to the General Assembly by December 31 of |
each year on the activities undertaken by chief procurement |
officers and the Department of Central Management Services to |
|
encourage potential contractors to consider hiring qualified |
veterans. The report must include the number of vendors who |
have hired qualified veterans. |
(Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17.) |
Section 115. The Social Services Contract Notice Act is |
amended by changing Section 10 as follows: |
(30 ILCS 596/10) |
Sec. 10. Definitions. As used in this Act: |
(a) "Authorized service provider" means a non-governmental |
entity responsible for providing services on behalf of the |
State of Illinois under a contract with a State agency. |
(b) "Contract" means all types of State agreements for |
social service delivery, regardless of what they may be |
called, including grants, fee-for-service, fixed rate, |
cost-reimbursement, purchase of care, renewals, and |
amendments. It does not include agreements procured for goods. |
(c) "Direct services" means those services that are |
provided on behalf of Illinois residents by an authorized |
service provider. |
(d) "Reduction of contract" means a decrease in the |
defined or estimated contract value. This is not inclusive of |
adjustments made by the State through the generally accepted |
accounting principles (GAAP) reconciliation process, under the |
Illinois Grant Funds Recovery Act, or on account of the |
|
service provider's underutilization of contract value, as |
determined by the State. |
(e) "Social services" or "services" means direct services |
that are provided by a State agency through a grant awarded to |
or service agreement or contract with an authorized service |
provider and that are designed to ensure the health, safety, |
education, or welfare of Illinois residents. |
(f) "State agency" means: |
(1) the Department on Aging or its successor agency; |
(2) the Department of Children and Family Services or |
its successor agency; |
(3) the Department of Healthcare and Family Services |
or its successor agency; |
(4) the Department of Human Services or its successor |
agency; |
(5) the Department of Public Health or its successor |
agency; |
(6) the Department of Corrections or its successor |
agency; |
(7) the Department of Juvenile Justice or its |
successor agency; |
(8) the Illinois Criminal Justice Information |
Authority or its successor agency; |
(9) the Illinois State Board of Education or its |
successor agency; |
(10) the Illinois Community College Board or its |
|
successor agency; |
(11) the Illinois Housing Development Authority or its |
successor agency; |
(12) the Department of Employment Security or its |
successor agency; |
(13) the Department of Veterans Veterans' Affairs or |
its successor agency; |
(14) the Department of Military Affairs or its |
successor agency; |
(15) the Illinois Emergency Management Agency or its |
successor agency; |
(16) the Department of Commerce and Economic |
Opportunity or its successor agency; |
(17) any commission, board, or authority within the |
State agencies or successor agencies listed in this |
Section; or |
(18) any State agency, or its successor agency, |
designated to enter into contracts with one or more |
authorized service providers on behalf of a State agency |
subject to this Act. |
(Source: P.A. 100-153, eff. 8-18-17.) |
Section 125. The State Facilities Closure Act is amended |
by changing Section 5-10 as follows: |
(30 ILCS 608/5-10) |
|
Sec. 5-10. Facility closure process. |
(a) Before a State facility may be closed, the State |
executive branch officer with jurisdiction over the facility |
shall file notice of the proposed closure with the Commission. |
The notice must be filed within 2 days after the first public |
announcement of any planned or proposed closure. Within 10 |
days after it receives notice of the proposed closure, the |
Commission, in its discretion, may require the State executive |
branch officer with jurisdiction over the facility to file a |
recommendation for the closure of the facility with the |
Commission. In the case of a proposed closure of: (i) a prison, |
youth center, work camp, or work release center operated by |
the Department of Corrections; (ii) a school, mental health |
center, or center for persons with developmental disabilities |
operated by the Department of Human Services; or (iii) a |
residential facility operated by the Department of Veterans |
Veterans' Affairs, the Commission must require the executive |
branch officers to file a recommendation for closure. The |
recommendation must be filed within 30 days after the |
Commission delivers the request for recommendation to the |
State executive branch officer. The recommendation must |
include, but is not limited to, the following: |
(1) the location and identity of the State facility |
proposed to be closed; |
(2) the number of employees for which the State |
facility is the primary stationary work location and the |
|
effect of the closure of the facility on those employees; |
(3) the location or locations to which the functions |
and employees of the State facility would be moved; |
(4) the availability and condition of land and |
facilities at both the existing location and any potential |
locations; |
(5) the ability to accommodate the functions and |
employees at the existing and at any potential locations; |
(6) the cost of operations of the State facility and |
at any potential locations and any other related budgetary |
impacts; |
(7) the economic impact on existing communities in the |
vicinity of the State facility and any potential facility; |
(8) the ability of the existing and any potential |
community's infrastructure to support the functions and |
employees; |
(9) the impact on State services delivered at the |
existing location, in direct relation to the State |
services expected to be delivered at any potential |
locations; and |
(10) the environmental impact, including the impact of |
costs related to potential environmental restoration, |
waste management, and environmental compliance activities. |
(b) If a recommendation is required by the Commission, a |
30-day public comment period must follow the filing of the |
recommendation. The Commission, in its discretion, may conduct |
|
one or more public hearings on the recommendation. In the case |
of a proposed closure of: (i) a prison, youth center, work |
camp, or work release center operated by the Department of |
Corrections; (ii) a school, mental health center, or center |
for persons with developmental disabilities operated by the |
Department of Human Services; or (iii) a residential facility |
operated by the Department of Veterans Veterans' Affairs, the |
Commission must conduct one or more public hearings on the |
recommendation. Public hearings conducted by the Commission |
shall be conducted no later than 35 days after the filing of |
the recommendation. At least one of the public hearings on the |
recommendation shall be held at a convenient location within |
25 miles of the facility for which closure is recommended. The |
Commission shall provide reasonable notice of the comment |
period and of any public hearings to the public and to units of |
local government and school districts that are located within |
25 miles of the facility. |
(c) Within 50 days after the State executive branch |
officer files the required recommendation, the Commission |
shall issue an advisory opinion on that recommendation. The |
Commission shall file the advisory opinion with the |
appropriate State executive branch officer, the Governor, the |
General Assembly, and the Index Department of the Office of |
the Secretary of State and shall make copies of the advisory |
opinion available to the public upon request. |
(d) No action may be taken to implement the recommendation |
|
for closure of a State facility until 50 days after the filing |
of any required recommendation. |
(e) The requirements of this Section do not apply if all of |
the functions and employees of a State facility are relocated |
to another State facility that is within 10 miles of the closed |
facility. |
(Source: P.A. 99-143, eff. 7-27-15.) |
Section 130. The Property Tax Code is amended by changing |
Section 15-165 as follows: |
(35 ILCS 200/15-165) |
Sec. 15-165. Veterans with disabilities. Property up to an |
assessed value of $100,000, owned and used exclusively by a |
veteran with a disability, or the spouse or unmarried |
surviving spouse of the veteran, as a home, is exempt. As used |
in this Section, a "veteran with a disability" means a person |
who has served in the Armed Forces of the United States and |
whose disability is of such a nature that the Federal |
Government has authorized payment for purchase or construction |
of Specially Adapted Housing as set forth in the United States |
Code, Title 38, Chapter 21, Section 2101. |
The exemption applies to housing where Federal funds have |
been used to purchase or construct special adaptations to suit |
the veteran's disability. |
The exemption also applies to housing that is specially |
|
adapted to suit the veteran's disability, and purchased |
entirely or in part by the proceeds of a sale, casualty loss |
reimbursement, or other transfer of a home for which the |
Federal Government had previously authorized payment for |
purchase or construction as Specially Adapted Housing. |
However, the entire proceeds of the sale, casualty loss |
reimbursement, or other transfer of that housing shall be |
applied to the acquisition of subsequent specially adapted |
housing to the extent that the proceeds equal the purchase |
price of the subsequently acquired housing. |
Beginning with the 2015 tax year, the exemption also |
applies to housing that is specifically constructed or adapted |
to suit a qualifying veteran's disability if the housing or |
adaptations are donated by a charitable organization, the |
veteran has been approved to receive funds for the purchase or |
construction of Specially Adapted Housing under Title 38, |
Chapter 21, Section 2101 of the United States Code, and the |
home has been inspected and certified by a licensed home |
inspector to be in compliance with applicable standards set |
forth in U.S. Department of Veterans Affairs, Veterans |
Benefits Administration Pamphlet 26-13 Handbook for Design of |
Specially Adapted Housing. |
For purposes of this Section, "charitable organization" |
means any benevolent, philanthropic, patriotic, or |
eleemosynary entity that solicits and collects funds for |
charitable purposes and includes each local, county, or area |
|
division of that charitable organization. |
For purposes of this Section, "unmarried surviving spouse" |
means the surviving spouse of the veteran at any time after the |
death of the veteran during which such surviving spouse is not |
married. |
This exemption must be reestablished on an annual basis by |
certification from the Illinois Department of Veterans |
Veterans' Affairs to the Department, which shall forward a |
copy of the certification to local assessing officials. |
A taxpayer who claims an exemption under Section 15-168 or |
15-169 may not claim an exemption under this Section. |
(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.) |
Section 140. The Mobile Home Local Services Tax Act is |
amended by changing Section 7.5 as follows: |
(35 ILCS 515/7.5) |
Sec. 7.5. Exemption for veterans with disabilities. |
(a) Beginning on January 1, 2004, a mobile home owned and |
used exclusively by a veteran with a disability or the spouse |
or unmarried surviving spouse of the veteran as a home, is |
exempt from the tax imposed under this Act. |
Beginning with the 2015 tax year, the exemption also |
applies to housing that is specifically constructed or adapted |
to suit a qualifying veteran's disability if the housing or |
adaptations are donated by a charitable organization, the |
|
veteran has been approved to receive funds for the purchase or |
construction of Specially Adapted Housing under Title 38, |
Chapter 21, Section 2101 of the United States Code, and the |
home has been inspected and certified by a licensed home |
inspector to be in compliance with applicable standards set |
forth in U.S. Department of Veterans Affairs, Veterans |
Benefits Administration Pamphlet 26-13 Handbook for Design of |
Specially Adapted Housing. |
(b) As used in this Section: |
"Veteran with a disability" means a person who has served |
in the armed forces of the United States and whose disability |
is of such a nature that the federal government has authorized |
payment for purchase or construction of specially adapted |
housing as set forth in the United States Code, Title 38, |
Chapter 21, Section 2101. |
For purposes of this Section, "charitable organization" |
means any benevolent, philanthropic, patriotic, or |
eleemosynary entity that solicits and collects funds for |
charitable purposes and includes each local, county, or area |
division of that charitable organization. |
"Unmarried surviving spouse" means the surviving spouse of |
the veteran at any time after the death of the veteran during |
which the surviving spouse is not married. |
(c) Eligibility for this exemption must be reestablished |
on an annual basis by certification from the Illinois |
Department of Veterans Veterans' Affairs to the county clerk |
|
of the county in which the exempt mobile home is located. The |
county clerk shall forward a copy of the certification to |
local assessing officials. |
(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.) |
Section 145. The Illinois Pension Code is amended by |
changing Section 14-104 as follows: |
(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) |
Sec. 14-104. Service for which contributions permitted. |
Contributions provided for in this Section shall cover the |
period of service granted. Except as otherwise provided in |
this Section, the contributions shall be based upon the |
employee's compensation and contribution rate in effect on the |
date he last became a member of the System; provided that for |
all employment prior to January 1, 1969 the contribution rate |
shall be that in effect for a noncovered employee on the date |
he last became a member of the System. Except as otherwise |
provided in this Section, contributions permitted under this |
Section shall include regular interest from the date an |
employee last became a member of the System to the date of |
payment. |
These contributions must be paid in full before retirement |
either in a lump sum or in installment payments in accordance |
with such rules as may be adopted by the board. |
(a) Any member may make contributions as required in this |
|
Section for any period of service, subsequent to the date of |
establishment, but prior to the date of membership. |
(b) Any employee who had been previously excluded from |
membership because of age at entry and subsequently became |
eligible may elect to make contributions as required in this |
Section for the period of service during which he was |
ineligible. |
(c) An employee of the Department of Insurance who, after |
January 1, 1944 but prior to becoming eligible for membership, |
received salary from funds of insurance companies in the |
process of rehabilitation, liquidation, conservation or |
dissolution, may elect to make contributions as required in |
this Section for such service. |
(d) Any employee who rendered service in a State office to |
which he was elected, or rendered service in the elective |
office of Clerk of the Appellate Court prior to the date he |
became a member, may make contributions for such service as |
required in this Section. Any member who served by appointment |
of the Governor under the Civil Administrative Code of |
Illinois and did not participate in this System may make |
contributions as required in this Section for such service. |
(e) Any person employed by the United States government or |
any instrumentality or agency thereof from January 1, 1942 |
through November 15, 1946 as the result of a transfer from |
State service by executive order of the President of the |
United States shall be entitled to prior service credit |
|
covering the period from January 1, 1942 through December 31, |
1943 as provided for in this Article and to membership service |
credit for the period from January 1, 1944 through November |
15, 1946 by making the contributions required in this Section. |
A person so employed on January 1, 1944 but whose employment |
began after January 1, 1942 may qualify for prior service and |
membership service credit under the same conditions. |
(f) An employee of the Department of Labor of the State of |
Illinois who performed services for and under the supervision |
of that Department prior to January 1, 1944 but who was |
compensated for those services directly by federal funds and |
not by a warrant of the Auditor of Public Accounts paid by the |
State Treasurer may establish credit for such employment by |
making the contributions required in this Section. An employee |
of the Department of Agriculture of the State of Illinois, who |
performed services for and under the supervision of that |
Department prior to June 1, 1963, but was compensated for |
those services directly by federal funds and not paid by a |
warrant of the Auditor of Public Accounts paid by the State |
Treasurer, and who did not contribute to any other public |
employee retirement system for such service, may establish |
credit for such employment by making the contributions |
required in this Section. |
(g) Any employee who executed a waiver of membership |
within 60 days prior to January 1, 1944 may, at any time while |
in the service of a department, file with the board a |
|
rescission of such waiver. Upon making the contributions |
required by this Section, the member shall be granted the |
creditable service that would have been received if the waiver |
had not been executed. |
(h) Until May 1, 1990, an employee who was employed on a |
full-time basis by a regional planning commission for at least |
5 continuous years may establish creditable service for such |
employment by making the contributions required under this |
Section, provided that any credits earned by the employee in |
the commission's retirement plan have been terminated. |
(i) Any person who rendered full time contractual services |
to the General Assembly as a member of a legislative staff may |
establish service credit for up to 8 years of such services by |
making the contributions required under this Section, provided |
that application therefor is made not later than July 1, 1991. |
(j) By paying the contributions otherwise required under |
this Section, plus an amount determined by the Board to be |
equal to the employer's normal cost of the benefit plus |
interest, but with all of the interest calculated from the |
date the employee last became a member of the System or |
November 19, 1991, whichever is later, to the date of payment, |
an employee may establish service credit for a period of up to |
4 years spent in active military service for which he does not |
qualify for credit under Section 14-105, provided that (1) he |
was not dishonorably discharged from such military service, |
and (2) the amount of service credit established by a member |
|
under this subsection (j), when added to the amount of |
military service credit granted to the member under subsection |
(b) of Section 14-105, shall not exceed 5 years. The change in |
the manner of calculating interest under this subsection (j) |
made by this amendatory Act of the 92nd General Assembly |
applies to credit purchased by an employee on or after its |
effective date and does not entitle any person to a refund of |
contributions or interest already paid. In compliance with |
Section 14-152.1 of this Act concerning new benefit increases, |
any new benefit increase as a result of the changes to this |
subsection (j) made by Public Act 95-483 is funded through the |
employee contributions provided for in this subsection (j). |
Any new benefit increase as a result of the changes made to |
this subsection (j) by Public Act 95-483 is exempt from the |
provisions of subsection (d) of Section 14-152.1. |
(k) An employee who was employed on a full-time basis by |
the Illinois State's Attorneys Association Statewide Appellate |
Assistance Service LEAA-ILEC grant project prior to the time |
that project became the State's Attorneys Appellate Service |
Commission, now the Office of the State's Attorneys Appellate |
Prosecutor, an agency of State government, may establish |
creditable service for not more than 60 months service for |
such employment by making contributions required under this |
Section. |
(l) By paying the contributions otherwise required under |
this Section, plus an amount determined by the Board to be |
|
equal to the employer's normal cost of the benefit plus |
interest, a member may establish service credit for periods of |
less than one year spent on authorized leave of absence from |
service, provided that (1) the period of leave began on or |
after January 1, 1982 and (2) any credit established by the |
member for the period of leave in any other public employee |
retirement system has been terminated. A member may establish |
service credit under this subsection for more than one period |
of authorized leave, and in that case the total period of |
service credit established by the member under this subsection |
may exceed one year. In determining the contributions required |
for establishing service credit under this subsection, the |
interest shall be calculated from the beginning of the leave |
of absence to the date of payment. |
(l-5) By paying the contributions otherwise required under |
this Section, plus an amount determined by the Board to be |
equal to the employer's normal cost of the benefit plus |
interest, a member may establish service credit for periods of |
up to 2 years spent on authorized leave of absence from |
service, provided that during that leave the member |
represented or was employed as an officer or employee of a |
statewide labor organization that represents members of this |
System. In determining the contributions required for |
establishing service credit under this subsection, the |
interest shall be calculated from the beginning of the leave |
of absence to the date of payment. |
|
(m) Any person who rendered contractual services to a |
member of the General Assembly as a worker in the member's |
district office may establish creditable service for up to 3 |
years of those contractual services by making the |
contributions required under this Section. The System shall |
determine a full-time salary equivalent for the purpose of |
calculating the required contribution. To establish credit |
under this subsection, the applicant must apply to the System |
by March 1, 1998. |
(n) Any person who rendered contractual services to a |
member of the General Assembly as a worker providing |
constituent services to persons in the member's district may |
establish creditable service for up to 8 years of those |
contractual services by making the contributions required |
under this Section. The System shall determine a full-time |
salary equivalent for the purpose of calculating the required |
contribution. To establish credit under this subsection, the |
applicant must apply to the System by March 1, 1998. |
(o) A member who participated in the Illinois Legislative |
Staff Internship Program may establish creditable service for |
up to one year of that participation by making the |
contribution required under this Section. The System shall |
determine a full-time salary equivalent for the purpose of |
calculating the required contribution. Credit may not be |
established under this subsection for any period for which |
service credit is established under any other provision of |
|
this Code. |
(p) By paying the contributions otherwise required under |
this Section, plus an amount determined by the Board to be |
equal to the employer's normal cost of the benefit plus |
interest, a member may establish service credit for a period |
of up to 8 years during which he or she was employed by the |
Visually Handicapped Managers of Illinois in a vending program |
operated under a contractual agreement with the Department of |
Rehabilitation Services or its successor agency. |
This subsection (p) applies without regard to whether the |
person was in service on or after the effective date of this |
amendatory Act of the 94th General Assembly. In the case of a |
person who is receiving a retirement annuity on that effective |
date, the increase, if any, shall begin to accrue on the first |
annuity payment date following receipt by the System of the |
contributions required under this subsection (p). |
(q) By paying the required contributions under this |
Section, plus an amount determined by the Board to be equal to |
the employer's normal cost of the benefit plus interest, an |
employee who was laid off but returned to any State employment |
may establish creditable service for the period of the layoff, |
provided that (1) the applicant applies for the creditable |
service under this subsection (q) within 6 months after July |
27, 2010 (the effective date of Public Act 96-1320), (2) the |
applicant does not receive credit for that period under any |
other provision of this Code, (3) at the time of the layoff, |
|
the applicant is not in an initial probationary status |
consistent with the rules of the Department of Central |
Management Services, and (4) the total amount of creditable |
service established by the applicant under this subsection (q) |
does not exceed 3 years. For service established under this |
subsection (q), the required employee contribution shall be |
based on the rate of compensation earned by the employee on the |
date of returning to employment after the layoff and the |
contribution rate then in effect, and the required interest |
shall be calculated at the actuarially assumed rate from the |
date of returning to employment after the layoff to the date of |
payment. Funding for any new benefit increase, as defined in |
Section 14-152.1 of this Act, that is created under this |
subsection (q) will be provided by the employee contributions |
required under this subsection (q). |
(r) A member who participated in the University of |
Illinois Government Public Service Internship Program (GPSI) |
may establish creditable service for up to 2 years of that |
participation by making the contribution required under this |
Section, plus an amount determined by the Board to be equal to |
the employer's normal cost of the benefit plus interest. The |
System shall determine a full-time salary equivalent for the |
purpose of calculating the required contribution. Credit may |
not be established under this subsection for any period for |
which service credit is established under any other provision |
of this Code. |
|
(s) A member who worked as a nurse under a contractual |
agreement for the Department of Public Aid, or its successor |
agency, the Department of Human Services, in the Client |
Assessment Unit and was subsequently determined to be a State |
employee by the United States Internal Revenue Service and the |
Illinois Labor Relations Board may establish creditable |
service for those contractual services by making the |
contributions required under this Section. To establish credit |
under this subsection, the applicant must apply to the System |
by July 1, 2008. |
The Department of Human Services shall pay an employer |
contribution based upon an amount determined by the Board to |
be equal to the employer's normal cost of the benefit, plus |
interest. |
In compliance with Section 14-152.1 added by Public Act |
94-4, the cost of the benefits provided by Public Act 95-583 |
are offset by the required employee and employer |
contributions. |
(t) Any person who rendered contractual services on a |
full-time basis to the Illinois Institute of Natural Resources |
and the Illinois Department of Energy and Natural Resources |
may establish creditable service for up to 4 years of those |
contractual services by making the contributions required |
under this Section, plus an amount determined by the Board to |
be equal to the employer's normal cost of the benefit plus |
interest at the actuarially assumed rate from the first day of |
|
the service for which credit is being established to the date |
of payment. To establish credit under this subsection (t), the |
applicant must apply to the System within 6 months after July |
27, 2010 (the effective date of Public Act 96-1320). |
(u) By paying the required contributions under this |
Section, plus an amount determined by the Board to be equal to |
the employer's normal cost of the benefit, plus interest, a |
member may establish creditable service and earnings credit |
for periods of furlough beginning on or after July 1, 2008. To |
receive this credit, the participant must (i) apply in writing |
to the System before December 31, 2011 and (ii) not receive |
compensation for the furlough period. For service established |
under this subsection, the required employee contribution |
shall be based on the rate of compensation earned by the |
employee immediately following the date of the first furlough |
day in the time period specified in this subsection (u), and |
the required interest shall be calculated at the actuarially |
assumed rate from the date of the furlough to the date of |
payment. |
(v) Any member who rendered full-time contractual services |
to an Illinois Veterans Home operated by the Department of |
Veterans Veterans' Affairs may establish service credit for up |
to 8 years of such services by making the contributions |
required under this Section, plus an amount determined by the |
Board to be equal to the employer's normal cost of the benefit, |
plus interest at the actuarially assumed rate. To establish |
|
credit under this subsection, the applicant must apply to the |
System no later than 6 months after July 27, 2010 (the |
effective date of Public Act 96-1320). |
(Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09; |
96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff. |
7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333, |
8-12-11.) |
Section 150. The Military Family Interstate Compact |
Implementation Statute Drafting Advisory Committee Act is |
amended by changing Section 5 as follows: |
(45 ILCS 175/5) |
Sec. 5. Committee; created; mandate. The Military Family |
Interstate Compact Implementation Statute Drafting Advisory |
Committee is created as an interagency advisory committee to |
develop a comprehensive statute to implement the Interstate |
Compact on Educational Opportunity for Military Children, a |
document developed by the National Military Family |
Association. The Lieutenant Governor is the chair of the |
Committee, which shall be composed of the following |
individuals or agency designees: |
(1) The Lieutenant Governor. |
(2) The Illinois State Board of Education. |
(3) The Department of Commerce and Economic |
Opportunity. |
|
(4) The Department of Healthcare and Family Services. |
(5) The Housing Development Authority. |
(6) The Department of Veterans Veterans' Affairs. |
(7) The Department of Military Affairs. |
(8) The Department of Employment Security. |
(9) Any other interested stakeholder, at the |
discretion of the chair. |
The Committee shall meet at a time and place designated by |
the chair, but in no case shall the Committee meet less often |
than once each month, until it has fulfilled all the |
obligations delineated in this Act. |
All meetings of the Committee are subject to the |
provisions of the Open Meetings Act. |
All proceedings of the Committee and documents produced by |
the Committee are subject to the provisions of the Freedom of |
Information Act. |
The Committee shall draft and submit to the General |
Assembly a model implementation statute and a report outlining |
all the issues raised by the implementation by no later than |
December 31, 2008 or within 90 days after the effective date of |
this Act, whichever is later. |
The Office of the Lieutenant Governor shall provide staff |
and administrative support to the Committee. |
(Source: P.A. 95-736, eff. 7-16-08.) |
Section 155. The Counties Code is amended by changing |
|
Section 3-5015 as follows: |
(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015) |
Sec. 3-5015. Certificates of discharge or release from |
active duty. Certificates of discharge or MEMBER-4 copy of |
certificate of release or discharge from active duty of |
honorably discharged or separated members of the military, |
aviation and naval forces of the United States shall be |
recorded by each recorder, free of charge, in a separate book |
or computer database which shall be kept for the purpose. The |
recorder in counties of over 500,000 population shall as soon |
as practicable after the recording of the original discharge |
certificate or MEMBER-4 copy of certificate of release or |
discharge from active duty, deliver to each of the persons |
named in the discharge certificate or MEMBER-4 copy of |
certificate of release or discharge from active duty, or the |
person's agent, one certified copy of the person's discharge |
certificate or MEMBER-4 copy of certificate of release or |
discharge from active duty without charge. Additional |
certified copies shall be furnished by the recorder upon the |
payment to the recorder of a fee of $1.25, payable in advance, |
for each such additional certified copy. The recorder may |
waive the fee for reasonable requests for additional copies if |
the recorder deems collecting the fee to be a burden to the |
county, but only if the fee is waived for all reasonable |
requests for additional copies under this Section. |
|
Upon the delivery of the certificate of discharge or |
MEMBER-4 copy of certificate of release or discharge from |
active duty after the recordation thereof is completed, and |
the delivery of one certified copy thereof to the person named |
in the discharge certificate or MEMBER-4 copy of certificate |
of release or discharge from active duty or the person's |
agent, the receipt theretofore issued by the recorder, or a |
copy thereof shall be surrendered to the recorder, with a |
signed statement acknowledging the receipt of the discharge |
certificate or MEMBER-4 copy of certificate of release or |
discharge from active duty and the certified copy thereof. |
Certified copies of the certificates of discharge or |
MEMBER-4 copy of certificate of release or discharge from |
active duty furnished by the recorder may vary from the size of |
the original, if in the judgment of the recorder, such |
certified copies are complete and legible. |
A military discharge form (DD-214) or any other |
certificate of discharge or release from active duty document |
that was issued by the United States government or any state |
government in reference to those who served with an active or |
inactive military reserve unit or National Guard force and |
that was recorded by a County Clerk or Recorder of Deeds is not |
subject to public inspection, enjoying all the protection |
covered by the federal Privacy Act of 1974 or any other privacy |
law. These documents shall be accessible only to the person |
named in the document, the named person's dependents, the |
|
county veterans' service officer, representatives of the |
Department of Veterans Veterans' Affairs, or any person with |
written authorization from the named person or the named |
person's dependents. Notwithstanding any other provision in |
this paragraph, these documents shall be made available for |
public inspection and copying in accordance with the archival |
schedule adopted by the National Archives and Records |
Administration and subject to redaction of information that is |
considered private under the Illinois Freedom of Information |
Act, the federal Freedom of Information Act, and the federal |
Privacy Act. |
(Source: P.A. 103-400, eff. 1-1-24.) |
Section 160. The Counties Code is amended by changing |
Section 5-12022 as follows: |
(55 ILCS 5/5-12022) |
Sec. 5-12022. Building permit fee for veterans with a |
disability. |
(a) A veteran with a disability or the veteran's caregiver |
shall not be charged any building permit fee for improvements |
to the residence of the veteran with a disability if the |
improvements are required to accommodate a disability of the |
veteran. Nothing in this subsection changes the obligation of |
any person to submit to the county applications, forms, or |
other paperwork to obtain a building permit. A veteran or |
|
caregiver must provide proof of veteran status and attest to |
the fact that the improvements to the residence are required |
to accommodate the veteran's disability. Proof of veteran |
status is to be construed liberally, and veteran status shall |
include service in the Armed Forces of the United States, |
National Guard, or the reserves of the Armed Forces of the |
United States. |
(b) What constitutes proof of veteran status shall be |
determined by the county. The Illinois Department of Veterans |
Veterans' Affairs may not adjudicate any dispute arising under |
subsection paragraph (a). |
(c) A home rule county may not regulate building permit |
fees in a manner inconsistent with this Section. This Section |
is a limitation under subsection (i) of Section 6 of Article |
VII of the Illinois Constitution on the concurrent exercise by |
home rule units of powers and functions exercised by the |
State. |
(Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.) |
Section 165. The Township Code is amended by changing |
Section 110-17 as follows: |
(60 ILCS 1/110-17) |
Sec. 110-17. Building permit fee for veterans with a |
disability. A veteran with a disability or the veteran's |
caregiver shall not be charged any building permit fee for |
|
improvements to the residence of the veteran with a disability |
if the improvements are required to accommodate a disability |
of the veteran. Nothing in this Section changes the obligation |
of any person to submit to the township applications, forms, |
or other paperwork to obtain a building permit. A veteran or |
caregiver must provide proof of veteran status and attest to |
the fact that the improvements to the residence are required |
to accommodate the veteran's disability. Proof of veteran |
status is to be construed liberally, and veteran status shall |
include service in the Armed Forces of the United States, |
National Guard, or the reserves of the Armed Forces of the |
United States. What constitutes proof of veteran status shall |
be determined by the township. The Illinois Department of |
Veterans Veterans' Affairs may not adjudicate any dispute |
arising under this paragraph. |
(Source: P.A. 103-621, eff. 1-1-25.) |
Section 170. The Illinois Municipal Code is amended by |
changing Section 11-13-28 as follows: |
(65 ILCS 5/11-13-28) |
Sec. 11-13-28. Building permit fee for veterans with a |
disability. |
(a) A veteran with a disability or the veteran's caregiver |
shall not be charged any building permit fee for improvements |
to the residence of the veteran with a disability if the |
|
improvements are required to accommodate a disability of the |
veteran. Nothing in this subsection changes the obligation of |
any person to submit to the municipality applications, forms, |
or other paperwork to obtain a building permit. A veteran or |
caregiver must provide proof of veteran status and attest to |
the fact that the improvements to the residence are required |
to accommodate the veteran's disability. Proof of veteran |
status is to be construed liberally, and veteran status shall |
include service in the Armed Forces of the United States, |
National Guard, or the reserves of the Armed Forces of the |
United States. |
(b) What constitutes proof of veteran status shall be |
determined by the municipality. The Illinois Department of |
Veterans Veterans' Affairs may not adjudicate any dispute |
arising under subsection paragraph (a). |
(c) A home rule municipality may not regulate building |
permit fees in a manner inconsistent with this Section. This |
Section is a limitation under subsection (i) of Section 6 of |
Article VII of the Illinois Constitution on the concurrent |
exercise by home rule units of powers and functions exercised |
by the State. |
(Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.) |
Section 175. The School Code is amended by changing |
Section 30-14.2 as follows: |
|
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2) |
Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' |
Dependents scholarship. |
(a) Any spouse, natural child, legally adopted child under |
the age of 18 at the time of adoption, minor child younger than |
18 who is under a court-ordered guardianship for at least 2 |
continuous years prior to application, or step-child under the |
age of 18 at the time of marriage of an eligible veteran or |
serviceperson who possesses all necessary entrance |
requirements shall, upon application and proper proof, be |
awarded a MIA/POW Scholarship consisting of the equivalent of |
4 calendar years of full-time enrollment including summer |
terms, to the state supported Illinois institution of higher |
learning of his choice, subject to the restrictions listed |
below. |
"Eligible veteran or serviceperson" means any veteran or |
serviceperson, including an Illinois National Guard member who |
is on active duty or is active on a training assignment, who |
has been declared by the U.S. Department of Defense or the U.S. |
Department of Veterans Affairs to be a prisoner of war or |
missing in action, or has died as the result of a |
service-connected disability or has become a person with a |
permanent disability from service-connected causes with 100% |
disability and who (i) at the time of entering service was an |
Illinois resident, or (ii) was an Illinois resident within 6 |
months after entering such service, or (iii) is a resident of |
|
Illinois at the time of application for the Scholarship and, |
at some point after entering such service, was a resident of |
Illinois for at least 15 consecutive years. |
Full-time enrollment means 12 or more semester hours of |
courses per semester, or 12 or more quarter hours of courses |
per quarter, or the equivalent thereof per term. Scholarships |
utilized by dependents enrolled in less than full-time study |
shall be computed in the proportion which the number of hours |
so carried bears to full-time enrollment. |
Scholarships awarded under this Section may be used by a |
spouse or child without regard to his or her age. The holder of |
a Scholarship awarded under this Section shall be subject to |
all examinations and academic standards, including the |
maintenance of minimum grade levels, that are applicable |
generally to other enrolled students at the Illinois |
institution of higher learning where the Scholarship is being |
used. If the surviving spouse remarries or if there is a |
divorce between the veteran or serviceperson and his or her |
spouse while the dependent is pursuing his or her course of |
study, Scholarship benefits will be terminated at the end of |
the term for which he or she is presently enrolled. Such |
dependents shall also be entitled, upon proper proof and |
application, to enroll in any extension course offered by a |
State supported Illinois institution of higher learning |
without payment of tuition and approved fees. |
The holder of a MIA/POW Scholarship authorized under this |
|
Section shall not be required to pay any tuition or mandatory |
fees while attending a State-controlled university or public |
community college in this State for a period equivalent to 4 |
years of enrollment, including summer terms. |
Any dependent who has been or shall be awarded a MIA/POW |
Scholarship shall be reimbursed by the appropriate institution |
of higher learning for any fees which he or she has paid and |
for which exemption is granted under this Section if |
application for reimbursement is made within 2 months |
following the end of the school term for which the fees were |
paid. |
(b) In lieu of the benefit provided in subsection (a), any |
spouse, natural child, legally adopted child, or step-child of |
an eligible veteran or serviceperson, which spouse or child |
has a physical, mental or developmental disability, shall be |
entitled to receive, upon application and proper proof, a |
benefit to be used for the purpose of defraying the cost of the |
attendance or treatment of such spouse or child at one or more |
appropriate therapeutic, rehabilitative or educational |
facilities. The application and proof may be made by the |
parent or legal guardian of the spouse or child on his or her |
behalf. |
The total benefit provided to any beneficiary under this |
subsection shall not exceed the cost equivalent of 4 calendar |
years of full-time enrollment, including summer terms, at the |
University of Illinois. Whenever practicable in the opinion of |
|
the Department of Veterans Veterans' Affairs, payment of |
benefits under this subsection shall be made directly to the |
facility, the cost of attendance or treatment at which is |
being defrayed, as such costs accrue. |
(c) The benefits of this Section shall be administered by |
and paid for out of funds made available to the Illinois |
Department of Veterans Veterans' Affairs. The amounts that |
become due to any state supported Illinois institution of |
higher learning shall be payable by the Comptroller to such |
institution on vouchers approved by the Illinois Department of |
Veterans Veterans' Affairs. The amounts that become due under |
subsection (b) of this Section shall be payable by warrant |
upon vouchers issued by the Illinois Department of Veterans |
Veterans' Affairs and approved by the Comptroller. The |
Illinois Department of Veterans Veterans' Affairs shall |
determine the eligibility of the persons who make application |
for the benefits provided for in this Section. |
(Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.) |
Section 180. The Higher Education Veterans Service Act is |
amended by changing Section 15 as follows: |
(110 ILCS 49/15) |
Sec. 15. Survey; coordinator; best practices report; best |
efforts. |
(a) All public colleges and universities shall, within 60 |
|
days after the effective date of this Act, conduct a survey of |
the services and programs that are provided for veterans, |
active duty military personnel, and their families, at each of |
their respective campuses. This survey shall enumerate and |
fully describe the service or program that is available, the |
number of veterans or active duty personnel using the service |
or program, an estimated range for potential use within a |
5-year and 10-year period, information on the location of the |
service or program, and how its administrators may be |
contacted. The survey shall indicate the manner or manners in |
which a student veteran may avail himself or herself of the |
program's services. This survey must be made available to all |
veterans matriculating at the college or university in the |
form of an orientation-related guidebook. |
Each public college and university shall make the survey |
available on the homepage of all campus Internet links as soon |
as practical after the completion of the survey. As soon as |
possible after the completion of the survey, each public |
college and university shall provide a copy of its survey to |
the following: |
(1) the Board of Higher Education; |
(2) the Department of Veterans Veterans' Affairs; |
(3) the President and Minority Leader of the Senate |
and the Speaker and Minority Leader of the House of |
Representatives; and |
(4) the Governor. |
|
(b) Each public college and university shall, at its |
discretion, (i) appoint, within 6 months after August 7, 2009 |
(the effective date of this Act), an existing employee or (ii) |
hire a new employee to serve as a Coordinator of Veterans and |
Military Personnel Student Services on each campus of the |
college or university that has an onsite, daily, full-time |
student headcount above 1,000 students. |
The Coordinator of Veterans and Military Personnel Student |
Services shall be an ombudsperson serving the specific needs |
of student veterans and military personnel and their families |
and shall serve as an advocate before the administration of |
the college or university for the needs of student veterans. |
The college or university shall enable the Coordinator of |
Veterans and Military Personnel Student Services to |
communicate directly with the senior executive administration |
of the college or university periodically. The college or |
university shall retain unfettered discretion to determine the |
organizational management structure of its institution. |
In addition to any responsibilities the college or |
university may assign, the Coordinator of Veterans and |
Military Personnel Student Services shall make its best |
efforts to create a centralized source for student veterans |
and military personnel to learn how to receive all benefit |
programs and services for which they are eligible. |
Each college and university campus that is required to |
have a Coordinator of Veterans and Military Personnel Student |
|
Services shall regularly and conspicuously advertise the |
office location and phone number of and Internet access to the |
Coordinator of Veterans and Military Personnel Student |
Services, along with a brief summary of the manner in which he |
or she can assist student veterans. The advertisement shall |
include, but is not necessarily limited to, the following: |
(1) advertisements on each campus' Internet home page; |
(2) any promotional mailings for student application; |
and |
(3) the website and any social media accounts of the |
public college or university. |
The Coordinator of Veterans and Military Personnel Student |
Services shall facilitate other campus offices with the |
promotion of programs and services that are available. |
(c) Upon receipt of all of the surveys under subsection |
(a) of this Section, the Board of Higher Education and the |
Department of Veterans Veterans' Affairs shall conduct a joint |
review of the surveys. The Department of Veterans Veterans' |
Affairs shall post, on any Internet home page it may operate, a |
link to each survey as posted on the Internet website for the |
college or university. The Board of Higher Education shall |
post, on any Internet home page it may operate, a link to each |
survey as posted on the Internet website for the college or |
university or an annual report or document containing survey |
information for each college or university. Upon receipt of |
all of the surveys, the Office of the Governor, through its |
|
military affairs advisors, shall similarly conduct a review of |
the surveys. Following its review of the surveys, the Office |
of the Governor shall submit an evaluation report to each |
college and university offering suggestions and insight on the |
conduct of student veteran-related policies and programs. |
(d) The Board of Higher Education and the Department of |
Veterans Veterans' Affairs may issue a best practices report |
to highlight those programs and services that are most |
beneficial to veterans and active duty military personnel. The |
report shall contain a fiscal needs assessment in conjunction |
with any program recommendations. |
(e) Each college and university campus that is required to |
have a Coordinator of Veterans and Military Personnel Student |
Services under subsection (b) of this Section shall make its |
best efforts to create academic and social programs and |
services for veterans and active duty military personnel that |
will provide reasonable opportunities for academic performance |
and success. |
Each public college and university shall make its best |
efforts to determine how its online educational curricula can |
be expanded or altered to serve the needs of student veterans |
and currently deployed military, including a determination of |
whether and to what extent the public colleges and |
universities can share existing technologies to improve the |
online curricula of peer institutions, provided such efforts |
are both practically and economically feasible. |
|
(Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; |
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
Section 190. The University of Illinois Act is amended by |
changing Section 8 as follows: |
(110 ILCS 305/8) (from Ch. 144, par. 29) |
Sec. 8. Admissions. |
(a) (Blank). |
(b) No new student shall be admitted to instruction in any |
of the departments or colleges of the University unless such |
student also has satisfactorily completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
|
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that institutions may admit individual |
applicants if the institution determines through |
assessment or through evaluation based on learning |
outcomes of the coursework taken, including career and |
technical education courses and courses taken in a charter |
school established under Article 27A of the School Code, |
that the applicant demonstrates knowledge and skills |
substantially equivalent to the knowledge and skills |
expected to be acquired in the high school courses |
required for admission. The Board of Trustees of the |
University of Illinois shall not discriminate in the |
University's admissions process against an applicant for |
admission because of the applicant's enrollment in a |
charter school established under Article 27A of the School |
Code. Institutions may also admit 1) applicants who did |
not have an opportunity to complete the minimum college |
preparatory curriculum in high school, and 2) |
educationally disadvantaged applicants who are admitted to |
the formal organized special assistance programs that are |
tailored to the needs of such students, providing that in |
either case, the institution incorporates in the |
applicant's baccalaureate curriculum courses or other |
academic activities that compensate for course |
deficiencies; and |
|
(3) except that up to 3 of the 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(c) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (b). |
(d) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(e) The Board of Trustees shall establish an admissions |
process in which honorably discharged veterans are permitted |
to submit an application for admission to the University as a |
freshman student enrolling in the spring semester if the |
veteran was on active duty during the fall semester. The |
University may request that the Department of Veterans |
Veterans' Affairs confirm the status of an applicant as an |
honorably discharged veteran who was on active duty during the |
fall semester. |
(f) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
|
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 195. The Southern Illinois University Management |
Act is amended by changing Section 8e as follows: |
(110 ILCS 520/8e) (from Ch. 144, par. 658e) |
Sec. 8e. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the University unless such |
student also has satisfactorily completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
|
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that institutions may admit individual |
applicants if the institution determines through |
assessment or through evaluation based on learning |
outcomes of the coursework taken, including career and |
technical education courses and courses taken in a charter |
school established under Article 27A of the School Code, |
that the applicant demonstrates knowledge and skills |
substantially equivalent to the knowledge and skills |
expected to be acquired in the high school courses |
required for admission. The Board of Trustees of Southern |
Illinois University shall not discriminate in the |
University's admissions process against an applicant for |
admission because of the applicant's enrollment in a |
charter school established under Article 27A of the School |
Code. Institutions may also admit 1) applicants who did |
not have an opportunity to complete the minimum college |
|
preparatory curriculum in high school, and 2) |
educationally disadvantaged applicants who are admitted to |
the formal organized special assistance programs that are |
tailored to the needs of such students, providing that in |
either case, the institution incorporates in the |
applicant's baccalaureate curriculum courses or other |
academic activities that compensate for course |
deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
|
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 200. The Chicago State University Law is amended |
by changing Section 5-85 as follows: |
(110 ILCS 660/5-85) |
Sec. 5-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Chicago State University |
|
unless such student also has satisfactorily completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Chicago State University may admit |
individual applicants if it determines through assessment |
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
|
Trustees of Chicago State University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Chicago State |
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
|
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 205. The Eastern Illinois University Law is |
|
amended by changing Section 10-85 as follows: |
(110 ILCS 665/10-85) |
Sec. 10-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Eastern Illinois |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Eastern Illinois University may admit |
individual applicants if it determines through assessment |
|
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
Trustees of Eastern Illinois University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Eastern Illinois |
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
|
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
|
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 210. The Governors State University Law is amended |
by changing Section 15-85 as follows: |
(110 ILCS 670/15-85) |
Sec. 15-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Governors State |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
|
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Governors State University may admit |
individual applicants if it determines through assessment |
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
Trustees of Governors State University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Governors State |
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
|
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
|
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 215. The Illinois State University Law is amended |
by changing Section 20-85 as follows: |
(110 ILCS 675/20-85) |
Sec. 20-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Illinois State |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
|
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Illinois State University may admit |
individual applicants if it determines through assessment |
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
Trustees of Illinois State University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Illinois State |
|
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
|
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 220. The Northeastern Illinois University Law is |
amended by changing Section 25-85 as follows: |
(110 ILCS 680/25-85) |
Sec. 25-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
|
of the departments or colleges of the Northeastern Illinois |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Northeastern Illinois University may |
admit individual applicants if it determines through |
assessment or through evaluation based on learning |
outcomes of the coursework taken, including career and |
technical education courses and courses taken in a charter |
school established under Article 27A of the School Code, |
that the applicant demonstrates knowledge and skills |
|
substantially equivalent to the knowledge and skills |
expected to be acquired in the high school courses |
required for admission. The Board of Trustees of |
Northeastern Illinois University shall not discriminate in |
the University's admissions process against an applicant |
for admission because of the applicant's enrollment in a |
charter school established under Article 27A of the School |
Code. Northeastern Illinois University may also admit (i) |
applicants who did not have an opportunity to complete the |
minimum college preparatory curriculum in high school, and |
(ii) educationally disadvantaged applicants who are |
admitted to the formal organized special assistance |
programs that are tailored to the needs of such students, |
providing that in either case, the institution |
incorporates in the applicant's baccalaureate curriculum |
courses or other academic activities that compensate for |
course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
|
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
|
103-936, eff. 8-9-24.) |
Section 225. The Northern Illinois University Law is |
amended by changing Section 30-85 as follows: |
(110 ILCS 685/30-85) |
Sec. 30-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Northern Illinois |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
|
agricultural education, or art; |
(2) except that Northern Illinois University may admit |
individual applicants if it determines through assessment |
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
Trustees of Northern Illinois University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Northern Illinois |
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
|
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
(e) Beginning with the 2025-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
|
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 230. The Western Illinois University Law is |
amended by changing Section 35-85 as follows: |
(110 ILCS 690/35-85) |
Sec. 35-85. Admissions. |
(a) No new student shall be admitted to instruction in any |
of the departments or colleges of the Western Illinois |
University unless such student also has satisfactorily |
completed: |
(1) at least 15 units of high school coursework from |
the following 5 categories: |
(A) 4 years of English (emphasizing written and |
oral communications and literature), of which up to 2 |
years may be collegiate level instruction; |
(B) 3 years of social studies (emphasizing history |
and government); |
(C) 3 years of mathematics (introductory through |
|
advanced algebra, geometry, trigonometry, or |
fundamentals of computer programming); |
(D) 3 years of science (laboratory sciences or |
agricultural sciences); and |
(E) 2 years of electives in foreign language |
(which may be deemed to include American Sign |
Language), music, career and technical education, |
agricultural education, or art; |
(2) except that Western Illinois University may admit |
individual applicants if it determines through assessment |
or through evaluation based on learning outcomes of the |
coursework taken, including career and technical education |
courses and courses taken in a charter school established |
under Article 27A of the School Code, that the applicant |
demonstrates knowledge and skills substantially equivalent |
to the knowledge and skills expected to be acquired in the |
high school courses required for admission. The Board of |
Trustees of Western Illinois University shall not |
discriminate in the University's admissions process |
against an applicant for admission because of the |
applicant's enrollment in a charter school established |
under Article 27A of the School Code. Western Illinois |
University may also admit (i) applicants who did not have |
an opportunity to complete the minimum college preparatory |
curriculum in high school, and (ii) educationally |
disadvantaged applicants who are admitted to the formal |
|
organized special assistance programs that are tailored to |
the needs of such students, providing that in either case, |
the institution incorporates in the applicant's |
baccalaureate curriculum courses or other academic |
activities that compensate for course deficiencies; and |
(3) except that up to 3 of 15 units of coursework |
required by paragraph (1) of this subsection may be |
distributed by deducting no more than one unit each from |
the categories of social studies, mathematics, sciences |
and electives and completing those 3 units in any of the 5 |
categories of coursework described in paragraph (1). |
(b) When allocating funds, local boards of education shall |
recognize their obligation to their students to offer the |
coursework required by subsection (a). |
(c) A student who has graduated from high school and has |
scored within the University's accepted range on the ACT or |
SAT shall not be required to take a high school equivalency |
test as a prerequisite to admission. |
(d) The Board shall establish an admissions process in |
which honorably discharged veterans are permitted to submit an |
application for admission to the University as a freshman |
student enrolling in the spring semester if the veteran was on |
active duty during the fall semester. The University may |
request that the Department of Veterans Veterans' Affairs |
confirm the status of an applicant as an honorably discharged |
veteran who was on active duty during the fall semester. |
|
(e) Beginning with the 20245-2026 academic year, the |
University shall provide all Illinois students transferring |
from a public community college in this State with the |
University's undergraduate transfer admissions application fee |
waiver policy and, if such a policy exists, any application or |
forms necessary to apply for a fee waiver as part of the |
University's transfer admissions process. The University is |
encouraged to develop a policy to automatically waive the |
undergraduate transfer admissions application fee for |
low-income Illinois students transferring from a public |
community college in this State. The University shall post |
this policy in an easily accessible place on the University's |
Internet website. |
(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
103-936, eff. 8-9-24.) |
Section 235. The Higher Education Student Assistance Act |
is amended by changing Section 40 as follows: |
(110 ILCS 947/40) |
Sec. 40. Illinois Veteran grant program. |
(a) As used in this Section: |
"Qualified applicant" means a person who served in the |
Armed Forces of the United States, a Reserve component of the |
Armed Forces, or the Illinois National Guard, excluding |
members of the Reserve Officers' Training Corps and those |
|
whose only service has been attendance at a service academy, |
and who meets all of the qualifications of either paragraphs |
(1) through (4) or paragraphs (2), (3), and (5): |
(1) At the time of entering federal active duty |
service the person was one of the following: |
(A) An Illinois resident. |
(B) An Illinois resident within 6 months of |
entering such service. |
(C) Enrolled at a State-controlled university or |
public community college in this State. |
(2) The person meets one of the following |
requirements: |
(A) He or she served at least one year of federal |
active duty. |
(B) He or she served less than one year of federal |
active duty and received an honorable discharge for |
medical reasons directly connected with such service. |
(C) He or she served less than one year of federal |
active duty and was discharged prior to August 11, |
1967. |
(D) He or she served less than one year of federal |
active duty in a foreign country during a time of |
hostilities in that foreign country. |
(3) The person received an honorable discharge after |
leaving federal active duty service. |
(4) The person returned to this State within 6 months |
|
after leaving federal active duty service, or, if married |
to a person in continued military service stationed |
outside this State, returned to this State within 6 months |
after his or her spouse left service or was stationed |
within this State. |
(5) The person does not meet the requirements of |
paragraph (1), but (i) is a resident of Illinois at the |
time of application to the Commission and (ii) at some |
point after leaving federal active duty service, was a |
resident of Illinois for at least 15 consecutive years. |
"Time of hostilities" means any action by the Armed Forces |
of the United States that is recognized by the issuance of a |
Presidential proclamation or a Presidential executive order |
and in which the Armed Forces expeditionary medal or other |
campaign service medals are awarded according to Presidential |
executive order. |
(b) A person who otherwise qualifies under subsection (a) |
of this Section but has not left federal active duty service |
and has served at least one year of federal active duty or has |
served for less than one year of federal active duty in a |
foreign country during a time of hostilities in that foreign |
country and who can provide documentation demonstrating an |
honorable service record is eligible to receive assistance |
under this Section. |
(c) A qualified applicant is not required to pay any |
tuition or mandatory fees while attending a State-controlled |
|
university or public community college in this State for a |
period that is equivalent to 4 years of full-time enrollment, |
including summer terms. |
A qualified applicant who has previously received benefits |
under this Section for a non-mandatory fee shall continue to |
receive benefits covering such fees while he or she is |
enrolled in a continuous program of study. The qualified |
applicant shall no longer receive a grant covering |
non-mandatory fees if he or she fails to enroll during an |
academic term, unless he or she is serving federal active duty |
service. |
(d) A qualified applicant who has been or is to be awarded |
assistance under this Section shall receive that assistance if |
the qualified applicant notifies his or her postsecondary |
institution of that fact by the end of the school term for |
which assistance is requested. |
(e) Assistance under this Section is considered an |
entitlement that the State-controlled college or public |
community college in which the qualified applicant is enrolled |
shall honor without any condition other than the qualified |
applicant's maintenance of minimum grade levels and a |
satisfactory student loan repayment record pursuant to |
subsection (c) of Section 20 of this Act. |
(f) The Commission shall administer the grant program |
established by this Section and shall make all necessary and |
proper rules not inconsistent with this Section for its |
|
effective implementation. |
(g) All applications for assistance under this Section |
must be made to the Commission on forms that the Commission |
shall provide. The Commission shall determine the form of |
application and the information required to be set forth in |
the application, and the Commission shall require qualified |
applicants to submit with their applications any supporting |
documents that the Commission deems necessary. Upon request, |
the Department of Veterans Veterans' Affairs shall assist the |
Commission in determining the eligibility of applicants for |
assistance under this Section. |
(h) Assistance under this Section is available as long as |
the federal government provides educational benefits to |
veterans. Assistance must not be paid under this Section after |
6 months following the termination of educational benefits to |
veterans by the federal government, except for persons who |
already have begun their education with assistance under this |
Section. If the federal government terminates educational |
benefits to veterans and at a later time resumes those |
benefits, assistance under this Section shall resume. |
(Source: P.A. 101-334, eff. 8-9-19; 102-800, eff. 5-13-22.) |
Section 240. The Veterans' Home Medical Providers' Loan |
Repayment Act is amended by changing Section 5 as follows: |
(110 ILCS 972/5) |
|
Sec. 5. Medical Providers Loan Repayment Program. There |
is created the Medical Providers Loan Repayment Program to be |
administered by the Illinois Student Assistance Commission in |
consultation with the Department of Veterans Veterans' |
Affairs. The program shall provide assistance, subject to |
appropriation, to eligible physicians and nurses. |
(Source: P.A. 99-813, eff. 8-15-16.) |
Section 245. The Nursing Home Care Act is amended by |
changing Sections 1-113, 2-201, 2-201.5, 2-213, 2-215, |
3-101.5, 3-202.6, 3-304.2, and 3-308.5 as follows: |
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) |
Sec. 1-113. "Facility" or "long-term care facility" means |
a private home, institution, building, residence, or any other |
place, whether operated for profit or not, or a county home for |
the infirm and chronically ill operated pursuant to Division |
5-21 or 5-22 of the Counties Code, or any similar institution |
operated by a political subdivision of the State of Illinois, |
which provides, through its ownership or management, personal |
care, sheltered care or nursing for 3 or more persons, not |
related to the applicant or owner by blood or marriage. It |
includes skilled nursing facilities and intermediate care |
facilities as those terms are defined in Title XVIII and Title |
XIX of the federal Social Security Act. It also includes |
homes, institutions, or other places operated by or under the |
|
authority of the Illinois Department of Veterans Veterans' |
Affairs. |
"Facility" does not include the following: |
(1) A home, institution, or other place operated by |
the federal government or agency thereof, or by the State |
of Illinois, other than homes, institutions, or other |
places operated by or under the authority of the Illinois |
Department of Veterans Veterans' Affairs; |
(2) A hospital, sanitarium, or other institution whose |
principal activity or business is the diagnosis, care, and |
treatment of human illness through the maintenance and |
operation as organized facilities therefor, which is |
required to be licensed under the Hospital Licensing Act; |
(3) Any "facility for child care" as defined in the |
Child Care Act of 1969; |
(4) Any "Community Living Facility" as defined in the |
Community Living Facilities Licensing Act; |
(5) Any "community residential alternative" as defined |
in the Community Residential Alternatives Licensing Act; |
(6) Any nursing home or sanatorium operated solely by |
and for persons who rely exclusively upon treatment by |
spiritual means through prayer, in accordance with the |
creed or tenets of any well-recognized church or religious |
denomination. However, such nursing home or sanatorium |
shall comply with all local laws and rules relating to |
sanitation and safety; |
|
(7) Any facility licensed by the Department of Human |
Services as a community-integrated living arrangement as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act; |
(8) Any "Supportive Residence" licensed under the |
Supportive Residences Licensing Act; |
(9) Any "supportive living facility" in good standing |
with the program established under Section 5-5.01a of the |
Illinois Public Aid Code, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(10) Any assisted living or shared housing |
establishment licensed under the Assisted Living and |
Shared Housing Act, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(11) An Alzheimer's disease management center |
alternative health care model licensed under the |
Alternative Health Care Delivery Act; |
(12) A facility licensed under the ID/DD Community |
Care Act; |
(13) A facility licensed under the Specialized Mental |
Health Rehabilitation Act of 2013; |
(14) A facility licensed under the MC/DD Act; or |
(15) A medical foster home, as defined in 38 CFR |
17.73, that is under the oversight of the United States |
Department of Veterans Affairs. |
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; |
|
99-376, eff. 1-1-16; 99-642, eff. 7-28-16.) |
(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201) |
Sec. 2-201. To protect the residents' funds, the facility: |
(1) Shall at the time of admission provide, in order of |
priority, each resident, or the resident's guardian, if any, |
or the resident's representative, if any, or the resident's |
immediate family member, if any, with a written statement |
explaining to the resident and to the resident's spouse (a) |
their spousal impoverishment rights, as defined at Section 5-4 |
of the Illinois Public Aid Code, and at Section 303 of Title |
III of the Medicare Catastrophic Coverage Act of 1988 (P.L. |
100-360), (b) their obligation to comply with the asset and |
income disclosure requirements of Title XIX of the federal |
Social Security Act and the regulations duly promulgated |
thereunder, except that this item (b) does not apply to |
facilities operated by the Illinois Department of Veterans |
Veterans' Affairs that do not participate in Medicaid, and (c) |
the resident's rights regarding personal funds and listing the |
services for which the resident will be charged. The facility |
shall obtain a signed acknowledgment from each resident or the |
resident's guardian, if any, or the resident's representative, |
if any, or the resident's immediate family member, if any, |
that such person has received the statement and understands |
that failure to comply with asset and income disclosure |
requirements may result in the denial of Medicaid eligibility. |
|
(2) May accept funds from a resident for safekeeping and |
managing, if it receives written authorization from, in order |
of priority, the resident or the resident's guardian, if any, |
or the resident's representative, if any, or the resident's |
immediate family member, if any; such authorization shall be |
attested to by a witness who has no pecuniary interest in the |
facility or its operations, and who is not connected in any way |
to facility personnel or the administrator in any manner |
whatsoever. |
(3) Shall maintain and allow, in order of priority, each |
resident or the resident's guardian, if any, or the resident's |
representative, if any, or the resident's immediate family |
member, if any, access to a written record of all financial |
arrangements and transactions involving the individual |
resident's funds. |
(4) Shall provide, in order of priority, each resident, or |
the resident's guardian, if any, or the resident's |
representative, if any, or the resident's immediate family |
member, if any, with a written itemized statement at least |
quarterly, of all financial transactions involving the |
resident's funds. |
(5) Shall purchase a surety bond, or otherwise provide |
assurance satisfactory to the Departments of Public Health and |
Insurance that all residents' personal funds deposited with |
the facility are secure against loss, theft, and insolvency. |
(6) Shall keep any funds received from a resident for |
|
safekeeping in an account separate from the facility's funds, |
and shall at no time withdraw any part or all of such funds for |
any purpose other than to return the funds to the resident upon |
the request of the resident or any other person entitled to |
make such request, to pay the resident his allowance, or to |
make any other payment authorized by the resident or any other |
person entitled to make such authorization. |
(7) Shall deposit any funds received from a resident in |
excess of $100 in an interest bearing account insured by |
agencies of, or corporations chartered by, the State or |
federal government. The account shall be in a form which |
clearly indicates that the facility has only a fiduciary |
interest in the funds and any interest from the account shall |
accrue to the resident. The facility may keep up to $100 of a |
resident's money in a non-interest bearing account or petty |
cash fund, to be readily available for the resident's current |
expenditures. |
(8) Shall return to the resident, or the person who |
executed the written authorization required in subsection (2) |
of this Section, upon written request, all or any part of the |
resident's funds given the facility for safekeeping, including |
the interest accrued from deposits. |
(9) Shall (a) place any monthly allowance to which a |
resident is entitled in that resident's personal account, or |
give it to the resident, unless the facility has written |
authorization from the resident or the resident's guardian or |
|
if the resident is a minor, his parent, to handle it |
differently, (b) take all steps necessary to ensure that a |
personal needs allowance that is placed in a resident's |
personal account is used exclusively by the resident or for |
the benefit of the resident, and (c) where such funds are |
withdrawn from the resident's personal account by any person |
other than the resident, require such person to whom funds |
constituting any part of a resident's personal needs allowance |
are released, to execute an affidavit that such funds shall be |
used exclusively for the benefit of the resident. |
(10) Unless otherwise provided by State law, upon the |
death of a resident, shall provide the executor or |
administrator of the resident's estate with a complete |
accounting of all the resident's personal property, including |
any funds of the resident being held by the facility. |
(11) If an adult resident is incapable of managing his |
funds and does not have a resident's representative, guardian, |
or an immediate family member, shall notify the Office of the |
State Guardian of the Guardianship and Advocacy Commission. |
(12) If the facility is sold, shall provide the buyer with |
a written verification by a public accountant of all |
residents' monies and properties being transferred, and obtain |
a signed receipt from the new owner. |
(Source: P.A. 98-523, eff. 8-23-13.) |
(210 ILCS 45/2-201.5) |
|
Sec. 2-201.5. Screening prior to admission. |
(a) All persons age 18 or older seeking admission to a |
nursing facility must be screened to determine the need for |
nursing facility services prior to being admitted, regardless |
of income, assets, or funding source. Screening for nursing |
facility services shall be administered through procedures |
established by administrative rule. Screening may be done by |
agencies other than the Department as established by |
administrative rule. This Section applies on and after July 1, |
1996. No later than October 1, 2010, the Department of |
Healthcare and Family Services, in collaboration with the |
Department on Aging, the Department of Human Services, and the |
Department of Public Health, shall file administrative rules |
providing for the gathering, during the screening process, of |
information relevant to determining each person's potential |
for placing other residents, employees, and visitors at risk |
of harm. |
(a-1) Any screening performed pursuant to subsection (a) |
of this Section shall include a determination of whether any |
person is being considered for admission to a nursing facility |
due to a need for mental health services. For a person who |
needs mental health services, the screening shall also include |
an evaluation of whether there is permanent supportive |
housing, or an array of community mental health services, |
including but not limited to supported housing, assertive |
community treatment, and peer support services, that would |
|
enable the person to live in the community. The person shall be |
told about the existence of any such services that would |
enable the person to live safely and humanely and about |
available appropriate nursing home services that would enable |
the person to live safely and humanely, and the person shall be |
given the assistance necessary to avail himself or herself of |
any available services. |
(a-2) Pre-screening for persons with a serious mental |
illness shall be performed by a psychiatrist, a psychologist, |
a registered nurse certified in psychiatric nursing, a |
licensed clinical professional counselor, or a licensed |
clinical social worker, who is competent to (i) perform a |
clinical assessment of the individual, (ii) certify a |
diagnosis, (iii) make a determination about the individual's |
current need for treatment, including substance abuse |
treatment, and recommend specific treatment, and (iv) |
determine whether a facility or a community-based program is |
able to meet the needs of the individual. |
For any person entering a nursing facility, the |
pre-screening agent shall make specific recommendations about |
what care and services the individual needs to receive, |
beginning at admission, to attain or maintain the individual's |
highest level of independent functioning and to live in the |
most integrated setting appropriate for his or her physical |
and personal care and developmental and mental health needs. |
These recommendations shall be revised as appropriate by the |
|
pre-screening or re-screening agent based on the results of |
resident review and in response to changes in the resident's |
wishes, needs, and interest in transition. |
Upon the person entering the nursing facility, the |
Department of Human Services or its designee shall assist the |
person in establishing a relationship with a community mental |
health agency or other appropriate agencies in order to (i) |
promote the person's transition to independent living and (ii) |
support the person's progress in meeting individual goals. |
(a-3) The Department of Human Services, by rule, shall |
provide for a prohibition on conflicts of interest for |
pre-admission screeners. The rule shall provide for waiver of |
those conflicts by the Department of Human Services if the |
Department of Human Services determines that a scarcity of |
qualified pre-admission screeners exists in a given community |
and that, absent a waiver of conflicts, an insufficient number |
of pre-admission screeners would be available. If a conflict |
is waived, the pre-admission screener shall disclose the |
conflict of interest to the screened individual in the manner |
provided for by rule of the Department of Human Services. For |
the purposes of this subsection, a "conflict of interest" |
includes, but is not limited to, the existence of a |
professional or financial relationship between (i) a PAS-MH |
corporate or a PAS-MH agent and (ii) a community provider or |
long-term care facility. |
(b) In addition to the screening required by subsection |
|
(a), a facility, except for those licensed under the MC/DD |
Act, shall, within 24 hours after admission, request a |
criminal history background check pursuant to the Illinois |
Uniform Conviction Information Act for all persons age 18 or |
older seeking admission to the facility, unless (i) a |
background check was initiated by a hospital pursuant to |
subsection (d) of Section 6.09 of the Hospital Licensing Act |
or a pre-admission background check was conducted by the |
Department of Veterans Veterans' Affairs 30 days prior to |
admittance into an Illinois Veterans Home; (ii) the |
transferring resident is immobile; or (iii) the transferring |
resident is moving into hospice. The exemption provided in |
item (ii) or (iii) of this subsection (b) shall apply only if a |
background check was completed by the facility the resident |
resided at prior to seeking admission to the facility and the |
resident was transferred to the facility with no time passing |
during which the resident was not institutionalized. If item |
(ii) or (iii) of this subsection (b) applies, the prior |
facility shall provide a copy of its background check of the |
resident and all supporting documentation, including, when |
applicable, the criminal history report and the security |
assessment, to the facility to which the resident is being |
transferred. Background checks conducted pursuant to this |
Section shall be based on the resident's name, date of birth, |
and other identifiers as required by the Illinois State |
Police. If the results of the background check are |
|
inconclusive, the facility shall initiate a fingerprint-based |
check, unless the fingerprint check is waived by the Director |
of Public Health based on verification by the facility that |
the resident is completely immobile or that the resident meets |
other criteria related to the resident's health or lack of |
potential risk which may be established by Departmental rule. |
A waiver issued pursuant to this Section shall be valid only |
while the resident is immobile or while the criteria |
supporting the waiver exist. The facility shall provide for or |
arrange for any required fingerprint-based checks to be taken |
on the premises of the facility. If a fingerprint-based check |
is required, the facility shall arrange for it to be conducted |
in a manner that is respectful of the resident's dignity and |
that minimizes any emotional or physical hardship to the |
resident. |
(c) If the results of a resident's criminal history |
background check reveal that the resident is an identified |
offender as defined in Section 1-114.01, the facility shall do |
the following: |
(1) Immediately notify the Illinois State Police, in |
the form and manner required by the Illinois State Police, |
in collaboration with the Department of Public Health, |
that the resident is an identified offender. |
(2) Within 72 hours, arrange for a fingerprint-based |
criminal history record inquiry to be requested on the |
identified offender resident. The inquiry shall be based |
|
on the subject's name, sex, race, date of birth, |
fingerprint images, and other identifiers required by the |
Illinois State Police. The inquiry shall be processed |
through the files of the Illinois State Police and the |
Federal Bureau of Investigation to locate any criminal |
history record information that may exist regarding the |
subject. The Federal Bureau of Investigation shall furnish |
to the Illinois State Police, pursuant to an inquiry under |
this paragraph (2), any criminal history record |
information contained in its files. |
The facility shall comply with all applicable provisions |
contained in the Illinois Uniform Conviction Information Act. |
All name-based and fingerprint-based criminal history |
record inquiries shall be submitted to the Illinois State |
Police electronically in the form and manner prescribed by the |
Illinois State Police. The Illinois State Police may charge |
the facility a fee for processing name-based and |
fingerprint-based criminal history record inquiries. The fee |
shall be deposited into the State Police Services Fund. The |
fee shall not exceed the actual cost of processing the |
inquiry. |
(d) (Blank). |
(e) The Department shall develop and maintain a |
de-identified database of residents who have injured facility |
staff, facility visitors, or other residents, and the |
attendant circumstances, solely for the purposes of evaluating |
|
and improving resident pre-screening and assessment procedures |
(including the Criminal History Report prepared under Section |
2-201.6) and the adequacy of Department requirements |
concerning the provision of care and services to residents. A |
resident shall not be listed in the database until a |
Department survey confirms the accuracy of the listing. The |
names of persons listed in the database and information that |
would allow them to be individually identified shall not be |
made public. Neither the Department nor any other agency of |
State government may use information in the database to take |
any action against any individual, licensee, or other entity, |
unless the Department or agency receives the information |
independent of this subsection (e). All information collected, |
maintained, or developed under the authority of this |
subsection (e) for the purposes of the database maintained |
under this subsection (e) shall be treated in the same manner |
as information that is subject to Part 21 of Article VIII of |
the Code of Civil Procedure. |
(Source: P.A. 102-538, eff. 8-20-21.) |
(210 ILCS 45/2-213) |
Sec. 2-213. Vaccinations. |
(a) A facility shall annually administer or arrange for |
administration of a vaccination against influenza to each |
resident, in accordance with the recommendations of the |
Advisory Committee on Immunization Practices of the Centers |
|
for Disease Control and Prevention that are most recent to the |
time of vaccination, unless the vaccination is medically |
contraindicated or the resident has refused the vaccine. |
Influenza vaccinations for all residents age 65 and over shall |
be completed by November 30 of each year or as soon as |
practicable if vaccine supplies are not available before |
November 1. Residents admitted after November 30, during the |
flu season, and until February 1 shall, as medically |
appropriate, receive an influenza vaccination prior to or upon |
admission or as soon as practicable if vaccine supplies are |
not available at the time of the admission, unless the vaccine |
is medically contraindicated or the resident has refused the |
vaccine. In the event that the Advisory Committee on |
Immunization Practices of the Centers for Disease Control and |
Prevention determines that dates of administration other than |
those stated in this Act are optimal to protect the health of |
residents, the Department is authorized to develop rules to |
mandate vaccinations at those times rather than the times |
stated in this Act. A facility shall document in the |
resident's medical record that an annual vaccination against |
influenza was administered, arranged, refused or medically |
contraindicated. |
(b) A facility shall administer or arrange for |
administration of a pneumococcal vaccination to each resident, |
in accordance with the recommendations of the Advisory |
Committee on Immunization Practices of the Centers for Disease |
|
Control and Prevention, who has not received this immunization |
prior to or upon admission to the facility, unless the |
resident refuses the offer for vaccination or the vaccination |
is medically contraindicated. A facility shall document in |
each resident's medical record that a vaccination against |
pneumococcal pneumonia was offered and administered, arranged, |
refused, or medically contraindicated. |
(c) All persons seeking admission to a nursing facility |
shall be verbally screened for risk factors associated with |
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus |
(HIV) according to guidelines established by the U.S. Centers |
for Disease Control and Prevention. Persons who are identified |
as being at high risk for hepatitis B, hepatitis C, or HIV |
shall be offered an opportunity to undergo laboratory testing |
in order to determine infection status if they will be |
admitted to the nursing facility for at least 7 days and are |
not known to be infected with any of the listed viruses. All |
HIV testing shall be conducted in compliance with the AIDS |
Confidentiality Act. All persons determined to be susceptible |
to the hepatitis B virus shall be offered immunization within |
10 days of admission to any nursing facility. A facility shall |
document in the resident's medical record that he or she was |
verbally screened for risk factors associated with hepatitis |
B, hepatitis C, and HIV, and whether or not the resident was |
immunized against hepatitis B. Nothing in this subsection (c) |
shall apply to a nursing facility licensed or regulated by the |
|
Illinois Department of Veterans Veterans' Affairs. |
(d) A skilled nursing facility shall designate a person or |
persons as Infection Prevention and Control Professionals to |
develop and implement policies governing control of infections |
and communicable diseases. The Infection Prevention and |
Control Professionals shall be qualified through education, |
training, experience, or certification or a combination of |
such qualifications. The Infection Prevention and Control |
Professional's qualifications shall be documented and shall be |
made available for inspection by the Department. |
(e) The Department shall provide facilities with |
educational information on all vaccines recommended by the |
Centers for Disease Control and Prevention's Advisory |
Committee on Immunization Practices, including, but not |
limited to, the risks associated with shingles and how to |
protect oneself against the varicella-zoster virus. A facility |
shall distribute the information to: (1) each resident who |
requests the information; and (2) each newly admitted |
resident. The facility may distribute the information to |
residents electronically. |
(Source: P.A. 100-1042, eff. 1-1-19.) |
(210 ILCS 45/2-215) |
Sec. 2-215. Conflicts with the Department of Veterans |
Veterans' Affairs Act. If there is a conflict between the |
provisions of this Act and the provisions of the Department of |
|
Veterans Veterans' Affairs Act concerning an Illinois Veterans |
Home not operated by the Department of Veterans Veterans' |
Affairs, then the provisions of this Act shall apply. |
(Source: P.A. 100-143, eff. 1-1-18.) |
(210 ILCS 45/3-101.5) |
Sec. 3-101.5. Illinois Veterans Homes. An Illinois |
Veterans Home licensed under this Act and operated by the |
Illinois Department of Veterans Veterans' Affairs is exempt |
from the license fee provisions of Section 3-103 of this Act |
and the provisions of Sections 3-104 through 3-106, 3-202.5, |
3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A |
monitor or receiver shall be placed in an Illinois Veterans |
Home only by court order or by agreement between the Director |
of Public Health, the Director of Veterans Veterans' Affairs, |
and the Secretary of the United States Department of Veterans |
Affairs. |
(Source: P.A. 99-314, eff. 8-7-15.) |
(210 ILCS 45/3-202.6) |
Sec. 3-202.6. Department of Veterans Veterans' Affairs |
facility plan review. |
(a) Before commencing construction of a new facility or |
specified types of alteration or additions to an existing |
long-term care facility involving major construction, as |
defined by rule by the Department, with an estimated cost |
|
greater than $100,000, architectural drawings and |
specifications for the facility shall be submitted to the |
Department for review. A facility may submit architectural |
drawings and specifications for other construction projects |
for Department review according to subsection (b) of this |
Section. Review of drawings and specifications shall be |
conducted by an employee of the Department meeting the |
qualifications established by the Department of Central |
Management Services class specifications for such an |
individual's position or by a person contracting with the |
Department who meets those class specifications. |
(b) The Department shall inform an applicant in writing |
within 15 working days after receiving drawings and |
specifications from the applicant whether the applicant's |
submission is complete or incomplete. Failure to provide the |
applicant with this notice within 15 working days after |
receiving drawings and specifications from the applicant shall |
result in the submission being deemed complete for purposes of |
initiating the 60-working-day review period under this |
Section. If the submission is incomplete, the Department shall |
inform the applicant of the deficiencies with the submission |
in writing. |
If the submission is complete, the Department shall |
approve or disapprove drawings and specifications submitted to |
the Department no later than 60 working days following receipt |
by the Department. The drawings and specifications shall be of |
|
sufficient detail, as provided by Department rule, to enable |
the Department to render a determination of compliance with |
design and construction standards under this Act. If the |
Department finds that the drawings are not of sufficient |
detail for it to render a determination of compliance, the |
plans shall be determined to be incomplete and shall not be |
considered for purposes of initiating the 60-working-day |
review period. If a submission of drawings and specifications |
is incomplete, the applicant may submit additional |
information. The 60-working-day review period shall not |
commence until the Department determines that a submission of |
drawings and specifications is complete or the submission is |
deemed complete. If the Department has not approved or |
disapproved the drawings and specifications within 60 working |
days after receipt by the Department, the construction, major |
alteration, or addition shall be deemed approved. If the |
drawings and specifications are disapproved, the Department |
shall state in writing, with specificity, the reasons for the |
disapproval. The entity submitting the drawings and |
specifications may submit additional information in response |
to the written comments from the Department or request a |
reconsideration of the disapproval. A final decision of |
approval or disapproval shall be made within 45 working days |
after the receipt of the additional information or |
reconsideration request. If denied, the Department shall state |
the specific reasons for the denial. |
|
(c) The Department shall provide written approval for |
occupancy pursuant to subsection (e) of this Section and shall |
not issue a violation to a facility as a result of a licensure |
or complaint survey based upon the facility's physical |
structure if: |
(1) the Department reviewed and approved or is deemed |
to have approved the drawings and specifications for |
compliance with design and construction standards; |
(2) the construction, major alteration, or addition |
was built as submitted; |
(3) the law or rules have not been amended since the |
original approval; and |
(4) the conditions at the facility indicate that there |
is a reasonable degree of safety provided for the |
residents. |
(d) The Department shall not charge a fee in connection |
with its reviews to the Department of Veterans Veterans' |
Affairs. |
(e) The Department shall conduct an on-site inspection of |
the completed project no later than 45 working days after |
notification from the applicant that the project has been |
completed and all certifications required by the Department |
have been received and accepted by the Department, except |
that, during a statewide public health emergency, as defined |
in the Illinois Emergency Management Agency Act, the |
Department shall conduct an on-site inspection of the |
|
completed project to the extent feasible. The Department may |
extend this deadline if a federally mandated survey time frame |
takes precedence. The Department shall provide written |
approval for occupancy to the applicant within 7 working days |
after the Department's final inspection, provided the |
applicant has demonstrated substantial compliance as defined |
by Department rule. Occupancy of new major construction is |
prohibited until Department approval is received, unless the |
Department has not acted within the time frames provided in |
this subsection (e), in which case the construction shall be |
deemed approved. Occupancy shall be authorized after any |
required health inspection by the Department has been |
conducted. |
(f) The Department shall establish, by rule, an expedited |
process for emergency repairs or replacement of like |
equipment. |
(g) Nothing in this Section shall be construed to apply to |
maintenance, upkeep, or renovation that does not affect the |
structural integrity or fire or life safety of the building, |
does not add beds or services over the number for which the |
long-term care facility is licensed, and provides a reasonable |
degree of safety for the residents. |
(h) If the number of licensed facilities increases or the |
number of beds for the currently licensed facilities |
increases, the Department has the right to reassess the |
mandated time frames listed in this Section. |
|
(Source: P.A. 103-1, eff. 4-27-23.) |
(210 ILCS 45/3-304.2) |
Sec. 3-304.2. Designation of distressed facilities. |
(a) (Blank). |
(b) (Blank). |
(b-5) The Department shall, by rule, adopt criteria to |
identify distressed facilities and shall publish a list of |
distressed facilities quarterly. The Department shall, by |
rule, create a timeframe and a procedure on how a facility can |
be removed from the list. No facility shall be identified as a |
distressed facility unless it has committed a violation or |
deficiency that has harmed a resident. |
(c) The Department shall, by rule, adopt criteria to |
identify non-Medicaid-certified facilities that are distressed |
and shall publish this list quarterly. The list may not |
contain more than 40 facilities per quarter. |
(d) The Department shall notify each facility of its |
distressed designation, and of the calculation on which it is |
based. A facility has the right to appeal a designation, and |
the procedure for appealing shall be outlined in rule. |
(e) A distressed facility may contract with an independent |
consultant meeting criteria established by the Department. If |
the distressed facility does not seek the assistance of an |
independent consultant, the Department shall place a monitor |
in the facility, depending on the Department's assessment of |
|
the condition of the facility. |
(f) A facility that has been designated a distressed |
facility may contract with an independent consultant to |
develop and assist in the implementation of a plan of |
improvement to bring and keep the facility in compliance with |
this Act and, if applicable, with federal certification |
requirements. A facility that contracts with an independent |
consultant shall have 90 days to develop a plan of improvement |
and demonstrate a good faith effort at implementation, and |
another 90 days to achieve compliance and take whatever |
additional actions are called for in the improvement plan to |
maintain compliance. A facility that the Department determines |
has a plan of improvement likely to bring and keep the facility |
in compliance and that has demonstrated good faith efforts at |
implementation within the first 90 days may be eligible to |
receive a grant under the Equity in Long-term Care Quality Act |
to assist it in achieving and maintaining compliance. In this |
subsection, "independent" consultant means an individual who |
has no professional or financial relationship with the |
facility, any person with a reportable ownership interest in |
the facility, or any related parties. In this subsection, |
"related parties" has the meaning attributed to it in the |
instructions for completing Medicaid cost reports. |
(f-5) A distressed facility that does not contract with a |
consultant shall be assigned a monitor at the Department's |
discretion. The monitor may apply to the Equity in Long-term |
|
Care Quality Fund on behalf of the facility for grant funds to |
implement the plan of improvement. |
(g) The Department shall, by rule, establish a mentor |
program for owners and operators of distressed facilities. The |
mentor program shall provide technical assistance and guidance |
to facilities. |
(h) The Department shall by rule establish sanctions (in |
addition to those authorized elsewhere in this Article) |
against distressed facilities that are not in compliance with |
this Act and (if applicable) with federal certification |
requirements. Criteria for imposing sanctions shall take into |
account a facility's actions to address the violations and |
deficiencies that caused its designation as a distressed |
facility, and its compliance with this Act and with federal |
certification requirements (if applicable), subsequent to its |
designation as a distressed facility, including mandatory |
revocations if criteria can be agreed upon by the Department, |
resident advocates, and representatives of the nursing home |
profession. By February 1, 2011, the Department shall report |
to the General Assembly on the results of negotiations about |
creating criteria for mandatory license revocations of |
distressed facilities and make recommendations about any |
statutory changes it believes are appropriate to protect the |
health, safety, and welfare of nursing home residents. |
(i) The Department may establish, by rule, criteria for |
restricting an owner of a facility from acquiring additional |
|
nursing facilities if the facility was placed on the |
distressed list while it was owned by that owner. The |
Department may not prohibit an owner who acquires ownership of |
a facility that is already on the distressed facility list |
before the owner's acquisition of the facility from acquiring |
additional skilled nursing facilities. |
(j) This Section does not apply to homes, institutions, or |
other places operated by or under the authority of the |
Illinois Department of Veterans Veterans' Affairs as these |
facilities are certified by the United States Department of |
Veterans Affairs and not the Centers for Medicare and Medicaid |
Services. |
(Source: P.A. 103-139, eff. 1-1-24.) |
(210 ILCS 45/3-308.5) |
Sec. 3-308.5. Facilities operated by Department of |
Veterans Veterans' Affairs; penalty offset. |
(a) In the case of a veterans home, institution, or other |
place operated by or under the authority of the Illinois |
Department of Veterans Veterans' Affairs, the amount of any |
penalty or fine shall be offset by the cost of the plan of |
correction, capital improvements, or physical plant repairs. |
For purposes of this Section only, "offset" means that the |
amount that the Illinois Department of Veterans Veterans' |
Affairs expends to pay for the cost of a plan of correction |
shall be deemed by the Illinois Department of Public Health to |
|
fully satisfy any monetary penalty or fine imposed by the |
Department of Public Health. Once a fine or monetary penalty |
is offset pursuant to this Section, in no case may the |
Department of Public Health, with respect to the offense for |
which the fine or penalty was levied, continue to purport to |
impose a fine or monetary penalty upon the Department of |
Veterans Veterans' Affairs for that violation. |
(b) The Director of Public Health shall issue a |
Declaration to the Director of Veterans Veterans' Affairs |
confirming the citation of each Type "A" violation and request |
that immediate action be taken to protect the health and |
safety of the veterans in the facility. |
(Source: P.A. 96-703, eff. 8-25-09.) |
Section 250. The MC/DD Act is amended by changing Section |
1-113 as follows: |
(210 ILCS 46/1-113) |
Sec. 1-113. Facility. "MC/DD facility" or "facility" |
means a medically complex for the developmentally disabled |
facility, whether operated for profit or not, which provides, |
through its ownership or management, personal care or nursing |
for 3 or more persons not related to the applicant or owner by |
blood or marriage. |
"Facility" does not include the following: |
(1) A home, institution, or other place operated by |
|
the federal government or agency thereof, or by the State |
of Illinois, other than homes, institutions, or other |
places operated by or under the authority of the Illinois |
Department of Veterans Veterans' Affairs; |
(2) A hospital, sanitarium, or other institution whose |
principal activity or business is the diagnosis, care, and |
treatment of human illness through the maintenance and |
operation as organized facilities therefore, which is |
required to be licensed under the Hospital Licensing Act; |
(3) Any "facility for child care" as defined in the |
Child Care Act of 1969; |
(4) Any "community living facility" as defined in the |
Community Living Facilities Licensing Act; |
(5) Any "community residential alternative" as defined |
in the Community Residential Alternatives Licensing Act; |
(6) Any nursing home or sanatorium operated solely by |
and for persons who rely exclusively upon treatment by |
spiritual means through prayer, in accordance with the |
creed or tenets of any well recognized church or religious |
denomination. However, such nursing home or sanatorium |
shall comply with all local laws and rules relating to |
sanitation and safety; |
(7) Any facility licensed by the Department of Human |
Services as a community-integrated living arrangement as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act; |
|
(8) Any facility licensed under the Nursing Home Care |
Act; |
(9) Any ID/DD facility under the ID/DD Community Care |
Act; |
(10) Any "supportive residence" licensed under the |
Supportive Residences Licensing Act; |
(11) Any "supportive living facility" in good standing |
with the program established under Section 5-5.01a of the |
Illinois Public Aid Code, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(12) Any assisted living or shared housing |
establishment licensed under the Assisted Living and |
Shared Housing Act, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(13) An Alzheimer's disease management center |
alternative health care model licensed under the |
Alternative Health Care Delivery Act; or |
(14) A home, institution, or other place operated by |
or under the authority of the Illinois Department of |
Veterans Veterans' Affairs. |
(Source: P.A. 99-180, eff. 7-29-15.) |
Section 255. The ID/DD Community Care Act is amended by |
changing Section 1-113 as follows: |
(210 ILCS 47/1-113) |
|
Sec. 1-113. Facility. "ID/DD facility" or "facility" |
means an intermediate care facility for persons with |
developmental disabilities, whether operated for profit or |
not, which provides, through its ownership or management, |
personal care or nursing for 3 or more persons not related to |
the applicant or owner by blood or marriage. It includes |
intermediate care facilities for the intellectually disabled |
as the term is defined in Title XVIII and Title XIX of the |
federal Social Security Act. |
"Facility" does not include the following: |
(1) A home, institution, or other place operated by |
the federal government or agency thereof, or by the State |
of Illinois, other than homes, institutions, or other |
places operated by or under the authority of the Illinois |
Department of Veterans Veterans' Affairs; |
(2) A hospital, sanitarium, or other institution whose |
principal activity or business is the diagnosis, care, and |
treatment of human illness through the maintenance and |
operation as organized facilities therefore, which is |
required to be licensed under the Hospital Licensing Act; |
(3) Any "facility for child care" as defined in the |
Child Care Act of 1969; |
(4) Any "community living facility" as defined in the |
Community Living Facilities Licensing Act; |
(5) Any "community residential alternative" as defined |
in the Community Residential Alternatives Licensing Act; |
|
(6) Any nursing home or sanatorium operated solely by |
and for persons who rely exclusively upon treatment by |
spiritual means through prayer, in accordance with the |
creed or tenets of any well recognized church or religious |
denomination. However, such nursing home or sanatorium |
shall comply with all local laws and rules relating to |
sanitation and safety; |
(7) Any facility licensed by the Department of Human |
Services as a community-integrated living arrangement as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act; |
(8) Any "supportive residence" licensed under the |
Supportive Residences Licensing Act; |
(9) Any "supportive living facility" in good standing |
with the program established under Section 5-5.01a of the |
Illinois Public Aid Code, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(10) Any assisted living or shared housing |
establishment licensed under the Assisted Living and |
Shared Housing Act, except only for purposes of the |
employment of persons in accordance with Section 3-206.01; |
(11) An Alzheimer's disease management center |
alternative health care model licensed under the |
Alternative Health Care Delivery Act; |
(12) A home, institution, or other place operated by |
or under the authority of the Illinois Department of |
|
Veterans Veterans' Affairs; or |
(13) Any MC/DD facility licensed under the MC/DD Act. |
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
99-642, eff. 7-28-16.) |
Section 260. The Specialized Mental Health Rehabilitation |
Act of 2013 is amended by changing Section 1-102 as follows: |
(210 ILCS 49/1-102) |
Sec. 1-102. Definitions. For the purposes of this Act, |
unless the context otherwise requires: |
"Abuse" means any physical or mental injury or sexual |
assault inflicted on a consumer other than by accidental means |
in a facility. |
"Accreditation" means any of the following: |
(1) the Joint Commission; |
(2) the Commission on Accreditation of Rehabilitation |
Facilities; |
(3) the Healthcare Facilities Accreditation Program; |
or |
(4) any other national standards of care as approved |
by the Department. |
"APRN" means an Advanced Practice Registered Nurse, |
nationally certified as a mental health or psychiatric nurse |
practitioner and licensed under the Nurse Practice Act. |
"Applicant" means any person making application for a |
|
license or a provisional license under this Act. |
"Consumer" means a person, 18 years of age or older, |
admitted to a mental health rehabilitation facility for |
evaluation, observation, diagnosis, treatment, stabilization, |
recovery, and rehabilitation. |
"Consumer" does not mean any of the following: |
(i) an individual requiring a locked setting; |
(ii) an individual requiring psychiatric |
hospitalization because of an acute psychiatric crisis; |
(iii) an individual under 18 years of age; |
(iv) an individual who is actively suicidal or violent |
toward others; |
(v) an individual who has been found unfit to stand |
trial and is currently subject to a court order requiring |
placement in secure inpatient care in the custody of the |
Department of Human Services pursuant to Section 104-17 of |
the Code of Criminal Procedure of 1963; |
(vi) an individual who has been found not guilty by |
reason of insanity and is currently subject to a court |
order requiring placement in secure inpatient care in the |
custody of the Department of Human Services pursuant to |
Section 5-2-4 of the Unified Code of Corrections; |
(vii) an individual subject to temporary detention and |
examination under Section 3-607 of the Mental Health and |
Developmental Disabilities Code; |
(viii) an individual deemed clinically appropriate for |
|
inpatient admission in a State psychiatric hospital; and |
(ix) an individual transferred by the Department of |
Corrections pursuant to Section 3-8-5 of the Unified Code |
of Corrections. |
"Consumer record" means a record that organizes all |
information on the care, treatment, and rehabilitation |
services rendered to a consumer in a specialized mental health |
rehabilitation facility. |
"Controlled drugs" means those drugs covered under the |
federal Comprehensive Drug Abuse Prevention Control Act of |
1970, as amended, or the Illinois Controlled Substances Act. |
"Department" means the Department of Public Health. |
"Discharge" means the full release of any consumer from a |
facility. |
"Drug administration" means the act in which a single dose |
of a prescribed drug or biological is given to a consumer. The |
complete act of administration entails removing an individual |
dose from a container, verifying the dose with the |
prescriber's orders, giving the individual dose to the |
consumer, and promptly recording the time and dose given. |
"Drug dispensing" means the act entailing the following of |
a prescription order for a drug or biological and proper |
selection, measuring, packaging, labeling, and issuance of the |
drug or biological to a consumer. |
"Emergency" means a situation, physical condition, or one |
or more practices, methods, or operations which present |
|
imminent danger of death or serious physical or mental harm to |
consumers of a facility. |
"Facility" means a specialized mental health |
rehabilitation facility that provides at least one of the |
following services: (1) triage center; (2) crisis |
stabilization; (3) recovery and rehabilitation supports; or |
(4) transitional living units for 3 or more persons. The |
facility shall provide a 24-hour program that provides |
intensive support and recovery services designed to assist |
persons, 18 years or older, with mental disorders to develop |
the skills to become self-sufficient and capable of increasing |
levels of independent functioning. It includes facilities that |
meet the following criteria: |
(1) 100% of the consumer population of the facility |
has a diagnosis of serious mental illness; |
(2) no more than 15% of the consumer population of the |
facility is 65 years of age or older; |
(3) none of the consumers are non-ambulatory; |
(4) none of the consumers have a primary diagnosis of |
moderate, severe, or profound intellectual disability; and |
(5) the facility must have been licensed under the |
Specialized Mental Health Rehabilitation Act or the |
Nursing Home Care Act immediately preceding July 22, 2013 |
(the effective date of this Act) and qualifies as an |
institute for mental disease under the federal definition |
of the term. |
|
"Facility" does not include the following: |
(1) a home, institution, or place operated by the |
federal government or agency thereof, or by the State of |
Illinois; |
(2) a hospital, sanitarium, or other institution whose |
principal activity or business is the diagnosis, care, and |
treatment of human illness through the maintenance and |
operation as organized facilities therefor which is |
required to be licensed under the Hospital Licensing Act; |
(3) a facility for child care as defined in the Child |
Care Act of 1969; |
(4) a community living facility as defined in the |
Community Living Facilities Licensing Act; |
(5) a nursing home or sanitarium operated solely by |
and for persons who rely exclusively upon treatment by |
spiritual means through prayer, in accordance with the |
creed or tenets of any well-recognized church or religious |
denomination; however, such nursing home or sanitarium |
shall comply with all local laws and rules relating to |
sanitation and safety; |
(6) a facility licensed by the Department of Human |
Services as a community-integrated living arrangement as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act; |
(7) a supportive residence licensed under the |
Supportive Residences Licensing Act; |
|
(8) a supportive living facility in good standing with |
the program established under Section 5-5.01a of the |
Illinois Public Aid Code, except only for purposes of the |
employment of persons in accordance with Section 3-206.01 |
of the Nursing Home Care Act; |
(9) an assisted living or shared housing establishment |
licensed under the Assisted Living and Shared Housing Act, |
except only for purposes of the employment of persons in |
accordance with Section 3-206.01 of the Nursing Home Care |
Act; |
(10) an Alzheimer's disease management center |
alternative health care model licensed under the |
Alternative Health Care Delivery Act; |
(11) a home, institution, or other place operated by |
or under the authority of the Illinois Department of |
Veterans Veterans' Affairs; |
(12) a facility licensed under the ID/DD Community |
Care Act; |
(13) a facility licensed under the Nursing Home Care |
Act after July 22, 2013 (the effective date of this Act); |
or |
(14) a facility licensed under the MC/DD Act. |
"Executive director" means a person who is charged with |
the general administration and supervision of a facility |
licensed under this Act and who is a licensed nursing home |
administrator, licensed practitioner of the healing arts, or |
|
qualified mental health professional. |
"Guardian" means a person appointed as a guardian of the |
person or guardian of the estate, or both, of a consumer under |
the Probate Act of 1975. |
"Identified offender" means a person who meets any of the |
following criteria: |
(1) Has been convicted of, found guilty of, |
adjudicated delinquent for, found not guilty by reason of |
insanity for, or found unfit to stand trial for, any |
felony offense listed in Section 25 of the Health Care |
Worker Background Check Act, except for the following: |
(i) a felony offense described in Section 10-5 of |
the Nurse Practice Act; |
(ii) a felony offense described in Section 4, 5, |
6, 8, or 17.02 of the Illinois Credit Card and Debit |
Card Act; |
(iii) a felony offense described in Section 5, |
5.1, 5.2, 7, or 9 of the Cannabis Control Act; |
(iv) a felony offense described in Section 401, |
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois |
Controlled Substances Act; and |
(v) a felony offense described in the |
Methamphetamine Control and Community Protection Act. |
(2) Has been convicted of, adjudicated delinquent for, |
found not guilty by reason of insanity for, or found unfit |
to stand trial for any sex offense as defined in |
|
subsection (c) of Section 10 of the Sex Offender |
Management Board Act. |
"Transitional living units" are residential units within a |
facility that have the purpose of assisting the consumer in |
developing and reinforcing the necessary skills to live |
independently outside of the facility. The duration of stay in |
such a setting shall not exceed 120 days for each consumer. |
Nothing in this definition shall be construed to be a |
prerequisite for transitioning out of a facility. |
"Licensee" means the person, persons, firm, partnership, |
association, organization, company, corporation, or business |
trust to which a license has been issued. |
"Misappropriation of a consumer's property" means the |
deliberate misplacement, exploitation, or wrongful temporary |
or permanent use of a consumer's belongings or money without |
the consent of a consumer or his or her guardian. |
"Neglect" means a facility's failure to provide, or |
willful withholding of, adequate medical care, mental health |
treatment, psychiatric rehabilitation, personal care, or |
assistance that is necessary to avoid physical harm and mental |
anguish of a consumer. |
"Personal care" means assistance with meals, dressing, |
movement, bathing, or other personal needs, maintenance, or |
general supervision and oversight of the physical and mental |
well-being of an individual who is incapable of maintaining a |
private, independent residence or who is incapable of managing |
|
his or her person, whether or not a guardian has been appointed |
for such individual. "Personal care" shall not be construed to |
confine or otherwise constrain a facility's pursuit to develop |
the skills and abilities of a consumer to become |
self-sufficient and capable of increasing levels of |
independent functioning. |
"Recovery and rehabilitation supports" means a program |
that facilitates a consumer's longer-term symptom management |
and stabilization while preparing the consumer for |
transitional living units by improving living skills and |
community socialization. The duration of stay in such a |
setting shall be established by the Department by rule. |
"Restraint" means: |
(i) a physical restraint that is any manual method or |
physical or mechanical device, material, or equipment |
attached or adjacent to a consumer's body that the |
consumer cannot remove easily and restricts freedom of |
movement or normal access to one's body; devices used for |
positioning, including, but not limited to, bed rails, |
gait belts, and cushions, shall not be considered to be |
restraints for purposes of this Section; or |
(ii) a chemical restraint that is any drug used for |
discipline or convenience and not required to treat |
medical symptoms; the Department shall, by rule, designate |
certain devices as restraints, including at least all |
those devices that have been determined to be restraints |
|
by the United States Department of Health and Human |
Services in interpretive guidelines issued for the |
purposes of administering Titles XVIII and XIX of the |
federal Social Security Act. For the purposes of this Act, |
restraint shall be administered only after utilizing a |
coercive free environment and culture. |
"Self-administration of medication" means consumers shall |
be responsible for the control, management, and use of their |
own medication. |
"Crisis stabilization" means a secure and separate unit |
that provides short-term behavioral, emotional, or psychiatric |
crisis stabilization as an alternative to hospitalization or |
re-hospitalization for consumers from residential or community |
placement. The duration of stay in such a setting shall not |
exceed 21 days for each consumer. |
"Therapeutic separation" means the removal of a consumer |
from the milieu to a room or area which is designed to aid in |
the emotional or psychiatric stabilization of that consumer. |
"Triage center" means a non-residential 23-hour center |
that serves as an alternative to emergency room care, |
hospitalization, or re-hospitalization for consumers in need |
of short-term crisis stabilization. Consumers may access a |
triage center from a number of referral sources, including |
family, emergency rooms, hospitals, community behavioral |
health providers, federally qualified health providers, or |
schools, including colleges or universities. A triage center |
|
may be located in a building separate from the licensed |
location of a facility, but shall not be more than 1,000 feet |
from the licensed location of the facility and must meet all of |
the facility standards applicable to the licensed location. If |
the triage center does operate in a separate building, safety |
personnel shall be provided, on site, 24 hours per day and the |
triage center shall meet all other staffing requirements |
without counting any staff employed in the main facility |
building. |
(Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.) |
Section 275. The Health Care Violence Prevention Act is |
amended by changing Section 5 as follows: |
(210 ILCS 160/5) |
Sec. 5. Definitions. As used in this Act: |
"Committed person" means a person who is in the custody of |
or under the control of a custodial agency, including, but not |
limited to, a person who is incarcerated, under arrest, |
detained, or otherwise under the physical control of a |
custodial agency. |
"Custodial agency" means the Illinois Department of |
Corrections, the Illinois State Police, the sheriff of a |
county, a county jail, a correctional institution, or any |
other State agency, municipality, or unit of local government |
that employs personnel designated as police, peace officers, |
|
wardens, corrections officers, or guards or that employs |
personnel vested by law with the power to place or maintain a |
person in custody. |
"Health care provider" means a retail health care |
facility, a hospital subject to the Hospital Licensing Act or |
the University of Illinois Hospital Act, or a veterans home as |
defined in the Department of Veterans Veterans' Affairs Act. |
"Health care worker" means nursing assistants and other |
support personnel, any individual licensed under the laws of |
this State to provide health services, including but not |
limited to: dentists licensed under the Illinois Dental |
Practice Act; dental hygienists licensed under the Illinois |
Dental Practice Act; nurses and advanced practice registered |
nurses licensed under the Nurse Practice Act; occupational |
therapists licensed under the Illinois Occupational Therapy |
Practice Act; optometrists licensed under the Illinois |
Optometric Practice Act of 1987; pharmacists licensed under |
the Pharmacy Practice Act; physical therapists licensed under |
the Illinois Physical Therapy Act; physicians licensed under |
the Medical Practice Act of 1987; physician assistants |
licensed under the Physician Assistant Practice Act of 1987; |
podiatric physicians licensed under the Podiatric Medical |
Practice Act of 1987; clinical psychologists licensed under |
the Clinical Psychologist Licensing Act; clinical social |
workers licensed under the Clinical Social Work and Social |
Work Practice Act; speech-language pathologists and |
|
audiologists licensed under the Illinois Speech-Language |
Pathology and Audiology Practice Act; or hearing instrument |
dispensers licensed under the Hearing Instrument Consumer |
Protection Act, or any of their successor Acts. |
"Nurse" means a person who is licensed to practice nursing |
under the Nurse Practice Act. |
"Retail health care facility" means an institution, place, |
or building, or any portion thereof, that: |
(1) is devoted to the maintenance and operation of a |
facility for the performance of health care services and |
is located within a retail store at a specific location; |
(2) does not provide surgical services or any form of |
general anesthesia; |
(3) does not provide beds or other accommodations for |
either the long-term or overnight stay of patients; and |
(4) discharges individual patients in an ambulatory |
condition without danger to the continued well-being of |
the patients and transfers non-ambulatory patients to |
hospitals. |
"Retail health care facility" does not include hospitals, |
long-term care facilities, ambulatory treatment centers, blood |
banks, clinical laboratories, offices of physicians, advanced |
practice registered nurses, podiatrists, and physician |
assistants, and pharmacies that provide limited health care |
services. |
(Source: P.A. 100-1051, eff. 1-1-19.) |
|
Section 280. The Essential Support Person Act is amended |
by changing Section 5 as follows: |
(210 ILCS 175/5) |
Sec. 5. Definitions. In this Act: |
"Department" means the Department of Public Health. |
"Essential support" means support that includes, but is |
not limited to: |
(1) assistance with activities of daily living; and |
(2) physical, emotional, psychological, and |
socialization support for the resident. |
"Facility" means any of the following: a facility as |
defined in Section 10 of the Alzheimer's Disease and Related |
Dementias Special Care Disclosure Act; an assisted living |
establishment or shared housing establishment as defined in |
Section 10 of the Assisted Living and Shared Housing Act; a |
Community Living Facility as defined in Section 3 of the |
Community Living Facilities Licensing Act; a facility as |
defined in Section 2 of the Life Care Facilities Act; a |
continuum of care facility as defined in Section 10 of the |
Continuum of Care Services for the Developmentally Disabled |
Act; a facility as defined in Section 1-113 of the Nursing Home |
Care Act; a MC/DD facility as defined in Section 1-113 of the |
MC/DD Act; an ID/DD facility as defined in Section 1-113 of the |
ID/DD Community Care Act; a hospice program as defined in |
|
Section 3 of the Hospice Program Licensing Act; a Supportive |
Residence as defined in Section 10 of the Supportive |
Residences Licensing Act; a facility as defined in Section |
1-102 of the Specialized Mental Health Rehabilitation Act of |
2013; a home, institution, or other place operated by or under |
the authority of the Department of Veterans Veterans' Affairs; |
an Alzheimer's disease management center alternative health |
care model under the Alternative Health Care Delivery Act; and |
a home, institution, or other place that is a State-operated |
mental health or developmental disability center or facility. |
"Facility" does not include a hospital as defined in the |
Hospital Licensing Act or any hospital authorized under the |
University of Illinois Hospital Act. "Facility" does not |
include any facility that the Department of Public Health or |
the Department of Veterans Veterans' Affairs does not |
regulate. |
"Office" means the Office of State Long Term Care |
Ombudsman. |
"Person-centered care plan" means a care plan for a |
resident developed by the resident or resident's |
representative in consultation with health professionals that |
focuses on the resident's physical, emotional, psychological, |
and socialization needs and describes the resident's right to |
designate a primary essential support person or secondary |
essential support person. |
"Primary essential support person" means a person |
|
designated by a resident, or the resident's representative, |
who has access to the resident in accordance with rules set by |
the Department to provide essential support according to the |
resident's person-centered care plan. |
"Resident" means a person who is living in a facility or is |
seeking admission to a facility. "Resident" includes a |
guardian of the person or an agent for the person under a power |
of attorney. |
"Secondary essential support person" means a person |
designated by the resident, or the resident's representative, |
to serve as a backup to a primary essential support person. |
(Source: P.A. 103-261, eff. 6-30-23.) |
Section 285. The Illinois Insurance Code is amended by |
changing Section 356z.12 as follows: |
(215 ILCS 5/356z.12) |
Sec. 356z.12. Dependent coverage. |
(a) A group or individual policy of accident and health |
insurance or managed care plan that provides coverage for |
dependents and that is amended, delivered, issued, or renewed |
after the effective date of this amendatory Act of the 95th |
General Assembly shall not terminate coverage or deny the |
election of coverage for an unmarried dependent by reason of |
the dependent's age before the dependent's 26th birthday. |
(b) A policy or plan subject to this Section shall, upon |
|
amendment, delivery, issuance, or renewal, establish an |
initial enrollment period of not less than 90 days during |
which an insured may make a written election for coverage of an |
unmarried person as a dependent under this Section. After the |
initial enrollment period, enrollment by a dependent pursuant |
to this Section shall be consistent with the enrollment terms |
of the plan or policy. |
(c) A policy or plan subject to this Section shall allow |
for dependent coverage during the annual open enrollment date |
or the annual renewal date if the dependent, as of the date on |
which the insured elects dependent coverage under this |
subsection, has: |
(1) a period of continuous creditable coverage of 90 |
days or more; and |
(2) not been without creditable coverage for more than |
63 days. |
An insured may elect coverage for a dependent who does not meet |
the continuous creditable coverage requirements of this |
subsection (c) and that dependent shall not be denied coverage |
due to age. |
For purposes of this subsection (c), "creditable coverage" |
shall have the meaning provided under subsection (C)(1) of |
Section 20 of the Illinois Health Insurance Portability and |
Accountability Act. |
(d) Military personnel. A group or individual policy of |
accident and health insurance or managed care plan that |
|
provides coverage for dependents and that is amended, |
delivered, issued, or renewed after the effective date of this |
amendatory Act of the 95th General Assembly shall not |
terminate coverage or deny the election of coverage for an |
unmarried dependent by reason of the dependent's age before |
the dependent's 30th birthday if the dependent (i) is an |
Illinois resident, (ii) served as a member of the active or |
reserve components of any of the branches of the Armed Forces |
of the United States, and (iii) has received a release or |
discharge other than a dishonorable discharge. To be eligible |
for coverage under this subsection (d), the eligible dependent |
shall submit to the insurer a form approved by the Illinois |
Department of Veterans Veterans' Affairs stating the date on |
which the dependent was released from service. |
(e) Calculation of the cost of coverage provided to an |
unmarried dependent under this Section shall be identical. |
(f) Nothing in this Section shall prohibit an employer |
from requiring an employee to pay all or part of the cost of |
coverage provided under this Section. |
(g) No exclusions or limitations may be applied to |
coverage elected pursuant to this Section that do not apply to |
all dependents covered under the policy. |
(h) A policy or plan subject to this Section shall not |
condition eligibility for dependent coverage provided pursuant |
to this Section on enrollment in any educational institution. |
(i) Notice regarding coverage for a dependent as provided |
|
pursuant to this Section shall be provided to an insured by the |
insurer: |
(1) upon application or enrollment; |
(2) in the certificate of coverage or equivalent |
document prepared for an insured and delivered on or about |
the date on which the coverage commences; and |
(3) (blank). |
(Source: P.A. 98-226, eff. 1-1-14.) |
Section 295. The Liquor Control Act of 1934 is amended by |
changing Section 6-15 as follows: |
(235 ILCS 5/6-15) (from Ch. 43, par. 130) |
Sec. 6-15. No alcoholic liquors shall be sold or delivered |
in any building belonging to or under the control of the State |
or any political subdivision thereof except as provided in |
this Act. The corporate authorities of any city, village, |
incorporated town, township, or county may provide by |
ordinance, however, that alcoholic liquor may be sold or |
delivered in any specifically designated building belonging to |
or under the control of the municipality, township, or county, |
or in any building located on land under the control of the |
municipality, township, or county; provided that such township |
or county complies with all applicable local ordinances in any |
incorporated area of the township or county. Alcoholic liquor |
may be delivered to and sold under the authority of a special |
|
use permit on any property owned by a conservation district |
organized under the Conservation District Act, provided that |
(i) the alcoholic liquor is sold only at an event authorized by |
the governing board of the conservation district, (ii) the |
issuance of the special use permit is authorized by the local |
liquor control commissioner of the territory in which the |
property is located, and (iii) the special use permit |
authorizes the sale of alcoholic liquor for one day or less. |
Alcoholic liquors may be delivered to and sold at any airport |
belonging to or under the control of a municipality of more |
than 25,000 inhabitants, or in any building or on any golf |
course owned by a park district organized under the Park |
District Code, subject to the approval of the governing board |
of the district, or in any building or on any golf course owned |
by a forest preserve district organized under the Downstate |
Forest Preserve District Act, subject to the approval of the |
governing board of the district, or on the grounds within 500 |
feet of any building owned by a forest preserve district |
organized under the Downstate Forest Preserve District Act |
during times when food is dispensed for consumption within 500 |
feet of the building from which the food is dispensed, subject |
to the approval of the governing board of the district, or in a |
building owned by a Local Mass Transit District organized |
under the Local Mass Transit District Act, subject to the |
approval of the governing Board of the District, or in |
Bicentennial Park, or on the premises of the City of Mendota |
|
Lake Park located adjacent to Route 51 in Mendota, Illinois, |
or on the premises of Camden Park in Milan, Illinois, or in the |
community center owned by the City of Loves Park that is |
located at 1000 River Park Drive in Loves Park, Illinois, or, |
in connection with the operation of an established food |
serving facility during times when food is dispensed for |
consumption on the premises, and at the following aquarium and |
museums located in public parks: Art Institute of Chicago, |
Chicago Academy of Sciences, Chicago Historical Society, Field |
Museum of Natural History, Museum of Science and Industry, |
DuSable Museum of African American History, John G. Shedd |
Aquarium and Adler Planetarium, or at Lakeview Museum of Arts |
and Sciences in Peoria, or in connection with the operation of |
the facilities of the Chicago Zoological Society or the |
Chicago Horticultural Society on land owned by the Forest |
Preserve District of Cook County, or on any land used for a |
golf course or for recreational purposes owned by the Forest |
Preserve District of Cook County, subject to the control of |
the Forest Preserve District Board of Commissioners and |
applicable local law, provided that dram shop liability |
insurance is provided at maximum coverage limits so as to hold |
the District harmless from all financial loss, damage, and |
harm, or in any building located on land owned by the Chicago |
Park District if approved by the Park District Commissioners, |
or on any land used for a golf course or for recreational |
purposes and owned by the Illinois International Port District |
|
if approved by the District's governing board, or at any |
airport, golf course, faculty center, or facility in which |
conference and convention type activities take place belonging |
to or under control of any State university or public |
community college district, provided that with respect to a |
facility for conference and convention type activities |
alcoholic liquors shall be limited to the use of the |
convention or conference participants or participants in |
cultural, political or educational activities held in such |
facilities, and provided further that the faculty or staff of |
the State university or a public community college district, |
or members of an organization of students, alumni, faculty or |
staff of the State university or a public community college |
district are active participants in the conference or |
convention, or in Memorial Stadium on the campus of the |
University of Illinois at Urbana-Champaign during games in |
which the Chicago Bears professional football team is playing |
in that stadium during the renovation of Soldier Field, not |
more than one and a half hours before the start of the game and |
not after the end of the third quarter of the game, or in the |
Pavilion Facility on the campus of the University of Illinois |
at Chicago during games in which the Chicago Storm |
professional soccer team is playing in that facility, not more |
than one and a half hours before the start of the game and not |
after the end of the third quarter of the game, or in the |
Pavilion Facility on the campus of the University of Illinois |
|
at Chicago during games in which the WNBA professional women's |
basketball team is playing in that facility, not more than one |
and a half hours before the start of the game and not after the |
10-minute mark of the second half of the game, or by a catering |
establishment which has rented facilities from a board of |
trustees of a public community college district, or in a |
restaurant that is operated by a commercial tenant in the |
North Campus Parking Deck building that (1) is located at 1201 |
West University Avenue, Urbana, Illinois and (2) is owned by |
the Board of Trustees of the University of Illinois, or, if |
approved by the District board, on land owned by the |
Metropolitan Sanitary District of Greater Chicago and leased |
to others for a term of at least 20 years. Nothing in this |
Section precludes the sale or delivery of alcoholic liquor in |
the form of original packaged goods in premises located at 500 |
S. Racine in Chicago belonging to the University of Illinois |
and used primarily as a grocery store by a commercial tenant |
during the term of a lease that predates the University's |
acquisition of the premises; but the University shall have no |
power or authority to renew, transfer, or extend the lease |
with terms allowing the sale of alcoholic liquor; and the sale |
of alcoholic liquor shall be subject to all local laws and |
regulations. After the acquisition by Winnebago County of the |
property located at 404 Elm Street in Rockford, a commercial |
tenant who sold alcoholic liquor at retail on a portion of the |
property under a valid license at the time of the acquisition |
|
may continue to do so for so long as the tenant and the County |
may agree under existing or future leases, subject to all |
local laws and regulations regarding the sale of alcoholic |
liquor. Alcoholic liquors may be delivered to and sold at |
Memorial Hall, located at 211 North Main Street, Rockford, |
under conditions approved by Winnebago County and subject to |
all local laws and regulations regarding the sale of alcoholic |
liquor. Each facility shall provide dram shop liability in |
maximum insurance coverage limits so as to save harmless the |
State, municipality, State university, airport, golf course, |
faculty center, facility in which conference and convention |
type activities take place, park district, Forest Preserve |
District, public community college district, aquarium, museum, |
or sanitary district from all financial loss, damage or harm. |
Alcoholic liquors may be sold at retail in buildings of golf |
courses owned by municipalities or Illinois State University |
in connection with the operation of an established food |
serving facility during times when food is dispensed for |
consumption upon the premises. Alcoholic liquors may be |
delivered to and sold at retail in any building owned by a fire |
protection district organized under the Fire Protection |
District Act, provided that such delivery and sale is approved |
by the board of trustees of the district, and provided further |
that such delivery and sale is limited to fundraising events |
and to a maximum of 6 events per year. However, the limitation |
to fundraising events and to a maximum of 6 events per year |
|
does not apply to the delivery, sale, or manufacture of |
alcoholic liquors at the building located at 59 Main Street in |
Oswego, Illinois, owned by the Oswego Fire Protection District |
if the alcoholic liquor is sold or dispensed as approved by the |
Oswego Fire Protection District and the property is no longer |
being utilized for fire protection purposes. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of the University of |
Illinois for events that the Board may determine are public |
events and not related student activities. The Board of |
Trustees shall issue a written policy within 6 months of |
August 15, 2008 (the effective date of Public Act 95-847) |
concerning the types of events that would be eligible for an |
exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, |
the Board of Trustees shall, among other factors it considers |
relevant and important, give consideration to the following: |
(i) whether the event is a student activity or student-related |
student related activity; (ii) whether the physical setting of |
the event is conducive to control of liquor sales and |
distribution; (iii) the ability of the event operator to |
ensure that the sale or serving of alcoholic liquors and the |
demeanor of the participants are in accordance with State law |
and University policies; (iv) regarding the anticipated |
attendees at the event, the relative proportion of individuals |
|
under the age of 21 to individuals age 21 or older; (v) the |
ability of the venue operator to prevent the sale or |
distribution of alcoholic liquors to individuals under the age |
of 21; (vi) whether the event prohibits participants from |
removing alcoholic beverages from the venue; and (vii) whether |
the event prohibits participants from providing their own |
alcoholic liquors to the venue. In addition, any policy |
submitted by the Board of Trustees to the Illinois Liquor |
Control Commission must require that any event at which |
alcoholic liquors are served or sold in buildings under the |
control of the Board of Trustees shall require the prior |
written approval of the Office of the Chancellor for the |
University campus where the event is located. The Board of |
Trustees shall submit its policy, and any subsequently |
revised, updated, new, or amended policies, to the Illinois |
Liquor Control Commission, and any University event, or |
location for an event, exempted under such policies shall |
apply for a license under the applicable Sections of this Act. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of Northern Illinois |
University for events that the Board may determine are public |
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after |
June 28, 2011 (the effective date of Public Act 97-45) |
concerning the types of events that would be eligible for an |
exemption. Thereafter, the Board of Trustees may issue |
|
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, |
the Board of Trustees shall, in addition to other factors it |
considers relevant and important, give consideration to the |
following: (i) whether the event is a student activity or |
student-related activity; (ii) whether the physical setting of |
the event is conducive to control of liquor sales and |
distribution; (iii) the ability of the event operator to |
ensure that the sale or serving of alcoholic liquors and the |
demeanor of the participants are in accordance with State law |
and University policies; (iv) the anticipated attendees at the |
event and the relative proportion of individuals under the age |
of 21 to individuals age 21 or older; (v) the ability of the |
venue operator to prevent the sale or distribution of |
alcoholic liquors to individuals under the age of 21; (vi) |
whether the event prohibits participants from removing |
alcoholic beverages from the venue; and (vii) whether the |
event prohibits participants from providing their own |
alcoholic liquors to the venue. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of Chicago State |
University for events that the Board may determine are public |
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after |
August 2, 2013 (the effective date of Public Act 98-132) |
concerning the types of events that would be eligible for an |
|
exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, |
the Board of Trustees shall, in addition to other factors it |
considers relevant and important, give consideration to the |
following: (i) whether the event is a student activity or |
student-related activity; (ii) whether the physical setting of |
the event is conducive to control of liquor sales and |
distribution; (iii) the ability of the event operator to |
ensure that the sale or serving of alcoholic liquors and the |
demeanor of the participants are in accordance with State law |
and University policies; (iv) the anticipated attendees at the |
event and the relative proportion of individuals under the age |
of 21 to individuals age 21 or older; (v) the ability of the |
venue operator to prevent the sale or distribution of |
alcoholic liquors to individuals under the age of 21; (vi) |
whether the event prohibits participants from removing |
alcoholic beverages from the venue; and (vii) whether the |
event prohibits participants from providing their own |
alcoholic liquors to the venue. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of Illinois State |
University for events that the Board may determine are public |
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after |
March 1, 2013 (the effective date of Public Act 97-1166) |
|
concerning the types of events that would be eligible for an |
exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, |
the Board of Trustees shall, in addition to other factors it |
considers relevant and important, give consideration to the |
following: (i) whether the event is a student activity or |
student-related activity; (ii) whether the physical setting of |
the event is conducive to control of liquor sales and |
distribution; (iii) the ability of the event operator to |
ensure that the sale or serving of alcoholic liquors and the |
demeanor of the participants are in accordance with State law |
and University policies; (iv) the anticipated attendees at the |
event and the relative proportion of individuals under the age |
of 21 to individuals age 21 or older; (v) the ability of the |
venue operator to prevent the sale or distribution of |
alcoholic liquors to individuals under the age of 21; (vi) |
whether the event prohibits participants from removing |
alcoholic beverages from the venue; and (vii) whether the |
event prohibits participants from providing their own |
alcoholic liquors to the venue. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of Southern Illinois |
University for events that the Board may determine are public |
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after |
|
August 12, 2016 (the effective date of Public Act 99-795) |
concerning the types of events that would be eligible for an |
exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, |
the Board of Trustees shall, in addition to other factors it |
considers relevant and important, give consideration to the |
following: (i) whether the event is a student activity or |
student-related activity; (ii) whether the physical setting of |
the event is conducive to control of liquor sales and |
distribution; (iii) the ability of the event operator to |
ensure that the sale or serving of alcoholic liquors and the |
demeanor of the participants are in accordance with State law |
and University policies; (iv) the anticipated attendees at the |
event and the relative proportion of individuals under the age |
of 21 to individuals age 21 or older; (v) the ability of the |
venue operator to prevent the sale or distribution of |
alcoholic liquors to individuals under the age of 21; (vi) |
whether the event prohibits participants from removing |
alcoholic beverages from the venue; and (vii) whether the |
event prohibits participants from providing their own |
alcoholic liquors to the venue. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of a public university for |
events that the Board of Trustees of that public university |
may determine are public events and not student-related |
|
activities. If the Board of Trustees of a public university |
has not issued a written policy pursuant to an exemption under |
this Section on or before July 15, 2016 (the effective date of |
Public Act 99-550), then that Board of Trustees shall issue a |
written policy within 6 months after July 15, 2016 (the |
effective date of Public Act 99-550) concerning the types of |
events that would be eligible for an exemption. Thereafter, |
the Board of Trustees may issue revised, updated, new, or |
amended policies as it deems necessary and appropriate. In |
preparing its written policy, the Board of Trustees shall, in |
addition to other factors it considers relevant and important, |
give consideration to the following: (i) whether the event is |
a student activity or student-related activity; (ii) whether |
the physical setting of the event is conducive to control of |
liquor sales and distribution; (iii) the ability of the event |
operator to ensure that the sale or serving of alcoholic |
liquors and the demeanor of the participants are in accordance |
with State law and University policies; (iv) the anticipated |
attendees at the event and the relative proportion of |
individuals under the age of 21 to individuals age 21 or older; |
(v) the ability of the venue operator to prevent the sale or |
distribution of alcoholic liquors to individuals under the age |
of 21; (vi) whether the event prohibits participants from |
removing alcoholic beverages from the venue; and (vii) whether |
the event prohibits participants from providing their own |
alcoholic liquors to the venue. As used in this paragraph, |
|
"public university" means the University of Illinois, Illinois |
State University, Chicago State University, Governors State |
University, Southern Illinois University, Northern Illinois |
University, Eastern Illinois University, Western Illinois |
University, and Northeastern Illinois University. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of a community college |
district for events that the Board of Trustees of that |
community college district may determine are public events and |
not student-related activities. The Board of Trustees shall |
issue a written policy within 6 months after July 15, 2016 (the |
effective date of Public Act 99-550) concerning the types of |
events that would be eligible for an exemption. Thereafter, |
the Board of Trustees may issue revised, updated, new, or |
amended policies as it deems necessary and appropriate. In |
preparing its written policy, the Board of Trustees shall, in |
addition to other factors it considers relevant and important, |
give consideration to the following: (i) whether the event is |
a student activity or student-related activity; (ii) whether |
the physical setting of the event is conducive to control of |
liquor sales and distribution; (iii) the ability of the event |
operator to ensure that the sale or serving of alcoholic |
liquors and the demeanor of the participants are in accordance |
with State law and community college district policies; (iv) |
the anticipated attendees at the event and the relative |
proportion of individuals under the age of 21 to individuals |
|
age 21 or older; (v) the ability of the venue operator to |
prevent the sale or distribution of alcoholic liquors to |
individuals under the age of 21; (vi) whether the event |
prohibits participants from removing alcoholic beverages from |
the venue; and (vii) whether the event prohibits participants |
from providing their own alcoholic liquors to the venue. This |
paragraph does not apply to any community college district |
authorized to sell or serve alcoholic liquor under any other |
provision of this Section. |
Alcoholic liquor may be delivered to and sold at retail in |
the Dorchester Senior Business Center owned by the Village of |
Dolton if the alcoholic liquor is sold or dispensed only in |
connection with organized functions for which the planned |
attendance is 20 or more persons, and if the person or facility |
selling or dispensing the alcoholic liquor has provided dram |
shop liability insurance in maximum limits so as to hold |
harmless the Village of Dolton and the State from all |
financial loss, damage and harm. |
Alcoholic liquors may be delivered to and sold at retail |
in any building used as an Illinois State Armory provided: |
(i) the Adjutant General's written consent to the |
issuance of a license to sell alcoholic liquor in such |
building is filed with the Commission; |
(ii) the alcoholic liquor is sold or dispensed only in |
connection with organized functions held on special |
occasions; |
|
(iii) the organized function is one for which the |
planned attendance is 25 or more persons; and |
(iv) the facility selling or dispensing the alcoholic |
liquors has provided dram shop liability insurance in |
maximum limits so as to save harmless the facility and the |
State from all financial loss, damage or harm. |
Alcoholic liquors may be delivered to and sold at retail |
in the Chicago Civic Center, provided that: |
(i) the written consent of the Public Building |
Commission which administers the Chicago Civic Center is |
filed with the Commission; |
(ii) the alcoholic liquor is sold or dispensed only in |
connection with organized functions held on special |
occasions; |
(iii) the organized function is one for which the |
planned attendance is 25 or more persons; |
(iv) the facility selling or dispensing the alcoholic |
liquors has provided dram shop liability insurance in |
maximum limits so as to hold harmless the Civic Center, |
the City of Chicago and the State from all financial loss, |
damage or harm; and |
(v) all applicable local ordinances are complied with. |
Alcoholic liquors may be delivered or sold in any building |
belonging to or under the control of any city, village or |
incorporated town where more than 75% of the physical |
properties of the building is used for commercial or |
|
recreational purposes, and the building is located upon a pier |
extending into or over the waters of a navigable lake or stream |
or on the shore of a navigable lake or stream. In accordance |
with a license issued under this Act, alcoholic liquor may be |
sold, served, or delivered in buildings and facilities under |
the control of the Department of Natural Resources during |
events or activities lasting no more than 7 continuous days |
upon the written approval of the Director of Natural Resources |
acting as the controlling government authority. The Director |
of Natural Resources may specify conditions on that approval, |
including, but not limited to, requirements for insurance and |
hours of operation. Notwithstanding any other provision of |
this Act, alcoholic liquor sold by a United States Army Corps |
of Engineers or Department of Natural Resources concessionaire |
who was operating on June 1, 1991 for on-premises consumption |
only is not subject to the provisions of Articles IV and IX. |
Beer and wine may be sold on the premises of the Joliet Park |
District Stadium owned by the Joliet Park District when |
written consent to the issuance of a license to sell beer and |
wine in such premises is filed with the local liquor |
commissioner by the Joliet Park District. Beer and wine may be |
sold in buildings on the grounds of State veterans' homes when |
written consent to the issuance of a license to sell beer and |
wine in such buildings is filed with the Commission by the |
Department of Veterans Veterans' Affairs, and the facility |
shall provide dram shop liability in maximum insurance |
|
coverage limits so as to save the facility harmless from all |
financial loss, damage or harm. Such liquors may be delivered |
to and sold at any property owned or held under lease by a |
Metropolitan Pier and Exposition Authority or Metropolitan |
Exposition and Auditorium Authority. |
Beer and wine may be sold and dispensed at professional |
sporting events and at professional concerts and other |
entertainment events conducted on premises owned by the Forest |
Preserve District of Kane County, subject to the control of |
the District Commissioners and applicable local law, provided |
that dram shop liability insurance is provided at maximum |
coverage limits so as to hold the District harmless from all |
financial loss, damage and harm. |
Nothing in this Section shall preclude the sale or |
delivery of beer and wine at a State or county fair or the sale |
or delivery of beer or wine at a city fair in any otherwise |
lawful manner. |
Alcoholic liquors may be sold at retail in buildings in |
State parks under the control of the Department of Natural |
Resources, provided: |
a. the State park has overnight lodging facilities |
with some restaurant facilities or, not having overnight |
lodging facilities, has restaurant facilities which serve |
complete luncheon and dinner or supper meals, |
b. (blank), and |
c. the alcoholic liquors are sold by the State park |
|
lodge or restaurant concessionaire only during the hours |
from 11 o'clock a.m. until 12 o'clock midnight. |
Notwithstanding any other provision of this Act, alcoholic |
liquor sold by the State park or restaurant concessionaire |
is not subject to the provisions of Articles IV and IX. |
Alcoholic liquors may be sold at retail in buildings on |
properties under the control of the Division of Historic |
Preservation of the Department of Natural Resources or the |
Abraham Lincoln Presidential Library and Museum provided: |
a. the property has overnight lodging facilities with |
some restaurant facilities or, not having overnight |
lodging facilities, has restaurant facilities which serve |
complete luncheon and dinner or supper meals, |
b. consent to the issuance of a license to sell |
alcoholic liquors in the buildings has been filed with the |
commission by the Division of Historic Preservation of the |
Department of Natural Resources or the Abraham Lincoln |
Presidential Library and Museum, and |
c. the alcoholic liquors are sold by the lodge or |
restaurant concessionaire only during the hours from 11 |
o'clock a.m. until 12 o'clock midnight. |
The sale of alcoholic liquors pursuant to this Section |
does not authorize the establishment and operation of |
facilities commonly called taverns, saloons, bars, cocktail |
lounges, and the like except as a part of lodge and restaurant |
facilities in State parks or golf courses owned by Forest |
|
Preserve Districts with a population of less than 3,000,000 or |
municipalities or park districts. |
Alcoholic liquors may be sold at retail in the Springfield |
Administration Building of the Department of Transportation |
and the Illinois State Armory in Springfield; provided, that |
the controlling government authority may consent to such sales |
only if |
a. the request is from a not-for-profit organization; |
b. such sales would not impede normal operations of |
the departments involved; |
c. the not-for-profit organization provides dram shop |
liability in maximum insurance coverage limits and agrees |
to defend, save harmless and indemnify the State of |
Illinois from all financial loss, damage or harm; |
d. no such sale shall be made during normal working |
hours of the State of Illinois; and |
e. the consent is in writing. |
Alcoholic liquors may be sold at retail in buildings in |
recreational areas of river conservancy districts under the |
control of, or leased from, the river conservancy districts. |
Such sales are subject to reasonable local regulations as |
provided in Article IV; however, no such regulations may |
prohibit or substantially impair the sale of alcoholic liquors |
on Sundays or Holidays. |
Alcoholic liquors may be provided in long term care |
facilities owned or operated by a county under Division 5-21 |
|
or 5-22 of the Counties Code, when approved by the facility |
operator and not in conflict with the regulations of the |
Illinois Department of Public Health, to residents of the |
facility who have had their consumption of the alcoholic |
liquors provided approved in writing by a physician licensed |
to practice medicine in all its branches. |
Alcoholic liquors may be delivered to and dispensed in |
State housing assigned to employees of the Department of |
Corrections. No person shall furnish or allow to be furnished |
any alcoholic liquors to any prisoner confined in any jail, |
reformatory, prison or house of correction except upon a |
physician's prescription for medicinal purposes. |
Alcoholic liquors may be sold at retail or dispensed at |
the Willard Ice Building in Springfield, at the State Library |
in Springfield, and at Illinois State Museum facilities by (1) |
an agency of the State, whether legislative, judicial or |
executive, provided that such agency first obtains written |
permission to sell or dispense alcoholic liquors from the |
controlling government authority, or by (2) a not-for-profit |
organization, provided that such organization: |
a. Obtains written consent from the controlling |
government authority; |
b. Sells or dispenses the alcoholic liquors in a |
manner that does not impair normal operations of State |
offices located in the building; |
c. Sells or dispenses alcoholic liquors only in |
|
connection with an official activity in the building; |
d. Provides, or its catering service provides, dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, save harmless and |
indemnify the State of Illinois from all financial loss, |
damage or harm arising out of the selling or dispensing of |
alcoholic liquors. |
Nothing in this Act shall prevent a not-for-profit |
organization or agency of the State from employing the |
services of a catering establishment for the selling or |
dispensing of alcoholic liquors at authorized functions. |
The controlling government authority for the Willard Ice |
Building in Springfield shall be the Director of the |
Department of Revenue. The controlling government authority |
for Illinois State Museum facilities shall be the Director of |
the Illinois State Museum. The controlling government |
authority for the State Library in Springfield shall be the |
Secretary of State. |
Alcoholic liquors may be delivered to and sold at retail |
or dispensed at any facility, property or building under the |
jurisdiction of the Division of Historic Preservation of the |
Department of Natural Resources, the Abraham Lincoln |
Presidential Library and Museum, or the State Treasurer where |
the delivery, sale or dispensing is by (1) an agency of the |
State, whether legislative, judicial or executive, provided |
that such agency first obtains written permission to sell or |
|
dispense alcoholic liquors from a controlling government |
authority, or by (2) an individual or organization provided |
that such individual or organization: |
a. Obtains written consent from the controlling |
government authority; |
b. Sells or dispenses the alcoholic liquors in a |
manner that does not impair normal workings of State |
offices or operations located at the facility, property or |
building; |
c. Sells or dispenses alcoholic liquors only in |
connection with an official activity of the individual or |
organization in the facility, property or building; |
d. Provides, or its catering service provides, dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, save harmless and |
indemnify the State of Illinois from all financial loss, |
damage or harm arising out of the selling or dispensing of |
alcoholic liquors. |
The controlling government authority for the Division of |
Historic Preservation of the Department of Natural Resources |
shall be the Director of Natural Resources, the controlling |
government authority for the Abraham Lincoln Presidential |
Library and Museum shall be the Executive Director of the |
Abraham Lincoln Presidential Library and Museum, and the |
controlling government authority for the facilities, property, |
or buildings under the jurisdiction of the State Treasurer |
|
shall be the State Treasurer or the State Treasurer's |
designee. |
Alcoholic liquors may be delivered to and sold at retail |
or dispensed for consumption at the Michael Bilandic Building |
at 160 North LaSalle Street, Chicago IL 60601, after the |
normal business hours of any day care or child care facility |
located in the building, by (1) a commercial tenant or |
subtenant conducting business on the premises under a lease |
made pursuant to Section 405-315 of the Department of Central |
Management Services Law (20 ILCS 405/405-315), provided that |
such tenant or subtenant who accepts delivery of, sells, or |
dispenses alcoholic liquors shall procure and maintain dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, indemnify, and save |
harmless the State of Illinois from all financial loss, |
damage, or harm arising out of the delivery, sale, or |
dispensing of alcoholic liquors, or by (2) an agency of the |
State, whether legislative, judicial, or executive, provided |
that such agency first obtains written permission to accept |
delivery of and sell or dispense alcoholic liquors from the |
Director of Central Management Services, or by (3) a |
not-for-profit organization, provided that such organization: |
a. obtains written consent from the Department of |
Central Management Services; |
b. accepts delivery of and sells or dispenses the |
alcoholic liquors in a manner that does not impair normal |
|
operations of State offices located in the building; |
c. accepts delivery of and sells or dispenses |
alcoholic liquors only in connection with an official |
activity in the building; and |
d. provides, or its catering service provides, dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, save harmless, and |
indemnify the State of Illinois from all financial loss, |
damage, or harm arising out of the selling or dispensing |
of alcoholic liquors. |
Nothing in this Act shall prevent a not-for-profit |
organization or agency of the State from employing the |
services of a catering establishment for the selling or |
dispensing of alcoholic liquors at functions authorized by the |
Director of Central Management Services. |
Alcoholic liquors may be sold at retail or dispensed at |
the James R. Thompson Center in Chicago, subject to the |
provisions of Section 7.4 of the State Property Control Act, |
and 222 South College Street in Springfield, Illinois by (1) a |
commercial tenant or subtenant conducting business on the |
premises under a lease or sublease made pursuant to Section |
405-315 of the Department of Central Management Services Law |
(20 ILCS 405/405-315), provided that such tenant or subtenant |
who sells or dispenses alcoholic liquors shall procure and |
maintain dram shop liability insurance in maximum coverage |
limits and in which the carrier agrees to defend, indemnify |
|
and save harmless the State of Illinois from all financial |
loss, damage or harm arising out of the sale or dispensing of |
alcoholic liquors, or by (2) an agency of the State, whether |
legislative, judicial or executive, provided that such agency |
first obtains written permission to sell or dispense alcoholic |
liquors from the Director of Central Management Services, or |
by (3) a not-for-profit organization, provided that such |
organization: |
a. Obtains written consent from the Department of |
Central Management Services; |
b. Sells or dispenses the alcoholic liquors in a |
manner that does not impair normal operations of State |
offices located in the building; |
c. Sells or dispenses alcoholic liquors only in |
connection with an official activity in the building; |
d. Provides, or its catering service provides, dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, save harmless and |
indemnify the State of Illinois from all financial loss, |
damage or harm arising out of the selling or dispensing of |
alcoholic liquors. |
Nothing in this Act shall prevent a not-for-profit |
organization or agency of the State from employing the |
services of a catering establishment for the selling or |
dispensing of alcoholic liquors at functions authorized by the |
Director of Central Management Services. |
|
Alcoholic liquors may be sold or delivered at any facility |
owned by the Illinois Sports Facilities Authority provided |
that dram shop liability insurance has been made available in |
a form, with such coverage and in such amounts as the Authority |
reasonably determines is necessary. |
Alcoholic liquors may be sold at retail or dispensed at |
the Rockford State Office Building by (1) an agency of the |
State, whether legislative, judicial or executive, provided |
that such agency first obtains written permission to sell or |
dispense alcoholic liquors from the Department of Central |
Management Services, or by (2) a not-for-profit organization, |
provided that such organization: |
a. Obtains written consent from the Department of |
Central Management Services; |
b. Sells or dispenses the alcoholic liquors in a |
manner that does not impair normal operations of State |
offices located in the building; |
c. Sells or dispenses alcoholic liquors only in |
connection with an official activity in the building; |
d. Provides, or its catering service provides, dram |
shop liability insurance in maximum coverage limits and in |
which the carrier agrees to defend, save harmless and |
indemnify the State of Illinois from all financial loss, |
damage or harm arising out of the selling or dispensing of |
alcoholic liquors. |
Nothing in this Act shall prevent a not-for-profit |
|
organization or agency of the State from employing the |
services of a catering establishment for the selling or |
dispensing of alcoholic liquors at functions authorized by the |
Department of Central Management Services. |
Alcoholic liquors may be sold or delivered in a building |
that is owned by McLean County, situated on land owned by the |
county in the City of Bloomington, and used by the McLean |
County Historical Society if the sale or delivery is approved |
by an ordinance adopted by the county board, and the |
municipality in which the building is located may not prohibit |
that sale or delivery, notwithstanding any other provision of |
this Section. The regulation of the sale and delivery of |
alcoholic liquor in a building that is owned by McLean County, |
situated on land owned by the county, and used by the McLean |
County Historical Society as provided in this paragraph is an |
exclusive power and function of the State and is a denial and |
limitation under Article VII, Section 6, subsection (h) of the |
Illinois Constitution of the power of a home rule municipality |
to regulate that sale and delivery. |
Alcoholic liquors may be sold or delivered in any building |
situated on land held in trust for any school district |
organized under Article 34 of the School Code, if the building |
is not used for school purposes and if the sale or delivery is |
approved by the board of education. |
Alcoholic liquors may be delivered to and sold at retail |
in any building owned by a public library district, provided |
|
that the delivery and sale is approved by the board of trustees |
of that public library district and is limited to library |
fundraising events or programs of a cultural or educational |
nature. Before the board of trustees of a public library |
district may approve the delivery and sale of alcoholic |
liquors, the board of trustees of the public library district |
must have a written policy that has been approved by the board |
of trustees of the public library district governing when and |
under what circumstances alcoholic liquors may be delivered to |
and sold at retail on property owned by that public library |
district. The written policy must (i) provide that no |
alcoholic liquor may be sold, distributed, or consumed in any |
area of the library accessible to the general public during |
the event or program, (ii) prohibit the removal of alcoholic |
liquor from the venue during the event, and (iii) require that |
steps be taken to prevent the sale or distribution of |
alcoholic liquor to persons under the age of 21. Any public |
library district that has alcoholic liquor delivered to or |
sold at retail on property owned by the public library |
district shall provide dram shop liability insurance in |
maximum insurance coverage limits so as to save harmless the |
public library districts from all financial loss, damage, or |
harm. |
Alcoholic liquors may be sold or delivered in buildings |
owned by the Community Building Complex Committee of Boone |
County, Illinois if the person or facility selling or |
|
dispensing the alcoholic liquor has provided dram shop |
liability insurance with coverage and in amounts that the |
Committee reasonably determines are necessary. |
Alcoholic liquors may be sold or delivered in the building |
located at 1200 Centerville Avenue in Belleville, Illinois and |
occupied by either the Belleville Area Special Education |
District or the Belleville Area Special Services Cooperative. |
Alcoholic liquors may be delivered to and sold at the |
Louis Joliet Renaissance Center, City Center Campus, located |
at 214 N. Ottawa Street, Joliet, and the Food |
Services/Culinary Arts Department facilities, Main Campus, |
located at 1215 Houbolt Road, Joliet, owned by or under the |
control of Joliet Junior College, Illinois Community College |
District No. 525. |
Alcoholic liquors may be delivered to and sold at Triton |
College, Illinois Community College District No. 504. |
Alcoholic liquors may be delivered to and sold at the |
College of DuPage, Illinois Community College District No. |
502. |
Alcoholic liquors may be delivered to and sold on any |
property owned, operated, or controlled by Lewis and Clark |
Community College, Illinois Community College District No. |
536. |
Alcoholic liquors may be delivered to and sold at the |
building located at 446 East Hickory Avenue in Apple River, |
Illinois, owned by the Apple River Fire Protection District, |
|
and occupied by the Apple River Community Association if the |
alcoholic liquor is sold or dispensed only in connection with |
organized functions approved by the Apple River Community |
Association for which the planned attendance is 20 or more |
persons and if the person or facility selling or dispensing |
the alcoholic liquor has provided dram shop liability |
insurance in maximum limits so as to hold harmless the Apple |
River Fire Protection District, the Village of Apple River, |
and the Apple River Community Association from all financial |
loss, damage, and harm. |
Alcoholic liquors may be delivered to and sold at the |
Sikia Restaurant, Kennedy King College Campus, located at 740 |
West 63rd Street, Chicago, and at the Food Services in the |
Great Hall/Washburne Culinary Institute Department facility, |
Kennedy King College Campus, located at 740 West 63rd Street, |
Chicago, owned by or under the control of City Colleges of |
Chicago, Illinois Community College District No. 508. |
Alcoholic liquors may be delivered to and sold at the |
building located at 305 West Grove St. in Poplar Grove, |
Illinois that is owned and operated by North Boone Fire |
District #3 if the alcoholic liquor is sold or dispensed only |
in connection with organized functions approved by the North |
Boone Fire District #3 for which the planned attendance is 20 |
or more persons and if the person or facility selling or |
dispensing the alcoholic liquor has provided dram shop |
liability insurance in maximum limits so as to hold harmless |
|
North Boone County Fire District #3 from all financial loss, |
damage, and harm. |
(Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24; |
revised 9-25-24.) |
Section 300. The Illinois Public Aid Code is amended by |
changing Section 11-5.2 as follows: |
(305 ILCS 5/11-5.2) |
Sec. 11-5.2. Income, Residency, and Identity Verification |
System. |
(a) The Department shall ensure that its proposed |
integrated eligibility system shall include the computerized |
functions of income, residency, and identity eligibility |
verification to verify eligibility, eliminate duplication of |
medical assistance, and deter fraud. Until the integrated |
eligibility system is operational, the Department may enter |
into a contract with the vendor selected pursuant to Section |
11-5.3 as necessary to obtain the electronic data matching |
described in this Section. This contract shall be exempt from |
the Illinois Procurement Code pursuant to subsection (h) of |
Section 1-10 of that Code. |
(b) Prior to awarding medical assistance at application |
under Article V of this Code, the Department shall, to the |
extent such databases are available to the Department, conduct |
data matches using the name, date of birth, address, and |
|
Social Security Number of each applicant or recipient or |
responsible relative of an applicant or recipient against the |
following: |
(1) Income tax information. |
(2) Employer reports of income and unemployment |
insurance payment information maintained by the Department |
of Employment Security. |
(3) Earned and unearned income, citizenship and death, |
and other relevant information maintained by the Social |
Security Administration. |
(4) Immigration status information maintained by the |
United States Citizenship and Immigration Services. |
(5) Wage reporting and similar information maintained |
by states contiguous to this State. |
(6) Employment information maintained by the |
Department of Employment Security in its New Hire |
Directory database. |
(7) Employment information maintained by the United |
States Department of Health and Human Services in its |
National Directory of New Hires database. |
(8) Veterans' benefits information maintained by the |
United States Department of Health and Human Services, in |
coordination with the Department of Health and Human |
Services and the Department of Veterans Veterans' Affairs, |
in the federal Public Assistance Reporting Information |
System (PARIS) database. |
|
(9) Residency information maintained by the Illinois |
Secretary of State. |
(10) A database which is substantially similar to or a |
successor of a database described in this Section that |
contains information relevant for verifying eligibility |
for medical assistance. |
(c) (Blank). |
(d) If a discrepancy results between information provided |
by an applicant, recipient, or responsible relative and |
information contained in one or more of the databases or |
information tools listed under subsection (b) of this Section |
or subsection (c) of Section 11-5.3 and that discrepancy calls |
into question the accuracy of information relevant to a |
condition of eligibility provided by the applicant, recipient, |
or responsible relative, the Department or its contractor |
shall review the applicant's or recipient's case using the |
following procedures: |
(1) If the information discovered under subsection (b) |
of this Section or subsection (c) of Section 11-5.3 does |
not result in the Department finding the applicant or |
recipient ineligible for assistance under Article V of |
this Code, the Department shall finalize the determination |
or redetermination of eligibility. |
(2) If the information discovered results in the |
Department finding the applicant or recipient ineligible |
for assistance, the Department shall provide notice as set |
|
forth in Section 11-7 of this Article. |
(3) If the information discovered is insufficient to |
determine that the applicant or recipient is eligible or |
ineligible, the Department shall provide written notice to |
the applicant or recipient which shall describe in |
sufficient detail the circumstances of the discrepancy, |
the information or documentation required, the manner in |
which the applicant or recipient may respond, and the |
consequences of failing to take action. The applicant or |
recipient shall have 10 business days to respond. |
(4) If the applicant or recipient does not respond to |
the notice, the Department shall deny assistance for |
failure to cooperate, in which case the Department shall |
provide notice as set forth in Section 11-7. Eligibility |
for assistance shall not be established until the |
discrepancy has been resolved. |
(5) If an applicant or recipient responds to the |
notice, the Department shall determine the effect of the |
information or documentation provided on the applicant's |
or recipient's case and shall take appropriate action. |
Written notice of the Department's action shall be |
provided as set forth in Section 11-7 of this Article. |
(6) Suspected cases of fraud shall be referred to the |
Department's Inspector General. |
(e) The Department shall adopt any rules necessary to |
implement this Section. |
|
(Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.) |
Section 305. The Illinois Affordable Housing Act is |
amended by changing Section 14 as follows: |
(310 ILCS 65/14) (from Ch. 67 1/2, par. 1264) |
Sec. 14. Homeless Veterans Demonstration Project. (a) The |
Program Administrator shall, on the recommendation of the |
Commission and in cooperation with the Department of Veterans |
Veterans' Affairs, implement a demonstration project for low |
and very low-income homeless veterans and their families. This |
demonstration project shall consist of a short-term shelter, |
and will also provide assistance in assessing the needs of |
veterans, ascertaining the programs for which veterans may be |
eligible and making application for such programs and services |
and referral to appropriate agencies. The project shall, to |
the extent possible, establish liaisons with labor |
organizations, community colleges, vocational rehabilitation |
programs and other providers of trade apprenticeships and |
other job training programs. |
(b) The Program Administrator shall submit to the Governor |
and the General Assembly a report by January 1, 1991 |
evaluating the effectiveness of the project provided in this |
Section. The report shall include, but not be limited to, the |
number of persons served under the project, information as to |
the cost of the services, and recommendations as to whether |
|
additional homeless veterans projects should be established. |
(Source: P.A. 86-925.) |
Section 310. The Older Adult Services Act is amended by |
changing Section 35 as follows: |
(320 ILCS 42/35) |
Sec. 35. Older Adult Services Advisory Committee. |
(a) The Older Adult Services Advisory Committee is created |
to advise the directors of Aging, Healthcare and Family |
Services, and Public Health on all matters related to this Act |
and the delivery of services to older adults in general. |
(b) The Advisory Committee shall be comprised of the |
following: |
(1) The Director of Aging or his or her designee, who |
shall serve as chair and shall be an ex officio and |
nonvoting member. |
(2) The Director of Healthcare and Family Services and |
the Director of Public Health or their designees, who |
shall serve as vice-chairs and shall be ex officio and |
nonvoting members. |
(3) One representative each of the Governor's Office, |
the Department of Healthcare and Family Services, the |
Department of Public Health, the Department of Veterans |
Veterans' Affairs, the Department of Human Services, the |
Department of Insurance, the Department on Aging, the |
|
Department on Aging's State Long Term Care Ombudsman, the |
Illinois Housing Finance Authority, and the Illinois |
Housing Development Authority, each of whom shall be |
selected by his or her respective director and shall be an |
ex officio and nonvoting member. |
(4) Thirty members appointed by the Director of Aging |
in collaboration with the directors of Public Health and |
Healthcare and Family Services, and selected from the |
recommendations of statewide associations and |
organizations, as follows: |
(A) One member representing the Area Agencies on |
Aging; |
(B) Four members representing nursing homes or |
licensed assisted living establishments; |
(C) One member representing home health agencies; |
(D) One member representing case management |
services; |
(E) One member representing statewide senior |
center associations; |
(F) One member representing Community Care Program |
homemaker services; |
(G) One member representing Community Care Program |
adult day services; |
(H) One member representing nutrition project |
directors; |
(I) One member representing hospice programs; |
|
(J) One member representing individuals with |
Alzheimer's disease and related dementias; |
(K) Two members representing statewide trade or |
labor unions; |
(L) One advanced practice registered nurse with |
experience in gerontological nursing; |
(M) One physician specializing in gerontology; |
(N) One member representing regional long-term |
care ombudsmen; |
(O) One member representing municipal, township, |
or county officials; |
(P) (Blank); |
(Q) (Blank); |
(R) One member representing the parish nurse |
movement; |
(S) One member representing pharmacists; |
(T) Two members representing statewide |
organizations engaging in advocacy or legal |
representation on behalf of the senior population; |
(U) Two family caregivers; |
(V) Two citizen members over the age of 60; |
(W) One citizen with knowledge in the area of |
gerontology research or health care law; |
(X) One representative of health care facilities |
licensed under the Hospital Licensing Act; and |
(Y) One representative of primary care service |
|
providers. |
The Director of Aging, in collaboration with the Directors |
of Public Health and Healthcare and Family Services, may |
appoint additional citizen members to the Older Adult Services |
Advisory Committee. Each such additional member must be either |
an individual age 60 or older or an uncompensated caregiver |
for a family member or friend who is age 60 or older. |
(c) Voting members of the Advisory Committee shall serve |
for a term of 3 years or until a replacement is named. All |
members shall be appointed no later than January 1, 2005. Of |
the initial appointees, as determined by lot, 10 members shall |
serve a term of one year; 10 shall serve for a term of 2 years; |
and 12 shall serve for a term of 3 years. Any member appointed |
to fill a vacancy occurring prior to the expiration of the term |
for which his or her predecessor was appointed shall be |
appointed for the remainder of that term. The Advisory |
Committee shall meet at least quarterly and may meet more |
frequently at the call of the Chair. A simple majority of those |
appointed shall constitute a quorum. The affirmative vote of a |
majority of those present and voting shall be necessary for |
Advisory Committee action. Members of the Advisory Committee |
shall receive no compensation for their services. |
(d) The Advisory Committee shall have an Executive |
Committee comprised of the Chair, the Vice Chairs, and up to 15 |
members of the Advisory Committee appointed by the Chair who |
have demonstrated expertise in developing, implementing, or |
|
coordinating the system restructuring initiatives defined in |
Section 25. The Executive Committee shall have responsibility |
to oversee and structure the operations of the Advisory |
Committee and to create and appoint necessary subcommittees |
and subcommittee members. The Advisory Committee's Community |
Care Program Medicaid Enrollment Oversight Subcommittee shall |
have the membership and powers and duties set forth in Section |
4.02 of the Illinois Act on the Aging. |
(e) The Advisory Committee shall study and make |
recommendations related to the implementation of this Act, |
including, but not limited to, system restructuring |
initiatives as defined in Section 25 or otherwise related to |
this Act. |
(Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18; |
100-621, eff. 7-20-18; 101-81, eff. 7-12-19.) |
Section 315. The Illinois Caregiver Assistance and |
Resource Portal Act is amended by changing Sections 25-10, |
25-20, and 25-25 as follows: |
(320 ILCS 70/25-10) |
Sec. 25-10. Establishment of the Illinois Caregiver |
Assistance and Resources Portal. |
(a) The Department on Aging, in consultation with the |
Department of Healthcare and Family Services, the Department |
of Public Health, and the Department of Veterans Veterans' |
|
Affairs, shall be responsible for the creation and maintenance |
of the Illinois Caregiver Assistance and Resource Portal |
(hereinafter referred to as the "Portal"). |
(b) The Portal shall serve as a centralized and trusted |
online platform offering a wide range of resources related to |
caregiving, including, but not limited to: |
(1) Information on State and federal programs, |
benefits, and resources on caregiving, long-term care, and |
at-home care for Illinois residents who are 50 years of |
age or older. |
(2) Information from non-profit organizations |
providing free-of-charge caregiving support and resources. |
(3) Tools and guides for developing and implementing |
caregiving plans. |
(4) Direct contact information for relevant Illinois |
agencies, organizations, and other State-licensed |
long-term care, aging, senior support services, and |
at-home care providers. |
(5) Educational materials, articles, and videos on |
caregiving best practices. |
(6) Accommodations for users with different language |
preferences, ensuring the information is accessible to |
diverse audiences. |
(c) By incorporating these resources, the Portal aims to |
serve as a comprehensive and user-friendly hub for caregivers, |
providing them with the tools, information, and support they |
|
need to navigate the complex landscape of caregiving, nursing |
home care, and at-home care and other essential resources that |
are readily accessible. Additional information and resources |
to be featured may include the following: |
(1) Caregiving resources: A comprehensive section |
dedicated to caregiving, including guides, articles, and |
videos on caregiving techniques, managing caregiver |
stress, and enhancing the quality of care provided. |
(2) Home and community-based services: Resources, |
descriptions, and opportunities on how the State supports |
family caregivers, to include, but not be limited to, the |
Senior HelpLine, Illinois Care Connections, the Community |
Care Program, Adult Protective Services, the Illinois |
Long-Term Care Ombudsman, Adult Day Services, the Home |
Delivered Meals program, and all other programming and |
services offered by the Department on Aging. |
(3) Nursing home care: State and federal information |
and online resources on nursing homes, including facility |
ratings, reviews, and resources for choosing the right |
nursing home based on specific needs and preferences. |
(4) Area Agency on Aging: A dedicated section |
highlighting the services and programs offered by Area |
Agencies on Aging, including, but not limited to, |
assistance with long-term care planning, nutrition, |
transportation, caregiver support and need assessment, and |
the address and contact information of statewide Area |
|
Agencies on Aging and Aging and Disability Resource |
Centers. |
(5) At-home care: Resources and guides for at-home |
care, including information on hiring caregivers, managing |
in-home medical and non-medical care, and ensuring a safe |
and comfortable home environment. |
(6) Hospital-to-home transition: A specialized section |
focusing on the transition from hospital care to |
home-based care, offering tips, checklists, and resources |
to ensure a smooth transition and continued recovery at |
home. |
(7) Contact Information: Direct contact details for |
relevant agencies, organizations, and State-licensed |
professionals involved in caregiving, nursing home care, |
and at-home care, making it easy for users to connect with |
the right resources. |
(8) Medicaid coverage and resources: Information on |
Medicaid coverage for long-term care services, eligibility |
criteria, application procedures, and available |
Medicaid-funded programs and services to support |
caregivers and care recipients. |
(9) Financial assistance: Details on financial |
assistance programs and benefits available at the State |
and federal levels, including grants, subsidies, and tax |
incentives that can ease the financial burden of |
caregiving. |
|
(10) Veterans' assistance: Details on veterans' |
assistance programs and benefits available at the State |
and federal levels. |
(11) Legal and planning Tools: Resources for legal |
matters related to caregiving, such as power of attorney, |
advance directives, and estate planning, and tools to help |
users create and manage caregiving plans. Services offered |
under this paragraph do not include the practice of law. |
(12) Support groups: A directory of local caregiver |
support groups and online communities where caregivers can |
connect, share experiences, and receive emotional support. |
(Source: P.A. 103-588, eff. 6-5-24.) |
(320 ILCS 70/25-20) |
Sec. 25-20. Outreach and promotion. |
(a) The Department on Aging, in consultation with the |
Department of Healthcare and Family Services, the Department |
of Public Health, the Department of Human Services, and the |
Department of Veterans Veterans' Affairs, shall undertake an |
outreach and promotional campaign to raise awareness about the |
Portal and its resources upon completion. |
(b) The campaign shall include a digital-first strategy to |
inform health care providers, social service agencies, and |
community organizations about the Portal's availability. |
(c) The campaign shall coordinate with the State-wide |
2-1-1 Service system administered under the 2-1-1 Service Act |
|
in order to insure persons calling 2-1-1 telephone lines are |
directed, when appropriate, to the Portal and reciprocally to |
2-1-1. |
(Source: P.A. 103-588, eff. 6-5-24.) |
(320 ILCS 70/25-25) |
Sec. 25-25. Reporting and evaluation. The Department on |
Aging, in consultation with the Department of Healthcare and |
Family Services, the Department of Public Health, and the |
Department of Veterans Veterans' Affairs, shall provide an |
annual report to the General Assembly and the Governor |
outlining the usage statistics, user feedback, and any |
necessary improvements to the Portal. |
(Source: P.A. 103-588, eff. 6-5-24.) |
Section 320. The Viet Nam Veterans Compensation Act is |
amended by changing Sections 3, 5, and 6 as follows: |
(330 ILCS 30/3) (from Ch. 126 1/2, par. 57.53) |
Sec. 3. The widow or widower, child or children, mother, |
father, person standing in loco parentis, brothers and |
sisters, in the order named, of any deceased person shall be |
paid the compensation to which the deceased person would be |
entitled under Section 2 of this Act. Where such deceased |
person would have qualified for compensation under Section 2 |
except for his death and his death was connected with such |
|
service and resulted from such service during the time period |
specified in Section 2, his survivors, in the order named in |
this Section, shall be paid $1000. |
Where a preceding beneficiary fails to file a claim for |
compensation after the official notice of death the Department |
of Veterans Veterans' Affairs may proceed to process |
applications from succeeding beneficiaries, and such |
beneficiaries may then proceed to qualify upon submission of |
satisfactory proof of eligibility. |
(Source: P.A. 100-143, eff. 1-1-18.) |
(330 ILCS 30/5) (from Ch. 126 1/2, par. 57.55) |
Sec. 5. The Department of Veterans Veterans' Affairs has |
complete charge and control of the general scheme of payments |
authorized by this Act and shall adopt general rules for the |
making of such payments, the ascertainment and selection of |
proper beneficiaries and the amount to which such |
beneficiaries are entitled, and for procedure. |
If the person to whom compensation is payable under this |
Act is under legal disability, it shall be paid to the person |
legally vested with the care of such legally disabled person |
under the laws of his State of residence. If no such person has |
been so designated for the legally disabled person, payment |
shall be made to the chief officer of any hospital or |
institution under the supervision or control of any State or |
of the Veterans Administration of the United States in which |
|
such legally disabled person is placed, if such officer is |
authorized to accept moneys for the benefit of the |
incompetent. Any payments so made shall be held or used solely |
for the benefit of the legally disabled person. |
As used in this Section, a person under legal disability |
means any person found to be so disabled by a court of |
competent jurisdiction of any State or the District of |
Columbia or by any adjudication officer of the Veterans |
Administration of the United States. |
(Source: P.A. 100-143, eff. 1-1-18.) |
(330 ILCS 30/6) (from Ch. 126 1/2, par. 57.56) |
Sec. 6. Any application for compensation under this Act |
must be made to the Illinois Department of Veterans Veterans' |
Affairs. |
(Source: P.A. 80-244.) |
Section 325. The War on Terrorism Compensation Act is |
amended by changing Sections 5 and 25 as follows: |
(330 ILCS 32/5) |
Sec. 5. Definitions. In this Act: |
"Armed forces of the United States" means the United |
States Army, Navy, Air Force, Space Force, Marine Corps, or |
Coast Guard, the United States Reserve Forces, or the Illinois |
National Guard. Service in the merchant marine is not service |
|
in the armed forces for purposes of this Act. |
"Department" means the Illinois Department of Veterans |
Veterans' Affairs. |
(Source: P.A. 103-746, eff. 1-1-25.) |
(330 ILCS 32/25) |
Sec. 25. Application to Department of Veterans Veterans' |
Affairs. An application for compensation under this Act must |
be made to the Department. |
(Source: P.A. 96-76, eff. 7-24-09.) |
Section 330. The Prisoner of War Bonus Act is amended by |
changing Sections 2, 4, and 5 as follows: |
(330 ILCS 35/2) (from Ch. 126 1/2, par. 57.62) |
Sec. 2. The widow or widower, child or children, mother, |
father, person standing in loco parentis, brothers and |
sisters, in the order named, of any deceased person shall be |
paid the compensation to which the deceased person would be |
entitled under Section 1 of this Act. |
Where a preceding beneficiary fails to file a claim for |
compensation after the official notice of death the Department |
of Veterans Veterans' Affairs may proceed to process |
applications from succeeding beneficiaries and such |
beneficiaries may then proceed to qualify upon submission of |
satisfactory proof of eligibility. |
|
(Source: P.A. 100-143, eff. 1-1-18.) |
(330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64) |
Sec. 4. The Department of Veterans Veterans' Affairs has |
complete charge and control of the general scheme of payments |
authorized by this Act and shall adopt general rules for the |
making of such payments, the ascertainment and selection of |
proper beneficiaries and the amount to which such |
beneficiaries are entitled, and for procedure. |
If the person to whom compensation is payable under this |
Act is a person under a legal disability, it shall be paid to |
the person legally vested with the care of such person under a |
legal disability under the laws of this State of residence. If |
no such person has been so designated for the person under a |
legal disability, payment shall be made to the chief officer |
of any hospital or institution under the supervision or |
control of any State or of the Veterans Administration of the |
United States in which such person under a legal disability is |
placed, if such officer is authorized to accept moneys for the |
benefit of the person under a legal disability. Any payments |
so made shall be held or used solely for the benefit of the |
person under a legal disability. |
As used in this Section, a person under a legal disability |
means any person found to be so disabled by a court of |
competent jurisdiction of any State or the District of |
Columbia or by any adjudication officer of the Veterans |
|
Administration of the United States. |
(Source: P.A. 99-143, eff. 7-27-15.) |
(330 ILCS 35/5) (from Ch. 126 1/2, par. 57.65) |
Sec. 5. Any application for compensation under this Act |
must be made to the Department of Veterans Veterans' Affairs. |
(Source: P.A. 79-293.) |
Section 335. The War Bonus Extension Act is amended by |
changing Section 1 as follows: |
(330 ILCS 40/1) (from Ch. 126 1/2, par. 57.71) |
Sec. 1. As used in this Act: |
"World War II Bonus Act" means "An Act to provide payment |
of compensation to certain persons who served with the |
military or naval forces of the United States prior to or in |
the recent war with Germany, Italy, Japan and other nations, |
or to their survivors, and to authorize the issuance and sale |
of bonds of the State of Illinois to make said payments and to |
provide for the payment of the principal of and interest upon |
said bonds by a direct annual tax and by taxes levied and |
imposed by amending Sections 6, 10 and 10a of the 'Illinois |
Horse Racing Act', filed June 13, 1927, as amended, and by |
taxes levied and imposed by amending Sections 2, 3 and 29 of |
the 'Cigarette Tax Act', approved June 2, 1941, as amended", |
approved June 14, 1946, as that Act existed immediately prior |
|
to the repeal of Sections 1-1 through 1-6 thereof. |
"Korean Veterans Compensation Act" means "AN ACT to |
provide payment of compensation to certain persons who served |
with the armed forces of the United States during the recent |
armed struggle which is commonly called the Korean Conflict, |
or to survivors; and to provide funds for the payment of such |
compensation by a tax levied and imposed by amending Sections |
2 and 29 of the 'Cigarette Tax Act', approved June 2, 1941, as |
amended, and by a tax levied and imposed by amending Sections 2 |
and 35 of the 'Cigarette Use Tax Act', approved July 11, 1951, |
as amended, and to make appropriations in connection |
therewith", approved July 17, 1959, as that Act existed |
immediately prior to the repeal of Sections 1-1 through 1-7 |
thereof. |
"Department" means the Illinois Department of Veterans |
Veterans' Affairs. |
(Source: P.A. 80-243.) |
Section 340. The Military Veterans Assistance Act is |
amended by changing Section 1 as follows: |
(330 ILCS 45/1) (from Ch. 23, par. 3081) |
Sec. 1. Definitions. As used in this Act: |
"Veteran service organization" means a post, ship, camp, |
chapter, or detachment of a congressionally chartered or state |
chartered organization that (i) is formed by and for veterans, |
|
(ii) has a paid membership of at least 15 individuals, and |
(iii) provides responsible aid, assistance, or services to the |
veteran community. |
"Administrator of military veterans assistance" means the |
commanders of the various veteran service organizations, the |
superintendent of a County Veterans Assistance Commission, or |
other persons whose duty it is, under the existing statutes, |
to care for, relieve or maintain, wholly or in part, any person |
who may be entitled to such assistance under the statutes of |
the State of Illinois. This Act shall not infringe upon the |
mandated powers and authorities vested in the Illinois |
Department of Veterans Veterans' Affairs. |
(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) |
Section 355. The Housing for Veterans with Disabilities |
Act is amended by changing Sections 2.1 and 3 as follows: |
(330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1) |
Sec. 2.1. (a) The Illinois Department of Veterans |
Veterans' Affairs shall provide assistance to a veteran who is |
eligible for and has been approved by the Administrator of |
Veterans Affairs for the grant authorized under Section 801(b) |
of Title 38 of the United States Code for remodeling a |
dwelling, which is not adapted to the requirements of the |
veteran's disability, and which was acquired by him prior to |
his application for federal assistance. |
|
(b) The amount of State assistance provided to a veteran |
under subsection (a) of this Section shall be equal to the |
lesser of (1) the difference between the total cost of |
remodeling and the amount of assistance provided by the |
federal government under Title 38, Section 801(b) of the |
United States Code or (2) $3,000. However, if the amount of the |
federal assistance is at least equal to the total cost of |
remodeling the dwelling, then no State assistance shall be |
granted under this Section. |
(c) A veteran eligible for assistance under subsection (a) |
of this Section shall not by reason of such eligibility be |
denied benefits for which such veteran becomes eligible under |
Section 2 of this Act. |
(Source: P.A. 100-201, eff. 8-18-17.) |
(330 ILCS 65/3) (from Ch. 126 1/2, par. 60) |
Sec. 3. Application for assistance under this Act shall be |
made by the veteran to the Illinois Department of Veterans |
Veterans' Affairs and shall be accompanied by satisfactory |
evidence that the veteran has been approved by the |
Administrator of Veterans Affairs for assistance in acquiring |
a suitable dwelling unit or in remodeling a dwelling not |
adapted to the requirements of his disability. The application |
shall contain such information as will enable the Illinois |
Department of Veterans Veterans' Affairs to determine the |
amount of assistance to which the veteran is entitled. The |
|
Illinois Department of Veterans Veterans' Affairs shall adopt |
general rules for determining the question of whether an |
applicant was a resident of this State at the time he entered |
the service, and shall prescribe by rule the nature of the |
proof to be submitted to establish the fact of residence. The |
Illinois Department of Veterans Veterans' Affairs shall adopt |
guidelines for determining types of remodeling and adaptations |
which are reasonably necessary because of a veteran's |
disability, for a veteran eligible for assistance under |
Section 2.1 of this Act. |
(Source: P.A. 100-201, eff. 8-18-17.) |
Section 360. The Records for Veterans Administration Act |
is amended by changing Section 2 as follows: |
(330 ILCS 70/2) (from Ch. 116, par. 30) |
Sec. 2. Whenever a copy of any public record is required by |
any accredited Veterans Organization, the Department of |
Veterans Veterans' Affairs, the Veterans Administration, the |
Veteran or his dependent in connection with a claim for |
benefits, the official charged with the custody of such public |
record shall without charge provide accredited Veterans |
Organization, the Department of Veterans Veterans' Affairs, |
the Veterans Administration, the Veteran or his dependent, |
with a certified copy of the requested record. |
The request for the copy of the record must be in writing |
|
with a statement, signed by an authorized official of the |
accredited veterans organization, the Department of Veterans |
Veterans' Affairs, the Veterans Administration, the Veteran or |
his dependent, to the effect that the requested document is to |
be used in obtaining benefits and, if the copy of the record is |
to be mailed, must be accompanied by sufficient postage to pay |
the cost of mailing. When the request is made as provided in |
this section and, if mailing is necessary, is accompanied by |
sufficient postage, the furnishing of the certified copy of |
the record is mandatory upon the official charged with its |
custody, and shall not be subject to the approval or sanction |
of any other person, agency, or body politic or corporate |
whether federal, state or municipal. |
(Source: P.A. 85-169.) |
Section 365. The Survivors Compensation Act is amended by |
changing Sections 2, 3, and 4 as follows: |
(330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82) |
Sec. 2. Persons entitled to compensation. The widow or |
widower, child or children, mother, father, persons standing |
in loco parentis, brothers and sisters, in the order named, of |
any deceased person if (a) that person was a resident of |
Illinois for at least 12 months immediately preceding entry |
into military service and (b) that person's death was service |
connected as a result of hostile action with unfriendly forces |
|
during a period which has not been recognized by award of a |
U.S. campaign or service medal, shall be paid $1,000. Where a |
preceding beneficiary fails to file a claim of compensation |
after the official notice of death, the Department of Veterans |
Veterans' Affairs may accept applications from succeeding |
beneficiaries and such beneficiaries may then proceed to |
qualify upon submission of satisfactory proof of eligibility. |
(Source: P.A. 91-357, eff. 7-29-99.) |
(330 ILCS 100/3) (from Ch. 126 1/2, par. 57.83) |
Sec. 3. Applications. Any application for compensation |
under this Act shall be made to the Illinois Department of |
Veterans Veterans' Affairs on the form provided. |
(Source: P.A. 85-170.) |
(330 ILCS 100/4) |
Sec. 4. Compensation in connection with deceased veterans |
of the Global War on Terrorism. |
(a) The widow or widower, child or children, mother, |
father, persons standing in loco parentis, brothers and |
sisters, in the order named, of any deceased person if (i) that |
person was a resident of Illinois for at least 12 months |
immediately preceding entry into military service and (ii) |
that person's death was service-connected as a result of |
hostile action on or after September 11, 2001 and prior to such |
time as Congress declares such persons ineligible for the |
|
Global War on Terrorism Expeditionary Medal or the Global War |
on Terrorism Service Medal shall be paid $3,000. |
(b) If a preceding beneficiary fails to file a claim of |
compensation after the official notice of death, the |
Department of Veterans Veterans' Affairs may accept |
applications from succeeding beneficiaries, and such |
beneficiaries may then proceed to qualify upon submission of |
satisfactory proof of eligibility. |
(c) No right or claim to compensation under this Section |
may be assigned. |
(d) The Illinois Department of Veterans Veterans' Affairs |
has complete charge and control of the general scheme of |
payments authorized by this Section and shall adopt general |
rules for the making of those payments, for the ascertainment |
and selection of proper beneficiaries and the amount to which |
those beneficiaries are entitled, and for procedure. |
(e) If the person to whom compensation is payable under |
this Section is under legal disability, the compensation shall |
be paid to the person legally vested with the care of the |
legally disabled person under the laws of his or her state of |
residence. If no such person has been so designated for the |
legally disabled person, payment shall be made to the chief |
officer of any hospital or institution under the supervision |
or control of any state or of the Veterans Administration of |
the United States in which the legally disabled person is |
placed, if the officer is authorized to accept moneys for the |
|
benefit of the incompetent. Any payments so made shall be held |
or used solely for the benefit of the legally disabled person. |
As used in this Section, a person "under legal disability" |
means any person found to be so disabled by a court of |
competent jurisdiction of any state or the District of |
Columbia or by any adjudication officer of the Veterans |
Administration of the United States. |
(Source: P.A. 93-976, eff. 8-20-04.) |
Section 370. The Deceased, Disabled, and MIA/POW Veterans' |
Dependents Educational Opportunity Grant Act is amended by |
changing Sections 1 and 2 as follows: |
(330 ILCS 105/1) (from Ch. 126 1/2, par. 26) |
Sec. 1. The Illinois Department of Veterans Veterans' |
Affairs shall provide, insofar as moneys are appropriated for |
those purposes, for matriculation and tuition fees, board, |
room rent, books and supplies for the use and benefit of any |
natural child, adopted child, minor child who is under a |
court-ordered guardianship for at least 2 continuous years |
prior to application, or step-child of an eligible veteran or |
serviceperson, if the child is not under 10 and not over 18 |
years of age, except extension of time may be granted for a |
child to complete high school but in no event beyond the 19th |
birthday, who has for 12 months immediately preceding his or |
her application for these benefits had his or her domicile in |
|
the State of Illinois. The child must provide proof of |
compliance with Illinois compulsory attendance requirements as |
provided in Section 26-1 of the School Code. |
"Eligible veteran or serviceperson" means any veteran or |
serviceperson, including an Illinois National Guard member, |
who is on active duty or is active on a training assignment, |
who has been declared by the U.S. Department of Defense or the |
U.S. Department of Veterans Affairs to be a prisoner of war or |
missing in action, or has died as the result of a |
service-connected disability, or has become a person with a |
permanent disability from service-connected causes with 100% |
disability and who (i) at the time of entering service was an |
Illinois resident, or (ii) was an Illinois resident within 6 |
months after entering such service, or (iii) is a resident of |
Illinois at the time of application for the grant and, at some |
point after entering such service, was a resident of Illinois |
for at least 15 consecutive years. No more than $250.00 may be |
paid under this Act for any one child for any one school year. |
(Source: P.A. 102-855, eff. 5-13-22.) |
(330 ILCS 105/2) (from Ch. 126 1/2, par. 27) |
Sec. 2. The amounts that become due to any child under this |
Act, not in excess of the amount specified in Section 1 of this |
Act, shall be payable to such child or, if such child is a |
minor, to the eligible veteran or serviceperson or guardian on |
vouchers approved by the Illinois Department of Veterans |
|
Veterans' Affairs. The Illinois Department of Veterans |
Veterans' Affairs shall adopt rules on how to render payments |
to eligible minor children of deceased veterans or |
servicepersons. The Department shall determine the eligibility |
of the children who make application for the benefits provided |
for in this Act; and satisfy itself of the attendance of such |
children at any such institution or school. |
(Source: P.A. 102-855, eff. 5-13-22.) |
Section 375. The Veterans Burial Places Act is amended by |
changing Sections 1, 2, 3, and 3.1 as follows: |
(330 ILCS 110/1) (from Ch. 21, par. 59a) |
Sec. 1. For the purpose of locating the burial places of |
United States War Veterans and reporting to the United States |
Government under the provisions of the Federal Law respecting |
the erection of headstones at the graves of United States War |
Veterans and the erection of memorial markers where the |
remains of such veterans were not recovered or were buried at |
sea, the Department of Veterans Veterans' Affairs shall |
maintain a card file Roll of Honor, alphabetically arranged, |
of all veterans buried in the State or, if no remains were |
recovered or if such remains were buried at sea, of all the |
memorial markers for such veterans placed in the State and an |
additional record by counties showing the burials or memorial |
markers in each cemetery in each county. The records, so far as |
|
obtainable, shall contain the name of the veteran, war served |
in, his rank, organizations, dates of enlistment and |
discharge, date of death, description of grave or memorial |
marker, and name and location of cemetery. It shall also be his |
duty to prepare requisitions on the Federal Government for |
headstones or memorial markers when same are desired and to |
supervise their transportation from the railroad station to |
and erection at the grave of the veteran or at the site for the |
erection of a memorial marker if no remains were recovered or |
if such remains were buried at sea, certifying bills for same |
for payment. |
The Department of Veterans Veterans' Affairs shall appoint |
such additional employees as may be required to maintain the |
records of War Veterans Graves and Memorial Markers |
Registration. The appointment of such employees shall not be |
subject to the provisions of any law relating to civil service |
or job classification on a merit basis. |
"United States War Veterans", for purposes of this Act, |
means: |
(1) Soldiers of the Union and Confederate Armies of the |
Civil War. |
(2) Members of the Armed Forces of the United States dying |
in the service and former members whose last service |
terminated honorably. |
(3) Persons buried in post and national cemeteries. |
(4) Members of a reserve component of the Armed Forces of |
|
the United States, and members of the Army National Guard or |
the Air National Guard, whose death occurred under honorable |
conditions while they were: |
(a) on active duty for training, or performing |
full-time service under Section 316, 503, 504, or 505 of |
Title 32, United States Code; |
(b) performing authorized travel to or from that duty |
or service; |
(c) on authorized inactive duty training, including |
training performed as members of the Army National Guard |
or the Air National Guard; or |
(d) hospitalized or undergoing treatment, at the |
expense of the United States, for injury or disease |
contracted or incurred under honorable conditions while |
they were: |
(i) on that duty or service; |
(ii) performing that travel or inactive duty |
training; or |
(iii) undergoing that hospitalization or treatment |
at the expenses of the United States. |
(5) Members of the Reserve Officers Training Corps of the |
Army, Navy, Space Force, or Air Force whose death occurred |
under honorable conditions while they were: |
(a) attending an authorized training camp or on an |
authorized practice cruise; |
(b) performing authorized travel to or from that camp |
|
or cruise; or |
(c) hospitalized or undergoing treatment, at the |
expense of the United States, for injury or disease |
contracted or incurred under honorable conditions while |
they were: |
(i) attending that camp or on that cruise; |
(ii) performing that travel; or |
(iii) undergoing that hospitalization or treatment |
at the expense of the United States. |
(Source: P.A. 103-746, eff. 1-1-25.) |
(330 ILCS 110/2) (from Ch. 21, par. 59b) |
Sec. 2. Every person, firm or corporation owning or |
controlling any cemetery or burial place in this State shall |
by itself, his or its superintendent or agent, keep a |
permanent record of the burial of each United States War |
Veteran or the erection of a memorial marker for any veteran |
whose remains were not recovered or where buried at sea, such |
record to contain the name of the veteran, date of death, and |
the location of grave or memorial marker in cemetery, and when |
requested so to do, shall report such information to the |
Department of Veterans Veterans' Affairs on forms furnished by |
the Department. Any person, firm or corporation owning or |
controlling a cemetery or burial place, who fails to make and |
file such report within 30 days after receipt of such request |
is guilty of a petty offense and upon conviction thereof shall |
|
be fined not less than $10 nor more than $100. It is the duty |
of the State's attorney in the county where the cemetery or |
burial place is located to enforce the provisions of this Act. |
(Source: P.A. 81-167.) |
(330 ILCS 110/3) (from Ch. 21, par. 59c) |
Sec. 3. For the purpose of locating the burial places of |
United States War Veterans, the different Veteran |
organizations, their auxiliaries and affiliated organizations |
in the State of Illinois are authorized, without expense to |
the State, to collect the required data and prepare and file |
with the Department of Veterans Veterans' Affairs the |
information provided for in Section 1 hereof. For filing and |
recording this report, the Department of Veterans Veterans' |
Affairs may charge a fee of 25 cents for a single report and |
not to exceed 50 cents per folio for reports containing more |
than one name and more than one folio. A representative of the |
Department of Veterans Veterans' Affairs may visit cemeteries |
of the State or resort to any other reliable means to locate |
the burial places of United States War Veterans. |
(Source: P.A. 100-143, eff. 1-1-18.) |
(330 ILCS 110/3.1) (from Ch. 21, par. 59c1) |
Sec. 3.1. The Department of Veterans Veterans' Affairs |
shall promulgate rules and procedures reasonably necessary for |
the administration of this Act. |
|
(Source: P.A. 86-506.) |
Section 385. The Veterans' Health Insurance Program Act of |
2008 is amended by changing Sections 10 and 25 as follows: |
(330 ILCS 126/10) |
Sec. 10. Operation of the Program. |
(a) The Veterans' Health Insurance Program is created. |
This Program is not an entitlement. Enrollment is based on the |
availability of funds, and enrollment may be capped based on |
funds appropriated for the Program. As soon as practical after |
the effective date of this Act, coverage for this Program |
shall begin. The Program shall be administered by the |
Department of Healthcare and Family Services in collaboration |
with the Department of Veterans Veterans' Affairs. The |
Department shall have the same powers and authority to |
administer the Program as are provided to the Department in |
connection with the Department's administration of the |
Illinois Public Aid Code. The Department shall coordinate the |
Program with other health programs operated by the Department |
and other State and federal agencies. |
(b) The Department shall operate the Program in a manner |
so that the estimated cost of the Program during the fiscal |
year will not exceed the total appropriation for the Program. |
The Department may take any appropriate action to limit |
spending or enrollment into the Program, including, but not |
|
limited to, ceasing to accept or process applications, |
reviewing eligibility more frequently than annually, adjusting |
cost-sharing, or reducing the income threshold for eligibility |
as necessary to control expenditures for the Program. |
(c) Notwithstanding subsections (a) and (b) and with the |
mutual agreement of the Department of Veterans Veterans' |
Affairs and the Department of Healthcare and Family Services, |
the operation of the Program may be changed to simplify its |
administration and to take advantage of health insurance |
coverage that may be available to veterans under the Patient |
Protection and Affordable Care Act. |
(Source: P.A. 98-104, eff. 7-22-13.) |
(330 ILCS 126/25) |
Sec. 25. Illinois Department of Veterans Veterans' |
Affairs. The Department shall coordinate with the Illinois |
Department of Veterans Veterans' Affairs and the Veterans |
Assistance Commissions to allow State Veterans Veterans' |
Affairs service officers and the Veterans Assistance |
Commissions to assist veterans to apply for the Program. All |
applicants must be reviewed for Veterans Health Administration |
eligibility or other existing health benefits prior to |
consideration for the Program. |
(Source: P.A. 95-755, eff. 7-25-08.) |
Section 390. The National Guard Veterans Exposure to |
|
Hazardous Materials Act is amended by changing Section 10 as |
follows: |
(330 ILCS 130/10) |
Sec. 10. Assistance in obtaining information on treatment. |
On and after October 1, 2007, the Department of Veterans |
Veterans' Affairs shall assist any eligible member or veteran |
who (i) has been assigned a risk level I, II, or III for |
depleted uranium exposure by his or her branch of service, |
(ii) is referred by a military physician, or (iii) has reason |
to believe that he or she was exposed to depleted uranium |
during such service, in obtaining information on available |
federal treatment services, including a best practice health |
screening test for exposure to depleted uranium using a |
bioassay procedure involving sensitive methods capable of |
detecting depleted uranium at low levels and the use of |
equipment with the capacity to discriminate between different |
radioisotopes in naturally occurring levels of uranium and the |
characteristic ratio and marker for depleted uranium. No State |
funds shall be used to pay for such tests or other federal |
treatment services. |
(Source: P.A. 95-597, eff. 9-11-07.) |
Section 395. The Veterans' and Military Discount Program |
Act is amended by changing Sections 10 and 20 as follows: |
|
(330 ILCS 140/10) |
Sec. 10. Veterans' and Military Discount Program. The |
Department of Veterans Veterans' Affairs shall establish and |
administer a Veterans' and Military Discount Program that |
enables veterans, active duty military personnel, and those |
spouses and dependents of veterans and military personnel who |
have been issued a valid Military ID card or Military |
Dependent ID card to use the following photo identification at |
participating merchants to receive a discount on goods and |
services or to receive another appropriate money-saving |
promotion of a merchant's choice: |
(1) veterans who have a valid driver's license or |
Illinois Identification Card issued pursuant to subsection |
(e) of Section 6-106 of the Illinois Vehicle Code or |
subsection (c-5) of Section 4 of the Illinois |
Identification Card Act; |
(2) active duty military personnel who have a valid |
Common Access Card issued by the U.S. Department of |
Defense indicating the cardholder's active duty status; |
and |
(3) those spouses and dependents of veterans and |
military personnel who have been issued a valid Military |
ID card or Military Dependent ID card. |
(Source: P.A. 101-335, eff. 8-9-19.) |
(330 ILCS 140/20) |
|
Sec. 20. Rules. The Department of Veterans Veterans' |
Affairs shall adopt any rules necessary to implement this Act. |
(Source: P.A. 99-374, eff. 8-17-15.) |
Section 400. The Smoke Free Illinois Act is amended by |
changing Section 35 as follows: |
(410 ILCS 82/35) |
Sec. 35. Exemptions. Notwithstanding any other provision |
of this Act, smoking is allowed in the following areas: |
(1) Private residences or dwelling places, except when |
used as a child care, adult day care, or healthcare |
facility or any other home-based business open to the |
public. |
(2) Retail tobacco stores as defined in Section 10 of |
this Act in operation prior to January 1, 2008 (the |
effective date of Public Act 95-17). The retail tobacco |
store shall annually file with the Department by January |
31st an affidavit stating the percentage of its gross |
income during the prior calendar year that was derived |
from the sale of loose tobacco, plants, or herbs and |
cigars, cigarettes, pipes, or other smoking devices for |
smoking tobacco and related smoking accessories. Any |
retail tobacco store that begins operation after January |
1, 2008 (the effective date of Public Act 95-17) may only |
qualify for an exemption if located in a freestanding |
|
structure occupied solely by the business and smoke from |
the business does not migrate into an enclosed area where |
smoking is prohibited. A retail tobacco store that derives |
at least 80% of its gross revenue from the sale of |
electronic cigarettes and electronic cigarette equipment |
and accessories in operation before January 1, 2024 (the |
effective date of Public Act 103-272) qualifies for this |
exemption for electronic cigarettes only. A retail tobacco |
store claiming an exemption for electronic cigarettes |
shall annually file with the Department by January 31 an |
affidavit stating the percentage of its gross income |
during the prior calendar year that was derived from the |
sale of electronic cigarettes. A retail tobacco store may, |
with authorization or permission from a unit of local |
government, including a home rule unit, or any non-home |
rule county within the unincorporated territory of the |
county, allow the on-premises consumption of cannabis in |
specially designated areas. |
(3) (Blank). |
(4) Hotel and motel sleeping rooms that are rented to |
guests and are designated as smoking rooms, provided that |
all smoking rooms on the same floor must be contiguous and |
smoke from these rooms must not infiltrate into nonsmoking |
rooms or other areas where smoking is prohibited. Not more |
than 25% of the rooms rented to guests in a hotel or motel |
may be designated as rooms where smoking is allowed. The |
|
status of rooms as smoking or nonsmoking may not be |
changed, except to permanently add additional nonsmoking |
rooms. |
(5) Enclosed laboratories that are excluded from the |
definition of "place of employment" in Section 10 of this |
Act. Rulemaking authority to implement Public Act 95-1029, |
if any, is conditioned on the rules being adopted in |
accordance with all provisions of the Illinois |
Administrative Procedure Act and all rules and procedures |
of the Joint Committee on Administrative Rules; any |
purported rule not so adopted, for whatever reason, is |
unauthorized. |
(6) Common smoking rooms in long-term care facilities |
operated under the authority of the Illinois Department of |
Veterans Veterans' Affairs or licensed under the Nursing |
Home Care Act that are accessible only to residents who |
are smokers and have requested in writing to have access |
to the common smoking room where smoking is permitted and |
the smoke shall not infiltrate other areas of the |
long-term care facility. Rulemaking authority to implement |
Public Act 95-1029, if any, is conditioned on the rules |
being adopted in accordance with all provisions of the |
Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; |
any purported rule not so adopted, for whatever reason, is |
unauthorized. |
|
(7) A convention hall of the Donald E. Stephens |
Convention Center where a meeting or trade show for |
manufacturers and suppliers of tobacco and tobacco |
products and accessories is being held, during the time |
the meeting or trade show is occurring, if the meeting or |
trade show: |
(i) is a trade-only event and not open to the |
public; |
(ii) is limited to attendees and exhibitors that |
are 21 years of age or older; |
(iii) is being produced or organized by a business |
relating to tobacco or a professional association for |
convenience stores; and |
(iv) involves the display of tobacco products. |
Smoking is not allowed in any public area outside of |
the hall designated for the meeting or trade show. |
This paragraph (7) is inoperative on and after October |
1, 2015. |
(8) A dispensing organization, as defined in the |
Cannabis Regulation and Tax Act, authorized or permitted |
by a unit local government to allow on-site consumption of |
cannabis, if the establishment: (1) maintains a specially |
designated area or areas for the purpose of heating, |
burning, smoking, or lighting cannabis; (2) is limited to |
individuals 21 or older; and (3) maintains a locked door |
or barrier to any specially designated areas for the |
|
purpose of heating, burning, smoking or lighting cannabis. |
(Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.) |
Section 410. The Vital Records Act is amended by changing |
Section 18 as follows: |
(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18) |
Sec. 18. (1) Each death which occurs in this State shall be |
registered by filing a death certificate with the local |
registrar of the district in which the death occurred or the |
body was found, within 7 days after such death (within 5 days |
if the death occurs prior to January 1, 1989) and prior to |
cremation or removal of the body from the State, except when |
death is subject to investigation by the coroner or medical |
examiner. If a death occurs in this State in a county outside |
the deceased's county of residence, the local registrar of the |
district in which the death certificate was filed shall, |
within 7 days of its filing, send a copy of the death |
certificate to the local registrar in the district where the |
deceased's county of residence is located. |
(a) For the purposes of this Section, if the place of |
death is unknown, a death certificate shall be filed in |
the registration district in which a dead body is found, |
which shall be considered the place of death. |
(b) When a death occurs on a moving conveyance, the |
place where the body is first removed from the conveyance |
|
shall be considered the place of death and a death |
certificate shall be filed in the registration district in |
which such place is located. |
(c) The funeral director who first assumes custody of |
a dead body shall be responsible for filing a completed |
death certificate. He or she shall obtain the personal |
data from the next of kin or the best qualified person or |
source available; he or she shall enter on the certificate |
the name, relationship, and address of the informant; he |
or she shall enter the date, place, and method of final |
disposition; he or she shall affix his or her own |
signature and enter his or her address; and shall present |
the certificate to the person responsible for completing |
the medical certification of cause of death. The person |
responsible for completing the medical certification of |
cause of death must note the presence of |
methicillin-resistant staphylococcus aureus, clostridium |
difficile, or vancomycin-resistant enterococci if it is a |
contributing factor to or the cause of death. Additional |
multi-drug resistant organisms (MDROs) may be added to |
this list by the Department by rule. |
(2) The medical certification shall be completed and |
signed within 48 hours after death by the certifying health |
care professional who, within 12 months prior to the date of |
the patient's death, was treating or managing treatment of the |
patient's illness or condition which resulted in death, except |
|
when death is subject to the coroner's or medical examiner's |
investigation. In the absence of the certifying health care |
professional or with his or her approval, the medical |
certificate may be completed and signed by his or her |
associate physician, advanced practice registered nurse, or |
physician assistant, the chief medical officer of the |
institution in which death occurred, or the physician who |
performed an autopsy upon the decedent. |
(3) When a death occurs without medical attendance, or |
when it is otherwise subject to the coroner's or medical |
examiner's investigation, the coroner or medical examiner |
shall be responsible for the completion of a coroner's or |
medical examiner's certificate of death and shall sign the |
medical certification within 48 hours after death, except as |
provided by regulation in special problem cases. If the |
decedent was under the age of 18 years at the time of his or |
her death, and the death was due to injuries suffered as a |
result of a motor vehicle backing over a child, or if the death |
occurred due to the power window of a motor vehicle, the |
coroner or medical examiner must send a copy of the medical |
certification, with information documenting that the death was |
due to a vehicle backing over the child or that the death was |
caused by a power window of a vehicle, to the Department of |
Children and Family Services. The Department of Children and |
Family Services shall (i) collect this information for use by |
Child Death Review Teams and (ii) compile and maintain this |
|
information as part of its Annual Child Death Review Team |
Report to the General Assembly. |
(3.5) The medical certification of cause of death shall |
expressly provide an opportunity for the person completing the |
certification to indicate that the death was caused in whole |
or in part by a dementia-related disease, Parkinson's Disease, |
or Parkinson-Dementia Complex. |
(4) When the deceased was a veteran of any war of the |
United States, the funeral director shall prepare a |
"Certificate of Burial of U. S. War Veteran", as prescribed |
and furnished by the Illinois Department of Veterans Veterans' |
Affairs, and submit such certificate to the Illinois |
Department of Veterans Veterans' Affairs monthly. |
(5) When a death is presumed to have occurred in this State |
but the body cannot be located, a death certificate may be |
prepared by the State Registrar upon receipt of an order of a |
court of competent jurisdiction which includes the finding of |
facts required to complete the death certificate. Such death |
certificate shall be marked "Presumptive" and shall show on |
its face the date of the registration and shall identify the |
court and the date of the judgment. |
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23; |
103-154, eff. 6-30-23; 103-741, eff. 8-2-24.) |
Section 420. The Fish and Aquatic Life Code is amended by |
changing Sections 15-5 and 20-5 as follows: |
|
(515 ILCS 5/15-5) (from Ch. 56, par. 15-5) |
Sec. 15-5. Commercial fisherman; license requirement. |
(a) A "commercial fisherman" is defined as any individual |
who uses any of the commercial fishing devices as defined by |
this Code for the taking of any aquatic life, except mussels, |
protected by the terms of this Code. |
(b) All commercial fishermen shall have a commercial |
fishing license. In addition to a commercial fishing license, |
a commercial fisherman shall also obtain a sport fishing |
license. All individuals assisting a licensed commercial |
fisherman in taking aquatic life, except mussels, from any |
waters of the State must have a commercial fishing license |
unless these individuals are under the direct supervision of |
and aboard the same watercraft as the licensed commercial |
fisherman. An individual assisting a licensed commercial |
fisherman must first obtain a sport fishing license. |
(c) Notwithstanding any other provision of law to the |
contrary, blind residents or residents with a disability may |
fish with commercial fishing devices without holding a sports |
fishing license. For the purpose of this Section, an |
individual is blind or has a disability if that individual has |
a Class 2 disability as defined in Section 4A of the Illinois |
Identification Card Act. For the purposes of this Section, an |
Illinois person with a Disability Identification Card issued |
under the Illinois Identification Card Act indicating that the |
|
individual named on the card has a Class 2 disability shall be |
adequate documentation of a disability. |
(d) Notwithstanding any other provision of law to the |
contrary, a veteran who, according to the determination of the |
federal Veterans' Administration as certified by the |
Department of Veterans Veterans' Affairs, is at least 10% |
disabled with service-related disabilities or in receipt of |
total disability pensions may fish with commercial fishing |
devices without holding a sports fishing license during those |
periods of the year that it is lawful to fish with commercial |
fishing devices, if the respective disabilities do not prevent |
the veteran from fishing in a manner that is safe to him or |
herself and others. |
(e) A "Lake Michigan commercial fisherman" is defined as |
an individual who resides in this State or an Illinois |
corporation who uses any of the commercial fishing devices as |
defined by this Code for the taking of aquatic life, except |
mussels, protected by the terms of this Code. |
(f) For purposes of this Section, an act or omission that |
constitutes a violation committed by an officer, employee, or |
agent of a corporation shall be deemed the act or omission of |
the corporation. |
(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15; |
99-143, eff. 7-27-15.) |
(515 ILCS 5/20-5) (from Ch. 56, par. 20-5) |
|
Sec. 20-5. Necessity of license; exemptions. |
(a) Any person taking or attempting to take any fish, |
including minnows for commercial purposes, turtles, mussels, |
crayfish, or frogs by any means whatever in any waters or lands |
wholly or in part within the jurisdiction of the State, |
including that part of Lake Michigan under the jurisdiction of |
this State, shall first obtain a license to do so, and shall do |
so only during the respective periods of the year when it shall |
be lawful as provided in this Code. Individuals under 16, |
blind residents or residents with a disability, or individuals |
fishing at fee fishing areas licensed by the Department, |
however, may fish with sport fishing devices without being |
required to have a license. For the purpose of this Section an |
individual is blind or has a disability if that individual has |
a Class 2 disability as defined in Section 4A of the Illinois |
Identification Card Act. For purposes of this Section an |
Illinois Person with a Disability Identification Card issued |
under the Illinois Identification Card Act indicating that the |
individual named on the card has a Class 2 disability shall be |
adequate documentation of a disability. |
(b) A courtesy non-resident sport fishing license or stamp |
may be issued at the discretion of the Director, without fee, |
to (i) any individual officially employed in the wildlife and |
fish or conservation department of another state or of the |
United States who is within the State to assist or consult or |
cooperate with the Director or (ii) the officials of other |
|
states, the United States, foreign countries, or officers or |
representatives of conservation organizations or publications |
while in the State as guests of the Governor or Director. |
(c) The Director may issue special fishing permits without |
cost to groups of hospital patients or to individuals with |
disabilities for use on specified dates in connection with |
supervised fishing for therapy. |
(d) Veterans who, according to the determination of the |
Veterans' Administration as certified by the Department of |
Veterans Veterans' Affairs, are at least 10% disabled with |
service-related disabilities or in receipt of total disability |
pensions may fish with sport fishing devices during those |
periods of the year it is lawful to do so without being |
required to have a license, on the condition that their |
respective disabilities do not prevent them from fishing in a |
manner which is safe to themselves and others. |
(e) Each year the Director may designate a period, not to |
exceed 4 days in duration, when sport fishermen may fish |
waters wholly or in part within the jurisdiction of the State, |
including that part of Lake Michigan under the jurisdiction of |
the State, and not be required to obtain the license or stamp |
required by subsection (a) of this Section, Section 20-10 or |
subsection (a) of Section 20-55. The term of any such period |
shall be established by administrative rule. This subsection |
shall not apply to commercial fishing. |
(f) The Director may issue special fishing permits without |
|
cost for a group event, restricted to specific dates and |
locations if it is determined by the Department that the event |
is beneficial in promoting sport fishing in Illinois. |
(Source: P.A. 99-143, eff. 7-27-15.) |
Section 425. The Wildlife Code is amended by changing |
Section 3.1-2 as follows: |
(520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2) |
Sec. 3.1-2. Veterans who, according to the determination |
of the Veterans' Administration as certified by the Department |
of Veterans Veterans' Affairs, are at least 10% disabled with |
service-related disabilities or in receipt of total disability |
pensions and former prisoners of war may hunt and trap any of |
the species protected by Section 2.2, during such times, with |
such devices and by such methods as are permitted by this Act, |
without procuring hunting and trapping licenses, State Habitat |
Stamps, and State Waterfowl Stamps on the condition that their |
respective disabilities do not prevent them from hunting and |
trapping in a manner which is safe to themselves and others. |
(Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.) |
Section 435. The Illinois Vehicle Code is amended by |
changing Sections 2-123, 3-609, 3-699.14, 6-106, and 11-1301.2 |
as follows: |
|
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) |
Sec. 2-123. Sale and distribution of information. |
(a) Except as otherwise provided in this Section, the |
Secretary may make the driver's license, vehicle and title |
registration lists, in part or in whole, and any statistical |
information derived from these lists available to local |
governments, elected state officials, state educational |
institutions, and all other governmental units of the State |
and Federal Government requesting them for governmental |
purposes. The Secretary shall require any such applicant for |
services to pay for the costs of furnishing such services and |
the use of the equipment involved, and in addition is |
empowered to establish prices and charges for the services so |
furnished and for the use of the electronic equipment |
utilized. |
(b) The Secretary is further empowered to and he may, in |
his discretion, furnish to any applicant, other than listed in |
subsection (a) of this Section, vehicle or driver data on a |
computer tape, disk, other electronic format or computer |
processable medium, or printout at a fixed fee of $500, in |
advance, and require in addition a further sufficient deposit |
based upon the Secretary of State's estimate of the total cost |
of the information requested and a charge of $50, per 1,000 |
units or part thereof identified or the actual cost, whichever |
is greater. The Secretary is authorized to refund any |
difference between the additional deposit and the actual cost |
|
of the request. This service shall not be in lieu of an |
abstract of a driver's record nor of a title or registration |
search. This service may be limited to entities purchasing a |
minimum number of records as required by administrative rule. |
The information sold pursuant to this subsection shall be the |
entire vehicle or driver data list, or part thereof. The |
information sold pursuant to this subsection shall not contain |
personally identifying information unless the information is |
to be used for one of the purposes identified in subsection |
(f-5) of this Section. Commercial purchasers of driver and |
vehicle record databases shall enter into a written agreement |
with the Secretary of State that includes disclosure of the |
commercial use of the information to be purchased. |
(b-1) The Secretary is further empowered to and may, in |
his or her discretion, furnish vehicle or driver data on a |
computer tape, disk, or other electronic format or computer |
processible medium, at no fee, to any State or local |
governmental agency that uses the information provided by the |
Secretary to transmit data back to the Secretary that enables |
the Secretary to maintain accurate driving records, including |
dispositions of traffic cases. This information may be |
provided without fee not more often than once every 6 months. |
(c) Secretary of State may issue registration lists. The |
Secretary of State may compile a list of all registered |
vehicles. Each list of registered vehicles shall be arranged |
serially according to the registration numbers assigned to |
|
registered vehicles and may contain in addition the names and |
addresses of registered owners and a brief description of each |
vehicle including the serial or other identifying number |
thereof. Such compilation may be in such form as in the |
discretion of the Secretary of State may seem best for the |
purposes intended. |
(d) The Secretary of State shall furnish no more than 2 |
current available lists of such registrations to the sheriffs |
of all counties and to the chiefs of police of all cities and |
villages and towns of 2,000 population and over in this State |
at no cost. Additional copies may be purchased by the sheriffs |
or chiefs of police at the fee of $500 each or at the cost of |
producing the list as determined by the Secretary of State. |
Such lists are to be used for governmental purposes only. |
(e) (Blank). |
(e-1) (Blank). |
(f) The Secretary of State shall make a title or |
registration search of the records of his office and a written |
report on the same for any person, upon written application of |
such person, accompanied by a fee of $5 for each registration |
or title search. The written application shall set forth the |
intended use of the requested information. No fee shall be |
charged for a title or registration search, or for the |
certification thereof requested by a government agency. The |
report of the title or registration search shall not contain |
personally identifying information unless the request for a |
|
search was made for one of the purposes identified in |
subsection (f-5) of this Section. The report of the title or |
registration search shall not contain highly restricted |
personal information unless specifically authorized by this |
Code. |
The Secretary of State shall certify a title or |
registration record upon written request. The fee for |
certification shall be $5 in addition to the fee required for a |
title or registration search. Certification shall be made |
under the signature of the Secretary of State and shall be |
authenticated by Seal of the Secretary of State. |
The Secretary of State may notify the vehicle owner or |
registrant of the request for purchase of his title or |
registration information as the Secretary deems appropriate. |
No information shall be released to the requester until |
expiration of a 10-day period. This 10-day period shall not |
apply to requests for information made by law enforcement |
officials, government agencies, financial institutions, |
attorneys, insurers, employers, automobile associated |
businesses, persons licensed as a private detective or firms |
licensed as a private detective agency under the Private |
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004, who are employed by or are |
acting on behalf of law enforcement officials, government |
agencies, financial institutions, attorneys, insurers, |
employers, automobile associated businesses, and other |
|
business entities for purposes consistent with the Illinois |
Vehicle Code, the vehicle owner or registrant or other |
entities as the Secretary may exempt by rule and regulation. |
Any misrepresentation made by a requester of title or |
vehicle information shall be punishable as a petty offense, |
except in the case of persons licensed as a private detective |
or firms licensed as a private detective agency which shall be |
subject to disciplinary sanctions under Section 40-10 of the |
Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004. |
(f-5) The Secretary of State shall not disclose or |
otherwise make available to any person or entity any |
personally identifying information obtained by the Secretary |
of State in connection with a driver's license, vehicle, or |
title registration record unless the information is disclosed |
for one of the following purposes: |
(1) For use by any government agency, including any |
court or law enforcement agency, in carrying out its |
functions, or any private person or entity acting on |
behalf of a federal, State, or local agency in carrying |
out its functions. |
(2) For use in connection with matters of motor |
vehicle or driver safety and theft; motor vehicle |
emissions; motor vehicle product alterations, recalls, or |
advisories; performance monitoring of motor vehicles, |
motor vehicle parts, and dealers; and removal of non-owner |
|
records from the original owner records of motor vehicle |
manufacturers. |
(3) For use in the normal course of business by a |
legitimate business or its agents, employees, or |
contractors, but only: |
(A) to verify the accuracy of personal information |
submitted by an individual to the business or its |
agents, employees, or contractors; and |
(B) if such information as so submitted is not |
correct or is no longer correct, to obtain the correct |
information, but only for the purposes of preventing |
fraud by, pursuing legal remedies against, or |
recovering on a debt or security interest against, the |
individual. |
(4) For use in research activities and for use in |
producing statistical reports, if the personally |
identifying information is not published, redisclosed, or |
used to contact individuals. |
(5) For use in connection with any civil, criminal, |
administrative, or arbitral proceeding in any federal, |
State, or local court or agency or before any |
self-regulatory body, including the service of process, |
investigation in anticipation of litigation, and the |
execution or enforcement of judgments and orders, or |
pursuant to an order of a federal, State, or local court. |
(6) For use by any insurer or insurance support |
|
organization or by a self-insured entity or its agents, |
employees, or contractors in connection with claims |
investigation activities, antifraud activities, rating, or |
underwriting. |
(7) For use in providing notice to the owners of towed |
or impounded vehicles. |
(8) For use by any person licensed as a private |
detective or firm licensed as a private detective agency |
under the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of 2004, |
private investigative agency or security service licensed |
in Illinois for any purpose permitted under this |
subsection. |
(9) For use by an employer or its agent or insurer to |
obtain or verify information relating to a holder of a |
commercial driver's license that is required under chapter |
313 of title 49 of the United States Code. |
(10) For use in connection with the operation of |
private toll transportation facilities. |
(11) For use by any requester, if the requester |
demonstrates it has obtained the written consent of the |
individual to whom the information pertains. |
(12) For use by members of the news media, as defined |
in Section 1-148.5, for the purpose of newsgathering when |
the request relates to the operation of a motor vehicle or |
public safety. |
|
(13) For any other use specifically authorized by law, |
if that use is related to the operation of a motor vehicle |
or public safety. |
(f-6) The Secretary of State shall not disclose or |
otherwise make available to any person or entity any highly |
restricted personal information obtained by the Secretary of |
State in connection with a driver's license, vehicle, or title |
registration record unless specifically authorized by this |
Code. |
(g) 1. The Secretary of State may, upon receipt of a |
written request and a fee as set forth in Section 6-118, |
furnish to the person or agency so requesting a driver's |
record or data contained therein. Such document may include a |
record of: current driver's license issuance information, |
except that the information on judicial driving permits shall |
be available only as otherwise provided by this Code; |
convictions; orders entered revoking, suspending or cancelling |
a driver's license or privilege; and notations of crash |
involvement. All other information, unless otherwise permitted |
by this Code, shall remain confidential. Information released |
pursuant to a request for a driver's record shall not contain |
personally identifying information, unless the request for the |
driver's record was made for one of the purposes set forth in |
subsection (f-5) of this Section. The Secretary of State may, |
without fee, allow a parent or guardian of a person under the |
age of 18 years, who holds an instruction permit or graduated |
|
driver's license, to view that person's driving record online, |
through a computer connection. The parent or guardian's online |
access to the driving record will terminate when the |
instruction permit or graduated driver's license holder |
reaches the age of 18. |
2. The Secretary of State shall not disclose or otherwise |
make available to any person or entity any highly restricted |
personal information obtained by the Secretary of State in |
connection with a driver's license, vehicle, or title |
registration record unless specifically authorized by this |
Code. The Secretary of State may certify an abstract of a |
driver's record upon written request therefor. Such |
certification shall be made under the signature of the |
Secretary of State and shall be authenticated by the Seal of |
his office. |
3. All requests for driving record information shall be |
made in a manner prescribed by the Secretary and shall set |
forth the intended use of the requested information. |
The Secretary of State may notify the affected driver of |
the request for purchase of his driver's record as the |
Secretary deems appropriate. |
No information shall be released to the requester until |
expiration of a 10-day period. This 10-day period shall not |
apply to requests for information made by law enforcement |
officials, government agencies, financial institutions, |
attorneys, insurers, employers, automobile associated |
|
businesses, persons licensed as a private detective or firms |
licensed as a private detective agency under the Private |
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004, who are employed by or are |
acting on behalf of law enforcement officials, government |
agencies, financial institutions, attorneys, insurers, |
employers, automobile associated businesses, and other |
business entities for purposes consistent with the Illinois |
Vehicle Code, the affected driver or other entities as the |
Secretary may exempt by rule and regulation. |
Any misrepresentation made by a requester of driver |
information shall be punishable as a petty offense, except in |
the case of persons licensed as a private detective or firms |
licensed as a private detective agency which shall be subject |
to disciplinary sanctions under Section 40-10 of the Private |
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004. |
4. The Secretary of State may furnish without fee, upon |
the written request of a law enforcement agency, any |
information from a driver's record on file with the Secretary |
of State when such information is required in the enforcement |
of this Code or any other law relating to the operation of |
motor vehicles, including records of dispositions; documented |
information involving the use of a motor vehicle; whether such |
individual has, or previously had, a driver's license; and the |
address and personal description as reflected on said driver's |
|
record. |
5. Except as otherwise provided in this Section, the |
Secretary of State may furnish, without fee, information from |
an individual driver's record on file, if a written request |
therefor is submitted by any public transit system or |
authority, public defender, law enforcement agency, a state or |
federal agency, or an Illinois local intergovernmental |
association, if the request is for the purpose of a background |
check of applicants for employment with the requesting agency, |
or for the purpose of an official investigation conducted by |
the agency, or to determine a current address for the driver so |
public funds can be recovered or paid to the driver, or for any |
other purpose set forth in subsection (f-5) of this Section. |
The Secretary may also furnish the courts a copy of an |
abstract of a driver's record, without fee, subsequent to an |
arrest for a violation of Section 11-501 or a similar |
provision of a local ordinance. Such abstract may include |
records of dispositions; documented information involving the |
use of a motor vehicle as contained in the current file; |
whether such individual has, or previously had, a driver's |
license; and the address and personal description as reflected |
on said driver's record. |
6. Any certified abstract issued by the Secretary of State |
or transmitted electronically by the Secretary of State |
pursuant to this Section, to a court or on request of a law |
enforcement agency, for the record of a named person as to the |
|
status of the person's driver's license shall be prima facie |
evidence of the facts therein stated and if the name appearing |
in such abstract is the same as that of a person named in an |
information or warrant, such abstract shall be prima facie |
evidence that the person named in such information or warrant |
is the same person as the person named in such abstract and |
shall be admissible for any prosecution under this Code and be |
admitted as proof of any prior conviction or proof of records, |
notices, or orders recorded on individual driving records |
maintained by the Secretary of State. |
7. Subject to any restrictions contained in the Juvenile |
Court Act of 1987, and upon receipt of a proper request and a |
fee as set forth in Section 6-118, the Secretary of State shall |
provide a driver's record or data contained therein to the |
affected driver, or the affected driver's attorney, upon |
verification. Such record shall contain all the information |
referred to in paragraph 1 of this subsection (g) plus: any |
recorded crash involvement as a driver; information recorded |
pursuant to subsection (e) of Section 6-117 and paragraph (4) |
of subsection (a) of Section 6-204 of this Code. All other |
information, unless otherwise permitted by this Code, shall |
remain confidential. |
(h) The Secretary shall not disclose social security |
numbers or any associated information obtained from the Social |
Security Administration except pursuant to a written request |
by, or with the prior written consent of, the individual |
|
except: (1) to officers and employees of the Secretary who |
have a need to know the social security numbers in performance |
of their official duties, (2) to law enforcement officials for |
a civil or criminal law enforcement investigation, and if an |
officer of the law enforcement agency has made a written |
request to the Secretary specifying the law enforcement |
investigation for which the social security numbers are being |
sought, though the Secretary retains the right to require |
additional verification regarding the validity of the request, |
(3) to the United States Department of Transportation, or any |
other State, pursuant to the administration and enforcement of |
the Commercial Motor Vehicle Safety Act of 1986 or |
participation in State-to-State verification service, (4) |
pursuant to the order of a court of competent jurisdiction, |
(5) to the Department of Healthcare and Family Services |
(formerly Department of Public Aid) for utilization in the |
child support enforcement duties assigned to that Department |
under provisions of the Illinois Public Aid Code after the |
individual has received advanced meaningful notification of |
what redisclosure is sought by the Secretary in accordance |
with the federal Privacy Act, (5.5) to the Department of |
Healthcare and Family Services and the Department of Human |
Services solely for the purpose of verifying Illinois |
residency where such residency is an eligibility requirement |
for benefits under the Illinois Public Aid Code or any other |
health benefit program administered by the Department of |
|
Healthcare and Family Services or the Department of Human |
Services, (6) to the Illinois Department of Revenue solely for |
use by the Department in the collection of any tax or debt that |
the Department of Revenue is authorized or required by law to |
collect, provided that the Department shall not disclose the |
social security number to any person or entity outside of the |
Department, (7) to the Illinois Department of Veterans |
Veterans' Affairs for the purpose of confirming veteran |
status, or (8) the last 4 digits to the Illinois State Board of |
Elections for purposes of voter registration and as may be |
required pursuant to an agreement for a multi-state voter |
registration list maintenance system. If social security |
information is disclosed by the Secretary in accordance with |
this Section, no liability shall rest with the Office of the |
Secretary of State or any of its officers or employees, as the |
information is released for official purposes only. |
(i) (Blank). |
(j) Medical statements or medical reports received in the |
Secretary of State's Office shall be confidential. Except as |
provided in this Section, no confidential information may be |
open to public inspection or the contents disclosed to anyone, |
except officers and employees of the Secretary who have a need |
to know the information contained in the medical reports and |
the Driver License Medical Advisory Board, unless so directed |
by an order of a court of competent jurisdiction. If the |
Secretary receives a medical report regarding a driver that |
|
does not address a medical condition contained in a previous |
medical report, the Secretary may disclose the unaddressed |
medical condition to the driver or his or her physician, or |
both, solely for the purpose of submission of a medical report |
that addresses the condition. |
(k) Beginning July 1, 2023, disbursement of fees collected |
under this Section shall be as follows: (1) of the $20 fee for |
a driver's record, $11 shall be paid into the Secretary of |
State Special Services Fund, and $6 shall be paid into the |
General Revenue Fund; (2) 50% of the amounts collected under |
subsection (b) shall be paid into the General Revenue Fund; |
and (3) all remaining fees shall be disbursed under subsection |
(g) of Section 2-119 of this Code. |
(l) (Blank). |
(m) Notations of crash involvement that may be disclosed |
under this Section shall not include notations relating to |
damage to a vehicle or other property being transported by a |
tow truck. This information shall remain confidential, |
provided that nothing in this subsection (m) shall limit |
disclosure of any notification of crash involvement to any law |
enforcement agency or official. |
(n) Requests made by the news media for driver's license, |
vehicle, or title registration information may be furnished |
without charge or at a reduced charge, as determined by the |
Secretary, when the specific purpose for requesting the |
documents is deemed to be in the public interest. Waiver or |
|
reduction of the fee is in the public interest if the principal |
purpose of the request is to access and disseminate |
information regarding the health, safety, and welfare or the |
legal rights of the general public and is not for the principal |
purpose of gaining a personal or commercial benefit. The |
information provided pursuant to this subsection shall not |
contain personally identifying information unless the |
information is to be used for one of the purposes identified in |
subsection (f-5) of this Section. |
(o) The redisclosure of personally identifying information |
obtained pursuant to this Section is prohibited, except to the |
extent necessary to effectuate the purpose for which the |
original disclosure of the information was permitted. |
(p) The Secretary of State is empowered to adopt rules to |
effectuate this Section. |
(Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.) |
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) |
Sec. 3-609. Plates for veterans with disabilities. |
(a) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and who has obtained certification from a licensed |
physician, physician assistant, or advanced practice |
registered nurse that the service-connected disability |
qualifies the veteran for issuance of registration plates or |
digital registration plates or decals to a person with |
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disabilities in accordance with Section 3-616, may, without |
the payment of any registration fee, make application to the |
Secretary of State for license plates for veterans with |
disabilities displaying the international symbol of access, |
for the registration of one motor vehicle of the first |
division, one motorcycle, or one motor vehicle of the second |
division weighing not more than 8,000 pounds. |
(b) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and whose degree of disability has been declared to |
be 50% or more, but whose disability does not qualify the |
veteran for a plate or decal for persons with disabilities |
under Section 3-616, may, without the payment of any |
registration fee, make application to the Secretary for a |
special registration plate or digital registration plate |
without the international symbol of access for the |
registration of one motor vehicle of the first division, one |
motorcycle, or one motor vehicle of the second division |
weighing not more than 8,000 pounds. |
(c) Renewal of such registration must be accompanied with |
documentation for eligibility of registration without fee |
unless the applicant has a permanent qualifying disability, |
and such registration plates or digital registration plates |
may not be issued to any person not eligible therefor. The |
Illinois Department of Veterans Veterans' Affairs may assist |
in providing the documentation of disability. |
|
(d) The design and color of the plates shall be within the |
discretion of the Secretary, except that the plates issued |
under subsection (b) of this Section shall not contain the |
international symbol of access. The Secretary may, in his or |
her discretion, allow the plates to be issued as vanity or |
personalized plates in accordance with Section 3-405.1 of this |
Code. Registration shall be for a multi-year period and may be |
issued staggered registration. |
(e) Any person eligible to receive license plates under |
this Section who has been approved for benefits under the |
Senior Citizens and Persons with Disabilities Property Tax |
Relief Act, or who has claimed and received a grant under that |
Act, shall pay a fee of $24 instead of the fee otherwise |
provided in this Code for passenger cars displaying standard |
multi-year registration plates or digital registration plates |
issued under Section 3-414.1, for motor vehicles registered at |
8,000 pounds or less under Section 3-815(a), or for |
recreational vehicles registered at 8,000 pounds or less under |
Section 3-815(b), for a second set of plates under this |
Section. |
(f) With respect to the supporting documentation required |
to obtain a plate under this Section, the Secretary shall |
allow an applicant to redact information on the documentation |
that pertains to the nature of the applicant's health issue, |
unless that information is necessary to confirm that the |
applicant's disability is service-connected or to establish |
|
the degree of the applicant's service-connected disability. |
(Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; |
102-273, eff. 8-6-21; 102-558, eff. 8-20-21.) |
(625 ILCS 5/3-699.14) |
Sec. 3-699.14. Universal special license plates. |
(a) In addition to any other special license plate, the |
Secretary, upon receipt of all applicable fees and |
applications made in the form prescribed by the Secretary, may |
issue Universal special license plates to residents of |
Illinois on behalf of organizations that have been authorized |
by the General Assembly to issue decals for Universal special |
license plates. Appropriate documentation, as determined by |
the Secretary, shall accompany each application. Authorized |
organizations shall be designated by amendment to this |
Section. When applying for a Universal special license plate |
the applicant shall inform the Secretary of the name of the |
authorized organization from which the applicant will obtain a |
decal to place on the plate. The Secretary shall make a record |
of that organization and that organization shall remain |
affiliated with that plate until the plate is surrendered, |
revoked, or otherwise cancelled. The authorized organization |
may charge a fee to offset the cost of producing and |
distributing the decal, but that fee shall be retained by the |
authorized organization and shall be separate and distinct |
from any registration fees charged by the Secretary. No decal, |
|
sticker, or other material may be affixed to a Universal |
special license plate other than a decal authorized by the |
General Assembly in this Section or a registration renewal |
sticker. The special plates issued under this Section shall be |
affixed only to passenger vehicles of the first division, |
including motorcycles and autocycles, or motor vehicles of the |
second division weighing not more than 8,000 pounds. Plates |
issued under this Section shall expire according to the |
multi-year procedure under Section 3-414.1 of this Code. |
(b) The design, color, and format of the Universal special |
license plate shall be wholly within the discretion of the |
Secretary. Universal special license plates are not required |
to designate "Land of Lincoln", as prescribed in subsection |
(b) of Section 3-412 of this Code. The design shall allow for |
the application of a decal to the plate. Organizations |
authorized by the General Assembly to issue decals for |
Universal special license plates shall comply with rules |
adopted by the Secretary governing the requirements for and |
approval of Universal special license plate decals. The |
Secretary may, in his or her discretion, allow Universal |
special license plates to be issued as vanity or personalized |
plates in accordance with Section 3-405.1 of this Code. The |
Secretary of State must make a version of the special |
registration plates authorized under this Section in a form |
appropriate for motorcycles and autocycles. |
(c) When authorizing a Universal special license plate, |
|
the General Assembly shall set forth whether an additional fee |
is to be charged for the plate and, if a fee is to be charged, |
the amount of the fee and how the fee is to be distributed. |
When necessary, the authorizing language shall create a |
special fund in the State treasury into which fees may be |
deposited for an authorized Universal special license plate. |
Additional fees may only be charged if the fee is to be paid |
over to a State agency or to a charitable entity that is in |
compliance with the registration and reporting requirements of |
the Charitable Trust Act and the Solicitation for Charity Act. |
Any charitable entity receiving fees for the sale of Universal |
special license plates shall annually provide the Secretary of |
State a letter of compliance issued by the Attorney General |
verifying that the entity is in compliance with the Charitable |
Trust Act and the Solicitation for Charity Act. |
(d) Upon original issuance and for each registration |
renewal period, in addition to the appropriate registration |
fee, if applicable, the Secretary shall collect any additional |
fees, if required, for issuance of Universal special license |
plates. The fees shall be collected on behalf of the |
organization designated by the applicant when applying for the |
plate. All fees collected shall be transferred to the State |
agency on whose behalf the fees were collected, or paid into |
the special fund designated in the law authorizing the |
organization to issue decals for Universal special license |
plates. All money in the designated fund shall be distributed |
|
by the Secretary subject to appropriation by the General |
Assembly. |
(e) The following organizations may issue decals for |
Universal special license plates with the original and renewal |
fees and fee distribution as follows: |
(1) The Illinois Department of Natural Resources. |
(A) Original issuance: $25; with $10 to the |
Roadside Monarch Habitat Fund and $15 to the Secretary |
of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Roadside Monarch |
Habitat Fund and $2 to the Secretary of State Special |
License Plate Fund. |
(2) Illinois Veterans' Homes. |
(A) Original issuance: $26, which shall be |
deposited into the Illinois Veterans' Homes Fund. |
(B) Renewal: $26, which shall be deposited into |
the Illinois Veterans' Homes Fund. |
(3) The Illinois Department of Human Services for |
volunteerism decals. |
(A) Original issuance: $25, which shall be |
deposited into the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $25, which shall be deposited into |
the Secretary of State Special License Plate Fund. |
(4) The Illinois Department of Public Health. |
(A) Original issuance: $25; with $10 to the |
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Prostate Cancer Awareness Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Prostate Cancer |
Awareness Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(5) Horsemen's Council of Illinois. |
(A) Original issuance: $25; with $10 to the |
Horsemen's Council of Illinois Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Horsemen's |
Council of Illinois Fund and $2 to the Secretary of |
State Special License Plate Fund. |
(6) K9s for Veterans, NFP. |
(A) Original issuance: $25; with $10 to the |
Post-Traumatic Stress Disorder Awareness Fund and $15 |
to the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Post-Traumatic |
Stress Disorder Awareness Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(7) The International Association of Machinists and |
Aerospace Workers. |
(A) Original issuance: $35; with $20 to the Guide |
Dogs of America Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $25; with $23 going to the Guide Dogs |
of America Fund and $2 to the Secretary of State |
|
Special License Plate Fund. |
(8) Local Lodge 701 of the International Association |
of Machinists and Aerospace Workers. |
(A) Original issuance: $35; with $10 to the Guide |
Dogs of America Fund, $10 to the Mechanics Training |
Fund, and $15 to the Secretary of State Special |
License Plate Fund. |
(B) Renewal: $30; with $13 to the Guide Dogs of |
America Fund, $15 to the Mechanics Training Fund, and |
$2 to the Secretary of State Special License Plate |
Fund. |
(9) Illinois Department of Human Services. |
(A) Original issuance: $25; with $10 to the |
Theresa Tracy Trot - Illinois CancerCare Foundation |
Fund and $15 to the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $25; with $23 to the Theresa Tracy |
Trot - Illinois CancerCare Foundation Fund and $2 to |
the Secretary of State Special License Plate Fund. |
(10) The Illinois Department of Human Services for |
developmental disabilities awareness decals. |
(A) Original issuance: $25; with $10 to the |
Developmental Disabilities Awareness Fund and $15 to |
the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Developmental |
Disabilities Awareness Fund and $2 to the Secretary of |
|
State Special License Plate Fund. |
(11) The Illinois Department of Human Services for |
pediatric cancer awareness decals. |
(A) Original issuance: $25; with $10 to the |
Pediatric Cancer Awareness Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Pediatric Cancer |
Awareness Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(12) The Department of Veterans Veterans' Affairs for |
Fold of Honor decals. |
(A) Original issuance: $25; with $10 to the Folds |
of Honor Foundation Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Folds of Honor |
Foundation Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(13) The Illinois chapters of the Experimental |
Aircraft Association for aviation enthusiast decals. |
(A) Original issuance: $25; with $10 to the |
Experimental Aircraft Association Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Experimental |
Aircraft Association Fund and $2 to the Secretary of |
State Special License Plate Fund. |
(14) The Illinois Department of Human Services for |
|
Child Abuse Council of the Quad Cities decals. |
(A) Original issuance: $25; with $10 to the Child |
Abuse Council of the Quad Cities Fund and $15 to the |
Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Child Abuse |
Council of the Quad Cities Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(15) The Illinois Department of Public Health for |
health care worker decals. |
(A) Original issuance: $25; with $10 to the |
Illinois Health Care Workers Benefit Fund, and $15 to |
the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Illinois Health |
Care Workers Benefit Fund and $2 to the Secretary of |
State Special License Plate Fund. |
(16) The Department of Agriculture for Future Farmers |
of America decals. |
(A) Original issuance: $25; with $10 to the Future |
Farmers of America Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Future Farmers |
of America Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(17) The Illinois Department of Public Health for |
autism awareness decals that are designed with input from |
autism advocacy organizations. |
|
(A) Original issuance: $25; with $10 to the Autism |
Awareness Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Autism Awareness |
Fund and $2 to the Secretary of State Special License |
Plate Fund. |
(18) The Department of Natural Resources for Lyme |
disease research decals. |
(A) Original issuance: $25; with $10 to the Tick |
Research, Education, and Evaluation Fund and $15 to |
the Secretary of State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Tick Research, |
Education, and Evaluation Fund and $2 to the Secretary |
of State Special License Plate Fund. |
(19) The IBEW Thank a Line Worker decal. |
(A) Original issuance: $15, which shall be |
deposited into the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $2, which shall be deposited into the |
Secretary of State Special License Plate Fund. |
(20) An Illinois chapter of the Navy Club for Navy |
Club decals. |
(A) Original issuance: $5; which shall be |
deposited into the Navy Club Fund. |
(B) Renewal: $18; which shall be deposited into |
the Navy Club Fund. |
|
(21) (20) An Illinois chapter of the International |
Brotherhood of Electrical Workers for International |
Brotherhood of Electrical Workers decal. |
(A) Original issuance: $25; with $10 to the |
International Brotherhood of Electrical Workers Fund |
and $15 to the Secretary of State Special License |
Plate Fund. |
(B) Renewal: $25; with $23 to the International |
Brotherhood of Electrical Workers Fund and $2 to the |
Secretary of State Special License Plate Fund. |
(22) (20) The 100 Club of Illinois decal. |
(A) Original issuance: $45; with $30 to the 100 |
Club of Illinois Fund and $15 to the Secretary of State |
Special License Plate Fund. |
(B) Renewal: $27; with $25 to the 100 Club of |
Illinois Fund and $2 to the Secretary of State Special |
License Plate Fund. |
(23) (20) The Illinois USTA/Midwest Youth Tennis |
Foundation decal. |
(A) Original issuance: $40; with $25 to the |
Illinois USTA/Midwest Youth Tennis Foundation Fund and |
$15 to the Secretary of State Special License Plate |
Fund. |
(B) Renewal: $40; with $38 to the Illinois |
USTA/Midwest Youth Tennis Foundation Fund and $2 to |
the Secretary of State Special License Plate Fund. |
|
(24) (20) The Sons of the American Legion decal. |
(A) Original issuance: $25; with $10 to the Sons |
of the American Legion Fund and $15 to the Secretary of |
State Special License Plate Fund. |
(B) Renewal: $25; with $23 to the Sons of the |
American Legion Fund and $2 to the Secretary of State |
Special License Plate Fund. |
(f) The following funds are created as special funds in |
the State treasury: |
(1) The Roadside Monarch Habitat Fund. All money in |
the Roadside Monarch Habitat Fund shall be paid as grants |
to the Illinois Department of Natural Resources to fund |
roadside monarch and other pollinator habitat development, |
enhancement, and restoration projects in this State. |
(2) The Prostate Cancer Awareness Fund. All money in |
the Prostate Cancer Awareness Fund shall be paid as grants |
to the Prostate Cancer Foundation of Chicago. |
(3) The Horsemen's Council of Illinois Fund. All money |
in the Horsemen's Council of Illinois Fund shall be paid |
as grants to the Horsemen's Council of Illinois. |
(4) The Post-Traumatic Stress Disorder Awareness Fund. |
All money in the Post-Traumatic Stress Disorder Awareness |
Fund shall be paid as grants to K9s for Veterans, NFP for |
support, education, and awareness of veterans with |
post-traumatic stress disorder. |
(5) The Guide Dogs of America Fund. All money in the |
|
Guide Dogs of America Fund shall be paid as grants to the |
International Guiding Eyes, Inc., doing business as Guide |
Dogs of America. |
(6) The Mechanics Training Fund. All money in the |
Mechanics Training Fund shall be paid as grants to the |
Mechanics Local 701 Training Fund. |
(7) The Theresa Tracy Trot - Illinois CancerCare |
Foundation Fund. All money in the Theresa Tracy Trot - |
Illinois CancerCare Foundation Fund shall be paid to the |
Illinois CancerCare Foundation for the purpose of |
furthering pancreatic cancer research. |
(8) The Developmental Disabilities Awareness Fund. All |
money in the Developmental Disabilities Awareness Fund |
shall be paid as grants to the Illinois Department of |
Human Services to fund legal aid groups to assist with |
guardianship fees for private citizens willing to become |
guardians for individuals with developmental disabilities |
but who are unable to pay the legal fees associated with |
becoming a guardian. |
(9) The Pediatric Cancer Awareness Fund. All money in |
the Pediatric Cancer Awareness Fund shall be paid as |
grants to the Cancer Center at Illinois for pediatric |
cancer treatment and research. |
(10) The Folds of Honor Foundation Fund. All money in |
the Folds of Honor Foundation Fund shall be paid as grants |
to the Folds of Honor Foundation to aid in providing |
|
educational scholarships to military families. |
(11) The Experimental Aircraft Association Fund. All |
money in the Experimental Aircraft Association Fund shall |
be paid, subject to appropriation by the General Assembly |
and distribution by the Secretary, as grants to promote |
recreational aviation. |
(12) The Child Abuse Council of the Quad Cities Fund. |
All money in the Child Abuse Council of the Quad Cities |
Fund shall be paid as grants to benefit the Child Abuse |
Council of the Quad Cities. |
(13) The Illinois Health Care Workers Benefit Fund. |
All money in the Illinois Health Care Workers Benefit Fund |
shall be paid as grants to the Trinity Health Foundation |
for the benefit of health care workers, doctors, nurses, |
and others who work in the health care industry in this |
State. |
(14) The Future Farmers of America Fund. All money in |
the Future Farmers of America Fund shall be paid as grants |
to the Illinois Association of Future Farmers of America. |
(15) The Tick Research, Education, and Evaluation |
Fund. All money in the Tick Research, Education, and |
Evaluation Fund shall be paid as grants to the Illinois |
Lyme Association. |
(16) The Navy Club Fund. All money in the Navy Club |
Fund shall be paid as grants to any local chapter of the |
Navy Club that is located in this State. |
|
(17) (16) The International Brotherhood of Electrical |
Workers Fund. All money in the International Brotherhood |
of Electrical Workers Fund shall be paid as grants to any |
local chapter of the International Brotherhood of |
Electrical Workers that is located in this State. |
(18) (16) The 100 Club of Illinois Fund. All money in |
the 100 Club of Illinois Fund shall be paid as grants to |
the 100 Club of Illinois for the purpose of giving |
financial support to children and spouses of first |
responders killed in the line of duty and mental health |
resources for active duty first responders. |
(19) (16) The Illinois USTA/Midwest Youth Tennis |
Foundation Fund. All money in the Illinois USTA/Midwest |
Youth Tennis Foundation Fund shall be paid as grants to |
Illinois USTA/Midwest Youth Tennis Foundation to aid |
USTA/Midwest districts in the State with exposing youth to |
the game of tennis. |
(20) (16) The Sons of the American Legion Fund. All |
money in the Sons of the American Legion Fund shall be paid |
as grants to the Illinois Detachment of the Sons of the |
American Legion. |
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; |
102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. |
8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, |
eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; |
103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. |
|
1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, |
eff. 1-1-25; revised 11-26-24.) |
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) |
Sec. 6-106. Application for license or instruction permit. |
(a) Every application for any permit or license authorized |
to be issued under this Code shall be made upon a form |
furnished by the Secretary of State. Every application shall |
be accompanied by the proper fee and payment of such fee shall |
entitle the applicant to not more than 3 attempts to pass the |
examination within a period of one year after the date of |
application. |
(b) Every application shall state the legal name, zip |
code, date of birth, sex, and residence address of the |
applicant; briefly describe the applicant; state whether the |
applicant has theretofore been licensed as a driver, and, if |
so, when and by what state or country, and whether any such |
license has ever been cancelled, suspended, revoked or |
refused, and, if so, the date and reason for such |
cancellation, suspension, revocation or refusal; shall include |
an affirmation by the applicant that all information set forth |
is true and correct; and shall bear the applicant's signature. |
In addition to the residence address, the Secretary may allow |
the applicant to provide a mailing address. In the case of an |
applicant who is a judicial officer or peace officer, the |
Secretary may allow the applicant to provide an office or work |
|
address in lieu of a residence or mailing address. The |
application form may also require the statement of such |
additional relevant information as the Secretary of State |
shall deem necessary to determine the applicant's competency |
and eligibility. The Secretary of State may, in his |
discretion, by rule or regulation, provide that an application |
for a drivers license or permit may include a suitable |
photograph of the applicant in the form prescribed by the |
Secretary, and he may further provide that each drivers |
license shall include a photograph of the driver. The |
Secretary of State may utilize a photograph process or system |
most suitable to deter alteration or improper reproduction of |
a drivers license and to prevent substitution of another photo |
thereon. For the purposes of this subsection (b), "peace |
officer" means any person who by virtue of his or her office or |
public employment is vested by law with a duty to maintain |
public order or to make arrests for a violation of any penal |
statute of this State, whether that duty extends to all |
violations or is limited to specific violations. |
(b-1) Every application shall state the social security |
number of the applicant; except if the applicant is applying |
for a standard driver's license and, on the date of |
application, is ineligible for a social security number, then: |
(1) if the applicant has documentation, issued by the |
United States Department of Homeland Security, authorizing |
the applicant's presence in this country, the applicant |
|
shall provide such documentation instead of a social |
security number; and |
(2) if the applicant does not have documentation |
described in paragraph (1), the applicant shall provide, |
instead of a social security number, the following: |
(A) documentation establishing that the applicant |
has resided in this State for a period in excess of one |
year; |
(B) a passport validly issued to the applicant |
from the applicant's country of citizenship or a |
consular identification document validly issued to the |
applicant by a consulate of that country as defined in |
Section 5 of the Consular Identification Document Act, |
as long as such documents are either unexpired or |
presented by an applicant within 2 years of its |
expiration date; and |
(C) a social security card, if the applicant has a |
social security number. |
(b-3) Upon the first issuance of a request for proposals |
for a digital driver's license and identification card |
issuance and facial recognition system issued after January 1, |
2020 (the effective date of Public Act 101-513), and upon |
implementation of a new or revised system procured pursuant to |
that request for proposals, the Secretary shall permit |
applicants to choose between "male", "female" or "non-binary" |
when designating the applicant's sex on the driver's license |
|
application form. The sex designated by the applicant shall be |
displayed on the driver's license issued to the applicant. |
(b-5) Every applicant for a REAL ID compliant driver's |
license or permit shall provide proof of lawful status in the |
United States as defined in 6 CFR 37.3, as amended. |
(c) The application form shall include a notice to the |
applicant of the registration obligations of sex offenders |
under the Sex Offender Registration Act. The notice shall be |
provided in a form and manner prescribed by the Secretary of |
State. For purposes of this subsection (c), "sex offender" has |
the meaning ascribed to it in Section 2 of the Sex Offender |
Registration Act. |
(d) Any male United States citizen or immigrant who |
applies for any permit or license authorized to be issued |
under this Code or for a renewal of any permit or license, and |
who is at least 18 years of age but less than 26 years of age, |
must be registered in compliance with the requirements of the |
federal Military Selective Service Act. The Secretary of State |
must forward in an electronic format the necessary personal |
information regarding the applicants identified in this |
subsection (d) to the Selective Service System. The |
applicant's signature on the application serves as an |
indication that the applicant either has already registered |
with the Selective Service System or that he is authorizing |
the Secretary to forward to the Selective Service System the |
necessary information for registration. The Secretary must |
|
notify the applicant at the time of application that his |
signature constitutes consent to registration with the |
Selective Service System, if he is not already registered. |
(e) Beginning on or before July 1, 2015, for each original |
or renewal driver's license application under this Code, the |
Secretary shall inquire as to whether the applicant is a |
veteran for purposes of issuing a driver's license with a |
veteran designation under subsection (e-5) of Section 6-110 of |
this Code. The acceptable forms of proof shall include, but |
are not limited to, Department of Defense form DD-214, |
Department of Defense form DD-256 for applicants who did not |
receive a form DD-214 upon the completion of initial basic |
training, Department of Defense form DD-2 (Retired), an |
identification card issued under the federal Veterans |
Identification Card Act of 2015, or a United States Department |
of Veterans Affairs summary of benefits letter. If the |
document cannot be stamped, the Illinois Department of |
Veterans Veterans' Affairs shall provide a certificate to the |
veteran to provide to the Secretary of State. The Illinois |
Department of Veterans Veterans' Affairs shall advise the |
Secretary as to what other forms of proof of a person's status |
as a veteran are acceptable. |
For each applicant who is issued a driver's license with a |
veteran designation, the Secretary shall provide the |
Department of Veterans Veterans' Affairs with the applicant's |
name, address, date of birth, gender and such other |
|
demographic information as agreed to by the Secretary and the |
Department. The Department may take steps necessary to confirm |
the applicant is a veteran. If after due diligence, including |
writing to the applicant at the address provided by the |
Secretary, the Department is unable to verify the applicant's |
veteran status, the Department shall inform the Secretary, who |
shall notify the applicant that he or she must confirm status |
as a veteran, or the driver's license will be cancelled. |
For purposes of this subsection (e): |
"Armed forces" means any of the Armed Forces of the United |
States, including a member of any reserve component or |
National Guard unit. |
"Veteran" means a person who has served in the armed |
forces and was discharged or separated under honorable |
conditions. |
(f) An applicant who is eligible for Gold Star license |
plates under Section 3-664 of this Code may apply for an |
original or renewal driver's license with space for a |
designation as a Gold Star Family. The Secretary may waive any |
fee for this application. If the Secretary does not waive the |
fee, any fee charged to the applicant must be deposited into |
the Illinois Veterans Assistance Fund. The Secretary is |
authorized to issue rules to implement this subsection. |
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; |
103-933, eff. 1-1-25.) |
|
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) |
Sec. 11-1301.2. Special decals for parking; persons with |
disabilities. |
(a) The Secretary of State shall provide for, by |
administrative rules, the design, size, color, and placement |
of a person with disabilities motorist decal or device and |
shall provide for, by administrative rules, the content and |
form of an application for a person with disabilities motorist |
decal or device, which shall be used by local authorities in |
the issuance thereof to a person with temporary disabilities, |
provided that the decal or device is valid for no more than 90 |
days, subject to renewal for like periods based upon continued |
disability, and further provided that the decal or device |
clearly sets forth the date that the decal or device expires. |
The application shall include the requirement of an Illinois |
Identification Card number or a State of Illinois driver's |
license number or, if the applicant does not have an |
identification card or driver's license number, then the |
applicant may use a valid identification number issued by a |
branch of the U.S. military or a federally issued Medicare or |
Medicaid identification number. This decal or device may be |
used by the authorized holder to designate and identify a |
vehicle not owned or displaying a registration plate or |
digital registration plate as provided in Sections 3-609 and |
3-616 of this Act to designate when the vehicle is being used |
to transport said person or persons with disabilities, and |
|
thus is entitled to enjoy all the privileges that would be |
afforded a person with disabilities licensed vehicle. Person |
with disabilities decals or devices issued and displayed |
pursuant to this Section shall be recognized and honored by |
all local authorities regardless of which local authority |
issued such decal or device. |
The decal or device shall be issued only upon a showing by |
adequate documentation that the person for whose benefit the |
decal or device is to be used has a disability as defined in |
Section 1-159.1 of this Code and the disability is temporary. |
(a-5) The Secretary may provide a disabilities motorist |
decal or device to an expectant mother during her third |
trimester. An application under this subsection is subject to |
application requirements under subsection (a). The decal or |
device shall be valid for no more than 90 days, and shall |
clearly set forth the date that the decal or device expires. |
The decal or device shall be issued only upon a showing by |
adequate documentation that the expectant mother has entered |
her third trimester. |
(b) The local governing authorities shall be responsible |
for the provision of such decal or device, its issuance and |
designated placement within the vehicle. The cost of such |
decal or device shall be at the discretion of such local |
governing authority. |
(c) The Secretary of State may, pursuant to Section |
3-616(c), issue a person with disabilities parking decal or |
|
device to a person with disabilities as defined by Section |
1-159.1. Any person with disabilities parking decal or device |
issued by the Secretary of State shall be registered to that |
person with disabilities in the form to be prescribed by the |
Secretary of State. The person with disabilities parking decal |
or device shall not display that person's address. One |
additional decal or device may be issued to an applicant upon |
his or her written request and with the approval of the |
Secretary of State. The written request must include a |
justification of the need for the additional decal or device. |
(c-5) Beginning January 1, 2014, the Secretary shall |
provide by administrative rule for the issuance of a separate |
and distinct parking decal or device for persons with |
disabilities as defined by Section 1-159.1 of this Code and |
who meet the qualifications under this subsection. The |
authorized holder of a decal or device issued under this |
subsection (c-5) shall be exempt from the payment of fees |
generated by parking in a metered space, a parking area |
subject to paragraph (10) of subsection (a) of Section 11-209 |
of this Code, or a publicly owned parking area. |
The Secretary shall issue a meter-exempt decal or device |
to a person with disabilities who: (i) has been issued |
registration plates or digital registration plates under |
subsection (a) of Section 3-609 or Section 3-616 of this Code |
or a special decal or device under this Section, (ii) holds a |
valid Illinois driver's license, and (iii) is unable to do one |
|
or more of the following: |
(1) manage, manipulate, or insert coins, or obtain |
tickets or tokens in parking meters or ticket machines in |
parking lots, due to the lack of fine motor control of both |
hands; |
(2) reach above his or her head to a height of 42 |
inches from the ground, due to a lack of finger, hand, or |
upper extremity strength or mobility; |
(3) approach a parking meter due to his or her use of a |
wheelchair or other device for mobility; or |
(4) walk more than 20 feet due to an orthopedic, |
neurological, cardiovascular, or lung condition in which |
the degree of debilitation is so severe that it almost |
completely impedes the ability to walk. |
The application for a meter-exempt parking decal or device |
shall contain a statement certified by a licensed physician, |
physician assistant, or advanced practice registered nurse |
attesting to the permanent nature of the applicant's condition |
and verifying that the applicant meets the physical |
qualifications specified in this subsection (c-5). |
Notwithstanding the requirements of this subsection (c-5), |
the Secretary shall issue a meter-exempt decal or device to a |
person who has been issued registration plates or digital |
registration plates under Section 3-616 of this Code or a |
special decal or device under this Section, if the applicant |
is the parent or guardian of a person with disabilities who is |
|
under 18 years of age and incapable of driving. |
(d) Replacement decals or devices may be issued for lost, |
stolen, or destroyed decals upon application and payment of a |
$10 fee. The replacement fee may be waived for individuals |
that have claimed and received a grant under the Senior |
Citizens and Persons with Disabilities Property Tax Relief |
Act. |
(e) A person classified as a veteran under subsection (e) |
of Section 6-106 of this Code that has been issued a decal or |
device under this Section shall not be required to submit |
evidence of disability in order to renew that decal or device |
if, at the time of initial application, he or she submitted |
evidence from his or her physician or the Department of |
Veterans Veterans' Affairs that the disability is of a |
permanent nature. However, the Secretary shall take reasonable |
steps to ensure the veteran still resides in this State at the |
time of the renewal. These steps may include requiring the |
veteran to provide additional documentation or to appear at a |
Secretary of State facility. To identify veterans who are |
eligible for this exemption, the Secretary shall compare the |
list of the persons who have been issued a decal or device to |
the list of persons who have been issued a vehicle |
registration plate or digital registration plate for veterans |
with disabilities under Section 3-609 of this Code, or who are |
identified as a veteran on their driver's license under |
Section 6-110 of this Code or on their identification card |
|
under Section 4 of the Illinois Identification Card Act. |
(Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.) |
Section 440. The Access to Justice Act is amended by |
changing Section 7 as follows: |
(705 ILCS 95/7) |
Sec. 7. Definitions. As used in this Act: |
(a) "Foundation" means the Illinois Equal Justice |
Foundation, a not-for-profit corporation created by the |
Illinois State Bar Association and the Chicago Bar Association |
and recognized under the Illinois Equal Justice Act. |
(b) "Illinois Access to Civil Justice Council" or |
"Council" means a special advisory body created by the |
Foundation. The Council consists of 7 members, appointed as |
follows: one by the Lawyers Trust Fund of Illinois, one by the |
Chicago Bar Foundation, one by the Illinois Bar Foundation, |
one by the Illinois Department of Veterans Veterans' Affairs, |
one by the Illinois Attorney General, and 2 by the Foundation |
or any successor entities or agencies as designated by the |
Council. |
(Source: P.A. 99-281, eff. 8-5-15.) |
Section 445. The Court of Claims Act is amended by |
changing Section 9.5 as follows: |
|
(705 ILCS 505/9.5) |
Sec. 9.5. Gold Star and Fallen Heroes Families Assistance |
Program. |
(a) Within the Court of Claims, there is established a |
Gold Star and Fallen Heroes Families Assistance Program, which |
is charged with the responsibility of assessing the needs of |
and providing information to Illinois Gold Star and Fallen |
Heroes Families with regard to claims filed pursuant to the |
Line of Duty Compensation Act. |
(b) As used in this Section, "Gold Star and Fallen Heroes |
Family" means the family members of an individual who was |
killed in the line of duty and who was employed or serving in a |
capacity defined in Section 2 of the Illinois Line of Duty |
Compensation Act. |
(c) Toll-free helpline. The Gold Star and Fallen Heroes |
Families Assistance Program shall include a toll-free helpline |
dedicated to families seeking information about the Line of |
Duty Compensation Act, including, but not limited to, the |
status of claims filed pursuant to that Act. The helpline |
phone number and information about the Gold Star and Fallen |
Heroes Families Assistance Program shall be provided to each |
person filing a claim under the Line of Duty Compensation Act. |
(d) On or before January 1 of each year, the Court of |
Claims shall report to the Governor, both houses of the |
General Assembly, and the Illinois Department of Veterans |
Veterans' Affairs the following information: |
|
(1) the number of claims filed with the Court of |
Claims pursuant to the Line of Duty Compensation Act; |
(2) the number of Line of Duty Compensation Act claims |
approved for payment by the Court of Claims during the |
preceding calendar year; |
(3) the number and status of Line of Duty Compensation |
Act claims pending in the Court of Claims; and |
(4) other information as may be requested by the |
Governor. |
(Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; |
96-1000, eff. 7-2-10.) |
Section 455. The Unified Code of Corrections is amended by |
changing Sections 3-12-6 and 5-4-1 as follows: |
(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6) |
Sec. 3-12-6. Programs. Through its Illinois Correctional |
Industries division, the Department may establish commercial, |
business, and manufacturing programs for the production of |
finished goods and processed food and beverages to the State, |
its political units, agencies, and other public institutions. |
Illinois Correctional Industries may establish, operate, and |
maintain manufacturing and food and beverage production in the |
Department facilities and provide food for the Department |
institutions and for the mental health and developmental |
disabilities institutions of the Department of Human Services |
|
and the institutions of the Department of Veterans Veterans' |
Affairs. |
Illinois Correctional Industries shall be administered by |
a chief executive officer. The chief executive officer shall |
report to the Director of the Department or the Director's |
designee. The chief executive officer shall administer the |
commercial and business programs of ICI for inmate workers in |
the custody of the Department of Corrections. |
The chief executive officer shall have such assistants as |
are required for programming, manufacturing, budget, and |
personnel as necessary to run its programs. |
Illinois Correctional Industries shall be located in |
Springfield. The chief executive officer of Illinois |
Correctional Industries shall assign personnel to teach the |
production of goods and shall employ committed persons |
assigned by the facility chief administrative officer. The |
Department of Corrections may direct such other vocational |
programs as it deems necessary for the rehabilitation of |
inmates, which shall be separate and apart from, and not in |
conflict with, programs of Illinois Correctional Industries. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) |
Sec. 5-4-1. Sentencing hearing. |
(a) After a determination of guilt, a hearing shall be |
|
held to impose the sentence. However, prior to the imposition |
of sentence on an individual being sentenced for an offense |
based upon a charge for a violation of Section 11-501 of the |
Illinois Vehicle Code or a similar provision of a local |
ordinance, the individual must undergo a professional |
evaluation to determine if an alcohol or other drug abuse |
problem exists and the extent of such a problem. Programs |
conducting these evaluations shall be licensed by the |
Department of Human Services. However, if the individual is |
not a resident of Illinois, the court may, in its discretion, |
accept an evaluation from a program in the state of such |
individual's residence. The court shall make a specific |
finding about whether the defendant is eligible for |
participation in a Department impact incarceration program as |
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an |
explanation as to why a sentence to impact incarceration is |
not an appropriate sentence. The court may in its sentencing |
order recommend a defendant for placement in a Department of |
Corrections substance abuse treatment program as provided in |
paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
upon the defendant being accepted in a program by the |
Department of Corrections. At the hearing the court shall: |
(1) consider the evidence, if any, received upon the |
trial; |
(2) consider any presentence reports; |
(3) consider the financial impact of incarceration |
|
based on the financial impact statement filed with the |
clerk of the court by the Department of Corrections; |
(4) consider evidence and information offered by the |
parties in aggravation and mitigation; |
(4.5) consider substance abuse treatment, eligibility |
screening, and an assessment, if any, of the defendant by |
an agent designated by the State of Illinois to provide |
assessment services for the Illinois courts; |
(5) hear arguments as to sentencing alternatives; |
(6) afford the defendant the opportunity to make a |
statement in his own behalf; |
(7) afford the victim of a violent crime or a |
violation of Section 11-501 of the Illinois Vehicle Code, |
or a similar provision of a local ordinance, the |
opportunity to present an oral or written statement, as |
guaranteed by Article I, Section 8.1 of the Illinois |
Constitution and provided in Section 6 of the Rights of |
Crime Victims and Witnesses Act. The court shall allow a |
victim to make an oral statement if the victim is present |
in the courtroom and requests to make an oral or written |
statement. An oral or written statement includes the |
victim or a representative of the victim reading the |
written statement. The court may allow persons impacted by |
the crime who are not victims under subsection (a) of |
Section 3 of the Rights of Crime Victims and Witnesses Act |
to present an oral or written statement. A victim and any |
|
person making an oral statement shall not be put under |
oath or subject to cross-examination. All statements |
offered under this paragraph (7) shall become part of the |
record of the court. In this paragraph (7), "victim of a |
violent crime" means a person who is a victim of a violent |
crime for which the defendant has been convicted after a |
bench or jury trial or a person who is the victim of a |
violent crime with which the defendant was charged and the |
defendant has been convicted under a plea agreement of a |
crime that is not a violent crime as defined in subsection |
(c) of 3 of the Rights of Crime Victims and Witnesses Act; |
(7.5) afford a qualified person affected by: (i) a |
violation of Section 405, 405.1, 405.2, or 407 of the |
Illinois Controlled Substances Act or a violation of |
Section 55 or Section 65 of the Methamphetamine Control |
and Community Protection Act; or (ii) a Class 4 felony |
violation of Section 11-14, 11-14.3 except as described in |
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, |
11-18.1, or 11-19 of the Criminal Code of 1961 or the |
Criminal Code of 2012, committed by the defendant the |
opportunity to make a statement concerning the impact on |
the qualified person and to offer evidence in aggravation |
or mitigation; provided that the statement and evidence |
offered in aggravation or mitigation shall first be |
prepared in writing in conjunction with the State's |
Attorney before it may be presented orally at the hearing. |
|
Sworn testimony offered by the qualified person is subject |
to the defendant's right to cross-examine. All statements |
and evidence offered under this paragraph (7.5) shall |
become part of the record of the court. In this paragraph |
(7.5), "qualified person" means any person who: (i) lived |
or worked within the territorial jurisdiction where the |
offense took place when the offense took place; or (ii) is |
familiar with various public places within the territorial |
jurisdiction where the offense took place when the offense |
took place. "Qualified person" includes any peace officer |
or any member of any duly organized State, county, or |
municipal peace officer unit assigned to the territorial |
jurisdiction where the offense took place when the offense |
took place; |
(8) in cases of reckless homicide afford the victim's |
spouse, guardians, parents or other immediate family |
members an opportunity to make oral statements; |
(9) in cases involving a felony sex offense as defined |
under the Sex Offender Management Board Act, consider the |
results of the sex offender evaluation conducted pursuant |
to Section 5-3-2 of this Act; and |
(10) make a finding of whether a motor vehicle was |
used in the commission of the offense for which the |
defendant is being sentenced. |
(b) All sentences shall be imposed by the judge based upon |
his independent assessment of the elements specified above and |
|
any agreement as to sentence reached by the parties. The judge |
who presided at the trial or the judge who accepted the plea of |
guilty shall impose the sentence unless he is no longer |
sitting as a judge in that court. Where the judge does not |
impose sentence at the same time on all defendants who are |
convicted as a result of being involved in the same offense, |
the defendant or the State's Attorney may advise the |
sentencing court of the disposition of any other defendants |
who have been sentenced. |
(b-1) In imposing a sentence of imprisonment or periodic |
imprisonment for a Class 3 or Class 4 felony for which a |
sentence of probation or conditional discharge is an available |
sentence, if the defendant has no prior sentence of probation |
or conditional discharge and no prior conviction for a violent |
crime, the defendant shall not be sentenced to imprisonment |
before review and consideration of a presentence report and |
determination and explanation of why the particular evidence, |
information, factor in aggravation, factual finding, or other |
reasons support a sentencing determination that one or more of |
the factors under subsection (a) of Section 5-6-1 of this Code |
apply and that probation or conditional discharge is not an |
appropriate sentence. |
(c) In imposing a sentence for a violent crime or for an |
offense of operating or being in physical control of a vehicle |
while under the influence of alcohol, any other drug or any |
combination thereof, or a similar provision of a local |
|
ordinance, when such offense resulted in the personal injury |
to someone other than the defendant, the trial judge shall |
specify on the record the particular evidence, information, |
factors in mitigation and aggravation or other reasons that |
led to his sentencing determination. The full verbatim record |
of the sentencing hearing shall be filed with the clerk of the |
court and shall be a public record. |
(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for ransom, home invasion, armed robbery, |
aggravated vehicular hijacking, aggravated discharge of a |
firearm, or armed violence with a category I weapon or |
category II weapon, the trial judge shall make a finding as to |
whether the conduct leading to conviction for the offense |
resulted in great bodily harm to a victim, and shall enter that |
finding and the basis for that finding in the record. |
(c-1.5) Notwithstanding any other provision of law to the |
contrary, in imposing a sentence for an offense that requires |
a mandatory minimum sentence of imprisonment, the court may |
instead sentence the offender to probation, conditional |
discharge, or a lesser term of imprisonment it deems |
appropriate if: (1) the offense involves the use or possession |
of drugs, retail theft, or driving on a revoked license due to |
unpaid financial obligations; (2) the court finds that the |
defendant does not pose a risk to public safety; and (3) the |
interest of justice requires imposing a term of probation, |
conditional discharge, or a lesser term of imprisonment. The |
|
court must state on the record its reasons for imposing |
probation, conditional discharge, or a lesser term of |
imprisonment. |
(c-2) If the defendant is sentenced to prison, other than |
when a sentence of natural life imprisonment is imposed, at |
the time the sentence is imposed the judge shall state on the |
record in open court the approximate period of time the |
defendant will serve in custody according to the then current |
statutory rules and regulations for sentence credit found in |
Section 3-6-3 and other related provisions of this Code. This |
statement is intended solely to inform the public, has no |
legal effect on the defendant's actual release, and may not be |
relied on by the defendant on appeal. |
The judge's statement, to be given after pronouncing the |
sentence, other than when the sentence is imposed for one of |
the offenses enumerated in paragraph (a)(4) of Section 3-6-3, |
shall include the following: |
"The purpose of this statement is to inform the public of |
the actual period of time this defendant is likely to spend in |
prison as a result of this sentence. The actual period of |
prison time served is determined by the statutes of Illinois |
as applied to this sentence by the Illinois Department of |
Corrections and the Illinois Prisoner Review Board. In this |
case, assuming the defendant receives all of his or her |
sentence credit, the period of estimated actual custody is ... |
years and ... months, less up to 180 days additional earned |
|
sentence credit. If the defendant, because of his or her own |
misconduct or failure to comply with the institutional |
regulations, does not receive those credits, the actual time |
served in prison will be longer. The defendant may also |
receive an additional one-half day sentence credit for each |
day of participation in vocational, industry, substance abuse, |
and educational programs as provided for by Illinois statute." |
When the sentence is imposed for one of the offenses |
enumerated in paragraph (a)(2) of Section 3-6-3, other than |
first degree murder, and the offense was committed on or after |
June 19, 1998, and when the sentence is imposed for reckless |
homicide as defined in subsection (e) of Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012 if the |
offense was committed on or after January 1, 1999, and when the |
sentence is imposed for aggravated driving under the influence |
of alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof as defined in |
subparagraph (F) of paragraph (1) of subsection (d) of Section |
11-501 of the Illinois Vehicle Code, and when the sentence is |
imposed for aggravated arson if the offense was committed on |
or after July 27, 2001 (the effective date of Public Act |
92-176), and when the sentence is imposed for aggravated |
driving under the influence of alcohol, other drug or drugs, |
or intoxicating compound or compounds, or any combination |
thereof as defined in subparagraph (C) of paragraph (1) of |
subsection (d) of Section 11-501 of the Illinois Vehicle Code |
|
committed on or after January 1, 2011 (the effective date of |
Public Act 96-1230), the judge's statement, to be given after |
pronouncing the sentence, shall include the following: |
"The purpose of this statement is to inform the public of |
the actual period of time this defendant is likely to spend in |
prison as a result of this sentence. The actual period of |
prison time served is determined by the statutes of Illinois |
as applied to this sentence by the Illinois Department of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the defendant is entitled to no more than 4 1/2 days of |
sentence credit for each month of his or her sentence of |
imprisonment. Therefore, this defendant will serve at least |
85% of his or her sentence. Assuming the defendant receives 4 |
1/2 days credit for each month of his or her sentence, the |
period of estimated actual custody is ... years and ... |
months. If the defendant, because of his or her own misconduct |
or failure to comply with the institutional regulations |
receives lesser credit, the actual time served in prison will |
be longer." |
When a sentence of imprisonment is imposed for first |
degree murder and the offense was committed on or after June |
19, 1998, the judge's statement, to be given after pronouncing |
the sentence, shall include the following: |
"The purpose of this statement is to inform the public of |
the actual period of time this defendant is likely to spend in |
prison as a result of this sentence. The actual period of |
|
prison time served is determined by the statutes of Illinois |
as applied to this sentence by the Illinois Department of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the defendant is not entitled to sentence credit. |
Therefore, this defendant will serve 100% of his or her |
sentence." |
When the sentencing order recommends placement in a |
substance abuse program for any offense that results in |
incarceration in a Department of Corrections facility and the |
crime was committed on or after September 1, 2003 (the |
effective date of Public Act 93-354), the judge's statement, |
in addition to any other judge's statement required under this |
Section, to be given after pronouncing the sentence, shall |
include the following: |
"The purpose of this statement is to inform the public of |
the actual period of time this defendant is likely to spend in |
prison as a result of this sentence. The actual period of |
prison time served is determined by the statutes of Illinois |
as applied to this sentence by the Illinois Department of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the defendant shall receive no earned sentence credit |
under clause (3) of subsection (a) of Section 3-6-3 until he or |
she participates in and completes a substance abuse treatment |
program or receives a waiver from the Director of Corrections |
pursuant to clause (4.5) of subsection (a) of Section 3-6-3." |
(c-4) Before the sentencing hearing and as part of the |
|
presentence investigation under Section 5-3-1, the court shall |
inquire of the defendant whether the defendant is currently |
serving in or is a veteran of the Armed Forces of the United |
States. If the defendant is currently serving in the Armed |
Forces of the United States or is a veteran of the Armed Forces |
of the United States and has been diagnosed as having a mental |
illness by a qualified psychiatrist or clinical psychologist |
or physician, the court may: |
(1) order that the officer preparing the presentence |
report consult with the United States Department of |
Veterans Affairs, Illinois Department of Veterans |
Veterans' Affairs, or another agency or person with |
suitable knowledge or experience for the purpose of |
providing the court with information regarding treatment |
options available to the defendant, including federal, |
State, and local programming; and |
(2) consider the treatment recommendations of any |
diagnosing or treating mental health professionals |
together with the treatment options available to the |
defendant in imposing sentence. |
For the purposes of this subsection (c-4), "qualified |
psychiatrist" means a reputable physician licensed in Illinois |
to practice medicine in all its branches, who has specialized |
in the diagnosis and treatment of mental and nervous disorders |
for a period of not less than 5 years. |
(c-6) In imposing a sentence, the trial judge shall |
|
specify, on the record, the particular evidence and other |
reasons which led to his or her determination that a motor |
vehicle was used in the commission of the offense. |
(c-7) In imposing a sentence for a Class 3 or 4 felony, |
other than a violent crime as defined in Section 3 of the |
Rights of Crime Victims and Witnesses Act, the court shall |
determine and indicate in the sentencing order whether the |
defendant has 4 or more or fewer than 4 months remaining on his |
or her sentence accounting for time served. |
(d) When the defendant is committed to the Department of |
Corrections, the State's Attorney shall and counsel for the |
defendant may file a statement with the clerk of the court to |
be transmitted to the department, agency or institution to |
which the defendant is committed to furnish such department, |
agency or institution with the facts and circumstances of the |
offense for which the person was committed together with all |
other factual information accessible to them in regard to the |
person prior to his commitment relative to his habits, |
associates, disposition and reputation and any other facts and |
circumstances which may aid such department, agency or |
institution during its custody of such person. The clerk shall |
within 10 days after receiving any such statements transmit a |
copy to such department, agency or institution and a copy to |
the other party, provided, however, that this shall not be |
cause for delay in conveying the person to the department, |
agency or institution to which he has been committed. |
|
(e) The clerk of the court shall transmit to the |
department, agency or institution, if any, to which the |
defendant is committed, the following: |
(1) the sentence imposed; |
(2) any statement by the court of the basis for |
imposing the sentence; |
(3) any presentence reports; |
(3.3) the person's last known complete street address |
prior to incarceration or legal residence, the person's |
race, whether the person is of Hispanic or Latino origin, |
and whether the person is 18 years of age or older; |
(3.5) any sex offender evaluations; |
(3.6) any substance abuse treatment eligibility |
screening and assessment of the defendant by an agent |
designated by the State of Illinois to provide assessment |
services for the Illinois courts; |
(4) the number of days, if any, which the defendant |
has been in custody and for which he is entitled to credit |
against the sentence, which information shall be provided |
to the clerk by the sheriff; |
(4.1) any finding of great bodily harm made by the |
court with respect to an offense enumerated in subsection |
(c-1); |
(5) all statements filed under subsection (d) of this |
Section; |
(6) any medical or mental health records or summaries |
|
of the defendant; |
(7) the municipality where the arrest of the offender |
or the commission of the offense has occurred, where such |
municipality has a population of more than 25,000 persons; |
(8) all statements made and evidence offered under |
paragraph (7) of subsection (a) of this Section; and |
(9) all additional matters which the court directs the |
clerk to transmit. |
(f) In cases in which the court finds that a motor vehicle |
was used in the commission of the offense for which the |
defendant is being sentenced, the clerk of the court shall, |
within 5 days thereafter, forward a report of such conviction |
to the Secretary of State. |
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; |
103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
Section 460. The Drug Court Treatment Act is amended by |
changing Section 30 as follows: |
(730 ILCS 166/30) |
Sec. 30. Mental health and substance use disorder |
treatment. |
(a) The drug court program shall maintain a network of |
substance use disorder treatment programs representing a |
continuum of graduated substance use disorder treatment |
options commensurate with the needs of the participant. |
|
(b) Any substance use disorder treatment program to which |
participants are referred must hold a valid license from the |
Department of Human Services Division of Substance Use |
Prevention and Recovery, use evidence-based treatment, and |
deliver all services in accordance with 77 Ill. Adm. Code |
2060, including services available through the United States |
Department of Veterans Affairs, the Illinois Department of |
Veterans Veterans' Affairs, or Veterans Assistance Commission, |
or an equivalent standard in any other state where treatment |
may take place. |
(c) The drug court program may, at its discretion, employ |
additional services or interventions, as it deems necessary on |
a case by case basis. |
(d) The drug court program may maintain or collaborate |
with a network of mental health treatment programs |
representing a continuum of treatment options commensurate |
with the needs of the participant and available resources, |
including programs with the State and community-based programs |
supported and sanctioned by the State. Partnerships with |
providers certified as mental health or behavioral health |
centers shall be prioritized when possible. |
(Source: P.A. 102-1041, eff. 6-2-22.) |
Section 465. The Veterans and Servicemembers Court |
Treatment Act is amended by changing Section 10 as follows: |
|
(730 ILCS 167/10) |
Sec. 10. Definitions. In this Act: |
"Certification" means the process by which a |
problem-solving court obtains approval from the Supreme Court |
to operate in accordance with the Problem-Solving Court |
Standards. |
"Clinical treatment plan" means an evidence-based, |
comprehensive, and individualized plan that: (i) is developed |
by a qualified professional in accordance with the Department |
of Human Services substance use prevention and recovery rules |
under 77 Ill. Adm. Code 2060 or an equivalent standard in any |
state where treatment may take place; and (ii) defines the |
scope of treatment services to be delivered by a court |
treatment provider. |
"Combination Veterans and Servicemembers court program" |
means a type of problem-solving court that allows an |
individual to enter a problem-solving court before a plea, |
conviction, or disposition while also permitting an individual |
who has admitted guilt, or been found guilty, to enter a |
problem-solving court as a part of the individual's sentence |
or disposition. |
"Community behavioral health center" means a physical site |
where behavioral healthcare services are provided in |
accordance with the Community Behavioral Health Center |
Infrastructure Act. |
"Community mental health center" means an entity: |
|
(1) licensed by the Department of Public Health as a |
community mental health center in accordance with the |
conditions of participation for community mental health |
centers established by the Centers for Medicare and |
Medicaid Services; and |
(2) that provides outpatient services, including |
specialized outpatient services, for individuals who are |
chronically mental ill. |
"Co-occurring mental health and substance use disorders |
court program" means a program that includes an individual |
with co-occurring mental illness and substance use disorder |
diagnoses and professionals with training and experience in |
treating individuals with diagnoses of substance use disorder |
and mental illness. |
"Court" means veterans and servicemembers court. |
"IDVA" means the Illinois Department of Veterans Veterans' |
Affairs. |
"Peer recovery coach" means a veteran mentor as defined |
nationally by Justice for Vets and assigned to a veteran or |
servicemember during participation in a veteran treatment |
court program who has been approved by the court, and trained |
according to curriculum recommended by Justice for Vets, a |
service provider used by the court for substance use disorder |
or mental health treatment, a local service provider with an |
established peer recovery coach or mentor program not |
otherwise used by the court for treatment, or a Certified |
|
Recovery Support Specialist certified by the Illinois |
Certification Board. "Peer recovery coach" includes |
individuals with lived experiences of the issues the |
problem-solving court seeks to address, including, but not |
limited to, substance use disorder, mental illness, and |
co-occurring disorders or involvement with the criminal |
justice system. "Peer recovery coach" includes individuals |
required to guide and mentor the participant to successfully |
complete assigned requirements and to facilitate participants' |
independence for continued success once the supports of the |
court are no longer available to them. |
"Post-adjudicatory veterans and servicemembers court |
program" means a program that allows a defendant who has |
admitted guilt or has been found guilty and agrees, with the |
defendant's consent, and the approval of the court, to enter a |
veterans and servicemembers court program as part of the |
defendant's sentence or disposition. |
"Pre-adjudicatory veterans and servicemembers court |
program" means a program that allows the defendant, with the |
defendant's consent and the approval of the court, to enter |
the Veterans and Servicemembers Court program before plea, |
conviction, or disposition and requires successful completion |
of the Veterans and Servicemembers Court programs as part of |
the agreement. |
"Problem-Solving Court Standards" means the statewide |
standards adopted by the Supreme Court that set forth the |
|
minimum requirements for the planning, establishment, |
certification, operation, and evaluation of all |
problem-solving courts in this State. |
"Servicemember" means a person who is currently serving in |
the Army, Air Force, Marines, Navy, or Coast Guard on active |
duty, reserve status or in the National Guard. |
"VA" means the United States Department of Veterans |
Veterans' Affairs. |
"VAC" means a veterans assistance commission. |
"Validated clinical assessment" means a validated |
assessment tool administered by a qualified clinician to |
determine the treatment needs of participants. "Validated |
clinical assessment" includes assessment tools required by |
public or private insurance. |
"Veteran" means a person who previously served as an |
active servicemember. |
"Veterans and servicemembers court professional" means a |
member of the veterans and servicemembers court team, |
including, but not limited to, a judge, prosecutor, defense |
attorney, probation officer, coordinator, treatment provider. |
"Veterans and servicemembers court", "veterans and |
servicemembers court program", "court", or "program" means a |
specially designated court, court calendar, or docket |
facilitating intensive therapeutic treatment to monitor and |
assist veteran or servicemember participants with substance |
use disorder, mental illness, co-occurring disorders, or other |
|
assessed treatment needs of eligible veteran and servicemember |
participants and in making positive lifestyle changes and |
reducing the rate of recidivism. Veterans and servicemembers |
court programs are nonadversarial in nature and bring together |
substance use disorder professionals, mental health |
professionals, VA professionals, local social programs, and |
intensive judicial monitoring in accordance with the |
nationally recommended 10 key components of veterans treatment |
courts and the Problem-Solving Court Standards. Common |
features of a veterans and servicemembers court program |
include, but are not limited to, a designated judge and staff; |
specialized intake and screening procedures; coordinated |
treatment procedures administered by a trained, |
multidisciplinary professional team; close evaluation of |
participants, including continued assessments and modification |
of the court requirements and use of sanctions, incentives, |
and therapeutic adjustments to address behavior; frequent |
judicial interaction with participants; less formal court |
process and procedures; voluntary participation; and a low |
treatment staff-to-client ratio. |
(Source: P.A. 102-1041, eff. 6-2-22.) |
Section 999. Effective date. This Act takes effect upon |
becoming law. |
| |
INDEX
| |
Statutes amended in order of appearance
| | 5 ILCS 350/1 | from Ch. 127, par. 1301 | | 5 ILCS 350/2 | from Ch. 127, par. 1302 | | 5 ILCS 382/3-15 | | | 5 ILCS 465/10 | | | 15 ILCS 16/15 | | | 15 ILCS 16/25 | | | 15 ILCS 16/30 | | | 15 ILCS 16/35 | | | 15 ILCS 16/55 | | | 15 ILCS 16/65 | | | 15 ILCS 335/5 | | | 15 ILCS 335/11 | from Ch. 124, par. 31 | | 20 ILCS 5/5-15 | was 20 ILCS 5/3 | | 20 ILCS 5/5-20 | was 20 ILCS 5/4 | | 20 ILCS 5/5-190 | was 20 ILCS 5/5.01a | | 20 ILCS 5/5-420 | was 20 ILCS 5/9.22 | | 20 ILCS 105/4.01 | | | 20 ILCS 105/4.04a | | | 20 ILCS 105/8.10 | | | 20 ILCS 415/8b.7 | from Ch. 127, par. 63b108b.7 | | 20 ILCS 505/5.46 | | | 20 ILCS 805/805-305 | was 20 ILCS 805/63a23 | | 20 ILCS 1305/1-80 | | |
| 20 ILCS 1605/21.6 | | | 20 ILCS 2310/2310-376 | | | 20 ILCS 2805/Act title | | | 20 ILCS 2805/0.01 | from Ch. 126 1/2, par. 65.9 | | 20 ILCS 2805/1 | from Ch. 126 1/2, par. 66 | | 20 ILCS 2805/1.5 | | | 20 ILCS 2805/2 | from Ch. 126 1/2, par. 67 | | 20 ILCS 2805/2.01 | from Ch. 126 1/2, par. 67.01 | | 20 ILCS 2805/2.01c | | | 20 ILCS 2805/2.04 | from Ch. 126 1/2, par. 67.04 | | 20 ILCS 2805/2.10 | | | 20 ILCS 2805/5 | from Ch. 126 1/2, par. 70 | | 20 ILCS 2805/15 | | | 20 ILCS 2805/37 | | | 20 ILCS 2805/39 | | | 20 ILCS 3960/3.6 | | | 20 ILCS 3975/4.5 | | | 30 ILCS 105/25 | from Ch. 127, par. 161 | | 30 ILCS 500/45-57 | | | 30 ILCS 500/45-67 | | | 30 ILCS 596/10 | | | 30 ILCS 608/5-10 | | | 35 ILCS 200/15-165 | | | 35 ILCS 515/7.5 | | | 40 ILCS 5/14-104 | from Ch. 108 1/2, par. 14-104 | | 45 ILCS 175/5 | | |
| 55 ILCS 5/3-5015 | from Ch. 34, par. 3-5015 | | 55 ILCS 5/5-12022 | | | 60 ILCS 1/110-17 | | | 65 ILCS 5/11-13-28 | | | 105 ILCS 5/30-14.2 | from Ch. 122, par. 30-14.2 | | 110 ILCS 49/15 | | | 110 ILCS 70/36g | from Ch. 24 1/2, par. 38b6 | | 110 ILCS 305/8 | from Ch. 144, par. 29 | | 110 ILCS 520/8e | from Ch. 144, par. 658e | | 110 ILCS 660/5-85 | | | 110 ILCS 665/10-85 | | | 110 ILCS 670/15-85 | | | 110 ILCS 675/20-85 | | | 110 ILCS 680/25-85 | | | 110 ILCS 685/30-85 | | | 110 ILCS 690/35-85 | | | 110 ILCS 947/40 | | | 110 ILCS 972/5 | | | 210 ILCS 45/1-113 | from Ch. 111 1/2, par. 4151-113 | | 210 ILCS 45/2-201 | from Ch. 111 1/2, par. 4152-201 | | 210 ILCS 45/2-201.5 | | | 210 ILCS 45/2-213 | | | 210 ILCS 45/2-215 | | | 210 ILCS 45/3-101.5 | | | 210 ILCS 45/3-202.6 | | | 210 ILCS 45/3-304.2 | | |
| 210 ILCS 45/3-308.5 | | | 210 ILCS 46/1-113 | | | 210 ILCS 47/1-113 | | | 210 ILCS 49/1-102 | | | 210 ILCS 160/5 | | | 210 ILCS 175/5 | | | 215 ILCS 5/356z.12 | | | 235 ILCS 5/6-15 | from Ch. 43, par. 130 | | 305 ILCS 5/5-5.27 | | | 305 ILCS 5/11-5.2 | | | 310 ILCS 65/14 | from Ch. 67 1/2, par. 1264 | | 320 ILCS 42/35 | | | 320 ILCS 70/25-10 | | | 320 ILCS 70/25-20 | | | 320 ILCS 70/25-25 | | | 330 ILCS 30/3 | from Ch. 126 1/2, par. 57.53 | | 330 ILCS 30/5 | from Ch. 126 1/2, par. 57.55 | | 330 ILCS 30/6 | from Ch. 126 1/2, par. 57.56 | | 330 ILCS 32/5 | | | 330 ILCS 32/20 | | | 330 ILCS 32/25 | | | 330 ILCS 35/2 | from Ch. 126 1/2, par. 57.62 | | 330 ILCS 35/4 | from Ch. 126 1/2, par. 57.64 | | 330 ILCS 35/5 | from Ch. 126 1/2, par. 57.65 | | 330 ILCS 40/1 | from Ch. 126 1/2, par. 57.71 | | 330 ILCS 45/1 | from Ch. 23, par. 3081 | |
| 330 ILCS 46/15 | | | 330 ILCS 65/2.1 | from Ch. 126 1/2, par. 59.1 | | 330 ILCS 65/3 | from Ch. 126 1/2, par. 60 | | 330 ILCS 70/2 | from Ch. 116, par. 30 | | 330 ILCS 100/2 | from Ch. 126 1/2, par. 57.82 | | 330 ILCS 100/3 | from Ch. 126 1/2, par. 57.83 | | 330 ILCS 100/4 | | | 330 ILCS 105/1 | from Ch. 126 1/2, par. 26 | | 330 ILCS 105/2 | from Ch. 126 1/2, par. 27 | | 330 ILCS 110/1 | from Ch. 21, par. 59a | | 330 ILCS 110/2 | from Ch. 21, par. 59b | | 330 ILCS 110/3 | from Ch. 21, par. 59c | | 330 ILCS 110/3.1 | from Ch. 21, par. 59c1 | | 330 ILCS 126/10 | | | 330 ILCS 126/25 | | | 330 ILCS 130/10 | | | 330 ILCS 140/10 | | | 330 ILCS 140/20 | | | 410 ILCS 82/35 | | | 410 ILCS 130/5 | | | 410 ILCS 535/18 | from Ch. 111 1/2, par. 73-18 | | 515 ILCS 5/15-5 | from Ch. 56, par. 15-5 | | 515 ILCS 5/20-5 | from Ch. 56, par. 20-5 | | 520 ILCS 5/3.1-2 | from Ch. 61, par. 3.1-2 | | 525 ILCS 5/5 | from Ch. 96 1/2, par. 9505 | | 625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 | |
| 625 ILCS 5/3-609 | from Ch. 95 1/2, par. 3-609 | | 625 ILCS 5/3-699.14 | | | 625 ILCS 5/6-106 | from Ch. 95 1/2, par. 6-106 | | 625 ILCS 5/11-1301.2 | from Ch. 95 1/2, par. 11-1301.2 | | 705 ILCS 95/7 | | | 705 ILCS 505/9.5 | | | 720 ILCS 570/311.6 | | | 730 ILCS 5/3-12-6 | from Ch. 38, par. 1003-12-6 | | 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 | | 730 ILCS 166/30 | | | 730 ILCS 167/10 | |
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