102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5004

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

See Index

Amends various Acts to make changes concerning references to noncitizen individuals. Effective immediately.

LRB102 23330 RJF 32496 b

A BILL FOR

HB5004

LRB102 23330 RJF 32496 b

1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Notary Public Act is amended by

5 changing Section 2-102 as follows:

6 (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

7 (Text of Section before amendment by P.A. 102-160)

8 Sec. 2-102. Application. Every applicant for appointment

9 and commission as a notary shall complete an application in a

10 format prescribed by the Secretary of State to be filed with

11 the Secretary of State, stating:

12 (a) the applicant's official name, as it appears on

13 his or her current driver's license or state-issued

14 identification card;

15 (b) the county in which the applicant resides or, if

16 the applicant is a resident of a state bordering Illinois,

17 the county in Illinois in which that person's principal

18 place of work or principal place of business is located;

19 (c) the applicant's residence address, as it appears

20 on his or her current driver's license or state-issued

21 identification card;

22 (c-5) the applicant's business address if different

23 than the applicant's residence address, if performing

HB5004

- 2 -

LRB102 23330 RJF 32496 b

1 notarial acts constitutes any portion of the applicant's

2 job duties;

3 (d) that the applicant has resided in the State of

4 Illinois for 30 days preceding the application or that the

5 applicant who is a resident of a state bordering Illinois

6 has worked or maintained a business in Illinois for 30

7 days preceding the application;

8 (e) that the applicant is a citizen of the United

9 States or a noncitizen ~~an alien~~lawfully admitted for

10 permanent residence in the United States;

11 (f) the applicant's date of birth;

12 (g) that the applicant is able to read and write the

13 English language;

14 (h) that the applicant has never been the holder of a

15 notary public appointment that was revoked or suspended

16 during the past 10 years;

17 (i) that the applicant has not been convicted of a

18 felony;

19 (i-5) that the applicant's signature authorizes the

20 Office of the Secretary of State to conduct a verification

21 to confirm the information provided in the application,

22 including a criminal background check of the applicant, if

23 necessary; and

24 (j) any other information the Secretary of State deems

25 necessary.

26 (Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)

HB5004

- 3 -

LRB102 23330 RJF 32496 b

1 (Text of Section after amendment by P.A. 102-160)

2 Sec. 2-102. Application.

3 (a) Application for notary public commission. Every

4 applicant for appointment and commission as a notary shall

5 complete an application in a format prescribed by the

6 Secretary of State to be filed with the Secretary of State,

7 stating:

8 (1) the applicant's official name, as it appears on

9 his or her current driver's license or state-issued

10 identification card;

11 (2) the county in which the applicant resides or, if

12 the applicant is a resident of a state bordering Illinois,

13 the county in Illinois in which that person's principal

14 place of work or principal place of business is located;

15 (3) the applicant's residence address, as it appears

16 on his or her current driver's license or state-issued

17 identification card;

18 (4) the applicant's e-mail address;

19 (5) the applicant's business address if different than

20 the applicant's residence address, if performing notarial

21 acts constitutes any portion of the applicant's job

22 duties;

23 (6) that the applicant has resided in the State of

24 Illinois for 30 days preceding the application or that the

25 applicant who is a resident of a state bordering Illinois

HB5004

- 4 -

LRB102 23330 RJF 32496 b

1 has worked or maintained a business in Illinois for 30

2 days preceding the application;

3 (7) that the applicant is a citizen of the United

4 States or lawfully admitted for permanent residence in the

5 United States;

6 (8) the applicant's date of birth;

7 (9) that the applicant is proficient in the ~~the~~

8 English language;

9 (10) that the applicant has not had a prior

10 application or commission revoked due to a finding or

11 decision by the Secretary of State;

12 (11) that the applicant has not been convicted of a

13 felony;

14 (12) that the applicant's signature authorizes the

15 Office of the Secretary of State to conduct a verification

16 to confirm the information provided in the application,

17 including a criminal background check of the applicant, if

18 necessary;

19 (13) that the applicant has provided satisfactory

20 proof to the Secretary of State that the applicant has

21 successfully completed any required course of study on

22 notarization; and

23 (14) any other information the Secretary of State

24 deems necessary.

25 (b) Any notary appointed under subsection (a) shall have

26 the authority to conduct remote notarizations.

HB5004

- 5 -

LRB102 23330 RJF 32496 b

1 (c) Application for electronic notary public commission.

2 An application for an electronic notary public commission must

3 be filed with the Secretary of State in a manner prescribed by

4 the Secretary of State. Every applicant for appointment and

5 commission as an electronic notary public shall complete an

6 application to be filed with the Secretary of State, stating:

7 (1) all information required to be included in an

8 application for appointment as an electronic notary

9 public, as provided under subsection (a);

10 (2) that the applicant is commissioned as a notary

11 public under this Act;

12 (3) the applicant's email address;

13 (4) that the applicant has provided satisfactory proof

14 to the Secretary of State that the applicant has

15 successfully completed any required course of study on

16 electronic notarization and passed a qualifying

17 examination;

18 (5) a description of the technology or device that the

19 applicant intends to use to create his or her electronic

20 signature in performing electronic notarial acts;

21 (6) the electronic signature of the applicant; and

22 (7) any other information the Secretary of State deems

23 necessary.

24 (d) Electronic notarial acts. Before an electronic notary

25 public performs an electronic notarial act using audio-video

26 communication, he or she must be granted an electronic notary

HB5004

- 6 -

LRB102 23330 RJF 32496 b

1 public commission by the Secretary of State under this

2 Section, and identify the technology that the electronic

3 notary public intends to use, which must be approved by the

4 Secretary of State.

5 (e) Approval of commission. Upon the applicant's

6 fulfillment of the requirements for a notarial commission or

7 an electronic notary public commission, the Secretary of State

8 shall approve the commission and issue to the applicant a

9 unique commission number.

10 (f) Rejection of application. The Secretary of State may

11 reject an application for a notarial commission or an

12 electronic notary public commission if the applicant fails to

13 comply with any Section of this Act.

14 (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for

15 effective date of P.A. 102-160).)

16 Section 10. The Illinois TRUST Act is amended by changing

17 Section 10 as follows:

18 (5 ILCS 805/10)

19 Sec. 10. Definitions. In this Act:

20 "Citizenship or immigration status" means all matters

21 regarding citizenship of the United States or any other

22 country or the authority to reside in or otherwise be present

23 in the United States.

24 "Civil immigration warrant" means any document that is not

HB5004

- 7 -

LRB102 23330 RJF 32496 b

1 approved or ordered by a judge that can form the basis for an

2 individual's arrest or detention for a civil immigration

3 enforcement purpose. "Civil immigration warrant" includes Form

4 I-200 ~~"Warrant for the Arrest of Alien"~~, Form I-203 ~~"Order to~~

5 ~~Detain or Release Alien"~~, Form I-205 "Warrant of

6 Removal/Deportation", Form I-286 "Notice of Custody

7 Determination", any predecessor or successor form, and all

8 warrants, hits, or requests contained in the "Immigration

9 Violator File" of the FBI's National Crime Information Center

10 (NCIC) database. "Civil immigration warrant" does not include

11 any criminal warrant.

12 "Contact information" means home address, work address,

13 telephone number, electronic mail address, social media

14 information, or any other personal identifying information

15 that could be used as a means to contact an individual.

16 "Immigration agent" means an agent of federal Immigration

17 and Customs Enforcement, federal Customs and Border

18 Protection, or any similar or successor agency.

19 "Immigration detainer" means a request to a State or local

20 law enforcement agency to provide notice of release or

21 maintain custody of an individual based on an alleged

22 violation of a civil immigration law, including detainers

23 issued under Sections 1226 or 1357 of Title 8 of the United

24 States Code or 287.7 or 236.1 of Title 8 of the Code of Federal

25 Regulations. "Immigration detainer" includes Form I-247A

26 "Immigration Detainer � Notice of Action" and any predecessor

HB5004

- 8 -

LRB102 23330 RJF 32496 b

1 or successor form.

2 "Law enforcement agency" means an agency of the State or

3 of a unit of local government charged with enforcement of

4 State, county, or municipal laws or with managing custody of

5 detained persons in the State.

6 "Law enforcement official" means any individual with the

7 power to arrest or detain individuals, including law

8 enforcement officers, corrections officer, and others employed

9 or designated by a law enforcement agency. "Law enforcement

10 official" includes any probation officer.

11 (Source: P.A. 102-234, eff. 8-2-21.)

12 Section 15. The Department of Commerce and Economic

13 Opportunity Law of the Civil Administrative Code of Illinois

14 is amended by changing Section 605-800 as follows:

15 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)

16 Sec. 605-800. Training grants for skills in critical

17 demand.

18 (a) Grants to provide training in fields affected by

19 critical demands for certain skills may be made as provided in

20 this Section.

21 (b) The Director may make grants to eligible employers or

22 to other eligible entities on behalf of employers as

23 authorized in subsection (c) to provide training for employees

24 in fields for which there are critical demands for certain

HB5004

- 9 -

LRB102 23330 RJF 32496 b

1 skills. No participating employee may be an unauthorized

2 noncitizen (a person that is not lawfully admitted for

3 permanent residence) ~~alien, as defined in 8 U.S.C. 1324a~~.

4 (c) The Director may accept applications for training

5 grant funds and grant requests from: (i) entities sponsoring

6 multi-company eligible employee training projects as defined

7 in subsection (d), including business associations, strategic

8 business partnerships, institutions of secondary or higher

9 education, large manufacturers for supplier network companies,

10 federal Job Training Partnership Act administrative entities

11 or grant recipients, and labor organizations when those

12 projects will address common training needs identified by

13 participating companies; and (ii) individual employers that

14 are undertaking eligible employee training projects as defined

15 in subsection (d), including intermediaries and training

16 agents.

17 (d) The Director may make grants to eligible applicants as

18 defined in subsection (c) for employee training projects that

19 include, but need not be limited to, one or more of the

20 following:

21 (1) Training programs in response to new or changing

22 technology being introduced in the workplace.

23 (2) Job-linked training that offers special skills for

24 career advancement or that is preparatory for, and leads

25 directly to, jobs with definite career potential and

26 long-term job security.

HB5004

- 10 -

LRB102 23330 RJF 32496 b

1 (3) Training necessary to implement total quality

2 management or improvement or both management and

3 improvement systems within the workplace.

4 (4) Training related to new machinery or equipment.

5 (5) Training of employees of companies that are

6 expanding into new markets or expanding exports from

7 Illinois.

8 (6) Basic, remedial, or both basic and remedial

9 training of employees as a prerequisite for other

10 vocational or technical skills training or as a condition

11 for sustained employment.

12 (7) Self-employment training of the unemployed and

13 underemployed with comprehensive, competency-based

14 instructional programs and services, entrepreneurial

15 education and training initiatives for youth and adult

16 learners in cooperation with the Illinois Institute for

17 Entrepreneurial Education, training and education,

18 conferences, workshops, and best practice information for

19 local program operators of entrepreneurial education and

20 self-employment training programs.

21 (8) Other training activities or projects, or both

22 training activities and projects, related to the support,

23 development, or evaluation of job training programs,

24 activities, and delivery systems, including training needs

25 assessment and design.

26 (e) Grants shall be made on the terms and conditions that

HB5004

- 11 -

LRB102 23330 RJF 32496 b

1 the Department shall determine. No grant made under subsection

2 (d), however, shall exceed 50% of the direct costs of all

3 approved training programs provided by the employer or the

4 employer's training agent or other entity as defined in

5 subsection (c). Under this Section, allowable costs include,

6 but are not limited to:

7 (1) Administrative costs of tracking, documenting,

8 reporting, and processing training funds or project costs.

9 (2) Curriculum development.

10 (3) Wages and fringe benefits of employees.

11 (4) Training materials, including scrap product costs.

12 (5) Trainee travel expenses.

13 (6) Instructor costs, including wages, fringe

14 benefits, tuition, and travel expenses.

15 (7) Rent, purchase, or lease of training equipment.

16 (8) Other usual and customary training costs.

17 (f) The Department may conduct on-site grant monitoring

18 visits to verify trainee employment dates and wages and to

19 ensure that the grantee's financial management system is

20 structured to provide for accurate, current, and complete

21 disclosure of the financial results of the grant program in

22 accordance with all provisions, terms, and conditions

23 contained in the grant contract. Each applicant must, on

24 request by the Department, provide to the Department a

25 notarized certification signed and dated by a duly authorized

26 representative of the applicant, or that representative's

HB5004

- 12 -

LRB102 23330 RJF 32496 b

1 authorized designee, certifying that all participating

2 employees are employed at an Illinois facility and, for each

3 participating employee, stating the employee's name and

4 providing either (i) the employee's social security number or

5 (ii) a statement that the applicant has adequate written

6 verification that the employee is employed at an Illinois

7 facility. The Department may audit the accuracy of

8 submissions. Applicants sponsoring multi-company training

9 grant programs shall obtain information meeting the

10 requirement of this subsection from each participating company

11 and provide it to the Department upon request.

12 (g) The Director may establish and collect a schedule of

13 charges from subgrantee entities and other system users under

14 federal job-training programs for participating in and

15 utilizing the Department's automated job-training program

16 information systems if the systems and the necessary

17 participation and utilization are requirements of the federal

18 job-training programs. All monies collected pursuant to this

19 subsection shall be deposited into the Federal Workforce

20 Training Fund and may be used, subject to appropriation by the

21 General Assembly, only for the purpose of financing the

22 maintenance and operation of the automated federal

23 job-training information systems.

24 (Source: P.A. 99-933, eff. 1-27-17.)

25 Section 20. The Illinois Guaranteed Job Opportunity Act is

HB5004

- 13 -

LRB102 23330 RJF 32496 b

1 amended by changing Section 25 as follows:

2 (20 ILCS 1510/25)

3 Sec. 25. Program eligibility.

4 (a) General Rule. An individual is eligible to participate

5 in the job projects assisted under this Act if the individual:

6 (1) is at least 16 years of age;

7 (2) has resided in the eligible area for at least 30

8 days;

9 (3) has been unemployed for 35 days prior to the

10 determination of employment for job projects assisted

11 under this Act;

12 (4) is a citizen of the United States, is a national of

13 the United States, is a lawfully admitted permanent

14 resident noncitizen ~~alien~~, is a lawfully admitted refugee

15 or parolee, or is otherwise authorized by the United

16 States Attorney General to work in the United States; and

17 (5) is a recipient of assistance under Article IV of

18 the Illinois Public Aid Code.

19 (b) Limitations.

20 (1) (Blank).

21 (2) (Blank).

22 (3) No individual participating in the job opportunity

23 project assisted under this Act may work in any

24 compensated job other than the job assisted under this Act

25 for more than 20 hours per week.

HB5004

- 14 -

LRB102 23330 RJF 32496 b

1 (4) Individuals participating under this Act shall

2 seek employment during the period of employment assisted

3 under this Act.

4 (5) Any individual eligible for retirement benefits

5 under the Social Security Act, under any retirement system

6 for Federal Government employees, under the railroad

7 retirement system, under the military retirement system,

8 under a State or local government pension plan or

9 retirement system, or any private pension program is not

10 eligible to receive a job under a job project assisted

11 under this Act.

12 (Source: P.A. 93-46, eff. 7-1-03.)

13 Section 25. The Illinois Income Tax Act is amended by

14 changing Section 1501 as follows:

15 (35 ILCS 5/1501) (from Ch. 120, par. 15-1501)

16 Sec. 1501. Definitions.

17 (a) In general. When used in this Act, where not otherwise

18 distinctly expressed or manifestly incompatible with the

19 intent thereof:

20 (1) Business income. The term "business income" means

21 all income that may be treated as apportionable business

22 income under the Constitution of the United States.

23 Business income is net of the deductions allocable

24 thereto. Such term does not include compensation or the

HB5004

- 15 -

LRB102 23330 RJF 32496 b

1 deductions allocable thereto. For each taxable year

2 beginning on or after January 1, 2003, a taxpayer may

3 elect to treat all income other than compensation as

4 business income. This election shall be made in accordance

5 with rules adopted by the Department and, once made, shall

6 be irrevocable.

7 (1.5) Captive real estate investment trust:

8 (A) The term "captive real estate investment

9 trust" means a corporation, trust, or association:

10 (i) that is considered a real estate

11 investment trust for the taxable year under

12 Section 856 of the Internal Revenue Code;

13 (ii) the certificates of beneficial interest

14 or shares of which are not regularly traded on an

15 established securities market; and

16 (iii) of which more than 50% of the voting

17 power or value of the beneficial interest or

18 shares, at any time during the last half of the

19 taxable year, is owned or controlled, directly,

20 indirectly, or constructively, by a single

21 corporation.

22 (B) The term "captive real estate investment

23 trust" does not include:

24 (i) a real estate investment trust of which

25 more than 50% of the voting power or value of the

26 beneficial interest or shares is owned or

HB5004

- 16 -

LRB102 23330 RJF 32496 b

1 controlled, directly, indirectly, or

2 constructively, by:

3 (a) a real estate investment trust, other

4 than a captive real estate investment trust;

5 (b) a person who is exempt from taxation

6 under Section 501 of the Internal Revenue

7 Code, and who is not required to treat income

8 received from the real estate investment trust

9 as unrelated business taxable income under

10 Section 512 of the Internal Revenue Code;

11 (c) a listed Australian property trust, if

12 no more than 50% of the voting power or value

13 of the beneficial interest or shares of that

14 trust, at any time during the last half of the

15 taxable year, is owned or controlled, directly

16 or indirectly, by a single person;

17 (d) an entity organized as a trust,

18 provided a listed Australian property trust

19 described in subparagraph (c) owns or

20 controls, directly or indirectly, or

21 constructively, 75% or more of the voting

22 power or value of the beneficial interests or

23 shares of such entity; or

24 (e) an entity that is organized outside of

25 the laws of the United States and that

26 satisfies all of the following criteria:

HB5004

- 17 -

LRB102 23330 RJF 32496 b

1 (1) at least 75% of the entity's total

2 asset value at the close of its taxable

3 year is represented by real estate assets

4 (as defined in Section 856(c)(5)(B) of the

5 Internal Revenue Code, thereby including

6 shares or certificates of beneficial

7 interest in any real estate investment

8 trust), cash and cash equivalents, and

9 U.S. Government securities;

10 (2) the entity is not subject to tax

11 on amounts that are distributed to its

12 beneficial owners or is exempt from

13 entity-level taxation;

14 (3) the entity distributes at least

15 85% of its taxable income (as computed in

16 the jurisdiction in which it is organized)

17 to the holders of its shares or

18 certificates of beneficial interest on an

19 annual basis;

20 (4) either (i) the shares or

21 beneficial interests of the entity are

22 regularly traded on an established

23 securities market or (ii) not more than

24 10% of the voting power or value in the

25 entity is held, directly, indirectly, or

26 constructively, by a single entity or

HB5004

- 18 -

LRB102 23330 RJF 32496 b

1 individual; and

2 (5) the entity is organized in a

3 country that has entered into a tax treaty

4 with the United States; or

5 (ii) during its first taxable year for which

6 it elects to be treated as a real estate

7 investment trust under Section 856(c)(1) of the

8 Internal Revenue Code, a real estate investment

9 trust the certificates of beneficial interest or

10 shares of which are not regularly traded on an

11 established securities market, but only if the

12 certificates of beneficial interest or shares of

13 the real estate investment trust are regularly

14 traded on an established securities market prior

15 to the earlier of the due date (including

16 extensions) for filing its return under this Act

17 for that first taxable year or the date it

18 actually files that return.

19 (C) For the purposes of this subsection (1.5), the

20 constructive ownership rules prescribed under Section

21 318(a) of the Internal Revenue Code, as modified by

22 Section 856(d)(5) of the Internal Revenue Code, apply

23 in determining the ownership of stock, assets, or net

24 profits of any person.

25 (D) For the purposes of this item (1.5), for

26 taxable years ending on or after August 16, 2007, the

HB5004

- 19 -

LRB102 23330 RJF 32496 b

1 voting power or value of the beneficial interest or

2 shares of a real estate investment trust does not

3 include any voting power or value of beneficial

4 interest or shares in a real estate investment trust

5 held directly or indirectly in a segregated asset

6 account by a life insurance company (as described in

7 Section 817 of the Internal Revenue Code) to the

8 extent such voting power or value is for the benefit of

9 entities or persons who are either immune from

10 taxation or exempt from taxation under subtitle A of

11 the Internal Revenue Code.

12 (2) Commercial domicile. The term "commercial

13 domicile" means the principal place from which the trade

14 or business of the taxpayer is directed or managed.

15 (3) Compensation. The term "compensation" means wages,

16 salaries, commissions and any other form of remuneration

17 paid to employees for personal services.

18 (4) Corporation. The term "corporation" includes

19 associations, joint-stock companies, insurance companies

20 and cooperatives. Any entity, including a limited

21 liability company formed under the Illinois Limited

22 Liability Company Act, shall be treated as a corporation

23 if it is so classified for federal income tax purposes.

24 (5) Department. The term "Department" means the

25 Department of Revenue of this State.

26 (6) Director. The term "Director" means the Director

HB5004

- 20 -

LRB102 23330 RJF 32496 b

1 of Revenue of this State.

2 (7) Fiduciary. The term "fiduciary" means a guardian,

3 trustee, executor, administrator, receiver, or any person

4 acting in any fiduciary capacity for any person.

5 (8) Financial organization.

6 (A) The term "financial organization" means any

7 bank, bank holding company, trust company, savings

8 bank, industrial bank, land bank, safe deposit

9 company, private banker, savings and loan association,

10 building and loan association, credit union, currency

11 exchange, cooperative bank, small loan company, sales

12 finance company, investment company, or any person

13 which is owned by a bank or bank holding company. For

14 the purpose of this Section a "person" will include

15 only those persons which a bank holding company may

16 acquire and hold an interest in, directly or

17 indirectly, under the provisions of the Bank Holding

18 Company Act of 1956 (12 U.S.C. 1841, et seq.), except

19 where interests in any person must be disposed of

20 within certain required time limits under the Bank

21 Holding Company Act of 1956.

22 (B) For purposes of subparagraph (A) of this

23 paragraph, the term "bank" includes (i) any entity

24 that is regulated by the Comptroller of the Currency

25 under the National Bank Act, or by the Federal Reserve

26 Board, or by the Federal Deposit Insurance Corporation

HB5004

- 21 -

LRB102 23330 RJF 32496 b

1 and (ii) any federally or State chartered bank

2 operating as a credit card bank.

3 (C) For purposes of subparagraph (A) of this

4 paragraph, the term "sales finance company" has the

5 meaning provided in the following item (i) or (ii):

6 (i) A person primarily engaged in one or more

7 of the following businesses: the business of

8 purchasing customer receivables, the business of

9 making loans upon the security of customer

10 receivables, the business of making loans for the

11 express purpose of funding purchases of tangible

12 personal property or services by the borrower, or

13 the business of finance leasing. For purposes of

14 this item (i), "customer receivable" means:

15 (a) a retail installment contract or

16 retail charge agreement within the meaning of

17 the Sales Finance Agency Act, the Retail

18 Installment Sales Act, or the Motor Vehicle

19 Retail Installment Sales Act;

20 (b) an installment, charge, credit, or

21 similar contract or agreement arising from the

22 sale of tangible personal property or services

23 in a transaction involving a deferred payment

24 price payable in one or more installments

25 subsequent to the sale; or

26 (c) the outstanding balance of a contract

HB5004

- 22 -

LRB102 23330 RJF 32496 b

1 or agreement described in provisions (a) or

2 (b) of this item (i).

3 A customer receivable need not provide for

4 payment of interest on deferred payments. A sales

5 finance company may purchase a customer receivable

6 from, or make a loan secured by a customer

7 receivable to, the seller in the original

8 transaction or to a person who purchased the

9 customer receivable directly or indirectly from

10 that seller.

11 (ii) A corporation meeting each of the

12 following criteria:

13 (a) the corporation must be a member of an

14 "affiliated group" within the meaning of

15 Section 1504(a) of the Internal Revenue Code,

16 determined without regard to Section 1504(b)

17 of the Internal Revenue Code;

18 (b) more than 50% of the gross income of

19 the corporation for the taxable year must be

20 interest income derived from qualifying loans.

21 A "qualifying loan" is a loan made to a member

22 of the corporation's affiliated group that

23 originates customer receivables (within the

24 meaning of item (i)) or to whom customer

25 receivables originated by a member of the

26 affiliated group have been transferred, to the

HB5004

- 23 -

LRB102 23330 RJF 32496 b

1 extent the average outstanding balance of

2 loans from that corporation to members of its

3 affiliated group during the taxable year do

4 not exceed the limitation amount for that

5 corporation. The "limitation amount" for a

6 corporation is the average outstanding

7 balances during the taxable year of customer

8 receivables (within the meaning of item (i))

9 originated by all members of the affiliated

10 group. If the average outstanding balances of

11 the loans made by a corporation to members of

12 its affiliated group exceed the limitation

13 amount, the interest income of that

14 corporation from qualifying loans shall be

15 equal to its interest income from loans to

16 members of its affiliated groups times a

17 fraction equal to the limitation amount

18 divided by the average outstanding balances of

19 the loans made by that corporation to members

20 of its affiliated group;

21 (c) the total of all shareholder's equity

22 (including, without limitation, paid-in

23 capital on common and preferred stock and

24 retained earnings) of the corporation plus the

25 total of all of its loans, advances, and other

26 obligations payable or owed to members of its

HB5004

- 24 -

LRB102 23330 RJF 32496 b

1 affiliated group may not exceed 20% of the

2 total assets of the corporation at any time

3 during the tax year; and

4 (d) more than 50% of all interest-bearing

5 obligations of the affiliated group payable to

6 persons outside the group determined in

7 accordance with generally accepted accounting

8 principles must be obligations of the

9 corporation.

10 This amendatory Act of the 91st General Assembly

11 is declaratory of existing law.

12 (D) Subparagraphs (B) and (C) of this paragraph

13 are declaratory of existing law and apply

14 retroactively, for all tax years beginning on or

15 before December 31, 1996, to all original returns, to

16 all amended returns filed no later than 30 days after

17 the effective date of this amendatory Act of 1996, and

18 to all notices issued on or before the effective date

19 of this amendatory Act of 1996 under subsection (a) of

20 Section 903, subsection (a) of Section 904, subsection

21 (e) of Section 909, or Section 912. A taxpayer that is

22 a "financial organization" that engages in any

23 transaction with an affiliate shall be a "financial

24 organization" for all purposes of this Act.

25 (E) For all tax years beginning on or before

26 December 31, 1996, a taxpayer that falls within the

HB5004

- 25 -

LRB102 23330 RJF 32496 b

1 definition of a "financial organization" under

2 subparagraphs (B) or (C) of this paragraph, but who

3 does not fall within the definition of a "financial

4 organization" under the Proposed Regulations issued by

5 the Department of Revenue on July 19, 1996, may

6 irrevocably elect to apply the Proposed Regulations

7 for all of those years as though the Proposed

8 Regulations had been lawfully promulgated, adopted,

9 and in effect for all of those years. For purposes of

10 applying subparagraphs (B) or (C) of this paragraph to

11 all of those years, the election allowed by this

12 subparagraph applies only to the taxpayer making the

13 election and to those members of the taxpayer's

14 unitary business group who are ordinarily required to

15 apportion business income under the same subsection of

16 Section 304 of this Act as the taxpayer making the

17 election. No election allowed by this subparagraph

18 shall be made under a claim filed under subsection (d)

19 of Section 909 more than 30 days after the effective

20 date of this amendatory Act of 1996.

21 (F) Finance Leases. For purposes of this

22 subsection, a finance lease shall be treated as a loan

23 or other extension of credit, rather than as a lease,

24 regardless of how the transaction is characterized for

25 any other purpose, including the purposes of any

26 regulatory agency to which the lessor is subject. A

HB5004

- 26 -

LRB102 23330 RJF 32496 b

1 finance lease is any transaction in the form of a lease

2 in which the lessee is treated as the owner of the

3 leased asset entitled to any deduction for

4 depreciation allowed under Section 167 of the Internal

5 Revenue Code.

6 (9) Fiscal year. The term "fiscal year" means an

7 accounting period of 12 months ending on the last day of

8 any month other than December.

9 (9.5) Fixed place of business. The term "fixed place

10 of business" has the same meaning as that term is given in

11 Section 864 of the Internal Revenue Code and the related

12 Treasury regulations.

13 (10) Includes and including. The terms "includes" and

14 "including" when used in a definition contained in this

15 Act shall not be deemed to exclude other things otherwise

16 within the meaning of the term defined.

17 (11) Internal Revenue Code. The term "Internal Revenue

18 Code" means the United States Internal Revenue Code of

19 1954 or any successor law or laws relating to federal

20 income taxes in effect for the taxable year.

21 (11.5) Investment partnership.

22 (A) The term "investment partnership" means any

23 entity that is treated as a partnership for federal

24 income tax purposes that meets the following

25 requirements:

26 (i) no less than 90% of the partnership's cost

HB5004

- 27 -

LRB102 23330 RJF 32496 b

1 of its total assets consists of qualifying

2 investment securities, deposits at banks or other

3 financial institutions, and office space and

4 equipment reasonably necessary to carry on its

5 activities as an investment partnership;

6 (ii) no less than 90% of its gross income

7 consists of interest, dividends, and gains from

8 the sale or exchange of qualifying investment

9 securities; and

10 (iii) the partnership is not a dealer in

11 qualifying investment securities.

12 (B) For purposes of this paragraph (11.5), the

13 term "qualifying investment securities" includes all

14 of the following:

15 (i) common stock, including preferred or debt

16 securities convertible into common stock, and

17 preferred stock;

18 (ii) bonds, debentures, and other debt

19 securities;

20 (iii) foreign and domestic currency deposits

21 secured by federal, state, or local governmental

22 agencies;

23 (iv) mortgage or asset-backed securities

24 secured by federal, state, or local governmental

25 agencies;

26 (v) repurchase agreements and loan

HB5004

- 28 -

LRB102 23330 RJF 32496 b

1 participations;

2 (vi) foreign currency exchange contracts and

3 forward and futures contracts on foreign

4 currencies;

5 (vii) stock and bond index securities and

6 futures contracts and other similar financial

7 securities and futures contracts on those

8 securities;

9 (viii) options for the purchase or sale of any

10 of the securities, currencies, contracts, or

11 financial instruments described in items (i) to

12 (vii), inclusive;

13 (ix) regulated futures contracts;

14 (x) commodities (not described in Section

15 1221(a)(1) of the Internal Revenue Code) or

16 futures, forwards, and options with respect to

17 such commodities, provided, however, that any item

18 of a physical commodity to which title is actually

19 acquired in the partnership's capacity as a dealer

20 in such commodity shall not be a qualifying

21 investment security;

22 (xi) derivatives; and

23 (xii) a partnership interest in another

24 partnership that is an investment partnership.

25 (12) Mathematical error. The term "mathematical error"

26 includes the following types of errors, omissions, or

HB5004

- 29 -

LRB102 23330 RJF 32496 b

1 defects in a return filed by a taxpayer which prevents

2 acceptance of the return as filed for processing:

3 (A) arithmetic errors or incorrect computations on

4 the return or supporting schedules;

5 (B) entries on the wrong lines;

6 (C) omission of required supporting forms or

7 schedules or the omission of the information in whole

8 or in part called for thereon; and

9 (D) an attempt to claim, exclude, deduct, or

10 improperly report, in a manner directly contrary to

11 the provisions of the Act and regulations thereunder

12 any item of income, exemption, deduction, or credit.

13 (13) Nonbusiness income. The term "nonbusiness income"

14 means all income other than business income or

15 compensation.

16 (14) Nonresident. The term "nonresident" means a

17 person who is not a resident.

18 (15) Paid, incurred and accrued. The terms "paid",

19 "incurred" and "accrued" shall be construed according to

20 the method of accounting upon the basis of which the

21 person's base income is computed under this Act.

22 (16) Partnership and partner. The term "partnership"

23 includes a syndicate, group, pool, joint venture or other

24 unincorporated organization, through or by means of which

25 any business, financial operation, or venture is carried

26 on, and which is not, within the meaning of this Act, a

HB5004

- 30 -

LRB102 23330 RJF 32496 b

1 trust or estate or a corporation; and the term "partner"

2 includes a member in such syndicate, group, pool, joint

3 venture or organization.

4 The term "partnership" includes any entity, including

5 a limited liability company formed under the Illinois

6 Limited Liability Company Act, classified as a partnership

7 for federal income tax purposes.

8 The term "partnership" does not include a syndicate,

9 group, pool, joint venture, or other unincorporated

10 organization established for the sole purpose of playing

11 the Illinois State Lottery.

12 (17) Part-year resident. The term "part-year resident"

13 means an individual who became a resident during the

14 taxable year or ceased to be a resident during the taxable

15 year. Under Section 1501(a)(20)(A)(i) residence commences

16 with presence in this State for other than a temporary or

17 transitory purpose and ceases with absence from this State

18 for other than a temporary or transitory purpose. Under

19 Section 1501(a)(20)(A)(ii) residence commences with the

20 establishment of domicile in this State and ceases with

21 the establishment of domicile in another State.

22 (18) Person. The term "person" shall be construed to

23 mean and include an individual, a trust, estate,

24 partnership, association, firm, company, corporation,

25 limited liability company, or fiduciary. For purposes of

26 Section 1301 and 1302 of this Act, a "person" means (i) an

HB5004

- 31 -

LRB102 23330 RJF 32496 b

1 individual, (ii) a corporation, (iii) an officer, agent,

2 or employee of a corporation, (iv) a member, agent or

3 employee of a partnership, or (v) a member, manager,

4 employee, officer, director, or agent of a limited

5 liability company who in such capacity commits an offense

6 specified in Section 1301 and 1302.

7 (18A) Records. The term "records" includes all data

8 maintained by the taxpayer, whether on paper, microfilm,

9 microfiche, or any type of machine-sensible data

10 compilation.

11 (19) Regulations. The term "regulations" includes

12 rules promulgated and forms prescribed by the Department.

13 (20) Resident. The term "resident" means:

14 (A) an individual (i) who is in this State for

15 other than a temporary or transitory purpose during

16 the taxable year; or (ii) who is domiciled in this

17 State but is absent from the State for a temporary or

18 transitory purpose during the taxable year;

19 (B) The estate of a decedent who at his or her

20 death was domiciled in this State;

21 (C) A trust created by a will of a decedent who at

22 his death was domiciled in this State; and

23 (D) An irrevocable trust, the grantor of which was

24 domiciled in this State at the time such trust became

25 irrevocable. For purpose of this subparagraph, a trust

26 shall be considered irrevocable to the extent that the

HB5004

- 32 -

LRB102 23330 RJF 32496 b

1 grantor is not treated as the owner thereof under

2 Sections 671 through 678 of the Internal Revenue Code.

3 (21) Sales. The term "sales" means all gross receipts

4 of the taxpayer not allocated under Sections 301, 302 and

5 303.

6 (22) State. The term "state" when applied to a

7 jurisdiction other than this State means any state of the

8 United States, the District of Columbia, the Commonwealth

9 of Puerto Rico, any Territory or Possession of the United

10 States, and any foreign country, or any political

11 subdivision of any of the foregoing. For purposes of the

12 foreign tax credit under Section 601, the term "state"

13 means any state of the United States, the District of

14 Columbia, the Commonwealth of Puerto Rico, and any

15 territory or possession of the United States, or any

16 political subdivision of any of the foregoing, effective

17 for tax years ending on or after December 31, 1989.

18 (23) Taxable year. The term "taxable year" means the

19 calendar year, or the fiscal year ending during such

20 calendar year, upon the basis of which the base income is

21 computed under this Act. "Taxable year" means, in the case

22 of a return made for a fractional part of a year under the

23 provisions of this Act, the period for which such return

24 is made.

25 (24) Taxpayer. The term "taxpayer" means any person

26 subject to the tax imposed by this Act.

HB5004

- 33 -

LRB102 23330 RJF 32496 b

1 (25) International banking facility. The term

2 international banking facility shall have the same meaning

3 as is set forth in the Illinois Banking Act or as is set

4 forth in the laws of the United States or regulations of

5 the Board of Governors of the Federal Reserve System.

6 (26) Income Tax Return Preparer.

7 (A) The term "income tax return preparer" means

8 any person who prepares for compensation, or who

9 employs one or more persons to prepare for

10 compensation, any return of tax imposed by this Act or

11 any claim for refund of tax imposed by this Act. The

12 preparation of a substantial portion of a return or

13 claim for refund shall be treated as the preparation

14 of that return or claim for refund.

15 (B) A person is not an income tax return preparer

16 if all he or she does is

17 (i) furnish typing, reproducing, or other

18 mechanical assistance;

19 (ii) prepare returns or claims for refunds for

20 the employer by whom he or she is regularly and

21 continuously employed;

22 (iii) prepare as a fiduciary returns or claims

23 for refunds for any person; or

24 (iv) prepare claims for refunds for a taxpayer

25 in response to any notice of deficiency issued to

26 that taxpayer or in response to any waiver of

HB5004

- 34 -

LRB102 23330 RJF 32496 b

1 restriction after the commencement of an audit of

2 that taxpayer or of another taxpayer if a

3 determination in the audit of the other taxpayer

4 directly or indirectly affects the tax liability

5 of the taxpayer whose claims he or she is

6 preparing.

7 (27) Unitary business group.

8 (A) The term "unitary business group" means a

9 group of persons related through common ownership

10 whose business activities are integrated with,

11 dependent upon and contribute to each other. The group

12 will not include those members whose business activity

13 outside the United States is 80% or more of any such

14 member's total business activity; for purposes of this

15 paragraph and clause (a)(3)(B)(ii) of Section 304,

16 business activity within the United States shall be

17 measured by means of the factors ordinarily applicable

18 under subsections (a), (b), (c), (d), or (h) of

19 Section 304 except that, in the case of members

20 ordinarily required to apportion business income by

21 means of the 3 factor formula of property, payroll and

22 sales specified in subsection (a) of Section 304,

23 including the formula as weighted in subsection (h) of

24 Section 304, such members shall not use the sales

25 factor in the computation and the results of the

26 property and payroll factor computations of subsection

HB5004

- 35 -

LRB102 23330 RJF 32496 b

1 (a) of Section 304 shall be divided by 2 (by one if

2 either the property or payroll factor has a

3 denominator of zero). The computation required by the

4 preceding sentence shall, in each case, involve the

5 division of the member's property, payroll, or revenue

6 miles in the United States, insurance premiums on

7 property or risk in the United States, or financial

8 organization business income from sources within the

9 United States, as the case may be, by the respective

10 worldwide figures for such items. Common ownership in

11 the case of corporations is the direct or indirect

12 control or ownership of more than 50% of the

13 outstanding voting stock of the persons carrying on

14 unitary business activity. Unitary business activity

15 can ordinarily be illustrated where the activities of

16 the members are: (1) in the same general line (such as

17 manufacturing, wholesaling, retailing of tangible

18 personal property, insurance, transportation or

19 finance); or (2) are steps in a vertically structured

20 enterprise or process (such as the steps involved in

21 the production of natural resources, which might

22 include exploration, mining, refining, and marketing);

23 and, in either instance, the members are functionally

24 integrated through the exercise of strong centralized

25 management (where, for example, authority over such

26 matters as purchasing, financing, tax compliance,

HB5004

- 36 -

LRB102 23330 RJF 32496 b

1 product line, personnel, marketing and capital

2 investment is not left to each member).

3 (B) In no event, for taxable years ending prior to

4 December 31, 2017, shall any unitary business group

5 include members which are ordinarily required to

6 apportion business income under different subsections

7 of Section 304 except that for tax years ending on or

8 after December 31, 1987 this prohibition shall not

9 apply to a holding company that would otherwise be a

10 member of a unitary business group with taxpayers that

11 apportion business income under any of subsections

12 (b), (c), (c-1), or (d) of Section 304. If a unitary

13 business group would, but for the preceding sentence,

14 include members that are ordinarily required to

15 apportion business income under different subsections

16 of Section 304, then for each subsection of Section

17 304 for which there are two or more members, there

18 shall be a separate unitary business group composed of

19 such members. For purposes of the preceding two

20 sentences, a member is "ordinarily required to

21 apportion business income" under a particular

22 subsection of Section 304 if it would be required to

23 use the apportionment method prescribed by such

24 subsection except for the fact that it derives

25 business income solely from Illinois. As used in this

26 paragraph, for taxable years ending before December

HB5004

- 37 -

LRB102 23330 RJF 32496 b

1 31, 2017, the phrase "United States" means only the 50

2 states and the District of Columbia, but does not

3 include any territory or possession of the United

4 States or any area over which the United States has

5 asserted jurisdiction or claimed exclusive rights with

6 respect to the exploration for or exploitation of

7 natural resources. For taxable years ending on or

8 after December 31, 2017, the phrase "United States",

9 as used in this paragraph, means only the 50 states,

10 the District of Columbia, and any area over which the

11 United States has asserted jurisdiction or claimed

12 exclusive rights with respect to the exploration for

13 or exploitation of natural resources, but does not

14 include any territory or possession of the United

15 States.

16 (C) Holding companies.

17 (i) For purposes of this subparagraph, a

18 "holding company" is a corporation (other than a

19 corporation that is a financial organization under

20 paragraph (8) of this subsection (a) of Section

21 1501 because it is a bank holding company under

22 the provisions of the Bank Holding Company Act of

23 1956 (12 U.S.C. 1841, et seq.) or because it is

24 owned by a bank or a bank holding company) that

25 owns a controlling interest in one or more other

26 taxpayers ("controlled taxpayers"); that, during

HB5004

- 38 -

LRB102 23330 RJF 32496 b

1 the period that includes the taxable year and the

2 2 immediately preceding taxable years or, if the

3 corporation was formed during the current or

4 immediately preceding taxable year, the taxable

5 years in which the corporation has been in

6 existence, derived substantially all its gross

7 income from dividends, interest, rents, royalties,

8 fees or other charges received from controlled

9 taxpayers for the provision of services, and gains

10 on the sale or other disposition of interests in

11 controlled taxpayers or in property leased or

12 licensed to controlled taxpayers or used by the

13 taxpayer in providing services to controlled

14 taxpayers; and that incurs no substantial expenses

15 other than expenses (including interest and other

16 costs of borrowing) incurred in connection with

17 the acquisition and holding of interests in

18 controlled taxpayers and in the provision of

19 services to controlled taxpayers or in the leasing

20 or licensing of property to controlled taxpayers.

21 (ii) The income of a holding company which is

22 a member of more than one unitary business group

23 shall be included in each unitary business group

24 of which it is a member on a pro rata basis, by

25 including in each unitary business group that

26 portion of the base income of the holding company

HB5004

- 39 -

LRB102 23330 RJF 32496 b

1 that bears the same proportion to the total base

2 income of the holding company as the gross

3 receipts of the unitary business group bears to

4 the combined gross receipts of all unitary

5 business groups (in both cases without regard to

6 the holding company) or on any other reasonable

7 basis, consistently applied.

8 (iii) A holding company shall apportion its

9 business income under the subsection of Section

10 304 used by the other members of its unitary

11 business group. The apportionment factors of a

12 holding company which would be a member of more

13 than one unitary business group shall be included

14 with the apportionment factors of each unitary

15 business group of which it is a member on a pro

16 rata basis using the same method used in clause

17 (ii).

18 (iv) The provisions of this subparagraph (C)

19 are intended to clarify existing law.

20 (D) If including the base income and factors of a

21 holding company in more than one unitary business

22 group under subparagraph (C) does not fairly reflect

23 the degree of integration between the holding company

24 and one or more of the unitary business groups, the

25 dependence of the holding company and one or more of

26 the unitary business groups upon each other, or the

HB5004

- 40 -

LRB102 23330 RJF 32496 b

1 contributions between the holding company and one or

2 more of the unitary business groups, the holding

3 company may petition the Director, under the

4 procedures provided under Section 304(f), for

5 permission to include all base income and factors of

6 the holding company only with members of a unitary

7 business group apportioning their business income

8 under one subsection of subsections (a), (b), (c), or

9 (d) of Section 304. If the petition is granted, the

10 holding company shall be included in a unitary

11 business group only with persons apportioning their

12 business income under the selected subsection of

13 Section 304 until the Director grants a petition of

14 the holding company either to be included in more than

15 one unitary business group under subparagraph (C) or

16 to include its base income and factors only with

17 members of a unitary business group apportioning their

18 business income under a different subsection of

19 Section 304.

20 (E) If the unitary business group members'

21 accounting periods differ, the common parent's

22 accounting period or, if there is no common parent,

23 the accounting period of the member that is expected

24 to have, on a recurring basis, the greatest Illinois

25 income tax liability must be used to determine whether

26 to use the apportionment method provided in subsection

HB5004

- 41 -

LRB102 23330 RJF 32496 b

1 (a) or subsection (h) of Section 304. The prohibition

2 against membership in a unitary business group for

3 taxpayers ordinarily required to apportion income

4 under different subsections of Section 304 does not

5 apply to taxpayers required to apportion income under

6 subsection (a) and subsection (h) of Section 304. The

7 provisions of this amendatory Act of 1998 apply to tax

8 years ending on or after December 31, 1998.

9 (28) Subchapter S corporation. The term "Subchapter S

10 corporation" means a corporation for which there is in

11 effect an election under Section 1362 of the Internal

12 Revenue Code, or for which there is a federal election to

13 opt out of the provisions of the Subchapter S Revision Act

14 of 1982 and have applied instead the prior federal

15 Subchapter S rules as in effect on July 1, 1982.

16 (30) Foreign person. The term "foreign person" means

17 any person who is a nonresident noncitizen ~~alien~~

18 individual and any nonindividual entity, regardless of

19 where created or organized, whose business activity

20 outside the United States is 80% or more of the entity's

21 total business activity.

22 (b) Other definitions.

23 (1) Words denoting number, gender, and so forth, when

24 used in this Act, where not otherwise distinctly expressed

25 or manifestly incompatible with the intent thereof:

HB5004

- 42 -

LRB102 23330 RJF 32496 b

1 (A) Words importing the singular include and apply

2 to several persons, parties or things;

3 (B) Words importing the plural include the

4 singular; and

5 (C) Words importing the masculine gender include

6 the feminine as well.

7 (2) "Company" or "association" as including successors

8 and assigns. The word "company" or "association", when

9 used in reference to a corporation, shall be deemed to

10 embrace the words "successors and assigns of such company

11 or association", and in like manner as if these last-named

12 words, or words of similar import, were expressed.

13 (3) Other terms. Any term used in any Section of this

14 Act with respect to the application of, or in connection

15 with, the provisions of any other Section of this Act

16 shall have the same meaning as in such other Section.

17 (Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)

18 Section 30. The Counties Code is amended by changing

19 Section 3-12007 as follows:

20 (55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)

21 Sec. 3-12007. Proposed rules for classified service. (a)

22 The Director of Personnel shall prepare and submit to the

23 commission proposed rules for the classified service. The

24 director shall give at least 10 days' notice to the heads of

HB5004

- 43 -

LRB102 23330 RJF 32496 b

1 all departments or agencies affected and they shall be given

2 an opportunity, upon their request, to appear before the

3 commission to express their views thereon before action is

4 taken by the commission.

5 (b) The rules, as adopted pursuant to subsection (a) of

6 Section 3-12005 shall provide for:

7 (1) preparation, maintenance and revision of a position

8 classification plan for all positions in the classified

9 service, based upon the similarity of duties performed and

10 responsibilities assumed, so that the same qualifications may

11 reasonably be required and the same schedule of pay may be

12 applied to all positions in the same class. Each position

13 authorized by the Board shall be allocated by the director to

14 the proper class and assigned to the appropriate pay range for

15 that class.

16 (2) promotion which shall give appropriate consideration

17 to the applicant's qualifications, record of performance,

18 seniority, and conduct. Vacancies shall be filled by promotion

19 whenever practicable and in the best interest of the county

20 service, and preference may be given to employees within the

21 department in which the vacancy occurs.

22 (3) open competitive examinations to determine the

23 relative fitness of applicants for the respective competitive

24 positions.

25 (4) competitive selection of employees for all classes in

26 the classified service.

HB5004

- 44 -

LRB102 23330 RJF 32496 b

1 (5) establishment of lists of eligibles for appointment

2 and promotion, upon which lists shall be placed the names of

3 successful candidates in the order of their relative

4 excellence in the respective examinations. The duration of

5 eligible lists for initial appointment shall be for no more

6 than one year unless extended by the director for not more than

7 one additional year; lists of eligibles for promotion shall be

8 maintained for as long as the tests on which they are based are

9 considered valid by the director.

10 (6) certification by the director to the appointing

11 authorities of not more than the top 5 names from the list of

12 eligibles for a single vacancy.

13 (7) rejection of candidates who do not comply with

14 reasonable job requirements in regard to such factors as age,

15 physical condition, training and experience, or who are

16 addicted to alcohol or narcotics or have been guilty of

17 infamous or disgraceful conduct or are illegal noncitizens

18 ~~aliens~~.

19 (8) periods of probationary employment. During the initial

20 probation period following appointment any employee may be

21 discharged or demoted without charges or hearing except that

22 any applicant or employee, regardless of status, who has

23 reason to believe that he/she has been discriminated against

24 because of religious opinions or affiliation, or race, sex, or

25 national origin in any personnel action may appeal to the

26 commission in accordance with the provisions of this Division

HB5004

- 45 -

LRB102 23330 RJF 32496 b

1 or in appropriate rules established by the commission pursuant

2 to subsection (a) of Section 3-12005.

3 (9) provisional employment without competitive

4 examinations when there is no appropriate eligible list

5 available. No person hired as a provisional employee shall

6 continue on the county payroll longer than 6 months per

7 calendar year nor shall successive provisional appointments be

8 allowed.

9 (10) transfer from a position in one department to a

10 position in another department involving similar

11 qualifications, duties, responsibilities and salary.

12 (11) procedures for authorized reinstatement within one

13 year of persons who resign in good standing.

14 (12) layoff by reason of lack of funds or work or abolition

15 of the position, or material changes in duties or

16 organization, and for the layoff of nontenured employees

17 first, and for the reemployment of permanent employees so laid

18 off, giving consideration in both layoff and reemployment to

19 performance record and seniority in service.

20 (13) keeping records of performance of all employees in

21 the classified service.

22 (14) suspension, demotion or dismissal of an employee for

23 misconduct, inefficiency, incompetence, insubordination,

24 malfeasance or other unfitness to render effective service and

25 for the investigation and hearing of appeals of any employee

26 recommended for suspension, demotion or dismissal by a

HB5004

- 46 -

LRB102 23330 RJF 32496 b

1 department head for any of the foregoing reasons.

2 (15) establishment of a plan for resolving employee

3 grievances and complaints, including an appeals procedure.

4 (16) hours of work, holidays and attendance regulations,

5 and for annual, sick and special leaves of absence, with or

6 without pay, or at reduced pay.

7 (17) development of employee morale, safety and training

8 programs.

9 (18) establishment of a period of probation, the length of

10 which shall be determined by the complexity of the work

11 involved, but which shall not exceed one year without special

12 written approval from the commission.

13 (19) such other rules, not inconsistent with this

14 Division, as may be proper and necessary for its enforcement.

15 (Source: P.A. 86-962.)

16 Section 35. The Metropolitan Water Reclamation District

17 Act is amended by changing Section 11.15 as follows:

18 (70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)

19 Sec. 11.15. No person shall be employed upon contracts for

20 work to be done by any such sanitary district unless he or she

21 is a citizen of the United States, a national of the United

22 States under Section 1401 of Title 8 of the United States Code,

23 a noncitizen ~~an alien~~ lawfully admitted for permanent

24 residence under Section 1101 of Title 8 of the United States

HB5004

- 47 -

LRB102 23330 RJF 32496 b

1 Code, an individual who has been granted asylum under Section

2 1158 of Title 8 of the United States Code, or an individual who

3 is otherwise legally authorized to work in the United States.

4 (Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)

5 Section 40. The Board of Higher Education Act is amended

6 by changing Section 9.16 as follows:

7 (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

8 Sec. 9.16. Underrepresentation of certain groups in higher

9 education. To require public institutions of higher education

10 to develop and implement methods and strategies to increase

11 the participation of minorities, women and individuals with

12 disabilities who are traditionally underrepresented in

13 education programs and activities. For the purpose of this

14 Section, minorities shall mean persons who are citizens of the

15 United States or lawful permanent residentnoncitizens ~~aliens~~

16 of the United States and who are any of the following:

17 (1) American Indian or Alaska Native (a person having

18 origins in any of the original peoples of North and South

19 America, including Central America, and who maintains

20 tribal affiliation or community attachment).

21 (2) Asian (a person having origins in any of the

22 original peoples of the Far East, Southeast Asia, or the

23 Indian subcontinent, including, but not limited to,

24 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

HB5004

- 48 -

LRB102 23330 RJF 32496 b

1 the Philippine Islands, Thailand, and Vietnam).

2 (3) Black or African American (a person having origins

3 in any of the black racial groups of Africa).

4 (4) Hispanic or Latino (a person of Cuban, Mexican,

5 Puerto Rican, South or Central American, or other Spanish

6 culture or origin, regardless of race).

7 (5) Native Hawaiian or Other Pacific Islander (a

8 person having origins in any of the original peoples of

9 Hawaii, Guam, Samoa, or other Pacific Islands).

10 The Board shall adopt any rules necessary to administer

11 this Section. The Board shall also do the following:

12 (a) require all public institutions of higher education to

13 develop and submit plans for the implementation of this

14 Section;

15 (b) conduct periodic review of public institutions of

16 higher education to determine compliance with this Section;

17 and if the Board finds that a public institution of higher

18 education is not in compliance with this Section, it shall

19 notify the institution of steps to take to attain compliance;

20 (c) provide advice and counsel pursuant to this Section;

21 (d) conduct studies of the effectiveness of methods and

22 strategies designed to increase participation of students in

23 education programs and activities in which minorities, women

24 and individuals with disabilities are traditionally

25 underrepresented, and monitor the success of students in such

26 education programs and activities;

HB5004

- 49 -

LRB102 23330 RJF 32496 b

1 (e) encourage minority student recruitment and retention

2 in colleges and universities. In implementing this paragraph,

3 the Board shall undertake but need not be limited to the

4 following: the establishment of guidelines and plans for

5 public institutions of higher education for minority student

6 recruitment and retention, the review and monitoring of

7 minority student programs implemented at public institutions

8 of higher education to determine their compliance with any

9 guidelines and plans so established, the determination of the

10 effectiveness and funding requirements of minority student

11 programs at public institutions of higher education, the

12 dissemination of successful programs as models, and the

13 encouragement of cooperative partnerships between community

14 colleges and local school attendance centers which are

15 experiencing difficulties in enrolling minority students in

16 four-year colleges and universities;

17 (f) mandate all public institutions of higher education to

18 submit data and information essential to determine compliance

19 with this Section. The Board shall prescribe the format and

20 the date for submission of this data and any other education

21 equity data; and

22 (g) report to the General Assembly and the Governor

23 annually with a description of the plans submitted by each

24 public institution of higher education for implementation of

25 this Section, including financial data relating to the most

26 recent fiscal year expenditures for specific minority

HB5004

- 50 -

LRB102 23330 RJF 32496 b

1 programs, the effectiveness of such plans and programs and the

2 effectiveness of the methods and strategies developed by the

3 Board in meeting the purposes of this Section, the degree of

4 compliance with this Section by each public institution of

5 higher education as determined by the Board pursuant to its

6 periodic review responsibilities, and the findings made by the

7 Board in conducting its studies and monitoring student success

8 as required by paragraph d) of this Section. With respect to

9 each public institution of higher education such report also

10 shall include, but need not be limited to, information with

11 respect to each institution's minority program budget

12 allocations; minority student admission, retention and

13 graduation statistics; admission, retention, and graduation

14 statistics of all students who are the first in their

15 immediate family to attend an institution of higher education;

16 number of financial assistance awards to undergraduate and

17 graduate minority students; and minority faculty

18 representation. This paragraph shall not be construed to

19 prohibit the Board from making, preparing or issuing

20 additional surveys or studies with respect to minority

21 education in Illinois.

22 (Source: P.A. 102-465, eff. 1-1-22.)

23 Section 45. The Dental Student Grant Act is amended by

24 changing Section 3.06 as follows:

HB5004

- 51 -

LRB102 23330 RJF 32496 b

1 (110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)

2 Sec. 3.06. "Eligible dental student" means a person who

3 meets all of the following qualifications:

4 (a) That the individual is a resident of this State and a

5 citizen or lawful permanent residentnoncitizen ~~alien~~ of the

6 United States;

7 (b) That the individual has been accepted in a dental

8 school located in Illinois;

9 (c) That the individual exhibits financial need as

10 determined by the Department;

11 (d) That the individual has earned an educational diploma

12 at an institution of education located in this State or has

13 been a resident of the State for no less than 3 years prior to

14 applying for the grant;

15 (e) That the individual is a member of a racial minority as

16 defined in Section 3.07; and

17 (f) That the individual meets other qualifications which

18 shall be established by the Department.

19 (Source: P.A. 87-665.)

20 Section 50. The Diversifying Higher Education Faculty in

21 Illinois Act is amended by changing Sections 2 and 7 as

22 follows:

23 (110 ILCS 930/2) (from Ch. 144, par. 2302)

24 Sec. 2. Definitions. As used in this Act, unless the

HB5004

- 52 -

LRB102 23330 RJF 32496 b

1 context otherwise requires:

2 "Board" means the Board of Higher Education.

3 "DFI" means the Diversifying Higher Education Faculty in

4 Illinois Program of financial assistance to minorities who are

5 traditionally underrepresented as participants in

6 postsecondary education. The program shall assist them in

7 pursuing a graduate or professional degree and shall also

8 assist program graduates to find employment at an Illinois

9 institution of higher education, including a community

10 college, in a faculty or staff position.

11 "Program Board" means the entity created to administer the

12 grant program authorized by this Act.

13 "Qualified institution of higher education" means a

14 qualifying publicly or privately operated educational

15 institution located within Illinois (i) that offers

16 instruction leading toward or prerequisite to an academic or

17 professional degree beyond the baccalaureate degree, excluding

18 theological schools, and (ii) that is authorized to operate in

19 the State of Illinois.

20 "Racial minority" means a person who is a citizen of the

21 United States or a lawful permanent residentnoncitizen ~~alien~~

22 of the United States and who is any of the following:

23 (1) American Indian or Alaska Native (a person having

24 origins in any of the original peoples of North and South

25 America, including Central America, and who maintains

26 tribal affiliation or community attachment).

HB5004

- 53 -

LRB102 23330 RJF 32496 b

1 (2) Asian (a person having origins in any of the

2 original peoples of the Far East, Southeast Asia, or the

3 Indian subcontinent, including, but not limited to,

4 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

5 the Philippine Islands, Thailand, and Vietnam).

6 (3) Black or African American (a person having origins

7 in any of the black racial groups of Africa).

8 (4) Hispanic or Latino (a person of Cuban, Mexican,

9 Puerto Rican, South or Central American, or other Spanish

10 culture or origin, regardless of race).

11 (5) Native Hawaiian or Other Pacific Islander (a

12 person having origins in any of the original peoples of

13 Hawaii, Guam, Samoa, or other Pacific Islands).

14 (Source: P.A. 102-465, eff. 1-1-22.)

15 (110 ILCS 930/7) (from Ch. 144, par. 2307)

16 Sec. 7. Eligibility for DFI grants. An individual is

17 eligible for an award under the provisions of this Act when the

18 Program Board finds:

19 (a) That the individual is a resident of this State

20 and a citizen or lawful permanent residentnoncitizen

21 ~~alien~~ of the United States;

22 (b) That the individual is a member of a racial

23 minority as defined under the terms of this Act;

24 (c) That the individual has earned any educational

25 diploma at an institution of education located in this

HB5004

- 54 -

LRB102 23330 RJF 32496 b

1 State, or is a resident of the State for no less than three

2 years prior to applying for the grant, and the individual

3 must hold a baccalaureate degree from an institution of

4 higher learning;

5 (d) That the individual's financial resources are such

6 that, in the absence of a DFI grant, the individual will be

7 prevented from pursuing a graduate or professional degree

8 at a qualified institution of higher education of his or

9 her choice;

10 (e) That the individual has above average academic

11 ability to pursue a graduate or professional degree; and

12 (f) That the individual meets other qualifications

13 which shall be established by the Program Board.

14 Grant funds shall be awarded only to those persons

15 pursuing a graduate or professional degree program at a

16 qualified institution of higher education.

17 The Board shall by rule promulgate, pursuant to the

18 Illinois Administrative Procedure Act, precise standards to be

19 used by the Program Board to determine whether a program

20 applicant has above average academic ability to pursue a

21 graduate or professional degree.

22 (Source: P.A. 93-862, eff. 8-4-04.)

23 Section 55. The Higher Education Student Assistance Act is

24 amended by changing Sections 65.50 and 65.110 as follows:

HB5004

- 55 -

LRB102 23330 RJF 32496 b

1 (110 ILCS 947/65.50)

2 Sec. 65.50. Teacher training full-time undergraduate

3 scholarships.

4 (a) Five hundred new scholarships shall be provided each

5 year for qualified high school students or high school

6 graduates who desire to pursue full-time undergraduate studies

7 in teacher education at public or private universities or

8 colleges and community colleges in this State. The Commission,

9 in accordance with rules and regulations promulgated for this

10 program, shall provide funding and shall designate each year's

11 new recipients from among those applicants who qualify for

12 consideration by showing:

13 (1) that he or she is a resident of this State and a

14 citizen or a lawful permanent residentnoncitizen ~~alien~~ of

15 the United States;

16 (2) that he or she has successfully completed the

17 program of instruction at an approved high school or is a

18 student in good standing at such a school and is engaged in

19 a program that will be completed by the end of the academic

20 year, and in either event that his or her cumulative grade

21 average was or is in the upper 1/4 of the high school

22 class;

23 (3) that he or she has superior capacity to profit by a

24 higher education; and

25 (4) that he or she agrees to teach in Illinois schools

26 in accordance with subsection (b).

HB5004

- 56 -

LRB102 23330 RJF 32496 b

1 No rule or regulation promulgated by the State Board of

2 Education prior to the effective date of this amendatory Act

3 of 1993 pursuant to the exercise of any right, power, duty,

4 responsibility or matter of pending business transferred from

5 the State Board of Education to the Commission under this

6 Section shall be affected thereby, and all such rules and

7 regulations shall become the rules and regulations of the

8 Commission until modified or changed by the Commission in

9 accordance with law.

10 If in any year the number of qualified applicants exceeds

11 the number of scholarships to be awarded, the Commission shall

12 give priority in awarding scholarships to students in

13 financial need. The Commission shall consider factors such as

14 the applicant's family income, the size of the applicant's

15 family and the number of other children in the applicant's

16 family attending college in determining the financial need of

17 the individual.

18 Unless otherwise indicated, these scholarships shall be

19 good for a period of up to 4 years while the recipient is

20 enrolled for residence credit at a public or private

21 university or college or at a community college. The

22 scholarship shall cover tuition, fees and a stipend of $1,500

23 per year. For purposes of calculating scholarship awards for

24 recipients attending private universities or colleges, tuition

25 and fees for students at private colleges and universities

26 shall not exceed the average tuition and fees for students at

HB5004

- 57 -

LRB102 23330 RJF 32496 b

1 4-year public colleges and universities for the academic year

2 in which the scholarship is made.

3 (b) Upon graduation from or termination of enrollment in a

4 teacher education program, any person who accepted a

5 scholarship under the undergraduate scholarship program

6 continued by this Section, including persons whose graduation

7 or termination of enrollment occurred prior to the effective

8 date of this amendatory Act of 1993, shall teach in any school

9 in this State for at least 4 of the 7 years immediately

10 following his or her graduation or termination. If the

11 recipient spends up to 4 years in military service before or

12 after he or she graduates, the period of military service

13 shall be excluded from the computation of that 7 year period. A

14 recipient who is enrolled full-time in an academic program

15 leading to a graduate degree in education shall have the

16 period of graduate study excluded from the computation of that

17 7 year period.

18 Any person who fails to fulfill the teaching requirement

19 shall pay to the Commission an amount equal to one-fourth of

20 the scholarship received for each unfulfilled year of the

21 4-year teaching requirement, together with interest at 8% per

22 year on that amount. However, this obligation to repay does

23 not apply when the failure to fulfill the teaching requirement

24 results from involuntarily leaving the profession due to a

25 decrease in the number of teachers employed by the school

26 board or a discontinuation of a type of teaching service under

HB5004

- 58 -

LRB102 23330 RJF 32496 b

1 Section 24-12 of the School Code or from the death or

2 adjudication as incompetent of the person holding the

3 scholarship. No claim for repayment may be filed against the

4 estate of such a decedent or incompetent.

5 Each person applying for such a scholarship shall be

6 provided with a copy of this subsection at the time he or she

7 applies for the benefits of such scholarship.

8 (c) This Section is substantially the same as Sections

9 30-14.5 and 30-14.6 of the School Code, which are repealed by

10 this amendatory Act of 1993, and shall be construed as a

11 continuation of the teacher training undergraduate scholarship

12 program established by that prior law, and not as a new or

13 different teacher training undergraduate scholarship program.

14 The State Board of Education shall transfer to the Commission,

15 as the successor to the State Board of Education for all

16 purposes of administering and implementing the provisions of

17 this Section, all books, accounts, records, papers, documents,

18 contracts, agreements, and pending business in any way

19 relating to the teacher training undergraduate scholarship

20 program continued under this Section, and all scholarships at

21 any time awarded under that program by, and all applications

22 for any such scholarship at any time made to, the State Board

23 of Education shall be unaffected by the transfer to the

24 Commission of all responsibility for the administration and

25 implementation of the teacher training undergraduate

26 scholarship program continued under this Section. The State

HB5004

- 59 -

LRB102 23330 RJF 32496 b

1 Board of Education shall furnish to the Commission such other

2 information as the Commission may request to assist it in

3 administering this Section.

4 (Source: P.A. 88-228.)

5 (110 ILCS 947/65.110)

6 Sec. 65.110. Post-Master of Social Work School Social Work

7 Professional Educator License scholarship.

8 (a) Subject to appropriation, beginning with awards for

9 the 2022-2023 academic year, the Commission shall award

10 annually up to 250 Post-Master of Social Work School Social

11 Work Professional Educator License scholarships to a person

12 who:

13 (1) holds a valid Illinois-licensed clinical social

14 work license or social work license;

15 (2) has obtained a master's degree in social work from

16 an approved program;

17 (3) is a United States citizen or eligible noncitizen;

18 and

19 (4) submits an application to the Commission for such

20 scholarship and agrees to take courses to obtain an

21 Illinois Professional Educator License with an endorsement

22 in School Social Work.

23 (b) If an appropriation for this Section for a given

24 fiscal year is insufficient to provide scholarships to all

25 qualified applicants, the Commission shall allocate the

HB5004

- 60 -

LRB102 23330 RJF 32496 b

1 appropriation in accordance with this subsection (b). If funds

2 are insufficient to provide all qualified applicants with a

3 scholarship as authorized by this Section, the Commission

4 shall allocate the available scholarship funds for that fiscal

5 year to qualified applicants who submit a complete application

6 on or before a date specified by the Commission, based on the

7 following order of priority:

8 (1) firstly, to students who received a scholarship

9 under this Section in the prior academic year and who

10 remain eligible for a scholarship under this Section;

11 (2) secondly, to new, qualified applicants who are

12 members of a racial minority, as defined in subsection

13 (c); and

14 (3) finally, to other new, qualified applicants in

15 accordance with this Section.

16 (c) Scholarships awarded under this Section shall be

17 issued pursuant to rules adopted by the Commission. In

18 awarding scholarships, the Commission shall give priority to

19 those applicants who are members of a racial minority. Racial

20 minorities are underrepresented as school social workers in

21 elementary and secondary schools in this State, and the

22 General Assembly finds that it is in the interest of this State

23 to provide them with priority consideration for programs that

24 encourage their participation in this field and thereby foster

25 a profession that is more reflective of the diversity of

26 Illinois students and the parents they will serve. A more

HB5004

- 61 -

LRB102 23330 RJF 32496 b

1 reflective workforce in school social work allows improved

2 outcomes for students and a better utilization of services.

3 Therefore, the Commission shall give priority to those

4 applicants who are members of a racial minority. In this

5 subsection (c), "racial minority" means a person who is a

6 citizen of the United States or a lawful permanent resident

7 noncitizen ~~alien~~ of the United States and who is:

8 (1) Black (a person having origins in any of the black

9 racial groups in Africa);

10 (2) Hispanic (a person of Spanish or Portuguese

11 culture with origins in Mexico, South or Central America,

12 or the Caribbean Islands, regardless of race);

13 (3) Asian American (a person having origins in any of

14 the original peoples of the Far East, Southeast Asia, the

15 Indian Subcontinent, or the Pacific Islands); or

16 (4) American Indian or Alaskan Native (a person having

17 origins in any of the original peoples of North America).

18 (d) Each scholarship shall be applied to the payment of

19 tuition and mandatory fees at the University of Illinois,

20 Southern Illinois University, Chicago State University,

21 Eastern Illinois University, Governors State University,

22 Illinois State University, Northeastern Illinois University,

23 Northern Illinois University, and Western Illinois University.

24 Each scholarship may be applied to pay tuition and mandatory

25 fees required to obtain an Illinois Professional Educator

26 License with an endorsement in School Social Work.

HB5004

- 62 -

LRB102 23330 RJF 32496 b

1 (e) The Commission shall make tuition and fee payments

2 directly to the qualified institution of higher learning that

3 the applicant attends.

4 (f) Any person who has accepted a scholarship under this

5 Section must, within one year after graduation or termination

6 of enrollment in a Post-Master of Social Work Professional

7 Education License with an endorsement in School Social Work

8 program, begin working as a school social worker at a public or

9 nonpublic not-for-profit preschool, elementary school, or

10 secondary school located in this State for at least 2 of the 5

11 years immediately following that graduation or termination,

12 excluding, however, from the computation of that 5-year

13 period: (i) any time up to 3 years spent in the military

14 service, whether such service occurs before or after the

15 person graduates; (ii) the time that person is a person with a

16 temporary total disability for a period of time not to exceed 3

17 years, as established by the sworn affidavit of a qualified

18 physician; and (iii) the time that person is seeking and

19 unable to find full-time employment as a school social worker

20 at a State public or nonpublic not-for-profit preschool,

21 elementary school, or secondary school.

22 (g) If a recipient of a scholarship under this Section

23 fails to fulfill the work obligation set forth in subsection

24 (f), the Commission shall require the recipient to repay the

25 amount of the scholarships received, prorated according to the

26 fraction of the obligation not completed, at a rate of

HB5004

- 63 -

LRB102 23330 RJF 32496 b

1 interest equal to 5%, and, if applicable, reasonable

2 collection fees. The Commission is authorized to establish

3 rules relating to its collection activities for repayment of

4 scholarships under this Section. All repayments collected

5 under this Section shall be forwarded to the State Comptroller

6 for deposit into this State's General Revenue Fund.

7 A recipient of a scholarship under this Section is not

8 considered to be in violation of the failure to fulfill the

9 work obligation under subsection (f) if the recipient (i)

10 enrolls on a full-time basis as a graduate student in a course

11 of study related to the field of social work at a qualified

12 Illinois institution of higher learning; (ii) is serving, not

13 in excess of 3 years, as a member of the armed services of the

14 United States; (iii) is a person with a temporary total

15 disability for a period of time not to exceed 3 years, as

16 established by the sworn affidavit of a qualified physician;

17 (iv) is seeking and unable to find full-time employment as a

18 school social worker at an Illinois public or nonpublic

19 not-for-profit preschool, elementary school, or secondary

20 school that satisfies the criteria set forth in subsection (f)

21 and is able to provide evidence of that fact; or (v) becomes a

22 person with a permanent total disability, as established by

23 the sworn affidavit of a qualified physician.

24 (Source: P.A. 102-621, eff. 1-1-22.)

25 Section 60. The Mental Health Graduate Education

HB5004

- 64 -

LRB102 23330 RJF 32496 b

1 Scholarship Act is amended by changing Section 20 as follows:

2 (110 ILCS 952/20)

3 Sec. 20. Scholarships.

4 (a) Beginning with the fall term of the 2009-2010 academic

5 year, the Department, in accordance with rules adopted by it

6 for this program, shall provide scholarships to individuals

7 selected from among those applicants who qualify for

8 consideration by showing all of the following:

9 (1) That the individual has been a resident of this

10 State for at least one year prior to application and is a

11 citizen or a lawful permanent resident noncitizen ~~alien~~ of

12 the United States.

13 (2) That the individual enrolled in or accepted into a

14 mental health graduate program at an approved institution.

15 (3) That the individual agrees to meet the mental

16 health employment obligation.

17 (b) If in any year the number of qualified applicants

18 exceeds the number of scholarships to be awarded, the

19 Department shall, in consultation with the Advisory Council,

20 consider the following factors in granting priority in

21 awarding scholarships:

22 (1) Financial need, as shown on a standardized

23 financial needs assessment form used by an approved

24 institution.

25 (2) A student's merit, as shown through his or her

HB5004

- 65 -

LRB102 23330 RJF 32496 b

1 grade point average, class rank, and other academic and

2 extracurricular activities.

3 The Department may add to and further define these merit

4 criteria by rule.

5 (c) Unless otherwise indicated, scholarships shall be

6 awarded to recipients at approved institutions for a period of

7 up to 2 years if the recipient is enrolled in a master's degree

8 program and up to 4 years if the recipient is enrolled in a

9 doctoral degree program.

10 (Source: P.A. 96-672, eff. 8-25-09.)

11 Section 65. The Nursing Education Scholarship Law is

12 amended by changing Sections 5 and 6.5 as follows:

13 (110 ILCS 975/5) (from Ch. 144, par. 2755)

14 Sec. 5. Nursing education scholarships. Beginning with the

15 fall term of the 2004-2005 academic year, the Department, in

16 accordance with rules and regulations promulgated by it for

17 this program, shall provide scholarships to individuals

18 selected from among those applicants who qualify for

19 consideration by showing:

20 (1) that he or she has been a resident of this State

21 for at least one year prior to application, and is a

22 citizen or a lawful permanent resident noncitizen~~alien~~ of

23 the United States;

24 (2) that he or she is enrolled in or accepted for

HB5004

- 66 -

LRB102 23330 RJF 32496 b

1 admission to an associate degree in nursing program,

2 hospital-based diploma in nursing program, baccalaureate

3 degree in nursing program, graduate degree in nursing

4 program, or practical nursing program at an approved

5 institution; and

6 (3) that he or she agrees to meet the nursing

7 employment obligation.

8 If in any year the number of qualified applicants exceeds

9 the number of scholarships to be awarded, the Department

10 shall, in consultation with the Illinois Nursing Workforce

11 Center Advisory Board, consider the following factors in

12 granting priority in awarding scholarships:

13 (A) Financial need, as shown on a standardized

14 financial needs assessment form used by an approved

15 institution, of students who will pursue their

16 education on a full-time or close to full-time basis

17 and who already have a certificate in practical

18 nursing, a diploma in nursing, or an associate degree

19 in nursing and are pursuing a higher degree.

20 (B) A student's status as a registered nurse who

21 is pursuing a graduate degree in nursing to pursue

22 employment in an approved institution that educates

23 licensed practical nurses and that educates registered

24 nurses in undergraduate and graduate nursing programs.

25 (C) A student's merit, as shown through his or her

26 grade point average, class rank, and other academic

HB5004

- 67 -

LRB102 23330 RJF 32496 b

1 and extracurricular activities. The Department may add

2 to and further define these merit criteria by rule.

3 Unless otherwise indicated, scholarships shall be awarded

4 to recipients at approved institutions for a period of up to 2

5 years if the recipient is enrolled in an associate degree in

6 nursing program, up to 3 years if the recipient is enrolled in

7 a hospital-based diploma in nursing program, up to 4 years if

8 the recipient is enrolled in a baccalaureate degree in nursing

9 program, up to 5 years if the recipient is enrolled in a

10 graduate degree in nursing program, and up to one year if the

11 recipient is enrolled in a certificate in practical nursing

12 program. At least 40% of the scholarships awarded shall be for

13 recipients who are pursuing baccalaureate degrees in nursing,

14 30% of the scholarships awarded shall be for recipients who

15 are pursuing associate degrees in nursing or a diploma in

16 nursing, 10% of the scholarships awarded shall be for

17 recipients who are pursuing a certificate in practical

18 nursing, and 20% of the scholarships awarded shall be for

19 recipients who are pursuing a graduate degree in nursing.

20 Beginning with the fall term of the 2021-2022 academic

21 year and continuing through the 2024-2025 academic year,

22 subject to appropriation from the Hospital Licensure Fund, in

23 addition to any other funds available to the Department for

24 such scholarships, the Department may award a total of

25 $500,000 annually in scholarships under this Section.

26 (Source: P.A. 102-641, eff. 8-27-21.)

HB5004

- 68 -

LRB102 23330 RJF 32496 b

1 (110 ILCS 975/6.5)

2 Sec. 6.5. Nurse educator scholarships.

3 (a) Beginning with the fall term of the 2009-2010 academic

4 year, the Department shall provide scholarships to individuals

5 selected from among those applicants who qualify for

6 consideration by showing the following:

7 (1) that he or she has been a resident of this State

8 for at least one year prior to application and is a citizen

9 or a lawful permanent resident noncitizen ~~alien~~ of the

10 United States;

11 (2) that he or she is enrolled in or accepted for

12 admission to a graduate degree in nursing program at an

13 approved institution; and

14 (3) that he or she agrees to meet the nurse educator

15 employment obligation.

16 (b) If in any year the number of qualified applicants

17 exceeds the number of scholarships to be awarded under this

18 Section, the Department shall, in consultation with the

19 Illinois Nursing Workforce Center Advisory Board, consider the

20 following factors in granting priority in awarding

21 scholarships:

22 (1) Financial need, as shown on a standardized

23 financial needs assessment form used by an approved

24 institution, of students who will pursue their education

25 on a full-time or close to full-time basis and who already

HB5004

- 69 -

LRB102 23330 RJF 32496 b

1 have a diploma in nursing and are pursuing a higher

2 degree.

3 (2) A student's status as a registered nurse who is

4 pursuing a graduate degree in nursing to pursue employment

5 in an approved institution that educates licensed

6 practical nurses and that educates registered nurses in

7 undergraduate and graduate nursing programs.

8 (3) A student's merit, as shown through his or her

9 grade point average, class rank, experience as a nurse,

10 including supervisory experience, experience as a nurse in

11 the United States military, and other academic and

12 extracurricular activities.

13 (c) Unless otherwise indicated, scholarships under this

14 Section shall be awarded to recipients at approved

15 institutions for a period of up to 3 years.

16 (d) Within 12 months after graduation from a graduate

17 degree in nursing program for nurse educators, any recipient

18 who accepted a scholarship under this Section shall begin

19 meeting the required nurse educator employment obligation. In

20 order to defer his or her continuous employment obligation, a

21 recipient must request the deferment in writing from the

22 Department. A recipient shall receive a deferment if he or she

23 notifies the Department, within 30 days after enlisting, that

24 he or she is spending up to 4 years in military service. A

25 recipient shall receive a deferment if he or she notifies the

26 Department, within 30 days after enrolling, that he or she is

HB5004

- 70 -

LRB102 23330 RJF 32496 b

1 enrolled in an academic program leading to a graduate degree

2 in nursing. The recipient must begin meeting the required

3 nurse educator employment obligation no later than 6 months

4 after the end of the deferment or deferments.

5 Any person who fails to fulfill the nurse educator

6 employment obligation shall pay to the Department an amount

7 equal to the amount of scholarship funds received per year for

8 each unfulfilled year of the nurse educator employment

9 obligation, together with interest at 7% per year on the

10 unpaid balance. Payment must begin within 6 months following

11 the date of the occurrence initiating the repayment. All

12 repayments must be completed within 6 years from the date of

13 the occurrence initiating the repayment. However, this

14 repayment obligation may be deferred and re-evaluated every 6

15 months when the failure to fulfill the nurse educator

16 employment obligation results from involuntarily leaving the

17 profession due to a decrease in the number of nurses employed

18 in this State or when the failure to fulfill the nurse educator

19 employment obligation results from total and permanent

20 disability. The repayment obligation shall be excused if the

21 failure to fulfill the nurse educator employment obligation

22 results from the death or adjudication as incompetent of the

23 person holding the scholarship. No claim for repayment may be

24 filed against the estate of such a decedent or incompetent.

25 The Department may allow a nurse educator employment

26 obligation fulfillment alternative if the nurse educator

HB5004

- 71 -

LRB102 23330 RJF 32496 b

1 scholarship recipient is unsuccessful in finding work as a

2 nurse educator. The Department shall maintain a database of

3 all available nurse educator positions in this State.

4 (e) Each person applying for a scholarship under this

5 Section must be provided with a copy of this Section at the

6 time of application for the benefits of this scholarship.

7 (f) Rulemaking authority to implement this amendatory Act

8 of the 96th General Assembly, if any, is conditioned on the

9 rules being adopted in accordance with all provisions of the

10 Illinois Administrative Procedure Act and all rules and

11 procedures of the Joint Committee on Administrative Rules; any

12 purported rule not so adopted, for whatever reason, is

13 unauthorized.

14 (Source: P.A. 100-513, eff. 1-1-18.)

15 Section 70. The Comprehensive Health Insurance Plan Act is

16 amended by changing Section 7 as follows:

17 (215 ILCS 105/7) (from Ch. 73, par. 1307)

18 Sec. 7. Eligibility.

19 a. Except as provided in subsection (e) of this Section or

20 in Section 15 of this Act, any person who is either a citizen

21 of the United States or a noncitizen ~~an alien~~ lawfully

22 admitted for permanent residence and who has been for a period

23 of at least 180 days and continues to be a resident of this

24 State shall be eligible for Plan coverage under this Section

HB5004

- 72 -

LRB102 23330 RJF 32496 b

1 if evidence is provided of:

2 (1) A notice of rejection or refusal to issue

3 substantially similar individual health insurance coverage

4 for health reasons by a health insurance issuer;

5 (2) A refusal by a health insurance issuer to issue

6 individual health insurance coverage except at a rate

7 exceeding the applicable Plan rate for which the person is

8 responsible; or

9 (3) The absence of available health insurance coverage

10 for a person under 19 years of age.

11 A rejection or refusal by a group health plan or health

12 insurance issuer offering only stop-loss or excess of loss

13 insurance or contracts, agreements, or other arrangements for

14 reinsurance coverage with respect to the applicant shall not

15 be sufficient evidence under this subsection.

16 b. The Board shall promulgate a list of medical or health

17 conditions for which a person who is either a citizen of the

18 United States or a noncitizen ~~an alien~~ lawfully admitted for

19 permanent residence and a resident of this State would be

20 eligible for Plan coverage without applying for health

21 insurance coverage pursuant to subsection a. of this Section.

22 Persons who can demonstrate the existence or history of any

23 medical or health conditions on the list promulgated by the

24 Board shall not be required to provide the evidence specified

25 in subsection a. of this Section. The list shall be effective

26 on the first day of the operation of the Plan and may be

HB5004

- 73 -

LRB102 23330 RJF 32496 b

1 amended from time to time as appropriate.

2 c. Family members of the same household who each are

3 covered persons are eligible for optional family coverage

4 under the Plan.

5 d. For persons qualifying for coverage in accordance with

6 Section 7 of this Act, the Board shall, if it determines that

7 such appropriations as are made pursuant to Section 12 of this

8 Act are insufficient to allow the Board to accept all of the

9 eligible persons which it projects will apply for enrollment

10 under the Plan, limit or close enrollment to ensure that the

11 Plan is not over-subscribed and that it has sufficient

12 resources to meet its obligations to existing enrollees. The

13 Board shall not limit or close enrollment for federally

14 eligible individuals.

15 e. A person shall not be eligible for coverage under the

16 Plan if:

17 (1) He or she has or obtains other coverage under a

18 group health plan or health insurance coverage

19 substantially similar to or better than a Plan policy as

20 an insured or covered dependent or would be eligible to

21 have that coverage if he or she elected to obtain it.

22 Persons otherwise eligible for Plan coverage may, however,

23 solely for the purpose of having coverage for a

24 pre-existing condition, maintain other coverage only while

25 satisfying any pre-existing condition waiting period under

26 a Plan policy or a subsequent replacement policy of a Plan

HB5004

- 74 -

LRB102 23330 RJF 32496 b

1 policy.

2 (1.1) His or her prior coverage under a group health

3 plan or health insurance coverage, provided or arranged by

4 an employer of more than 10 employees was discontinued for

5 any reason without the entire group or plan being

6 discontinued and not replaced, provided he or she remains

7 an employee, or dependent thereof, of the same employer.

8 (2) He or she is a recipient of or is approved to

9 receive medical assistance, except that a person may

10 continue to receive medical assistance through the medical

11 assistance no grant program, but only while satisfying the

12 requirements for a preexisting condition under Section 8,

13 subsection f. of this Act. Payment of premiums pursuant to

14 this Act shall be allocable to the person's spenddown for

15 purposes of the medical assistance no grant program, but

16 that person shall not be eligible for any Plan benefits

17 while that person remains eligible for medical assistance.

18 If the person continues to receive or be approved to

19 receive medical assistance through the medical assistance

20 no grant program at or after the time that requirements

21 for a preexisting condition are satisfied, the person

22 shall not be eligible for coverage under the Plan. In that

23 circumstance, coverage under the Plan shall terminate as

24 of the expiration of the preexisting condition limitation

25 period. Under all other circumstances, coverage under the

26 Plan shall automatically terminate as of the effective

HB5004

- 75 -

LRB102 23330 RJF 32496 b

1 date of any medical assistance.

2 (3) Except as provided in Section 15, the person has

3 previously participated in the Plan and voluntarily

4 terminated Plan coverage, unless 12 months have elapsed

5 since the person's latest voluntary termination of

6 coverage.

7 (4) The person fails to pay the required premium under

8 the covered person's terms of enrollment and

9 participation, in which event the liability of the Plan

10 shall be limited to benefits incurred under the Plan for

11 the time period for which premiums had been paid and the

12 covered person remained eligible for Plan coverage.

13 (5) The Plan has paid a total of $5,000,000 in

14 benefits on behalf of the covered person.

15 (6) The person is a resident of a public institution.

16 (7) The person's premium is paid for or reimbursed

17 under any government sponsored program or by any

18 government agency or health care provider, except as an

19 otherwise qualifying full-time employee, or dependent of

20 such employee, of a government agency or health care

21 provider or, except when a person's premium is paid by the

22 U.S. Treasury Department pursuant to the federal Trade Act

23 of 2002.

24 (8) The person has or later receives other benefits or

25 funds from any settlement, judgement, or award resulting

26 from any accident or injury, regardless of the date of the

HB5004

- 76 -

LRB102 23330 RJF 32496 b

1 accident or injury, or any other circumstances creating a

2 legal liability for damages due that person by a third

3 party, whether the settlement, judgment, or award is in

4 the form of a contract, agreement, or trust on behalf of a

5 minor or otherwise and whether the settlement, judgment,

6 or award is payable to the person, his or her dependent,

7 estate, personal representative, or guardian in a lump sum

8 or over time, so long as there continues to be benefits or

9 assets remaining from those sources in an amount in excess

10 of $300,000.

11 (9) Within the 5 years prior to the date a person's

12 Plan application is received by the Board, the person's

13 coverage under any health care benefit program as defined

14 in 18 U.S.C. 24, including any public or private plan or

15 contract under which any medical benefit, item, or service

16 is provided, was terminated as a result of any act or

17 practice that constitutes fraud under State or federal law

18 or as a result of an intentional misrepresentation of

19 material fact; or if that person knowingly and willfully

20 obtained or attempted to obtain, or fraudulently aided or

21 attempted to aid any other person in obtaining, any

22 coverage or benefits under the Plan to which that person

23 was not entitled.

24 f. The Board or the administrator shall require

25 verification of residency and may require any additional

26 information or documentation, or statements under oath, when

HB5004

- 77 -

LRB102 23330 RJF 32496 b

1 necessary to determine residency upon initial application and

2 for the entire term of the policy.

3 g. Coverage shall cease (i) on the date a person is no

4 longer a resident of Illinois, (ii) on the date a person

5 requests coverage to end, (iii) upon the death of the covered

6 person, (iv) on the date State law requires cancellation of

7 the policy, or (v) at the Plan's option, 30 days after the Plan

8 makes any inquiry concerning a person's eligibility or place

9 of residence to which the person does not reply.

10 h. Except under the conditions set forth in subsection g

11 of this Section, the coverage of any person who ceases to meet

12 the eligibility requirements of this Section shall be

13 terminated at the end of the current policy period for which

14 the necessary premiums have been paid.

15 (Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12.)

16 Section 75. The Hearing Instrument Consumer Protection Act

17 is amended by changing Section 8 as follows:

18 (225 ILCS 50/8) (from Ch. 111, par. 7408)

19 (Section scheduled to be repealed on January 1, 2026)

20 Sec. 8. Applicant qualifications; examination.

21 (a) In order to protect persons who are deaf or hard of

22 hearing, the Department shall authorize or shall conduct an

23 appropriate examination, which may be the International

24 Hearing Society's licensure examination, for persons who

HB5004

- 78 -

LRB102 23330 RJF 32496 b

1 dispense, test, select, recommend, fit, or service hearing

2 instruments. The frequency of holding these examinations shall

3 be determined by the Department by rule. Those who

4 successfully pass such an examination shall be issued a

5 license as a hearing instrument dispenser, which shall be

6 effective for a 2-year period.

7 (b) Applicants shall be:

8 (1) at least 18 years of age;

9 (2) of good moral character;

10 (3) the holder of an associate's degree or the

11 equivalent;

12 (4) free of contagious or infectious disease; and

13 (5) a citizen or person who has the status as a legal

14 noncitizen ~~alien~~.

15 Felony convictions of the applicant and findings against

16 the applicant involving matters set forth in Sections 17 and

17 18 shall be considered in determining moral character, but

18 such a conviction or finding shall not make an applicant

19 ineligible to register for examination.

20 (c) Prior to engaging in the practice of fitting,

21 dispensing, or servicing hearing instruments, an applicant

22 shall demonstrate, by means of written and practical

23 examinations, that such person is qualified to practice the

24 testing, selecting, recommending, fitting, selling, or

25 servicing of hearing instruments as defined in this Act. An

26 applicant must obtain a license within 12 months after passing

HB5004

- 79 -

LRB102 23330 RJF 32496 b

1 either the written or practical examination, whichever is

2 passed first, or must take and pass those examinations again

3 in order to be eligible to receive a license.

4 The Department shall, by rule, determine the conditions

5 under which an individual is examined.

6 (d) Proof of having met the minimum requirements of

7 continuing education as determined by the Board shall be

8 required of all license renewals. Pursuant to rule, the

9 continuing education requirements may, upon petition to the

10 Board, be waived in whole or in part if the hearing instrument

11 dispenser can demonstrate that he or she served in the Coast

12 Guard or Armed Forces, had an extreme hardship, or obtained

13 his or her license by examination or endorsement within the

14 preceding renewal period.

15 (e) Persons applying for an initial license must

16 demonstrate having earned, at a minimum, an associate degree

17 or its equivalent from an accredited institution of higher

18 education that is recognized by the U.S. Department of

19 Education or that meets the U.S. Department of Education

20 equivalency as determined through a National Association of

21 Credential Evaluation Services (NACES) member, and meet the

22 other requirements of this Section. In addition, the applicant

23 must demonstrate the successful completion of (1) 12 semester

24 hours or 18 quarter hours of academic undergraduate course

25 work in an accredited institution consisting of 3 semester

26 hours of anatomy and physiology of the hearing mechanism, 3

HB5004

- 80 -

LRB102 23330 RJF 32496 b

1 semester hours of hearing science, 3 semester hours of

2 introduction to audiology, and 3 semester hours of aural

3 rehabilitation, or the quarter hour equivalent or (2) an

4 equivalent program as determined by the Department that is

5 consistent with the scope of practice of a hearing instrument

6 dispenser as defined in Section 3 of this Act. Persons

7 licensed before January 1, 2003 who have a valid license on

8 that date may have their license renewed without meeting the

9 requirements of this subsection.

10 (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;

11 99-847, eff. 8-19-16.)

12 Section 80. The Illinois Public Aid Code is amended by

13 changing Section 5-3 as follows:

14 (305 ILCS 5/5-3) (from Ch. 23, par. 5-3)

15 Sec. 5-3. Residence.) Any person who has established his

16 residence in this State and lives therein, including any

17 person who is a migrant worker, may qualify for medical

18 assistance. A person who, while temporarily in this State,

19 suffers injury or illness endangering his life and health and

20 necessitating emergency care, may also qualify.

21 Temporary absence from the State shall not disqualify a

22 person from maintaining his eligibility under this Article.

23 As used in this Section, "migrant worker" means any person

24 residing temporarily and employed in Illinois who moves

HB5004

- 81 -

LRB102 23330 RJF 32496 b

1 seasonally from one place to another for the purpose of

2 employment in agricultural activities, including the planting,

3 raising or harvesting of any agricultural or horticultural

4 commodities and the handling, packing or processing of such

5 commodities on the farm where produced or at the point of first

6 processing, in animal husbandry, or in other activities

7 connected with the care of animals. Dependents of such person

8 shall be considered eligible if they are living with the

9 person during his or her temporary residence and employment in

10 Illinois.

11 In order to be eligible for medical assistance under this

12 section, each migrant worker shall show proof of citizenship

13 or legal noncitizen ~~alien~~ status.

14 (Source: P.A. 81-746.)

15 Section 85. The Service Member Employment and Reemployment

16 Rights Act is amended by changing Section 1-10 as follows:

17 (330 ILCS 61/1-10)

18 Sec. 1-10. Definitions. As used in this Act:

19 "Accrue" means to accumulate in regular or increasing

20 amounts over time subject to customary allocation of cost.

21 "Active duty" means any full-time military service

22 regardless of length or voluntariness including, but not

23 limited to, annual training, full-time National Guard duty,

24 and State active duty. "Active duty" does not include any form

HB5004

- 82 -

LRB102 23330 RJF 32496 b

1 of inactive duty service such as drill duty or muster duty.

2 "Active duty", unless provided otherwise, includes active duty

3 without pay.

4 "Active service" means all forms of active and inactive

5 duty regardless of voluntariness including, but not limited

6 to, annual training, active duty for training, initial active

7 duty training, overseas training duty, full-time National

8 Guard duty, active duty other than training, State active

9 duty, mobilizations, and muster duty. "Active service", unless

10 provided otherwise, includes active service without pay.

11 "Active service" includes:

12 (1) Reserve component voluntary active service means

13 service under one of the following authorities:

14 (A) any duty under 32 U.S.C. 502(f)(1)(B);

15 (B) active guard reserve duty, operational

16 support, or additional duty under 10 U.S.C. 12301(d)

17 or 32 U.S.C. 502(f)(1)(B);

18 (C) funeral honors under 10 U.S.C. 12503 or 32

19 U.S.C. 115;

20 (D) duty at the National Guard Bureau under 10

21 U.S.C. 12402;

22 (E) unsatisfactory participation under 10 U.S.C.

23 10148 or 10 U.S.C. 12303;

24 (F) discipline under 10 U.S.C. 802(d);

25 (G) extended active duty under 10 U.S.C. 12311;

26 and

HB5004

- 83 -

LRB102 23330 RJF 32496 b

1 (H) reserve program administrator under 10 U.S.C.

2 10211.

3 (2) Reserve component involuntary active service

4 includes, but is not limited to, service under one of the

5 following authorities:

6 (A) annual training or drill requirements under 10

7 U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).

8 (B) additional training duty or other duty under

9 32 U.S.C. 502(f)(1)(A);

10 (C) pre-planned or pre-programmed combatant

11 commander support under 10 U.S.C. 12304b;

12 (D) mobilization under 10 U.S.C. 12301(a) or 10

13 U.S.C. 12302;

14 (E) presidential reserve call-up under 10 U.S.C.

15 12304;

16 (F) emergencies and natural disasters under 10

17 U.S.C. 12304a or 14 U.S.C. 712;

18 (G) muster duty under 10 U.S.C. 12319;

19 (H) retiree recall under 10 U.S.C. 688;

20 (I) captive status under 10 U.S.C. 12301(g);

21 (J) insurrection under 10 U.S.C. 331, 10 U.S.C.

22 332, or 10 U.S.C. 12406;

23 (K) pending line of duty determination for

24 response to sexual assault under 10 U.S.C. 12323; and

25 (L) initial active duty for training under 10

26 U.S.C. 671.

HB5004

- 84 -

LRB102 23330 RJF 32496 b

1 Reserve component active service not listed in paragraph

2 (1) or (2) shall be considered involuntary active service

3 under paragraph (2).

4 "Active service without pay" means active service

5 performed under any authority in which base pay is not

6 received regardless of other allowances.

7 "Annual training" means any active duty performed under

8 Section 10147 or 12301(b) of Title 10 of the United States Code

9 or under Section 502(a) of Title 32 of the United States Code.

10 "Base pay" means the main component of military pay,

11 whether active or inactive, based on rank and time in service.

12 It does not include the addition of conditional funds for

13 specific purposes such as allowances, incentive and special

14 pay. Base pay, also known as basic pay, can be determined by

15 referencing the appropriate military pay chart covering the

16 time period in question located on the federal Defense Finance

17 and Accounting Services website or as reflected on a federal

18 Military Leave and Earnings Statement.

19 "Benefits" includes, but is not limited to, the terms,

20 conditions, or privileges of employment, including any

21 advantage, profit, privilege, gain, status, account, or

22 interest, including wages or salary for work performed, that

23 accrues by reason of an employment contract or agreement or an

24 employer policy, plan, or practice and includes rights and

25 benefits under a pension plan, a health plan, an employee

26 stock ownership plan, insurance coverage and awards, bonuses,

HB5004

- 85 -

LRB102 23330 RJF 32496 b

1 severance pay, supplemental unemployment benefits, vacations,

2 and the opportunity to select work hours or location of

3 employment.

4 "Differential compensation" means pay due when the

5 employee's daily rate of compensation for military service is

6 less than his or her daily rate of compensation as a public

7 employee.

8 "Employee" means anyone employed by an employer.

9 "Employee" includes any person who is a citizen, national, or

10 permanent resident noncitizen ~~alien~~ of the United States

11 employed in a workplace that the State has legal authority to

12 regulate business and employment. "Employee" does not include

13 an independent contractor.

14 "Employer" means any person, institution, organization, or

15 other entity that pays salary or wages for work performed or

16 that has control over employment opportunities, including:

17 (1) a person, institution, organization, or other

18 entity to whom the employer has delegated the performance

19 of employment-related responsibilities;

20 (2) an employer of a public employee;

21 (3) any successor in interest to a person,

22 institution, organization, or other entity referred to

23 under this definition; and

24 (4) a person, institution, organization, or other

25 entity that has been denied initial employment in

26 violation of Section 5-15.

HB5004

- 86 -

LRB102 23330 RJF 32496 b

1 "Inactive duty" means inactive duty training, including

2 drills, consisting of regularly scheduled unit training

3 assemblies, additional training assemblies, periods of

4 appropriate duty or equivalent training, and any special

5 additional duties authorized for reserve component personnel

6 by appropriate military authority. "Inactive duty" does not

7 include active duty.

8 "Military leave" means a furlough or leave of absence

9 while performing active service. It cannot be substituted for

10 accrued vacation, annual, or similar leave with pay except at

11 the sole discretion of the service member employee. It is not a

12 benefit of employment that is requested but a legal

13 requirement upon receiving notice of pending military service.

14 "Military service" means:

15 (1) Service in the Armed Forces of the United States,

16 the National Guard of any state or territory regardless of

17 status, and the State Guard as defined in the State Guard

18 Act. "Military service", whether active or reserve,

19 includes service under the authority of U.S.C. Titles 10,

20 14, or 32, or State active duty.

21 (2) Service in a federally recognized auxiliary of the

22 United States Armed Forces when performing official duties

23 in support of military or civilian authorities as a result

24 of an emergency.

25 (3) A period for which an employee is absent from a

26 position of employment for the purpose of medical or

HB5004

- 87 -

LRB102 23330 RJF 32496 b

1 dental treatment for a condition, illness, or injury

2 sustained or aggravated during a period of active service

3 in which treatment is paid by the United States Department

4 of Defense Military Health System.

5 "Public employee" means any person classified as a

6 full-time employee of the State of Illinois, a unit of local

7 government, a public institution of higher education as

8 defined in Section 1 of the Board of Higher Education Act, or a

9 school district, other than an independent contractor.

10 "Reserve component" means the reserve components of

11 Illinois and the United States Armed Forces regardless of

12 status.

13 "Service member" means any person who is a member of a

14 military service.

15 "State active duty" means full-time State-funded military

16 duty under the command and control of the Governor and subject

17 to the Military Code of Illinois.

18 "Unit of local government" means any city, village, town,

19 county, or special district.

20 (Source: P.A. 100-1101, eff. 1-1-19.)

21 Section 90. The Firearm Owners Identification Card Act is

22 amended by changing Sections 4 and 8 as follows:

23 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

24 Sec. 4. Application for Firearm Owner's Identification

HB5004

- 88 -

LRB102 23330 RJF 32496 b

1 Cards.

2 (a) Each applicant for a Firearm Owner's Identification

3 Card must:

4 (1) Submit an application as made available by the

5 Illinois State Police; and

6 (2) Submit evidence to the Illinois State Police that:

7 (i) This subparagraph (i) applies through the

8 180th day following July 12, 2019 (the effective date

9 of Public Act 101-80) ~~this amendatory Act of the 101st~~

10 ~~General Assembly~~. He or she is 21 years of age or over,

11 or if he or she is under 21 years of age that he or she

12 has the written consent of his or her parent or legal

13 guardian to possess and acquire firearms and firearm

14 ammunition and that he or she has never been convicted

15 of a misdemeanor other than a traffic offense or

16 adjudged delinquent, provided, however, that such

17 parent or legal guardian is not an individual

18 prohibited from having a Firearm Owner's

19 Identification Card and files an affidavit with the

20 Department as prescribed by the Department stating

21 that he or she is not an individual prohibited from

22 having a Card;

23 (i-5) This subparagraph (i-5) applies on and after

24 the 181st day following July 12, 2019 (the effective

25 date of Public Act 101-80) ~~this amendatory Act of the~~

26 ~~101st General Assembly~~. He or she is 21 years of age or

HB5004

- 89 -

LRB102 23330 RJF 32496 b

1 over, or if he or she is under 21 years of age that he

2 or she has never been convicted of a misdemeanor other

3 than a traffic offense or adjudged delinquent and is

4 an active duty member of the United States Armed

5 Forces or has the written consent of his or her parent

6 or legal guardian to possess and acquire firearms and

7 firearm ammunition, provided, however, that such

8 parent or legal guardian is not an individual

9 prohibited from having a Firearm Owner's

10 Identification Card and files an affidavit with the

11 Illinois State Police ~~Department~~ as prescribed by the

12 Illinois State Police ~~Department~~stating that he or

13 she is not an individual prohibited from having a Card

14 or the active duty member of the United States Armed

15 Forces under 21 years of age annually submits proof to

16 the Illinois State Police, in a manner prescribed by

17 the Illinois State Police ~~Department~~;

18 (ii) He or she has not been convicted of a felony

19 under the laws of this or any other jurisdiction;

20 (iii) He or she is not addicted to narcotics;

21 (iv) He or she has not been a patient in a mental

22 health facility within the past 5 years or, if he or

23 she has been a patient in a mental health facility more

24 than 5 years ago submit the certification required

25 under subsection (u) of Section 8 of this Act;

26 (v) He or she is not a person with an intellectual

HB5004

- 90 -

LRB102 23330 RJF 32496 b

1 disability;

2 (vi) He or she is not a noncitizen ~~an alien~~ who is

3 unlawfully present in the United States under the laws

4 of the United States;

5 (vii) He or she is not subject to an existing order

6 of protection prohibiting him or her from possessing a

7 firearm;

8 (viii) He or she has not been convicted within the

9 past 5 years of battery, assault, aggravated assault,

10 violation of an order of protection, or a

11 substantially similar offense in another jurisdiction,

12 in which a firearm was used or possessed;

13 (ix) He or she has not been convicted of domestic

14 battery, aggravated domestic battery, or a

15 substantially similar offense in another jurisdiction

16 committed before, on or after January 1, 2012 (the

17 effective date of Public Act 97-158). If the applicant

18 knowingly and intelligently waives the right to have

19 an offense described in this clause (ix) tried by a

20 jury, and by guilty plea or otherwise, results in a

21 conviction for an offense in which a domestic

22 relationship is not a required element of the offense

23 but in which a determination of the applicability of

24 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

25 the Code of Criminal Procedure of 1963, an entry by the

26 court of a judgment of conviction for that offense

HB5004

- 91 -

LRB102 23330 RJF 32496 b

1 shall be grounds for denying the issuance of a Firearm

2 Owner's Identification Card under this Section;

3 (x) (Blank);

4 (xi) He or she is not a noncitizen ~~an alien~~ who has

5 been admitted to the United States under a

6 non-immigrant visa (as that term is defined in Section

7 101(a)(26) of the Immigration and Nationality Act (8

8 U.S.C. 1101(a)(26))), or that he or she isa

9 noncitizen ~~an alien~~ who has been lawfully admitted to

10 the United States under a non-immigrant visa if that

11 person ~~alien~~ is:

12 (1) admitted to the United States for lawful

13 hunting or sporting purposes;

14 (2) an official representative of a foreign

15 government who is:

16 (A) accredited to the United States

17 Government or the Government's mission to an

18 international organization having its

19 headquarters in the United States; or

20 (B) en route to or from another country to

21 which that noncitizen ~~alien~~is accredited;

22 (3) an official of a foreign government or

23 distinguished foreign visitor who has been so

24 designated by the Department of State;

25 (4) a foreign law enforcement officer of a

26 friendly foreign government entering the United

HB5004

- 92 -

LRB102 23330 RJF 32496 b

1 States on official business; or

2 (5) one who has received a waiver from the

3 Attorney General of the United States pursuant to

4 18 U.S.C. 922(y)(3);

5 (xii) He or she is not a minor subject to a

6 petition filed under Section 5-520 of the Juvenile

7 Court Act of 1987 alleging that the minor is a

8 delinquent minor for the commission of an offense that

9 if committed by an adult would be a felony;

10 (xiii) He or she is not an adult who had been

11 adjudicated a delinquent minor under the Juvenile

12 Court Act of 1987 for the commission of an offense that

13 if committed by an adult would be a felony;

14 (xiv) He or she is a resident of the State of

15 Illinois;

16 (xv) He or she has not been adjudicated as a person

17 with a mental disability;

18 (xvi) He or she has not been involuntarily

19 admitted into a mental health facility; and

20 (xvii) He or she is not a person with a

21 developmental disability; and

22 (3) Upon request by the Illinois State Police, sign a

23 release on a form prescribed by the Illinois State Police

24 waiving any right to confidentiality and requesting the

25 disclosure to the Illinois State Police of limited mental

26 health institution admission information from another

HB5004

- 93 -

LRB102 23330 RJF 32496 b

1 state, the District of Columbia, any other territory of

2 the United States, or a foreign nation concerning the

3 applicant for the sole purpose of determining whether the

4 applicant is or was a patient in a mental health

5 institution and disqualified because of that status from

6 receiving a Firearm Owner's Identification Card. No mental

7 health care or treatment records may be requested. The

8 information received shall be destroyed within one year of

9 receipt.

10 (a-5) Each applicant for a Firearm Owner's Identification

11 Card who is over the age of 18 shall furnish to the Illinois

12 State Police either his or her Illinois driver's license

13 number or Illinois Identification Card number, except as

14 provided in subsection (a-10).

15 (a-10) Each applicant for a Firearm Owner's Identification

16 Card, who is employed as a law enforcement officer, an armed

17 security officer in Illinois, or by the United States Military

18 permanently assigned in Illinois and who is not an Illinois

19 resident, shall furnish to the Illinois State Police his or

20 her driver's license number or state identification card

21 number from his or her state of residence. The Illinois State

22 Police may adopt rules to enforce the provisions of this

23 subsection (a-10).

24 (a-15) If an applicant applying for a Firearm Owner's

25 Identification Card moves from the residence address named in

26 the application, he or she shall immediately notify in a form

HB5004

- 94 -

LRB102 23330 RJF 32496 b

1 and manner prescribed by the Illinois State Police of that

2 change of address.

3 (a-20) Each applicant for a Firearm Owner's Identification

4 Card shall furnish to the Illinois State Police his or her

5 photograph. An applicant who is 21 years of age or older

6 seeking a religious exemption to the photograph requirement

7 must furnish with the application an approved copy of United

8 States Department of the Treasury Internal Revenue Service

9 Form 4029. In lieu of a photograph, an applicant regardless of

10 age seeking a religious exemption to the photograph

11 requirement shall submit fingerprints on a form and manner

12 prescribed by the Illinois State Police ~~Department~~ with his or

13 her application.

14 (a-25) Beginning January 1, 2023, each applicant for the

15 issuance of a Firearm Owner's Identification Card may include

16 a full set of his or her fingerprints in electronic format to

17 the Illinois State Police, unless the applicant has previously

18 provided a full set of his or her fingerprints to the Illinois

19 State Police under this Act or the Firearm Concealed Carry

20 Act.

21 The fingerprints must be transmitted through a live scan

22 fingerprint vendor licensed by the Department of Financial and

23 Professional Regulation. The fingerprints shall be checked

24 against the fingerprint records now and hereafter filed in the

25 Illinois State Police and Federal Bureau of Investigation

26 criminal history records databases, including all available

HB5004

- 95 -

LRB102 23330 RJF 32496 b

1 State and local criminal history record information files.

2 The Illinois State Police shall charge applicants a

3 one-time fee for conducting the criminal history record check,

4 which shall be deposited into the State Police Services Fund

5 and shall not exceed the actual cost of the State and national

6 criminal history record check.

7 (a-26) The Illinois State Police shall research, explore,

8 and report to the General Assembly by January 1, 2022 on the

9 feasibility of permitting voluntarily submitted fingerprints

10 obtained for purposes other than Firearm Owner's

11 Identification Card enforcement that are contained in the

12 Illinois State Police database for purposes of this Act.

13 (b) Each application form shall include the following

14 statement printed in bold type: "Warning: Entering false

15 information on an application for a Firearm Owner's

16 Identification Card is punishable as a Class 2 felony in

17 accordance with subsection (d-5) of Section 14 of the Firearm

18 Owners Identification Card Act.".

19 (c) Upon such written consent, pursuant to Section 4,

20 paragraph (a)(2)(i), the parent or legal guardian giving the

21 consent shall be liable for any damages resulting from the

22 applicant's use of firearms or firearm ammunition.

23 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

24 102-538, eff. 8-20-21; revised 10-12-21.)

25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

HB5004

- 96 -

LRB102 23330 RJF 32496 b

1 Sec. 8. Grounds for denial and revocation. The Illinois

2 State Police has authority to deny an application for or to

3 revoke and seize a Firearm Owner's Identification Card

4 previously issued under this Act only if the Illinois State

5 Police ~~Department~~finds that the applicant or the person to

6 whom such card was issued is or was at the time of issuance:

7 (a) A person under 21 years of age who has been

8 convicted of a misdemeanor other than a traffic offense or

9 adjudged delinquent;

10 (b) This subsection (b) applies through the 180th day

11 following July 12, 2019 (the effective date of Public Act

12 101-80) ~~this amendatory Act of the 101st General Assembly~~.

13 A person under 21 years of age who does not have the

14 written consent of his parent or guardian to acquire and

15 possess firearms and firearm ammunition, or whose parent

16 or guardian has revoked such written consent, or where

17 such parent or guardian does not qualify to have a Firearm

18 Owner's Identification Card;

19 (b-5) This subsection (b-5) applies on and after the

20 181st day following July 12, 2019 (the effective date of

21 Public Act 101-80) ~~this amendatory Act of the 101st~~

22 ~~General Assembly~~. A person under 21 years of age who is not

23 an active duty member of the United States Armed Forces

24 and does not have the written consent of his or her parent

25 or guardian to acquire and possess firearms and firearm

26 ammunition, or whose parent or guardian has revoked such

HB5004

- 97 -

LRB102 23330 RJF 32496 b

1 written consent, or where such parent or guardian does not

2 qualify to have a Firearm Owner's Identification Card;

3 (c) A person convicted of a felony under the laws of

4 this or any other jurisdiction;

5 (d) A person addicted to narcotics;

6 (e) A person who has been a patient of a mental health

7 facility within the past 5 years or a person who has been a

8 patient in a mental health facility more than 5 years ago

9 who has not received the certification required under

10 subsection (u) of this Section. An active law enforcement

11 officer employed by a unit of government or a Department

12 of Corrections employee authorized to possess firearms who

13 is denied, revoked, or has his or her Firearm Owner's

14 Identification Card seized under this subsection (e) may

15 obtain relief as described in subsection (c-5) of Section

16 10 of this Act if the officer or employee did not act in a

17 manner threatening to the officer or employee, another

18 person, or the public as determined by the treating

19 clinical psychologist or physician, and the officer or

20 employee seeks mental health treatment;

21 (f) A person whose mental condition is of such a

22 nature that it poses a clear and present danger to the

23 applicant, any other person or persons,or the community;

24 (g) A person who has an intellectual disability;

25 (h) A person who intentionally makes a false statement

26 in the Firearm Owner's Identification Card application;

HB5004

- 98 -

LRB102 23330 RJF 32496 b

1 (i) A noncitizen ~~An alien~~who is unlawfully present in

2 the United States under the laws of the United States;

3 (i-5) A noncitizen ~~An alien~~ who has been admitted to

4 the United States under a non-immigrant visa (as that term

5 is defined in Section 101(a)(26) of the Immigration and

6 Nationality Act (8 U.S.C. 1101(a)(26))), except that this

7 subsection (i-5) does not apply to any noncitizen ~~alien~~

8 who has been lawfully admitted to the United States under

9 a non-immigrant visa if that person ~~alien~~ is:

10 (1) admitted to the United States for lawful

11 hunting or sporting purposes;

12 (2) an official representative of a foreign

13 government who is:

14 (A) accredited to the United States Government

15 or the Government's mission to an international

16 organization having its headquarters in the United

17 States; or

18 (B) en route to or from another country to

19 which that noncitizen ~~alien~~is accredited;

20 (3) an official of a foreign government or

21 distinguished foreign visitor who has been so

22 designated by the Department of State;

23 (4) a foreign law enforcement officer of a

24 friendly foreign government entering the United States

25 on official business; or

26 (5) one who has received a waiver from the

HB5004

- 99 -

LRB102 23330 RJF 32496 b

1 Attorney General of the United States pursuant to 18

2 U.S.C. 922(y)(3);

3 (j) (Blank);

4 (k) A person who has been convicted within the past 5

5 years of battery, assault, aggravated assault, violation

6 of an order of protection, or a substantially similar

7 offense in another jurisdiction, in which a firearm was

8 used or possessed;

9 (l) A person who has been convicted of domestic

10 battery, aggravated domestic battery, or a substantially

11 similar offense in another jurisdiction committed before,

12 on or after January 1, 2012 (the effective date of Public

13 Act 97-158). If the applicant or person who has been

14 previously issued a Firearm Owner's Identification Card

15 under this Act knowingly and intelligently waives the

16 right to have an offense described in this paragraph (l)

17 tried by a jury, and by guilty plea or otherwise, results

18 in a conviction for an offense in which a domestic

19 relationship is not a required element of the offense but

20 in which a determination of the applicability of 18 U.S.C.

21 922(g)(9) is made under Section 112A-11.1 of the Code of

22 Criminal Procedure of 1963, an entry by the court of a

23 judgment of conviction for that offense shall be grounds

24 for denying an application for and for revoking and

25 seizing a Firearm Owner's Identification Card previously

26 issued to the person under this Act;

HB5004

- 100 -

LRB102 23330 RJF 32496 b

1 (m) (Blank);

2 (n) A person who is prohibited from acquiring or

3 possessing firearms or firearm ammunition by any Illinois

4 State statute or by federal law;

5 (o) A minor subject to a petition filed under Section

6 5-520 of the Juvenile Court Act of 1987 alleging that the

7 minor is a delinquent minor for the commission of an

8 offense that if committed by an adult would be a felony;

9 (p) An adult who had been adjudicated a delinquent

10 minor under the Juvenile Court Act of 1987 for the

11 commission of an offense that if committed by an adult

12 would be a felony;

13 (q) A person who is not a resident of the State of

14 Illinois, except as provided in subsection (a-10) of

15 Section 4;

16 (r) A person who has been adjudicated as a person with

17 a mental disability;

18 (s) A person who has been found to have a

19 developmental disability;

20 (t) A person involuntarily admitted into a mental

21 health facility; or

22 (u) A person who has had his or her Firearm Owner's

23 Identification Card revoked or denied under subsection (e)

24 of this Section or item (iv) of paragraph (2) of

25 subsection (a) of Section 4 of this Act because he or she

26 was a patient in a mental health facility as provided in

HB5004

- 101 -

LRB102 23330 RJF 32496 b

1 subsection (e) of this Section, shall not be permitted to

2 obtain a Firearm Owner's Identification Card, after the

3 5-year period has lapsed, unless he or she has received a

4 mental health evaluation by a physician, clinical

5 psychologist, or qualified examiner as those terms are

6 defined in the Mental Health and Developmental

7 Disabilities Code, and has received a certification that

8 he or she is not a clear and present danger to himself,

9 herself, or others. The physician, clinical psychologist,

10 or qualified examiner making the certification and his or

11 her employer shall not be held criminally, civilly, or

12 professionally liable for making or not making the

13 certification required under this subsection, except for

14 willful or wanton misconduct. This subsection does not

15 apply to a person whose firearm possession rights have

16 been restored through administrative or judicial action

17 under Section 10 or 11 of this Act.

18 Upon revocation of a person's Firearm Owner's

19 Identification Card, the Illinois State Police shall provide

20 notice to the person and the person shall comply with Section

21 9.5 of this Act.

22 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

23 102-645, eff. 1-1-22; revised 10-14-21.)

24 Section 95. The Criminal Code of 2012 is amended by

25 changing Section 17-6.5 as follows:

HB5004

- 102 -

LRB102 23330 RJF 32496 b

1 (720 ILCS 5/17-6.5)

2 Sec. 17-6.5. Persons under deportation order;

3 ineligibility for benefits.

4 (a) An individual against whom a United States Immigration

5 Judge has issued an order of deportation which has been

6 affirmed by the Board of Immigration Review, as well as an

7 individual who appeals such an order pending appeal, under

8 paragraph 19 of Section 241(a) of the Immigration and

9 Nationality Act relating to persecution of others on account

10 of race, religion, national origin or political opinion under

11 the direction of or in association with the Nazi government of

12 Germany or its allies, shall be ineligible for the following

13 benefits authorized by State law:

14 (1) The homestead exemptions and homestead improvement

15 exemption under Sections 15-170, 15-175, 15-176, and

16 15-180 of the Property Tax Code.

17 (2) Grants under the Senior Citizens and Persons with

18 Disabilities Property Tax Relief Act.

19 (3) The double income tax exemption conferred upon

20 persons 65 years of age or older by Section 204 of the

21 Illinois Income Tax Act.

22 (4) Grants provided by the Department on Aging.

23 (5) Reductions in vehicle registration fees under

24 Section 3-806.3 of the Illinois Vehicle Code.

25 (6) Free fishing and reduced fishing license fees

HB5004

- 103 -

LRB102 23330 RJF 32496 b

1 under Sections 20-5 and 20-40 of the Fish and Aquatic Life

2 Code.

3 (7) Tuition free courses for senior citizens under the

4 Senior Citizen Courses Act.

5 (8) Any benefits under the Illinois Public Aid Code.

6 (b) If a person has been found by a court to have knowingly

7 received benefits in violation of subsection (a) and:

8 (1) the total monetary value of the benefits received

9 is less than $150, the person is guilty of a Class A

10 misdemeanor; a second or subsequent violation is a Class 4

11 felony;

12 (2) the total monetary value of the benefits received

13 is $150 or more but less than $1,000, the person is guilty

14 of a Class 4 felony; a second or subsequent violation is a

15 Class 3 felony;

16 (3) the total monetary value of the benefits received

17 is $1,000 or more but less than $5,000, the person is

18 guilty of a Class 3 felony; a second or subsequent

19 violation is a Class 2 felony;

20 (4) the total monetary value of the benefits received

21 is $5,000 or more but less than $10,000, the person is

22 guilty of a Class 2 felony; a second or subsequent

23 violation is a Class 1 felony; or

24 (5) the total monetary value of the benefits received

25 is $10,000 or more, the person is guilty of a Class 1

26 felony.

HB5004

- 104 -

LRB102 23330 RJF 32496 b

1 (c) For purposes of determining the classification of an

2 offense under this Section, all of the monetary value of the

3 benefits received as a result of the unlawful act, practice,

4 or course of conduct may be accumulated.

5 (d) Any grants awarded to persons described in subsection

6 (a) may be recovered by the State of Illinois in a civil action

7 commenced by the Attorney General in the circuit court of

8 Sangamon County or the State's Attorney of the county of

9 residence of the person described in subsection (a).

10 (e) An individual described in subsection (a) who has been

11 deported shall be restored to any benefits which that

12 individual has been denied under State law pursuant to

13 subsection (a) if (i) the Attorney General of the United

14 States has issued an order cancelling deportation and has

15 adjusted the status of the individual to that of a noncitizen

16 ~~an alien~~lawfully admitted for permanent residence in the

17 United States or (ii) the country to which the individual has

18 been deported adjudicates or exonerates the individual in a

19 judicial or administrative proceeding as not being guilty of

20 the persecution of others on account of race, religion,

21 national origin, or political opinion under the direction of

22 or in association with the Nazi government of Germany or its

23 allies.

24 (Source: P.A. 99-143, eff. 7-27-15.)

25 Section 100. The Prevention of Cigarette and Electronic

HB5004

- 105 -

LRB102 23330 RJF 32496 b

1 Cigarette Sales to Persons under 21 Years of Age Act is amended

2 by changing Section 2 as follows:

3 (720 ILCS 678/2)

4 Sec. 2. Definitions. For the purpose of this Act:

5 "Cigarette", when used in this Act, means any roll for

6 smoking made wholly or in part of tobacco irrespective of size

7 or shape and whether or not the tobacco is flavored,

8 adulterated, or mixed with any other ingredient, and the

9 wrapper or cover of which is made of paper or any other

10 substance or material except whole leaf tobacco.

11 "Clear and conspicuous statement" means the statement is

12 of sufficient type size to be clearly readable by the

13 recipient of the communication.

14 "Consumer" means an individual who acquires or seeks to

15 acquire cigarettes or electronic cigarettes for personal use.

16 "Delivery sale" means any sale of cigarettes or electronic

17 cigarettes to a consumer if:

18 (a) the consumer submits the order for such sale by

19 means of a telephone or other method of voice

20 transmission, the mails, or the Internet or other online

21 service, or the seller is otherwise not in the physical

22 presence of the buyer when the request for purchase or

23 order is made; or

24 (b) the cigarettes or electronic cigarettes are

25 delivered by use of a common carrier, private delivery

HB5004

- 106 -

LRB102 23330 RJF 32496 b

1 service, or the mails, or the seller is not in the physical

2 presence of the buyer when the buyer obtains possession of

3 the cigarettes or electronic cigarettes.

4 "Delivery service" means any person (other than a person

5 that makes a delivery sale) who delivers to the consumer the

6 cigarettes or electronic cigarettes sold in a delivery sale.

7 "Department" means the Department of Revenue.

8 "Electronic cigarette" means:

9 (1) any device that employs a battery or other

10 mechanism to heat a solution or substance to produce a

11 vapor or aerosol intended for inhalation;

12 (2) any cartridge or container of a solution or

13 substance intended to be used with or in the device or to

14 refill the device; or

15 (3) any solution or substance, whether or not it

16 contains nicotine, intended for use in the device.

17 "Electronic cigarette" includes, but is not limited to,

18 any electronic nicotine delivery system, electronic cigar,

19 electronic cigarillo, electronic pipe, electronic hookah, vape

20 pen, or similar product or device, and any component, part, or

21 accessory of a device used during the operation of the device,

22 even if the part or accessory was sold separately. "Electronic

23 cigarette" does not include: cigarettes, as defined in Section

24 1 of the Cigarette Tax Act; any product approved by the United

25 States Food and Drug Administration for sale as a tobacco

26 cessation product, a tobacco dependence product, or for other

HB5004

- 107 -

LRB102 23330 RJF 32496 b

1 medical purposes that is marketed and sold solely for that

2 approved purpose; any asthma inhaler prescribed by a physician

3 for that condition that is marketed and sold solely for that

4 approved purpose; any device that meets the definition of

5 cannabis paraphernalia under Section 1-10 of the Cannabis

6 Regulation and Tax Act; or any cannabis product sold by a

7 dispensing organization pursuant to the Cannabis Regulation

8 and Tax Act or the Compassionate Use of Medical Cannabis

9 Program Act.

10 "Government-issued identification" means a State driver's

11 license, State identification card, passport, a military

12 identification or an official naturalization or immigration

13 document, such as a ~~an alien~~ registration recipient card

14 (commonly known as a "green card") or an immigrant visa.

15 "Mails" or "mailing" mean the shipment of cigarettes or

16 electronic cigarettes through the United States Postal

17 Service.

18 "Out-of-state sale" means a sale of cigarettes or

19 electronic cigarettes to a consumer located outside of this

20 State where the consumer submits the order for such sale by

21 means of a telephonic or other method of voice transmission,

22 the mails or any other delivery service, facsimile

23 transmission, or the Internet or other online service and

24 where the cigarettes or electronic cigarettes are delivered by

25 use of the mails or other delivery service.

26 "Person" means any individual, corporation, partnership,

HB5004

- 108 -

LRB102 23330 RJF 32496 b

1 limited liability company, association, or other organization

2 that engages in any for-profit or not-for-profit activities.

3 "Shipping package" means a container in which packs or

4 cartons of cigarettes or electronic cigarettes are shipped in

5 connection with a delivery sale.

6 "Shipping documents" means bills of lading, air bills, or

7 any other documents used to evidence the undertaking by a

8 delivery service to deliver letters, packages, or other

9 containers.

10 (Source: P.A. 102-575, eff. 1-1-22.)

11 Section 105. The Code of Criminal Procedure of 1963 is

12 amended by changing Section 113-8 as follows:

13 (725 ILCS 5/113-8)

14 Sec. 113-8. Advisement concerning status as a noncitizen

15 ~~an alien~~.

16 (a) Before the acceptance of a plea of guilty, guilty but

17 mentally ill, or nolo contendere to a misdemeanor or felony

18 offense, the court shall give the following advisement to the

19 defendant in open court:

20 "If you are not a citizen of the United States, you are

21 hereby advised that conviction of the offense for which you

22 have been charged may have the consequence of deportation,

23 exclusion from admission to the United States, or denial of

24 naturalization under the laws of the United States.".

HB5004

- 109 -

LRB102 23330 RJF 32496 b

1 (b) If the defendant is arraigned on or after the

2 effective date of this amendatory Act of the 101st General

3 Assembly, and the court fails to advise the defendant as

4 required by subsection (a) of this Section, and the defendant

5 shows that conviction of the offense to which the defendant

6 pleaded guilty, guilty but mentally ill, or nolo contendere

7 may have the consequence for the defendant of deportation,

8 exclusion from admission to the United States, or denial of

9 naturalization under the laws of the United States, the court,

10 upon the defendant's motion, shall vacate the judgment and

11 permit the defendant to withdraw the plea of guilty, guilty

12 but mentally ill, or nolo contendere and enter a plea of not

13 guilty. The motion shall be filed within 2 years of the date of

14 the defendant's conviction.

15 (Source: P.A. 101-409, eff. 1-1-20.)

16 Section 110. The Unified Code of Corrections is amended by

17 changing Sections 3-2-2 and 5-5-3 as follows:

18 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)

19 Sec. 3-2-2. Powers and duties of the Department.

20 (1) In addition to the powers, duties, and

21 responsibilities which are otherwise provided by law, the

22 Department shall have the following powers:

23 (a) To accept persons committed to it by the courts of

24 this State for care, custody, treatment, and

HB5004

- 110 -

LRB102 23330 RJF 32496 b

1 rehabilitation, and to accept federal prisoners and

2 noncitizens ~~aliens~~ over whom the Office of the Federal

3 Detention Trustee is authorized to exercise the federal

4 detention function for limited purposes and periods of

5 time.

6 (b) To develop and maintain reception and evaluation

7 units for purposes of analyzing the custody and

8 rehabilitation needs of persons committed to it and to

9 assign such persons to institutions and programs under its

10 control or transfer them to other appropriate agencies. In

11 consultation with the Department of Alcoholism and

12 Substance Abuse (now the Department of Human Services),

13 the Department of Corrections shall develop a master plan

14 for the screening and evaluation of persons committed to

15 its custody who have alcohol or drug abuse problems, and

16 for making appropriate treatment available to such

17 persons; the Department shall report to the General

18 Assembly on such plan not later than April 1, 1987. The

19 maintenance and implementation of such plan shall be

20 contingent upon the availability of funds.

21 (b-1) To create and implement, on January 1, 2002, a

22 pilot program to establish the effectiveness of

23 pupillometer technology (the measurement of the pupil's

24 reaction to light) as an alternative to a urine test for

25 purposes of screening and evaluating persons committed to

26 its custody who have alcohol or drug problems. The pilot

HB5004

- 111 -

LRB102 23330 RJF 32496 b

1 program shall require the pupillometer technology to be

2 used in at least one Department of Corrections facility.

3 The Director may expand the pilot program to include an

4 additional facility or facilities as he or she deems

5 appropriate. A minimum of 4,000 tests shall be included in

6 the pilot program. The Department must report to the

7 General Assembly on the effectiveness of the program by

8 January 1, 2003.

9 (b-5) To develop, in consultation with the Illinois

10 State Police, a program for tracking and evaluating each

11 inmate from commitment through release for recording his

12 or her gang affiliations, activities, or ranks.

13 (c) To maintain and administer all State correctional

14 institutions and facilities under its control and to

15 establish new ones as needed. Pursuant to its power to

16 establish new institutions and facilities, the Department

17 may, with the written approval of the Governor, authorize

18 the Department of Central Management Services to enter

19 into an agreement of the type described in subsection (d)

20 of Section 405-300 of the Department of Central Management

21 Services Law. The Department shall designate those

22 institutions which shall constitute the State Penitentiary

23 System. The Department of Juvenile Justice shall maintain

24 and administer all State youth centers pursuant to

25 subsection (d) of Section 3-2.5-20.

26 Pursuant to its power to establish new institutions

HB5004

- 112 -

LRB102 23330 RJF 32496 b

1 and facilities, the Department may authorize the

2 Department of Central Management Services to accept bids

3 from counties and municipalities for the construction,

4 remodeling, or conversion of a structure to be leased to

5 the Department of Corrections for the purposes of its

6 serving as a correctional institution or facility. Such

7 construction, remodeling,or conversion may be financed

8 with revenue bonds issued pursuant to the Industrial

9 Building Revenue Bond Act by the municipality or county.

10 The lease specified in a bid shall be for a term of not

11 less than the time needed to retire any revenue bonds used

12 to finance the project, but not to exceed 40 years. The

13 lease may grant to the State the option to purchase the

14 structure outright.

15 Upon receipt of the bids, the Department may certify

16 one or more of the bids and shall submit any such bids to

17 the General Assembly for approval. Upon approval of a bid

18 by a constitutional majority of both houses of the General

19 Assembly, pursuant to joint resolution, the Department of

20 Central Management Services may enter into an agreement

21 with the county or municipality pursuant to such bid.

22 (c-5) To build and maintain regional juvenile

23 detention centers and to charge a per diem to the counties

24 as established by the Department to defray the costs of

25 housing each minor in a center. In this subsection (c-5),

26 "juvenile detention center" means a facility to house

HB5004

- 113 -

LRB102 23330 RJF 32496 b

1 minors during pendency of trial who have been transferred

2 from proceedings under the Juvenile Court Act of 1987 to

3 prosecutions under the criminal laws of this State in

4 accordance with Section 5-805 of the Juvenile Court Act of

5 1987, whether the transfer was by operation of law or

6 permissive under that Section. The Department shall

7 designate the counties to be served by each regional

8 juvenile detention center.

9 (d) To develop and maintain programs of control,

10 rehabilitation,and employment of committed persons within

11 its institutions.

12 (d-5) To provide a pre-release job preparation program

13 for inmates at Illinois adult correctional centers.

14 (d-10) To provide educational and visitation

15 opportunities to committed persons within its institutions

16 through temporary access to content-controlled tablets

17 that may be provided as a privilege to committed persons

18 to induce or reward compliance.

19 (e) To establish a system of supervision and guidance

20 of committed persons in the community.

21 (f) To establish in cooperation with the Department of

22 Transportation to supply a sufficient number of prisoners

23 for use by the Department of Transportation to clean up

24 the trash and garbage along State, county, township, or

25 municipal highways as designated by the Department of

26 Transportation. The Department of Corrections, at the

HB5004

- 114 -

LRB102 23330 RJF 32496 b

1 request of the Department of Transportation, shall furnish

2 such prisoners at least annually for a period to be agreed

3 upon between the Director of Corrections and the Secretary

4 of Transportation. The prisoners used on this program

5 shall be selected by the Director of Corrections on

6 whatever basis he deems proper in consideration of their

7 term, behavior and earned eligibility to participate in

8 such program - where they will be outside of the prison

9 facility but still in the custody of the Department of

10 Corrections. Prisoners convicted of first degree murder,

11 or a Class X felony, or armed violence, or aggravated

12 kidnapping, or criminal sexual assault, aggravated

13 criminal sexual abuse or a subsequent conviction for

14 criminal sexual abuse, or forcible detention, or arson, or

15 a prisoner adjudged a Habitual Criminal shall not be

16 eligible for selection to participate in such program. The

17 prisoners shall remain as prisoners in the custody of the

18 Department of Corrections and such Department shall

19 furnish whatever security is necessary. The Department of

20 Transportation shall furnish trucks and equipment for the

21 highway cleanup program and personnel to supervise and

22 direct the program. Neither the Department of Corrections

23 nor the Department of Transportation shall replace any

24 regular employee with a prisoner.

25 (g) To maintain records of persons committed to it and

26 to establish programs of research, statistics, and

HB5004

- 115 -

LRB102 23330 RJF 32496 b

1 planning.

2 (h) To investigate the grievances of any person

3 committed to the Department and to inquire into any

4 alleged misconduct by employees or committed persons; and

5 for these purposes it may issue subpoenas and compel the

6 attendance of witnesses and the production of writings and

7 papers, and may examine under oath any witnesses who may

8 appear before it; to also investigate alleged violations

9 of a parolee's or releasee's conditions of parole or

10 release; and for this purpose it may issue subpoenas and

11 compel the attendance of witnesses and the production of

12 documents only if there is reason to believe that such

13 procedures would provide evidence that such violations

14 have occurred.

15 If any person fails to obey a subpoena issued under

16 this subsection, the Director may apply to any circuit

17 court to secure compliance with the subpoena. The failure

18 to comply with the order of the court issued in response

19 thereto shall be punishable as contempt of court.

20 (i) To appoint and remove the chief administrative

21 officers, and administer programs of training and

22 development of personnel of the Department. Personnel

23 assigned by the Department to be responsible for the

24 custody and control of committed persons or to investigate

25 the alleged misconduct of committed persons or employees

26 or alleged violations of a parolee's or releasee's

HB5004

- 116 -

LRB102 23330 RJF 32496 b

1 conditions of parole shall be conservators of the peace

2 for those purposes, and shall have the full power of peace

3 officers outside of the facilities of the Department in

4 the protection, arrest, retaking,and reconfining of

5 committed persons or where the exercise of such power is

6 necessary to the investigation of such misconduct or

7 violations. This subsection shall not apply to persons

8 committed to the Department of Juvenile Justice under the

9 Juvenile Court Act of 1987 on aftercare release.

10 (j) To cooperate with other departments and agencies

11 and with local communities for the development of

12 standards and programs for better correctional services in

13 this State.

14 (k) To administer all moneys and properties of the

15 Department.

16 (l) To report annually to the Governor on the

17 committed persons, institutions, and programs of the

18 Department.

19 (l-5) (Blank).

20 (m) To make all rules and regulations and exercise all

21 powers and duties vested by law in the Department.

22 (n) To establish rules and regulations for

23 administering a system of sentence credits, established in

24 accordance with Section 3-6-3, subject to review by the

25 Prisoner Review Board.

26 (o) To administer the distribution of funds from the

HB5004

- 117 -

LRB102 23330 RJF 32496 b

1 State Treasury to reimburse counties where State penal

2 institutions are located for the payment of assistant

3 state's attorneys' salaries under Section 4-2001 of the

4 Counties Code.

5 (p) To exchange information with the Department of

6 Human Services and the Department of Healthcare and Family

7 Services for the purpose of verifying living arrangements

8 and for other purposes directly connected with the

9 administration of this Code and the Illinois Public Aid

10 Code.

11 (q) To establish a diversion program.

12 The program shall provide a structured environment for

13 selected technical parole or mandatory supervised release

14 violators and committed persons who have violated the

15 rules governing their conduct while in work release. This

16 program shall not apply to those persons who have

17 committed a new offense while serving on parole or

18 mandatory supervised release or while committed to work

19 release.

20 Elements of the program shall include, but shall not

21 be limited to, the following:

22 (1) The staff of a diversion facility shall

23 provide supervision in accordance with required

24 objectives set by the facility.

25 (2) Participants shall be required to maintain

26 employment.

HB5004

- 118 -

LRB102 23330 RJF 32496 b

1 (3) Each participant shall pay for room and board

2 at the facility on a sliding-scale basis according to

3 the participant's income.

4 (4) Each participant shall:

5 (A) provide restitution to victims in

6 accordance with any court order;

7 (B) provide financial support to his

8 dependents; and

9 (C) make appropriate payments toward any other

10 court-ordered obligations.

11 (5) Each participant shall complete community

12 service in addition to employment.

13 (6) Participants shall take part in such

14 counseling, educational,and other programs as the

15 Department may deem appropriate.

16 (7) Participants shall submit to drug and alcohol

17 screening.

18 (8) The Department shall promulgate rules

19 governing the administration of the program.

20 (r) To enter into intergovernmental cooperation

21 agreements under which persons in the custody of the

22 Department may participate in a county impact

23 incarceration program established under Section 3-6038 or

24 3-15003.5 of the Counties Code.

25 (r-5) (Blank).

26 (r-10) To systematically and routinely identify with

HB5004

- 119 -

LRB102 23330 RJF 32496 b

1 respect to each streetgang active within the correctional

2 system: (1) each active gang; (2) every existing

3 inter-gang affiliation or alliance; and (3) the current

4 leaders in each gang. The Department shall promptly

5 segregate leaders from inmates who belong to their gangs

6 and allied gangs. "Segregate" means no physical contact

7 and, to the extent possible under the conditions and space

8 available at the correctional facility, prohibition of

9 visual and sound communication. For the purposes of this

10 paragraph (r-10), "leaders" means persons who:

11 (i) are members of a criminal streetgang;

12 (ii) with respect to other individuals within the

13 streetgang, occupy a position of organizer,

14 supervisor, or other position of management or

15 leadership; and

16 (iii) are actively and personally engaged in

17 directing, ordering, authorizing, or requesting

18 commission of criminal acts by others, which are

19 punishable as a felony, in furtherance of streetgang

20 related activity both within and outside of the

21 Department of Corrections.

22 "Streetgang", "gang", and "streetgang related" have the

23 meanings ascribed to them in Section 10 of the Illinois

24 Streetgang Terrorism Omnibus Prevention Act.

25 (s) To operate a super-maximum security institution,

26 in order to manage and supervise inmates who are

HB5004

- 120 -

LRB102 23330 RJF 32496 b

1 disruptive or dangerous and provide for the safety and

2 security of the staff and the other inmates.

3 (t) To monitor any unprivileged conversation or any

4 unprivileged communication, whether in person or by mail,

5 telephone, or other means, between an inmate who, before

6 commitment to the Department, was a member of an organized

7 gang and any other person without the need to show cause or

8 satisfy any other requirement of law before beginning the

9 monitoring, except as constitutionally required. The

10 monitoring may be by video, voice, or other method of

11 recording or by any other means. As used in this

12 subdivision (1)(t), "organized gang" has the meaning

13 ascribed to it in Section 10 of the Illinois Streetgang

14 Terrorism Omnibus Prevention Act.

15 As used in this subdivision (1)(t), "unprivileged

16 conversation" or "unprivileged communication" means a

17 conversation or communication that is not protected by any

18 privilege recognized by law or by decision, rule, or order

19 of the Illinois Supreme Court.

20 (u) To establish a Women's and Children's Pre-release

21 Community Supervision Program for the purpose of providing

22 housing and services to eligible female inmates, as

23 determined by the Department, and their newborn and young

24 children.

25 (u-5) To issue an order, whenever a person committed

26 to the Department absconds or absents himself or herself,

HB5004

- 121 -

LRB102 23330 RJF 32496 b

1 without authority to do so, from any facility or program

2 to which he or she is assigned. The order shall be

3 certified by the Director, the Supervisor of the

4 Apprehension Unit, or any person duly designated by the

5 Director, with the seal of the Department affixed. The

6 order shall be directed to all sheriffs, coroners, and

7 police officers, or to any particular person named in the

8 order. Any order issued pursuant to this subdivision

9 (1)(u-5) shall be sufficient warrant for the officer or

10 person named in the order to arrest and deliver the

11 committed person to the proper correctional officials and

12 shall be executed the same as criminal process.

13 (u-6) To appoint a point of contact person who shall

14 receive suggestions, complaints, or other requests to the

15 Department from visitors to Department institutions or

16 facilities and from other members of the public.

17 (v) To do all other acts necessary to carry out the

18 provisions of this Chapter.

19 (2) The Department of Corrections shall by January 1,

20 1998, consider building and operating a correctional facility

21 within 100 miles of a county of over 2,000,000 inhabitants,

22 especially a facility designed to house juvenile participants

23 in the impact incarceration program.

24 (3) When the Department lets bids for contracts for

25 medical services to be provided to persons committed to

26 Department facilities by a health maintenance organization,

HB5004

- 122 -

LRB102 23330 RJF 32496 b

1 medical service corporation, or other health care provider,

2 the bid may only be let to a health care provider that has

3 obtained an irrevocable letter of credit or performance bond

4 issued by a company whose bonds have an investment grade or

5 higher rating by a bond rating organization.

6 (4) When the Department lets bids for contracts for food

7 or commissary services to be provided to Department

8 facilities, the bid may only be let to a food or commissary

9 services provider that has obtained an irrevocable letter of

10 credit or performance bond issued by a company whose bonds

11 have an investment grade or higher rating by a bond rating

12 organization.

13 (5) On and after the date 6 months after August 16, 2013

14 (the effective date of Public Act 98-488), as provided in the

15 Executive Order 1 (2012) Implementation Act, all of the

16 powers, duties, rights, and responsibilities related to State

17 healthcare purchasing under this Code that were transferred

18 from the Department of Corrections to the Department of

19 Healthcare and Family Services by Executive Order 3 (2005) are

20 transferred back to the Department of Corrections; however,

21 powers, duties, rights, and responsibilities related to State

22 healthcare purchasing under this Code that were exercised by

23 the Department of Corrections before the effective date of

24 Executive Order 3 (2005) but that pertain to individuals

25 resident in facilities operated by the Department of Juvenile

26 Justice are transferred to the Department of Juvenile Justice.

HB5004

- 123 -

LRB102 23330 RJF 32496 b

1 (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;

2 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised

3 10-15-21.)

4 (730 ILCS 5/5-5-3)

5 Sec. 5-5-3. Disposition.

6 (a) (Blank).

7 (b) (Blank).

8 (c) (1) (Blank).

9 (2) A period of probation, a term of periodic imprisonment

10 or conditional discharge shall not be imposed for the

11 following offenses. The court shall sentence the offender to

12 not less than the minimum term of imprisonment set forth in

13 this Code for the following offenses, and may order a fine or

14 restitution or both in conjunction with such term of

15 imprisonment:

16 (A) First degree murder where the death penalty is not

17 imposed.

18 (B) Attempted first degree murder.

19 (C) A Class X felony.

20 (D) A violation of Section 401.1 or 407 of the

21 Illinois Controlled Substances Act, or a violation of

22 subdivision (c)(1.5) of Section 401 of that Act which

23 relates to more than 5 grams of a substance containing

24 fentanyl or an analog thereof.

25 (D-5) A violation of subdivision (c)(1) of Section 401

HB5004

- 124 -

LRB102 23330 RJF 32496 b

1 of the Illinois Controlled Substances Act which relates to

2 3 or more grams of a substance containing heroin or an

3 analog thereof.

4 (E) (Blank).

5 (F) A Class 1 or greater felony if the offender had

6 been convicted of a Class 1 or greater felony, including

7 any state or federal conviction for an offense that

8 contained, at the time it was committed, the same elements

9 as an offense now (the date of the offense committed after

10 the prior Class 1 or greater felony) classified as a Class

11 1 or greater felony, within 10 years of the date on which

12 the offender committed the offense for which he or she is

13 being sentenced, except as otherwise provided in Section

14 40-10 of the Substance Use Disorder Act.

15 (F-3) A Class 2 or greater felony sex offense or

16 felony firearm offense if the offender had been convicted

17 of a Class 2 or greater felony, including any state or

18 federal conviction for an offense that contained, at the

19 time it was committed, the same elements as an offense now

20 (the date of the offense committed after the prior Class 2

21 or greater felony) classified as a Class 2 or greater

22 felony, within 10 years of the date on which the offender

23 committed the offense for which he or she is being

24 sentenced, except as otherwise provided in Section 40-10

25 of the Substance Use Disorder Act.

26 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

HB5004

- 125 -

LRB102 23330 RJF 32496 b

1 of the Criminal Code of 1961 or the Criminal Code of 2012

2 for which imprisonment is prescribed in those Sections.

3 (G) Residential burglary, except as otherwise provided

4 in Section 40-10 of the Substance Use Disorder Act.

5 (H) Criminal sexual assault.

6 (I) Aggravated battery of a senior citizen as

7 described in Section 12-4.6 or subdivision (a)(4) of

8 Section 12-3.05 of the Criminal Code of 1961 or the

9 Criminal Code of 2012.

10 (J) A forcible felony if the offense was related to

11 the activities of an organized gang.

12 Before July 1, 1994, for the purposes of this

13 paragraph, "organized gang" means an association of 5 or

14 more persons, with an established hierarchy, that

15 encourages members of the association to perpetrate crimes

16 or provides support to the members of the association who

17 do commit crimes.

18 Beginning July 1, 1994, for the purposes of this

19 paragraph, "organized gang" has the meaning ascribed to it

20 in Section 10 of the Illinois Streetgang Terrorism Omnibus

21 Prevention Act.

22 (K) Vehicular hijacking.

23 (L) A second or subsequent conviction for the offense

24 of hate crime when the underlying offense upon which the

25 hate crime is based is felony aggravated assault or felony

26 mob action.

HB5004

- 126 -

LRB102 23330 RJF 32496 b

1 (M) A second or subsequent conviction for the offense

2 of institutional vandalism if the damage to the property

3 exceeds $300.

4 (N) A Class 3 felony violation of paragraph (1) of

5 subsection (a) of Section 2 of the Firearm Owners

6 Identification Card Act.

7 (O) A violation of Section 12-6.1 or 12-6.5 of the

8 Criminal Code of 1961 or the Criminal Code of 2012.

9 (P) A violation of paragraph (1), (2), (3), (4), (5),

10 or (7) of subsection (a) of Section 11-20.1 of the

11 Criminal Code of 1961 or the Criminal Code of 2012.

12 (P-5) A violation of paragraph (6) of subsection (a)

13 of Section 11-20.1 of the Criminal Code of 1961 or the

14 Criminal Code of 2012 if the victim is a household or

15 family member of the defendant.

16 (Q) A violation of subsection (b) or (b-5) of Section

17 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

18 Code of 1961 or the Criminal Code of 2012.

19 (R) A violation of Section 24-3A of the Criminal Code

20 of 1961 or the Criminal Code of 2012.

21 (S) (Blank).

22 (T) (Blank).

23 (U) A second or subsequent violation of Section 6-303

24 of the Illinois Vehicle Code committed while his or her

25 driver's license, permit, or privilege was revoked because

26 of a violation of Section 9-3 of the Criminal Code of 1961

HB5004

- 127 -

LRB102 23330 RJF 32496 b

1 or the Criminal Code of 2012, relating to the offense of

2 reckless homicide, or a similar provision of a law of

3 another state.

4 (V) A violation of paragraph (4) of subsection (c) of

5 Section 11-20.1B or paragraph (4) of subsection (c) of

6 Section 11-20.3 of the Criminal Code of 1961, or paragraph

7 (6) of subsection (a) of Section 11-20.1 of the Criminal

8 Code of 2012 when the victim is under 13 years of age and

9 the defendant has previously been convicted under the laws

10 of this State or any other state of the offense of child

11 pornography, aggravated child pornography, aggravated

12 criminal sexual abuse, aggravated criminal sexual assault,

13 predatory criminal sexual assault of a child, or any of

14 the offenses formerly known as rape, deviate sexual

15 assault, indecent liberties with a child, or aggravated

16 indecent liberties with a child where the victim was under

17 the age of 18 years or an offense that is substantially

18 equivalent to those offenses.

19 (W) A violation of Section 24-3.5 of the Criminal Code

20 of 1961 or the Criminal Code of 2012.

21 (X) A violation of subsection (a) of Section 31-1a of

22 the Criminal Code of 1961 or the Criminal Code of 2012.

23 (Y) A conviction for unlawful possession of a firearm

24 by a street gang member when the firearm was loaded or

25 contained firearm ammunition.

26 (Z) A Class 1 felony committed while he or she was

HB5004

- 128 -

LRB102 23330 RJF 32496 b

1 serving a term of probation or conditional discharge for a

2 felony.

3 (AA) Theft of property exceeding $500,000 and not

4 exceeding $1,000,000 in value.

5 (BB) Laundering of criminally derived property of a

6 value exceeding $500,000.

7 (CC) Knowingly selling, offering for sale, holding for

8 sale, or using 2,000 or more counterfeit items or

9 counterfeit items having a retail value in the aggregate

10 of $500,000 or more.

11 (DD) A conviction for aggravated assault under

12 paragraph (6) of subsection (c) of Section 12-2 of the

13 Criminal Code of 1961 or the Criminal Code of 2012 if the

14 firearm is aimed toward the person against whom the

15 firearm is being used.

16 (EE) A conviction for a violation of paragraph (2) of

17 subsection (a) of Section 24-3B of the Criminal Code of

18 2012.

19 (3) (Blank).

20 (4) A minimum term of imprisonment of not less than 10

21 consecutive days or 30 days of community service shall be

22 imposed for a violation of paragraph (c) of Section 6-303 of

23 the Illinois Vehicle Code.

24 (4.1) (Blank).

25 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

26 this subsection (c), a minimum of 100 hours of community

HB5004

- 129 -

LRB102 23330 RJF 32496 b

1 service shall be imposed for a second violation of Section

2 6-303 of the Illinois Vehicle Code.

3 (4.3) A minimum term of imprisonment of 30 days or 300

4 hours of community service, as determined by the court, shall

5 be imposed for a second violation of subsection (c) of Section

6 6-303 of the Illinois Vehicle Code.

7 (4.4) Except as provided in paragraphs (4.5), (4.6), and

8 (4.9) of this subsection (c), a minimum term of imprisonment

9 of 30 days or 300 hours of community service, as determined by

10 the court, shall be imposed for a third or subsequent

11 violation of Section 6-303 of the Illinois Vehicle Code. The

12 court may give credit toward the fulfillment of community

13 service hours for participation in activities and treatment as

14 determined by court services.

15 (4.5) A minimum term of imprisonment of 30 days shall be

16 imposed for a third violation of subsection (c) of Section

17 6-303 of the Illinois Vehicle Code.

18 (4.6) Except as provided in paragraph (4.10) of this

19 subsection (c), a minimum term of imprisonment of 180 days

20 shall be imposed for a fourth or subsequent violation of

21 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

22 (4.7) A minimum term of imprisonment of not less than 30

23 consecutive days, or 300 hours of community service, shall be

24 imposed for a violation of subsection (a-5) of Section 6-303

25 of the Illinois Vehicle Code, as provided in subsection (b-5)

26 of that Section.

HB5004

- 130 -

LRB102 23330 RJF 32496 b

1 (4.8) A mandatory prison sentence shall be imposed for a

2 second violation of subsection (a-5) of Section 6-303 of the

3 Illinois Vehicle Code, as provided in subsection (c-5) of that

4 Section. The person's driving privileges shall be revoked for

5 a period of not less than 5 years from the date of his or her

6 release from prison.

7 (4.9) A mandatory prison sentence of not less than 4 and

8 not more than 15 years shall be imposed for a third violation

9 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

10 Code, as provided in subsection (d-2.5) of that Section. The

11 person's driving privileges shall be revoked for the remainder

12 of his or her life.

13 (4.10) A mandatory prison sentence for a Class 1 felony

14 shall be imposed, and the person shall be eligible for an

15 extended term sentence, for a fourth or subsequent violation

16 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

17 Code, as provided in subsection (d-3.5) of that Section. The

18 person's driving privileges shall be revoked for the remainder

19 of his or her life.

20 (5) The court may sentence a corporation or unincorporated

21 association convicted of any offense to:

22 (A) a period of conditional discharge;

23 (B) a fine;

24 (C) make restitution to the victim under Section 5-5-6

25 of this Code.

26 (5.1) In addition to any other penalties imposed, and

HB5004

- 131 -

LRB102 23330 RJF 32496 b

1 except as provided in paragraph (5.2) or (5.3), a person

2 convicted of violating subsection (c) of Section 11-907 of the

3 Illinois Vehicle Code shall have his or her driver's license,

4 permit, or privileges suspended for at least 90 days but not

5 more than one year, if the violation resulted in damage to the

6 property of another person.

7 (5.2) In addition to any other penalties imposed, and

8 except as provided in paragraph (5.3), a person convicted of

9 violating subsection (c) of Section 11-907 of the Illinois

10 Vehicle Code shall have his or her driver's license, permit,

11 or privileges suspended for at least 180 days but not more than

12 2 years, if the violation resulted in injury to another

13 person.

14 (5.3) In addition to any other penalties imposed, a person

15 convicted of violating subsection (c) of Section 11-907 of the

16 Illinois Vehicle Code shall have his or her driver's license,

17 permit, or privileges suspended for 2 years, if the violation

18 resulted in the death of another person.

19 (5.4) In addition to any other penalties imposed, a person

20 convicted of violating Section 3-707 of the Illinois Vehicle

21 Code shall have his or her driver's license, permit, or

22 privileges suspended for 3 months and until he or she has paid

23 a reinstatement fee of $100.

24 (5.5) In addition to any other penalties imposed, a person

25 convicted of violating Section 3-707 of the Illinois Vehicle

26 Code during a period in which his or her driver's license,

HB5004

- 132 -

LRB102 23330 RJF 32496 b

1 permit, or privileges were suspended for a previous violation

2 of that Section shall have his or her driver's license,

3 permit, or privileges suspended for an additional 6 months

4 after the expiration of the original 3-month suspension and

5 until he or she has paid a reinstatement fee of $100.

6 (6) (Blank).

7 (7) (Blank).

8 (8) (Blank).

9 (9) A defendant convicted of a second or subsequent

10 offense of ritualized abuse of a child may be sentenced to a

11 term of natural life imprisonment.

12 (10) (Blank).

13 (11) The court shall impose a minimum fine of $1,000 for a

14 first offense and $2,000 for a second or subsequent offense

15 upon a person convicted of or placed on supervision for

16 battery when the individual harmed was a sports official or

17 coach at any level of competition and the act causing harm to

18 the sports official or coach occurred within an athletic

19 facility or within the immediate vicinity of the athletic

20 facility at which the sports official or coach was an active

21 participant of the athletic contest held at the athletic

22 facility. For the purposes of this paragraph (11), "sports

23 official" means a person at an athletic contest who enforces

24 the rules of the contest, such as an umpire or referee;

25 "athletic facility" means an indoor or outdoor playing field

26 or recreational area where sports activities are conducted;

HB5004

- 133 -

LRB102 23330 RJF 32496 b

1 and "coach" means a person recognized as a coach by the

2 sanctioning authority that conducted the sporting event.

3 (12) A person may not receive a disposition of court

4 supervision for a violation of Section 5-16 of the Boat

5 Registration and Safety Act if that person has previously

6 received a disposition of court supervision for a violation of

7 that Section.

8 (13) A person convicted of or placed on court supervision

9 for an assault or aggravated assault when the victim and the

10 offender are family or household members as defined in Section

11 103 of the Illinois Domestic Violence Act of 1986 or convicted

12 of domestic battery or aggravated domestic battery may be

13 required to attend a Partner Abuse Intervention Program under

14 protocols set forth by the Illinois Department of Human

15 Services under such terms and conditions imposed by the court.

16 The costs of such classes shall be paid by the offender.

17 (d) In any case in which a sentence originally imposed is

18 vacated, the case shall be remanded to the trial court. The

19 trial court shall hold a hearing under Section 5-4-1 of this

20 Code which may include evidence of the defendant's life, moral

21 character and occupation during the time since the original

22 sentence was passed. The trial court shall then impose

23 sentence upon the defendant. The trial court may impose any

24 sentence which could have been imposed at the original trial

25 subject to Section 5-5-4 of this Code. If a sentence is vacated

26 on appeal or on collateral attack due to the failure of the

HB5004

- 134 -

LRB102 23330 RJF 32496 b

1 trier of fact at trial to determine beyond a reasonable doubt

2 the existence of a fact (other than a prior conviction)

3 necessary to increase the punishment for the offense beyond

4 the statutory maximum otherwise applicable, either the

5 defendant may be re-sentenced to a term within the range

6 otherwise provided or, if the State files notice of its

7 intention to again seek the extended sentence, the defendant

8 shall be afforded a new trial.

9 (e) In cases where prosecution for aggravated criminal

10 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

11 Code of 1961 or the Criminal Code of 2012 results in conviction

12 of a defendant who was a family member of the victim at the

13 time of the commission of the offense, the court shall

14 consider the safety and welfare of the victim and may impose a

15 sentence of probation only where:

16 (1) the court finds (A) or (B) or both are

17 appropriate:

18 (A) the defendant is willing to undergo a court

19 approved counseling program for a minimum duration of

20 2 years; or

21 (B) the defendant is willing to participate in a

22 court approved plan,including, but not limited to,

23 the defendant's:

24 (i) removal from the household;

25 (ii) restricted contact with the victim;

26 (iii) continued financial support of the

HB5004

- 135 -

LRB102 23330 RJF 32496 b

1 family;

2 (iv) restitution for harm done to the victim;

3 and

4 (v) compliance with any other measures that

5 the court may deem appropriate; and

6 (2) the court orders the defendant to pay for the

7 victim's counseling services, to the extent that the court

8 finds, after considering the defendant's income and

9 assets, that the defendant is financially capable of

10 paying for such services, if the victim was under 18 years

11 of age at the time the offense was committed and requires

12 counseling as a result of the offense.

13 Probation may be revoked or modified pursuant to Section

14 5-6-4; except where the court determines at the hearing that

15 the defendant violated a condition of his or her probation

16 restricting contact with the victim or other family members or

17 commits another offense with the victim or other family

18 members, the court shall revoke the defendant's probation and

19 impose a term of imprisonment.

20 For the purposes of this Section, "family member" and

21 "victim" shall have the meanings ascribed to them in Section

22 11-0.1 of the Criminal Code of 2012.

23 (f) (Blank).

24 (g) Whenever a defendant is convicted of an offense under

25 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

26 11-14.3, 11-14.4 except for an offense that involves keeping a

HB5004

- 136 -

LRB102 23330 RJF 32496 b

1 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

2 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

3 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, the defendant shall undergo medical

5 testing to determine whether the defendant has any sexually

6 transmissible disease, including a test for infection with

7 human immunodeficiency virus (HIV) or any other identified

8 causative agent of acquired immunodeficiency syndrome (AIDS).

9 Any such medical test shall be performed only by appropriately

10 licensed medical practitioners and may include an analysis of

11 any bodily fluids as well as an examination of the defendant's

12 person. Except as otherwise provided by law, the results of

13 such test shall be kept strictly confidential by all medical

14 personnel involved in the testing and must be personally

15 delivered in a sealed envelope to the judge of the court in

16 which the conviction was entered for the judge's inspection in

17 camera. Acting in accordance with the best interests of the

18 victim and the public, the judge shall have the discretion to

19 determine to whom, if anyone, the results of the testing may be

20 revealed. The court shall notify the defendant of the test

21 results. The court shall also notify the victim if requested

22 by the victim, and if the victim is under the age of 15 and if

23 requested by the victim's parents or legal guardian, the court

24 shall notify the victim's parents or legal guardian of the

25 test results. The court shall provide information on the

26 availability of HIV testing and counseling at Department of

HB5004

- 137 -

LRB102 23330 RJF 32496 b

1 Public Health facilities to all parties to whom the results of

2 the testing are revealed and shall direct the State's Attorney

3 to provide the information to the victim when possible. The

4 court shall order that the cost of any such test shall be paid

5 by the county and may be taxed as costs against the convicted

6 defendant.

7 (g-5) When an inmate is tested for an airborne

8 communicable disease, as determined by the Illinois Department

9 of Public Health, including,but not limited to, tuberculosis,

10 the results of the test shall be personally delivered by the

11 warden or his or her designee in a sealed envelope to the judge

12 of the court in which the inmate must appear for the judge's

13 inspection in camera if requested by the judge. Acting in

14 accordance with the best interests of those in the courtroom,

15 the judge shall have the discretion to determine what if any

16 precautions need to be taken to prevent transmission of the

17 disease in the courtroom.

18 (h) Whenever a defendant is convicted of an offense under

19 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

20 defendant shall undergo medical testing to determine whether

21 the defendant has been exposed to human immunodeficiency virus

22 (HIV) or any other identified causative agent of acquired

23 immunodeficiency syndrome (AIDS). Except as otherwise provided

24 by law, the results of such test shall be kept strictly

25 confidential by all medical personnel involved in the testing

26 and must be personally delivered in a sealed envelope to the

HB5004

- 138 -

LRB102 23330 RJF 32496 b

1 judge of the court in which the conviction was entered for the

2 judge's inspection in camera. Acting in accordance with the

3 best interests of the public, the judge shall have the

4 discretion to determine to whom, if anyone, the results of the

5 testing may be revealed. The court shall notify the defendant

6 of a positive test showing an infection with the human

7 immunodeficiency virus (HIV). The court shall provide

8 information on the availability of HIV testing and counseling

9 at Department of Public Health facilities to all parties to

10 whom the results of the testing are revealed and shall direct

11 the State's Attorney to provide the information to the victim

12 when possible. The court shall order that the cost of any such

13 test shall be paid by the county and may be taxed as costs

14 against the convicted defendant.

15 (i) All fines and penalties imposed under this Section for

16 any violation of Chapters 3, 4, 6, and 11 of the Illinois

17 Vehicle Code, or a similar provision of a local ordinance, and

18 any violation of the Child Passenger Protection Act, or a

19 similar provision of a local ordinance, shall be collected and

20 disbursed by the circuit clerk as provided under the Criminal

21 and Traffic Assessment Act.

22 (j) In cases when prosecution for any violation of Section

23 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

24 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

25 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

26 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

HB5004

- 139 -

LRB102 23330 RJF 32496 b

1 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

2 Code of 2012, any violation of the Illinois Controlled

3 Substances Act, any violation of the Cannabis Control Act, or

4 any violation of the Methamphetamine Control and Community

5 Protection Act results in conviction, a disposition of court

6 supervision, or an order of probation granted under Section 10

7 of the Cannabis Control Act, Section 410 of the Illinois

8 Controlled Substances Act, or Section 70 of the

9 Methamphetamine Control and Community Protection Act of a

10 defendant, the court shall determine whether the defendant is

11 employed by a facility or center as defined under the Child

12 Care Act of 1969, a public or private elementary or secondary

13 school, or otherwise works with children under 18 years of age

14 on a daily basis. When a defendant is so employed, the court

15 shall order the Clerk of the Court to send a copy of the

16 judgment of conviction or order of supervision or probation to

17 the defendant's employer by certified mail. If the employer of

18 the defendant is a school, the Clerk of the Court shall direct

19 the mailing of a copy of the judgment of conviction or order of

20 supervision or probation to the appropriate regional

21 superintendent of schools. The regional superintendent of

22 schools shall notify the State Board of Education of any

23 notification under this subsection.

24 (j-5) A defendant at least 17 years of age who is convicted

25 of a felony and who has not been previously convicted of a

26 misdemeanor or felony and who is sentenced to a term of

HB5004

- 140 -

LRB102 23330 RJF 32496 b

1 imprisonment in the Illinois Department of Corrections shall

2 as a condition of his or her sentence be required by the court

3 to attend educational courses designed to prepare the

4 defendant for a high school diploma and to work toward a high

5 school diploma or to work toward passing high school

6 equivalency testing or to work toward completing a vocational

7 training program offered by the Department of Corrections. If

8 a defendant fails to complete the educational training

9 required by his or her sentence during the term of

10 incarceration, the Prisoner Review Board shall, as a condition

11 of mandatory supervised release, require the defendant, at his

12 or her own expense, to pursue a course of study toward a high

13 school diploma or passage of high school equivalency testing.

14 The Prisoner Review Board shall revoke the mandatory

15 supervised release of a defendant who wilfully fails to comply

16 with this subsection (j-5) upon his or her release from

17 confinement in a penal institution while serving a mandatory

18 supervised release term; however, the inability of the

19 defendant after making a good faith effort to obtain financial

20 aid or pay for the educational training shall not be deemed a

21 wilful failure to comply. The Prisoner Review Board shall

22 recommit the defendant whose mandatory supervised release term

23 has been revoked under this subsection (j-5) as provided in

24 Section 3-3-9. This subsection (j-5) does not apply to a

25 defendant who has a high school diploma or has successfully

26 passed high school equivalency testing. This subsection (j-5)

HB5004

- 141 -

LRB102 23330 RJF 32496 b

1 does not apply to a defendant who is determined by the court to

2 be a person with a developmental disability or otherwise

3 mentally incapable of completing the educational or vocational

4 program.

5 (k) (Blank).

6 (l) (A) Except as provided in paragraph (C) of subsection

7 (l), whenever a defendant, who isnot a citizen or national of

8 the United States ~~an alien as defined by the Immigration and~~

9 ~~Nationality Act~~, is convicted of any felony or misdemeanor

10 offense, the court after sentencing the defendant may, upon

11 motion of the State's Attorney, hold sentence in abeyance and

12 remand the defendant to the custody of the Attorney General of

13 the United States or his or her designated agent to be deported

14 when:

15 (1) a final order of deportation has been issued

16 against the defendant pursuant to proceedings under the

17 Immigration and Nationality Act, and

18 (2) the deportation of the defendant would not

19 deprecate the seriousness of the defendant's conduct and

20 would not be inconsistent with the ends of justice.

21 Otherwise, the defendant shall be sentenced as provided in

22 this Chapter V.

23 (B) If the defendant has already been sentenced for a

24 felony or misdemeanor offense, or has been placed on probation

25 under Section 10 of the Cannabis Control Act, Section 410 of

26 the Illinois Controlled Substances Act, or Section 70 of the

HB5004

- 142 -

LRB102 23330 RJF 32496 b

1 Methamphetamine Control and Community Protection Act, the

2 court may, upon motion of the State's Attorney to suspend the

3 sentence imposed, commit the defendant to the custody of the

4 Attorney General of the United States or his or her designated

5 agent when:

6 (1) a final order of deportation has been issued

7 against the defendant pursuant to proceedings under the

8 Immigration and Nationality Act, and

9 (2) the deportation of the defendant would not

10 deprecate the seriousness of the defendant's conduct and

11 would not be inconsistent with the ends of justice.

12 (C) This subsection (l) does not apply to offenders who

13 are subject to the provisions of paragraph (2) of subsection

14 (a) of Section 3-6-3.

15 (D) Upon motion of the State's Attorney, if a defendant

16 sentenced under this Section returns to the jurisdiction of

17 the United States, the defendant shall be recommitted to the

18 custody of the county from which he or she was sentenced.

19 Thereafter, the defendant shall be brought before the

20 sentencing court, which may impose any sentence that was

21 available under Section 5-5-3 at the time of initial

22 sentencing. In addition, the defendant shall not be eligible

23 for additional earned sentence credit as provided under

24 Section 3-6-3.

25 (m) A person convicted of criminal defacement of property

26 under Section 21-1.3 of the Criminal Code of 1961 or the

HB5004

- 143 -

LRB102 23330 RJF 32496 b

1 Criminal Code of 2012, in which the property damage exceeds

2 $300 and the property damaged is a school building, shall be

3 ordered to perform community service that may include cleanup,

4 removal, or painting over the defacement.

5 (n) The court may sentence a person convicted of a

6 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

7 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

8 of 1961 or the Criminal Code of 2012 (i) to an impact

9 incarceration program if the person is otherwise eligible for

10 that program under Section 5-8-1.1, (ii) to community service,

11 or (iii) if the person has a substance use disorder, as defined

12 in the Substance Use Disorder Act, to a treatment program

13 licensed under that Act.

14 (o) Whenever a person is convicted of a sex offense as

15 defined in Section 2 of the Sex Offender Registration Act, the

16 defendant's driver's license or permit shall be subject to

17 renewal on an annual basis in accordance with the provisions

18 of license renewal established by the Secretary of State.

19 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;

20 102-531, eff. 1-1-22; revised 10-12-21.)

21 Section 115. The Income Withholding for Support Act is

22 amended by changing Section 20 as follows:

23 (750 ILCS 28/20)

24 Sec. 20. Entry of order for support containing income

HB5004

- 144 -

LRB102 23330 RJF 32496 b

1 withholding provisions; income withholding notice.

2 (a) In addition to any content required under other laws,

3 every order for support entered on or after July 1, 1997,

4 shall:

5 (1) Require an income withholding notice to be

6 prepared and served immediately upon any payor of the

7 obligor by the obligee or public office, unless a written

8 agreement is reached between and signed by both parties

9 providing for an alternative arrangement, approved and

10 entered into the record by the court, which ensures

11 payment of support. In that case, the order for support

12 shall provide that an income withholding notice is to be

13 prepared and served only if the obligor becomes delinquent

14 in paying the order for support; and

15 (2) Contain a dollar amount to be paid until payment

16 in full of any delinquency that accrues after entry of the

17 order for support. The amount for payment of delinquency

18 shall not be less than 20% of the total of the current

19 support amount and the amount to be paid periodically for

20 payment of any arrearage stated in the order for support;

21 and

22 (3) Include the obligor's Social Security Number,

23 which the obligor shall disclose to the court. If the

24 obligor is not a United States citizen, the obligor shall

25 disclose to the court, and the court shall include in the

26 order for support, the obligor's~~alien~~ registration number

HB5004

- 145 -

LRB102 23330 RJF 32496 b

1 as a noncitizen, passport number, and home country's

2 social security or national health number, if applicable.

3 (b) At the time the order for support is entered, the Clerk

4 of the Circuit Court shall provide a copy of the order to the

5 obligor and shall make copies available to the obligee and

6 public office.

7 (c) The income withholding notice shall:

8 (1) be in the standard format prescribed by the

9 federal Department of Health and Human Services; and

10 (1.1) state the date of entry of the order for support

11 upon which the income withholding notice is based; and

12 (2) direct any payor to withhold the dollar amount

13 required for current support under the order for support;

14 and

15 (3) direct any payor to withhold the dollar amount

16 required to be paid periodically under the order for

17 support for payment of the amount of any arrearage stated

18 in the order for support; and

19 (4) direct any payor or labor union or trade union to

20 enroll a child as a beneficiary of a health insurance plan

21 and withhold or cause to be withheld, if applicable, any

22 required premiums; and

23 (5) state the amount of the payor income withholding

24 fee specified under this Section; and

25 (6) state that the amount actually withheld from the

26 obligor's income for support and other purposes, including

HB5004

- 146 -

LRB102 23330 RJF 32496 b

1 the payor withholding fee specified under this Section,

2 may not be in excess of the maximum amount permitted under

3 the federal Consumer Credit Protection Act; and

4 (7) in bold face type, the size of which equals the

5 largest type on the notice, state the duties of the payor

6 and the fines and penalties for failure to withhold and

7 pay over income and for discharging, disciplining,

8 refusing to hire, or otherwise penalizing the obligor

9 because of the duty to withhold and pay over income under

10 this Section; and

11 (8) state the rights, remedies, and duties of the

12 obligor under this Section; and

13 (9) include the Social Security number of the obligor;

14 and

15 (10) (blank); and

16 (11) contain the signature of the obligee or the

17 printed name and telephone number of the authorized

18 representative of the public office, except that the

19 failure to contain the signature of the obligee or the

20 printed name and telephone number of the authorized

21 representative of the public office shall not affect the

22 validity of the income withholding notice; and

23 (12) direct any payor to pay over amounts withheld for

24 payment of support to the State Disbursement Unit.

25 (d) The accrual of a delinquency as a condition for

26 service of an income withholding notice, under the exception

HB5004

- 147 -

LRB102 23330 RJF 32496 b

1 to immediate withholding in subsection (a) of this Section,

2 shall apply only to the initial service of an income

3 withholding notice on a payor of the obligor.

4 (e) Notwithstanding the exception to immediate withholding

5 contained in subsection (a) of this Section, if the court

6 finds at the time of any hearing that an arrearage has accrued,

7 the court shall order immediate service of an income

8 withholding notice upon the payor.

9 (f) If the order for support, under the exception to

10 immediate withholding contained in subsection (a) of this

11 Section, provides that an income withholding notice is to be

12 prepared and served only if the obligor becomes delinquent in

13 paying the order for support, the obligor may execute a

14 written waiver of that condition and request immediate service

15 on the payor.

16 (g) The obligee or public office may serve the income

17 withholding notice on the payor or its superintendent,

18 manager, or other agent by ordinary mail or certified mail

19 return receipt requested, by facsimile transmission or other

20 electronic means, by personal delivery, or by any method

21 provided by law for service of a summons. At the time of

22 service on the payor and as notice that withholding has

23 commenced, the obligee or public office shall serve a copy of

24 the income withholding notice on the obligor by ordinary mail

25 addressed to his or her last known address. A copy of an income

26 withholding notice and proof of service shall be filed with

HB5004

- 148 -

LRB102 23330 RJF 32496 b

1 the Clerk of the Circuit Court only when necessary in

2 connection with a petition to contest, modify, suspend,

3 terminate, or correct an income withholding notice, an action

4 to enforce income withholding against a payor, or the

5 resolution of other disputes involving an income withholding

6 notice. The changes made to this subsection by this amendatory

7 Act of the 96th General Assembly apply on and after September

8 1, 2009.

9 (h) At any time after the initial service of an income

10 withholding notice, any other payor of the obligor may be

11 served with the same income withholding notice without further

12 notice to the obligor. A copy of the income withholding notice

13 together with a proof of service on the other payor shall be

14 filed with the Clerk of the Circuit Court.

15 (i) New service of an income withholding notice is not

16 required in order to resume withholding of income in the case

17 of an obligor with respect to whom an income withholding

18 notice was previously served on the payor if withholding of

19 income was terminated because of an interruption in the

20 obligor's employment of less than 180 days.

21 (Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)

22 Section 120. The Property Owned By Aliens Act is amended

23 by changing the title of the Act and Sections 0.01, 7, and 8 as

24 follows:

HB5004

- 149 -

LRB102 23330 RJF 32496 b

1 (765 ILCS 60/Act title)

2 An Act concerning the right of noncitizens ~~aliens~~ to

3 acquire and hold real and personal property.

4 (765 ILCS 60/0.01) (from Ch. 6, par. 0.01)

5 Sec. 0.01. Short title. This Act may be cited as the

6 Property Owned By Noncitizens ~~Aliens~~ Act.

7 (Source: P.A. 86-1324.)

8 (765 ILCS 60/7) (from Ch. 6, par. 7)

9 Sec. 7. All noncitizens ~~aliens~~ may acquire, hold, and

10 dispose of real and personal property in the same manner and to

11 the same extent as natural born citizens of the United States,

12 and the personal estate of a noncitizen ~~an alien~~ dying

13 intestate shall be distributed in the same manner as the

14 estates of natural born citizens, and all persons interested

15 in such estate shall be entitled to proper distributive shares

16 thereof under the laws of this state, whether they are

17 noncitizens~~aliens~~ or not.

18 This amendatory Act of 1992 does not apply to the

19 Agricultural Foreign Investment Disclosure Act.

20 (Source: P.A. 87-1101.)

21 (765 ILCS 60/8) (from Ch. 6, par. 8)

22 Sec. 8. An act in regard to noncitizens ~~aliens~~ and to

23 restrict their right to acquire and hold real and personal

HB5004

- 150 -

LRB102 23330 RJF 32496 b

1 estate and to provide for the disposition of the lands now

2 owned by non-resident noncitizens ~~aliens~~, approved June 16,

3 1887, and in force July 1, 1887, and all other acts and parts

4 of acts in conflict with this act, are hereby repealed.

5 (Source: Laws 1897, p. 5.)

6 Section 125. The Property Taxes of Alien Landlords Act is

7 amended by changing the title of the Act and Sections 0.01 and

8 1 as follows:

9 (765 ILCS 725/Act title)

10 An Act to prevent noncitizen ~~alien~~landlords from

11 including the payment of taxes in the rent of farm lands as a

12 part of the rental thereof.

13 (765 ILCS 725/0.01) (from Ch. 6, par. 8.9)

14 Sec. 0.01. Short title. This Act may be cited as the

15 Property Taxes Of Noncitizen ~~Alien~~ Landlords Act.

16 (Source: P.A. 86-1324.)

17 (765 ILCS 725/1) (from Ch. 6, par. 9)

18 Sec. 1. No contract, agreement or lease in writing or by

19 parol, by which any lands or tenements therein are demised or

20 leased by any noncitizen ~~alien~~or his agents for the purpose of

21 farming, cultivation or the raising of crops thereon, shall

22 contain any provision requiring the tenant or other person for

HB5004

- 151 -

LRB102 23330 RJF 32496 b

1 him, to pay taxes on said lands or tenements, or any part

2 thereof, and all such provisions, agreements and leases so

3 made are declared void as to the taxes aforesaid. If any

4 noncitizen ~~alien~~landlord or his agents shall receive in

5 advance or at any other time any sum of money or article of

6 value from any tenant in lieu of such taxes, directly or

7 indirectly, the same may be recovered back by such tenant

8 before any court having jurisdiction of the amount thereof,

9 and all provisions or agreements in writing or otherwise to

10 pay such taxes shall be held in all courts of this state to be

11 void.

12 (Source: P.A. 81-1509.)

13 Section 130. The Illinois Human Rights Act is amended by

14 changing Section 2-101 as follows:

15 (775 ILCS 5/2-101)

16 Sec. 2-101. Definitions. The following definitions are

17 applicable strictly in the context of this Article.

18 (A) Employee.

19 (1) "Employee" includes:

20 (a) Any individual performing services for

21 remuneration within this State for an employer;

22 (b) An apprentice;

23 (c) An applicant for any apprenticeship.

24 For purposes of subsection (D) of Section 2-102 of

HB5004

- 152 -

LRB102 23330 RJF 32496 b

1 this Act, "employee" also includes an unpaid intern. An

2 unpaid intern is a person who performs work for an

3 employer under the following circumstances:

4 (i) the employer is not committed to hiring the

5 person performing the work at the conclusion of the

6 intern's tenure;

7 (ii) the employer and the person performing the

8 work agree that the person is not entitled to wages for

9 the work performed; and

10 (iii) the work performed:

11 (I) supplements training given in an

12 educational environment that may enhance the

13 employability of the intern;

14 (II) provides experience for the benefit of

15 the person performing the work;

16 (III) does not displace regular employees;

17 (IV) is performed under the close supervision

18 of existing staff; and

19 (V) provides no immediate advantage to the

20 employer providing the training and may

21 occasionally impede the operations of the

22 employer.

23 (2) "Employee" does not include:

24 (a) (Blank);

25 (b) Individuals employed by persons who are not

26 "employers" as defined by this Act;

HB5004

- 153 -

LRB102 23330 RJF 32496 b

1 (c) Elected public officials or the members of

2 their immediate personal staffs;

3 (d) Principal administrative officers of the State

4 or of any political subdivision, municipal corporation

5 or other governmental unit or agency;

6 (e) A person in a vocational rehabilitation

7 facility certified under federal law who has been

8 designated an evaluee, trainee, or work activity

9 client.

10 (B) Employer.

11 (1) "Employer" includes:

12 (a) Any person employing one or more employees

13 within Illinois during 20 or more calendar weeks

14 within the calendar year of or preceding the alleged

15 violation;

16 (b) Any person employing one or more employees

17 when a complainant alleges civil rights violation due

18 to unlawful discrimination based upon his or her

19 physical or mental disability unrelated to ability,

20 pregnancy, or sexual harassment;

21 (c) The State and any political subdivision,

22 municipal corporation or other governmental unit or

23 agency, without regard to the number of employees;

24 (d) Any party to a public contract without regard

25 to the number of employees;

26 (e) A joint apprenticeship or training committee

HB5004

- 154 -

LRB102 23330 RJF 32496 b

1 without regard to the number of employees.

2 (2) "Employer" does not include any place of worship,

3 religious corporation, association, educational

4 institution, society, or non-profit nursing institution

5 conducted by and for those who rely upon treatment by

6 prayer through spiritual means in accordance with the

7 tenets of a recognized church or religious denomination

8 with respect to the employment of individuals of a

9 particular religion to perform work connected with the

10 carrying on by such place of worship, corporation,

11 association, educational institution, society or

12 non-profit nursing institution of its activities.

13 (C) Employment Agency. "Employment Agency" includes both

14 public and private employment agencies and any person, labor

15 organization, or labor union having a hiring hall or hiring

16 office regularly undertaking, with or without compensation, to

17 procure opportunities to work, or to procure, recruit, refer

18 or place employees.

19 (D) Labor Organization. "Labor Organization" includes any

20 organization, labor union, craft union, or any voluntary

21 unincorporated association designed to further the cause of

22 the rights of union labor which is constituted for the

23 purpose, in whole or in part, of collective bargaining or of

24 dealing with employers concerning grievances, terms or

25 conditions of employment, or apprenticeships or applications

26 for apprenticeships, or of other mutual aid or protection in

HB5004

- 155 -

LRB102 23330 RJF 32496 b

1 connection with employment, including apprenticeships or

2 applications for apprenticeships.

3 (E) Sexual Harassment. "Sexual harassment" means any

4 unwelcome sexual advances or requests for sexual favors or any

5 conduct of a sexual nature when (1) submission to such conduct

6 is made either explicitly or implicitly a term or condition of

7 an individual's employment, (2) submission to or rejection of

8 such conduct by an individual is used as the basis for

9 employment decisions affecting such individual, or (3) such

10 conduct has the purpose or effect of substantially interfering

11 with an individual's work performance or creating an

12 intimidating, hostile or offensive working environment.

13 For purposes of this definition, the phrase "working

14 environment" is not limited to a physical location an employee

15 is assigned to perform his or her duties.

16 (E-1) Harassment. "Harassment" means any unwelcome conduct

17 on the basis of an individual's actual or perceived race,

18 color, religion, national origin, ancestry, age, sex, marital

19 status, order of protection status, disability, military

20 status, sexual orientation, pregnancy, unfavorable discharge

21 from military service, citizenship status, or work

22 authorization status that has the purpose or effect of

23 substantially interfering with the individual's work

24 performance or creating an intimidating, hostile, or offensive

25 working environment. For purposes of this definition, the

26 phrase "working environment" is not limited to a physical

HB5004

- 156 -

LRB102 23330 RJF 32496 b

1 location an employee is assigned to perform his or her duties.

2 (F) Religion. "Religion" with respect to employers

3 includes all aspects of religious observance and practice, as

4 well as belief, unless an employer demonstrates that he is

5 unable to reasonably accommodate an employee's or prospective

6 employee's religious observance or practice without undue

7 hardship on the conduct of the employer's business.

8 (G) Public Employer. "Public employer" means the State, an

9 agency or department thereof, unit of local government, school

10 district, instrumentality or political subdivision.

11 (H) Public Employee. "Public employee" means an employee

12 of the State, agency or department thereof, unit of local

13 government, school district, instrumentality or political

14 subdivision. "Public employee" does not include public

15 officers or employees of the General Assembly or agencies

16 thereof.

17 (I) Public Officer. "Public officer" means a person who is

18 elected to office pursuant to the Constitution or a statute or

19 ordinance, or who is appointed to an office which is

20 established, and the qualifications and duties of which are

21 prescribed, by the Constitution or a statute or ordinance, to

22 discharge a public duty for the State, agency or department

23 thereof, unit of local government, school district,

24 instrumentality or political subdivision.

25 (J) Eligible Bidder. "Eligible bidder" means a person who,

26 prior to contract award or prior to bid opening for State

HB5004

- 157 -

LRB102 23330 RJF 32496 b

1 contracts for construction or construction-related services,

2 has filed with the Department a properly completed, sworn and

3 currently valid employer report form, pursuant to the

4 Department's regulations. The provisions of this Article

5 relating to eligible bidders apply only to bids on contracts

6 with the State and its departments, agencies, boards, and

7 commissions, and the provisions do not apply to bids on

8 contracts with units of local government or school districts.

9 (K) Citizenship Status. "Citizenship status" means the

10 status of being:

11 (1) a born U.S. citizen;

12 (2) a naturalized U.S. citizen;

13 (3) a U.S. national; or

14 (4) a person born outside the United States and not a

15 U.S. citizen who is not an unauthorizednoncitizen ~~alien~~

16 and who is protected from discrimination under the

17 provisions of Section 1324b of Title 8 of the United

18 States Code, as now or hereafter amended.

19 (L) Work Authorization Status. "Work authorization status"

20 means the status of being a person born outside of the United

21 States, and not a U.S. citizen, who is authorized by the

22 federal government to work in the United States.

23 (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;

24 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)

25 Section 135. The Resident Alien Course Act is amended by

HB5004

- 158 -

LRB102 23330 RJF 32496 b

1 changing the title of the Act and Sections 0.01, 1, 2, and 3 as

2 follows:

3 (815 ILCS 400/Act title)

4 An Act concerning fees charged for courses offered to

5 persons seeking permanent residentnoncitizen ~~alien~~ status

6 under the Immigration Reform and Control Act of 1986.

7 (815 ILCS 400/0.01) (from Ch. 111, par. 8050)

8 Sec. 0.01. Short title. This Act may be cited as the

9 Resident Noncitizen ~~Alien~~ Course Act.

10 (Source: P.A. 86-1324.)

11 (815 ILCS 400/1) (from Ch. 111, par. 8051)

12 Sec. 1. No individual or agency, authorized by the U.S.

13 Immigration and Naturalization Service to offer a course

14 leading to a certificate of satisfactory pursuit for issuance

15 of permanent resident noncitizen ~~alien~~ status, may charge a

16 fee for such course in excess of $5 per hour per individual up

17 to the first 60 hours of instruction or $500 for up to 12

18 months of instruction from the date of registration. As used

19 in this Section, the term "fee" includes all costs associated

20 with the course, including the costs of instruction and

21 materials.

22 (Source: P.A. 86-831.)

HB5004

- 159 -

LRB102 23330 RJF 32496 b

1 (815 ILCS 400/2) (from Ch. 111, par. 8052)

2 Sec. 2. No individual or agency which offers any service

3 or course with the promise of preparing the recipient or

4 enrollee for the English and civics exam of the U.S.

5 Immigration and Naturalization Service for issuance of

6 permanent resident noncitizen ~~alien~~ status may charge a fee

7 for such service or course in excess of $5 per hour per

8 individual up to the first 60 hours of instruction or $500 for

9 up to 12 months of instruction from the date of registration.

10 As used in this Section, the term "fee" includes all costs

11 associated with the service or course, including the costs of

12 instruction and materials.

13 (Source: P.A. 86-831.)

14 (815 ILCS 400/3) (from Ch. 111, par. 8053)

15 Sec. 3. Any individual or agency offering a course or

16 service described in Section 2 shall include within any

17 literature or print or electronic advertisement for such

18 service or course a statement that such service or course is

19 designed to prepare the recipient or enrollee for the English

20 and civics exam of the U.S. Immigration and Naturalization

21 Service and that the individual or agency offering the service

22 or course does not issue the certificate of satisfactory

23 pursuit required by the U.S. Immigration and Naturalization

24 Service for issuance of permanent resident noncitizen ~~alien~~

25 status.

HB5004

- 160 -

LRB102 23330 RJF 32496 b

1 (Source: P.A. 86-831.)

2 Section 140. The Consumer Fraud and Deceptive Business

3 Practices Act is amended by changing Section 2AA as follows:

4 (815 ILCS 505/2AA)

5 Sec. 2AA. Immigration services.

6 (a) "Immigration matter" means any proceeding, filing, or

7 action affecting the nonimmigrant, immigrant or citizenship

8 status of any person that arises under immigration and

9 naturalization law, executive order or presidential

10 proclamation of the United States or any foreign country, or

11 that arises under action of the United States Citizenship and

12 Immigration Services, the United States Department of Labor,

13 or the United States Department of State.

14 "Immigration assistance service" means any information or

15 action provided or offered to customers or prospective

16 customers related to immigration matters, excluding legal

17 advice, recommending a specific course of legal action, or

18 providing any other assistance that requires legal analysis,

19 legal judgment, or interpretation of the law.

20 "Compensation" means money, property, services, promise of

21 payment, or anything else of value.

22 "Employed by" means that a person is on the payroll of the

23 employer and the employer deducts from the employee's paycheck

24 social security and withholding taxes, or receives

HB5004

- 161 -

LRB102 23330 RJF 32496 b

1 compensation from the employer on a commission basis or as an

2 independent contractor.

3 "Reasonable costs" means actual costs or, if actual costs

4 cannot be calculated, reasonably estimated costs of such

5 things as photocopying, telephone calls, document requests,

6 and filing fees for immigration forms, and other nominal costs

7 incidental to assistance in an immigration matter.

8 (a-1) The General Assembly finds and declares that private

9 individuals who assist persons with immigration matters have a

10 significant impact on the ability of their clients to reside

11 and work within the United States and to establish and

12 maintain stable families and business relationships. The

13 General Assembly further finds that that assistance and its

14 impact also have a significant effect on the cultural, social,

15 and economic life of the State of Illinois and thereby

16 substantially affect the public interest. It is the intent of

17 the General Assembly to establish rules of practice and

18 conduct for those individuals to promote honesty and fair

19 dealing with residents and to preserve public confidence.

20 (a-5) The following persons are exempt from this Section,

21 provided they prove the exemption by a preponderance of the

22 evidence:

23 (1) An attorney licensed to practice law in any state

24 or territory of the United States, or of any foreign

25 country when authorized by the Illinois Supreme Court, to

26 the extent the attorney renders immigration assistance

HB5004

- 162 -

LRB102 23330 RJF 32496 b

1 service in the course of his or her practice as an

2 attorney.

3 (2) A legal intern, as described by the rules of the

4 Illinois Supreme Court, employed by and under the direct

5 supervision of a licensed attorney and rendering

6 immigration assistance service in the course of the

7 intern's employment.

8 (3) A not-for-profit organization recognized by the

9 Board of Immigration Appeals under 8 CFR 292.2(a) and

10 employees of those organizations accredited under 8 CFR

11 292.2(d).

12 (4) Any organization employing or desiring to employ a

13 documented or undocumented immigrant or nonimmigrant

14 ~~alien~~, where the organization, its employees or its agents

15 provide advice or assistance in immigration matters to

16 documented or undocumented immigrant or nonimmigrant~~alien~~

17 employees or potential employees without compensation from

18 the individuals to whom such advice or assistance is

19 provided.

20 Nothing in this Section shall regulate any business to the

21 extent that such regulation is prohibited or preempted by

22 State or federal law.

23 All other persons providing or offering to provide

24 immigration assistance service shall be subject to this

25 Section.

26 (b) Any person who provides or offers to provide

HB5004

- 163 -

LRB102 23330 RJF 32496 b

1 immigration assistance service may perform only the following

2 services:

3 (1) Completing a government agency form, requested by

4 the customer and appropriate to the customer's needs, only

5 if the completion of that form does not involve a legal

6 judgment for that particular matter.

7 (2) Transcribing responses to a government agency form

8 which is related to an immigration matter, but not

9 advising a customer as to his or her answers on those

10 forms.

11 (3) Translating information on forms to a customer and

12 translating the customer's answers to questions posed on

13 those forms.

14 (4) Securing for the customer supporting documents

15 currently in existence, such as birth and marriage

16 certificates, which may be needed to be submitted with

17 government agency forms.

18 (5) Translating documents from a foreign language into

19 English.

20 (6) Notarizing signatures on government agency forms,

21 if the person performing the service is a notary public of

22 the State of Illinois.

23 (7) Making referrals, without fee, to attorneys who

24 could undertake legal representation for a person in an

25 immigration matter.

26 (8) Preparing or arranging for the preparation of

HB5004

- 164 -

LRB102 23330 RJF 32496 b

1 photographs and fingerprints.

2 (9) Arranging for the performance of medical testing

3 (including X-rays and AIDS tests) and the obtaining of

4 reports of such test results.

5 (10) Conducting English language and civics courses.

6 (11) Other services that the Attorney General

7 determines by rule may be appropriately performed by such

8 persons in light of the purposes of this Section.

9 Fees for a notary public, agency, or any other person who

10 is not an attorney or an accredited representative filling out

11 immigration forms shall be limited to the maximum fees set

12 forth in subsections (a) and (b) of Section 3-104 of the

13 Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee

14 schedule set forth in subsections (a) and (b) of Section 3-104

15 of the Illinois Notary Public Act shall apply to any person

16 that provides or offers to provide immigration assistance

17 service performing the services described therein. The

18 Attorney General may promulgate rules establishing maximum

19 fees that may be charged for any services not described in that

20 subsection. The maximum fees must be reasonable in light of

21 the costs of providing those services and the degree of

22 professional skill required to provide the services.

23 No person subject to this Act shall charge fees directly

24 or indirectly for referring an individual to an attorney or

25 for any immigration matter not authorized by this Article,

26 provided that a person may charge a fee for notarizing

HB5004

- 165 -

LRB102 23330 RJF 32496 b

1 documents as permitted by the Illinois Notary Public Act.

2 (c) Any person performing such services shall register

3 with the Illinois Attorney General and submit verification of

4 malpractice insurance or of a surety bond.

5 (d) Except as provided otherwise in this subsection,

6 before providing any assistance in an immigration matter a

7 person shall provide the customer with a written contract that

8 includes the following:

9 (1) An explanation of the services to be performed.

10 (2) Identification of all compensation and costs to be

11 charged to the customer for the services to be performed.

12 (3) A statement that documents submitted in support of

13 an application for nonimmigrant, immigrant, or

14 naturalization status may not be retained by the person

15 for any purpose, including payment of compensation or

16 costs.

17 This subsection does not apply to a not-for-profit

18 organization that provides advice or assistance in immigration

19 matters to clients without charge beyond a reasonable fee to

20 reimburse the organization's or clinic's reasonable costs

21 relating to providing immigration services to that client.

22 (e) Any person who provides or offers immigration

23 assistance service and is not exempted from this Section,

24 shall post signs at his or her place of business, setting forth

25 information in English and in every other language in which

26 the person provides or offers to provide immigration

HB5004

- 166 -

LRB102 23330 RJF 32496 b

1 assistance service. Each language shall be on a separate sign.

2 Signs shall be posted in a location where the signs will be

3 visible to customers. Each sign shall be at least 11 inches by

4 17 inches, and shall contain the following:

5 (1) The statement "I AM NOT AN ATTORNEY LICENSED TO

6 PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES

7 FOR LEGAL ADVICE.".

8 (2) The statement "I AM NOT ACCREDITED TO REPRESENT

9 YOU BEFORE THE UNITED STATES IMMIGRATION AND

10 NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF

11 APPEALS.".

12 (3) The fee schedule.

13 (4) The statement that "You may cancel any contract

14 within 3 working days and get your money back for services

15 not performed.".

16 (5) Additional information the Attorney General may

17 require by rule.

18 Every person engaged in immigration assistance service who

19 is not an attorney who advertises immigration assistance

20 service in a language other than English, whether by radio,

21 television, signs, pamphlets, newspapers, or other written

22 communication, with the exception of a single desk plaque,

23 shall include in the document, advertisement, stationery,

24 letterhead, business card, or other comparable written

25 material the following notice in English and the language in

26 which the written communication appears. This notice shall be

HB5004

- 167 -

LRB102 23330 RJF 32496 b

1 of a conspicuous size, if in writing, and shall state: "I AM

2 NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY

3 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If

4 such advertisement is by radio or television, the statement

5 may be modified but must include substantially the same

6 message.

7 Any person who provides or offers immigration assistance

8 service and is not exempted from this Section shall not, in any

9 document, advertisement, stationery, letterhead, business

10 card, or other comparable written material, literally

11 translate from English into another language terms or titles

12 including, but not limited to, notary public, notary,

13 licensed, attorney, lawyer, or any other term that implies the

14 person is an attorney. To illustrate, the words "notario" and

15 "poder notarial" are prohibited under this provision.

16 If not subject to penalties under subsection (a) of

17 Section 3-103 of the Illinois Notary Public Act (5 ILCS

18 312/3-103), violations of this subsection shall result in a

19 fine of $1,000. Violations shall not preempt or preclude

20 additional appropriate civil or criminal penalties.

21 (f) The written contract shall be in both English and in

22 the language of the customer.

23 (g) A copy of the contract shall be provided to the

24 customer upon the customer's execution of the contract.

25 (h) A customer has the right to rescind a contract within

26 72 hours after his or her signing of the contract.

HB5004

- 168 -

LRB102 23330 RJF 32496 b

1 (i) Any documents identified in paragraph (3) of

2 subsection (c) shall be returned upon demand of the customer.

3 (j) No person engaged in providing immigration services

4 who is not exempted under this Section shall do any of the

5 following:

6 (1) Make any statement that the person can or will

7 obtain special favors from or has special influence with

8 the United States Immigration and Naturalization Service

9 or any other government agency.

10 (2) Retain any compensation for service not performed.

11 (2.5) Accept payment in exchange for providing legal

12 advice or any other assistance that requires legal

13 analysis, legal judgment, or interpretation of the law.

14 (3) Refuse to return documents supplied by, prepared

15 on behalf of, or paid for by the customer upon the request

16 of the customer. These documents must be returned upon

17 request even if there is a fee dispute between the

18 immigration assistant and the customer.

19 (4) Represent or advertise, in connection with the

20 provision of assistance in immigration matters, other

21 titles of credentials, including but not limited to

22 "notary public" or "immigration consultant," that could

23 cause a customer to believe that the person possesses

24 special professional skills or is authorized to provide

25 advice on an immigration matter; provided that a notary

26 public appointed by the Illinois Secretary of State may

HB5004

- 169 -

LRB102 23330 RJF 32496 b

1 use the term "notary public" if the use is accompanied by

2 the statement that the person is not an attorney; the term

3 "notary public" may not be translated to another language;

4 for example "notario" is prohibited.

5 (5) Provide legal advice, recommend a specific course

6 of legal action, or provide any other assistance that

7 requires legal analysis, legal judgment, or interpretation

8 of the law.

9 (6) Make any misrepresentation of false statement,

10 directly or indirectly, to influence, persuade, or induce

11 patronage.

12 (k) (Blank).

13 (l) (Blank).

14 (m) Any person who violates any provision of this Section,

15 or the rules and regulations issued under this Section, shall

16 be guilty of a Class A misdemeanor for a first offense and a

17 Class 3 felony for a second or subsequent offense committed

18 within 5 years of a previous conviction for the same offense.

19 Upon his own information or upon the complaint of any

20 person, the Attorney General or any State's Attorney, or a

21 municipality with a population of more than 1,000,000, may

22 maintain an action for injunctive relief and also seek a civil

23 penalty not exceeding $50,000 in the circuit court against any

24 person who violates any provision of this Section. These

25 remedies are in addition to, and not in substitution for,

26 other available remedies.

HB5004

- 170 -

LRB102 23330 RJF 32496 b

1 If the Attorney General or any State's Attorney or a

2 municipality with a population of more than 1,000,000 fails to

3 bring an action as provided under this Section any person may

4 file a civil action to enforce the provisions of this Article

5 and maintain an action for injunctive relief, for compensatory

6 damages to recover prohibited fees, or for such additional

7 relief as may be appropriate to deter, prevent, or compensate

8 for the violation. In order to deter violations of this

9 Section, courts shall not require a showing of the traditional

10 elements for equitable relief. A prevailing plaintiff may be

11 awarded 3 times the prohibited fees or a minimum of $1,000 in

12 punitive damages, attorney's fees, and costs of bringing an

13 action under this Section. It is the express intention of the

14 General Assembly that remedies for violation of this Section

15 be cumulative.

16 (n) No unit of local government, including any home rule

17 unit, shall have the authority to regulate immigration

18 assistance services unless such regulations are at least as

19 stringent as those contained in Public Act 87-1211. It is

20 declared to be the law of this State, pursuant to paragraph (i)

21 of Section 6 of Article VII of the Illinois Constitution of

22 1970, that Public Act 87-1211 is a limitation on the authority

23 of a home rule unit to exercise powers concurrently with the

24 State. The limitations of this Section do not apply to a home

25 rule unit that has, prior to January 1, 1993 (the effective

26 date of Public Act 87-1211), adopted an ordinance regulating

HB5004

- 171 -

LRB102 23330 RJF 32496 b

1 immigration assistance services.

2 (o) This Section is severable under Section 1.31 of the

3 Statute on Statutes.

4 (p) The Attorney General shall issue rules not

5 inconsistent with this Section for the implementation,

6 administration, and enforcement of this Section. The rules may

7 provide for the following:

8 (1) The content, print size, and print style of the

9 signs required under subsection (e). Print sizes and

10 styles may vary from language to language.

11 (2) Standard forms for use in the administration of

12 this Section.

13 (3) Any additional requirements deemed necessary.

14 (Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)

15 Section 145. The Workers' Compensation Act is amended by

16 changing Sections 1 and 7 as follows:

17 (820 ILCS 305/1) (from Ch. 48, par. 138.1)

18 Sec. 1. This Act may be cited as the Workers' Compensation

19 Act.

20 (a) The term "employer" as used in this Act means:

21 1. The State and each county, city, town, township,

22 incorporated village, school district, body politic, or

23 municipal corporation therein.

24 2. Every person, firm, public or private corporation,

HB5004

- 172 -

LRB102 23330 RJF 32496 b

1 including hospitals, public service, eleemosynary, religious

2 or charitable corporations or associations who has any person

3 in service or under any contract for hire, express or implied,

4 oral or written, and who is engaged in any of the enterprises

5 or businesses enumerated in Section 3 of this Act, or who at or

6 prior to the time of the accident to the employee for which

7 compensation under this Act may be claimed, has in the manner

8 provided in this Act elected to become subject to the

9 provisions of this Act, and who has not, prior to such

10 accident, effected a withdrawal of such election in the manner

11 provided in this Act.

12 3. Any one engaging in any business or enterprise referred

13 to in subsections 1 and 2 of Section 3 of this Act who

14 undertakes to do any work enumerated therein, is liable to pay

15 compensation to his own immediate employees in accordance with

16 the provisions of this Act, and in addition thereto if he

17 directly or indirectly engages any contractor whether

18 principal or sub-contractor to do any such work, he is liable

19 to pay compensation to the employees of any such contractor or

20 sub-contractor unless such contractor or sub-contractor has

21 insured, in any company or association authorized under the

22 laws of this State to insure the liability to pay compensation

23 under this Act, or guaranteed his liability to pay such

24 compensation. With respect to any time limitation on the

25 filing of claims provided by this Act, the timely filing of a

26 claim against a contractor or subcontractor, as the case may

HB5004

- 173 -

LRB102 23330 RJF 32496 b

1 be, shall be deemed to be a timely filing with respect to all

2 persons upon whom liability is imposed by this paragraph.

3 In the event any such person pays compensation under this

4 subsection he may recover the amount thereof from the

5 contractor or sub-contractor, if any, and in the event the

6 contractor pays compensation under this subsection he may

7 recover the amount thereof from the sub-contractor, if any.

8 This subsection does not apply in any case where the

9 accident occurs elsewhere than on, in or about the immediate

10 premises on which the principal has contracted that the work

11 be done.

12 4. Where an employer operating under and subject to the

13 provisions of this Act loans an employee to another such

14 employer and such loaned employee sustains a compensable

15 accidental injury in the employment of such borrowing employer

16 and where such borrowing employer does not provide or pay the

17 benefits or payments due such injured employee, such loaning

18 employer is liable to provide or pay all benefits or payments

19 due such employee under this Act and as to such employee the

20 liability of such loaning and borrowing employers is joint and

21 several, provided that such loaning employer is in the absence

22 of agreement to the contrary entitled to receive from such

23 borrowing employer full reimbursement for all sums paid or

24 incurred pursuant to this paragraph together with reasonable

25 attorneys' fees and expenses in any hearings before the

26 Illinois Workers' Compensation Commission or in any action to

HB5004

- 174 -

LRB102 23330 RJF 32496 b

1 secure such reimbursement. Where any benefit is provided or

2 paid by such loaning employer the employee has the duty of

3 rendering reasonable cooperation in any hearings, trials or

4 proceedings in the case, including such proceedings for

5 reimbursement.

6 Where an employee files an Application for Adjustment of

7 Claim with the Illinois Workers' Compensation Commission

8 alleging that his claim is covered by the provisions of the

9 preceding paragraph, and joining both the alleged loaning and

10 borrowing employers, they and each of them, upon written

11 demand by the employee and within 7 days after receipt of such

12 demand, shall have the duty of filing with the Illinois

13 Workers' Compensation Commission a written admission or denial

14 of the allegation that the claim is covered by the provisions

15 of the preceding paragraph and in default of such filing or if

16 any such denial be ultimately determined not to have been bona

17 fide then the provisions of Paragraph K of Section 19 of this

18 Act shall apply.

19 An employer whose business or enterprise or a substantial

20 part thereof consists of hiring, procuring or furnishing

21 employees to or for other employers operating under and

22 subject to the provisions of this Act for the performance of

23 the work of such other employers and who pays such employees

24 their salary or wages notwithstanding that they are doing the

25 work of such other employers shall be deemed a loaning

26 employer within the meaning and provisions of this Section.

HB5004

- 175 -

LRB102 23330 RJF 32496 b

1 (b) The term "employee" as used in this Act means:

2 1. Every person in the service of the State, including

3 members of the General Assembly, members of the Commerce

4 Commission, members of the Illinois Workers' Compensation

5 Commission, and all persons in the service of the University

6 of Illinois, county, including deputy sheriffs and assistant

7 state's attorneys, city, town, township, incorporated village

8 or school district, body politic, or municipal corporation

9 therein, whether by election, under appointment or contract of

10 hire, express or implied, oral or written, including all

11 members of the Illinois National Guard while on active duty in

12 the service of the State, and all probation personnel of the

13 Juvenile Court appointed pursuant to Article VI of the

14 Juvenile Court Act of 1987, and including any official of the

15 State, any county, city, town, township, incorporated village,

16 school district, body politic or municipal corporation therein

17 except any duly appointed member of a police department in any

18 city whose population exceeds 500,000 according to the last

19 Federal or State census, and except any member of a fire

20 insurance patrol maintained by a board of underwriters in this

21 State. A duly appointed member of a fire department in any

22 city, the population of which exceeds 500,000 according to the

23 last federal or State census, is an employee under this Act

24 only with respect to claims brought under paragraph (c) of

25 Section 8.

26 One employed by a contractor who has contracted with the

HB5004

- 176 -

LRB102 23330 RJF 32496 b

1 State, or a county, city, town, township, incorporated

2 village, school district, body politic or municipal

3 corporation therein, through its representatives, is not

4 considered as an employee of the State, county, city, town,

5 township, incorporated village, school district, body politic

6 or municipal corporation which made the contract.

7 2. Every person in the service of another under any

8 contract of hire, express or implied, oral or written,

9 including persons whose employment is outside of the State of

10 Illinois where the contract of hire is made within the State of

11 Illinois, persons whose employment results in fatal or

12 non-fatal injuries within the State of Illinois where the

13 contract of hire is made outside of the State of Illinois, and

14 persons whose employment is principally localized within the

15 State of Illinois, regardless of the place of the accident or

16 the place where the contract of hire was made, and including

17 noncitizens ~~aliens~~, and minors who, for the purpose of this

18 Act are considered the same and have the same power to

19 contract, receive payments and give quittances therefor, as

20 adult employees.

21 3. Every sole proprietor and every partner of a business

22 may elect to be covered by this Act.

23 An employee or his dependents under this Act who shall

24 have a cause of action by reason of any injury, disablement or

25 death arising out of and in the course of his employment may

26 elect to pursue his remedy in the State where injured or

HB5004

- 177 -

LRB102 23330 RJF 32496 b

1 disabled, or in the State where the contract of hire is made,

2 or in the State where the employment is principally localized.

3 However, any employer may elect to provide and pay

4 compensation to any employee other than those engaged in the

5 usual course of the trade, business, profession or occupation

6 of the employer by complying with Sections 2 and 4 of this Act.

7 Employees are not included within the provisions of this Act

8 when excluded by the laws of the United States relating to

9 liability of employers to their employees for personal

10 injuries where such laws are held to be exclusive.

11 The term "employee" does not include persons performing

12 services as real estate broker, broker-salesman, or salesman

13 when such persons are paid by commission only.

14 (c) "Commission" means the Industrial Commission created

15 by Section 5 of "The Civil Administrative Code of Illinois",

16 approved March 7, 1917, as amended, or the Illinois Workers'

17 Compensation Commission created by Section 13 of this Act.

18 (d) To obtain compensation under this Act, an employee

19 bears the burden of showing, by a preponderance of the

20 evidence, that he or she has sustained accidental injuries

21 arising out of and in the course of the employment.

22 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;

23 97-813, eff. 7-13-12.)

24 (820 ILCS 305/7) (from Ch. 48, par. 138.7)

25 Sec. 7. The amount of compensation which shall be paid for

HB5004

- 178 -

LRB102 23330 RJF 32496 b

1 an accidental injury to the employee resulting in death is:

2 (a) If the employee leaves surviving a widow, widower,

3 child or children, the applicable weekly compensation rate

4 computed in accordance with subparagraph 2 of paragraph (b) of

5 Section 8, shall be payable during the life of the widow or

6 widower and if any surviving child or children shall not be

7 physically or mentally incapacitated then until the death of

8 the widow or widower or until the youngest child shall reach

9 the age of 18, whichever shall come later; provided that if

10 such child or children shall be enrolled as a full time student

11 in any accredited educational institution, the payments shall

12 continue until such child has attained the age of 25. In the

13 event any surviving child or children shall be physically or

14 mentally incapacitated, the payments shall continue for the

15 duration of such incapacity.

16 The term "child" means a child whom the deceased employee

17 left surviving, including a posthumous child, a child legally

18 adopted, a child whom the deceased employee was legally

19 obligated to support or a child to whom the deceased employee

20 stood in loco parentis. The term "children" means the plural

21 of "child".

22 The term "physically or mentally incapacitated child or

23 children" means a child or children incapable of engaging in

24 regular and substantial gainful employment.

25 In the event of the remarriage of a widow or widower, where

26 the decedent did not leave surviving any child or children

HB5004

- 179 -

LRB102 23330 RJF 32496 b

1 who, at the time of such remarriage, are entitled to

2 compensation benefits under this Act, the surviving spouse

3 shall be paid a lump sum equal to 2 years compensation benefits

4 and all further rights of such widow or widower shall be

5 extinguished.

6 If the employee leaves surviving any child or children

7 under 18 years of age who at the time of death shall be

8 entitled to compensation under this paragraph (a) of this

9 Section, the weekly compensation payments herein provided for

10 such child or children shall in any event continue for a period

11 of not less than 6 years.

12 Any beneficiary entitled to compensation under this

13 paragraph (a) of this Section shall receive from the special

14 fund provided in paragraph (f) of this Section, in addition to

15 the compensation herein provided, supplemental benefits in

16 accordance with paragraph (g) of Section 8.

17 (b) If no compensation is payable under paragraph (a) of

18 this Section and the employee leaves surviving a parent or

19 parents who at the time of the accident were totally dependent

20 upon the earnings of the employee then weekly payments equal

21 to the compensation rate payable in the case where the

22 employee leaves surviving a widow or widower, shall be paid to

23 such parent or parents for the duration of their lives, and in

24 the event of the death of either, for the life of the survivor.

25 (c) If no compensation is payable under paragraphs (a) or

26 (b) of this Section and the employee leaves surviving any

HB5004

- 180 -

LRB102 23330 RJF 32496 b

1 child or children who are not entitled to compensation under

2 the foregoing paragraph (a) but who at the time of the accident

3 were nevertheless in any manner dependent upon the earnings of

4 the employee, or leaves surviving a parent or parents who at

5 the time of the accident were partially dependent upon the

6 earnings of the employee, then there shall be paid to such

7 dependent or dependents for a period of 8 years weekly

8 compensation payments at such proportion of the applicable

9 rate if the employee had left surviving a widow or widower as

10 such dependency bears to total dependency. In the event of the

11 death of any such beneficiary the share of such beneficiary

12 shall be divided equally among the surviving beneficiaries and

13 in the event of the death of the last such beneficiary all the

14 rights under this paragraph shall be extinguished.

15 (d) If no compensation is payable under paragraphs (a),

16 (b) or (c) of this Section and the employee leaves surviving

17 any grandparent, grandparents, grandchild or grandchildren or

18 collateral heirs dependent upon the employee's earnings to the

19 extent of 50% or more of total dependency, then there shall be

20 paid to such dependent or dependents for a period of 5 years

21 weekly compensation payments at such proportion of the

22 applicable rate if the employee had left surviving a widow or

23 widower as such dependency bears to total dependency. In the

24 event of the death of any such beneficiary the share of such

25 beneficiary shall be divided equally among the surviving

26 beneficiaries and in the event of the death of the last such

HB5004

- 181 -

LRB102 23330 RJF 32496 b

1 beneficiary all rights hereunder shall be extinguished.

2 (e) The compensation to be paid for accidental injury

3 which results in death, as provided in this Section, shall be

4 paid to the persons who form the basis for determining the

5 amount of compensation to be paid by the employer, the

6 respective shares to be in the proportion of their respective

7 dependency at the time of the accident on the earnings of the

8 deceased. The Commission or an Arbitrator thereof may, in its

9 or his discretion, order or award the payment to the parent or

10 grandparent of a child for the latter's support the amount of

11 compensation which but for such order or award would have been

12 paid to such child as its share of the compensation payable,

13 which order or award may be modified from time to time by the

14 Commission in its discretion with respect to the person to

15 whom shall be paid the amount of the order or award remaining

16 unpaid at the time of the modification.

17 The payments of compensation by the employer in accordance

18 with the order or award of the Commission discharges such

19 employer from all further obligation as to such compensation.

20 (f) The sum of $8,000 for burial expenses shall be paid by

21 the employer to the widow or widower, other dependent, next of

22 kin or to the person or persons incurring the expense of

23 burial.

24 In the event the employer failed to provide necessary

25 first aid, medical, surgical or hospital service, he shall pay

26 the cost thereof to the person or persons entitled to

HB5004

- 182 -

LRB102 23330 RJF 32496 b

1 compensation under paragraphs (a), (b), (c) or (d) of this

2 Section, or to the person or persons incurring the obligation

3 therefore, or providing the same.

4 On January 15 and July 15, 1981, and on January 15 and July

5 15 of each year thereafter the employer shall within 60 days

6 pay a sum equal to 1/8 of 1% of all compensation payments made

7 by him after July 1, 1980, either under this Act or the

8 Workers' Occupational Diseases Act, whether by lump sum

9 settlement or weekly compensation payments, but not including

10 hospital, surgical or rehabilitation payments, made during the

11 first 6 months and during the second 6 months respectively of

12 the fiscal year next preceding the date of the payments, into a

13 special fund which shall be designated the "Second Injury

14 Fund", of which the State Treasurer is ex-officio custodian,

15 such special fund to be held and disbursed for the purposes

16 hereinafter stated in paragraphs (f) and (g) of Section 8,

17 either upon the order of the Commission or of a competent

18 court. Said special fund shall be deposited the same as are

19 State funds and any interest accruing thereon shall be added

20 thereto every 6 months. It is subject to audit the same as

21 State funds and accounts and is protected by the General bond

22 given by the State Treasurer. It is considered always

23 appropriated for the purposes of disbursements as provided in

24 Section 8, paragraph (f), of this Act, and shall be paid out

25 and disbursed as therein provided and shall not at any time be

26 appropriated or diverted to any other use or purpose.

HB5004

- 183 -

LRB102 23330 RJF 32496 b

1 On January 15, 1991, the employer shall further pay a sum

2 equal to one half of 1% of all compensation payments made by

3 him from January 1, 1990 through June 30, 1990 either under

4 this Act or under the Workers' Occupational Diseases Act,

5 whether by lump sum settlement or weekly compensation

6 payments, but not including hospital, surgical or

7 rehabilitation payments, into an additional Special Fund which

8 shall be designated as the "Rate Adjustment Fund". On March

9 15, 1991, the employer shall pay into the Rate Adjustment Fund

10 a sum equal to one half of 1% of all such compensation payments

11 made from July 1, 1990 through December 31, 1990. Within 60

12 days after July 15, 1991, the employer shall pay into the Rate

13 Adjustment Fund a sum equal to one half of 1% of all such

14 compensation payments made from January 1, 1991 through June

15 30, 1991. Within 60 days after January 15 of 1992 and each

16 subsequent year through 1996, the employer shall pay into the

17 Rate Adjustment Fund a sum equal to one half of 1% of all such

18 compensation payments made in the last 6 months of the

19 preceding calendar year. Within 60 days after July 15 of 1992

20 and each subsequent year through 1995, the employer shall pay

21 into the Rate Adjustment Fund a sum equal to one half of 1% of

22 all such compensation payments made in the first 6 months of

23 the same calendar year. Within 60 days after January 15 of 1997

24 and each subsequent year through 2005, the employer shall pay

25 into the Rate Adjustment Fund a sum equal to three-fourths of

26 1% of all such compensation payments made in the last 6 months

HB5004

- 184 -

LRB102 23330 RJF 32496 b

1 of the preceding calendar year. Within 60 days after July 15 of

2 1996 and each subsequent year through 2004, the employer shall

3 pay into the Rate Adjustment Fund a sum equal to three-fourths

4 of 1% of all such compensation payments made in the first 6

5 months of the same calendar year. Within 60 days after July 15

6 of 2005, the employer shall pay into the Rate Adjustment Fund a

7 sum equal to 1% of such compensation payments made in the first

8 6 months of the same calendar year. Within 60 days after

9 January 15 of 2006 and each subsequent year, the employer

10 shall pay into the Rate Adjustment Fund a sum equal to 1.25% of

11 such compensation payments made in the last 6 months of the

12 preceding calendar year. Within 60 days after July 15 of 2006

13 and each subsequent year, the employer shall pay into the Rate

14 Adjustment Fund a sum equal to 1.25% of such compensation

15 payments made in the first 6 months of the same calendar year.

16 The administrative costs of collecting assessments from

17 employers for the Rate Adjustment Fund shall be paid from the

18 Rate Adjustment Fund. The cost of an actuarial audit of the

19 Fund shall be paid from the Rate Adjustment Fund. The State

20 Treasurer is ex officio custodian of such Special Fund and the

21 same shall be held and disbursed for the purposes hereinafter

22 stated in paragraphs (f) and (g) of Section 8 upon the order of

23 the Commission or of a competent court. The Rate Adjustment

24 Fund shall be deposited the same as are State funds and any

25 interest accruing thereon shall be added thereto every 6

26 months. It shall be subject to audit the same as State funds

HB5004

- 185 -

LRB102 23330 RJF 32496 b

1 and accounts and shall be protected by the general bond given

2 by the State Treasurer. It is considered always appropriated

3 for the purposes of disbursements as provided in paragraphs

4 (f) and (g) of Section 8 of this Act and shall be paid out and

5 disbursed as therein provided and shall not at any time be

6 appropriated or diverted to any other use or purpose. Within 5

7 days after the effective date of this amendatory Act of 1990,

8 the Comptroller and the State Treasurer shall transfer

9 $1,000,000 from the General Revenue Fund to the Rate

10 Adjustment Fund. By February 15, 1991, the Comptroller and the

11 State Treasurer shall transfer $1,000,000 from the Rate

12 Adjustment Fund to the General Revenue Fund. The Comptroller

13 and Treasurer are authorized to make transfers at the request

14 of the Chairman up to a total of $19,000,000 from the Second

15 Injury Fund, the General Revenue Fund, and the Workers'

16 Compensation Benefit Trust Fund to the Rate Adjustment Fund to

17 the extent that there is insufficient money in the Rate

18 Adjustment Fund to pay claims and obligations. Amounts may be

19 transferred from the General Revenue Fund only if the funds in

20 the Second Injury Fund or the Workers' Compensation Benefit

21 Trust Fund are insufficient to pay claims and obligations of

22 the Rate Adjustment Fund. All amounts transferred from the

23 Second Injury Fund, the General Revenue Fund, and the Workers'

24 Compensation Benefit Trust Fund shall be repaid from the Rate

25 Adjustment Fund within 270 days of a transfer, together with

26 interest at the rate earned by moneys on deposit in the Fund or

HB5004

- 186 -

LRB102 23330 RJF 32496 b

1 Funds from which the moneys were transferred.

2 Upon a finding by the Commission, after reasonable notice

3 and hearing, that any employer has willfully and knowingly

4 failed to pay the proper amounts into the Second Injury Fund or

5 the Rate Adjustment Fund required by this Section or if such

6 payments are not made within the time periods prescribed by

7 this Section, the employer shall, in addition to such

8 payments, pay a penalty of 20% of the amount required to be

9 paid or $2,500, whichever is greater, for each year or part

10 thereof of such failure to pay. This penalty shall only apply

11 to obligations of an employer to the Second Injury Fund or the

12 Rate Adjustment Fund accruing after the effective date of this

13 amendatory Act of 1989. All or part of such a penalty may be

14 waived by the Commission for good cause shown.

15 Any obligations of an employer to the Second Injury Fund

16 and Rate Adjustment Fund accruing prior to the effective date

17 of this amendatory Act of 1989 shall be paid in full by such

18 employer within 5 years of the effective date of this

19 amendatory Act of 1989, with at least one-fifth of such

20 obligation to be paid during each year following the effective

21 date of this amendatory Act of 1989. If the Commission finds,

22 following reasonable notice and hearing, that an employer has

23 failed to make timely payment of any obligation accruing under

24 the preceding sentence, the employer shall, in addition to all

25 other payments required by this Section, be liable for a

26 penalty equal to 20% of the overdue obligation or $2,500,

HB5004

- 187 -

LRB102 23330 RJF 32496 b

1 whichever is greater, for each year or part thereof that

2 obligation is overdue. All or part of such a penalty may be

3 waived by the Commission for good cause shown.

4 The Chairman of the Illinois Workers' Compensation

5 Commission shall, annually, furnish to the Director of the

6 Department of Insurance a list of the amounts paid into the

7 Second Injury Fund and the Rate Adjustment Fund by each

8 insurance company on behalf of their insured employers. The

9 Director shall verify to the Chairman that the amounts paid by

10 each insurance company are accurate as best as the Director

11 can determine from the records available to the Director. The

12 Chairman shall verify that the amounts paid by each

13 self-insurer are accurate as best as the Chairman can

14 determine from records available to the Chairman. The Chairman

15 may require each self-insurer to provide information

16 concerning the total compensation payments made upon which

17 contributions to the Second Injury Fund and the Rate

18 Adjustment Fund are predicated and any additional information

19 establishing that such payments have been made into these

20 funds. Any deficiencies in payments noted by the Director or

21 Chairman shall be subject to the penalty provisions of this

22 Act.

23 The State Treasurer, or his duly authorized

24 representative, shall be named as a party to all proceedings

25 in all cases involving claim for the loss of, or the permanent

26 and complete loss of the use of one eye, one foot, one leg, one

HB5004

- 188 -

LRB102 23330 RJF 32496 b

1 arm or one hand.

2 The State Treasurer or his duly authorized agent shall

3 have the same rights as any other party to the proceeding,

4 including the right to petition for review of any award. The

5 reasonable expenses of litigation, such as medical

6 examinations, testimony, and transcript of evidence, incurred

7 by the State Treasurer or his duly authorized representative,

8 shall be borne by the Second Injury Fund.

9 If the award is not paid within 30 days after the date the

10 award has become final, the Commission shall proceed to take

11 judgment thereon in its own name as is provided for other

12 awards by paragraph (g) of Section 19 of this Act and take the

13 necessary steps to collect the award.

14 Any person, corporation or organization who has paid or

15 become liable for the payment of burial expenses of the

16 deceased employee may in his or its own name institute

17 proceedings before the Commission for the collection thereof.

18 For the purpose of administration, receipts and

19 disbursements, the Special Fund provided for in paragraph (f)

20 of this Section shall be administered jointly with the Special

21 Fund provided for in Section 7, paragraph (f) of the Workers'

22 Occupational Diseases Act.

23 (g) All compensation, except for burial expenses provided

24 in this Section to be paid in case accident results in death,

25 shall be paid in installments equal to the percentage of the

26 average earnings as provided for in Section 8, paragraph (b)

HB5004

- 189 -

LRB102 23330 RJF 32496 b

1 of this Act, at the same intervals at which the wages or

2 earnings of the employees were paid. If this is not feasible,

3 then the installments shall be paid weekly. Such compensation

4 may be paid in a lump sum upon petition as provided in Section

5 9 of this Act. However, in addition to the benefits provided by

6 Section 9 of this Act where compensation for death is payable

7 to the deceased's widow, widower or to the deceased's widow,

8 widower and one or more children, and where a partial lump sum

9 is applied for by such beneficiary or beneficiaries within 18

10 months after the deceased's death, the Commission may, in its

11 discretion, grant a partial lump sum of not to exceed 100 weeks

12 of the compensation capitalized at their present value upon

13 the basis of interest calculated at 3% per annum with annual

14 rests, upon a showing that such partial lump sum is for the

15 best interest of such beneficiary or beneficiaries.

16 (h) In case the injured employee is under 16 years of age

17 at the time of the accident and is illegally employed, the

18 amount of compensation payable under paragraphs (a), (b), (c),

19 (d) and (f) of this Section shall be increased 50%.

20 Nothing herein contained repeals or amends the provisions

21 of the Child Labor Law relating to the employment of minors

22 under the age of 16 years.

23 However, where an employer has on file an employment

24 certificate issued pursuant to the Child Labor Law or work

25 permit issued pursuant to the Federal Fair Labor Standards

26 Act, as amended, or a birth certificate properly and duly

HB5004

- 190 -

LRB102 23330 RJF 32496 b

1 issued, such certificate, permit or birth certificate is

2 conclusive evidence as to the age of the injured minor

3 employee for the purposes of this Section only.

4 (i) Whenever the dependents of a deceased employee are

5 noncitizens ~~aliens~~not residing in the United States, Mexico

6 or Canada, the amount of compensation payable is limited to

7 the beneficiaries described in paragraphs (a), (b) and (c) of

8 this Section and is 50% of the compensation provided in

9 paragraphs (a), (b) and (c) of this Section, except as

10 otherwise provided by treaty.

11 In a case where any of the persons who would be entitled to

12 compensation is living at any place outside of the United

13 States, then payment shall be made to the personal

14 representative of the deceased employee. The distribution by

15 such personal representative to the persons entitled shall be

16 made to such persons and in such manner as the Commission

17 orders.

18 (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;

19 94-695, eff. 11-16-05.)

20 Section 150. The Workers' Occupational Diseases Act is

21 amended by changing Section 1 as follows:

22 (820 ILCS 310/1) (from Ch. 48, par. 172.36)

23 Sec. 1. This Act shall be known and may be cited as the

24 "Workers' Occupational Diseases Act".

HB5004

- 191 -

LRB102 23330 RJF 32496 b

1 (a) The term "employer" as used in this Act shall be

2 construed to be:

3 1. The State and each county, city, town, township,

4 incorporated village, school district, body politic, or

5 municipal corporation therein.

6 2. Every person, firm, public or private corporation,

7 including hospitals, public service, eleemosynary,

8 religious or charitable corporations or associations, who

9 has any person in service or under any contract for hire,

10 express or implied, oral or written.

11 3. Where an employer operating under and subject to

12 the provisions of this Act loans an employee to another

13 such employer and such loaned employee sustains a

14 compensable occupational disease in the employment of such

15 borrowing employer and where such borrowing employer does

16 not provide or pay the benefits or payments due such

17 employee, such loaning employer shall be liable to provide

18 or pay all benefits or payments due such employee under

19 this Act and as to such employee the liability of such

20 loaning and borrowing employers shall be joint and

21 several, provided that such loaning employer shall in the

22 absence of agreement to the contrary be entitled to

23 receive from such borrowing employer full reimbursement

24 for all sums paid or incurred pursuant to this paragraph

25 together with reasonable attorneys' fees and expenses in

26 any hearings before the Illinois Workers' Compensation

HB5004

- 192 -

LRB102 23330 RJF 32496 b

1 Commission or in any action to secure such reimbursement.

2 Where any benefit is provided or paid by such loaning

3 employer, the employee shall have the duty of rendering

4 reasonable co-operation in any hearings, trials or

5 proceedings in the case, including such proceedings for

6 reimbursement.

7 Where an employee files an Application for Adjustment

8 of Claim with the Illinois Workers' Compensation

9 Commission alleging that his or her claim is covered by

10 the provisions of the preceding paragraph, and joining

11 both the alleged loaning and borrowing employers, they and

12 each of them, upon written demand by the employee and

13 within 7 days after receipt of such demand, shall have the

14 duty of filing with the Illinois Workers' Compensation

15 Commission a written admission or denial of the allegation

16 that the claim is covered by the provisions of the

17 preceding paragraph and in default of such filing or if

18 any such denial be ultimately determined not to have been

19 bona fide then the provisions of Paragraph K of Section 19

20 of this Act shall apply.

21 An employer whose business or enterprise or a

22 substantial part thereof consists of hiring, procuring or

23 furnishing employees to or for other employers operating

24 under and subject to the provisions of this Act for the

25 performance of the work of such other employers and who

26 pays such employees their salary or wage notwithstanding

HB5004

- 193 -

LRB102 23330 RJF 32496 b

1 that they are doing the work of such other employers shall

2 be deemed a loaning employer within the meaning and

3 provisions of this Section.

4 (b) The term "employee" as used in this Act, shall be

5 construed to mean:

6 1. Every person in the service of the State, county,

7 city, town, township, incorporated village or school

8 district, body politic or municipal corporation therein,

9 whether by election, appointment or contract of hire,

10 express or implied, oral or written, including any

11 official of the State, or of any county, city, town,

12 township, incorporated village, school district, body

13 politic or municipal corporation therein and except any

14 duly appointed member of the fire department in any city

15 whose population exceeds 500,000 according to the last

16 Federal or State census, and except any member of a fire

17 insurance patrol maintained by a board of underwriters in

18 this State. One employed by a contractor who has

19 contracted with the State, or a county, city, town,

20 township, incorporated village, school district, body

21 politic or municipal corporation therein, through its

22 representatives, shall not be considered as an employee of

23 the State, county, city, town, township, incorporated

24 village, school district, body politic or municipal

25 corporation which made the contract.

26 2. Every person in the service of another under any

HB5004

- 194 -

LRB102 23330 RJF 32496 b

1 contract of hire, express or implied, oral or written, who

2 contracts an occupational disease while working in the

3 State of Illinois, or who contracts an occupational

4 disease while working outside of the State of Illinois but

5 where the contract of hire is made within the State of

6 Illinois, and any person whose employment is principally

7 localized within the State of Illinois, regardless of the

8 place where the disease was contracted or place where the

9 contract of hire was made, including noncitizens ~~aliens~~,

10 and minors who, for the purpose of this Act, except

11 Section 3 hereof, shall be considered the same and have

12 the same power to contract, receive payments and give

13 quittances therefor, as adult employees. An employee or

14 his or her dependents under this Act who shall have a cause

15 of action by reason of an occupational disease,

16 disablement or death arising out of and in the course of

17 his or her employment may elect or pursue his or her remedy

18 in the State where the disease was contracted, or in the

19 State where the contract of hire is made, or in the State

20 where the employment is principally localized.

21 (c) "Commission" means the Illinois Workers' Compensation

22 Commission created by the Workers' Compensation Act, approved

23 July 9, 1951, as amended.

24 (d) In this Act the term "Occupational Disease" means a

25 disease arising out of and in the course of the employment or

26 which has become aggravated and rendered disabling as a result

HB5004

- 195 -

LRB102 23330 RJF 32496 b

1 of the exposure of the employment. Such aggravation shall

2 arise out of a risk peculiar to or increased by the employment

3 and not common to the general public.

4 A disease shall be deemed to arise out of the employment if

5 there is apparent to the rational mind, upon consideration of

6 all the circumstances, a causal connection between the

7 conditions under which the work is performed and the

8 occupational disease. The disease need not to have been

9 foreseen or expected but after its contraction it must appear

10 to have had its origin or aggravation in a risk connected with

11 the employment and to have flowed from that source as a

12 rational consequence.

13 An employee shall be conclusively deemed to have been

14 exposed to the hazards of an occupational disease when, for

15 any length of time however short, he or she is employed in an

16 occupation or process in which the hazard of the disease

17 exists; provided however, that in a claim of exposure to

18 atomic radiation, the fact of such exposure must be verified

19 by the records of the central registry of radiation exposure

20 maintained by the Department of Public Health or by some other

21 recognized governmental agency maintaining records of such

22 exposures whenever and to the extent that the records are on

23 file with the Department of Public Health or the agency.

24 Any injury to or disease or death of an employee arising

25 from the administration of a vaccine, including without

26 limitation smallpox vaccine, to prepare for, or as a response

HB5004

- 196 -

LRB102 23330 RJF 32496 b

1 to, a threatened or potential bioterrorist incident to the

2 employee as part of a voluntary inoculation program in

3 connection with the person's employment or in connection with

4 any governmental program or recommendation for the inoculation

5 of workers in the employee's occupation, geographical area, or

6 other category that includes the employee is deemed to arise

7 out of and in the course of the employment for all purposes

8 under this Act. This paragraph added by Public Act 93-829 is

9 declarative of existing law and is not a new enactment.

10 The employer liable for the compensation in this Act

11 provided shall be the employer in whose employment the

12 employee was last exposed to the hazard of the occupational

13 disease claimed upon regardless of the length of time of such

14 last exposure, except, in cases of silicosis or asbestosis,

15 the only employer liable shall be the last employer in whose

16 employment the employee was last exposed during a period of 60

17 days or more after the effective date of this Act, to the

18 hazard of such occupational disease, and, in such cases, an

19 exposure during a period of less than 60 days, after the

20 effective date of this Act, shall not be deemed a last

21 exposure. If a miner who is suffering or suffered from

22 pneumoconiosis was employed for 10 years or more in one or more

23 coal mines there shall, effective July 1, 1973 be a rebuttable

24 presumption that his or her pneumoconiosis arose out of such

25 employment.

26 If a deceased miner was employed for 10 years or more in

HB5004

- 197 -

LRB102 23330 RJF 32496 b

1 one or more coal mines and died from a respirable disease there

2 shall, effective July 1, 1973, be a rebuttable presumption

3 that his or her death was due to pneumoconiosis.

4 Any condition or impairment of health of an employee

5 employed as a firefighter, emergency medical technician (EMT),

6 emergency medical technician-intermediate (EMT-I), advanced

7 emergency medical technician (A-EMT), or paramedic which

8 results directly or indirectly from any bloodborne pathogen,

9 lung or respiratory disease or condition, heart or vascular

10 disease or condition, hypertension, tuberculosis, or cancer

11 resulting in any disability (temporary, permanent, total, or

12 partial) to the employee shall be rebuttably presumed to arise

13 out of and in the course of the employee's firefighting, EMT,

14 EMT-I, A-EMT, or paramedic employment and, further, shall be

15 rebuttably presumed to be causally connected to the hazards or

16 exposures of the employment. This presumption shall also apply

17 to any hernia or hearing loss suffered by an employee employed

18 as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,

19 this presumption shall not apply to any employee who has been

20 employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for

21 less than 5 years at the time he or she files an Application

22 for Adjustment of Claim concerning this condition or

23 impairment with the Illinois Workers' Compensation Commission.

24 The rebuttable presumption established under this subsection,

25 however, does not apply to an emergency medical technician

26 (EMT), emergency medical technician-intermediate (EMT-I),

HB5004

- 198 -

LRB102 23330 RJF 32496 b

1 advanced emergency medical technician (A-EMT), or paramedic

2 employed by a private employer if the employee spends the

3 preponderance of his or her work time for that employer

4 engaged in medical transfers between medical care facilities

5 or non-emergency medical transfers to or from medical care

6 facilities. The changes made to this subsection by this

7 amendatory Act of the 98th General Assembly shall be narrowly

8 construed. The Finding and Decision of the Illinois Workers'

9 Compensation Commission under only the rebuttable presumption

10 provision of this paragraph shall not be admissible or be

11 deemed res judicata in any disability claim under the Illinois

12 Pension Code arising out of the same medical condition;

13 however, this sentence makes no change to the law set forth in

14 Krohe v. City of Bloomington, 204 Ill.2d 392.

15 The insurance carrier liable shall be the carrier whose

16 policy was in effect covering the employer liable on the last

17 day of the exposure rendering such employer liable in

18 accordance with the provisions of this Act.

19 (e) "Disablement" means an impairment or partial

20 impairment, temporary or permanent, in the function of the

21 body or any of the members of the body, or the event of

22 becoming disabled from earning full wages at the work in which

23 the employee was engaged when last exposed to the hazards of

24 the occupational disease by the employer from whom he or she

25 claims compensation, or equal wages in other suitable

26 employment; and "disability" means the state of being so

HB5004

- 199 -

LRB102 23330 RJF 32496 b

1 incapacitated.

2 (f) No compensation shall be payable for or on account of

3 any occupational disease unless disablement, as herein

4 defined, occurs within two years after the last day of the last

5 exposure to the hazards of the disease, except in cases of

6 occupational disease caused by berylliosis or by the

7 inhalation of silica dust or asbestos dust and, in such cases,

8 within 3 years after the last day of the last exposure to the

9 hazards of such disease and except in the case of occupational

10 disease caused by exposure to radiological materials or

11 equipment, and in such case, within 25 years after the last day

12 of last exposure to the hazards of such disease.

13 (g)(1) In any proceeding before the Commission in which

14 the employee is a COVID-19 first responder or front-line

15 worker as defined in this subsection, if the employee's injury

16 or occupational disease resulted from exposure to and

17 contraction of COVID-19, the exposure and contraction shall be

18 rebuttably presumed to have arisen out of and in the course of

19 the employee's first responder or front-line worker employment

20 and the injury or occupational disease shall be rebuttably

21 presumed to be causally connected to the hazards or exposures

22 of the employee's first responder or front-line worker

23 employment.

24 (2) The term "COVID-19 first responder or front-line

25 worker" means: all individuals employed as police, fire

26 personnel, emergency medical technicians, or paramedics; all

HB5004

- 200 -

LRB102 23330 RJF 32496 b

1 individuals employed and considered as first responders; all

2 workers for health care providers, including nursing homes and

3 rehabilitation facilities and home care workers; corrections

4 officers; and any individuals employed by essential businesses

5 and operations as defined in Executive Order 2020-10 dated

6 March 20, 2020, as long as individuals employed by essential

7 businesses and operations are required by their employment to

8 encounter members of the general public or to work in

9 employment locations of more than 15 employees. For purposes

10 of this subsection only, an employee's home or place of

11 residence is not a place of employment, except for home care

12 workers.

13 (3) The presumption created in this subsection may be

14 rebutted by evidence, including, but not limited to, the

15 following:

16 (A) the employee was working from his or her home, on

17 leave from his or her employment, or some combination

18 thereof, for a period of 14 or more consecutive days

19 immediately prior to the employee's injury, occupational

20 disease, or period of incapacity resulted from exposure to

21 COVID-19; or

22 (B) the employer was engaging in and applying to the

23 fullest extent possible or enforcing to the best of its

24 ability industry-specific workplace sanitation, social

25 distancing, and health and safety practices based on

26 updated guidance issued by the Centers for Disease Control

HB5004

- 201 -

LRB102 23330 RJF 32496 b

1 and Prevention or Illinois Department of Public Health or

2 was using a combination of administrative controls,

3 engineering controls, or personal protective equipment to

4 reduce the transmission of COVID-19 to all employees for

5 at least 14 consecutive days prior to the employee's

6 injury, occupational disease, or period of incapacity

7 resulting from exposure to COVID-19. For purposes of this

8 subsection, "updated" means the guidance in effect at

9 least 14 days prior to the COVID-19 diagnosis. For

10 purposes of this subsection, "personal protective

11 equipment" means industry-specific equipment worn to

12 minimize exposure to hazards that cause illnesses or

13 serious injuries, which may result from contact with

14 biological, chemical, radiological, physical, electrical,

15 mechanical, or other workplace hazards. "Personal

16 protective equipment" includes, but is not limited to,

17 items such as face coverings, gloves, safety glasses,

18 safety face shields, barriers, shoes, earplugs or muffs,

19 hard hats, respirators, coveralls, vests, and full body

20 suits; or

21 (C) the employee was exposed to COVID-19 by an

22 alternate source.

23 (4) The rebuttable presumption created in this subsection

24 applies to all cases tried after June 5, 2020 (the effective

25 date of Public Act 101-633) and in which the diagnosis of

26 COVID-19 was made on or after March 9, 2020 and on or before

HB5004

- 202 -

LRB102 23330 RJF 32496 b

1 June 30, 2021 (including the period between December 31, 2020

2 and the effective date of this amendatory Act of the 101st

3 General Assembly).

4 (5) Under no circumstances shall any COVID-19 case

5 increase or affect any employer's workers' compensation

6 insurance experience rating or modification, but COVID-19

7 costs may be included in determining overall State loss costs.

8 (6) In order for the presumption created in this

9 subsection to apply at trial, for COVID-19 diagnoses occurring

10 on or before June 15, 2020, an employee must provide a

11 confirmed medical diagnosis by a licensed medical practitioner

12 or a positive laboratory test for COVID-19 or for COVID-19

13 antibodies; for COVID-19 diagnoses occurring after June 15,

14 2020, an employee must provide a positive laboratory test for

15 COVID-19 or for COVID-19 antibodies.

16 (7) The presumption created in this subsection does not

17 apply if the employee's place of employment was solely the

18 employee's home or residence for a period of 14 or more

19 consecutive days immediately prior to the employee's injury,

20 occupational disease, or period of incapacity resulted from

21 exposure to COVID-19.

22 (8) The date of injury or the beginning of the employee's

23 occupational disease or period of disability is either the

24 date that the employee was unable to work due to contraction of

25 COVID-19 or was unable to work due to symptoms that were later

26 diagnosed as COVID-19, whichever came first.

HB5004

- 203 -

LRB102 23330 RJF 32496 b

1 (9) An employee who contracts COVID-19, but fails to

2 establish the rebuttable presumption is not precluded from

3 filing for compensation under this Act or under the Workers'

4 Compensation Act.

5 (10) To qualify for temporary total disability benefits

6 under the presumption created in this subsection, the employee

7 must be certified for or recertified for temporary disability.

8 (11) An employer is entitled to a credit against any

9 liability for temporary total disability due to an employee as

10 a result of the employee contracting COVID-19 for (A) any sick

11 leave benefits or extended salary benefits paid to the

12 employee by the employer under Emergency Family Medical Leave

13 Expansion Act, Emergency Paid Sick Leave Act of the Families

14 First Coronavirus Response Act, or any other federal law, or

15 (B) any other credit to which an employer is entitled under the

16 Workers' Compensation Act.

17 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)

18 Section 155. The Unemployment Insurance Act is amended by

19 changing Sections 211.4 and 614 as follows:

20 (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)

21 Sec. 211.4. A. Notwithstanding any other provision of this

22 Act, the term "employment" shall include service performed

23 after December 31, 1977, by an individual in agricultural

24 labor as defined in Section 214 when:

HB5004

- 204 -

LRB102 23330 RJF 32496 b

1 1. Such service is performed for an employing unit

2 which (a) paid cash wages of $20,000 or more during any

3 calendar quarter in either the current or preceding

4 calendar year to an individual or individuals employed in

5 agricultural labor (not taking into account service in

6 agricultural labor performed before January 1, 1980, by a

7 noncitizen ~~an alien~~referred to in paragraph 2); or (b)

8 employed in agricultural labor (not taking into account

9 service in agricultural labor performed before January 1,

10 1980, by a noncitizen ~~an alien~~ referred to in paragraph 2)

11 10 or more individuals within each of 20 or more calendar

12 weeks (but not necessarily simultaneously and irrespective

13 of whether the same individuals are or were employed in

14 each such week), whether or not such weeks are or were

15 consecutive, within either the current or preceding

16 calendar year.

17 2. Such service is not performed in agricultural labor

18 if performed before January 1, 1980 or on or after the

19 effective date of this amendatory Act of the 96th General

20 Assembly, by an individual who is a noncitizen ~~an alien~~

21 admitted to the United States to perform service in

22 agricultural labor pursuant to Sections 214(c) and

23 101(a)(15)(H) of the Immigration and Nationality Act.

24 B. For the purposes of this Section, any individual who is

25 a member of a crew furnished by a crew leader to perform

26 service in agricultural labor for any other employing unit

HB5004

- 205 -

LRB102 23330 RJF 32496 b

1 shall be treated as performing service in the employ of such

2 crew leader if (1) the leader holds a valid certificate of

3 registration under the Farm Labor Contractor Registration Act

4 of 1963, or substantially all the members of such crew operate

5 or maintain tractors, mechanized harvesting or crop dusting

6 equipment, or any other mechanized equipment, which is

7 provided by the crew leader; and (2) the service of such

8 individual is not in employment for such other employing unit

9 within the meaning of subsections A and C of Section 212, and

10 of Section 213.

11 C. For the purposes of this Section, any individual who is

12 furnished by a crew leader to perform service in agricultural

13 labor for any other employing unit, and who is not treated as

14 performing service in the employ of such crew leader under

15 subsection B, shall be treated as performing service in the

16 employ of such other employing unit, and such employing unit

17 shall be treated as having paid cash wages to such individual

18 in an amount equal to the amount of cash wages paid to the

19 individual by the crew leader (either on his own behalf or on

20 behalf of such other employing unit) for the service in

21 agricultural labor performed for such other employing unit.

22 D. For the purposes of this Section, the term "crew

23 leader" means an individual who (1) furnishes individuals to

24 perform service in agricultural labor for any other employing

25 unit; (2) pays (either on his own behalf or on behalf of such

26 other employing unit) the individuals so furnished by him for

HB5004

- 206 -

LRB102 23330 RJF 32496 b

1 the service in agricultural labor performed by them; and (3)

2 has not entered into a written agreement with such other

3 employing unit under which an individual so furnished by him

4 is designated as performing services in the employ of such

5 other employing unit.

6 (Source: P.A. 96-1208, eff. 1-1-11.)

7 (820 ILCS 405/614) (from Ch. 48, par. 444)

8 Sec. 614. Non-resident noncitizens ~~aliens~~ - ineligibility.

9 A noncitizen ~~An alien~~shall be ineligible for benefits for any

10 week which begins after December 31, 1977, on the basis of

11 wages for services performed by such noncitizen ~~alien~~, unless

12 the noncitizen ~~alien~~was an individual who was lawfully

13 admitted for permanent residence at the time such services

14 were performed or otherwise was permanently residing in the

15 United States under color of law at the time such services were

16 performed (including a noncitizen ~~an alien~~who was lawfully

17 present in the United States as a result of the application of

18 the provisions of Section 212(d) (5) of the Immigration and

19 Nationality Act); provided, that any modifications of the

20 provisions of Section 3304(a) (14) of the Federal Unemployment

21 Tax Act which

22 A. Specify other conditions or another effective date

23 than stated herein for ineligibility for benefits based on

24 wages for services performed by noncitizens ~~aliens~~, and

25 B. Are required to be implemented under this Act as a

HB5004

- 207 -

LRB102 23330 RJF 32496 b

1 condition for the Federal approval of this Act requisite

2 to the full tax credit against the tax imposed by the

3 Federal Act for contributions paid by employers pursuant

4 to this Act, shall be applicable under the provisions of

5 this Section.

6 Any data or information required of individuals who claim

7 benefits for the purpose of determining whether benefits are

8 not payable to them pursuant to this Section shall be

9 uniformly required of all individuals who claim benefits.

10 If an individual would otherwise be eligible for benefits,

11 no determination shall be made that such individual is

12 ineligible for benefits pursuant to this Section because of

13 the individual's noncitizen ~~alien~~ status, except upon a

14 preponderance of the evidence.

15 (Source: P.A. 86-3; 87-122.)

16 Section 995. No acceleration or delay. Where this Act

17 makes changes in a statute that is represented in this Act by

18 text that is not yet or no longer in effect (for example, a

19 Section represented by multiple versions), the use of that

20 text does not accelerate or delay the taking effect of (i) the

21 changes made by this Act or (ii) provisions derived from any

22 other Public Act.

23 Section 999. Effective date. This Act takes effect upon

24 becoming law.

HB5004

- 208 -

LRB102 23330 RJF 32496 b

1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 312/2-102 from Ch. 102, par. 202-102

4 5 ILCS 805/10

5 20 ILCS 605/605-800 was 20 ILCS 605/46.19a in part

6 20 ILCS 1510/25

7 35 ILCS 5/1501 from Ch. 120, par. 15-1501

8 55 ILCS 5/3-12007 from Ch. 34, par. 3-12007

9 70 ILCS 2605/11.15 from Ch. 42, par. 331.15

10 110 ILCS 205/9.16 from Ch. 144, par. 189.16

11 110 ILCS 925/3.06 from Ch. 144, par. 1503.06

12 110 ILCS 930/2 from Ch. 144, par. 2302

13 110 ILCS 930/7 from Ch. 144, par. 2307

14 110 ILCS 947/65.50

15 110 ILCS 947/65.110

16 110 ILCS 952/20

17 110 ILCS 975/5 from Ch. 144, par. 2755

18 110 ILCS 975/6.5

19 215 ILCS 105/7 from Ch. 73, par. 1307

20 225 ILCS 50/8 from Ch. 111, par. 7408

21 305 ILCS 5/5-3 from Ch. 23, par. 5-3

22 330 ILCS 61/1-10

23 430 ILCS 65/4 from Ch. 38, par. 83-4

24 430 ILCS 65/8 from Ch. 38, par. 83-8

25 720 ILCS 5/17-6.5

HB5004

- 209 -

LRB102 23330 RJF 32496 b