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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5597 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
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Creates the First 2014 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT to revise the law by combining multiple enactments |
| 2 | | and making technical corrections.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 1. Nature of this Act. |
| 6 | | (a) This Act may be cited as the First 2014 General |
| 7 | | Revisory Act. |
| 8 | | (b) This Act is not intended to make any substantive change |
| 9 | | in the law. It reconciles conflicts that have arisen from |
| 10 | | multiple amendments and enactments and makes technical |
| 11 | | corrections and revisions in the law. |
| 12 | | This Act revises and, where appropriate, renumbers certain |
| 13 | | Sections that have been added or amended by more than one |
| 14 | | Public Act. In certain cases in which a repealed Act or Section |
| 15 | | has been replaced with a successor law, this Act may |
| 16 | | incorporate amendments to the repealed Act or Section into the |
| 17 | | successor law. This Act also corrects errors, revises |
| 18 | | cross-references, and deletes obsolete text. |
| 19 | | (c) In this Act, the reference at the end of each amended |
| 20 | | Section indicates the sources in the Session Laws of Illinois |
| 21 | | that were used in the preparation of the text of that Section. |
| 22 | | The text of the Section included in this Act is intended to |
| 23 | | include the different versions of the Section found in the |
| 24 | | Public Acts included in the list of sources, but may not |
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| 1 | | include other versions of the Section to be found in Public |
| 2 | | Acts not included in the list of sources. The list of sources |
| 3 | | is not a part of the text of the Section. |
| 4 | | (d) Public Acts 97-1145 through 98-589 were considered in |
| 5 | | the preparation of the combining revisories included in this |
| 6 | | Act. Many of those combining revisories contain no striking or |
| 7 | | underscoring because no additional changes are being made in |
| 8 | | the material that is being combined.
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| 9 | | Section 5. The Regulatory Sunset Act is amended by changing |
| 10 | | Section 4.34 as follows:
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| 11 | | (5 ILCS 80/4.34) |
| 12 | | Sec. 4.34. Acts and Section Act repealed on January 1, |
| 13 | | 2024. The following Acts and
Section of an Act are is repealed
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| 14 | | on January 1, 2024: |
| 15 | | The Electrologist Licensing Act. |
| 16 | | The Illinois Certified Shorthand Reporters Act of |
| 17 | | 1984. |
| 18 | | The Illinois Occupational Therapy Practice Act. |
| 19 | | The Illinois Public Accounting Act. |
| 20 | | The Private Detective, Private Alarm, Private |
| 21 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. |
| 22 | | The Registered Surgical Assistant and Registered |
| 23 | | Surgical Technologist
Title Protection Act. |
| 24 | | Section 2.5 of the Illinois Plumbing License Law.
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| 1 | | The Veterinary Medicine and Surgery Practice Act of |
| 2 | | 2004. |
| 3 | | (Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; |
| 4 | | 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. |
| 5 | | 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, |
| 6 | | eff. 12-31-13; revised 9-10-13.)
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| 7 | | Section 10. The Open Meetings Act is amended by changing |
| 8 | | Section 2 as follows:
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| 9 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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| 10 | | Sec. 2. Open meetings.
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| 11 | | (a) Openness required. All meetings of public
bodies shall |
| 12 | | be open to the public unless excepted in subsection (c)
and |
| 13 | | closed in accordance with Section 2a.
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| 14 | | (b) Construction of exceptions. The exceptions contained |
| 15 | | in subsection
(c) are in derogation of the requirement that |
| 16 | | public bodies
meet in the open, and therefore, the exceptions |
| 17 | | are to be strictly
construed, extending only to subjects |
| 18 | | clearly within their scope.
The exceptions authorize but do not |
| 19 | | require the holding of
a closed meeting to discuss a subject |
| 20 | | included within an enumerated exception.
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| 21 | | (c) Exceptions. A public body may hold closed meetings to |
| 22 | | consider the
following subjects:
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| 23 | | (1) The appointment, employment, compensation, |
| 24 | | discipline, performance,
or dismissal of specific |
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| 1 | | employees of the public body or legal counsel for
the |
| 2 | | public body, including hearing
testimony on a complaint |
| 3 | | lodged against an employee of the public body or
against |
| 4 | | legal counsel for the public body to determine its |
| 5 | | validity.
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| 6 | | (2) Collective negotiating matters between the public |
| 7 | | body and its
employees or their representatives, or |
| 8 | | deliberations concerning salary
schedules for one or more |
| 9 | | classes of employees.
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| 10 | | (3) The selection of a person to fill a public office,
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| 11 | | as defined in this Act, including a vacancy in a public |
| 12 | | office, when the public
body is given power to appoint |
| 13 | | under law or ordinance, or the discipline,
performance or |
| 14 | | removal of the occupant of a public office, when the public |
| 15 | | body
is given power to remove the occupant under law or |
| 16 | | ordinance.
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| 17 | | (4) Evidence or testimony presented in open hearing, or |
| 18 | | in closed
hearing where specifically authorized by law, to
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| 19 | | a quasi-adjudicative body, as defined in this Act, provided |
| 20 | | that the body
prepares and makes available for public |
| 21 | | inspection a written decision
setting forth its |
| 22 | | determinative reasoning.
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| 23 | | (5) The purchase or lease of real property for the use |
| 24 | | of
the public body, including meetings held for the purpose |
| 25 | | of discussing
whether a particular parcel should be |
| 26 | | acquired.
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| 1 | | (6) The setting of a price for sale or lease of |
| 2 | | property owned
by the public body.
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| 3 | | (7) The sale or purchase of securities, investments, or |
| 4 | | investment
contracts. This exception shall not apply to the |
| 5 | | investment of assets or income of funds deposited into the |
| 6 | | Illinois Prepaid Tuition Trust Fund.
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| 7 | | (8) Security procedures and the use of personnel and
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| 8 | | equipment to respond to an actual, a threatened, or a |
| 9 | | reasonably
potential danger to the safety of employees, |
| 10 | | students, staff, the public, or
public
property.
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| 11 | | (9) Student disciplinary cases.
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| 12 | | (10) The placement of individual students in special |
| 13 | | education
programs and other matters relating to |
| 14 | | individual students.
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| 15 | | (11) Litigation, when an action against, affecting or |
| 16 | | on behalf of the
particular public body has been filed and |
| 17 | | is pending before a court or
administrative tribunal, or |
| 18 | | when the public body finds that an action is
probable or |
| 19 | | imminent, in which case the basis for the finding shall be
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| 20 | | recorded and entered into the minutes of the closed |
| 21 | | meeting.
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| 22 | | (12) The establishment of reserves or settlement of |
| 23 | | claims as provided
in the Local Governmental and |
| 24 | | Governmental Employees Tort Immunity Act, if
otherwise the |
| 25 | | disposition of a claim or potential claim might be
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| 26 | | prejudiced, or the review or discussion of claims, loss or |
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| 1 | | risk management
information, records, data, advice or |
| 2 | | communications from or with respect
to any insurer of the |
| 3 | | public body or any intergovernmental risk management
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| 4 | | association or self insurance pool of which the public body |
| 5 | | is a member.
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| 6 | | (13) Conciliation of complaints of discrimination in |
| 7 | | the sale or rental
of housing, when closed meetings are |
| 8 | | authorized by the law or ordinance
prescribing fair housing |
| 9 | | practices and creating a commission or
administrative |
| 10 | | agency for their enforcement.
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| 11 | | (14) Informant sources, the hiring or assignment of |
| 12 | | undercover personnel
or equipment, or ongoing, prior or |
| 13 | | future criminal investigations, when
discussed by a public |
| 14 | | body with criminal investigatory responsibilities.
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| 15 | | (15) Professional ethics or performance when |
| 16 | | considered by an advisory
body appointed to advise a |
| 17 | | licensing or regulatory agency on matters
germane to the |
| 18 | | advisory body's field of competence.
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| 19 | | (16) Self evaluation, practices and procedures or |
| 20 | | professional ethics,
when meeting with a representative of |
| 21 | | a statewide association of which the
public body is a |
| 22 | | member.
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| 23 | | (17) The recruitment, credentialing, discipline or |
| 24 | | formal peer review
of physicians or other
health care |
| 25 | | professionals for a hospital, or
other institution |
| 26 | | providing medical care, that is operated by the public |
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| 1 | | body.
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| 2 | | (18) Deliberations for decisions of the Prisoner |
| 3 | | Review Board.
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| 4 | | (19) Review or discussion of applications received |
| 5 | | under the
Experimental Organ Transplantation Procedures |
| 6 | | Act.
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| 7 | | (20) The classification and discussion of matters |
| 8 | | classified as
confidential or continued confidential by |
| 9 | | the State Government Suggestion Award
Board.
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| 10 | | (21) Discussion of minutes of meetings lawfully closed |
| 11 | | under this Act,
whether for purposes of approval by the |
| 12 | | body of the minutes or semi-annual
review of the minutes as |
| 13 | | mandated by Section 2.06.
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| 14 | | (22) Deliberations for decisions of the State
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| 15 | | Emergency Medical Services Disciplinary
Review Board.
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| 16 | | (23) The operation by a municipality of a municipal |
| 17 | | utility or the
operation of a
municipal power agency or |
| 18 | | municipal natural gas agency when the
discussion involves |
| 19 | | (i) contracts relating to the
purchase, sale, or delivery |
| 20 | | of electricity or natural gas or (ii) the results
or |
| 21 | | conclusions of load forecast studies.
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| 22 | | (24) Meetings of a residential health care facility |
| 23 | | resident sexual
assault and death review
team or
the |
| 24 | | Executive
Council under the Abuse Prevention Review
Team |
| 25 | | Act.
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| 26 | | (25) Meetings of an independent team of experts under |
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| 1 | | Brian's Law. |
| 2 | | (26) Meetings of a mortality review team appointed |
| 3 | | under the Department of Juvenile Justice Mortality Review |
| 4 | | Team Act. |
| 5 | | (27) (Blank). |
| 6 | | (28) Correspondence and records (i) that may not be |
| 7 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
| 8 | | that pertain to appeals under Section 11-8 of the Public |
| 9 | | Aid Code. |
| 10 | | (29) Meetings between internal or external auditors |
| 11 | | and governmental audit committees, finance committees, and |
| 12 | | their equivalents, when the discussion involves internal |
| 13 | | control weaknesses, identification of potential fraud risk |
| 14 | | areas, known or suspected frauds, and fraud interviews |
| 15 | | conducted in accordance with generally accepted auditing |
| 16 | | standards of the United States of America. |
| 17 | | (30) Those meetings or portions of meetings of an |
| 18 | | at-risk adult fatality review team or the Illinois At-Risk |
| 19 | | Adult Fatality Review Team Advisory Council during which a |
| 20 | | review of the death of an eligible adult in which abuse or |
| 21 | | neglect is suspected, alleged, or substantiated is |
| 22 | | conducted pursuant to Section 15 of the Adult Protective |
| 23 | | Services Act. |
| 24 | | (31) (30) Meetings and deliberations for decisions of |
| 25 | | the Concealed Carry Licensing Review Board under the |
| 26 | | Firearm Concealed Carry Act. |
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| 1 | | (d) Definitions. For purposes of this Section:
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| 2 | | "Employee" means a person employed by a public body whose |
| 3 | | relationship
with the public body constitutes an |
| 4 | | employer-employee relationship under
the usual common law |
| 5 | | rules, and who is not an independent contractor.
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| 6 | | "Public office" means a position created by or under the
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| 7 | | Constitution or laws of this State, the occupant of which is |
| 8 | | charged with
the exercise of some portion of the sovereign |
| 9 | | power of this State. The term
"public office" shall include |
| 10 | | members of the public body, but it shall not
include |
| 11 | | organizational positions filled by members thereof, whether
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| 12 | | established by law or by a public body itself, that exist to |
| 13 | | assist the
body in the conduct of its business.
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| 14 | | "Quasi-adjudicative body" means an administrative body |
| 15 | | charged by law or
ordinance with the responsibility to conduct |
| 16 | | hearings, receive evidence or
testimony and make |
| 17 | | determinations based
thereon, but does not include
local |
| 18 | | electoral boards when such bodies are considering petition |
| 19 | | challenges.
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| 20 | | (e) Final action. No final action may be taken at a closed |
| 21 | | meeting.
Final action shall be preceded by a public recital of |
| 22 | | the nature of the
matter being considered and other information |
| 23 | | that will inform the
public of the business being conducted.
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| 24 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
| 25 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
| 26 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised |
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| 1 | | 7-23-13.)
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| 2 | | Section 15. The Freedom of Information Act is amended by |
| 3 | | changing Sections 3.2 and 7.5 as follows:
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| 4 | | (5 ILCS 140/3.2) |
| 5 | | Sec. 3.2. Recurrent requesters. |
| 6 | | (a) Notwithstanding Nothwithstanding any provision of this |
| 7 | | Act to the contrary, a public body shall respond to a request |
| 8 | | from a recurrent requester, as defined in subsection (g) of |
| 9 | | Section 2, within 21 business days after receipt. The response |
| 10 | | shall (i) provide to the requester an estimate of the time |
| 11 | | required by the public body to provide the records requested |
| 12 | | and an estimate of the fees to be charged, which the public |
| 13 | | body may require the person to pay in full before copying the |
| 14 | | requested documents, (ii) deny the request pursuant to one or |
| 15 | | more of the exemptions set out in this Act, (iii) notify the |
| 16 | | requester that the request is unduly burdensome and extend an |
| 17 | | opportunity to the requester to attempt to reduce the request |
| 18 | | to manageable proportions, or (iv) provide the records |
| 19 | | requested. |
| 20 | | (b) Within 5 business days after receiving a request from a |
| 21 | | recurrent requester, as defined in subsection (g) of Section 2, |
| 22 | | the public body shall notify the requester (i) that the public |
| 23 | | body is treating the request as a request under subsection (g) |
| 24 | | of Section 2, (ii) of the reasons why the public body is |
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| 1 | | treating the request as a request under subsection (g) of |
| 2 | | Section 2, and (iii) that the public body will send an initial |
| 3 | | response within 21 business days after receipt in accordance |
| 4 | | with subsection (a) of this Section. The public body shall also |
| 5 | | notify the requester of the proposed responses that can be |
| 6 | | asserted pursuant to subsection (a) of this Section. |
| 7 | | (c) Unless the records are exempt from disclosure, a public |
| 8 | | body shall comply with a request within a reasonable period |
| 9 | | considering the size and complexity of the request.
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| 10 | | (Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
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| 11 | | (5 ILCS 140/7.5) |
| 12 | | Sec. 7.5. Statutory Exemptions. To the extent provided for |
| 13 | | by the statutes referenced below, the following shall be exempt |
| 14 | | from inspection and copying: |
| 15 | | (a) All information determined to be confidential under |
| 16 | | Section 4002 of the Technology Advancement and Development Act. |
| 17 | | (b) Library circulation and order records identifying |
| 18 | | library users with specific materials under the Library Records |
| 19 | | Confidentiality Act. |
| 20 | | (c) Applications, related documents, and medical records |
| 21 | | received by the Experimental Organ Transplantation Procedures |
| 22 | | Board and any and all documents or other records prepared by |
| 23 | | the Experimental Organ Transplantation Procedures Board or its |
| 24 | | staff relating to applications it has received. |
| 25 | | (d) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives relating to |
| 2 | | known or suspected cases of sexually transmissible disease or |
| 3 | | any information the disclosure of which is restricted under the |
| 4 | | Illinois Sexually Transmissible Disease Control Act. |
| 5 | | (e) Information the disclosure of which is exempted under |
| 6 | | Section 30 of the Radon Industry Licensing Act. |
| 7 | | (f) Firm performance evaluations under Section 55 of the |
| 8 | | Architectural, Engineering, and Land Surveying Qualifications |
| 9 | | Based Selection Act. |
| 10 | | (g) Information the disclosure of which is restricted and |
| 11 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. |
| 12 | | (h) Information the disclosure of which is exempted under |
| 13 | | the State Officials and Employees Ethics Act, and records of |
| 14 | | any lawfully created State or local inspector general's office |
| 15 | | that would be exempt if created or obtained by an Executive |
| 16 | | Inspector General's office under that Act. |
| 17 | | (i) Information contained in a local emergency energy plan |
| 18 | | submitted to a municipality in accordance with a local |
| 19 | | emergency energy plan ordinance that is adopted under Section |
| 20 | | 11-21.5-5 of the Illinois Municipal Code. |
| 21 | | (j) Information and data concerning the distribution of |
| 22 | | surcharge moneys collected and remitted by wireless carriers |
| 23 | | under the Wireless Emergency Telephone Safety Act. |
| 24 | | (k) Law enforcement officer identification information or |
| 25 | | driver identification information compiled by a law |
| 26 | | enforcement agency or the Department of Transportation under |
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| 1 | | Section 11-212 of the Illinois Vehicle Code. |
| 2 | | (l) Records and information provided to a residential |
| 3 | | health care facility resident sexual assault and death review |
| 4 | | team or the Executive Council under the Abuse Prevention Review |
| 5 | | Team Act. |
| 6 | | (m) Information provided to the predatory lending database |
| 7 | | created pursuant to Article 3 of the Residential Real Property |
| 8 | | Disclosure Act, except to the extent authorized under that |
| 9 | | Article. |
| 10 | | (n) Defense budgets and petitions for certification of |
| 11 | | compensation and expenses for court appointed trial counsel as |
| 12 | | provided under Sections 10 and 15 of the Capital Crimes |
| 13 | | Litigation Act. This subsection (n) shall apply until the |
| 14 | | conclusion of the trial of the case, even if the prosecution |
| 15 | | chooses not to pursue the death penalty prior to trial or |
| 16 | | sentencing. |
| 17 | | (o) Information that is prohibited from being disclosed |
| 18 | | under Section 4 of the Illinois Health and Hazardous Substances |
| 19 | | Registry Act. |
| 20 | | (p) Security portions of system safety program plans, |
| 21 | | investigation reports, surveys, schedules, lists, data, or |
| 22 | | information compiled, collected, or prepared by or for the |
| 23 | | Regional Transportation Authority under Section 2.11 of the |
| 24 | | Regional Transportation Authority Act or the St. Clair County |
| 25 | | Transit District under the Bi-State Transit Safety Act. |
| 26 | | (q) Information prohibited from being disclosed by the |
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| 1 | | Personnel Records Review Act. |
| 2 | | (r) Information prohibited from being disclosed by the |
| 3 | | Illinois School Student Records Act. |
| 4 | | (s) Information the disclosure of which is restricted under |
| 5 | | Section 5-108 of the Public Utilities Act.
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| 6 | | (t) All identified or deidentified health information in |
| 7 | | the form of health data or medical records contained in, stored |
| 8 | | in, submitted to, transferred by, or released from the Illinois |
| 9 | | Health Information Exchange, and identified or deidentified |
| 10 | | health information in the form of health data and medical |
| 11 | | records of the Illinois Health Information Exchange in the |
| 12 | | possession of the Illinois Health Information Exchange |
| 13 | | Authority due to its administration of the Illinois Health |
| 14 | | Information Exchange. The terms "identified" and |
| 15 | | "deidentified" shall be given the same meaning as in the Health |
| 16 | | Insurance Accountability and Portability Act of 1996, Public |
| 17 | | Law 104-191, or any subsequent amendments thereto, and any |
| 18 | | regulations promulgated thereunder. |
| 19 | | (u) Records and information provided to an independent team |
| 20 | | of experts under Brian's Law. |
| 21 | | (v) Names and information of people who have applied for or |
| 22 | | received Firearm Owner's Identification Cards under the |
| 23 | | Firearm Owners Identification Card Act or applied for or |
| 24 | | received a concealed carry license under the Firearm Concealed |
| 25 | | Carry Act, unless otherwise authorized by the Firearm Concealed |
| 26 | | Carry Act; and databases under the Firearm Concealed Carry Act, |
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| 1 | | records of the Concealed Carry Licensing Review Board under the |
| 2 | | Firearm Concealed Carry Act, and law enforcement agency |
| 3 | | objections under the Firearm Concealed Carry Act. |
| 4 | | (w) Personally identifiable information which is exempted |
| 5 | | from disclosure under subsection (g) of Section 19.1 of the |
| 6 | | Toll Highway Act. |
| 7 | | (x) Information which is exempted from disclosure under |
| 8 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the |
| 9 | | Illinois Municipal Code. |
| 10 | | (y) Confidential information under the Adult Protective |
| 11 | | Services Act and its predecessor enabling statute, the Elder |
| 12 | | Abuse and Neglect Act, including information about the identity |
| 13 | | and administrative finding against any caregiver of a verified |
| 14 | | and substantiated decision of significant abuse, neglect, or |
| 15 | | financial exploitation of an eligible adult maintained in the |
| 16 | | Department of Public Health's Health Care Worker Registry. |
| 17 | | (z) Records and information provided to an at-risk adult |
| 18 | | fatality review team or the Illinois At-Risk Adult Fatality |
| 19 | | Review Team Advisory Council under Section 15 of the Adult |
| 20 | | Protective Services Act. |
| 21 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, |
| 22 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
| 23 | | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
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| 24 | | Section 20. The State Employee Indemnification Act is |
| 25 | | amended by changing Section 1 as follows:
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| 1 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
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| 2 | | Sec. 1. Definitions. For the purpose of this Act:
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| 3 | | (a) The term "State" means the State of Illinois, the |
| 4 | | General
Assembly, the court, or any State office, department, |
| 5 | | division, bureau,
board, commission, or committee, the |
| 6 | | governing boards of the public
institutions of higher education |
| 7 | | created by the State, the Illinois
National Guard, the |
| 8 | | Comprehensive Health Insurance Board, any poison control
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| 9 | | center designated under the Poison Control System Act that |
| 10 | | receives State
funding, or any other agency or instrumentality |
| 11 | | of the State. It
does not mean any local public entity as that |
| 12 | | term is defined in Section
1-206 of the Local Governmental and |
| 13 | | Governmental Employees Tort Immunity
Act or a pension fund.
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| 14 | | (b) The term "employee" means any present or former elected |
| 15 | | or
appointed officer, trustee or employee of the State, or of a |
| 16 | | pension
fund,
any present or former commissioner or employee of |
| 17 | | the Executive Ethics
Commission or of the Legislative Ethics |
| 18 | | Commission, any present or former
Executive, Legislative, or |
| 19 | | Auditor General's Inspector General, any present or
former |
| 20 | | employee of an Office of an Executive, Legislative, or Auditor |
| 21 | | General's
Inspector General, any present or former member of |
| 22 | | the Illinois National
Guard
while on active duty, individuals |
| 23 | | or organizations who contract with the
Department of |
| 24 | | Corrections, the Department of Juvenile Justice, the |
| 25 | | Comprehensive Health Insurance Board, or the
Department of |
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| 1 | | Veterans' Affairs to provide services, individuals or
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| 2 | | organizations who contract with the Department of Human |
| 3 | | Services (as
successor to the Department of Mental Health and |
| 4 | | Developmental
Disabilities) to provide services including but |
| 5 | | not limited to treatment and
other services for sexually |
| 6 | | violent persons, individuals or organizations who
contract |
| 7 | | with the Department of
Military
Affairs for youth programs, |
| 8 | | individuals or
organizations who contract to perform carnival |
| 9 | | and amusement ride safety
inspections for the Department of |
| 10 | | Labor, individual representatives of or
designated |
| 11 | | organizations authorized to represent the Office of State |
| 12 | | Long-Term
Ombudsman for the Department on Aging, individual |
| 13 | | representatives of or
organizations designated by the |
| 14 | | Department on Aging in the performance of their
duties as adult |
| 15 | | protective services agencies or regional administrative |
| 16 | | agencies
under the Adult Protective Services Act, individuals |
| 17 | | or organizations appointed as members of a review team or the |
| 18 | | Advisory Council under the Adult Protective Services Act, |
| 19 | | individuals or organizations who perform
volunteer services |
| 20 | | for the State where such volunteer relationship is reduced
to |
| 21 | | writing, individuals who serve on any public entity (whether |
| 22 | | created by law
or administrative action) described in paragraph |
| 23 | | (a) of this Section,
individuals or not for profit |
| 24 | | organizations who, either as volunteers, where
such volunteer |
| 25 | | relationship is reduced to writing, or pursuant to contract,
|
| 26 | | furnish professional advice or consultation to any agency or |
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| 1 | | instrumentality of
the State, individuals who serve as foster |
| 2 | | parents for the Department of
Children and Family Services when |
| 3 | | caring for a Department ward, individuals who serve as members |
| 4 | | of an independent team of experts under Brian's Law, and |
| 5 | | individuals
who serve as arbitrators pursuant to Part 10A of
|
| 6 | | Article II of the Code of Civil Procedure and the rules of the |
| 7 | | Supreme Court
implementing Part 10A, each as now or hereafter |
| 8 | | amended, but does not mean an
independent contractor except as |
| 9 | | provided in this Section. The term includes an
individual |
| 10 | | appointed as an inspector by the Director of State Police when
|
| 11 | | performing duties within the scope of the activities of a |
| 12 | | Metropolitan
Enforcement Group or a law enforcement |
| 13 | | organization established under the
Intergovernmental |
| 14 | | Cooperation Act. An individual who renders professional
advice |
| 15 | | and consultation to the State through an organization which |
| 16 | | qualifies as
an "employee" under the Act is also an employee. |
| 17 | | The term includes the estate
or personal representative of an |
| 18 | | employee.
|
| 19 | | (c) The term "pension fund" means a retirement system or |
| 20 | | pension
fund created under the Illinois Pension Code.
|
| 21 | | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised |
| 22 | | 8-9-13.)
|
| 23 | | Section 25. The State Employees Group Insurance Act of 1971 |
| 24 | | is amended by setting forth, renumbering, and changing multiple |
| 25 | | versions of Section 2.5 as follows:
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| 1 | | (5 ILCS 375/2.5) |
| 2 | | Sec. 2.5. Application to Regional Transportation Authority |
| 3 | | Board members. Notwithstanding any other provision of this Act |
| 4 | | to the contrary, this Act does not apply to any member of the |
| 5 | | Regional Transportation Authority Board who first becomes a |
| 6 | | member of that Board on or after July 23, 2013 (the effective |
| 7 | | date of Public Act 98-108) this amendatory Act of the 98th |
| 8 | | General Assembly with respect to service of that Board.
|
| 9 | | (Source: P.A. 98-108, eff. 7-23-13; revised 9-6-13.)
|
| 10 | | (5 ILCS 375/2.9) |
| 11 | | Sec. 2.9 2.5. State healthcare purchasing. On and after the |
| 12 | | date 6 months after August 16, 2013 (the effective date of |
| 13 | | Public Act 98-488) this amendatory Act of the 98th General |
| 14 | | Assembly, as provided in the Executive Order 1 (2012) |
| 15 | | Implementation Act, all of the powers, duties, rights, and |
| 16 | | responsibilities related to State healthcare purchasing under |
| 17 | | this Act that were transferred from the Department of Central |
| 18 | | Management Services to the Department of Healthcare and Family |
| 19 | | Services by Executive Order 3 (2005) are transferred back to |
| 20 | | the Department.
|
| 21 | | (Source: P.A. 98-488, eff. 8-16-13; revised 9-6-13.)
|
| 22 | | Section 30. The State Commemorative Dates Act is amended by |
| 23 | | setting forth, renumbering, and changing multiple versions of |
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| 1 | | Section 175 as follows:
|
| 2 | | (5 ILCS 490/175) |
| 3 | | Sec. 175. Mother Mary Ann Bickerdyke Day. The second |
| 4 | | Wednesday in May of each year is designated as Mother Mary Ann |
| 5 | | Bickerdyke Day, to be observed throughout the State as a day |
| 6 | | set apart to honor Mother Mary Ann Bickerdyke of Galesburg, |
| 7 | | military nurses, and the contribution of nurses to the State of |
| 8 | | Illinois and the United States of America.
|
| 9 | | (Source: P.A. 98-141, eff. 8-2-13.)
|
| 10 | | (5 ILCS 490/180) |
| 11 | | Sec. 180 175. Chronic Obstructive Pulmonary Disease (COPD) |
| 12 | | Month. The month of November in each year is designated as |
| 13 | | Chronic Obstructive Pulmonary Disease (COPD) Month to be |
| 14 | | observed throughout the State as a month for the people of |
| 15 | | Illinois to support efforts to decrease the prevalence of COPD, |
| 16 | | develop better treatments, and work toward an eventual cure |
| 17 | | through increased research, treatment, and prevention.
|
| 18 | | (Source: P.A. 98-220, eff. 8-9-13; revised 9-9-13.)
|
| 19 | | (5 ILCS 490/185) |
| 20 | | Sec. 185 175. Eat Local, Buy Illinois Products Day. The |
| 21 | | first Saturday of each month is designated as Eat Local, Buy |
| 22 | | Illinois Products Day to promote local food initiatives and , |
| 23 | | Illinois agribusiness, and to encourage residents to re-invest |
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| 1 | | in the local economy. The Department of Agriculture's Illinois |
| 2 | | Product Logo Program shall assist in increasing awareness and |
| 3 | | sales of Illinois food and agribusiness products.
|
| 4 | | (Source: P.A. 98-341, eff. 8-13-13; revised 9-9-13.)
|
| 5 | | Section 35. The Election Code is amended by changing |
| 6 | | Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and |
| 7 | | 28-3 as follows:
|
| 8 | | (10 ILCS 5/1A-16.5) |
| 9 | | Sec. 1A-16.5. Online voter registration. |
| 10 | | (a) The State Board of Elections shall establish and |
| 11 | | maintain a system for online voter registration that permits a |
| 12 | | person to apply to register to vote or to update his or her |
| 13 | | existing voter registration. In accordance with technical |
| 14 | | specifications provided by the State Board of Elections, each |
| 15 | | election authority shall maintain a voter registration system |
| 16 | | capable of receiving and processing voter registration |
| 17 | | application information, including electronic signatures, from |
| 18 | | the online voter registration system established by the State |
| 19 | | Board of Elections. |
| 20 | | (b) The online voter registration system shall employ |
| 21 | | security measures to ensure the accuracy and integrity of voter |
| 22 | | registration applications submitted electronically pursuant to |
| 23 | | this Section. |
| 24 | | (c) The Board may receive voter registration information |
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| 1 | | provided by applicants using the State Board of Elections' |
| 2 | | website, may cross reference that information with data or |
| 3 | | information contained in the Secretary of State's database in |
| 4 | | order to match the information submitted by applicants, and may |
| 5 | | receive from the Secretary of State the applicant's digitized |
| 6 | | signature upon a successful match of that applicant's |
| 7 | | information with that contained in the Secretary of State's |
| 8 | | database. |
| 9 | | (d) Notwithstanding any other provision of law, a person |
| 10 | | who is qualified to register to vote and who has an authentic |
| 11 | | Illinois driver's license or State identification card issued |
| 12 | | by the Secretary of State may submit an application to register |
| 13 | | to vote electronically on a website maintained by the State |
| 14 | | Board of Elections. |
| 15 | | (e) An online voter registration application shall contain |
| 16 | | all of the information that is required for a paper application |
| 17 | | as provided in Section 1A-16 of this Code, except that the |
| 18 | | applicant shall be required to provide: |
| 19 | | (1) the applicant's full Illinois driver's license or |
| 20 | | State identification card number; |
| 21 | | (2) the last 4 digits of the applicant's social |
| 22 | | security number; and |
| 23 | | (3) the date the Illinois driver's license or State |
| 24 | | identification card was issued. |
| 25 | | (f) For an applicant's registration or change in |
| 26 | | registration to be accepted, the applicant shall mark the box |
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| 1 | | associated with the following statement included as part of the |
| 2 | | online voter registration application: |
| 3 | | "By clicking on the box below, I swear or affirm all of the |
| 4 | | following: |
| 5 | | (1) I am the person whose name and identifying information |
| 6 | | is provided on this form, and I desire to register to vote in |
| 7 | | the State of Illinois. |
| 8 | | (2) All the information I have provided on this form is |
| 9 | | true and correct as of the date I am submitting this form. |
| 10 | | (3) I authorize the Secretary of State to transmit to the |
| 11 | | State Board of Elections my signature that is on file with the |
| 12 | | Secretary of State and understand that such signature will be |
| 13 | | used by my local election authority on this online voter |
| 14 | | registration application for admission as an elector as if I |
| 15 | | had signed this form personally.". |
| 16 | | (g) Immediately upon receiving a completed online voter |
| 17 | | registration application, the online voter registration system |
| 18 | | shall send, by electronic mail, a confirmation notice that the |
| 19 | | application has been received. Within 48 hours of receiving |
| 20 | | such an application, the online voter registration system shall |
| 21 | | send by electronic mail, a notice informing the applicant of |
| 22 | | whether the following information has been matched with the |
| 23 | | Secretary of State database: |
| 24 | | (1) that the applicant has an authentic Illinois |
| 25 | | driver's license or State identification card issued by the |
| 26 | | Secretary of State and that the driver's license or State |
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| 1 | | identification number provided by the applicant matches |
| 2 | | the driver's license or State identification card number |
| 3 | | for that person on file with the Secretary of State; |
| 4 | | (2) that the date of issuance of the Illinois driver's |
| 5 | | license or State identification card listed on the |
| 6 | | application matches the date of issuance of that card for |
| 7 | | that person on file with the Secretary of State; |
| 8 | | (3) that the date of birth provided by the applicant |
| 9 | | matches the date of birth for that person on file with the |
| 10 | | Secretary of State; and |
| 11 | | (4) that the last 4 digits of the applicant's social |
| 12 | | security number matches the last 4 four digits for that |
| 13 | | person on file with the Secretary of State. |
| 14 | | (h) If the information provided by the applicant matches |
| 15 | | the information on the Secretary of State's databases for any |
| 16 | | driver's license and State identification card holder and is |
| 17 | | matched as provided in subsection (g) above, the online voter |
| 18 | | registration system shall: |
| 19 | | (1) retrieve from the Secretary of State's database |
| 20 | | files an electronic copy of the applicant's signature from |
| 21 | | his or her Illinois driver's license or State |
| 22 | | identification card and such signature shall be deemed to |
| 23 | | be the applicant's signature on his or her online voter |
| 24 | | registration application; |
| 25 | | (2) within 2 days of receiving the application, forward |
| 26 | | to the county clerk or board of election commissioners |
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| 1 | | having jurisdiction over the applicant's voter |
| 2 | | registration: (i) the application, along with the |
| 3 | | applicant's relevant data that can be directly loaded into |
| 4 | | the jurisdiction's voter registration system and (ii) a |
| 5 | | copy of the applicant's electronic signature and a |
| 6 | | certification from the State Board of Elections that the |
| 7 | | applicant's driver's license or State identification card |
| 8 | | number, driver's license or State identification card date |
| 9 | | of issuance, and date of birth and social security |
| 10 | | information have been successfully matched. |
| 11 | | (i) Upon receipt of the online voter registration |
| 12 | | application, the county clerk or board of election |
| 13 | | commissioners having jurisdiction over the applicant's voter |
| 14 | | registration shall promptly search its voter registration |
| 15 | | database to determine whether the applicant is already |
| 16 | | registered to vote at the address on the application and |
| 17 | | whether the new registration would create a duplicate |
| 18 | | registration. If the applicant is already registered to vote at |
| 19 | | the address on the application, the clerk or board, as the case |
| 20 | | may be, shall send the applicant by first class mail, and |
| 21 | | electronic mail if the applicant has provided an electronic |
| 22 | | mail address on the original voter registration form for that |
| 23 | | address, a disposition notice as otherwise required by law |
| 24 | | informing the applicant that he or she is already registered to |
| 25 | | vote at such address. If the applicant is not already |
| 26 | | registered to vote at the address on the application and the |
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| 1 | | applicant is otherwise eligible to register to vote, the clerk |
| 2 | | or board, as the case may be, shall: |
| 3 | | (1) enter the name and address of the applicant on the |
| 4 | | list of registered voters in the jurisdiction; and |
| 5 | | (2) send by mail, and electronic mail if the applicant |
| 6 | | has provided an electronic mail address on the voter |
| 7 | | registration form, a disposition notice to the applicant as |
| 8 | | otherwise provided by law setting forth the applicant's |
| 9 | | name and address as it appears on the application and |
| 10 | | stating that the person is registered to vote. |
| 11 | | (j) An electronic signature of the person submitting a |
| 12 | | duplicate registration application or a change of address form |
| 13 | | that is retrieved and imported from the Secretary of State's |
| 14 | | driver's license or State identification card database as |
| 15 | | provided herein may, in the discretion of the clerk or board, |
| 16 | | be substituted for and replace any existing signature for that |
| 17 | | individual in the voter registration database of the county |
| 18 | | clerk or board of election commissioners. |
| 19 | | (k) Any new registration or change of address submitted |
| 20 | | electronically as provided in this Section shall become |
| 21 | | effective as of the date it is received by the county clerk or |
| 22 | | board of election commissioners having jurisdiction over said |
| 23 | | registration. Disposition notices prescribed in this Section |
| 24 | | shall be sent within 5 business days of receipt of the online |
| 25 | | application or change of address by the county clerk or board |
| 26 | | of election commissioners. |
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| 1 | | (l) All provisions of this Code governing voter |
| 2 | | registration and applicable thereto and not inconsistent with |
| 3 | | this Section shall apply to online voter registration under |
| 4 | | this Section. All applications submitted on a website |
| 5 | | maintained by the State Board of Elections shall be deemed |
| 6 | | timely filed if they are submitted no later than 11:59 p.m. on |
| 7 | | the final day for voter registration prior to an election. |
| 8 | | After the registration period for an upcoming election has |
| 9 | | ended and until the 2nd day following such election, the web |
| 10 | | page containing the online voter registration form on the State |
| 11 | | Board of Elections website shall inform users of the procedure |
| 12 | | for grace period voting. |
| 13 | | (m) The State Board of Elections shall maintain a list of |
| 14 | | the name, street address, e-mail address, and likely precinct, |
| 15 | | ward, township, and district numbers, as the case may be, of |
| 16 | | people who apply to vote online through the voter registration |
| 17 | | system and those names and that information shall be stored in |
| 18 | | an electronic format on its website, arranged by county and |
| 19 | | accessible to State and local political committees. |
| 20 | | (n) The Illinois State Board of Elections shall submit a |
| 21 | | report to the General Assembly and the Governor by January 31, |
| 22 | | 2014 detailing the progress made to implement the online voter |
| 23 | | registration system described in this Section. |
| 24 | | (o) The online voter registration system provided for in |
| 25 | | this Section shall be fully operational by July 1, 2014.
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| 26 | | (Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
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| 1 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
| 2 | | Sec. 4-10.
Except as herein provided, no person shall be |
| 3 | | registered,
unless he applies in person to a registration |
| 4 | | officer, answers such
relevant questions as may be asked of him |
| 5 | | by the registration officer,
and executes the affidavit of |
| 6 | | registration. The registration officer shall
require the |
| 7 | | applicant to furnish two forms of identification, and except in |
| 8 | | the
case of a homeless individual, one of which must include |
| 9 | | his or her residence
address. These forms of identification |
| 10 | | shall include, but not be limited to,
any of the following: |
| 11 | | driver's license, social security card, public aid
|
| 12 | | identification card, utility bill, employee or student |
| 13 | | identification card,
lease or contract for a residence, credit |
| 14 | | card, or a civic, union or professional association membership |
| 15 | | card.
The registration officer shall require a homeless |
| 16 | | individual to furnish
evidence of his or her use of the mailing |
| 17 | | address stated. This use may be
demonstrated by a piece of mail |
| 18 | | addressed to that individual and received at
that address or by |
| 19 | | a statement from a person authorizing use of the mailing
|
| 20 | | address. The registration officer shall require each applicant |
| 21 | | for
registration to read or have read to him the affidavit of |
| 22 | | registration
before permitting him to execute the affidavit.
|
| 23 | | One of the registration officers or a deputy registration |
| 24 | | officer,
county clerk, or clerk in the office of the county |
| 25 | | clerk, shall
administer to all persons who shall personally |
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| 1 | | apply to register the
following oath or affirmation:
|
| 2 | | "You do solemnly swear (or affirm) that you will fully and |
| 3 | | truly
answer all such questions as shall be put to you touching |
| 4 | | your name,
place of residence, place of birth, your |
| 5 | | qualifications as an elector
and your right as such to register |
| 6 | | and vote under the laws of the State
of Illinois."
|
| 7 | | The registration officer shall satisfy himself that each |
| 8 | | applicant
for registration is qualified to register before |
| 9 | | registering him. If the
registration officer has reason to |
| 10 | | believe that the applicant is a resident
of a Soldiers' and |
| 11 | | Sailors' Home or any facility which is licensed or certified
|
| 12 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
| 13 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
| 14 | | Act, the following question shall be put,
"When you entered the |
| 15 | | home which is your present address, was it your bona
fide |
| 16 | | intention to become a resident thereof?" Any voter of a |
| 17 | | township, city,
village or incorporated town in which such |
| 18 | | applicant resides, shall be
permitted to be present at the |
| 19 | | place of any precinct registration and shall
have the right to |
| 20 | | challenge any applicant who applies to be registered.
|
| 21 | | In case the officer is not satisfied that the applicant is |
| 22 | | qualified
he shall forthwith notify such applicant in writing |
| 23 | | to appear before the
county clerk to complete his registration. |
| 24 | | Upon the card of such
applicant shall be written the word |
| 25 | | "incomplete" and no such applicant
shall be permitted to vote |
| 26 | | unless such registration is satisfactorily
completed as |
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| 1 | | hereinafter provided. No registration shall be taken and
marked |
| 2 | | as incomplete if information to complete it can be furnished on
|
| 3 | | the date of the original application.
|
| 4 | | Any person claiming to be an elector in any election |
| 5 | | precinct and
whose registration card is marked "Incomplete" may |
| 6 | | make and sign an
application in writing, under oath, to the |
| 7 | | county clerk in substance in
the following form:
|
| 8 | | "I do solemnly swear that I, ...., did on (insert date) |
| 9 | | make
application to the board of registry of the .... precinct |
| 10 | | of the township of
.... (or to the county clerk of .... county) |
| 11 | | and that said board or clerk
refused to complete my |
| 12 | | registration as a qualified voter in said
precinct. That I |
| 13 | | reside in said precinct, that I intend to reside in said
|
| 14 | | precinct, and am a duly qualified voter of said precinct and am |
| 15 | | entitled to be
registered to vote in said precinct at the next |
| 16 | | election.
|
| 17 | | (Signature of applicant) ............................."
|
| 18 | | All such applications shall be presented to the county |
| 19 | | clerk or to
his duly authorized representative by the |
| 20 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 |
| 21 | | p.m. on any day after the days on
which the 1969 and 1970 |
| 22 | | precinct re-registrations are held but not on
any day within 27 |
| 23 | | days preceding the ensuing general election and
thereafter for |
| 24 | | the registration provided in Section 4-7 all such
applications |
| 25 | | shall be presented to the county clerk or his duly
authorized |
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| 1 | | representative by the applicant in person between the hours
of |
| 2 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
| 3 | | the
ensuing general election. Such application shall be heard |
| 4 | | by the county
clerk or his duly authorized representative at |
| 5 | | the time the application
is presented. If the applicant for |
| 6 | | registration has registered with the
county clerk, such |
| 7 | | application may be presented to and heard by the
county clerk |
| 8 | | or by his duly authorized representative upon the dates
|
| 9 | | specified above or at any time prior thereto designated by the |
| 10 | | county clerk.
|
| 11 | | Any otherwise qualified person who is absent from his |
| 12 | | county of
residence either due to business of the United States |
| 13 | | or because he is
temporarily outside the territorial limits of |
| 14 | | the United States may
become registered by mailing an |
| 15 | | application to the county clerk within
the periods of |
| 16 | | registration provided for in this Article, or by simultaneous
|
| 17 | | application for absentee registration and absentee ballot as |
| 18 | | provided in
Article 20 of this Code.
|
| 19 | | Upon receipt of such application the county clerk shall |
| 20 | | immediately
mail an affidavit of registration in duplicate, |
| 21 | | which affidavit shall
contain the following and such other |
| 22 | | information as the State Board of
Elections may think it proper |
| 23 | | to require for the identification of the
applicant:
|
| 24 | | Name. The name of the applicant, giving surname and first |
| 25 | | or
Christian name in full, and the middle name or the initial |
| 26 | | for such
middle name, if any.
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| 1 | | Sex.
|
| 2 | | Residence. The name and number of the street, avenue or |
| 3 | | other
location of the dwelling, and such additional clear and |
| 4 | | definite
description as may be necessary to determine the exact |
| 5 | | location of the
dwelling of the applicant. Where the location |
| 6 | | cannot be determined by
street and number, then the Section, |
| 7 | | congressional township and range
number may be used, or such |
| 8 | | other information as may be necessary,
including post office |
| 9 | | mailing address.
|
| 10 | | Electronic mail address, if the registrant has provided |
| 11 | | this information. |
| 12 | | Term of residence in the State of Illinois and the |
| 13 | | precinct.
|
| 14 | | Nativity. The State or country in which the applicant was |
| 15 | | born.
|
| 16 | | Citizenship. Whether the applicant is native born or |
| 17 | | naturalized. If
naturalized, the court, place and date of |
| 18 | | naturalization.
|
| 19 | | Age. Date of birth, by month, day and year.
|
| 20 | | Out of State address of ..........................
|
| 21 | | AFFIDAVIT OF REGISTRATION
|
| 22 | | State of ...........)
|
| 23 | | )ss
|
| 24 | | County of ..........)
|
| 25 | | I hereby swear (or affirm) that I am a citizen of the |
| 26 | | United States;
that on the day of the next election I shall |
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| 1 | | have resided in the State
of Illinois and in the election |
| 2 | | precinct 30 days; that I am
fully qualified to vote, that I am |
| 3 | | not registered to vote anywhere else
in the United States, that |
| 4 | | I intend to remain a resident of the State of
Illinois and of |
| 5 | | the election precinct, that I intend to return to the State
of |
| 6 | | Illinois, and that the above statements are true.
|
| 7 | | ..............................
|
| 8 | | (His or her signature or mark)
|
| 9 | | Subscribed and sworn to before me, an officer qualified to |
| 10 | | administer
oaths, on (insert date).
|
| 11 | | ........................................
|
| 12 | | Signature of officer administering oath.
|
| 13 | | Upon receipt of the executed duplicate affidavit of |
| 14 | | Registration, the
county clerk shall transfer the information |
| 15 | | contained thereon to
duplicate Registration Cards provided for |
| 16 | | in Section 4-8 of this Article
and shall attach thereto a copy |
| 17 | | of each of the duplicate affidavit of
registration and |
| 18 | | thereafter such registration card and affidavit shall
|
| 19 | | constitute the registration of such person the same as if he |
| 20 | | had applied
for registration in person.
|
| 21 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 22 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
| 23 | | revised 8-9-13.)
|
| 24 | | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
|
| 25 | | Sec. 5-9.
Except as herein provided, no person shall be |
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| 1 | | registered
unless he applies in person to registration officer, |
| 2 | | answers such
relevant questions as may be asked of him by the |
| 3 | | registration officer,
and executes the affidavit of |
| 4 | | registration. The registration officer shall
require the |
| 5 | | applicant to furnish two forms of identification, and except in |
| 6 | | the
case of a homeless individual, one of which must include |
| 7 | | his or her residence
address. These forms of identification |
| 8 | | shall include, but not be limited to,
any of the following: |
| 9 | | driver's license, social security card, public aid
|
| 10 | | identification card, utility bill, employee or student |
| 11 | | identification card,
lease or contract for a residence, credit |
| 12 | | card, or a civic, union or professional association membership |
| 13 | | card.
The registration officer shall require a homeless |
| 14 | | individual to furnish
evidence of his or her use of the mailing |
| 15 | | address stated. This use may be
demonstrated by a piece of mail |
| 16 | | addressed to that individual and received at
that address or by |
| 17 | | a statement from a person authorizing use of the mailing
|
| 18 | | address. The registration officer shall require each applicant |
| 19 | | for registration
to read or have read to him the affidavit of |
| 20 | | registration before permitting him
to execute the affidavit.
|
| 21 | | One of the Deputy Registrars, the Judge of Registration, or |
| 22 | | an
Officer of Registration, County Clerk, or clerk in the |
| 23 | | office of the
County Clerk, shall administer to all persons who |
| 24 | | shall personally apply
to register the following oath or |
| 25 | | affirmation:
|
| 26 | | "You do solemnly swear (or affirm) that you will fully and |
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| 1 | | truly
answer all such questions as shall be put to you touching |
| 2 | | your place of
residence, name, place of birth, your |
| 3 | | qualifications as an elector and
your right as such to register |
| 4 | | and vote under the laws of the State of
Illinois."
|
| 5 | | The Registration Officer shall satisfy himself that each |
| 6 | | applicant
for registration is qualified to register before |
| 7 | | registering him. If the
registration officer has reason to |
| 8 | | believe that the applicant is a resident
of a Soldiers' and |
| 9 | | Sailors' Home or any facility which is licensed or certified
|
| 10 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
| 11 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
| 12 | | Act, the following question shall be put,
"When you entered the |
| 13 | | home which is your present address, was it your bona fide
|
| 14 | | intention to become a resident thereof?" Any voter of a |
| 15 | | township, city,
village or incorporated town in which such |
| 16 | | applicant resides, shall be
permitted to be present at the |
| 17 | | place of precinct registration, and shall have
the right to |
| 18 | | challenge any applicant who applies to be registered.
|
| 19 | | In case the officer is not satisfied that the applicant is |
| 20 | | qualified,
he shall forthwith in writing notify such applicant |
| 21 | | to appear before the
County Clerk to furnish further proof of |
| 22 | | his qualifications. Upon the
card of such applicant shall be |
| 23 | | written the word "Incomplete" and no
such applicant shall be |
| 24 | | permitted to vote unless such registration is
satisfactorily |
| 25 | | completed as hereinafter provided. No registration shall
be |
| 26 | | taken and marked as "incomplete" if information to complete it |
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| 1 | | can be
furnished on the date of the original application.
|
| 2 | | Any person claiming to be an elector in any election |
| 3 | | precinct in such
township, city, village or incorporated town |
| 4 | | and whose registration is
marked "Incomplete" may make and sign |
| 5 | | an application in writing, under
oath, to the County Clerk in |
| 6 | | substance in the following form:
|
| 7 | | "I do solemnly swear that I, .........., did on (insert |
| 8 | | date) make application to the Board of Registry of the ........
|
| 9 | | precinct of ........ ward of the City of .... or of the |
| 10 | | ......... District
......... Town of .......... (or to the |
| 11 | | County Clerk of .............) and
............ County; that |
| 12 | | said Board or Clerk refused to complete my
registration as a |
| 13 | | qualified voter in said precinct, that I reside in said
|
| 14 | | precinct (or that I intend to reside in said precinct), am a |
| 15 | | duly qualified
voter and entitled to vote in said precinct at |
| 16 | | the next election.
|
| 17 | | ...........................
|
| 18 | | (Signature of Applicant)"
|
| 19 | | All such applications shall be presented to the County |
| 20 | | Clerk by the
applicant, in person between the hours of nine |
| 21 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
| 22 | | the third week subsequent to
the weeks in which the 1961 and |
| 23 | | 1962 precinct re-registrations are to be
held, and thereafter |
| 24 | | for the registration provided in Section 5-17 of
this Article, |
| 25 | | all such applications shall be presented to the County
Clerk by |
| 26 | | the applicant in person between the hours of nine o'clock a.m.
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| 1 | | and nine o'clock p.m. on Monday and Tuesday of the third week
|
| 2 | | prior to the date on which such election is to be held.
|
| 3 | | Any otherwise qualified person who is absent from his |
| 4 | | county of
residence either due to business of the United States |
| 5 | | or because he is
temporarily outside the territorial limits of |
| 6 | | the United States may
become registered by mailing an |
| 7 | | application to the county clerk within
the periods of |
| 8 | | registration provided for in this Article or by simultaneous
|
| 9 | | application for absentee registration and absentee ballot as |
| 10 | | provided in
Article 20 of this Code.
|
| 11 | | Upon receipt of such application the county clerk shall |
| 12 | | immediately
mail an affidavit of registration in duplicate, |
| 13 | | which affidavit shall
contain the following and such other |
| 14 | | information as the State Board of
Elections may think it proper |
| 15 | | to require for the identification of the
applicant:
|
| 16 | | Name. The name of the applicant, giving surname and first |
| 17 | | or
Christian name in full, and the middle name or the initial |
| 18 | | for such
middle name, if any.
|
| 19 | | Sex.
|
| 20 | | Residence. The name and number of the street, avenue or |
| 21 | | other
location of the dwelling, and such additional clear and |
| 22 | | definite
description as may be necessary to determine the exact |
| 23 | | location of the
dwelling of the applicant. Where the location |
| 24 | | cannot be determined by
street and number, then the Section, |
| 25 | | congressional township and range
number may be used, or such |
| 26 | | other information as may be necessary,
including post office |
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| 1 | | mailing address.
|
| 2 | | Electronic mail address, if the registrant has provided |
| 3 | | this information. |
| 4 | | Term of residence in the State of Illinois and the |
| 5 | | precinct.
|
| 6 | | Nativity. The State or country in which the applicant was |
| 7 | | born.
|
| 8 | | Citizenship. Whether the applicant is native born or |
| 9 | | naturalized. If
naturalized, the court, place and date of |
| 10 | | naturalization.
|
| 11 | | Age. Date of birth, by month, day and year.
|
| 12 | | Out of State address of ..........................
|
| 13 | | AFFIDAVIT OF REGISTRATION
|
| 14 | | State of .........)
|
| 15 | | )ss
|
| 16 | | County of ........)
|
| 17 | | I hereby swear (or affirm) that I am a citizen of the |
| 18 | | United States;
that on the day of the next election I shall |
| 19 | | have resided in the State
of Illinois for 6 months and in the |
| 20 | | election precinct 30 days; that I am
fully qualified to vote, |
| 21 | | that I am not registered to vote anywhere else
in the United |
| 22 | | States, that I intend to remain a resident of the State of
|
| 23 | | Illinois and of the election precinct, that I intend to return |
| 24 | | to the State
of Illinois, and that the above statements are |
| 25 | | true.
|
| 26 | | ..............................
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| 1 | | (His or her signature or mark)
|
| 2 | | Subscribed and sworn to before me, an officer qualified to |
| 3 | | administer
oaths, on (insert date).
|
| 4 | | ........................................
|
| 5 | | Signature of officer administering oath.
|
| 6 | | Upon receipt of the executed duplicate affidavit of |
| 7 | | Registration, the
county clerk shall transfer the information |
| 8 | | contained thereon to
duplicate Registration Cards provided for |
| 9 | | in Section 5-7 of this Article
and shall attach thereto a copy |
| 10 | | of each of the duplicate affidavit of
registration and |
| 11 | | thereafter such registration card and affidavit shall
|
| 12 | | constitute the registration of such person the same as if he |
| 13 | | had applied
for registration in person.
|
| 14 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 15 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
| 16 | | revised 8-9-13.)
|
| 17 | | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
|
| 18 | | Sec. 10-4. Form of petition for nomination. All petitions |
| 19 | | for nomination
under this Article 10 for
candidates for public |
| 20 | | office in this State, shall in addition to other
requirements |
| 21 | | provided by law, be as follows: Such petitions shall
consist of |
| 22 | | sheets of uniform size and each sheet shall contain, above
the |
| 23 | | space for signature, an appropriate heading, giving the |
| 24 | | information
as to name of candidate or candidates in whose |
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| 1 | | behalf such petition is
signed; the office; the party; place of |
| 2 | | residence; and such other
information or wording as required to |
| 3 | | make same valid, and the heading
of each sheet shall be the |
| 4 | | same. Such petition shall be signed by the
qualified voters in |
| 5 | | their own proper persons only, and opposite the
signature of |
| 6 | | each signer his residence address shall be written or
printed. |
| 7 | | The residence address required to be written or printed
|
| 8 | | opposite each qualified primary elector's name shall include |
| 9 | | the street
address or rural route number of the signer, as the |
| 10 | | case may be, as well as
the signer's county, and city, village |
| 11 | | or town, and state. However,
the county or city, village or
|
| 12 | | town, and state of residence of such electors may be printed on |
| 13 | | the
petition forms where all of the such electors signing the |
| 14 | | petition
reside in the same county or city, village or town, |
| 15 | | and state. Standard
abbreviations may be used in writing the |
| 16 | | residence address, including
street number, if any. No |
| 17 | | signature shall be valid or be counted in
considering the |
| 18 | | validity or sufficiency of such petition unless the
|
| 19 | | requirements of this Section are complied with. At the bottom |
| 20 | | of each
sheet of such petition shall be added a circulator's |
| 21 | | statement, signed by a
person 18
years of age or older who is a |
| 22 | | citizen of the United States; stating the street address or |
| 23 | | rural route
number, as the case may be, as well as the county,
|
| 24 | | city,
village or town, and state; certifying that the |
| 25 | | signatures on that sheet of
the petition
were signed in his or |
| 26 | | her presence; certifying that the signatures are
genuine;
and |
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| 1 | | either (1) indicating the dates on which that sheet was |
| 2 | | circulated, or (2)
indicating the first and last dates on which |
| 3 | | the sheet was circulated, or (3)
certifying that none of the |
| 4 | | signatures on the sheet were signed more than 90
days preceding |
| 5 | | the last day for the filing of the petition; and
certifying
|
| 6 | | that to the best of his knowledge and belief the persons so |
| 7 | | signing were at the
time of signing the petition duly |
| 8 | | registered voters under Articles 4, 5 or 6 of
the Code of the |
| 9 | | political subdivision or district for which the candidate or
|
| 10 | | candidates shall be nominated, and certifying that their |
| 11 | | respective residences
are correctly stated therein. Such |
| 12 | | statement shall be sworn to before some
officer authorized to |
| 13 | | administer oaths in this State. No petition sheet shall
be |
| 14 | | circulated more than 90 days preceding the last day provided in |
| 15 | | Section 10-6
for the filing of such petition. Such sheets, |
| 16 | | before being presented to the
electoral board or filed with the |
| 17 | | proper officer of the electoral district or
division of the |
| 18 | | state or municipality, as the case may be, shall be neatly
|
| 19 | | fastened together in book form, by placing the sheets in a pile |
| 20 | | and fastening
them together at one edge in a secure and |
| 21 | | suitable manner, and the sheets shall
then be numbered |
| 22 | | consecutively. The sheets shall not be fastened by pasting
them |
| 23 | | together end to end, so as to form a continuous strip or roll. |
| 24 | | All
petition sheets which are filed with the proper local |
| 25 | | election officials,
election authorities or the State Board of |
| 26 | | Elections shall be the original
sheets which have been signed |
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| 1 | | by the voters and by the circulator, and not
photocopies or |
| 2 | | duplicates of such sheets. A petition, when presented or
filed, |
| 3 | | shall not be withdrawn, altered, or added to, and no signature |
| 4 | | shall be
revoked except by revocation in writing presented or |
| 5 | | filed with the officers or
officer with whom the petition is |
| 6 | | required to be presented or filed, and before
the presentment |
| 7 | | or filing of such petition. Whoever forges any name of a
signer |
| 8 | | upon any petition shall be deemed guilty of a forgery, and on |
| 9 | | conviction
thereof, shall be punished accordingly. The word |
| 10 | | "petition" or "petition for
nomination", as used herein, shall |
| 11 | | mean what is sometimes known as nomination
papers, in |
| 12 | | distinction to what is known as a certificate of nomination. |
| 13 | | The
words "political division for which the candidate is |
| 14 | | nominated", or its
equivalent, shall mean the largest political |
| 15 | | division in which all qualified
voters may vote upon such |
| 16 | | candidate or candidates, as the state in the case of
state |
| 17 | | officers; the township in the case of township officers et |
| 18 | | cetera.
Provided, further, that no person shall circulate or |
| 19 | | certify petitions for
candidates of more than one political |
| 20 | | party, or for an independent candidate or
candidates in |
| 21 | | addition to one political party, to be voted upon at the next
|
| 22 | | primary or general election, or for such candidates and parties |
| 23 | | with respect to
the same political subdivision at the next |
| 24 | | consolidated election.
|
| 25 | | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; |
| 26 | | revised 9-4-13.)
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| 1 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
| 2 | | Sec. 19-4. Mailing or delivery of ballots; time. ballots - |
| 3 | | Time.) Immediately upon
the receipt of such application either |
| 4 | | by mail or electronic means, not more than 40 days
nor less |
| 5 | | than 5 days prior to such election, or by personal delivery not
|
| 6 | | more than 40 days nor less than one day prior to such election, |
| 7 | | at the
office of such election authority, it shall be the duty |
| 8 | | of such election
authority to examine the records to ascertain |
| 9 | | whether or not such
applicant is lawfully entitled to vote as
|
| 10 | | requested, including a verification of the applicant's |
| 11 | | signature by comparison with the signature on the official |
| 12 | | registration record card, and if found so to be entitled to |
| 13 | | vote, to post within one business day thereafter
the name, |
| 14 | | street address,
ward and precinct number or township and |
| 15 | | district number, as the case may be,
of such applicant given on |
| 16 | | a list, the pages of which are to be numbered
consecutively to |
| 17 | | be kept by such election authority for such purpose in a
|
| 18 | | conspicuous, open and public place accessible to the public at |
| 19 | | the entrance of
the office of such election authority, and in |
| 20 | | such a manner that such list may
be viewed without necessity of |
| 21 | | requesting permission therefor. Within one
day after posting |
| 22 | | the name and other information of an applicant for
an absentee |
| 23 | | ballot, the election authority shall transmit by electronic |
| 24 | | means pursuant to a process established by the State Board of |
| 25 | | Elections that name and other
posted information to the State |
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| 1 | | Board of Elections, which shall maintain those
names and other |
| 2 | | information in an electronic format on its website, arranged by
|
| 3 | | county and accessible to State and local political committees. |
| 4 | | Within 2
business days after posting a name and other |
| 5 | | information on the list within
its
office, the election |
| 6 | | authority shall mail,
postage prepaid, or deliver in person in |
| 7 | | such office an official ballot
or ballots if more than one are |
| 8 | | to be voted at said election. Mail delivery
of Temporarily |
| 9 | | Absent Student ballot applications pursuant to Section
19-12.3 |
| 10 | | shall be by nonforwardable mail. However,
for the consolidated |
| 11 | | election, absentee ballots for certain precincts may
be |
| 12 | | delivered to applicants not less than 25 days before the |
| 13 | | election if
so much time is required to have prepared and |
| 14 | | printed the ballots containing
the names of persons nominated |
| 15 | | for offices at the consolidated primary.
The election authority |
| 16 | | shall enclose with each absentee ballot or
application written |
| 17 | | instructions on how voting assistance shall be provided
|
| 18 | | pursuant to Section 17-14 and a document, written and approved |
| 19 | | by the State
Board of Elections,
enumerating
the circumstances |
| 20 | | under which a person is authorized to vote by absentee
ballot |
| 21 | | pursuant to this Article; such document shall also include a
|
| 22 | | statement informing the applicant that if he or she falsifies |
| 23 | | or is
solicited by another to falsify his or her
eligibility to |
| 24 | | cast an absentee ballot, such applicant or other is subject
to
|
| 25 | | penalties pursuant to Section 29-10 and Section 29-20 of the |
| 26 | | Election Code.
Each election authority shall maintain a list of |
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| 1 | | the name, street address,
ward and
precinct, or township and |
| 2 | | district number, as the case may be, of all
applicants who have |
| 3 | | returned absentee ballots to such authority, and the name of |
| 4 | | such absent voter shall be added to such list
within one |
| 5 | | business day from receipt of such ballot.
If the absentee |
| 6 | | ballot envelope indicates that the voter was assisted in
|
| 7 | | casting the ballot, the name of the person so assisting shall |
| 8 | | be included on
the list. The list, the pages of which are to be |
| 9 | | numbered consecutively,
shall be kept by each election |
| 10 | | authority in a conspicuous, open, and public
place accessible |
| 11 | | to the public at the entrance of the office of the election
|
| 12 | | authority and in a manner that the list may be viewed without |
| 13 | | necessity of
requesting permission for viewing.
|
| 14 | | Each election authority shall maintain a list for each |
| 15 | | election
of the
voters to whom it has issued absentee ballots. |
| 16 | | The list shall be
maintained for each precinct within the |
| 17 | | jurisdiction of the election
authority. Prior to the opening of |
| 18 | | the polls on election day, the
election authority shall deliver |
| 19 | | to the judges of election in each
precinct the list of |
| 20 | | registered voters in that precinct to whom absentee
ballots |
| 21 | | have been issued by mail.
|
| 22 | | Each election authority shall maintain a list for each |
| 23 | | election of
voters to whom it has issued temporarily absent |
| 24 | | student ballots. The list
shall be maintained for each election |
| 25 | | jurisdiction within which such voters
temporarily abide. |
| 26 | | Immediately after the close of the period during which
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| 1 | | application may be made by mail or electronic means for |
| 2 | | absentee ballots, each election
authority shall mail to each |
| 3 | | other election authority within the State a
certified list of |
| 4 | | all such voters temporarily abiding within the
jurisdiction of |
| 5 | | the other election authority.
|
| 6 | | In the event that the return address of an
application for |
| 7 | | ballot by a physically incapacitated elector
is that of a |
| 8 | | facility licensed or certified under the Nursing Home Care
Act, |
| 9 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
| 10 | | the ID/DD Community Care Act, within the jurisdiction of the |
| 11 | | election authority, and the applicant
is a registered voter in |
| 12 | | the precinct in which such facility is located,
the ballots |
| 13 | | shall be prepared and transmitted to a responsible judge of
|
| 14 | | election no later than 9 a.m. on the Saturday, Sunday or Monday |
| 15 | | immediately
preceding the election as designated by the |
| 16 | | election authority under
Section 19-12.2. Such judge shall |
| 17 | | deliver in person on the designated day
the ballot to the |
| 18 | | applicant on the premises of the facility from which
|
| 19 | | application was made. The election authority shall by mail |
| 20 | | notify the
applicant in such facility that the ballot will be |
| 21 | | delivered by a judge of
election on the designated day.
|
| 22 | | All applications for absentee ballots shall be available at |
| 23 | | the office
of the election authority for public inspection upon |
| 24 | | request from the
time of receipt thereof by the election |
| 25 | | authority until 30 days after the
election, except during the |
| 26 | | time such applications are kept in the
office of the election |
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| 1 | | authority pursuant to Section 19-7, and except during
the time |
| 2 | | such applications are in the possession of the judges of |
| 3 | | election.
|
| 4 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 5 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; |
| 6 | | revised 8-9-13.)
|
| 7 | | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
|
| 8 | | Sec. 24A-15.1. Except as herein provided, discovery |
| 9 | | recounts and election
contests shall be conducted as otherwise |
| 10 | | provided for in "The Election Code",
as amended. The automatic |
| 11 | | tabulating equipment shall be tested prior to the
discovery |
| 12 | | recount or election contest as provided in Section 24A-9, and
|
| 13 | | then the official ballots or ballot cards shall be recounted on |
| 14 | | the
automatic tabulating equipment. In addition, (1) the ballot |
| 15 | | or ballot cards
shall be checked for the presence or absence of |
| 16 | | judges' initials and other
distinguishing marks, and (2) the |
| 17 | | ballots marked "Rejected", "Defective",
Objected to",
|
| 18 | | "Absentee Ballot", and "Early Ballot" shall be
examined
to |
| 19 | | determine the
propriety of the such labels, and (3) the |
| 20 | | "Duplicate Absentee Ballots",
"Duplicate Early Ballots",
|
| 21 | | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" |
| 22 | | shall be
compared with their respective originals to determine |
| 23 | | the correctness of
the duplicates.
|
| 24 | | Any person who has filed a petition for discovery recount |
| 25 | | may request that
a redundant count be conducted in those |
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| 1 | | precincts in which the discovery
recount is being conducted. |
| 2 | | The additional costs of such a redundant count
shall be borne |
| 3 | | by the requesting party.
|
| 4 | | The log of the computer operator and all materials retained |
| 5 | | by the election
authority in relation to vote tabulation and |
| 6 | | canvass shall be made available
for any discovery recount or |
| 7 | | election contest.
|
| 8 | | (Source: P.A. 94-645, eff. 8-22-05; revised 9-4-13.)
|
| 9 | | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
| 10 | | Sec. 24A-16. The State Board of Elections shall approve all |
| 11 | | voting
systems provided by this Article. |
| 12 | | No voting system shall be approved
unless it fulfills the |
| 13 | | following requirements:
|
| 14 | | (1) It enables a voter to vote in absolute secrecy;
|
| 15 | | (2) (Blank);
|
| 16 | | (3) It enables a voter to vote a ticket selected in |
| 17 | | part from the
nominees of one party, and in part from the |
| 18 | | nominees of any or all parties,
and in part from |
| 19 | | independent candidates and in part of candidates whose
|
| 20 | | names are written in by the voter;
|
| 21 | | (4) It enables a voter to vote a written or printed |
| 22 | | ticket of his own
selection for any person for any office |
| 23 | | for whom he may desire to vote;
|
| 24 | | (5) It will reject all votes for an office or upon a |
| 25 | | proposition when
the voter has cast more votes for such |
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| 1 | | office or upon such proposition than
he is entitled to |
| 2 | | cast;
|
| 3 | | (5.5) It will identify when a voter has not voted for |
| 4 | | all statewide constitutional offices;
|
| 5 | | (6) It will accommodate all propositions to be |
| 6 | | submitted to the voters
in the form provided by law or, |
| 7 | | where no such form is provided, then in
brief form, not to |
| 8 | | exceed 75 words; .
|
| 9 | | (7) It will accommodate the tabulation programming |
| 10 | | requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2. |
| 11 | | The State Board of Elections shall not approve any voting |
| 12 | | equipment or system that includes an external Infrared Data |
| 13 | | Association (IrDA) communications port.
|
| 14 | | The State Board of Elections is authorized to withdraw its |
| 15 | | approval of a
voting system if the system fails to fulfill the |
| 16 | | above requirements.
|
| 17 | | The vendor, person, or other private entity shall be solely |
| 18 | | responsible for the production and cost of: all application |
| 19 | | fees; all ballots; additional temporary workers; and other |
| 20 | | equipment or facilities needed and used in the testing of the |
| 21 | | vendor's, person's, or other private entity's respective |
| 22 | | equipment and software.
|
| 23 | | Any voting system vendor, person, or other private entity |
| 24 | | seeking the State Board of Elections' approval of a voting |
| 25 | | system shall, as part of the approval application, submit to |
| 26 | | the State Board a non-refundable fee. The State Board of |
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| 1 | | Elections by rule shall establish an appropriate fee structure, |
| 2 | | taking into account the type of voting system approval that is |
| 3 | | requested (such as approval of a new system, a modification of |
| 4 | | an existing system, the size of the modification, etc.). No |
| 5 | | voting system or modification of a voting system shall be |
| 6 | | approved unless the fee is paid.
|
| 7 | | No vendor, person, or other entity may sell, lease, or |
| 8 | | loan, or have a written contract, including a contract |
| 9 | | contingent upon State Board approval of the voting system or |
| 10 | | voting system component, to sell, lease, or loan, a voting
|
| 11 | | system or voting system component to any election jurisdiction |
| 12 | | unless the
voting system or voting system component is first |
| 13 | | approved by the State
Board of Elections pursuant to this |
| 14 | | Section.
|
| 15 | | (Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
|
| 16 | | (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
|
| 17 | | Sec. 28-3. Form of petition for public question. Petitions |
| 18 | | for the
submission of public questions shall
consist of sheets |
| 19 | | of uniform size and each sheet shall contain, above
the space |
| 20 | | for signature, an appropriate heading, giving the information
|
| 21 | | as to the question of public policy to be submitted, and |
| 22 | | specifying the
state at large or the political subdivision or |
| 23 | | district or precinct or
combination of precincts or other |
| 24 | | territory in which it is to be submitted and,
where by law the |
| 25 | | public question must be submitted at a particular election,
the |
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| 1 | | election at which it is to be submitted. In the case of a |
| 2 | | petition for the
submission of a public question described in |
| 3 | | subsection (b) of Section 28-6,
the heading shall also specify |
| 4 | | the regular election at which the question is to
be submitted |
| 5 | | and include the precincts included in the territory concerning
|
| 6 | | which the public question is to be submitted, as well as a |
| 7 | | common description
of such territory in plain and nonlegal |
| 8 | | language, such description to describe
the territory by |
| 9 | | reference to streets, natural or artificial landmarks,
|
| 10 | | addresses or any other method which would enable a voter |
| 11 | | signing the petition
to be informed of the territory concerning |
| 12 | | which the question is to be
submitted. The heading of each |
| 13 | | sheet shall be the same. Such petition shall be
signed by the |
| 14 | | registered voters of the political subdivision or district or
|
| 15 | | precinct or combination of precincts in which the question of |
| 16 | | public policy is
to be submitted in their own proper persons |
| 17 | | only, and opposite the
signature of each signer his residence |
| 18 | | address shall be written or
printed, which residence address |
| 19 | | shall include the street address or
rural route number of the |
| 20 | | signer, as the case may be, as well as the
signer's county, and |
| 21 | | city, village or town, and state; provided that
the county or |
| 22 | | city, village or
town, and state of residence of such electors |
| 23 | | may be printed on the
petition forms where all of the such |
| 24 | | electors signing the petition
reside in the same county or |
| 25 | | city, village or town, and state. Standard
abbreviations may be |
| 26 | | used in writing the residence address, including
street number, |
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| 1 | | if any. No signature shall be valid or be counted in
|
| 2 | | considering the validity or sufficiency of such petition unless |
| 3 | | the
requirements of this Section are complied with.
|
| 4 | | At the bottom of each sheet of such petition shall be added |
| 5 | | a
circulator's statement, signed by a person 18 years of age or |
| 6 | | older who
is a citizen of the United States, stating the street |
| 7 | | address or rural route
number, as the case may be, as well as |
| 8 | | the county,
city,
village or town, and state; certifying that |
| 9 | | the signatures on that sheet of
the
petition were signed in his |
| 10 | | or her presence and are genuine, and that to
the best
of his or |
| 11 | | her knowledge and belief the persons so signing were at the |
| 12 | | time
of
signing the petition registered voters of the political |
| 13 | | subdivision or
district or precinct or combination of precincts |
| 14 | | in which the question of
public policy is to be submitted and |
| 15 | | that their respective residences are
correctly stated therein. |
| 16 | | Such statement shall be sworn to before some
officer authorized |
| 17 | | to administer oaths in this State.
|
| 18 | | Such sheets, before being filed with the proper officer or |
| 19 | | board
shall be bound securely and numbered consecutively. The |
| 20 | | sheets shall not be
fastened by pasting them together end to |
| 21 | | end, so as to form a continuous strip
or roll. All petition |
| 22 | | sheets which are filed with the proper local election
|
| 23 | | officials, election authorities or the State Board of Elections |
| 24 | | shall be the
original sheets which have been signed by the |
| 25 | | voters and by the circulator, and
not photocopies or duplicates |
| 26 | | of such sheets. A petition, when presented or
filed, shall not |
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| 1 | | be withdrawn, altered, or added to, and no signature shall be
|
| 2 | | revoked except by revocation in writing presented or filed with |
| 3 | | the board or
officer with whom the petition is required to be |
| 4 | | presented or filed, and before
the presentment or filing of |
| 5 | | such petition, except as may otherwise be provided
in another |
| 6 | | statute which authorize the public question. Whoever forges any |
| 7 | | name
of a signer upon any petition shall be deemed guilty of a |
| 8 | | forgery, and on
conviction thereof, shall be punished |
| 9 | | accordingly.
|
| 10 | | In addition to the foregoing requirements, a petition |
| 11 | | proposing an amendment
to Article IV of the Constitution |
| 12 | | pursuant to Section 3 of Article XIV of
the Constitution or a |
| 13 | | petition proposing a question of public policy to
be submitted |
| 14 | | to the voters of the entire State shall be in conformity with
|
| 15 | | the requirements of Section 28-9 of this Article.
|
| 16 | | If multiple sets of petitions for submission of the same |
| 17 | | public
questions are filed, the State Board of Elections, |
| 18 | | appropriate election
authority or local election official |
| 19 | | where the petitions are filed shall
within 2 business days |
| 20 | | notify the proponent of his or her multiple petition
filings |
| 21 | | and that proponent has 3 business days after receipt of the |
| 22 | | notice
to notify the State Board of Elections, appropriate |
| 23 | | election authority or
local election official that he or she |
| 24 | | may cancel prior sets of petitions.
If the proponent notifies |
| 25 | | the State Board of Elections, appropriate
election authority or |
| 26 | | local election official, the last set of petitions
filed shall |
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| 1 | | be the only petitions to be considered valid by the State Board
|
| 2 | | of Elections, appropriate election authority or local election |
| 3 | | official. If the
proponent fails to notify the State Board of |
| 4 | | Elections, appropriate
election authority or local election |
| 5 | | official then only the first set of
petitions filed shall be |
| 6 | | valid and all subsequent petitions shall be void.
|
| 7 | | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; |
| 8 | | revised 9-12-13.)
|
| 9 | | Section 40. The Executive Reorganization Implementation |
| 10 | | Act is amended by changing Section 5 as follows:
|
| 11 | | (15 ILCS 15/5) (from Ch. 127, par. 1805)
|
| 12 | | Sec. 5.
An executive order of the Governor proposing |
| 13 | | reorganization may
not provide for, and a reorganization under |
| 14 | | this Act may not have the effect of:
|
| 15 | | (a) continuing Continuing any function beyond the period |
| 16 | | authorized by law for its
exercise, or beyond the time when it |
| 17 | | would have terminated if the reorganization
had not been made;
|
| 18 | | (b) authorizing Authorizing any agency to exercise any |
| 19 | | function which is not expressly
authorized by law to be |
| 20 | | exercised by an agency in the executive branch when
the |
| 21 | | executive order is transmitted to the General Assembly;
|
| 22 | | (c) increasing Increasing the term of any office beyond |
| 23 | | that provided by law for the office; or
|
| 24 | | (d) eliminating any qualifications of or procedures for |
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| 1 | | selecting or appointing
any agency or department head or |
| 2 | | commission or board member; or
|
| 3 | | (e) abolishing Abolishing any agency created by the |
| 4 | | Illinois Constitution, or transferring
to any other agency any |
| 5 | | function conferred by the Illinois Constitution
on an agency |
| 6 | | created by that Constitution.
|
| 7 | | (Source: P.A. 81-984; revised 9-4-13.)
|
| 8 | | Section 45. The Illinois Identification Card Act is amended |
| 9 | | by changing Section 4 as follows:
|
| 10 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
|
| 11 | | Sec. 4. Identification Card.
|
| 12 | | (a) The Secretary of State shall issue a
standard Illinois |
| 13 | | Identification Card to any natural person who is a resident
of |
| 14 | | the State of Illinois who applies for such card, or renewal |
| 15 | | thereof,
or who applies for a standard Illinois Identification |
| 16 | | Card upon release as a
committed person on parole, mandatory |
| 17 | | supervised release, aftercare release, final discharge, or
|
| 18 | | pardon from the Department of Corrections or Department of |
| 19 | | Juvenile Justice by submitting an identification card
issued by |
| 20 | | the Department of Corrections or Department of Juvenile Justice |
| 21 | | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of |
| 22 | | Corrections,
together with the prescribed fees. No |
| 23 | | identification card shall be issued to any person who holds a |
| 24 | | valid
foreign state
identification card, license, or permit |
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| 1 | | unless the person first surrenders to
the Secretary of
State |
| 2 | | the valid foreign state identification card, license, or |
| 3 | | permit. The card shall be prepared and
supplied by the |
| 4 | | Secretary of State and shall include a photograph and signature |
| 5 | | or mark of the
applicant. However, the Secretary of State may |
| 6 | | provide by rule for the issuance of Illinois Identification |
| 7 | | Cards without photographs if the applicant has a bona fide |
| 8 | | religious objection to being photographed or to the display of |
| 9 | | his or her photograph. The Illinois Identification Card may be |
| 10 | | used for
identification purposes in any lawful situation only |
| 11 | | by the person to
whom it was issued.
As used in this Act, |
| 12 | | "photograph" means any color photograph or digitally
produced |
| 13 | | and captured image of an applicant for an identification card. |
| 14 | | As
used in this Act, "signature" means the name of a person as |
| 15 | | written by that
person and captured in a manner acceptable to |
| 16 | | the Secretary of State. |
| 17 | | (a-5) If an applicant for an identification card has a |
| 18 | | current driver's license or instruction permit issued by the |
| 19 | | Secretary of State, the Secretary may require the applicant to |
| 20 | | utilize the same residence address and name on the |
| 21 | | identification card, driver's license, and instruction permit |
| 22 | | records maintained by the Secretary. The Secretary may |
| 23 | | promulgate rules to implement this provision.
|
| 24 | | (a-10) If the applicant is a judicial officer as defined in |
| 25 | | Section 1-10 of the Judicial Privacy Act or a peace officer, |
| 26 | | the applicant may elect to have his or her office or work |
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| 1 | | address listed on the card instead of the applicant's residence |
| 2 | | or mailing address. The Secretary may promulgate rules to |
| 3 | | implement this provision. For the purposes of this subsection |
| 4 | | (a-10), "peace officer" means any person who by virtue of his |
| 5 | | or her office or public employment is vested by law with a duty |
| 6 | | to maintain public order or to make arrests for a violation of |
| 7 | | any penal statute of this State, whether that duty extends to |
| 8 | | all violations or is limited to specific violations. |
| 9 | | (b) The Secretary of State shall issue a special Illinois
|
| 10 | | Identification Card, which shall be known as an Illinois Person |
| 11 | | with a Disability
Identification Card, to any natural person |
| 12 | | who is a resident of the State
of Illinois, who is a person |
| 13 | | with a disability as defined in Section 4A of this Act,
who |
| 14 | | applies for such card, or renewal thereof. No Illinois Person |
| 15 | | with a Disability Identification Card shall be issued to any |
| 16 | | person who
holds a valid
foreign state identification card, |
| 17 | | license, or permit unless the person first
surrenders to the
|
| 18 | | Secretary of State the valid foreign state identification card, |
| 19 | | license, or
permit. The Secretary of State
shall charge no fee |
| 20 | | to issue such card. The card shall be prepared and
supplied by |
| 21 | | the Secretary of State, and shall include a photograph and |
| 22 | | signature or mark of the
applicant, a designation indicating |
| 23 | | that the card is an Illinois
Person with a Disability |
| 24 | | Identification Card, and shall include a comprehensible |
| 25 | | designation
of the type and classification of the applicant's |
| 26 | | disability as set out in
Section 4A of this Act. However, the |
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| 1 | | Secretary of State may provide by rule for the issuance of |
| 2 | | Illinois Person with a Disability Identification Cards without |
| 3 | | photographs if the applicant has a bona fide religious |
| 4 | | objection to being photographed or to the display of his or her |
| 5 | | photograph. If the applicant so requests, the card shall
|
| 6 | | include a description of the applicant's disability and any |
| 7 | | information
about the applicant's disability or medical |
| 8 | | history which the Secretary
determines would be helpful to the |
| 9 | | applicant in securing emergency medical
care. If a mark is used |
| 10 | | in lieu of a signature, such mark
shall be affixed to the card |
| 11 | | in the presence of two witnesses who attest to
the authenticity |
| 12 | | of the mark. The Illinois
Person with a Disability |
| 13 | | Identification Card may be used for identification purposes
in |
| 14 | | any lawful situation by the person to whom it was issued.
|
| 15 | | The Illinois Person with a Disability Identification Card |
| 16 | | may be used as adequate
documentation of disability in lieu of |
| 17 | | a physician's determination of
disability, a determination of |
| 18 | | disability from a physician assistant who has
been delegated |
| 19 | | the authority to make this determination by his or her
|
| 20 | | supervising physician, a determination of disability from an |
| 21 | | advanced practice
nurse who has a written collaborative |
| 22 | | agreement with a collaborating physician
that
authorizes the |
| 23 | | advanced practice nurse to make this determination, or any
|
| 24 | | other documentation
of disability whenever
any
State law
|
| 25 | | requires that a disabled person provide such documentation of |
| 26 | | disability,
however an Illinois Person with a Disability |
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| 1 | | Identification Card shall not qualify
the cardholder to |
| 2 | | participate in any program or to receive any benefit
which is |
| 3 | | not available to all persons with like disabilities.
|
| 4 | | Notwithstanding any other provisions of law, an Illinois Person |
| 5 | | with a Disability
Identification Card, or evidence that the |
| 6 | | Secretary of State has issued an
Illinois Person with a |
| 7 | | Disability Identification Card, shall not be used by any
person |
| 8 | | other than the person named on such card to prove that the |
| 9 | | person
named on such card is a disabled person or for any other |
| 10 | | purpose unless the
card is used for the benefit of the person |
| 11 | | named on such card, and the
person named on such card consents |
| 12 | | to such use at the time the card is so used.
|
| 13 | | An optometrist's determination of a visual disability |
| 14 | | under Section 4A of this Act is acceptable as documentation for |
| 15 | | the purpose of issuing an Illinois Person with a Disability |
| 16 | | Identification Card. |
| 17 | | When medical information is contained on an Illinois Person |
| 18 | | with a Disability
Identification Card, the Office of the |
| 19 | | Secretary of State shall not be
liable for any actions taken |
| 20 | | based upon that medical information.
|
| 21 | | (c) The Secretary of State shall provide
that each original |
| 22 | | or renewal Illinois Identification Card or Illinois
Person with |
| 23 | | a Disability Identification Card issued to a person under the |
| 24 | | age of 21
shall be of a distinct nature from those Illinois |
| 25 | | Identification Cards or
Illinois Person with a Disability |
| 26 | | Identification Cards issued to individuals 21
years of age or |
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| 1 | | older. The color designated for Illinois Identification
Cards |
| 2 | | or Illinois Person with a Disability Identification Cards for |
| 3 | | persons under
the age of 21 shall be at the discretion of the |
| 4 | | Secretary of State.
|
| 5 | | (c-1) Each original or renewal Illinois
Identification |
| 6 | | Card or Illinois Person with a Disability Identification Card |
| 7 | | issued to
a person under the age of 21 shall display the date |
| 8 | | upon which the person
becomes 18 years of age and the date upon |
| 9 | | which the person becomes 21 years of
age.
|
| 10 | | (c-3) The General Assembly recognizes the need to identify |
| 11 | | military veterans living in this State for the purpose of |
| 12 | | ensuring that they receive all of the services and benefits to |
| 13 | | which they are legally entitled, including healthcare, |
| 14 | | education assistance, and job placement. To assist the State in |
| 15 | | identifying these veterans and delivering these vital services |
| 16 | | and benefits, the Secretary of State is authorized to issue |
| 17 | | Illinois Identification Cards and Illinois Person with a |
| 18 | | Disability Identification Cards with the word "veteran" |
| 19 | | appearing on the face of the cards. This authorization is |
| 20 | | predicated on the unique status of veterans. The Secretary may |
| 21 | | not issue any other identification card which identifies an |
| 22 | | occupation, status, affiliation, hobby, or other unique |
| 23 | | characteristics of the identification card holder which is |
| 24 | | unrelated to the purpose of the identification card.
|
| 25 | | (c-5) Beginning on or before July 1, 2015, the Secretary of |
| 26 | | State shall designate a space on each original or renewal |
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| 1 | | identification card where, at the request of the applicant, the |
| 2 | | word "veteran" shall be placed. The veteran designation shall |
| 3 | | be available to a person identified as a veteran under |
| 4 | | subsection (b) of Section 5 of this Act who was discharged or |
| 5 | | separated under honorable conditions. |
| 6 | | (d) The Secretary of State may issue a Senior Citizen
|
| 7 | | discount card, to any natural person who is a resident of the |
| 8 | | State of
Illinois who is 60 years of age or older and who |
| 9 | | applies for such a card or
renewal thereof. The Secretary of |
| 10 | | State shall charge no fee to issue such
card. The card shall be |
| 11 | | issued in every county and applications shall be
made available |
| 12 | | at, but not limited to, nutrition sites, senior citizen
centers |
| 13 | | and Area Agencies on Aging. The applicant, upon receipt of such
|
| 14 | | card and prior to its use for any purpose, shall have affixed |
| 15 | | thereon in
the space provided therefor his signature or mark.
|
| 16 | | (e) The Secretary of State, in his or her discretion, may |
| 17 | | designate on each Illinois
Identification Card or Illinois |
| 18 | | Person with a Disability Identification Card a space where the |
| 19 | | card holder may place a sticker or decal, issued by the |
| 20 | | Secretary of State, of uniform size as the Secretary may |
| 21 | | specify, that shall indicate in appropriate language that the |
| 22 | | card holder has renewed his or her Illinois
Identification Card |
| 23 | | or Illinois Person with a Disability Identification Card. |
| 24 | | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, |
| 25 | | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, |
| 26 | | eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)
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| 1 | | Section 50. The State Comptroller Act is amended by |
| 2 | | changing Sections 10 and 10.10 as follows:
|
| 3 | | (15 ILCS 405/10) (from Ch. 15, par. 210)
|
| 4 | | Sec. 10. Warrants; procedure
Warrants-
Procedure. The |
| 5 | | powers and duties of the Comptroller comptroller as respects |
| 6 | | warrants are set
out in the Sections following this Section and |
| 7 | | preceding Section 11 Sections 10.01 through 10.15.
|
| 8 | | (Source: P.A. 77-2807; revised 9-4-13.)
|
| 9 | | (15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
|
| 10 | | Sec. 10.10.
(a) If any Comptroller's warrant is lost, |
| 11 | | mislaid or destroyed,
or becomes void after issuance, so that |
| 12 | | it cannot be presented for payment
by the person entitled |
| 13 | | thereto, the Comptroller, at any time before that
warrant is |
| 14 | | paid by the State Treasurer, but within 5 years of the
date of |
| 15 | | issuance, may issue a replacement warrant to the person |
| 16 | | entitled
thereto. If the original warrant was not cancelled or |
| 17 | | did not become void,
the Comptroller, before issuing the |
| 18 | | replacement warrant, shall issue a stop
payment order on the |
| 19 | | State Treasurer and receive a confirmation of the stop
payment |
| 20 | | order on the original warrant from the State Treasurer.
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| 21 | | (b) Only the person entitled to the original warrant, or |
| 22 | | his heirs or
legal representatives, or a third party to whom it |
| 23 | | was properly negotiated
or the heirs or legal representatives |
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| 1 | | of such party, may request a replacement
warrant. In the case |
| 2 | | of a warrant issued to a payee who dies before the
warrant is |
| 3 | | paid by the State Treasurer and whose estate has been probated
|
| 4 | | pursuant to law, the Comptroller, upon receipt of a certified |
| 5 | | copy of a
judicial order establishing the person or entity |
| 6 | | entitled to payment, may
issue a replacement warrant to such |
| 7 | | person or entity.
|
| 8 | | (c) Within 12 months from the date of issuance of the
|
| 9 | | original warrant, if the original warrant has not been canceled |
| 10 | | for redeposit,
the Comptroller may issue a replacement warrant |
| 11 | | on the original voucher drawing
upon the same fund and charging |
| 12 | | the same appropriation or other expenditure
authorization as |
| 13 | | the original warrant.
|
| 14 | | (d) Within 12 months from the date of issuance of the |
| 15 | | original
warrant, if the original warrant has been canceled for |
| 16 | | redeposit, and if the
issuance of the replacement warrant would |
| 17 | | not over-obligate the appropriation
or other expenditure |
| 18 | | authority against which it is drawn, the Comptroller may
issue |
| 19 | | the replacement warrant. If the original warrant was issued |
| 20 | | against
an appropriation or other expenditure authority which |
| 21 | | has lapsed, the
replacement warrant shall be drawn on the |
| 22 | | Warrant Escheat Fund. If the
appropriation or other |
| 23 | | obligational authority against which the replacement
warrant |
| 24 | | is drawn has not lapsed, the Comptroller shall notify the
|
| 25 | | originating agency of the request for a replacement warrant and |
| 26 | | shall
receive a replacement voucher from that agency before |
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| 1 | | drawing the
replacement warrant, which shall be drawn on the |
| 2 | | same fund and charged to
the same appropriation or other |
| 3 | | expenditure authority as the original warrant.
|
| 4 | | (e) Within 12 months from the date of issuance of the |
| 5 | | original
warrant, if the original warrant has been canceled for |
| 6 | | redeposit, the Comptroller
may not issue a replacement warrant |
| 7 | | where such issuance would over-obligate
the appropriation or |
| 8 | | other expenditure authority against which the original
warrant |
| 9 | | was drawn. Whenever the Comptroller is presented with a request
|
| 10 | | for a replacement warrant which may not be issued under the |
| 11 | | limitation of
this subsection, if the appropriation or other |
| 12 | | expenditure authority
against which the original warrant was |
| 13 | | drawn has not lapsed, the Comptroller
shall immediately inform |
| 14 | | the originating agency of the request and that
the request may |
| 15 | | not be honored because of the resulting
over-obligation, and |
| 16 | | shall request the agency to determine whether or not
that |
| 17 | | agency will take some corrective action before the applicable |
| 18 | | expenditure
authorization lapses. The originating agency shall |
| 19 | | respond to the Comptroller's
inquiry within 5 business days.
|
| 20 | | (f) After 12 months from the date of issuance of the
|
| 21 | | original warrant,
if the original warrant has not been |
| 22 | | cancelled for redeposit, the Comptroller
shall issue the |
| 23 | | replacement warrant on the Warrant Escheat Fund.
|
| 24 | | (f-5) After 5 years from the date of issuance of the |
| 25 | | original warrant but no later than 10 years after that date, |
| 26 | | the Comptroller may issue a replacement warrant on the Warrant |
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| 1 | | Escheat Fund to a person or entity entitled thereto, as those |
| 2 | | persons and entities are described in subsection (b) of this |
| 3 | | Section, if the following requirements are met: |
| 4 | | (1) the person or entity verifies that the person or |
| 5 | | entity is they are entitled to the original warrant; |
| 6 | | (2) in the case of a warrant that is not presented by |
| 7 | | the requestor, the paying agency certifies that the |
| 8 | | original payee is still entitled to the payment; and |
| 9 | | (3) the Comptroller's records are available and |
| 10 | | confirm that the warrant was not replaced. |
| 11 | | (g) Except as provided in this Section, requests for |
| 12 | | replacement warrants
for more than $500 shall show entitlement |
| 13 | | to such warrant by
including an affidavit, in writing, sworn |
| 14 | | before a person authorized to
administer oaths and |
| 15 | | affirmations, stating the loss or destruction of the
warrant, |
| 16 | | or the
fact that the warrant is void. However, when the written |
| 17 | | request for a
replacement warrant submitted by the person to |
| 18 | | whom the original warrant was
issued is accompanied by the |
| 19 | | original warrant, no affidavit is
required. Requests for |
| 20 | | replacement warrants for $500 or less shall show entitlement to |
| 21 | | such
warrant by submitting a written statement of the loss
or |
| 22 | | destruction of the warrant, or the fact that the warrant is |
| 23 | | void on an
application form prescribed by the Comptroller. If |
| 24 | | the person requesting the
replacement is in possession of the |
| 25 | | original warrant, or any part thereof, the
original warrant or |
| 26 | | the part thereof must accompany the request for
replacement. |
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| 1 | | The Comptroller shall then draw such replacement warrant, and |
| 2 | | the
treasurer
shall pay the replacement warrant. If at the time |
| 3 | | of a loss or destruction
a warrant was negotiated to a third |
| 4 | | party, however (which fact shall be
ascertained by the oath of |
| 5 | | the party making the application, or otherwise),
before the |
| 6 | | replacement warrant is drawn
by the Comptroller, the person |
| 7 | | requesting the replacement warrant must give
the Comptroller a |
| 8 | | bond or bonds with sufficient sureties, to be approved
by the |
| 9 | | Comptroller, when required by regulation of the Comptroller, |
| 10 | | payable
to the People of the State of Illinois, for the |
| 11 | | refunding of the
amount, together with all costs and charges, |
| 12 | | should the State afterwards
be compelled to pay the original |
| 13 | | warrant.
|
| 14 | | (Source: P.A. 98-411, eff. 8-16-13; revised 11-14-13.)
|
| 15 | | Section 55. The Illinois Act on the Aging is amended by |
| 16 | | changing Section 4.01 as follows:
|
| 17 | | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
|
| 18 | | Sec. 4.01. Additional powers and duties of the Department. |
| 19 | | In addition
to powers and duties otherwise provided by law, the |
| 20 | | Department shall have the
following powers and duties:
|
| 21 | | (1) To evaluate all programs, services, and facilities for |
| 22 | | the aged
and for minority senior citizens within the State and |
| 23 | | determine the extent
to which present public or private |
| 24 | | programs, services and facilities meet the
needs of the aged.
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| 1 | | (2) To coordinate and evaluate all programs, services, and |
| 2 | | facilities
for the Aging and for minority senior citizens |
| 3 | | presently furnished by State
agencies and make appropriate |
| 4 | | recommendations regarding such services, programs
and |
| 5 | | facilities to the Governor and/or the General Assembly.
|
| 6 | | (2-a) To request, receive, and share information |
| 7 | | electronically through the use of data-sharing agreements for |
| 8 | | the purpose of (i) establishing and verifying the initial and |
| 9 | | continuing eligibility of older adults to participate in |
| 10 | | programs administered by the Department; (ii) maximizing |
| 11 | | federal financial participation in State assistance |
| 12 | | expenditures; and (iii) investigating allegations of fraud or |
| 13 | | other abuse of publicly funded benefits. Notwithstanding any |
| 14 | | other law to the contrary, but only for the limited purposes |
| 15 | | identified in the preceding sentence, this paragraph (2-a) |
| 16 | | expressly authorizes the exchanges of income, identification, |
| 17 | | and other pertinent eligibility information by and among the |
| 18 | | Department and the Social Security Administration, the |
| 19 | | Department of Employment Security, the Department of |
| 20 | | Healthcare and Family Services, the Department of Human |
| 21 | | Services, the Department of Revenue, the Secretary of State, |
| 22 | | the U.S. Department of Veterans Affairs, and any other |
| 23 | | governmental entity. The confidentiality of information |
| 24 | | otherwise shall be maintained as required by law. In addition, |
| 25 | | the Department on Aging shall verify employment information at |
| 26 | | the request of a community care provider for the purpose of |
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| 1 | | ensuring program integrity under the Community Care Program. |
| 2 | | (3) To function as the sole State agency to develop a |
| 3 | | comprehensive
plan to meet the needs of the State's senior |
| 4 | | citizens and the State's
minority senior citizens.
|
| 5 | | (4) To receive and disburse State and federal funds made |
| 6 | | available
directly to the Department including those funds made |
| 7 | | available under the
Older Americans Act and the Senior |
| 8 | | Community Service Employment Program for
providing services |
| 9 | | for senior citizens and minority senior citizens or for
|
| 10 | | purposes related thereto, and shall develop and administer any |
| 11 | | State Plan
for the Aging required by federal law.
|
| 12 | | (5) To solicit, accept, hold, and administer in behalf of |
| 13 | | the State
any grants or legacies of money, securities, or |
| 14 | | property to the State of
Illinois for services to senior |
| 15 | | citizens and minority senior citizens or
purposes related |
| 16 | | thereto.
|
| 17 | | (6) To provide consultation and assistance to communities, |
| 18 | | area agencies
on aging, and groups developing local services |
| 19 | | for senior citizens and
minority senior citizens.
|
| 20 | | (7) To promote community education regarding the problems |
| 21 | | of senior
citizens and minority senior citizens through |
| 22 | | institutes, publications,
radio, television and the local |
| 23 | | press.
|
| 24 | | (8) To cooperate with agencies of the federal government in |
| 25 | | studies
and conferences designed to examine the needs of senior |
| 26 | | citizens and minority
senior citizens and to prepare programs |
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| 1 | | and facilities to meet those needs.
|
| 2 | | (9) To establish and maintain information and referral |
| 3 | | sources
throughout the State when not provided by other |
| 4 | | agencies.
|
| 5 | | (10) To provide the staff support that may reasonably be |
| 6 | | required
by the Council.
|
| 7 | | (11) To make and enforce rules and regulations necessary |
| 8 | | and proper
to the performance of its duties.
|
| 9 | | (12) To establish and fund programs or projects or |
| 10 | | experimental facilities
that are specially designed as |
| 11 | | alternatives to institutional care.
|
| 12 | | (13) To develop a training program to train the counselors |
| 13 | | presently
employed by the Department's aging network to provide |
| 14 | | Medicare
beneficiaries with counseling and advocacy in |
| 15 | | Medicare, private health
insurance, and related health care |
| 16 | | coverage plans. The Department shall
report to the General |
| 17 | | Assembly on the implementation of the training
program on or |
| 18 | | before December 1, 1986.
|
| 19 | | (14) To make a grant to an institution of higher learning |
| 20 | | to study the
feasibility of establishing and implementing an |
| 21 | | affirmative action
employment plan for the recruitment, |
| 22 | | hiring, training and retraining of
persons 60 or more years old |
| 23 | | for jobs for which their employment would not
be precluded by |
| 24 | | law.
|
| 25 | | (15) To present one award annually in each of the |
| 26 | | categories of community
service, education, the performance |
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| 1 | | and graphic arts, and the labor force
to outstanding Illinois |
| 2 | | senior citizens and minority senior citizens in
recognition of |
| 3 | | their individual contributions to either community service,
|
| 4 | | education, the performance and graphic arts, or the labor |
| 5 | | force. The awards
shall be presented to 4 senior citizens and |
| 6 | | minority senior citizens
selected from a list of 44 nominees |
| 7 | | compiled annually by
the Department. Nominations shall be |
| 8 | | solicited from senior citizens'
service providers, area |
| 9 | | agencies on aging, senior citizens'
centers, and senior |
| 10 | | citizens' organizations. The Department shall establish a |
| 11 | | central location within
the State to be designated as the |
| 12 | | Senior Illinoisans Hall of Fame for the
public display of all |
| 13 | | the annual awards, or replicas thereof.
|
| 14 | | (16) To establish multipurpose senior centers through area |
| 15 | | agencies on
aging and to fund those new and existing |
| 16 | | multipurpose senior centers
through area agencies on aging, the |
| 17 | | establishment and funding to begin in
such areas of the State |
| 18 | | as the Department shall designate by rule and as
specifically |
| 19 | | appropriated funds become available.
|
| 20 | | (17) To develop the content and format of the |
| 21 | | acknowledgment regarding
non-recourse reverse mortgage loans |
| 22 | | under Section 6.1 of the Illinois
Banking Act; to provide |
| 23 | | independent consumer information on reverse
mortgages and |
| 24 | | alternatives; and to refer consumers to independent
counseling |
| 25 | | services with expertise in reverse mortgages.
|
| 26 | | (18) To develop a pamphlet in English and Spanish which may |
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| 1 | | be used by
physicians licensed to practice medicine in all of |
| 2 | | its branches pursuant
to the Medical Practice Act of 1987, |
| 3 | | pharmacists licensed pursuant to the
Pharmacy Practice Act, and |
| 4 | | Illinois residents 65 years of age or
older for the purpose of |
| 5 | | assisting physicians, pharmacists, and patients in
monitoring |
| 6 | | prescriptions provided by various physicians and to aid persons
|
| 7 | | 65 years of age or older in complying with directions for |
| 8 | | proper use of
pharmaceutical prescriptions. The pamphlet may |
| 9 | | provide space for recording
information including but not |
| 10 | | limited to the following:
|
| 11 | | (a) name and telephone number of the patient;
|
| 12 | | (b) name and telephone number of the prescribing |
| 13 | | physician;
|
| 14 | | (c) date of prescription;
|
| 15 | | (d) name of drug prescribed;
|
| 16 | | (e) directions for patient compliance; and
|
| 17 | | (f) name and telephone number of dispensing pharmacy.
|
| 18 | | In developing the pamphlet, the Department shall consult |
| 19 | | with the
Illinois State Medical Society, the Center for |
| 20 | | Minority Health Services,
the Illinois Pharmacists Association |
| 21 | | and
senior citizens organizations. The Department shall |
| 22 | | distribute the
pamphlets to physicians, pharmacists and |
| 23 | | persons 65 years of age or older
or various senior citizen |
| 24 | | organizations throughout the State.
|
| 25 | | (19) To conduct a study of the feasibility of
implementing |
| 26 | | the Senior Companion Program throughout the State.
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| 1 | | (20) The reimbursement rates paid through the community |
| 2 | | care program
for chore housekeeping services and home care |
| 3 | | aides
shall be the same.
|
| 4 | | (21) From funds appropriated to the Department from the |
| 5 | | Meals on Wheels
Fund, a special fund in the State treasury that |
| 6 | | is hereby created, and in
accordance with State and federal |
| 7 | | guidelines and the intrastate funding
formula, to make grants |
| 8 | | to area agencies on aging, designated by the
Department, for |
| 9 | | the sole purpose of delivering meals to homebound persons 60
|
| 10 | | years of age and older.
|
| 11 | | (22) To distribute, through its area agencies on aging, |
| 12 | | information
alerting seniors on safety issues regarding |
| 13 | | emergency weather
conditions, including extreme heat and cold, |
| 14 | | flooding, tornadoes, electrical
storms, and other severe storm |
| 15 | | weather. The information shall include all
necessary |
| 16 | | instructions for safety and all emergency telephone numbers of
|
| 17 | | organizations that will provide additional information and |
| 18 | | assistance.
|
| 19 | | (23) To develop guidelines for the organization and |
| 20 | | implementation of
Volunteer Services Credit Programs to be |
| 21 | | administered by Area Agencies on
Aging or community based |
| 22 | | senior service organizations. The Department shall
hold public |
| 23 | | hearings on the proposed guidelines for public comment, |
| 24 | | suggestion,
and determination of public interest. The |
| 25 | | guidelines shall be based on the
findings of other states and |
| 26 | | of community organizations in Illinois that are
currently |
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| 1 | | operating volunteer services credit programs or demonstration
|
| 2 | | volunteer services credit programs. The Department shall offer |
| 3 | | guidelines for
all aspects of the programs including, but not |
| 4 | | limited to, the following:
|
| 5 | | (a) types of services to be offered by volunteers;
|
| 6 | | (b) types of services to be received upon the |
| 7 | | redemption of service
credits;
|
| 8 | | (c) issues of liability for the volunteers and the |
| 9 | | administering
organizations;
|
| 10 | | (d) methods of tracking service credits earned and |
| 11 | | service credits
redeemed;
|
| 12 | | (e) issues of time limits for redemption of service |
| 13 | | credits;
|
| 14 | | (f) methods of recruitment of volunteers;
|
| 15 | | (g) utilization of community volunteers, community |
| 16 | | service groups, and
other resources for delivering |
| 17 | | services to be received by service credit
program clients;
|
| 18 | | (h) accountability and assurance that services will be |
| 19 | | available to
individuals who have earned service credits; |
| 20 | | and
|
| 21 | | (i) volunteer screening and qualifications.
|
| 22 | | The Department shall submit a written copy of the guidelines to |
| 23 | | the General
Assembly by July 1, 1998.
|
| 24 | | (24) To function as the sole State agency to receive and |
| 25 | | disburse State and federal funds for providing adult protective |
| 26 | | services in a domestic living situation in accordance with the |
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| 1 | | Adult Protective Services Act. |
| 2 | | (25) (24) To hold conferences, trainings, and other |
| 3 | | programs for which the Department shall determine by rule a |
| 4 | | reasonable fee to cover related administrative costs. Rules to |
| 5 | | implement the fee authority granted by this paragraph (25) (24) |
| 6 | | must be adopted in accordance with all provisions of the |
| 7 | | Illinois Administrative Procedure Act and all rules and |
| 8 | | procedures of the Joint Committee on Administrative Rules; any |
| 9 | | purported rule not so adopted, for whatever reason, is |
| 10 | | unauthorized. |
| 11 | | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, |
| 12 | | eff. 8-16-13; revised 9-4-13.)
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| 13 | | Section 60. The Department of Central Management Services |
| 14 | | Law of the
Civil Administrative Code of Illinois is amended by |
| 15 | | changing Sections 405-120 and 405-335 as follows:
|
| 16 | | (20 ILCS 405/405-120) (was 20 ILCS 405/67.29)
|
| 17 | | Sec. 405-120. Hispanic, Asian-American, and bilingual |
| 18 | | employees. The
Department shall develop and implement plans to
|
| 19 | | increase the number of Hispanics employed by State government |
| 20 | | and the
number of bilingual persons employed in State |
| 21 | | government at supervisory,
technical, professional, and |
| 22 | | managerial levels.
|
| 23 | | The Department shall prepare and revise annually a State |
| 24 | | Hispanic Employment Plan and a State Asian-American Employment |
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| 1 | | Plan in consultation with individuals and organizations |
| 2 | | informed on these subjects, including the Hispanic Employment |
| 3 | | Plan Advisory Council and the Asian-American Employment Plan |
| 4 | | Advisory Council. The Department shall report to the General |
| 5 | | Assembly by February 1 of each year each State agency's |
| 6 | | activities in implementing the State Hispanic Employment Plan |
| 7 | | and the State Asian-American Employment Plan. |
| 8 | | (Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14; |
| 9 | | revised 10-8-13.)
|
| 10 | | (20 ILCS 405/405-335) |
| 11 | | Sec. 405-335. Illinois Transparency and Accountability |
| 12 | | Portal (ITAP).
|
| 13 | | (a) The Department, within 12 months after the effective |
| 14 | | date of this amendatory Act of the 96th General Assembly, shall |
| 15 | | establish and maintain a website, known as the Illinois |
| 16 | | Transparency and Accountability Portal (ITAP), with a |
| 17 | | full-time webmaster tasked with compiling and updating the ITAP |
| 18 | | database with information received from all State agencies as |
| 19 | | defined in this Section. Subject to appropriation, the |
| 20 | | full-time webmaster must also compile and update the ITAP |
| 21 | | database with information received from all counties, |
| 22 | | townships, library districts, and municipalities. |
| 23 | | (b) For purposes of this Section: |
| 24 | | "State agency" means the offices of the constitutional |
| 25 | | officers identified in Article V of the Illinois Constitution, |
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| 1 | | executive agencies, and departments, boards, commissions, and |
| 2 | | Authorities under the Governor. |
| 3 | | "Contracts" means payment obligations with vendors on file |
| 4 | | with the Office of the Comptroller to purchase goods and |
| 5 | | services exceeding $10,000 in value (or, in the case of |
| 6 | | professional or artistic services, exceeding $5,000 in value). |
| 7 | | "Appropriation" means line-item detail of spending |
| 8 | | approved by the General Assembly and Governor, categorized by |
| 9 | | object of expenditure. |
| 10 | | "Individual consultants" means temporary workers eligible |
| 11 | | to receive State benefits paid on a State payroll. |
| 12 | | "Recipients" means State agencies receiving |
| 13 | | appropriations. |
| 14 | | (c) The ITAP shall provide direct access to each of the |
| 15 | | following: |
| 16 | | (1) A database of all current State employees and |
| 17 | | individual consultants, except sworn law enforcement |
| 18 | | officers, sorted separately by: |
| 19 | | (i) Name. |
| 20 | | (ii) Employing State agency. |
| 21 | | (iii) Employing State division. |
| 22 | | (iv) Employment position title. |
| 23 | | (v) Current pay rate and year-to-date pay. |
| 24 | | (2) A database of all current State expenditures, |
| 25 | | sorted separately by agency, category, recipient, and |
| 26 | | Representative District. |
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| 1 | | (3) A database of all development assistance |
| 2 | | reportable pursuant to the Corporate Accountability for |
| 3 | | Tax Expenditures Act, sorted separately by tax credit |
| 4 | | category, taxpayer, and Representative District. |
| 5 | | (4) A database of all revocations and suspensions of |
| 6 | | State occupation and use tax certificates of registration |
| 7 | | and all revocations and suspensions of State professional |
| 8 | | licenses, sorted separately by name, geographic location, |
| 9 | | and certificate of registration number or license number, |
| 10 | | as applicable. Professional license revocations and |
| 11 | | suspensions shall be posted only if resulting from a |
| 12 | | failure to pay taxes, license fees, or child support. |
| 13 | | (5) A database of all current State contracts, sorted |
| 14 | | separately by contractor name, awarding officer or agency, |
| 15 | | contract value, and goods or services provided. |
| 16 | | (6) A database of all employees hired after the |
| 17 | | effective date of this amendatory Act of 2010, sorted |
| 18 | | searchably by each of the following at the time of |
| 19 | | employment: |
| 20 | | (i) Name. |
| 21 | | (ii) Employing State agency. |
| 22 | | (iii) Employing State division. |
| 23 | | (iv) Employment position title. |
| 24 | | (v) Current pay rate and year-to-date pay. |
| 25 | | (vi) County of employment location. |
| 26 | | (vii) Rutan status. |
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| 1 | | (viii) Status of position as subject to collective |
| 2 | | bargaining, subject to merit compensation, or exempt |
| 3 | | under Section 4d of the Personnel Code. |
| 4 | | (ix) Employment status as probationary, trainee, |
| 5 | | intern, certified, or exempt from certification. |
| 6 | | (x) Status as a military veteran. |
| 7 | | (7) A searchable database of all current county, |
| 8 | | township, library district, and municipal employees sorted |
| 9 | | separately by: |
| 10 | | (i) Employing unit of local government. |
| 11 | | (ii) Employment position title. |
| 12 | | (iii) Current pay rate and year-to-date pay. |
| 13 | | (8) A searchable database of all county, township, and |
| 14 | | municipal employees hired on or after the effective date of |
| 15 | | this amendatory Act of the 97th General Assembly, sorted |
| 16 | | separately by each of the following at the time of |
| 17 | | employment: |
| 18 | | (i) Employing unit of local government. |
| 19 | | (ii) Employment position title. |
| 20 | | (iii) Current pay rate and year-to-date pay. |
| 21 | | (9) A searchable database of all library district |
| 22 | | employees hired on or after August 9, 2013 (the effective |
| 23 | | date of Public Act 98-246) this amendatory Act of the 98th |
| 24 | | General Assembly, sorted separately by each of the |
| 25 | | following at the time of employment: |
| 26 | | (i) Employing unit of local government. |
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| 1 | | (ii) Employment position title. |
| 2 | | (iii) Current pay rate and year-to-date pay. |
| 3 | | (d) The ITAP shall include all information required to be |
| 4 | | published by subsection (c) of this Section that is available |
| 5 | | to the Department in a format the Department can compile and |
| 6 | | publish on the ITAP. The Department shall update the ITAP as |
| 7 | | additional information becomes available in a format that can |
| 8 | | be compiled and published on the ITAP by the Department. |
| 9 | | (e) Each State agency, county, township, library district, |
| 10 | | and municipality shall cooperate with the Department in |
| 11 | | furnishing the information necessary for the implementation of |
| 12 | | this Section within a timeframe specified by the Department. |
| 13 | | (f) Each county, township, library district, or |
| 14 | | municipality submitting information to be displayed on the |
| 15 | | Illinois Transparency and Accountability Portal (ITAP) is |
| 16 | | responsible for the accuracy of the information provided. |
| 17 | | (g) The Department, within 6 months after January 1, 2014 |
| 18 | | (the effective date of Public Act 98-283) this amendatory Act |
| 19 | | of the 98th General Assembly, shall distribute a spreadsheet or |
| 20 | | otherwise make data entry available to each State agency to |
| 21 | | facilitate the collection of data on the State's annual |
| 22 | | workforce characteristics, workforce compensation, and |
| 23 | | employee mobility. The Department shall determine the data to |
| 24 | | be collected by each State agency. Each State agency shall |
| 25 | | cooperate with the Department in furnishing the data necessary |
| 26 | | for the implementation of this subsection within the timeframe |
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| 1 | | specified by the Department. The Department shall publish the |
| 2 | | data received from each State agency on the ITAP or another |
| 3 | | open data site annually. |
| 4 | | (Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283, |
| 5 | | eff. 1-1-14; revised 9-4-13.)
|
| 6 | | Section 65. The Children and Family Services Act is amended |
| 7 | | by changing Section 5 as follows:
|
| 8 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
|
| 9 | | Sec. 5. Direct child welfare services; Department of |
| 10 | | Children and Family
Services. To provide direct child welfare |
| 11 | | services when not available
through other public or private |
| 12 | | child care or program facilities.
|
| 13 | | (a) For purposes of this Section:
|
| 14 | | (1) "Children" means persons found within the State who |
| 15 | | are under the
age of 18 years. The term also includes |
| 16 | | persons under age 21 who:
|
| 17 | | (A) were committed to the Department pursuant to |
| 18 | | the
Juvenile Court Act or the Juvenile Court Act of |
| 19 | | 1987, as amended, prior to
the age of 18 and who |
| 20 | | continue under the jurisdiction of the court; or
|
| 21 | | (B) were accepted for care, service and training by
|
| 22 | | the Department prior to the age of 18 and whose best |
| 23 | | interest in the
discretion of the Department would be |
| 24 | | served by continuing that care,
service and training |
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| 1 | | because of severe emotional disturbances, physical
|
| 2 | | disability, social adjustment or any combination |
| 3 | | thereof, or because of the
need to complete an |
| 4 | | educational or vocational training program.
|
| 5 | | (2) "Homeless youth" means persons found within the
|
| 6 | | State who are under the age of 19, are not in a safe and |
| 7 | | stable living
situation and cannot be reunited with their |
| 8 | | families.
|
| 9 | | (3) "Child welfare services" means public social |
| 10 | | services which are
directed toward the accomplishment of |
| 11 | | the following purposes:
|
| 12 | | (A) protecting and promoting the health, safety |
| 13 | | and welfare of
children,
including homeless, dependent |
| 14 | | or neglected children;
|
| 15 | | (B) remedying, or assisting in the solution
of |
| 16 | | problems which may result in, the neglect, abuse, |
| 17 | | exploitation or
delinquency of children;
|
| 18 | | (C) preventing the unnecessary separation of |
| 19 | | children
from their families by identifying family |
| 20 | | problems, assisting families in
resolving their |
| 21 | | problems, and preventing the breakup of the family
|
| 22 | | where the prevention of child removal is desirable and |
| 23 | | possible when the
child can be cared for at home |
| 24 | | without endangering the child's health and
safety;
|
| 25 | | (D) restoring to their families children who have |
| 26 | | been
removed, by the provision of services to the child |
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| 1 | | and the families when the
child can be cared for at |
| 2 | | home without endangering the child's health and
|
| 3 | | safety;
|
| 4 | | (E) placing children in suitable adoptive homes, |
| 5 | | in
cases where restoration to the biological family is |
| 6 | | not safe, possible or
appropriate;
|
| 7 | | (F) assuring safe and adequate care of children |
| 8 | | away from their
homes, in cases where the child cannot |
| 9 | | be returned home or cannot be placed
for adoption. At |
| 10 | | the time of placement, the Department shall consider
|
| 11 | | concurrent planning,
as described in subsection (l-1) |
| 12 | | of this Section so that permanency may
occur at the |
| 13 | | earliest opportunity. Consideration should be given so |
| 14 | | that if
reunification fails or is delayed, the |
| 15 | | placement made is the best available
placement to |
| 16 | | provide permanency for the child;
|
| 17 | | (G) (blank);
|
| 18 | | (H) (blank); and
|
| 19 | | (I) placing and maintaining children in facilities |
| 20 | | that provide
separate living quarters for children |
| 21 | | under the age of 18 and for children
18 years of age |
| 22 | | and older, unless a child 18 years of age is in the |
| 23 | | last
year of high school education or vocational |
| 24 | | training, in an approved
individual or group treatment |
| 25 | | program, in a licensed shelter facility,
or secure |
| 26 | | child care facility.
The Department is not required to |
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| 1 | | place or maintain children:
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| 2 | | (i) who are in a foster home, or
|
| 3 | | (ii) who are persons with a developmental |
| 4 | | disability, as defined in
the Mental
Health and |
| 5 | | Developmental Disabilities Code, or
|
| 6 | | (iii) who are female children who are |
| 7 | | pregnant, pregnant and
parenting or parenting, or
|
| 8 | | (iv) who are siblings, in facilities that |
| 9 | | provide separate living quarters for children 18
|
| 10 | | years of age and older and for children under 18 |
| 11 | | years of age.
|
| 12 | | (b) Nothing in this Section shall be construed to authorize |
| 13 | | the
expenditure of public funds for the purpose of performing |
| 14 | | abortions.
|
| 15 | | (c) The Department shall establish and maintain |
| 16 | | tax-supported child
welfare services and extend and seek to |
| 17 | | improve voluntary services
throughout the State, to the end |
| 18 | | that services and care shall be available
on an equal basis |
| 19 | | throughout the State to children requiring such services.
|
| 20 | | (d) The Director may authorize advance disbursements for |
| 21 | | any new program
initiative to any agency contracting with the |
| 22 | | Department. As a
prerequisite for an advance disbursement, the |
| 23 | | contractor must post a
surety bond in the amount of the advance |
| 24 | | disbursement and have a
purchase of service contract approved |
| 25 | | by the Department. The Department
may pay up to 2 months |
| 26 | | operational expenses in advance. The amount of the
advance |
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| 1 | | disbursement shall be prorated over the life of the contract
or |
| 2 | | the remaining months of the fiscal year, whichever is less, and |
| 3 | | the
installment amount shall then be deducted from future |
| 4 | | bills. Advance
disbursement authorizations for new initiatives |
| 5 | | shall not be made to any
agency after that agency has operated |
| 6 | | during 2 consecutive fiscal years.
The requirements of this |
| 7 | | Section concerning advance disbursements shall
not apply with |
| 8 | | respect to the following: payments to local public agencies
for |
| 9 | | child day care services as authorized by Section 5a of this |
| 10 | | Act; and
youth service programs receiving grant funds under |
| 11 | | Section 17a-4.
|
| 12 | | (e) (Blank).
|
| 13 | | (f) (Blank).
|
| 14 | | (g) The Department shall establish rules and regulations |
| 15 | | concerning
its operation of programs designed to meet the goals |
| 16 | | of child safety and
protection,
family preservation, family |
| 17 | | reunification, and adoption, including but not
limited to:
|
| 18 | | (1) adoption;
|
| 19 | | (2) foster care;
|
| 20 | | (3) family counseling;
|
| 21 | | (4) protective services;
|
| 22 | | (5) (blank);
|
| 23 | | (6) homemaker service;
|
| 24 | | (7) return of runaway children;
|
| 25 | | (8) (blank);
|
| 26 | | (9) placement under Section 5-7 of the Juvenile Court |
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| 1 | | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
| 2 | | Court Act of 1987 in
accordance with the federal Adoption |
| 3 | | Assistance and Child Welfare Act of
1980; and
|
| 4 | | (10) interstate services.
|
| 5 | | Rules and regulations established by the Department shall |
| 6 | | include
provisions for training Department staff and the staff |
| 7 | | of Department
grantees, through contracts with other agencies |
| 8 | | or resources, in alcohol
and drug abuse screening techniques |
| 9 | | approved by the Department of Human
Services, as a successor to |
| 10 | | the Department of Alcoholism and Substance Abuse,
for the |
| 11 | | purpose of identifying children and adults who
should be |
| 12 | | referred to an alcohol and drug abuse treatment program for
|
| 13 | | professional evaluation.
|
| 14 | | (h) If the Department finds that there is no appropriate |
| 15 | | program or
facility within or available to the Department for a |
| 16 | | ward and that no
licensed private facility has an adequate and |
| 17 | | appropriate program or none
agrees to accept the ward, the |
| 18 | | Department shall create an appropriate
individualized, |
| 19 | | program-oriented plan for such ward. The
plan may be developed |
| 20 | | within the Department or through purchase of services
by the |
| 21 | | Department to the extent that it is within its statutory |
| 22 | | authority
to do.
|
| 23 | | (i) Service programs shall be available throughout the |
| 24 | | State and shall
include but not be limited to the following |
| 25 | | services:
|
| 26 | | (1) case management;
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| 1 | | (2) homemakers;
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| 2 | | (3) counseling;
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| 3 | | (4) parent education;
|
| 4 | | (5) day care; and
|
| 5 | | (6) emergency assistance and advocacy.
|
| 6 | | In addition, the following services may be made available |
| 7 | | to assess and
meet the needs of children and families:
|
| 8 | | (1) comprehensive family-based services;
|
| 9 | | (2) assessments;
|
| 10 | | (3) respite care; and
|
| 11 | | (4) in-home health services.
|
| 12 | | The Department shall provide transportation for any of the |
| 13 | | services it
makes available to children or families or for |
| 14 | | which it refers children
or families.
|
| 15 | | (j) The Department may provide categories of financial |
| 16 | | assistance and
education assistance grants, and shall
|
| 17 | | establish rules and regulations concerning the assistance and |
| 18 | | grants, to
persons who
adopt physically or mentally |
| 19 | | handicapped, older and other hard-to-place
children who (i) |
| 20 | | immediately prior to their adoption were legal wards of
the |
| 21 | | Department
or (ii) were determined eligible for financial |
| 22 | | assistance with respect to a
prior adoption and who become |
| 23 | | available for adoption because the
prior adoption has been |
| 24 | | dissolved and the parental rights of the adoptive
parents have |
| 25 | | been
terminated or because the child's adoptive parents have |
| 26 | | died.
The Department may continue to provide financial |
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| 1 | | assistance and education assistance grants for a child who was |
| 2 | | determined eligible for financial assistance under this |
| 3 | | subsection (j) in the interim period beginning when the child's |
| 4 | | adoptive parents died and ending with the finalization of the |
| 5 | | new adoption of the child by another adoptive parent or |
| 6 | | parents. The Department may also provide categories of |
| 7 | | financial
assistance and education assistance grants, and
|
| 8 | | shall establish rules and regulations for the assistance and |
| 9 | | grants, to persons
appointed guardian of the person under |
| 10 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
| 11 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children |
| 12 | | who were wards of the Department for 12 months immediately
|
| 13 | | prior to the appointment of the guardian.
|
| 14 | | The amount of assistance may vary, depending upon the needs |
| 15 | | of the child
and the adoptive parents,
as set forth in the |
| 16 | | annual
assistance agreement. Special purpose grants are |
| 17 | | allowed where the child
requires special service but such costs |
| 18 | | may not exceed the amounts
which similar services would cost |
| 19 | | the Department if it were to provide or
secure them as guardian |
| 20 | | of the child.
|
| 21 | | Any financial assistance provided under this subsection is
|
| 22 | | inalienable by assignment, sale, execution, attachment, |
| 23 | | garnishment, or any
other remedy for recovery or collection of |
| 24 | | a judgment or debt.
|
| 25 | | (j-5) The Department shall not deny or delay the placement |
| 26 | | of a child for
adoption
if an approved family is available |
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| 1 | | either outside of the Department region
handling the case,
or |
| 2 | | outside of the State of Illinois.
|
| 3 | | (k) The Department shall accept for care and training any |
| 4 | | child who has
been adjudicated neglected or abused, or |
| 5 | | dependent committed to it pursuant
to the Juvenile Court Act or |
| 6 | | the Juvenile Court Act of 1987.
|
| 7 | | (l) The Department shall
offer family preservation |
| 8 | | services, as defined in Section 8.2 of the Abused
and
Neglected |
| 9 | | Child
Reporting Act, to help families, including adoptive and |
| 10 | | extended families.
Family preservation
services shall be |
| 11 | | offered (i) to prevent the
placement
of children in
substitute |
| 12 | | care when the children can be cared for at home or in the |
| 13 | | custody of
the person
responsible for the children's welfare,
|
| 14 | | (ii) to
reunite children with their families, or (iii) to
|
| 15 | | maintain an adoptive placement. Family preservation services |
| 16 | | shall only be
offered when doing so will not endanger the |
| 17 | | children's health or safety. With
respect to children who are |
| 18 | | in substitute care pursuant to the Juvenile Court
Act of 1987, |
| 19 | | family preservation services shall not be offered if a goal |
| 20 | | other
than those of subdivisions (A), (B), or (B-1) of |
| 21 | | subsection (2) of Section 2-28
of
that Act has been set.
|
| 22 | | Nothing in this paragraph shall be construed to create a |
| 23 | | private right of
action or claim on the part of any individual |
| 24 | | or child welfare agency, except that when a child is the |
| 25 | | subject of an action under Article II of the Juvenile Court Act |
| 26 | | of 1987 and the child's service plan calls for services to |
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| 1 | | facilitate achievement of the permanency goal, the court |
| 2 | | hearing the action under Article II of the Juvenile Court Act |
| 3 | | of 1987 may order the Department to provide the services set |
| 4 | | out in the plan, if those services are not provided with |
| 5 | | reasonable promptness and if those services are available.
|
| 6 | | The Department shall notify the child and his family of the
|
| 7 | | Department's
responsibility to offer and provide family |
| 8 | | preservation services as
identified in the service plan. The |
| 9 | | child and his family shall be eligible
for services as soon as |
| 10 | | the report is determined to be "indicated". The
Department may |
| 11 | | offer services to any child or family with respect to whom a
|
| 12 | | report of suspected child abuse or neglect has been filed, |
| 13 | | prior to
concluding its investigation under Section 7.12 of the |
| 14 | | Abused and Neglected
Child Reporting Act. However, the child's |
| 15 | | or family's willingness to
accept services shall not be |
| 16 | | considered in the investigation. The
Department may also |
| 17 | | provide services to any child or family who is the
subject of |
| 18 | | any report of suspected child abuse or neglect or may refer |
| 19 | | such
child or family to services available from other agencies |
| 20 | | in the community,
even if the report is determined to be |
| 21 | | unfounded, if the conditions in the
child's or family's home |
| 22 | | are reasonably likely to subject the child or
family to future |
| 23 | | reports of suspected child abuse or neglect. Acceptance
of such |
| 24 | | services shall be voluntary. The Department may also provide |
| 25 | | services to any child or family after completion of a family |
| 26 | | assessment, as an alternative to an investigation, as provided |
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| 1 | | under the "differential response program" provided for in |
| 2 | | subsection (a-5) of Section 7.4 of the Abused and Neglected |
| 3 | | Child Reporting Act.
|
| 4 | | The Department may, at its discretion except for those |
| 5 | | children also
adjudicated neglected or dependent, accept for |
| 6 | | care and training any child
who has been adjudicated addicted, |
| 7 | | as a truant minor in need of
supervision or as a minor |
| 8 | | requiring authoritative intervention, under the
Juvenile Court |
| 9 | | Act or the Juvenile Court Act of 1987, but no such child
shall |
| 10 | | be committed to the Department by any court without the |
| 11 | | approval of
the Department. A minor charged with a criminal |
| 12 | | offense under the Criminal
Code of 1961 or the Criminal Code of |
| 13 | | 2012 or adjudicated delinquent shall not be placed in the |
| 14 | | custody of or
committed to the Department by any court, except |
| 15 | | (i) a minor less than 15 years
of age committed to the |
| 16 | | Department under Section 5-710 of the Juvenile Court
Act
of |
| 17 | | 1987, (ii) a minor for whom an independent basis of abuse, |
| 18 | | neglect, or dependency exists, which must be defined by |
| 19 | | departmental rule, or (iii) a minor for whom the court has |
| 20 | | granted a supplemental petition to reinstate wardship pursuant |
| 21 | | to subsection (2) of Section 2-33 of the Juvenile Court Act of |
| 22 | | 1987. An independent basis exists when the allegations or |
| 23 | | adjudication of abuse, neglect, or dependency do not arise from |
| 24 | | the same facts, incident, or circumstances which give rise to a |
| 25 | | charge or adjudication of delinquency.
|
| 26 | | As soon as is possible after August 7, 2009 (the effective |
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| 1 | | date of Public Act 96-134), the Department shall develop and |
| 2 | | implement a special program of family preservation services to |
| 3 | | support intact, foster, and adoptive families who are |
| 4 | | experiencing extreme hardships due to the difficulty and stress |
| 5 | | of caring for a child who has been diagnosed with a pervasive |
| 6 | | developmental disorder if the Department determines that those |
| 7 | | services are necessary to ensure the health and safety of the |
| 8 | | child. The Department may offer services to any family whether |
| 9 | | or not a report has been filed under the Abused and Neglected |
| 10 | | Child Reporting Act. The Department may refer the child or |
| 11 | | family to services available from other agencies in the |
| 12 | | community if the conditions in the child's or family's home are |
| 13 | | reasonably likely to subject the child or family to future |
| 14 | | reports of suspected child abuse or neglect. Acceptance of |
| 15 | | these services shall be voluntary. The Department shall develop |
| 16 | | and implement a public information campaign to alert health and |
| 17 | | social service providers and the general public about these |
| 18 | | special family preservation services. The nature and scope of |
| 19 | | the services offered and the number of families served under |
| 20 | | the special program implemented under this paragraph shall be |
| 21 | | determined by the level of funding that the Department annually |
| 22 | | allocates for this purpose. The term "pervasive developmental |
| 23 | | disorder" under this paragraph means a neurological condition, |
| 24 | | including but not limited to, Asperger's Syndrome and autism, |
| 25 | | as defined in the most recent edition of the Diagnostic and |
| 26 | | Statistical Manual of Mental Disorders of the American |
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| 1 | | Psychiatric Association. |
| 2 | | (l-1) The legislature recognizes that the best interests of |
| 3 | | the child
require that
the child be placed in the most |
| 4 | | permanent living arrangement as soon as is
practically
|
| 5 | | possible. To achieve this goal, the legislature directs the |
| 6 | | Department of
Children and
Family Services to conduct |
| 7 | | concurrent planning so that permanency may occur at
the
|
| 8 | | earliest opportunity. Permanent living arrangements may |
| 9 | | include prevention of
placement of a child outside the home of |
| 10 | | the family when the child can be cared
for at
home without |
| 11 | | endangering the child's health or safety; reunification with |
| 12 | | the
family,
when safe and appropriate, if temporary placement |
| 13 | | is necessary; or movement of
the child
toward the most |
| 14 | | permanent living arrangement and permanent legal status.
|
| 15 | | When determining reasonable efforts to be made with respect |
| 16 | | to a child, as
described in this
subsection, and in making such |
| 17 | | reasonable efforts, the child's health and
safety shall be the
|
| 18 | | paramount concern.
|
| 19 | | When a child is placed in foster care, the Department shall |
| 20 | | ensure and
document that reasonable efforts were made to |
| 21 | | prevent or eliminate the need to
remove the child from the |
| 22 | | child's home. The Department must make
reasonable efforts to |
| 23 | | reunify the family when temporary placement of the child
occurs
|
| 24 | | unless otherwise required, pursuant to the Juvenile Court Act |
| 25 | | of 1987.
At any time after the dispositional hearing where the |
| 26 | | Department believes
that further reunification services would |
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| 1 | | be ineffective, it may request a
finding from the court that |
| 2 | | reasonable efforts are no longer appropriate. The
Department is |
| 3 | | not required to provide further reunification services after |
| 4 | | such
a
finding.
|
| 5 | | A decision to place a child in substitute care shall be |
| 6 | | made with
considerations of the child's health, safety, and |
| 7 | | best interests. At the
time of placement, consideration should |
| 8 | | also be given so that if reunification
fails or is delayed, the |
| 9 | | placement made is the best available placement to
provide |
| 10 | | permanency for the child.
|
| 11 | | The Department shall adopt rules addressing concurrent |
| 12 | | planning for
reunification and permanency. The Department |
| 13 | | shall consider the following
factors when determining |
| 14 | | appropriateness of concurrent planning:
|
| 15 | | (1) the likelihood of prompt reunification;
|
| 16 | | (2) the past history of the family;
|
| 17 | | (3) the barriers to reunification being addressed by |
| 18 | | the family;
|
| 19 | | (4) the level of cooperation of the family;
|
| 20 | | (5) the foster parents' willingness to work with the |
| 21 | | family to reunite;
|
| 22 | | (6) the willingness and ability of the foster family to |
| 23 | | provide an
adoptive
home or long-term placement;
|
| 24 | | (7) the age of the child;
|
| 25 | | (8) placement of siblings.
|
| 26 | | (m) The Department may assume temporary custody of any |
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| 1 | | child if:
|
| 2 | | (1) it has received a written consent to such temporary |
| 3 | | custody
signed by the parents of the child or by the parent |
| 4 | | having custody of the
child if the parents are not living |
| 5 | | together or by the guardian or
custodian of the child if |
| 6 | | the child is not in the custody of either
parent, or
|
| 7 | | (2) the child is found in the State and neither a |
| 8 | | parent,
guardian nor custodian of the child can be located.
|
| 9 | | If the child is found in his or her residence without a parent, |
| 10 | | guardian,
custodian or responsible caretaker, the Department |
| 11 | | may, instead of removing
the child and assuming temporary |
| 12 | | custody, place an authorized
representative of the Department |
| 13 | | in that residence until such time as a
parent, guardian or |
| 14 | | custodian enters the home and expresses a willingness
and |
| 15 | | apparent ability to ensure the child's health and safety and |
| 16 | | resume
permanent
charge of the child, or until a
relative |
| 17 | | enters the home and is willing and able to ensure the child's |
| 18 | | health
and
safety and assume charge of the
child until a |
| 19 | | parent, guardian or custodian enters the home and expresses
|
| 20 | | such willingness and ability to ensure the child's safety and |
| 21 | | resume
permanent charge. After a caretaker has remained in the |
| 22 | | home for a period not
to exceed 12 hours, the Department must |
| 23 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
| 24 | | 5-415 of the Juvenile Court Act
of 1987.
|
| 25 | | The Department shall have the authority, responsibilities |
| 26 | | and duties that
a legal custodian of the child would have |
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| 1 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
| 2 | | Act of 1987. Whenever a child is taken
into temporary custody |
| 3 | | pursuant to an investigation under the Abused and
Neglected |
| 4 | | Child Reporting Act, or pursuant to a referral and acceptance
|
| 5 | | under the Juvenile Court Act of 1987 of a minor in limited |
| 6 | | custody, the
Department, during the period of temporary custody |
| 7 | | and before the child
is brought before a judicial officer as |
| 8 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
| 9 | | Court Act of 1987, shall have
the authority, responsibilities |
| 10 | | and duties that a legal custodian of the child
would have under |
| 11 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
|
| 12 | | 1987.
|
| 13 | | The Department shall ensure that any child taken into |
| 14 | | custody
is scheduled for an appointment for a medical |
| 15 | | examination.
|
| 16 | | A parent, guardian or custodian of a child in the temporary |
| 17 | | custody of the
Department who would have custody of the child |
| 18 | | if he were not in the
temporary custody of the Department may |
| 19 | | deliver to the Department a signed
request that the Department |
| 20 | | surrender the temporary custody of the child.
The Department |
| 21 | | may retain temporary custody of the child for 10 days after
the |
| 22 | | receipt of the request, during which period the Department may |
| 23 | | cause to
be filed a petition pursuant to the Juvenile Court Act |
| 24 | | of 1987. If a
petition is so filed, the Department shall retain |
| 25 | | temporary custody of the
child until the court orders |
| 26 | | otherwise. If a petition is not filed within
the 10 day period, |
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| 1 | | the child shall be surrendered to the custody of the
requesting |
| 2 | | parent, guardian or custodian not later than the expiration of
|
| 3 | | the 10 day period, at which time the authority and duties of |
| 4 | | the Department
with respect to the temporary custody of the |
| 5 | | child shall terminate.
|
| 6 | | (m-1) The Department may place children under 18 years of |
| 7 | | age in a secure
child care facility licensed by the Department |
| 8 | | that cares for children who are
in need of secure living |
| 9 | | arrangements for their health, safety, and well-being
after a |
| 10 | | determination is made by the facility director and the Director |
| 11 | | or the
Director's designate prior to admission to the facility |
| 12 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
| 13 | | This subsection (m-1) does not apply
to a child who is subject |
| 14 | | to placement in a correctional facility operated
pursuant to |
| 15 | | Section 3-15-2 of the Unified Code of Corrections, unless the
|
| 16 | | child is a ward who was placed under the care of the Department |
| 17 | | before being
subject to placement in a correctional facility |
| 18 | | and a court of competent
jurisdiction has ordered placement of |
| 19 | | the child in a secure care facility.
|
| 20 | | (n) The Department may place children under 18 years of age |
| 21 | | in
licensed child care facilities when in the opinion of the |
| 22 | | Department,
appropriate services aimed at family preservation |
| 23 | | have been unsuccessful and
cannot ensure the child's health and |
| 24 | | safety or are unavailable and such
placement would be for their |
| 25 | | best interest. Payment
for board, clothing, care, training and |
| 26 | | supervision of any child placed in
a licensed child care |
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| 1 | | facility may be made by the Department, by the
parents or |
| 2 | | guardians of the estates of those children, or by both the
|
| 3 | | Department and the parents or guardians, except that no |
| 4 | | payments shall be
made by the Department for any child placed |
| 5 | | in a licensed child care
facility for board, clothing, care, |
| 6 | | training and supervision of such a
child that exceed the |
| 7 | | average per capita cost of maintaining and of caring
for a |
| 8 | | child in institutions for dependent or neglected children |
| 9 | | operated by
the Department. However, such restriction on |
| 10 | | payments does not apply in
cases where children require |
| 11 | | specialized care and treatment for problems of
severe emotional |
| 12 | | disturbance, physical disability, social adjustment, or
any |
| 13 | | combination thereof and suitable facilities for the placement |
| 14 | | of such
children are not available at payment rates within the |
| 15 | | limitations set
forth in this Section. All reimbursements for |
| 16 | | services delivered shall be
absolutely inalienable by |
| 17 | | assignment, sale, attachment, garnishment or
otherwise.
|
| 18 | | (n-1) The Department shall provide or authorize child |
| 19 | | welfare services, aimed at assisting minors to achieve |
| 20 | | sustainable self-sufficiency as independent adults, for any |
| 21 | | minor eligible for the reinstatement of wardship pursuant to |
| 22 | | subsection (2) of Section 2-33 of the Juvenile Court Act of |
| 23 | | 1987, whether or not such reinstatement is sought or allowed, |
| 24 | | provided that the minor consents to such services and has not |
| 25 | | yet attained the age of 21. The Department shall have |
| 26 | | responsibility for the development and delivery of services |
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| 1 | | under this Section. An eligible youth may access services under |
| 2 | | this Section through the Department of Children and Family |
| 3 | | Services or by referral from the Department of Human Services. |
| 4 | | Youth participating in services under this Section shall |
| 5 | | cooperate with the assigned case manager in developing an |
| 6 | | agreement identifying the services to be provided and how the |
| 7 | | youth will increase skills to achieve self-sufficiency. A |
| 8 | | homeless shelter is not considered appropriate housing for any |
| 9 | | youth receiving child welfare services under this Section. The |
| 10 | | Department shall continue child welfare services under this |
| 11 | | Section to any eligible minor until the minor becomes 21 years |
| 12 | | of age, no longer consents to participate, or achieves |
| 13 | | self-sufficiency as identified in the minor's service plan. The |
| 14 | | Department of Children and Family Services shall create clear, |
| 15 | | readable notice of the rights of former foster youth to child |
| 16 | | welfare services under this Section and how such services may |
| 17 | | be obtained. The Department of Children and Family Services and |
| 18 | | the Department of Human Services shall disseminate this |
| 19 | | information statewide. The Department shall adopt regulations |
| 20 | | describing services intended to assist minors in achieving |
| 21 | | sustainable self-sufficiency as independent adults. |
| 22 | | (o) The Department shall establish an administrative |
| 23 | | review and appeal
process for children and families who request |
| 24 | | or receive child welfare
services from the Department. Children |
| 25 | | who are wards of the Department and
are placed by private child |
| 26 | | welfare agencies, and foster families with whom
those children |
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| 1 | | are placed, shall be afforded the same procedural and appeal
|
| 2 | | rights as children and families in the case of placement by the |
| 3 | | Department,
including the right to an initial review of a |
| 4 | | private agency decision by
that agency. The Department shall |
| 5 | | insure that any private child welfare
agency, which accepts |
| 6 | | wards of the Department for placement, affords those
rights to |
| 7 | | children and foster families. The Department shall accept for
|
| 8 | | administrative review and an appeal hearing a complaint made by |
| 9 | | (i) a child
or foster family concerning a decision following an |
| 10 | | initial review by a
private child welfare agency or (ii) a |
| 11 | | prospective adoptive parent who alleges
a violation of |
| 12 | | subsection (j-5) of this Section. An appeal of a decision
|
| 13 | | concerning a change in the placement of a child shall be |
| 14 | | conducted in an
expedited manner. A court determination that a |
| 15 | | current foster home placement is necessary and appropriate |
| 16 | | under Section 2-28 of the Juvenile Court Act of 1987 does not |
| 17 | | constitute a judicial determination on the merits of an |
| 18 | | administrative appeal, filed by a former foster parent, |
| 19 | | involving a change of placement decision.
|
| 20 | | (p) There is hereby created the Department of Children and |
| 21 | | Family
Services Emergency Assistance Fund from which the |
| 22 | | Department may provide
special financial assistance to |
| 23 | | families which are in economic crisis when
such assistance is |
| 24 | | not available through other public or private sources
and the |
| 25 | | assistance is deemed necessary to prevent dissolution of the |
| 26 | | family
unit or to reunite families which have been separated |
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| 1 | | due to child abuse and
neglect. The Department shall establish |
| 2 | | administrative rules specifying
the criteria for determining |
| 3 | | eligibility for and the amount and nature of
assistance to be |
| 4 | | provided. The Department may also enter into written
agreements |
| 5 | | with private and public social service agencies to provide
|
| 6 | | emergency financial services to families referred by the |
| 7 | | Department.
Special financial assistance payments shall be |
| 8 | | available to a family no
more than once during each fiscal year |
| 9 | | and the total payments to a
family may not exceed $500 during a |
| 10 | | fiscal year.
|
| 11 | | (q) The Department may receive and use, in their entirety, |
| 12 | | for the
benefit of children any gift, donation or bequest of |
| 13 | | money or other
property which is received on behalf of such |
| 14 | | children, or any financial
benefits to which such children are |
| 15 | | or may become entitled while under
the jurisdiction or care of |
| 16 | | the Department.
|
| 17 | | The Department shall set up and administer no-cost, |
| 18 | | interest-bearing accounts in appropriate financial |
| 19 | | institutions
for children for whom the Department is legally |
| 20 | | responsible and who have been
determined eligible for Veterans' |
| 21 | | Benefits, Social Security benefits,
assistance allotments from |
| 22 | | the armed forces, court ordered payments, parental
voluntary |
| 23 | | payments, Supplemental Security Income, Railroad Retirement
|
| 24 | | payments, Black Lung benefits, or other miscellaneous |
| 25 | | payments. Interest
earned by each account shall be credited to |
| 26 | | the account, unless
disbursed in accordance with this |
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| 1 | | subsection.
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| 2 | | In disbursing funds from children's accounts, the |
| 3 | | Department
shall:
|
| 4 | | (1) Establish standards in accordance with State and |
| 5 | | federal laws for
disbursing money from children's |
| 6 | | accounts. In all
circumstances,
the Department's |
| 7 | | "Guardianship Administrator" or his or her designee must
|
| 8 | | approve disbursements from children's accounts. The |
| 9 | | Department
shall be responsible for keeping complete |
| 10 | | records of all disbursements for each account for any |
| 11 | | purpose.
|
| 12 | | (2) Calculate on a monthly basis the amounts paid from |
| 13 | | State funds for the
child's board and care, medical care |
| 14 | | not covered under Medicaid, and social
services; and |
| 15 | | utilize funds from the child's account, as
covered by |
| 16 | | regulation, to reimburse those costs. Monthly, |
| 17 | | disbursements from
all children's accounts, up to 1/12 of |
| 18 | | $13,000,000, shall be
deposited by the Department into the |
| 19 | | General Revenue Fund and the balance over
1/12 of |
| 20 | | $13,000,000 into the DCFS Children's Services Fund.
|
| 21 | | (3) Maintain any balance remaining after reimbursing |
| 22 | | for the child's costs
of care, as specified in item (2). |
| 23 | | The balance shall accumulate in accordance
with relevant |
| 24 | | State and federal laws and shall be disbursed to the child |
| 25 | | or his
or her guardian, or to the issuing agency.
|
| 26 | | (r) The Department shall promulgate regulations |
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| 1 | | encouraging all adoption
agencies to voluntarily forward to the |
| 2 | | Department or its agent names and
addresses of all persons who |
| 3 | | have applied for and have been approved for
adoption of a |
| 4 | | hard-to-place or handicapped child and the names of such
|
| 5 | | children who have not been placed for adoption. A list of such |
| 6 | | names and
addresses shall be maintained by the Department or |
| 7 | | its agent, and coded
lists which maintain the confidentiality |
| 8 | | of the person seeking to adopt the
child and of the child shall |
| 9 | | be made available, without charge, to every
adoption agency in |
| 10 | | the State to assist the agencies in placing such
children for |
| 11 | | adoption. The Department may delegate to an agent its duty to
|
| 12 | | maintain and make available such lists. The Department shall |
| 13 | | ensure that
such agent maintains the confidentiality of the |
| 14 | | person seeking to adopt the
child and of the child.
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| 15 | | (s) The Department of Children and Family Services may |
| 16 | | establish and
implement a program to reimburse Department and |
| 17 | | private child welfare
agency foster parents licensed by the |
| 18 | | Department of Children and Family
Services for damages |
| 19 | | sustained by the foster parents as a result of the
malicious or |
| 20 | | negligent acts of foster children, as well as providing third
|
| 21 | | party coverage for such foster parents with regard to actions |
| 22 | | of foster
children to other individuals. Such coverage will be |
| 23 | | secondary to the
foster parent liability insurance policy, if |
| 24 | | applicable. The program shall
be funded through appropriations |
| 25 | | from the General Revenue Fund,
specifically designated for such |
| 26 | | purposes.
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| 1 | | (t) The Department shall perform home studies and |
| 2 | | investigations and
shall exercise supervision over visitation |
| 3 | | as ordered by a court pursuant
to the Illinois Marriage and |
| 4 | | Dissolution of Marriage Act or the Adoption
Act only if:
|
| 5 | | (1) an order entered by an Illinois court specifically
|
| 6 | | directs the Department to perform such services; and
|
| 7 | | (2) the court has ordered one or both of the parties to
|
| 8 | | the proceeding to reimburse the Department for its |
| 9 | | reasonable costs for
providing such services in accordance |
| 10 | | with Department rules, or has
determined that neither party |
| 11 | | is financially able to pay.
|
| 12 | | The Department shall provide written notification to the |
| 13 | | court of the
specific arrangements for supervised visitation |
| 14 | | and projected monthly costs
within 60 days of the court order. |
| 15 | | The Department shall send to the court
information related to |
| 16 | | the costs incurred except in cases where the court
has |
| 17 | | determined the parties are financially unable to pay. The court |
| 18 | | may
order additional periodic reports as appropriate.
|
| 19 | | (u) In addition to other information that must be provided, |
| 20 | | whenever the Department places a child with a prospective |
| 21 | | adoptive parent or parents or in a licensed foster home,
group |
| 22 | | home, child care institution, or in a relative home, the |
| 23 | | Department
shall provide to the prospective adoptive parent or |
| 24 | | parents or other caretaker:
|
| 25 | | (1) available detailed information concerning the |
| 26 | | child's educational
and health history, copies of |
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| 1 | | immunization records (including insurance
and medical card |
| 2 | | information), a history of the child's previous |
| 3 | | placements,
if any, and reasons for placement changes |
| 4 | | excluding any information that
identifies or reveals the |
| 5 | | location of any previous caretaker;
|
| 6 | | (2) a copy of the child's portion of the client service |
| 7 | | plan, including
any visitation arrangement, and all |
| 8 | | amendments or revisions to it as
related to the child; and
|
| 9 | | (3) information containing details of the child's |
| 10 | | individualized
educational plan when the child is |
| 11 | | receiving special education services.
|
| 12 | | The caretaker shall be informed of any known social or |
| 13 | | behavioral
information (including, but not limited to, |
| 14 | | criminal background, fire
setting, perpetuation of
sexual |
| 15 | | abuse, destructive behavior, and substance abuse) necessary to |
| 16 | | care
for and safeguard the children to be placed or currently |
| 17 | | in the home. The Department may prepare a written summary of |
| 18 | | the information required by this paragraph, which may be |
| 19 | | provided to the foster or prospective adoptive parent in |
| 20 | | advance of a placement. The foster or prospective adoptive |
| 21 | | parent may review the supporting documents in the child's file |
| 22 | | in the presence of casework staff. In the case of an emergency |
| 23 | | placement, casework staff shall at least provide known |
| 24 | | information verbally, if necessary, and must subsequently |
| 25 | | provide the information in writing as required by this |
| 26 | | subsection.
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| 1 | | The information described in this subsection shall be |
| 2 | | provided in writing. In the case of emergency placements when |
| 3 | | time does not allow prior review, preparation, and collection |
| 4 | | of written information, the Department shall provide such |
| 5 | | information as it becomes available. Within 10 business days |
| 6 | | after placement, the Department shall obtain from the |
| 7 | | prospective adoptive parent or parents or other caretaker a |
| 8 | | signed verification of receipt of the information provided. |
| 9 | | Within 10 business days after placement, the Department shall |
| 10 | | provide to the child's guardian ad litem a copy of the |
| 11 | | information provided to the prospective adoptive parent or |
| 12 | | parents or other caretaker. The information provided to the |
| 13 | | prospective adoptive parent or parents or other caretaker shall |
| 14 | | be reviewed and approved regarding accuracy at the supervisory |
| 15 | | level.
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| 16 | | (u-5) Effective July 1, 1995, only foster care placements |
| 17 | | licensed as
foster family homes pursuant to the Child Care Act |
| 18 | | of 1969 shall be eligible to
receive foster care payments from |
| 19 | | the Department.
Relative caregivers who, as of July 1, 1995, |
| 20 | | were approved pursuant to approved
relative placement rules |
| 21 | | previously promulgated by the Department at 89 Ill.
Adm. Code |
| 22 | | 335 and had submitted an application for licensure as a foster |
| 23 | | family
home may continue to receive foster care payments only |
| 24 | | until the Department
determines that they may be licensed as a |
| 25 | | foster family home or that their
application for licensure is |
| 26 | | denied or until September 30, 1995, whichever
occurs first.
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| 1 | | (v) The Department shall access criminal history record |
| 2 | | information
as defined in the Illinois Uniform Conviction |
| 3 | | Information Act and information
maintained in the adjudicatory |
| 4 | | and dispositional record system as defined in
Section 2605-355 |
| 5 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
| 6 | | if the Department determines the information is necessary to |
| 7 | | perform its duties
under the Abused and Neglected Child |
| 8 | | Reporting Act, the Child Care Act of 1969,
and the Children and |
| 9 | | Family Services Act. The Department shall provide for
|
| 10 | | interactive computerized communication and processing |
| 11 | | equipment that permits
direct on-line communication with the |
| 12 | | Department of State Police's central
criminal history data |
| 13 | | repository. The Department shall comply with all
certification |
| 14 | | requirements and provide certified operators who have been
|
| 15 | | trained by personnel from the Department of State Police. In |
| 16 | | addition, one
Office of the Inspector General investigator |
| 17 | | shall have training in the use of
the criminal history |
| 18 | | information access system and have
access to the terminal. The |
| 19 | | Department of Children and Family Services and its
employees |
| 20 | | shall abide by rules and regulations established by the |
| 21 | | Department of
State Police relating to the access and |
| 22 | | dissemination of
this information.
|
| 23 | | (v-1) Prior to final approval for placement of a child, the |
| 24 | | Department shall conduct a criminal records background check of |
| 25 | | the prospective foster or adoptive parent, including |
| 26 | | fingerprint-based checks of national crime information |
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| 1 | | databases. Final approval for placement shall not be granted if |
| 2 | | the record check reveals a felony conviction for child abuse or |
| 3 | | neglect, for spousal abuse, for a crime against children, or |
| 4 | | for a crime involving violence, including rape, sexual assault, |
| 5 | | or homicide, but not including other physical assault or |
| 6 | | battery, or if there is a felony conviction for physical |
| 7 | | assault, battery, or a drug-related offense committed within |
| 8 | | the past 5 years. |
| 9 | | (v-2) Prior to final approval for placement of a child, the |
| 10 | | Department shall check its child abuse and neglect registry for |
| 11 | | information concerning prospective foster and adoptive |
| 12 | | parents, and any adult living in the home. If any prospective |
| 13 | | foster or adoptive parent or other adult living in the home has |
| 14 | | resided in another state in the preceding 5 years, the |
| 15 | | Department shall request a check of that other state's child |
| 16 | | abuse and neglect registry.
|
| 17 | | (w) Within 120 days of August 20, 1995 (the effective date |
| 18 | | of Public Act
89-392), the Department shall prepare and submit |
| 19 | | to the Governor and the
General Assembly, a written plan for |
| 20 | | the development of in-state licensed
secure child care |
| 21 | | facilities that care for children who are in need of secure
|
| 22 | | living
arrangements for their health, safety, and well-being. |
| 23 | | For purposes of this
subsection, secure care facility shall |
| 24 | | mean a facility that is designed and
operated to ensure that |
| 25 | | all entrances and exits from the facility, a building
or a |
| 26 | | distinct part of the building, are under the exclusive control |
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| 1 | | of the
staff of the facility, whether or not the child has the |
| 2 | | freedom of movement
within the perimeter of the facility, |
| 3 | | building, or distinct part of the
building. The plan shall |
| 4 | | include descriptions of the types of facilities that
are needed |
| 5 | | in Illinois; the cost of developing these secure care |
| 6 | | facilities;
the estimated number of placements; the potential |
| 7 | | cost savings resulting from
the movement of children currently |
| 8 | | out-of-state who are projected to be
returned to Illinois; the |
| 9 | | necessary geographic distribution of these
facilities in |
| 10 | | Illinois; and a proposed timetable for development of such
|
| 11 | | facilities. |
| 12 | | (x) The Department shall conduct annual credit history |
| 13 | | checks to determine the financial history of children placed |
| 14 | | under its guardianship pursuant to the Juvenile Court Act of |
| 15 | | 1987. The Department shall conduct such credit checks starting |
| 16 | | when a ward turns 12 years old and each year thereafter for the |
| 17 | | duration of the guardianship as terminated pursuant to the |
| 18 | | Juvenile Court Act of 1987. The Department shall determine if |
| 19 | | financial exploitation of the child's personal information has |
| 20 | | occurred. If financial exploitation appears to have taken place |
| 21 | | or is presently ongoing, the Department shall notify the proper |
| 22 | | law enforcement agency, the proper State's Attorney, or the |
| 23 | | Attorney General. |
| 24 | | (y) Beginning on the effective date of this amendatory Act |
| 25 | | of the 96th General Assembly, a child with a disability who |
| 26 | | receives residential and educational services from the |
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| 1 | | Department shall be eligible to receive transition services in |
| 2 | | accordance with Article 14 of the School Code from the age of |
| 3 | | 14.5 through age 21, inclusive, notwithstanding the child's |
| 4 | | residential services arrangement. For purposes of this |
| 5 | | subsection, "child with a disability" means a child with a |
| 6 | | disability as defined by the federal Individuals with |
| 7 | | Disabilities Education Improvement Act of 2004. |
| 8 | | (z) The Department shall access criminal history record |
| 9 | | information as defined as "background information" in this |
| 10 | | subsection and criminal history record information as defined |
| 11 | | in the Illinois Uniform Conviction Information Act for each |
| 12 | | Department employee or Department applicant. Each Department |
| 13 | | employee or Department applicant shall submit his or her |
| 14 | | fingerprints to the Department of State Police in the form and |
| 15 | | manner prescribed by the Department of State Police. These |
| 16 | | fingerprints shall be checked against the fingerprint records |
| 17 | | now and hereafter filed in the Department of State Police and |
| 18 | | the Federal Bureau of Investigation criminal history records |
| 19 | | databases. The Department of State Police shall charge a fee |
| 20 | | for conducting the criminal history record check, which shall |
| 21 | | be deposited into the State Police Services Fund and shall not |
| 22 | | exceed the actual cost of the record check. The Department of |
| 23 | | State Police shall furnish, pursuant to positive |
| 24 | | identification, all Illinois conviction information to the |
| 25 | | Department of Children and Family Services. |
| 26 | | For purposes of this subsection: |
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| 1 | | "Background information" means all of the following: |
| 2 | | (i) Upon the request of the Department of Children and |
| 3 | | Family Services, conviction information obtained from the |
| 4 | | Department of State Police as a result of a |
| 5 | | fingerprint-based criminal history records check of the |
| 6 | | Illinois criminal history records database and the Federal |
| 7 | | Bureau of Investigation criminal history records database |
| 8 | | concerning a Department employee or Department applicant. |
| 9 | | (ii) Information obtained by the Department of |
| 10 | | Children and Family Services after performing a check of |
| 11 | | the Department of State Police's Sex Offender Database, as |
| 12 | | authorized by Section 120 of the Sex Offender Community |
| 13 | | Notification Law, concerning a Department employee or |
| 14 | | Department applicant. |
| 15 | | (iii) Information obtained by the Department of |
| 16 | | Children and Family Services after performing a check of |
| 17 | | the Child Abuse and Neglect Tracking System (CANTS) |
| 18 | | operated and maintained by the Department. |
| 19 | | "Department employee" means a full-time or temporary |
| 20 | | employee coded or certified within the State of Illinois |
| 21 | | Personnel System. |
| 22 | | "Department applicant" means an individual who has |
| 23 | | conditional Department full-time or part-time work, a |
| 24 | | contractor, an individual used to replace or supplement staff, |
| 25 | | an academic intern, a volunteer in Department offices or on |
| 26 | | Department contracts, a work-study student, an individual or |
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| 1 | | entity licensed by the Department, or an unlicensed service |
| 2 | | provider who works as a condition of a contract or an agreement |
| 3 | | and whose work may bring the unlicensed service provider into |
| 4 | | contact with Department clients or client records. |
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; |
| 6 | | 98-570, eff. 8-27-13; revised 9-4-13.)
|
| 7 | | Section 70. The Department of Commerce and Economic |
| 8 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
| 9 | | amended by changing Sections 605-300 and 605-320 as follows:
|
| 10 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
|
| 11 | | Sec. 605-300. Economic and business development plans; |
| 12 | | Illinois Business Development Council. |
| 13 | | (a) Economic development plans. The Department shall |
| 14 | | develop a strategic economic development plan for the State by |
| 15 | | July 1, 2014. By no later than July 1, 2015, and by July 1 |
| 16 | | annually thereafter, the Department shall make modifications |
| 17 | | to the plan as modifications are warranted by changes in |
| 18 | | economic conditions or by other factors, including changes in |
| 19 | | policy. In addition to the annual modification, the plan shall |
| 20 | | be reviewed and redeveloped in full every 5 years. In the |
| 21 | | development of the annual economic development plan, the |
| 22 | | Department shall consult with representatives of the private |
| 23 | | sector, other State agencies, academic institutions, local |
| 24 | | economic development organizations, local governments, and |
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| 1 | | not-for-profit organizations. The annual economic development |
| 2 | | plan shall set specific, measurable, attainable, relevant, and |
| 3 | | time-sensitive goals and shall include a focus on areas of high |
| 4 | | unemployment or poverty. |
| 5 | | The term "economic development" shall be construed broadly |
| 6 | | by the Department and may include, but is not limited to, job |
| 7 | | creation, job retention, tax base enhancements, development of |
| 8 | | human capital, workforce productivity, critical |
| 9 | | infrastructure, regional competitiveness, social inclusion, |
| 10 | | standard of living, environmental sustainability, energy |
| 11 | | independence, quality of life, the effective use of financial |
| 12 | | incentives, the utilization of public private partnerships |
| 13 | | where appropriate, and other metrics determined by the |
| 14 | | Department. |
| 15 | | The plan shall be based on relevant economic data, focus on |
| 16 | | economic development as prescribed by this Section, and |
| 17 | | emphasize strategies to retain and create jobs. |
| 18 | | The plan shall identify and develop specific strategies for |
| 19 | | utilizing the assets of regions within the State defined as |
| 20 | | counties and municipalities or other political subdivisions in |
| 21 | | close geographical proximity that share common economic traits |
| 22 | | such as commuting zones, labor market areas, or other |
| 23 | | economically integrated characteristics. |
| 24 | | If the plan includes strategies that have a fiscal impact |
| 25 | | on the Department or any other agency, the plan shall include a |
| 26 | | detailed description of the estimated fiscal impact of such |
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| 1 | | strategies. |
| 2 | | Prior to publishing the plan in its final form, the |
| 3 | | Department shall allow for a reasonable time for public input. |
| 4 | | The Department shall transmit copies of the economic |
| 5 | | development plan to the Governor and the General Assembly no |
| 6 | | later than July 1, 2014, and by July 1 annually thereafter. The |
| 7 | | plan and its corresponding modifications shall be published and |
| 8 | | made available to the public in both paper and electronic |
| 9 | | media, on the Department's website, and by any other method |
| 10 | | that the Department deems appropriate. |
| 11 | | The Department shall annually submit legislation to |
| 12 | | implement the strategic economic development plan or |
| 13 | | modifications to the strategic economic development plan to the |
| 14 | | Governor, the President and Minority Leader of the Senate, and |
| 15 | | the Speaker and the Minority Leader of the House of |
| 16 | | Representatives. The legislation shall be in the form of one or |
| 17 | | more substantive bills drafted by the Legislative Reference |
| 18 | | Bureau. |
| 19 | | (b) Business development plans; Illinois Business |
| 20 | | Development Council. |
| 21 | | (1) There is created the Illinois Business Development |
| 22 | | Council, hereinafter referred to as the Council. The |
| 23 | | Council shall consist of the Director, who shall serve as |
| 24 | | co-chairperson, and 12 voting members who shall be |
| 25 | | appointed by the Governor with the advice and consent of |
| 26 | | the Senate. |
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| 1 | | (A) The voting members of the Council shall include |
| 2 | | one representative from each of the following |
| 3 | | businesses and groups: small business, coal, |
| 4 | | healthcare, large manufacturing, small or specialized |
| 5 | | manufacturing, agriculture, high technology or applied |
| 6 | | science, local economic development entities, private |
| 7 | | sector organized labor, a local or state business |
| 8 | | association or chamber of commerce. |
| 9 | | (B) There shall be 2 at-large voting members who |
| 10 | | reside within areas of high unemployment within |
| 11 | | counties or municipalities that have had an annual |
| 12 | | average unemployment rate of at least 120% of the |
| 13 | | State's annual average unemployment rate as reported |
| 14 | | by the Department of Employment Security for the 5 |
| 15 | | years preceding the date of appointment. |
| 16 | | (2) All appointments shall be made in a geographically |
| 17 | | diverse manner. |
| 18 | | (3) For the initial appointments to the Council, 6 |
| 19 | | voting members shall be appointed to serve a 2-year term |
| 20 | | and 6 voting members shall be appointed to serve a 4-year |
| 21 | | term. Thereafter, all appointments shall be for terms of 4 |
| 22 | | years. The initial term of voting members shall commence on |
| 23 | | the first Wednesday in February 2014. Thereafter, the terms |
| 24 | | of voting members shall commence on the first Wednesday in |
| 25 | | February, except in the case of an appointment to fill a |
| 26 | | vacancy. Vacancies occurring among the members shall be |
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| 1 | | filled in the same manner as the original appointment for |
| 2 | | the remainder of the unexpired term. For a vacancy |
| 3 | | occurring when the Senate is not in session, the Governor |
| 4 | | may make a temporary appointment until the next meeting of |
| 5 | | the Senate when a person shall be nominated to fill the |
| 6 | | office, and, upon confirmation by the Senate, he or she |
| 7 | | shall hold office during the remainder of the term. A |
| 8 | | vacancy in membership does not impair the ability of a |
| 9 | | quorum to exercise all rights and perform all duties of the |
| 10 | | Council. A member is eligible for reappointment. |
| 11 | | (4) Members shall serve without compensation, but may |
| 12 | | be reimbursed for necessary expenses incurred in the |
| 13 | | performance of their duties from funds appropriated for |
| 14 | | that purpose. |
| 15 | | (5) In addition, the following shall serve as ex |
| 16 | | officio, non-voting members of the Council in order to |
| 17 | | provide specialized advice and support to the Council: the |
| 18 | | Secretary of Transportation, or his or her designee; the |
| 19 | | Director of Employment Security, or his or her designee; |
| 20 | | the Executive Director of the Illinois Finance Authority, |
| 21 | | or his or her designee; the Director of Agriculture, or his |
| 22 | | or her designee; the Director of Revenue, or his or her |
| 23 | | designee; the Director of Labor, or his or her designee; |
| 24 | | and the Director of the Environmental Protection Agency, or |
| 25 | | his or her designee. Ex officio Ex-officio members shall |
| 26 | | provide staff and technical assistance to the Council when |
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| 1 | | appropriate. |
| 2 | | (6) In addition to the Director, the voting members |
| 3 | | shall elect a co-chairperson. |
| 4 | | (7) The Council shall meet at least twice annually and |
| 5 | | at such other times as the co-chairpersons or any 5 voting |
| 6 | | members consider necessary. Seven voting members shall |
| 7 | | constitute a quorum of the Council. |
| 8 | | (8) The Department shall provide staff assistance to |
| 9 | | the Council. |
| 10 | | (9) The Council shall provide the Department relevant |
| 11 | | information in a timely manner pursuant to its duties as |
| 12 | | enumerated in
this Section that can be used by the |
| 13 | | Department to enhance the State's strategic economic |
| 14 | | development plan. |
| 15 | | (10) The Council shall: |
| 16 | | (A) Develop an overall strategic business |
| 17 | | development plan for the State of Illinois and update |
| 18 | | the plan at least annually. |
| 19 | | (B) Develop business marketing plans for the State |
| 20 | | of Illinois to effectively solicit new company |
| 21 | | investment and existing business expansion. Insofar as |
| 22 | | allowed under the Illinois Procurement Code, and |
| 23 | | subject to appropriations made by the General Assembly |
| 24 | | for such purposes, the Council may assist the |
| 25 | | Department in the procurement of outside vendors to |
| 26 | | carry out such marketing plans. |
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| 1 | | (C) Seek input from local economic development |
| 2 | | officials to develop specific strategies to |
| 3 | | effectively link State and local business development |
| 4 | | and marketing efforts focusing on areas of high |
| 5 | | unemployment or poverty. |
| 6 | | (D) Provide the Department with advice on |
| 7 | | strategic business development
and business marketing |
| 8 | | for the State of Illinois. |
| 9 | | (E) Provide the Department research and recommend |
| 10 | | best practices for developing investment tools for |
| 11 | | business attraction and retention.
|
| 12 | | (Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
|
| 13 | | (20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
|
| 14 | | Sec. 605-320. Encouragement of existing industries. To |
| 15 | | encourage
the growth and expansion of industries now existing
|
| 16 | | within the State by providing comprehensive business services |
| 17 | | and promoting
interdepartmental cooperation for assistance to |
| 18 | | industries.
|
| 19 | | As a condition of any financial incentives provided by the |
| 20 | | Department in the form of (1) tax credits and tax exemptions |
| 21 | | (other than given under tax increment financing) given as an |
| 22 | | incentive to a recipient business organization pursuant to an |
| 23 | | initial certification or an initial designation made by the |
| 24 | | Department under the Economic Development for a Growing Economy |
| 25 | | Tax Credit Act, the River Edge Redevelopment Zone Act, and the |
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| 1 | | Illinois Enterprise Zone Act, including the High Impact |
| 2 | | Business program, (2) grants or loans given to a recipient as |
| 3 | | an incentive to a business organization pursuant to the River |
| 4 | | Edge Redevelopment Zone Act, the Large Business Development |
| 5 | | Program, the Business Development Public Infrastructure |
| 6 | | Program, or the Industrial Training Program, the Department |
| 7 | | shall require the recipient of such financial incentives to |
| 8 | | report at least quarterly the number of jobs to be created or |
| 9 | | retained, or both created and retained, by the recipient as a |
| 10 | | result of the financial incentives, including the number of |
| 11 | | full-time, permanent jobs, the number of part-time jobs, and |
| 12 | | the number of temporary jobs. Further, the recipient of such |
| 13 | | financial incentives shall provide the Department at least |
| 14 | | annually a detailed list of the occupation or job |
| 15 | | classifications and number of new employees or retained |
| 16 | | employees to be hired in full-time, permanent jobs, a schedule |
| 17 | | of anticipated starting dates of the new hires and the actual |
| 18 | | average wage by occupation or job classification and total |
| 19 | | payroll to be created as a result of the financial incentives. |
| 20 | | (Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
|
| 21 | | Section 75. The Lake Michigan Wind Energy Act is amended by |
| 22 | | changing Section 20 as follows:
|
| 23 | | (20 ILCS 896/20)
|
| 24 | | Sec. 20. Offshore Wind Energy Economic Development Policy |
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| 1 | | Task Force. |
| 2 | | (a) The Governor shall convene an Offshore Wind Energy |
| 3 | | Economic Development Policy Task Force, to be chaired by the |
| 4 | | Director of Commerce and Economic Opportunity, or his or her |
| 5 | | designee, to analyze and evaluate policy and economic options |
| 6 | | to facilitate the development of offshore wind energy, and to |
| 7 | | propose an appropriate Illinois mechanism for purchasing and |
| 8 | | selling power from possible offshore wind energy projects. The |
| 9 | | Task Force shall examine mechanisms used in other states and |
| 10 | | jurisdictions, including, without limitation, feed-in tariffs |
| 11 | | feed-in-tariffs, renewable energy certificates, renewable |
| 12 | | energy certificate carve-outs, power purchase agreements, and |
| 13 | | pilot projects. The Task Force shall report its findings and |
| 14 | | recommendations to the Governor and General Assembly by |
| 15 | | December 31, 2013.
|
| 16 | | (b) The Director of the Illinois Power Agency (or his or |
| 17 | | her designee), the Executive Director of the Illinois Commerce |
| 18 | | Commission (or his or her designee), the Director of Natural |
| 19 | | Resources (or his or her designee), and the Attorney General |
| 20 | | (or his or her designee) shall serve as ex officio members of |
| 21 | | the Task Force.
|
| 22 | | (c) The Governor shall appoint the following public members |
| 23 | | to serve on the Task Force:
|
| 24 | | (1) one individual from an institution of higher |
| 25 | | education in Illinois representing the discipline of |
| 26 | | economics with experience in the study of renewable energy;
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| 1 | | (2) one individual representing an energy industry |
| 2 | | with experience in renewable energy markets;
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| 3 | | (3) one individual representing a Statewide consumer |
| 4 | | or electric ratepayer organization;
|
| 5 | | (4) one individual representing the offshore wind |
| 6 | | energy industry;
|
| 7 | | (5) one individual representing the wind energy supply |
| 8 | | chain industry;
|
| 9 | | (6) one individual representing an Illinois electrical |
| 10 | | cooperative, municipal electrical utility, or association |
| 11 | | of such cooperatives or utilities;
|
| 12 | | (7) one individual representing an Illinois industrial |
| 13 | | union involved in the construction, maintenance, or |
| 14 | | transportation of electrical generation, distribution, or |
| 15 | | transmission equipment or components;
|
| 16 | | (8) one individual representing an Illinois commercial |
| 17 | | or industrial electrical consumer;
|
| 18 | | (9) one individual representing an Illinois public |
| 19 | | education electrical consumer;
|
| 20 | | (10) one individual representing an independent |
| 21 | | transmission company;
|
| 22 | | (11) one individual from the Illinois legal community |
| 23 | | with experience in contracts, utility law, municipal law, |
| 24 | | and constitutional law;
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| 25 | | (12) one individual representing a Great Lakes |
| 26 | | regional organization with experience assessing or |
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| 1 | | studying wind energy;
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| 2 | | (13) one individual representing a Statewide |
| 3 | | environmental organization; |
| 4 | | (14) one resident of the State representing an |
| 5 | | organization advocating for persons of low or limited |
| 6 | | incomes;
|
| 7 | | (15) one individual representing Argonne National |
| 8 | | Laboratory; and
|
| 9 | | (16) one individual representing a local community |
| 10 | | that has aggregated the purchase of electricity.
|
| 11 | | (d) The Governor may appoint additional public members to |
| 12 | | the Task Force. |
| 13 | | (e) The Speaker of the House of Representatives, Minority |
| 14 | | Leader of the House of Representatives,
Senate President, and |
| 15 | | Minority Leader of the Senate shall each appoint one member of |
| 16 | | the General Assembly to serve on the Task Force.
|
| 17 | | (f) Members of the Task Force shall serve without |
| 18 | | compensation.
|
| 19 | | (Source: P.A. 98-447, eff. 8-16-13; revised 10-7-13.)
|
| 20 | | Section 80. The Mental Health and Developmental |
| 21 | | Disabilities Administrative Act is amended by changing Section |
| 22 | | 14 as follows:
|
| 23 | | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
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| 24 | | Sec. 14. Chester Mental Health Center. To maintain and |
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| 1 | | operate a
facility for the care, custody, and treatment of |
| 2 | | persons with mental
illness or habilitation of persons with |
| 3 | | developmental disabilities hereinafter
designated, to be known |
| 4 | | as the Chester Mental Health Center.
|
| 5 | | Within the Chester Mental Health Center there shall be |
| 6 | | confined the
following classes of persons, whose history, in |
| 7 | | the opinion of the
Department, discloses dangerous or violent |
| 8 | | tendencies and who, upon
examination under the direction of the |
| 9 | | Department, have been found a fit
subject for confinement in |
| 10 | | that facility:
|
| 11 | | (a) Any male person who is charged with the commission |
| 12 | | of a
crime but has been acquitted by reason of insanity as |
| 13 | | provided in Section
5-2-4 of the Unified Code of |
| 14 | | Corrections.
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| 15 | | (b) Any male person who is charged with the commission |
| 16 | | of
a crime but has been found unfit under Article 104 of |
| 17 | | the Code of Criminal
Procedure of 1963.
|
| 18 | | (c) Any male person with mental illness or |
| 19 | | developmental disabilities or
person in need of mental |
| 20 | | treatment now confined under the supervision of the
|
| 21 | | Department or hereafter
admitted to any facility thereof or |
| 22 | | committed thereto by any court of competent
jurisdiction.
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| 23 | | If and when it shall appear to the facility director of the |
| 24 | | Chester Mental
Health Center that it is necessary to confine |
| 25 | | persons in order to maintain
security or provide for the |
| 26 | | protection and safety of recipients and staff, the
Chester |
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| 1 | | Mental Health Center may confine all persons on a unit to their |
| 2 | | rooms.
This period of confinement shall not exceed 10 hours in |
| 3 | | a 24 hour period,
including the recipient's scheduled hours of |
| 4 | | sleep, unless approved by the
Secretary of the Department. |
| 5 | | During the period of
confinement, the
persons confined shall be |
| 6 | | observed at least every 15 minutes. A record shall
be kept of |
| 7 | | the observations. This confinement shall not be considered
|
| 8 | | seclusion as defined in the Mental Health and Developmental |
| 9 | | Disabilities
Code.
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| 10 | | The facility director of the Chester Mental Health Center |
| 11 | | may authorize
the temporary use of handcuffs on a recipient for |
| 12 | | a period not to exceed 10
minutes when necessary in the course |
| 13 | | of transport of the recipient within the
facility to maintain |
| 14 | | custody or security. Use of handcuffs is subject to the
|
| 15 | | provisions of Section 2-108 of the Mental Health and |
| 16 | | Developmental Disabilities
Code. The facility shall keep a |
| 17 | | monthly record listing each instance in which
handcuffs are |
| 18 | | used, circumstances indicating the need for use of handcuffs, |
| 19 | | and
time of application of handcuffs and time of release |
| 20 | | therefrom. The facility
director shall allow the Illinois |
| 21 | | Guardianship and Advocacy Commission, the
agency designated by |
| 22 | | the Governor under Section 1 of the Protection and
Advocacy for |
| 23 | | Developmentally Disabled Persons Act, and the Department to
|
| 24 | | examine and copy such record upon request.
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| 25 | | The facility director of the Chester Mental Health Center |
| 26 | | may authorize the temporary use of transport devices on a civil |
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| 1 | | recipient when necessary in the course of transport of the |
| 2 | | civil recipient outside the facility to maintain custody or |
| 3 | | security. The decision whether to use any transport devices |
| 4 | | shall be reviewed and approved on an individualized basis by a |
| 5 | | physician based upon a determination of the civil recipient's: |
| 6 | | (1) history of violence, (2) history of violence during |
| 7 | | transports, (3) history of escapes and escape attempts, (4) |
| 8 | | history of trauma, (5) history of incidents of restraint or |
| 9 | | seclusion and use of involuntary medication, (6) current |
| 10 | | functioning level and medical status, and (7) prior experience |
| 11 | | during similar transports, and (8) the length, duration, and |
| 12 | | purpose of the transport. The least restrictive transport |
| 13 | | device consistent with the individual's need shall be used. |
| 14 | | Staff transporting the individual shall be trained in the use |
| 15 | | of the transport devices, recognizing and responding to a |
| 16 | | person in distress, and shall observe and monitor the |
| 17 | | individual while being transported. The facility shall keep a |
| 18 | | monthly record listing all transports, including those |
| 19 | | transports for which use of transport devices was were not |
| 20 | | sought, those for which use of transport devices was were |
| 21 | | sought but denied, and each instance in which transport devices |
| 22 | | are used, circumstances indicating the need for use of |
| 23 | | transport devices, time of application of transport devices, |
| 24 | | time of release from those devices, and any adverse events. The |
| 25 | | facility director shall allow the Illinois Guardianship and |
| 26 | | Advocacy Commission, the agency designated by the Governor |
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| 1 | | under Section 1 of the Protection and Advocacy for |
| 2 | | Developmentally Disabled Persons Act, and the Department to |
| 3 | | examine and copy the record upon request. This use of transport |
| 4 | | devices shall not be considered restraint as defined in the |
| 5 | | Mental Health and Developmental Disabilities Code. For the |
| 6 | | purpose of this Section "transport device" means ankle cuffs, |
| 7 | | handcuffs, waist chains or wrist-waist devices designed to |
| 8 | | restrict an individual's range of motion while being |
| 9 | | transported. These devices must be approved by the Division of |
| 10 | | Mental Health, used in accordance with the manufacturer's |
| 11 | | instructions, and used only by qualified staff members who have |
| 12 | | completed all training required to be eligible to transport |
| 13 | | patients and all other required training relating to the safe |
| 14 | | use and application of transport devices, including |
| 15 | | recognizing and responding to signs of distress in an |
| 16 | | individual whose movement is being restricted by a transport |
| 17 | | device. |
| 18 | | If and when it shall appear to the satisfaction of the |
| 19 | | Department that
any person confined in the Chester Mental |
| 20 | | Health Center is not or has
ceased to be such a source of |
| 21 | | danger to the public as to require his
subjection to the |
| 22 | | regimen of the center, the Department is hereby
authorized to |
| 23 | | transfer such person to any State facility for treatment of
|
| 24 | | persons with mental illness or habilitation of persons with |
| 25 | | developmental
disabilities, as the nature of the individual |
| 26 | | case may require.
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| 1 | | Subject to the provisions of this Section, the Department, |
| 2 | | except where
otherwise provided by law, shall, with respect to |
| 3 | | the management, conduct
and control of the Chester Mental |
| 4 | | Health Center and the discipline, custody
and treatment of the |
| 5 | | persons confined therein, have and exercise the same
rights and |
| 6 | | powers as are vested by law in the Department with respect to
|
| 7 | | any and all of the State facilities for treatment of persons |
| 8 | | with mental
illness or habilitation of persons with |
| 9 | | developmental disabilities, and the
recipients thereof, and |
| 10 | | shall be subject to the same duties as are imposed by
law upon |
| 11 | | the Department with respect to such facilities and the |
| 12 | | recipients
thereof. |
| 13 | | The Department may elect to place persons who have been |
| 14 | | ordered by the court to be detained under the Sexually Violent |
| 15 | | Persons Commitment Act in a distinct portion of the Chester |
| 16 | | Mental Health Center. The persons so placed shall be separated |
| 17 | | and shall not comingle with the recipients of the Chester |
| 18 | | Mental Health Center. The portion of Chester Mental Health |
| 19 | | Center that is used for the persons detained under the Sexually |
| 20 | | Violent Persons Commitment Act shall not be a part of the |
| 21 | | mental health facility for the enforcement and implementation |
| 22 | | of the Mental Health and Developmental Disabilities Code nor |
| 23 | | shall their care and treatment be subject to the provisions of |
| 24 | | the Mental Health and Developmental Disabilities Code. The |
| 25 | | changes added to this Section by this amendatory Act of the |
| 26 | | 98th General Assembly are inoperative on and after June 30, |
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| 1 | | 2015.
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| 2 | | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; |
| 3 | | revised 9-4-13.)
|
| 4 | | Section 85. The Department of Professional Regulation Law |
| 5 | | of the
Civil Administrative Code of Illinois is amended by |
| 6 | | changing Section 2105-15 as follows:
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| 7 | | (20 ILCS 2105/2105-15)
|
| 8 | | Sec. 2105-15. General powers and duties.
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| 9 | | (a) The Department has, subject to the provisions of the |
| 10 | | Civil
Administrative Code of Illinois, the following powers and |
| 11 | | duties:
|
| 12 | | (1) To authorize examinations in English to ascertain |
| 13 | | the qualifications
and fitness of applicants to exercise |
| 14 | | the profession, trade, or occupation for
which the |
| 15 | | examination is held.
|
| 16 | | (2) To prescribe rules and regulations for a fair and |
| 17 | | wholly
impartial method of examination of candidates to |
| 18 | | exercise the respective
professions, trades, or |
| 19 | | occupations.
|
| 20 | | (3) To pass upon the qualifications of applicants for |
| 21 | | licenses,
certificates, and authorities, whether by |
| 22 | | examination, by reciprocity, or by
endorsement.
|
| 23 | | (4) To prescribe rules and regulations defining, for |
| 24 | | the
respective
professions, trades, and occupations, what |
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| 1 | | shall constitute a school,
college, or university, or |
| 2 | | department of a university, or other
institution, |
| 3 | | reputable and in good standing, and to determine the
|
| 4 | | reputability and good standing of a school, college, or |
| 5 | | university, or
department of a university, or other |
| 6 | | institution, reputable and in good
standing, by reference |
| 7 | | to a compliance with those rules and regulations;
provided, |
| 8 | | that no school, college, or university, or department of a
|
| 9 | | university, or other institution that refuses admittance |
| 10 | | to applicants
solely on account of race, color, creed, sex, |
| 11 | | or national origin shall be
considered reputable and in |
| 12 | | good standing.
|
| 13 | | (5) To conduct hearings on proceedings to revoke, |
| 14 | | suspend, refuse to
renew, place on probationary status, or |
| 15 | | take other disciplinary action
as authorized in any |
| 16 | | licensing Act administered by the Department
with regard to |
| 17 | | licenses, certificates, or authorities of persons
|
| 18 | | exercising the respective professions, trades, or |
| 19 | | occupations and to
revoke, suspend, refuse to renew, place |
| 20 | | on probationary status, or take
other disciplinary action |
| 21 | | as authorized in any licensing Act
administered by the |
| 22 | | Department with regard to those licenses,
certificates, or |
| 23 | | authorities. The Department shall issue a monthly
|
| 24 | | disciplinary report. The Department shall deny any license |
| 25 | | or
renewal authorized by the Civil Administrative Code of |
| 26 | | Illinois to any person
who has defaulted on an
educational |
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| 1 | | loan or scholarship provided by or guaranteed by the |
| 2 | | Illinois
Student Assistance Commission or any governmental |
| 3 | | agency of this State;
however, the Department may issue a |
| 4 | | license or renewal if the
aforementioned persons have |
| 5 | | established a satisfactory repayment record as
determined |
| 6 | | by the Illinois Student Assistance Commission or other |
| 7 | | appropriate
governmental agency of this State. |
| 8 | | Additionally, beginning June 1, 1996,
any license issued by |
| 9 | | the Department may be suspended or revoked if the
|
| 10 | | Department, after the opportunity for a hearing under the |
| 11 | | appropriate licensing
Act, finds that the licensee has |
| 12 | | failed to make satisfactory repayment to the
Illinois |
| 13 | | Student Assistance Commission for a delinquent or |
| 14 | | defaulted loan.
For the purposes of this Section, |
| 15 | | "satisfactory repayment record" shall be
defined by rule. |
| 16 | | The Department shall refuse to issue or renew a license to,
|
| 17 | | or shall suspend or revoke a license of, any person who, |
| 18 | | after receiving
notice, fails to comply with a subpoena or |
| 19 | | warrant relating to a paternity or
child support |
| 20 | | proceeding. However, the Department may issue a license or
|
| 21 | | renewal upon compliance with the subpoena or warrant.
|
| 22 | | The Department, without further process or hearings, |
| 23 | | shall revoke, suspend,
or deny any license or renewal |
| 24 | | authorized by the Civil Administrative Code of
Illinois to |
| 25 | | a person who is certified by the Department of Healthcare |
| 26 | | and Family Services (formerly Illinois Department of |
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| 1 | | Public Aid)
as being more than 30 days delinquent in |
| 2 | | complying with a child support order
or who is certified by |
| 3 | | a court as being in violation of the Non-Support
Punishment |
| 4 | | Act for more than 60 days. The Department may, however, |
| 5 | | issue a
license or renewal if the person has established a |
| 6 | | satisfactory repayment
record as determined by the |
| 7 | | Department of Healthcare and Family Services (formerly
|
| 8 | | Illinois Department of Public Aid) or if the person
is |
| 9 | | determined by the court to be in compliance with the |
| 10 | | Non-Support Punishment
Act. The Department may implement |
| 11 | | this paragraph as added by Public Act 89-6
through the use |
| 12 | | of emergency rules in accordance with Section 5-45 of the
|
| 13 | | Illinois Administrative Procedure Act. For purposes of the |
| 14 | | Illinois
Administrative Procedure Act, the adoption of |
| 15 | | rules to implement this
paragraph shall be considered an |
| 16 | | emergency and necessary for the public
interest, safety, |
| 17 | | and welfare.
|
| 18 | | (6) To transfer jurisdiction of any realty under the |
| 19 | | control of the
Department to any other department of the |
| 20 | | State Government or to acquire
or accept federal lands when |
| 21 | | the transfer, acquisition, or acceptance is
advantageous |
| 22 | | to the State and is approved in writing by the Governor.
|
| 23 | | (7) To formulate rules and regulations necessary for |
| 24 | | the enforcement of
any Act administered by the Department.
|
| 25 | | (8) To exchange with the Department of Healthcare and |
| 26 | | Family Services information
that may be necessary for the |
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| 1 | | enforcement of child support orders entered
pursuant to the |
| 2 | | Illinois Public Aid Code, the Illinois Marriage and |
| 3 | | Dissolution
of Marriage Act, the Non-Support of Spouse and |
| 4 | | Children Act, the Non-Support
Punishment Act, the Revised |
| 5 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform |
| 6 | | Interstate Family Support Act, or the Illinois Parentage |
| 7 | | Act of 1984.
Notwithstanding any provisions in this Code to |
| 8 | | the contrary, the Department of
Professional Regulation |
| 9 | | shall not be liable under any federal or State law to
any |
| 10 | | person for any disclosure of information to the Department |
| 11 | | of Healthcare and Family Services (formerly Illinois |
| 12 | | Department of
Public Aid)
under this paragraph (8) or for |
| 13 | | any other action taken in good faith
to comply with the |
| 14 | | requirements of this paragraph (8).
|
| 15 | | (9) To perform other duties prescribed
by law.
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| 16 | | (a-5) Except in cases involving default on an educational |
| 17 | | loan or scholarship provided by or guaranteed by the Illinois |
| 18 | | Student Assistance Commission or any governmental agency of |
| 19 | | this State or in cases involving delinquency in complying with |
| 20 | | a child support order or violation of the Non-Support |
| 21 | | Punishment Act, no person or entity whose license, certificate, |
| 22 | | or authority has been revoked as authorized in any licensing |
| 23 | | Act administered by the Department may apply for restoration of |
| 24 | | that license, certification, or authority until 3 years after |
| 25 | | the effective date of the revocation. |
| 26 | | (b) The Department may, when a fee is payable to the |
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| 1 | | Department for a wall
certificate of registration provided by |
| 2 | | the Department of Central Management
Services, require that |
| 3 | | portion of the payment for printing and distribution
costs be |
| 4 | | made directly or through the Department to the Department of |
| 5 | | Central
Management Services for deposit into the Paper and |
| 6 | | Printing Revolving Fund.
The remainder shall be deposited into |
| 7 | | the General Revenue Fund.
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| 8 | | (c) For the purpose of securing and preparing evidence, and |
| 9 | | for the purchase
of controlled substances, professional |
| 10 | | services, and equipment necessary for
enforcement activities, |
| 11 | | recoupment of investigative costs, and other activities
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| 12 | | directed at suppressing the misuse and abuse of controlled |
| 13 | | substances,
including those activities set forth in Sections |
| 14 | | 504 and 508 of the Illinois
Controlled Substances Act, the |
| 15 | | Director and agents appointed and authorized by
the Director |
| 16 | | may expend sums from the Professional Regulation Evidence Fund
|
| 17 | | that the Director deems necessary from the amounts appropriated |
| 18 | | for that
purpose. Those sums may be advanced to the agent when |
| 19 | | the Director deems that
procedure to be in the public interest. |
| 20 | | Sums for the purchase of controlled
substances, professional |
| 21 | | services, and equipment necessary for enforcement
activities |
| 22 | | and other activities as set forth in this Section shall be |
| 23 | | advanced
to the agent who is to make the purchase from the |
| 24 | | Professional Regulation
Evidence Fund on vouchers signed by the |
| 25 | | Director. The Director and those
agents are authorized to |
| 26 | | maintain one or more commercial checking accounts with
any |
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| 1 | | State banking corporation or corporations organized under or |
| 2 | | subject to the
Illinois Banking Act for the deposit and |
| 3 | | withdrawal of moneys to be used for
the purposes set forth in |
| 4 | | this Section; provided, that no check may be written
nor any |
| 5 | | withdrawal made from any such account except upon the written
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| 6 | | signatures of 2 persons designated by the Director to write |
| 7 | | those checks and
make those withdrawals. Vouchers for those |
| 8 | | expenditures must be signed by the
Director. All such |
| 9 | | expenditures shall be audited by the Director, and the
audit |
| 10 | | shall be submitted to the Department of Central Management |
| 11 | | Services for
approval.
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| 12 | | (d) Whenever the Department is authorized or required by |
| 13 | | law to consider
some aspect of criminal history record |
| 14 | | information for the purpose of carrying
out its statutory |
| 15 | | powers and responsibilities, then, upon request and payment
of |
| 16 | | fees in conformance with the requirements of Section 2605-400 |
| 17 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), |
| 18 | | the Department of State
Police is authorized to furnish, |
| 19 | | pursuant to positive identification, the
information contained |
| 20 | | in State files that is necessary to fulfill the request.
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| 21 | | (e) The provisions of this Section do not apply to private |
| 22 | | business and
vocational schools as defined by Section 15 of the |
| 23 | | Private Business and
Vocational Schools Act of 2012.
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| 24 | | (f) Beginning July 1, 1995, this Section does not apply to |
| 25 | | those
professions, trades, and occupations licensed under the |
| 26 | | Real Estate License
Act of 2000, nor does it apply to any |
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| 1 | | permits, certificates, or other
authorizations to do business |
| 2 | | provided for in the Land Sales Registration Act
of 1989 or the |
| 3 | | Illinois Real Estate Time-Share Act.
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| 4 | | (g) Notwithstanding anything that may appear in any |
| 5 | | individual licensing statute or administrative rule, the |
| 6 | | Department shall deny any license application or renewal |
| 7 | | authorized under any licensing Act administered by the |
| 8 | | Department to any person who has failed to file a return, or to |
| 9 | | pay the tax, penalty, or interest shown in a filed return, or |
| 10 | | to pay any final assessment of tax, penalty, or interest, as |
| 11 | | required by any tax Act administered by the Illinois Department |
| 12 | | of Revenue, until such time as the requirement of any such tax |
| 13 | | Act are satisfied; however, the Department may issue a license |
| 14 | | or renewal if the person has established a satisfactory |
| 15 | | repayment record as determined by the Illinois Department of |
| 16 | | Revenue. For the purpose of this Section, "satisfactory |
| 17 | | repayment record" shall be defined by rule.
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| 18 | | In addition, a complaint filed with the Department by the |
| 19 | | Illinois Department of Revenue that includes a certification, |
| 20 | | signed by its Director or designee, attesting to the amount of |
| 21 | | the unpaid tax liability or the years for which a return was |
| 22 | | not filed, or both, is prima facie facia evidence of the |
| 23 | | licensee's failure to comply with the tax laws administered by |
| 24 | | the Illinois Department of Revenue. Upon receipt of that |
| 25 | | certification, the Department shall, without a hearing, |
| 26 | | immediately suspend all licenses held by the licensee. |
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| 1 | | Enforcement of the Department's order shall be stayed for 60 |
| 2 | | days. The Department shall provide notice of the suspension to |
| 3 | | the licensee by mailing a copy of the Department's order by |
| 4 | | certified and regular mail to the licensee's last known address |
| 5 | | as registered with the Department. The notice shall advise the |
| 6 | | licensee that the suspension shall be effective 60 days after |
| 7 | | the issuance of the Department's order unless the Department |
| 8 | | receives, from the licensee, a request for a hearing before the |
| 9 | | Department to dispute the matters contained in the order.
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| 10 | | Any suspension imposed under this subsection (g) shall be |
| 11 | | terminated by the Department upon notification from the |
| 12 | | Illinois Department of Revenue that the licensee is in |
| 13 | | compliance with all tax laws administered by the Illinois |
| 14 | | Department of Revenue.
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| 15 | | The Department shall promulgate rules for the |
| 16 | | administration of this subsection (g).
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| 17 | | (h) The Department may grant the title "Retired", to be |
| 18 | | used immediately adjacent to the title of a profession |
| 19 | | regulated by the Department, to eligible retirees. The use of |
| 20 | | the title "Retired" shall not constitute representation of |
| 21 | | current licensure, registration, or certification. Any person |
| 22 | | without an active license, registration, or certificate in a |
| 23 | | profession that requires licensure, registration, or |
| 24 | | certification shall not be permitted to practice that |
| 25 | | profession. |
| 26 | | (i) Within 180 days after December 23, 2009 (the effective |
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| 1 | | date of Public Act 96-852), the Department shall promulgate |
| 2 | | rules which permit a person with a criminal record, who seeks a |
| 3 | | license or certificate in an occupation for which a criminal |
| 4 | | record is not expressly a per se bar, to apply to the |
| 5 | | Department for a non-binding, advisory opinion to be provided |
| 6 | | by the Board or body with the authority to issue the license or |
| 7 | | certificate as to whether his or her criminal record would bar |
| 8 | | the individual from the licensure or certification sought, |
| 9 | | should the individual meet all other licensure requirements |
| 10 | | including, but not limited to, the successful completion of the |
| 11 | | relevant examinations. |
| 12 | | (Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; |
| 13 | | 96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
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| 14 | | Section 90. The Department of Public Health Powers and |
| 15 | | Duties Law of the
Civil Administrative Code of Illinois is |
| 16 | | amended by setting forth, renumbering, and changing multiple |
| 17 | | versions of Section 2310-665 as follows:
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| 18 | | (20 ILCS 2310/2310-665) |
| 19 | | Sec. 2310-665. Educational materials on streptococcal |
| 20 | | infection. The Department, in conjunction with the Illinois |
| 21 | | State Board of Education, shall develop educational material on |
| 22 | | streptococcal infection for distribution in elementary and |
| 23 | | secondary schools. The material shall include, but not be |
| 24 | | limited to: |
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| 1 | | (1) a process to notify parents or guardians of an |
| 2 | | outbreak in the school; |
| 3 | | (2) a process to provide information on all of the |
| 4 | | symptoms of streptococcal infection to teachers, parents, |
| 5 | | and students; and |
| 6 | | (3) guidelines for schools to control the spread of |
| 7 | | streptococcal infections.
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| 8 | | (Source: P.A. 98-236, eff. 8-9-13; revised 9-12-13.)
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| 9 | | (20 ILCS 2310/2310-670) |
| 10 | | Sec. 2310-670 2310-665. Breast cancer patient education. |
| 11 | | (a) The General Assembly makes the following findings: |
| 12 | | (1) Annually, about 207,090 new cases of breast cancer |
| 13 | | are diagnosed, according to the American Cancer Society. |
| 14 | | (2) Breast cancer has a disproportionate and |
| 15 | | detrimental impact on African-American women and is the |
| 16 | | most common cancer among Hispanic and Latina women. |
| 17 | | (3) African-American women under the age of 40 have a |
| 18 | | greater incidence of breast cancer than Caucasian women of |
| 19 | | the same age. |
| 20 | | (4) Individuals undergoing surgery for breast cancer |
| 21 | | should give due consideration to the option of breast |
| 22 | | reconstructive surgery, either at the same time as the |
| 23 | | breast cancer surgery or at a later date. |
| 24 | | (5) According to the American Cancer Society, |
| 25 | | immediate breast reconstruction offers the advantage of |
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| 1 | | combining the breast cancer surgery with the |
| 2 | | reconstructive surgery and is cost effective. |
| 3 | | (6) According to the American Cancer Society, delayed |
| 4 | | breast reconstruction may be advantageous in women who |
| 5 | | require post-surgical radiation or other treatments. |
| 6 | | (7) A woman suffering from the loss of her breast may |
| 7 | | not be a candidate for surgical breast reconstruction or |
| 8 | | may choose not to undergo additional surgery and instead |
| 9 | | choose breast prostheses. |
| 10 | | (8) The federal Women's Health and Cancer Rights Act of |
| 11 | | 1998 requires health plans that offer breast cancer |
| 12 | | coverage to also provide for breast reconstruction. |
| 13 | | (9) Required coverage for breast reconstruction |
| 14 | | includes all the necessary stages of reconstruction. |
| 15 | | Surgery of the opposite breast for symmetry may be |
| 16 | | required. Breast prostheses may be necessary. Other |
| 17 | | sequelae of breast cancer treatment, such as lymphedema, |
| 18 | | must be covered. |
| 19 | | (10) Several states have enacted laws to require that |
| 20 | | women receive information on their breast cancer treatment |
| 21 | | and reconstruction options. |
| 22 | | (b) In this Section: |
| 23 | | "Hispanic" has the same meaning as in Section 1707 of |
| 24 | | the federal Public Health Services Act. |
| 25 | | "Racial and ethnic minority group" has the same meaning |
| 26 | | as in Section 1707 of the federal Public Health Services |
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| 1 | | Act. |
| 2 | | (c) The Director shall provide for the planning and |
| 3 | | implementation of an education campaign to inform breast cancer |
| 4 | | patients, especially those in racial and ethnic minority |
| 5 | | groups, anticipating surgery regarding the availability and |
| 6 | | coverage of breast reconstruction, prostheses, and other |
| 7 | | options. The
campaign shall include the dissemination, at a |
| 8 | | minimum, on relevant State health Internet websites, including |
| 9 | | the Department of Public Health's Internet website, of the |
| 10 | | following information: |
| 11 | | (1) Breast reconstruction is possible at the time of |
| 12 | | breast cancer surgery or in a delayed fashion. |
| 13 | | (2) Prostheses or breast forms may be available. |
| 14 | | (3) Federal law mandates both public and private health |
| 15 | | plans to include coverage of breast reconstruction and |
| 16 | | prostheses. |
| 17 | | (4) The patient has a right to choose the provider of |
| 18 | | reconstructive care, including the potential transfer of |
| 19 | | care to a surgeon that provides breast reconstructive care. |
| 20 | | (5) The patient may opt to undergo breast |
| 21 | | reconstruction in a delayed fashion for personal reasons or |
| 22 | | after completion of all other breast cancer treatments. |
| 23 | | The campaign may include dissemination of such other |
| 24 | | information, whether developed by the Director or by other |
| 25 | | entities, as the Director determines relevant.
The campaign |
| 26 | | shall not specify, or be designed to serve as a tool to limit, |
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| 1 | | the health care providers available to patients. |
| 2 | | (d) In developing the information to be disseminated under |
| 3 | | this Section, the Director shall consult with appropriate |
| 4 | | medical societies and patient advocates related to breast |
| 5 | | cancer, patient advocates representing racial and ethnic |
| 6 | | minority groups, with a special emphasis on African-American |
| 7 | | and Hispanic populations' population's breast reconstructive |
| 8 | | surgery, and breast prostheses and breast forms. |
| 9 | | (e) Beginning no later than January 1, 2016 (2 years after |
| 10 | | the effective date of Public Act 98-479) this amendatory Act of |
| 11 | | the 98th General Assembly and continuing each second year |
| 12 | | thereafter, the Director shall submit to the General Assembly a |
| 13 | | report describing the activities carried out under this Section |
| 14 | | during the preceding 2 fiscal years, including evaluating the |
| 15 | | extent to which the activities have been effective in improving |
| 16 | | the health of racial and ethnic minority groups.
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| 17 | | (Source: P.A. 98-479, eff. 1-1-14; revised 9-12-13.)
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| 18 | | (20 ILCS 2310/2310-675) |
| 19 | | (Section scheduled to be repealed on January 1, 2016) |
| 20 | | Sec. 2310-675 2310-665. Hepatitis C Task Force. |
| 21 | | (a) The General Assembly finds and declares the following: |
| 22 | | (1) Viral hepatitis is a contagious and |
| 23 | | life-threatening disease that has a substantial and |
| 24 | | increasing effect upon the lifespans and quality of life of |
| 25 | | at least 5,000,000 persons living in the United States and |
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| 1 | | as many as 180,000,000 worldwide. According to the U.S. |
| 2 | | Department of Health and Human Services (HHS), the chronic |
| 3 | | form of the hepatitis C virus (HCV) and hepatitis B virus |
| 4 | | (HBV) account for the vast majority of hepatitis-related |
| 5 | | mortalities in the U.S., yet as many as 65% to 75% of |
| 6 | | infected Americans remain unaware that they are infected |
| 7 | | with the virus, prompting the U.S. Centers for Disease |
| 8 | | Control and Prevention (CDC) to label these viruses as the |
| 9 | | silent epidemic. HCV and HBV are major public health |
| 10 | | problems that cause chronic liver diseases, such as |
| 11 | | cirrhosis, liver failure, and liver cancer. The 5-year |
| 12 | | survival rate for primary liver cancer is less than 5%. |
| 13 | | These viruses are also the leading cause of liver |
| 14 | | transplantation in the United States. While there is a |
| 15 | | vaccine for HBV, no vaccine exists for HCV. However, there |
| 16 | | are anti-viral treatments for HCV that can improve the |
| 17 | | prognosis or actually clear the virus from the patient's |
| 18 | | system. Unfortunately, the vast majority of infected |
| 19 | | patients remain unaware that they have the virus since |
| 20 | | there are generally no symptoms. Therefore, there is a dire |
| 21 | | need to aid the public in identifying certain risk factors |
| 22 | | that would warrant testing for these viruses. Millions of |
| 23 | | infected patients remain undiagnosed and continue to be at |
| 24 | | elevated risks for developing more serious complications. |
| 25 | | More needs to be done to educate the public about this |
| 26 | | disease and the risk factors that warrant testing. In some |
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| 1 | | cases, infected patients play an unknowing role in further |
| 2 | | spreading this infectious disease. |
| 3 | | (2) The existence of HCV was definitively published and |
| 4 | | discovered by medical researchers in 1989. Prior to this |
| 5 | | date, HCV is believed to have spread unchecked. The |
| 6 | | American Association for the Study of Liver Diseases |
| 7 | | (AASLD) recommends that primary care physicians screen all |
| 8 | | patients for a history of any viral hepatitis risk factor |
| 9 | | and test those individuals with at least one identifiable |
| 10 | | risk factor for the virus. Some of the most common risk |
| 11 | | factors have been identified by AASLD, HHS, and the U.S. |
| 12 | | Department of Veterans Affairs, as well as other public |
| 13 | | health and medical research organizations, and include the |
| 14 | | following: |
| 15 | | (A) anyone who has received a blood transfusion |
| 16 | | prior to 1992; |
| 17 | | (B) anyone who is a Vietnam-era veteran; |
| 18 | | (C) anyone who has abnormal liver function tests; |
| 19 | | (D) anyone infected with the HIV virus; |
| 20 | | (E) anyone who has used a needle to inject drugs; |
| 21 | | (F) any health care, emergency medical, or public |
| 22 | | safety worker who has been stuck by a needle or exposed |
| 23 | | to any mucosal fluids of an HCV-infected person; and |
| 24 | | (G) any children born to HCV-infected mothers. |
| 25 | | A 1994 study determined that Caucasian Americans |
| 26 | | statistically accounted for the most number of infected |
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| 1 | | persons in the United States, while the highest incidence |
| 2 | | rates were among African and Hispanic Americans. |
| 3 | | (3) In January of 2010, the Institute of Medicine |
| 4 | | (IOM), commissioned by the CDC, issued a comprehensive |
| 5 | | report entitled Hepatitis and Liver Cancer: A National |
| 6 | | Strategy for Prevention and Control of Hepatitis B and C. |
| 7 | | The key findings and recommendations from the IOM's report |
| 8 | | are (A) there is a lack of knowledge and awareness about |
| 9 | | chronic viral hepatitis on the part of health care and |
| 10 | | social service providers, (B) there is a lack of knowledge |
| 11 | | and awareness about chronic viral hepatitis among at-risk |
| 12 | | populations, members of the public, and policy makers, and |
| 13 | | (C) there is insufficient understanding about the extent |
| 14 | | and seriousness of the public health problem, so inadequate |
| 15 | | public resources are being allocated to prevention, |
| 16 | | control, and surveillance programs. |
| 17 | | (4) In this same 2010 IOM report, researchers compared |
| 18 | | the prevalence and incidences of HCV, HBV, and HIV and |
| 19 | | found that, although there are only 1,100,000 HIV/AIDS |
| 20 | | infected persons in the United States and over 4,000,000 |
| 21 | | Americans infected with viral hepatitis, the percentage of |
| 22 | | those with HIV that are unaware they have HIV is only 21% |
| 23 | | as opposed to approximately 70% of those with viral |
| 24 | | hepatitis being unaware that they have viral hepatitis. It |
| 25 | | appears that public awareness of risk factors associated |
| 26 | | with each of these diseases could be a major factor in the |
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| 1 | | alarming disparity between the percentage of the |
| 2 | | population that is infected with one of these blood |
| 3 | | viruses, but unaware that they are infected. |
| 4 | | (5) In light of the widely varied nature of the risk |
| 5 | | factors mentioned in this subsection (a), the previous |
| 6 | | findings by the Institute of Medicine, and the clear |
| 7 | | evidence of the disproportional public awareness between |
| 8 | | HIV and viral hepatitis, it is clearly in the public |
| 9 | | interest for this State to establish a task force to gather |
| 10 | | testimony and develop an action plan to (A) increase public |
| 11 | | awareness of the risk factors for these viruses, (B) |
| 12 | | improve access to screening for these viruses, and (C) |
| 13 | | provide those infected with information about the |
| 14 | | prognosis, treatment options, and elevated risk of |
| 15 | | developing cirrhosis and liver cancer. There is clear and |
| 16 | | increasing evidence that many adults in Illinois and in the |
| 17 | | United States have at least one of the risk factors |
| 18 | | mentioned in this subsection (a). |
| 19 | | (6) The General Assembly also finds that it is in the |
| 20 | | public interest to bring communities of Illinois-based |
| 21 | | veterans of American military service into familiarity |
| 22 | | with the issues created by this disease, because many |
| 23 | | veterans, especially Vietnam-era veterans, have at least |
| 24 | | one of the previously enumerated risk factors and are |
| 25 | | especially prone to being affected by this disease; and |
| 26 | | because veterans of American military service should enjoy |
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| 1 | | in all cases, and do enjoy in most cases, adequate access |
| 2 | | to health care services that include medical management and |
| 3 | | care for preexisting and long-term medical conditions, |
| 4 | | such as infection with the hepatitis virus. |
| 5 | | (b) There is established the Hepatitis C Task Force
within |
| 6 | | the Department of Public Health. The purpose of the Task Force |
| 7 | | shall be to: |
| 8 | | (1) develop strategies to identify and address the |
| 9 | | unmet needs of persons
with hepatitis C in order to enhance |
| 10 | | the quality of life of persons with hepatitis C by |
| 11 | | maximizing
productivity and independence and addressing |
| 12 | | emotional, social, financial, and vocational
challenges of |
| 13 | | persons with hepatitis C; |
| 14 | | (2) develop strategies to provide persons with |
| 15 | | hepatitis C greater access to
various treatments and other |
| 16 | | therapeutic options that may be available; and |
| 17 | | (3) develop strategies to improve hepatitis C |
| 18 | | education and awareness. |
| 19 | | (c) The Task Force shall consist of 17 members as follows: |
| 20 | | (1) the Director of Public Health, the Director of |
| 21 | | Veterans' Affairs, and the Director of Human Services,
or |
| 22 | | their designees, who shall serve ex officio; |
| 23 | | (2) ten public members who shall be appointed by
the |
| 24 | | Director of Public Health from the medical, patient, and |
| 25 | | service provider communities, including, but not limited |
| 26 | | to, HCV Support, Inc.; and |
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| 1 | | (3) four members of the General Assembly, appointed
one |
| 2 | | each by the President of the Senate, the Minority Leader of |
| 3 | | the Senate, the Speaker of the House of Representatives, |
| 4 | | and the Minority Leader of the House of Representatives. |
| 5 | | Vacancies in the membership of the Task Force shall be |
| 6 | | filled in the same
manner provided for in the original |
| 7 | | appointments. |
| 8 | | (d) The Task Force shall organize within 120 days following |
| 9 | | the
appointment of a majority of its members and shall select a |
| 10 | | chairperson and
vice-chairperson from among the members. The |
| 11 | | chairperson shall appoint a
secretary, who need not be a member |
| 12 | | of the Task Force. |
| 13 | | (e) The public members shall serve without compensation and |
| 14 | | shall not be reimbursed for necessary expenses incurred in the
|
| 15 | | performance of their duties, unless funds
become available to |
| 16 | | the Task Force. |
| 17 | | (f) The Task Force shall be entitled to call to its |
| 18 | | assistance and avail
itself of the services of the employees of |
| 19 | | any State, county, or municipal
department, board, bureau, |
| 20 | | commission, or agency as it may require and as may be
available |
| 21 | | to it for its purposes. |
| 22 | | (g) The Task Force may meet and hold hearings as it deems |
| 23 | | appropriate. |
| 24 | | (h) The Department of Public Health shall provide staff
|
| 25 | | support to the Task Force. |
| 26 | | (i) The Task Force shall report its findings and |
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| 1 | | recommendations to the
Governor and to the General Assembly, |
| 2 | | along with any legislative bills that it desires to recommend
|
| 3 | | for adoption by the General Assembly, no later than December |
| 4 | | 31, 2015. |
| 5 | | (j) The Task Force is abolished and this Section is |
| 6 | | repealed on January 1, 2016.
|
| 7 | | (Source: P.A. 98-493, eff. 8-16-13; revised 9-12-13.)
|
| 8 | | (20 ILCS 2310/2310-680) |
| 9 | | (Section scheduled to be repealed on January 1, 2016) |
| 10 | | Sec. 2310-680 2310-665. Multiple Sclerosis Task Force. |
| 11 | | (a) The General Assembly finds and declares the following: |
| 12 | | (1) Multiple sclerosis (MS) is a chronic, often |
| 13 | | disabling, disease that
attacks the central nervous |
| 14 | | system, which is comprised of the brain, spinal
cord, and |
| 15 | | optic nerves. MS is the number one disabling disease among |
| 16 | | young adults, striking in the prime of life. It is a |
| 17 | | disease in which the body, through its immune
system, |
| 18 | | launches a defensive and damaging attack against its own |
| 19 | | tissues. MS
damages the nerve-insulating myelin sheath |
| 20 | | that surrounds and protects the
brain. The damage to the |
| 21 | | myelin sheath slows down or blocks messages between
the |
| 22 | | brain and the body. |
| 23 | | (2) Most people experience their first symptoms of MS |
| 24 | | between the ages of
20 and 40, but MS can appear in young |
| 25 | | children and teens as well as much older adults. MS |
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| 1 | | symptoms can include visual disturbances, muscle weakness,
|
| 2 | | trouble with coordination and balance, sensations such as |
| 3 | | numbness, prickling or
pins and needles, and thought and |
| 4 | | memory problems. MS patients can also
experience partial or |
| 5 | | complete paralysis, speech impediments, tremors,
|
| 6 | | dizziness, stiffness and spasms, fatigue, paresthesias, |
| 7 | | pain, and loss of
sensation. |
| 8 | | (3) The cause of MS remains unknown; however, having a |
| 9 | | first-degree
relative, such as a parent or sibling, with MS |
| 10 | | significantly increases a
person's risk of developing the |
| 11 | | disease. According to the National Institute of
|
| 12 | | Neurological Disorders and Stroke, it is estimated that |
| 13 | | there are approximately
250,000 to 350,000 persons in the |
| 14 | | United States who are diagnosed with MS. This
estimate |
| 15 | | suggests that approximately 200 new cases are diagnosed |
| 16 | | each week. Other sources report a population of at least |
| 17 | | 400,000 in the United States. The estimate of persons with |
| 18 | | MS in Illinois is 20,000, with at least 2 areas of MS |
| 19 | | clusters identified in Illinois. |
| 20 | | (4) Presently, there is no cure for MS. The complex and |
| 21 | | variable nature of the disease makes it very difficult to |
| 22 | | diagnose, treat, and research. The cost to the family, |
| 23 | | often with young children, can be overwhelming. Among |
| 24 | | common diagnoses, non-stroke neurologic illnesses, such as |
| 25 | | multiple sclerosis, were associated with the highest |
| 26 | | out-of-pocket expenditures (a mean of $34,167), followed |
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| 1 | | by diabetes ($26,971), injuries ($25,096), stroke |
| 2 | | ($23,380), mental illnesses ($23,178), and heart disease |
| 3 | | ($21,955). Median out-of-pocket costs for health care |
| 4 | | among people with MS, excluding insurance premiums, were |
| 5 | | almost twice as much as the general population. The costs |
| 6 | | associated with MS increase with greater disability. Costs |
| 7 | | for severely disabled individuals are more than twice those |
| 8 | | for persons with a relatively mild form of the disease. A |
| 9 | | recent study of medical bankruptcy found that 62.1% of all |
| 10 | | personal bankruptcies in the United States were related to |
| 11 | | medical costs. |
| 12 | | (5) Therefore, it is in the public interest for the |
| 13 | | State to establish a
Multiple Sclerosis Task Force in order |
| 14 | | to identify and address the unmet needs
of persons with MS |
| 15 | | and develop ways to enhance their quality of life. |
| 16 | | (b) There is established the Multiple Sclerosis Task Force
|
| 17 | | in the Department of Public Health. The purpose of the Task |
| 18 | | Force shall be to: |
| 19 | | (1) develop strategies to identify and address the |
| 20 | | unmet needs of persons
with MS in order to enhance the |
| 21 | | quality of life of persons with MS by maximizing
|
| 22 | | productivity and independence and addressing emotional, |
| 23 | | social, financial, and vocational
challenges of persons |
| 24 | | with MS; |
| 25 | | (2) develop strategies to provide persons with MS |
| 26 | | greater access to
various treatments and other therapeutic |
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| 1 | | options that may be available; and |
| 2 | | (3) develop strategies to improve multiple sclerosis |
| 3 | | education and awareness. |
| 4 | | (c) The Task Force shall consist of 16 members as follows: |
| 5 | | (1) the Director of Public Health and the Director of |
| 6 | | Human Services,
or their designees, who shall serve ex |
| 7 | | officio; and |
| 8 | | (2) fourteen public members, who shall be appointed by |
| 9 | | the Director of Public Health as
follows: 2 neurologists |
| 10 | | licensed to practice medicine in this State; 3 registered |
| 11 | | nurses or other health professionals with MS certification |
| 12 | | and extensive expertise with progressed MS; one
person upon |
| 13 | | the recommendation of the National Multiple Sclerosis |
| 14 | | Society; 3 persons who represent agencies that provide |
| 15 | | services
or support to individuals with MS in this State; 3 |
| 16 | | persons who have MS, at least one of whom having progressed |
| 17 | | MS; and
2 members of the public with a demonstrated |
| 18 | | expertise in issues relating to
the work of the Task Force. |
| 19 | | Vacancies in the membership of the Task Force shall be |
| 20 | | filled in the same
manner provided for in the original |
| 21 | | appointments. |
| 22 | | (d) The Task Force shall organize within 120 days following |
| 23 | | the
appointment of a majority of its members and shall select a |
| 24 | | chairperson and
vice-chairperson from among the members. The |
| 25 | | chairperson shall appoint a
secretary who need not be a member |
| 26 | | of the Task Force. |
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| 1 | | (e) The public members shall serve without compensation and |
| 2 | | shall not be reimbursed for necessary expenses incurred in the
|
| 3 | | performance of their duties unless funds
become available to |
| 4 | | the Task Force. |
| 5 | | (f) The Task Force may meet and hold hearings as it deems |
| 6 | | appropriate. |
| 7 | | (g) The Department of Public Health shall provide staff
|
| 8 | | support to the Task Force. |
| 9 | | (h) The Task Force shall report its findings and |
| 10 | | recommendations to the
Governor and to the General Assembly, |
| 11 | | along with any legislative bills that it desires to recommend
|
| 12 | | for adoption by the General Assembly, no later than December |
| 13 | | 31, 2015. |
| 14 | | (i) The Task Force is abolished and this Section is |
| 15 | | repealed on January 1, 2016.
|
| 16 | | (Source: P.A. 98-530, eff. 8-23-13; revised 9-12-13.)
|
| 17 | | Section 95. The Disabilities Services Act of 2003 is |
| 18 | | amended by changing Section 10 as follows:
|
| 19 | | (20 ILCS 2407/10)
|
| 20 | | Sec. 10. Application of Act; definitions.
|
| 21 | | (a) This Act
applies to persons with disabilities. The |
| 22 | | disabilities included are
defined for purposes of this Act as |
| 23 | | follows:
|
| 24 | | "Disability" means a disability as defined by the Americans
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| 1 | | with Disabilities Act of 1990 that is attributable to a
|
| 2 | | developmental disability, a mental illness, or a physical
|
| 3 | | disability, or combination of those.
|
| 4 | | "Developmental disability" means a disability that is
|
| 5 | | attributable to an intellectual disability or a related |
| 6 | | condition. A
related condition must meet all of the following |
| 7 | | conditions:
|
| 8 | | (1) It must be attributable to cerebral palsy,
|
| 9 | | epilepsy, or any other condition (other than
mental |
| 10 | | illness) found to be closely related to an intellectual |
| 11 | | disability because that condition results in impairment of
|
| 12 | | general intellectual functioning or adaptive behavior |
| 13 | | similar
to that of individuals with an intellectual |
| 14 | | disability, and requires
treatment or services similar to |
| 15 | | those required for those
individuals. For purposes of this |
| 16 | | Section, autism is considered a related
condition.
|
| 17 | | (2) It must be manifested before the individual reaches
|
| 18 | | age 22.
|
| 19 | | (3) It must be likely to continue indefinitely.
|
| 20 | | (4) It must result in substantial functional
|
| 21 | | limitations in 3 or more of the following areas of major |
| 22 | | life
activity: self-care, language, learning, mobility, |
| 23 | | self-direction, and capacity
for independent living.
|
| 24 | | "Mental Illness" means a mental or emotional disorder
|
| 25 | | verified by a diagnosis contained in the
Diagnostic and |
| 26 | | Statistical Manual of Mental Disorders-Fourth Edition, |
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| 1 | | published
by the American Psychiatric Association (DSM-IV), or |
| 2 | | its successor, or
International Classification of Diseases, |
| 3 | | 9th Revision, Clinical Modification
(ICD-9-CM), or its |
| 4 | | successor, that
substantially impairs a person's cognitive, |
| 5 | | emotional, or
behavioral functioning, or any combination of |
| 6 | | those, excluding
(i) conditions that may be the focus of |
| 7 | | clinical attention but are not of
sufficient duration or |
| 8 | | severity to be categorized as a mental illness, such as
|
| 9 | | parent-child relational problems, partner-relational problems, |
| 10 | | sexual abuse of
a child, bereavement, academic problems, |
| 11 | | phase-of-life problems, and
occupational problems |
| 12 | | (collectively, "V codes"), (ii) organic disorders such as
|
| 13 | | substance intoxication dementia, substance withdrawal |
| 14 | | dementia, Alzheimer's
disease, vascular dementia, dementia due |
| 15 | | to HIV infection, and dementia due to Creutzfeldt-Jakob
|
| 16 | | Creutzfeld-Jakob disease
and disorders associated with
known |
| 17 | | or unknown physical conditions such as hallucinosis, amnestic
|
| 18 | | disorders and delirium, and psychoactive substance-induced |
| 19 | | organic
disorders, and (iii) an intellectual disability or |
| 20 | | psychoactive substance use
disorders.
|
| 21 | | "Intellectual disability" means significantly sub-average |
| 22 | | general
intellectual functioning existing concurrently with |
| 23 | | deficits in
adaptive behavior and manifested before the age of |
| 24 | | 22 years.
|
| 25 | | "Physical disability" means a disability as defined by the
|
| 26 | | Americans with Disabilities Act of 1990 that meets the |
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| 1 | | following
criteria:
|
| 2 | | (1) It is attributable to a physical impairment.
|
| 3 | | (2) It results in a substantial functional limitation
|
| 4 | | in any of the following areas of major life activity:
(i) |
| 5 | | self-care, (ii) receptive and expressive language, (iii)
|
| 6 | | learning, (iv) mobility, (v) self-direction, (vi) capacity
|
| 7 | | for independent living, and (vii) economic sufficiency.
|
| 8 | | (3) It reflects the person's need for a combination and
|
| 9 | | sequence of special, interdisciplinary, or general care,
|
| 10 | | treatment, or other services that are of lifelong or of
|
| 11 | | extended duration and must be individually planned and
|
| 12 | | coordinated.
|
| 13 | | (b) In this Act:
|
| 14 | | "Chronological age-appropriate services" means services, |
| 15 | | activities,
and strategies for persons with disabilities that |
| 16 | | are
representative of the lifestyle activities of nondisabled |
| 17 | | peers of similar
age in the community.
|
| 18 | | "Comprehensive evaluation" means procedures used by |
| 19 | | qualified professionals
selectively with an individual to
|
| 20 | | determine whether a person has a disability and the nature
and |
| 21 | | extent of the services that the person with a disability
needs.
|
| 22 | | "Department" means the Department on Aging, the Department |
| 23 | | of Human Services,
the Department of Public Health, the |
| 24 | | Department of
Public Aid (now Department Healthcare and Family |
| 25 | | Services), the University of Illinois Division of Specialized |
| 26 | | Care for
Children, the Department of Children and Family |
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| 1 | | Services, and the Illinois
State
Board of Education, where |
| 2 | | appropriate, as designated in the implementation plan
|
| 3 | | developed under Section 20.
|
| 4 | | "Family" means a natural, adoptive, or foster parent or |
| 5 | | parents or
other person or persons responsible for the care of |
| 6 | | an individual with a
disability in a family setting.
|
| 7 | | "Family or individual support" means those resources and |
| 8 | | services
that are necessary to maintain an individual with a
|
| 9 | | disability within the family home or his or her own home. These |
| 10 | | services may
include, but are not
limited to, cash subsidy, |
| 11 | | respite care, and counseling services.
|
| 12 | | "Independent service coordination" means a social service |
| 13 | | that enables
persons
with developmental disabilities and their |
| 14 | | families to locate, use, and
coordinate resources
and
|
| 15 | | opportunities in their communities on the basis of individual |
| 16 | | need. Independent
service
coordination is independent of |
| 17 | | providers of services and funding sources and is
designed
to |
| 18 | | ensure accessibility, continuity of care, and accountability |
| 19 | | and to maximize
the
potential of persons with developmental |
| 20 | | disabilities for independence,
productivity, and
integration |
| 21 | | into
the community. Independent service coordination includes, |
| 22 | | at a minimum: (i)
outreach to
identify eligible individuals; |
| 23 | | (ii) assessment and periodic reassessment to
determine each
|
| 24 | | individual's strengths, functional limitations, and need for |
| 25 | | specific services;
(iii)
participation in the development of a |
| 26 | | comprehensive individual service or
treatment plan;
(iv) |
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| 1 | | referral to and linkage with needed services and supports; (v) |
| 2 | | monitoring
to ensure
the delivery of appropriate services and |
| 3 | | to determine individual progress in
meeting goals
and |
| 4 | | objectives; and (vi) advocacy to assist the person in obtaining |
| 5 | | all
services for which
he or she is eligible or entitled.
|
| 6 | | "Individual service or treatment plan" means a recorded |
| 7 | | assessment of the
needs
of a person with a disability, a |
| 8 | | description of the services
recommended, the goals of each type |
| 9 | | of element of service, an anticipated
timetable for the |
| 10 | | accomplishment of the goals, and a designation of the
qualified |
| 11 | | professionals responsible for the implementation of the plan.
|
| 12 | | "Least restrictive environment" means an environment that
|
| 13 | | represents the least departure from the normal patterns of |
| 14 | | living and that
effectively meets the needs of the person |
| 15 | | receiving the service.
|
| 16 | | (Source: P.A. 97-227, eff. 1-1-12; revised 9-4-13.)
|
| 17 | | Section 100. The Department of State Police Law of the
|
| 18 | | Civil Administrative Code of Illinois is amended by setting |
| 19 | | forth and renumbering multiple versions of Section 2605-595 as |
| 20 | | follows:
|
| 21 | | (20 ILCS 2605/2605-595) |
| 22 | | Sec. 2605-595. State Police Firearm Services Fund. |
| 23 | | (a) There is created in the State treasury a special fund |
| 24 | | known as the State Police Firearm Services Fund. The Fund shall |
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| 1 | | receive revenue under the Firearm Concealed Carry Act and |
| 2 | | Section 5 of the Firearm Owners Identification Card Act. The |
| 3 | | Fund may also receive revenue from grants, pass-through grants, |
| 4 | | donations, appropriations, and any other legal source. |
| 5 | | (b) The Department of State Police may use moneys in the |
| 6 | | Fund to finance any of its lawful purposes, mandates, |
| 7 | | functions, and duties under the Firearm Owners Identification |
| 8 | | Card Act and the Firearm Concealed Carry Act, including the |
| 9 | | cost of sending notices of expiration of Firearm Owner's |
| 10 | | Identification Cards, concealed carry licenses, the prompt and |
| 11 | | efficient processing of applications under the Firearm Owners |
| 12 | | Identification Card Act and the Firearm Concealed Carry Act, |
| 13 | | the improved efficiency and reporting of the LEADS and federal |
| 14 | | NICS law enforcement data systems, and support for |
| 15 | | investigations required under these Acts and law. Any surplus |
| 16 | | funds beyond what is needed to comply with the aforementioned |
| 17 | | purposes shall be used by the Department to improve the Law |
| 18 | | Enforcement Agencies Data System (LEADS) and criminal history |
| 19 | | background check system. |
| 20 | | (c) Investment income that is attributable to the |
| 21 | | investment of moneys in the Fund shall be retained in the Fund |
| 22 | | for the uses specified in this Section.
|
| 23 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 24 | | (20 ILCS 2605/2605-600) |
| 25 | | Sec. 2605-600 2605-595. Crimes Against Police Officers |
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| 1 | | Advisory. |
| 2 | | (a) For purposes of this Section: |
| 3 | | "Attempt" has the meaning ascribed to that term in |
| 4 | | Section 8-4 of the Criminal Code of 2012. |
| 5 | | "Concealment of homicidal death" has the meaning |
| 6 | | ascribed to that term in Section 9-3.4 of the Criminal Code |
| 7 | | of 2012. |
| 8 | | "First degree murder" has the meaning ascribed to that |
| 9 | | term in Section 9-1 of the Criminal Code of 2012. |
| 10 | | "Involuntary manslaughter" and "reckless homicide" |
| 11 | | have the meanings ascribed to those terms in Section 9-3 of |
| 12 | | the Criminal Code of 2012. |
| 13 | | "Second degree murder" has the meaning ascribed to that |
| 14 | | term in Section 9-2 of the Criminal Code of 2012. |
| 15 | | (b) A coordinated program known as the Crimes Against |
| 16 | | Police Officers Advisory is established within
the Department |
| 17 | | of State Police. The purpose of the Crimes Against Police |
| 18 | | Officers Advisory is to
provide a regional system for the rapid |
| 19 | | dissemination of information regarding a person who is |
| 20 | | suspected of committing or attempting to commit any of the |
| 21 | | offenses described in subsection (c). |
| 22 | | (c) The Department of State Police shall develop an |
| 23 | | advisory to assist law enforcement agencies when the commission |
| 24 | | or attempted commission of the following offenses against a |
| 25 | | peace officer occur: |
| 26 | | (1) first degree murder; |
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| 1 | | (2) second degree murder; |
| 2 | | (3) involuntary manslaughter; |
| 3 | | (4) reckless homicide; and |
| 4 | | (5)
concealment of homicidal death. |
| 5 | | (d) Law enforcement agencies participating in the advisory |
| 6 | | may request assistance when: |
| 7 | | (1) the agency believes that a suspect has not been |
| 8 | | apprehended; |
| 9 | | (2) the agency believes that the suspect may be a |
| 10 | | serious threat to the public; and |
| 11 | | (3) sufficient information is available to disseminate |
| 12 | | to the public that could assist in locating the suspect. |
| 13 | | (e) The Department of State Police shall reserve the |
| 14 | | authority to determine if dissemination of the information will |
| 15 | | pose a significant risk to the public or jeopardize the |
| 16 | | investigation. |
| 17 | | (f) The Department of State Police may partner with media |
| 18 | | and may request a media broadcast concerning details of the |
| 19 | | suspect in order to obtain the public's assistance in locating |
| 20 | | the suspect or vehicle used in the offense, or both.
|
| 21 | | (Source: P.A. 98-263, eff. 1-1-14; revised 10-17-13.)
|
| 22 | | Section 105. The Criminal Identification Act is amended by |
| 23 | | changing Sections 4 and 5.2 as follows:
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| 24 | | (20 ILCS 2630/4) (from Ch. 38, par. 206-4)
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| 1 | | Sec. 4. The Department may use the following systems of |
| 2 | | identification: the Bertillon The
Bertillion system, the |
| 3 | | finger print system, and any system of measurement
or |
| 4 | | identification that may be adopted by law or rule in the |
| 5 | | various penal
institutions or bureaus of identification |
| 6 | | wherever located.
|
| 7 | | The Department shall make a record consisting of duplicates |
| 8 | | of all
measurements, processes, operations, signalletic cards, |
| 9 | | plates,
photographs, outline pictures, measurements, |
| 10 | | descriptions of and data
relating to all persons confined in |
| 11 | | penal institutions wherever located, so
far as the same are |
| 12 | | obtainable, in accordance with whatever system or
systems may |
| 13 | | be found most efficient and practical.
|
| 14 | | (Source: Laws 1957, p. 1422; revised 9-4-13.)
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| 15 | | (20 ILCS 2630/5.2)
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| 16 | | Sec. 5.2. Expungement and sealing. |
| 17 | | (a) General Provisions. |
| 18 | | (1) Definitions. In this Act, words and phrases have
|
| 19 | | the meanings set forth in this subsection, except when a
|
| 20 | | particular context clearly requires a different meaning. |
| 21 | | (A) The following terms shall have the meanings |
| 22 | | ascribed to them in the Unified Code of Corrections, |
| 23 | | 730 ILCS 5/5-1-2 through 5/5-1-22: |
| 24 | | (i) Business Offense (730 ILCS 5/5-1-2), |
| 25 | | (ii) Charge (730 ILCS 5/5-1-3), |
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| 1 | | (iii) Court (730 ILCS 5/5-1-6), |
| 2 | | (iv) Defendant (730 ILCS 5/5-1-7), |
| 3 | | (v) Felony (730 ILCS 5/5-1-9), |
| 4 | | (vi) Imprisonment (730 ILCS 5/5-1-10), |
| 5 | | (vii) Judgment (730 ILCS 5/5-1-12), |
| 6 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
| 7 | | (ix) Offense (730 ILCS 5/5-1-15), |
| 8 | | (x) Parole (730 ILCS 5/5-1-16), |
| 9 | | (xi) Petty Offense (730 ILCS 5/5-1-17), |
| 10 | | (xii) Probation (730 ILCS 5/5-1-18), |
| 11 | | (xiii) Sentence (730 ILCS 5/5-1-19), |
| 12 | | (xiv) Supervision (730 ILCS 5/5-1-21), and |
| 13 | | (xv) Victim (730 ILCS 5/5-1-22). |
| 14 | | (B) As used in this Section, "charge not initiated |
| 15 | | by arrest" means a charge (as defined by 730 ILCS |
| 16 | | 5/5-1-3) brought against a defendant where the |
| 17 | | defendant is not arrested prior to or as a direct |
| 18 | | result of the charge. |
| 19 | | (C) "Conviction" means a judgment of conviction or |
| 20 | | sentence entered upon a plea of guilty or upon a |
| 21 | | verdict or finding of guilty of an offense, rendered by |
| 22 | | a legally constituted jury or by a court of competent |
| 23 | | jurisdiction authorized to try the case without a jury. |
| 24 | | An order of supervision successfully completed by the |
| 25 | | petitioner is not a conviction. An order of qualified |
| 26 | | probation (as defined in subsection (a)(1)(J)) |
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| 1 | | successfully completed by the petitioner is not a |
| 2 | | conviction. An order of supervision or an order of |
| 3 | | qualified probation that is terminated |
| 4 | | unsatisfactorily is a conviction, unless the |
| 5 | | unsatisfactory termination is reversed, vacated, or |
| 6 | | modified and the judgment of conviction, if any, is |
| 7 | | reversed or vacated. |
| 8 | | (D) "Criminal offense" means a petty offense, |
| 9 | | business offense, misdemeanor, felony, or municipal |
| 10 | | ordinance violation (as defined in subsection |
| 11 | | (a)(1)(H)). As used in this Section, a minor traffic |
| 12 | | offense (as defined in subsection (a)(1)(G)) shall not |
| 13 | | be considered a criminal offense. |
| 14 | | (E) "Expunge" means to physically destroy the |
| 15 | | records or return them to the petitioner and to |
| 16 | | obliterate the petitioner's name from any official |
| 17 | | index or public record, or both. Nothing in this Act |
| 18 | | shall require the physical destruction of the circuit |
| 19 | | court file, but such records relating to arrests or |
| 20 | | charges, or both, ordered expunged shall be impounded |
| 21 | | as required by subsections (d)(9)(A)(ii) and |
| 22 | | (d)(9)(B)(ii). |
| 23 | | (F) As used in this Section, "last sentence" means |
| 24 | | the sentence, order of supervision, or order of |
| 25 | | qualified probation (as defined by subsection |
| 26 | | (a)(1)(J)), for a criminal offense (as defined by |
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| 1 | | subsection (a)(1)(D)) that terminates last in time in |
| 2 | | any jurisdiction, regardless of whether the petitioner |
| 3 | | has included the criminal offense for which the |
| 4 | | sentence or order of supervision or qualified |
| 5 | | probation was imposed in his or her petition. If |
| 6 | | multiple sentences, orders of supervision, or orders |
| 7 | | of qualified probation terminate on the same day and |
| 8 | | are last in time, they shall be collectively considered |
| 9 | | the "last sentence" regardless of whether they were |
| 10 | | ordered to run concurrently. |
| 11 | | (G) "Minor traffic offense" means a petty offense, |
| 12 | | business offense, or Class C misdemeanor under the |
| 13 | | Illinois Vehicle Code or a similar provision of a |
| 14 | | municipal or local ordinance. |
| 15 | | (H) "Municipal ordinance violation" means an |
| 16 | | offense defined by a municipal or local ordinance that |
| 17 | | is criminal in nature and with which the petitioner was |
| 18 | | charged or for which the petitioner was arrested and |
| 19 | | released without charging. |
| 20 | | (I) "Petitioner" means an adult or a minor |
| 21 | | prosecuted as an
adult who has applied for relief under |
| 22 | | this Section. |
| 23 | | (J) "Qualified probation" means an order of |
| 24 | | probation under Section 10 of the Cannabis Control Act, |
| 25 | | Section 410 of the Illinois Controlled Substances Act, |
| 26 | | Section 70 of the Methamphetamine Control and |
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| 1 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
| 2 | | of the Unified Code of Corrections, Section |
| 3 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
| 4 | | those provisions existed before their deletion by |
| 5 | | Public Act 89-313), Section 10-102 of the Illinois |
| 6 | | Alcoholism and Other Drug Dependency Act, Section |
| 7 | | 40-10 of the Alcoholism and Other Drug Abuse and |
| 8 | | Dependency Act, or Section 10 of the Steroid Control |
| 9 | | Act. For the purpose of this Section, "successful |
| 10 | | completion" of an order of qualified probation under |
| 11 | | Section 10-102 of the Illinois Alcoholism and Other |
| 12 | | Drug Dependency Act and Section 40-10 of the Alcoholism |
| 13 | | and Other Drug Abuse and Dependency Act means that the |
| 14 | | probation was terminated satisfactorily and the |
| 15 | | judgment of conviction was vacated. |
| 16 | | (K) "Seal" means to physically and electronically |
| 17 | | maintain the records, unless the records would |
| 18 | | otherwise be destroyed due to age, but to make the |
| 19 | | records unavailable without a court order, subject to |
| 20 | | the exceptions in Sections 12 and 13 of this Act. The |
| 21 | | petitioner's name shall also be obliterated from the |
| 22 | | official index required to be kept by the circuit court |
| 23 | | clerk under Section 16 of the Clerks of Courts Act, but |
| 24 | | any index issued by the circuit court clerk before the |
| 25 | | entry of the order to seal shall not be affected. |
| 26 | | (L) "Sexual offense committed against a minor" |
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| 1 | | includes but is
not limited to the offenses of indecent |
| 2 | | solicitation of a child
or criminal sexual abuse when |
| 3 | | the victim of such offense is
under 18 years of age. |
| 4 | | (M) "Terminate" as it relates to a sentence or |
| 5 | | order of supervision or qualified probation includes |
| 6 | | either satisfactory or unsatisfactory termination of |
| 7 | | the sentence, unless otherwise specified in this |
| 8 | | Section. |
| 9 | | (2) Minor Traffic Offenses.
Orders of supervision or |
| 10 | | convictions for minor traffic offenses shall not affect a |
| 11 | | petitioner's eligibility to expunge or seal records |
| 12 | | pursuant to this Section. |
| 13 | | (3) Exclusions. Except as otherwise provided in |
| 14 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
| 15 | | of this Section, the court shall not order: |
| 16 | | (A) the sealing or expungement of the records of |
| 17 | | arrests or charges not initiated by arrest that result |
| 18 | | in an order of supervision for or conviction of:
(i) |
| 19 | | any sexual offense committed against a
minor; (ii) |
| 20 | | Section 11-501 of the Illinois Vehicle Code or a |
| 21 | | similar provision of a local ordinance; or (iii) |
| 22 | | Section 11-503 of the Illinois Vehicle Code or a |
| 23 | | similar provision of a local ordinance, unless the |
| 24 | | arrest or charge is for a misdemeanor violation of |
| 25 | | subsection (a) of Section 11-503 or a similar provision |
| 26 | | of a local ordinance, that occurred prior to the |
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| 1 | | offender reaching the age of 25 years and the offender |
| 2 | | has no other conviction for violating Section 11-501 or |
| 3 | | 11-503 of the Illinois Vehicle Code or a similar |
| 4 | | provision of a local ordinance. |
| 5 | | (B) the sealing or expungement of records of minor |
| 6 | | traffic offenses (as defined in subsection (a)(1)(G)), |
| 7 | | unless the petitioner was arrested and released |
| 8 | | without charging. |
| 9 | | (C) the sealing of the records of arrests or |
| 10 | | charges not initiated by arrest which result in an |
| 11 | | order of supervision, an order of qualified probation |
| 12 | | (as defined in subsection (a)(1)(J)), or a conviction |
| 13 | | for the following offenses: |
| 14 | | (i) offenses included in Article 11 of the |
| 15 | | Criminal Code of 1961 or the Criminal Code of 2012 |
| 16 | | or a similar provision of a local ordinance, except |
| 17 | | Section 11-14 of the Criminal Code of 1961 or the |
| 18 | | Criminal Code of 2012, or a similar provision of a |
| 19 | | local ordinance; |
| 20 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
| 21 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
| 22 | | Criminal Code of 2012, or a similar provision of a |
| 23 | | local ordinance; |
| 24 | | (iii) offenses defined as "crimes of violence" |
| 25 | | in Section 2 of the Crime Victims Compensation Act |
| 26 | | or a similar provision of a local ordinance; |
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| 1 | | (iv) offenses which are Class A misdemeanors |
| 2 | | under the Humane Care for Animals Act; or |
| 3 | | (v) any offense or attempted offense that |
| 4 | | would subject a person to registration under the |
| 5 | | Sex Offender Registration Act. |
| 6 | | (D) the sealing of the records of an arrest which |
| 7 | | results in
the petitioner being charged with a felony |
| 8 | | offense or records of a charge not initiated by arrest |
| 9 | | for a felony offense unless: |
| 10 | | (i) the charge is amended to a misdemeanor and |
| 11 | | is otherwise
eligible to be sealed pursuant to |
| 12 | | subsection (c); |
| 13 | | (ii) the charge is brought along with another |
| 14 | | charge as a part of one case and the charge results |
| 15 | | in acquittal, dismissal, or conviction when the |
| 16 | | conviction was reversed or vacated, and another |
| 17 | | charge brought in the same case results in a |
| 18 | | disposition for a misdemeanor offense that is |
| 19 | | eligible to be sealed pursuant to subsection (c) or |
| 20 | | a disposition listed in paragraph (i), (iii), or |
| 21 | | (iv) of this subsection; |
| 22 | | (iii) the charge results in first offender |
| 23 | | probation as set forth in subsection (c)(2)(E); |
| 24 | | (iv) the charge is for a felony offense listed |
| 25 | | in subsection (c)(2)(F) or the charge is amended to |
| 26 | | a felony offense listed in subsection (c)(2)(F); |
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| 1 | | (v) the charge results in acquittal, |
| 2 | | dismissal, or the petitioner's release without |
| 3 | | conviction; or |
| 4 | | (vi) the charge results in a conviction, but |
| 5 | | the conviction was reversed or vacated. |
| 6 | | (b) Expungement. |
| 7 | | (1) A petitioner may petition the circuit court to |
| 8 | | expunge the
records of his or her arrests and charges not |
| 9 | | initiated by arrest when: |
| 10 | | (A) He or she has never been convicted of a |
| 11 | | criminal offense; and |
| 12 | | (B) Each arrest or charge not initiated by arrest
|
| 13 | | sought to be expunged resulted in:
(i) acquittal, |
| 14 | | dismissal, or the petitioner's release without |
| 15 | | charging, unless excluded by subsection (a)(3)(B);
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| 16 | | (ii) a conviction which was vacated or reversed, unless |
| 17 | | excluded by subsection (a)(3)(B);
(iii) an order of |
| 18 | | supervision and such supervision was successfully |
| 19 | | completed by the petitioner, unless excluded by |
| 20 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
| 21 | | qualified probation (as defined in subsection |
| 22 | | (a)(1)(J)) and such probation was successfully |
| 23 | | completed by the petitioner. |
| 24 | | (2) Time frame for filing a petition to expunge. |
| 25 | | (A) When the arrest or charge not initiated by |
| 26 | | arrest sought to be expunged resulted in an acquittal, |
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| 1 | | dismissal, the petitioner's release without charging, |
| 2 | | or the reversal or vacation of a conviction, there is |
| 3 | | no waiting period to petition for the expungement of |
| 4 | | such records. |
| 5 | | (B) When the arrest or charge not initiated by |
| 6 | | arrest
sought to be expunged resulted in an order of |
| 7 | | supervision, successfully
completed by the petitioner, |
| 8 | | the following time frames will apply: |
| 9 | | (i) Those arrests or charges that resulted in |
| 10 | | orders of
supervision under Section 3-707, 3-708, |
| 11 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
| 12 | | similar provision of a local ordinance, or under |
| 13 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
| 14 | | Code of 1961 or the Criminal Code of 2012, or a |
| 15 | | similar provision of a local ordinance, shall not |
| 16 | | be eligible for expungement until 5 years have |
| 17 | | passed following the satisfactory termination of |
| 18 | | the supervision. |
| 19 | | (i-5) Those arrests or charges that resulted |
| 20 | | in orders of supervision for a misdemeanor |
| 21 | | violation of subsection (a) of Section 11-503 of |
| 22 | | the Illinois Vehicle Code or a similar provision of |
| 23 | | a local ordinance, that occurred prior to the |
| 24 | | offender reaching the age of 25 years and the |
| 25 | | offender has no other conviction for violating |
| 26 | | Section 11-501 or 11-503 of the Illinois Vehicle |
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| 1 | | Code or a similar provision of a local ordinance |
| 2 | | shall not be eligible for expungement until the |
| 3 | | petitioner has reached the age of 25 years. |
| 4 | | (ii) Those arrests or charges that resulted in |
| 5 | | orders
of supervision for any other offenses shall |
| 6 | | not be
eligible for expungement until 2 years have |
| 7 | | passed
following the satisfactory termination of |
| 8 | | the supervision. |
| 9 | | (C) When the arrest or charge not initiated by |
| 10 | | arrest sought to
be expunged resulted in an order of |
| 11 | | qualified probation, successfully
completed by the |
| 12 | | petitioner, such records shall not be eligible for
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| 13 | | expungement until 5 years have passed following the |
| 14 | | satisfactory
termination of the probation. |
| 15 | | (3) Those records maintained by the Department for
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| 16 | | persons arrested prior to their 17th birthday shall be
|
| 17 | | expunged as provided in Section 5-915 of the Juvenile Court
|
| 18 | | Act of 1987. |
| 19 | | (4) Whenever a person has been arrested for or |
| 20 | | convicted of any
offense, in the name of a person whose |
| 21 | | identity he or she has stolen or otherwise
come into |
| 22 | | possession of, the aggrieved person from whom the identity
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| 23 | | was stolen or otherwise obtained without authorization,
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| 24 | | upon learning of the person having been arrested using his
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| 25 | | or her identity, may, upon verified petition to the chief |
| 26 | | judge of
the circuit wherein the arrest was made, have a |
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| 1 | | court order
entered nunc pro tunc by the Chief Judge to |
| 2 | | correct the
arrest record, conviction record, if any, and |
| 3 | | all official
records of the arresting authority, the |
| 4 | | Department, other
criminal justice agencies, the |
| 5 | | prosecutor, and the trial
court concerning such arrest, if |
| 6 | | any, by removing his or her name
from all such records in |
| 7 | | connection with the arrest and
conviction, if any, and by |
| 8 | | inserting in the records the
name of the offender, if known |
| 9 | | or ascertainable, in lieu of
the aggrieved's name. The |
| 10 | | records of the circuit court clerk shall be sealed until |
| 11 | | further order of
the court upon good cause shown and the |
| 12 | | name of the
aggrieved person obliterated on the official |
| 13 | | index
required to be kept by the circuit court clerk under
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| 14 | | Section 16 of the Clerks of Courts Act, but the order shall
|
| 15 | | not affect any index issued by the circuit court clerk
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| 16 | | before the entry of the order. Nothing in this Section
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| 17 | | shall limit the Department of State Police or other
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| 18 | | criminal justice agencies or prosecutors from listing
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| 19 | | under an offender's name the false names he or she has
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| 20 | | used. |
| 21 | | (5) Whenever a person has been convicted of criminal
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| 22 | | sexual assault, aggravated criminal sexual assault,
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| 23 | | predatory criminal sexual assault of a child, criminal
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| 24 | | sexual abuse, or aggravated criminal sexual abuse, the
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| 25 | | victim of that offense may request that the State's
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| 26 | | Attorney of the county in which the conviction occurred
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| 1 | | file a verified petition with the presiding trial judge at
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| 2 | | the petitioner's trial to have a court order entered to |
| 3 | | seal
the records of the circuit court clerk in connection
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| 4 | | with the proceedings of the trial court concerning that
|
| 5 | | offense. However, the records of the arresting authority
|
| 6 | | and the Department of State Police concerning the offense
|
| 7 | | shall not be sealed. The court, upon good cause shown,
|
| 8 | | shall make the records of the circuit court clerk in
|
| 9 | | connection with the proceedings of the trial court
|
| 10 | | concerning the offense available for public inspection. |
| 11 | | (6) If a conviction has been set aside on direct review
|
| 12 | | or on collateral attack and the court determines by clear
|
| 13 | | and convincing evidence that the petitioner was factually
|
| 14 | | innocent of the charge, the court that finds the petitioner |
| 15 | | factually innocent of the charge shall enter an
expungement |
| 16 | | order for the conviction for which the petitioner has been |
| 17 | | determined to be innocent as provided in subsection (b) of |
| 18 | | Section
5-5-4 of the Unified Code of Corrections. |
| 19 | | (7) Nothing in this Section shall prevent the |
| 20 | | Department of
State Police from maintaining all records of |
| 21 | | any person who
is admitted to probation upon terms and |
| 22 | | conditions and who
fulfills those terms and conditions |
| 23 | | pursuant to Section 10
of the Cannabis Control Act, Section |
| 24 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
| 25 | | of the
Methamphetamine Control and Community Protection |
| 26 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
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| 1 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
| 2 | | Section 12-3.05 of the Criminal Code of 1961 or the |
| 3 | | Criminal Code of 2012, Section 10-102
of the Illinois |
| 4 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
| 5 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or |
| 6 | | Section 10 of the Steroid Control Act. |
| 7 | | (8) If the petitioner has been granted a certificate of |
| 8 | | innocence under Section 2-702 of the Code of Civil |
| 9 | | Procedure, the court that grants the certificate of |
| 10 | | innocence shall also enter an order expunging the |
| 11 | | conviction for which the petitioner has been determined to |
| 12 | | be innocent as provided in subsection (h) of Section 2-702 |
| 13 | | of the Code of Civil Procedure. |
| 14 | | (c) Sealing. |
| 15 | | (1) Applicability. Notwithstanding any other provision |
| 16 | | of this Act to the contrary, and cumulative with any rights |
| 17 | | to expungement of criminal records, this subsection |
| 18 | | authorizes the sealing of criminal records of adults and of |
| 19 | | minors prosecuted as adults. |
| 20 | | (2) Eligible Records. The following records may be |
| 21 | | sealed: |
| 22 | | (A) All arrests resulting in release without |
| 23 | | charging; |
| 24 | | (B) Arrests or charges not initiated by arrest |
| 25 | | resulting in acquittal, dismissal, or conviction when |
| 26 | | the conviction was reversed or vacated, except as |
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| 1 | | excluded by subsection (a)(3)(B); |
| 2 | | (C) Arrests or charges not initiated by arrest |
| 3 | | resulting in orders of supervision successfully |
| 4 | | completed by the petitioner, unless excluded by |
| 5 | | subsection (a)(3); |
| 6 | | (D) Arrests or charges not initiated by arrest |
| 7 | | resulting in convictions unless excluded by subsection |
| 8 | | (a)(3); |
| 9 | | (E) Arrests or charges not initiated by arrest |
| 10 | | resulting in orders of first offender probation under |
| 11 | | Section 10 of the Cannabis Control Act, Section 410 of |
| 12 | | the Illinois Controlled Substances Act, Section 70 of |
| 13 | | the Methamphetamine Control and Community Protection |
| 14 | | Act, or Section 5-6-3.3 of the Unified Code of |
| 15 | | Corrections; and |
| 16 | | (F) Arrests or charges not initiated by arrest |
| 17 | | resulting in felony convictions for the following |
| 18 | | offenses: |
| 19 | | (i) Class 4 felony convictions for: |
| 20 | | Prostitution under Section 11-14 of the |
| 21 | | Criminal Code of 1961 or the Criminal Code of |
| 22 | | 2012. |
| 23 | | Possession of cannabis under Section 4 of |
| 24 | | the Cannabis Control Act. |
| 25 | | Possession of a controlled substance under |
| 26 | | Section 402 of the Illinois Controlled |
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| 1 | | Substances Act. |
| 2 | | Offenses under the Methamphetamine |
| 3 | | Precursor Control Act. |
| 4 | | Offenses under the Steroid Control Act. |
| 5 | | Theft under Section 16-1 of the Criminal |
| 6 | | Code of 1961 or the Criminal Code of 2012. |
| 7 | | Retail theft under Section 16A-3 or |
| 8 | | paragraph (a) of 16-25 of the Criminal Code of |
| 9 | | 1961 or the Criminal Code of 2012. |
| 10 | | Deceptive practices under Section 17-1 of |
| 11 | | the Criminal Code of 1961 or the Criminal Code |
| 12 | | of 2012. |
| 13 | | Forgery under Section 17-3 of the Criminal |
| 14 | | Code of 1961 or the Criminal Code of 2012. |
| 15 | | Possession of burglary tools under Section |
| 16 | | 19-2 of the Criminal Code of 1961 or the |
| 17 | | Criminal Code of 2012. |
| 18 | | (ii) Class 3 felony convictions for: |
| 19 | | Theft under Section 16-1 of the Criminal |
| 20 | | Code of 1961 or the Criminal Code of 2012. |
| 21 | | Retail theft under Section 16A-3 or |
| 22 | | paragraph (a) of 16-25 of the Criminal Code of |
| 23 | | 1961 or the Criminal Code of 2012. |
| 24 | | Deceptive practices under Section 17-1 of |
| 25 | | the Criminal Code of 1961 or the Criminal Code |
| 26 | | of 2012. |
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| 1 | | Forgery under Section 17-3 of the Criminal |
| 2 | | Code of 1961 or the Criminal Code of 2012. |
| 3 | | Possession with intent to manufacture or |
| 4 | | deliver a controlled substance under Section |
| 5 | | 401 of the Illinois Controlled Substances Act. |
| 6 | | (3) When Records Are Eligible to Be Sealed. Records |
| 7 | | identified as eligible under subsection (c)(2) may be |
| 8 | | sealed as follows: |
| 9 | | (A) Records identified as eligible under |
| 10 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
| 11 | | time. |
| 12 | | (B) Records identified as eligible under |
| 13 | | subsection (c)(2)(C) may be sealed
(i) 3 years after |
| 14 | | the termination of petitioner's last sentence (as |
| 15 | | defined in subsection (a)(1)(F)) if the petitioner has |
| 16 | | never been convicted of a criminal offense (as defined |
| 17 | | in subsection (a)(1)(D)); or
(ii) 4 years after the |
| 18 | | termination of the petitioner's last sentence (as |
| 19 | | defined in subsection (a)(1)(F)) if the petitioner has |
| 20 | | ever been convicted of a criminal offense (as defined |
| 21 | | in subsection (a)(1)(D)). |
| 22 | | (C) Records identified as eligible under |
| 23 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
| 24 | | sealed 4 years after the termination of the |
| 25 | | petitioner's last sentence (as defined in subsection |
| 26 | | (a)(1)(F)). |
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| 1 | | (D) Records identified in subsection |
| 2 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
| 3 | | reached the age of 25 years. |
| 4 | | (4) Subsequent felony convictions. A person may not |
| 5 | | have
subsequent felony conviction records sealed as |
| 6 | | provided in this subsection
(c) if he or she is convicted |
| 7 | | of any felony offense after the date of the
sealing of |
| 8 | | prior felony convictions as provided in this subsection |
| 9 | | (c). The court may, upon conviction for a subsequent felony |
| 10 | | offense, order the unsealing of prior felony conviction |
| 11 | | records previously ordered sealed by the court. |
| 12 | | (5) Notice of eligibility for sealing. Upon entry of a |
| 13 | | disposition for an eligible record under this subsection |
| 14 | | (c), the petitioner shall be informed by the court of the |
| 15 | | right to have the records sealed and the procedures for the |
| 16 | | sealing of the records. |
| 17 | | (d) Procedure. The following procedures apply to |
| 18 | | expungement under subsections (b), (e), and (e-6) and sealing |
| 19 | | under subsections (c) and (e-5): |
| 20 | | (1) Filing the petition. Upon becoming eligible to |
| 21 | | petition for
the expungement or sealing of records under |
| 22 | | this Section, the petitioner shall file a petition |
| 23 | | requesting the expungement
or sealing of records with the |
| 24 | | clerk of the court where the arrests occurred or the |
| 25 | | charges were brought, or both. If arrests occurred or |
| 26 | | charges were brought in multiple jurisdictions, a petition |
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| 1 | | must be filed in each such jurisdiction. The petitioner |
| 2 | | shall pay the applicable fee, if not waived. |
| 3 | | (2) Contents of petition. The petition shall be
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| 4 | | verified and shall contain the petitioner's name, date of
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| 5 | | birth, current address and, for each arrest or charge not |
| 6 | | initiated by
arrest sought to be sealed or expunged, the |
| 7 | | case number, the date of
arrest (if any), the identity of |
| 8 | | the arresting authority, and such
other information as the |
| 9 | | court may require. During the pendency
of the proceeding, |
| 10 | | the petitioner shall promptly notify the
circuit court |
| 11 | | clerk of any change of his or her address. If the |
| 12 | | petitioner has received a certificate of eligibility for |
| 13 | | sealing from the Prisoner Review Board under paragraph (10) |
| 14 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
| 15 | | Corrections, the certificate shall be attached to the |
| 16 | | petition. |
| 17 | | (3) Drug test. The petitioner must attach to the |
| 18 | | petition proof that the petitioner has passed a test taken |
| 19 | | within 30 days before the filing of the petition showing |
| 20 | | the absence within his or her body of all illegal |
| 21 | | substances as defined by the Illinois Controlled |
| 22 | | Substances Act, the Methamphetamine Control and Community |
| 23 | | Protection Act, and the Cannabis Control Act if he or she |
| 24 | | is petitioning to: |
| 25 | | (A) seal felony records under clause (c)(2)(E); |
| 26 | | (B) seal felony records for a violation of the |
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| 1 | | Illinois Controlled Substances Act, the |
| 2 | | Methamphetamine Control and Community Protection Act, |
| 3 | | or the Cannabis Control Act under clause (c)(2)(F); |
| 4 | | (C) seal felony records under subsection (e-5); or |
| 5 | | (D) expunge felony records of a qualified |
| 6 | | probation under clause (b)(1)(B)(iv). |
| 7 | | (4) Service of petition. The circuit court clerk shall |
| 8 | | promptly
serve a copy of the petition and documentation to |
| 9 | | support the petition under subsection (e), (e-5), or (e-6) |
| 10 | | on the State's Attorney or
prosecutor charged with the duty |
| 11 | | of prosecuting the
offense, the Department of State Police, |
| 12 | | the arresting
agency and the chief legal officer of the |
| 13 | | unit of local
government effecting the arrest. |
| 14 | | (5) Objections. |
| 15 | | (A) Any party entitled to notice of the petition |
| 16 | | may file an objection to the petition. All objections |
| 17 | | shall be in writing, shall be filed with the circuit |
| 18 | | court clerk, and shall state with specificity the basis |
| 19 | | of the objection. |
| 20 | | (B) Objections to a petition to expunge or seal |
| 21 | | must be filed within 60 days of the date of service of |
| 22 | | the petition. |
| 23 | | (6) Entry of order. |
| 24 | | (A) The Chief Judge of the circuit wherein the |
| 25 | | charge was brought, any judge of that circuit |
| 26 | | designated by the Chief Judge, or in counties of less |
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| 1 | | than 3,000,000 inhabitants, the presiding trial judge |
| 2 | | at the petitioner's trial, if any, shall rule on the |
| 3 | | petition to expunge or seal as set forth in this |
| 4 | | subsection (d)(6). |
| 5 | | (B) Unless the State's Attorney or prosecutor, the |
| 6 | | Department of
State Police, the arresting agency, or |
| 7 | | the chief legal officer
files an objection to the |
| 8 | | petition to expunge or seal within 60 days from the |
| 9 | | date of service of the petition, the court shall enter |
| 10 | | an order granting or denying the petition. |
| 11 | | (7) Hearings. If an objection is filed, the court shall |
| 12 | | set a date for a hearing and notify the petitioner and all |
| 13 | | parties entitled to notice of the petition of the hearing |
| 14 | | date at least 30 days prior to the hearing. Prior to the |
| 15 | | hearing, the State's Attorney shall consult with the |
| 16 | | Department as to the appropriateness of the relief sought |
| 17 | | in the petition to expunge or seal. At the hearing, the |
| 18 | | court shall hear evidence on whether the petition should or |
| 19 | | should not be granted, and shall grant or deny the petition |
| 20 | | to expunge or seal the records based on the evidence |
| 21 | | presented at the hearing. The court may consider the |
| 22 | | following: |
| 23 | | (A) the strength of the evidence supporting the |
| 24 | | defendant's conviction; |
| 25 | | (B) the reasons for retention of the conviction |
| 26 | | records by the State; |
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| 1 | | (C) the petitioner's age, criminal record history, |
| 2 | | and employment history; |
| 3 | | (D) the period of time between the petitioner's |
| 4 | | arrest on the charge resulting in the conviction and |
| 5 | | the filing of the petition under this Section; and |
| 6 | | (E) the specific adverse consequences the |
| 7 | | petitioner may be subject to if the petition is denied. |
| 8 | | (8) Service of order. After entering an order to |
| 9 | | expunge or
seal records, the court must provide copies of |
| 10 | | the order to the
Department, in a form and manner |
| 11 | | prescribed by the Department,
to the petitioner, to the |
| 12 | | State's Attorney or prosecutor
charged with the duty of |
| 13 | | prosecuting the offense, to the
arresting agency, to the |
| 14 | | chief legal officer of the unit of
local government |
| 15 | | effecting the arrest, and to such other
criminal justice |
| 16 | | agencies as may be ordered by the court. |
| 17 | | (9) Implementation of order. |
| 18 | | (A) Upon entry of an order to expunge records |
| 19 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
| 20 | | (i) the records shall be expunged (as defined |
| 21 | | in subsection (a)(1)(E)) by the arresting agency, |
| 22 | | the Department, and any other agency as ordered by |
| 23 | | the court, within 60 days of the date of service of |
| 24 | | the order, unless a motion to vacate, modify, or |
| 25 | | reconsider the order is filed pursuant to |
| 26 | | paragraph (12) of subsection (d) of this Section; |
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| 1 | | (ii) the records of the circuit court clerk |
| 2 | | shall be impounded until further order of the court |
| 3 | | upon good cause shown and the name of the |
| 4 | | petitioner obliterated on the official index |
| 5 | | required to be kept by the circuit court clerk |
| 6 | | under Section 16 of the Clerks of Courts Act, but |
| 7 | | the order shall not affect any index issued by the |
| 8 | | circuit court clerk before the entry of the order; |
| 9 | | and |
| 10 | | (iii) in response to an inquiry for expunged |
| 11 | | records, the court, the Department, or the agency |
| 12 | | receiving such inquiry, shall reply as it does in |
| 13 | | response to inquiries when no records ever |
| 14 | | existed. |
| 15 | | (B) Upon entry of an order to expunge records |
| 16 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
| 17 | | (i) the records shall be expunged (as defined |
| 18 | | in subsection (a)(1)(E)) by the arresting agency |
| 19 | | and any other agency as ordered by the court, |
| 20 | | within 60 days of the date of service of the order, |
| 21 | | unless a motion to vacate, modify, or reconsider |
| 22 | | the order is filed pursuant to paragraph (12) of |
| 23 | | subsection (d) of this Section; |
| 24 | | (ii) the records of the circuit court clerk |
| 25 | | shall be impounded until further order of the court |
| 26 | | upon good cause shown and the name of the |
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| 1 | | petitioner obliterated on the official index |
| 2 | | required to be kept by the circuit court clerk |
| 3 | | under Section 16 of the Clerks of Courts Act, but |
| 4 | | the order shall not affect any index issued by the |
| 5 | | circuit court clerk before the entry of the order; |
| 6 | | (iii) the records shall be impounded by the
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| 7 | | Department within 60 days of the date of service of |
| 8 | | the order as ordered by the court, unless a motion |
| 9 | | to vacate, modify, or reconsider the order is filed |
| 10 | | pursuant to paragraph (12) of subsection (d) of |
| 11 | | this Section; |
| 12 | | (iv) records impounded by the Department may |
| 13 | | be disseminated by the Department only as required |
| 14 | | by law or to the arresting authority, the State's |
| 15 | | Attorney, and the court upon a later arrest for the |
| 16 | | same or a similar offense or for the purpose of |
| 17 | | sentencing for any subsequent felony, and to the |
| 18 | | Department of Corrections upon conviction for any |
| 19 | | offense; and |
| 20 | | (v) in response to an inquiry for such records |
| 21 | | from anyone not authorized by law to access such |
| 22 | | records, the court, the Department, or the agency |
| 23 | | receiving such inquiry shall reply as it does in |
| 24 | | response to inquiries when no records ever |
| 25 | | existed. |
| 26 | | (B-5) Upon entry of an order to expunge records |
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| 1 | | under subsection (e-6): |
| 2 | | (i) the records shall be expunged (as defined |
| 3 | | in subsection (a)(1)(E)) by the arresting agency |
| 4 | | and any other agency as ordered by the court, |
| 5 | | within 60 days of the date of service of the order, |
| 6 | | unless a motion to vacate, modify, or reconsider |
| 7 | | the order is filed under paragraph (12) of |
| 8 | | subsection (d) of this Section; |
| 9 | | (ii) the records of the circuit court clerk |
| 10 | | shall be impounded until further order of the court |
| 11 | | upon good cause shown and the name of the |
| 12 | | petitioner obliterated on the official index |
| 13 | | required to be kept by the circuit court clerk |
| 14 | | under Section 16 of the Clerks of Courts Act, but |
| 15 | | the order shall not affect any index issued by the |
| 16 | | circuit court clerk before the entry of the order; |
| 17 | | (iii) the records shall be impounded by the
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| 18 | | Department within 60 days of the date of service of |
| 19 | | the order as ordered by the court, unless a motion |
| 20 | | to vacate, modify, or reconsider the order is filed |
| 21 | | under paragraph (12) of subsection (d) of this |
| 22 | | Section; |
| 23 | | (iv) records impounded by the Department may |
| 24 | | be disseminated by the Department only as required |
| 25 | | by law or to the arresting authority, the State's |
| 26 | | Attorney, and the court upon a later arrest for the |
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| 1 | | same or a similar offense or for the purpose of |
| 2 | | sentencing for any subsequent felony, and to the |
| 3 | | Department of Corrections upon conviction for any |
| 4 | | offense; and |
| 5 | | (v) in response to an inquiry for these records |
| 6 | | from anyone not authorized by law to access the |
| 7 | | records, the court, the Department, or the agency |
| 8 | | receiving the inquiry shall reply as it does in |
| 9 | | response to inquiries when no records ever |
| 10 | | existed. |
| 11 | | (C) Upon entry of an order to seal records under |
| 12 | | subsection
(c), the arresting agency, any other agency |
| 13 | | as ordered by the court, the Department, and the court |
| 14 | | shall seal the records (as defined in subsection |
| 15 | | (a)(1)(K)). In response to an inquiry for such records |
| 16 | | from anyone not authorized by law to access such |
| 17 | | records, the court, the Department, or the agency |
| 18 | | receiving such inquiry shall reply as it does in |
| 19 | | response to inquiries when no records ever existed. |
| 20 | | (D) The Department shall send written notice to the |
| 21 | | petitioner of its compliance with each order to expunge |
| 22 | | or seal records within 60 days of the date of service |
| 23 | | of that order or, if a motion to vacate, modify, or |
| 24 | | reconsider is filed, within 60 days of service of the |
| 25 | | order resolving the motion, if that order requires the |
| 26 | | Department to expunge or seal records. In the event of |
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| 1 | | an appeal from the circuit court order, the Department |
| 2 | | shall send written notice to the petitioner of its |
| 3 | | compliance with an Appellate Court or Supreme Court |
| 4 | | judgment to expunge or seal records within 60 days of |
| 5 | | the issuance of the court's mandate. The notice is not |
| 6 | | required while any motion to vacate, modify, or |
| 7 | | reconsider, or any appeal or petition for |
| 8 | | discretionary appellate review, is pending. |
| 9 | | (10) Fees. The Department may charge the petitioner a |
| 10 | | fee equivalent to the cost of processing any order to |
| 11 | | expunge or seal records. Notwithstanding any provision of |
| 12 | | the Clerks of Courts Act to the contrary, the circuit court |
| 13 | | clerk may charge a fee equivalent to the cost associated |
| 14 | | with the sealing or expungement of records by the circuit |
| 15 | | court clerk. From the total filing fee collected for the |
| 16 | | petition to seal or expunge, the circuit court clerk shall |
| 17 | | deposit $10 into the Circuit Court Clerk Operation and |
| 18 | | Administrative Fund, to be used to offset the costs |
| 19 | | incurred by the circuit court clerk in performing the |
| 20 | | additional duties required to serve the petition to seal or |
| 21 | | expunge on all parties. The circuit court clerk shall |
| 22 | | collect and forward the Department of State Police portion |
| 23 | | of the fee to the Department and it shall be deposited in |
| 24 | | the State Police Services Fund. |
| 25 | | (11) Final Order. No court order issued under the |
| 26 | | expungement or sealing provisions of this Section shall |
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| 1 | | become final for purposes of appeal until 30 days after |
| 2 | | service of the order on the petitioner and all parties |
| 3 | | entitled to notice of the petition. |
| 4 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
| 5 | | Section 2-1203 of the Code of Civil Procedure, the |
| 6 | | petitioner or any party entitled to notice may file a |
| 7 | | motion to vacate, modify, or reconsider the order granting |
| 8 | | or denying the petition to expunge or seal within 60 days |
| 9 | | of service of the order. If filed more than 60 days after |
| 10 | | service of the order, a petition to vacate, modify, or |
| 11 | | reconsider shall comply with subsection (c) of Section |
| 12 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
| 13 | | motion to vacate, modify, or reconsider, notice of the |
| 14 | | motion shall be served upon the petitioner and all parties |
| 15 | | entitled to notice of the petition. |
| 16 | | (13) Effect of Order. An order granting a petition |
| 17 | | under the expungement or sealing provisions of this Section |
| 18 | | shall not be considered void because it fails to comply |
| 19 | | with the provisions of this Section or because of any error |
| 20 | | asserted in a motion to vacate, modify, or reconsider. The |
| 21 | | circuit court retains jurisdiction to determine whether |
| 22 | | the order is voidable and to vacate, modify, or reconsider |
| 23 | | its terms based on a motion filed under paragraph (12) of |
| 24 | | this subsection (d). |
| 25 | | (14) Compliance with Order Granting Petition to Seal |
| 26 | | Records. Unless a court has entered a stay of an order |
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| 1 | | granting a petition to seal, all parties entitled to notice |
| 2 | | of the petition must fully comply with the terms of the |
| 3 | | order within 60 days of service of the order even if a |
| 4 | | party is seeking relief from the order through a motion |
| 5 | | filed under paragraph (12) of this subsection (d) or is |
| 6 | | appealing the order. |
| 7 | | (15) Compliance with Order Granting Petition to |
| 8 | | Expunge Records. While a party is seeking relief from the |
| 9 | | order granting the petition to expunge through a motion |
| 10 | | filed under paragraph (12) of this subsection (d) or is |
| 11 | | appealing the order, and unless a court has entered a stay |
| 12 | | of that order, the parties entitled to notice of the |
| 13 | | petition must seal, but need not expunge, the records until |
| 14 | | there is a final order on the motion for relief or, in the |
| 15 | | case of an appeal, the issuance of that court's mandate. |
| 16 | | (16) The changes to this subsection (d) made by Public |
| 17 | | Act 98-163 this amendatory Act of the 98th General Assembly |
| 18 | | apply to all petitions pending on August 5, 2013 (the |
| 19 | | effective date of Public Act 98-163) this amendatory Act of |
| 20 | | the 98th General Assembly and to all orders ruling on a |
| 21 | | petition to expunge or seal on or after August 5, 2013 (the |
| 22 | | effective date of Public Act 98-163) this amendatory Act of |
| 23 | | the 98th General Assembly. |
| 24 | | (e) Whenever a person who has been convicted of an offense |
| 25 | | is granted
a pardon by the Governor which specifically |
| 26 | | authorizes expungement, he or she may,
upon verified petition |
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| 1 | | to the Chief Judge of the circuit where the person had
been |
| 2 | | convicted, any judge of the circuit designated by the Chief |
| 3 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
| 4 | | presiding trial judge at the
defendant's trial, have a court |
| 5 | | order entered expunging the record of
arrest from the official |
| 6 | | records of the arresting authority and order that the
records |
| 7 | | of the circuit court clerk and the Department be sealed until
|
| 8 | | further order of the court upon good cause shown or as |
| 9 | | otherwise provided
herein, and the name of the defendant |
| 10 | | obliterated from the official index
requested to be kept by the |
| 11 | | circuit court clerk under Section 16 of the Clerks
of Courts |
| 12 | | Act in connection with the arrest and conviction for the |
| 13 | | offense for
which he or she had been pardoned but the order |
| 14 | | shall not affect any index issued by
the circuit court clerk |
| 15 | | before the entry of the order. All records sealed by
the |
| 16 | | Department may be disseminated by the Department only to the |
| 17 | | arresting authority, the State's Attorney, and the court upon a |
| 18 | | later
arrest for the same or similar offense or for the purpose |
| 19 | | of sentencing for any
subsequent felony. Upon conviction for |
| 20 | | any subsequent offense, the Department
of Corrections shall |
| 21 | | have access to all sealed records of the Department
pertaining |
| 22 | | to that individual. Upon entry of the order of expungement, the
|
| 23 | | circuit court clerk shall promptly mail a copy of the order to |
| 24 | | the
person who was pardoned. |
| 25 | | (e-5) Whenever a person who has been convicted of an |
| 26 | | offense is granted a certificate of eligibility for sealing by |
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| 1 | | the Prisoner Review Board which specifically authorizes |
| 2 | | sealing, he or she may, upon verified petition to the Chief |
| 3 | | Judge of the circuit where the person had been convicted, any |
| 4 | | judge of the circuit designated by the Chief Judge, or in |
| 5 | | counties of less than 3,000,000 inhabitants, the presiding |
| 6 | | trial judge at the petitioner's trial, have a court order |
| 7 | | entered sealing the record of arrest from the official records |
| 8 | | of the arresting authority and order that the records of the |
| 9 | | circuit court clerk and the Department be sealed until further |
| 10 | | order of the court upon good cause shown or as otherwise |
| 11 | | provided herein, and the name of the petitioner obliterated |
| 12 | | from the official index requested to be kept by the circuit |
| 13 | | court clerk under Section 16 of the Clerks of Courts Act in |
| 14 | | connection with the arrest and conviction for the offense for |
| 15 | | which he or she had been granted the certificate but the order |
| 16 | | shall not affect any index issued by the circuit court clerk |
| 17 | | before the entry of the order. All records sealed by the |
| 18 | | Department may be disseminated by the Department only as |
| 19 | | required by this Act or to the arresting authority, a law |
| 20 | | enforcement agency, the State's Attorney, and the court upon a |
| 21 | | later arrest for the same or similar offense or for the purpose |
| 22 | | of sentencing for any subsequent felony. Upon conviction for |
| 23 | | any subsequent offense, the Department of Corrections shall |
| 24 | | have access to all sealed records of the Department pertaining |
| 25 | | to that individual. Upon entry of the order of sealing, the |
| 26 | | circuit court clerk shall promptly mail a copy of the order to |
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| 1 | | the person who was granted the certificate of eligibility for |
| 2 | | sealing. |
| 3 | | (e-6) Whenever a person who has been convicted of an |
| 4 | | offense is granted a certificate of eligibility for expungement |
| 5 | | by the Prisoner Review Board which specifically authorizes |
| 6 | | expungement, he or she may, upon verified petition to the Chief |
| 7 | | Judge of the circuit where the person had been convicted, any |
| 8 | | judge of the circuit designated by the Chief Judge, or in |
| 9 | | counties of less than 3,000,000 inhabitants, the presiding |
| 10 | | trial judge at the petitioner's trial, have a court order |
| 11 | | entered expunging the record of arrest from the official |
| 12 | | records of the arresting authority and order that the records |
| 13 | | of the circuit court clerk and the Department be sealed until |
| 14 | | further order of the court upon good cause shown or as |
| 15 | | otherwise provided herein, and the name of the petitioner |
| 16 | | obliterated from the official index requested to be kept by the |
| 17 | | circuit court clerk under Section 16 of the Clerks of Courts |
| 18 | | Act in connection with the arrest and conviction for the |
| 19 | | offense for which he or she had been granted the certificate |
| 20 | | but the order shall not affect any index issued by the circuit |
| 21 | | court clerk before the entry of the order. All records sealed |
| 22 | | by the Department may be disseminated by the Department only as |
| 23 | | required by this Act or to the arresting authority, a law |
| 24 | | enforcement agency, the State's Attorney, and the court upon a |
| 25 | | later arrest for the same or similar offense or for the purpose |
| 26 | | of sentencing for any subsequent felony. Upon conviction for |
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| 1 | | any subsequent offense, the Department of Corrections shall |
| 2 | | have access to all expunged records of the Department |
| 3 | | pertaining to that individual. Upon entry of the order of |
| 4 | | expungement, the circuit court clerk shall promptly mail a copy |
| 5 | | of the order to the person who was granted the certificate of |
| 6 | | eligibility for expungement. |
| 7 | | (f) Subject to available funding, the Illinois Department
|
| 8 | | of Corrections shall conduct a study of the impact of sealing,
|
| 9 | | especially on employment and recidivism rates, utilizing a
|
| 10 | | random sample of those who apply for the sealing of their
|
| 11 | | criminal records under Public Act 93-211. At the request of the
|
| 12 | | Illinois Department of Corrections, records of the Illinois
|
| 13 | | Department of Employment Security shall be utilized as
|
| 14 | | appropriate to assist in the study. The study shall not
|
| 15 | | disclose any data in a manner that would allow the
|
| 16 | | identification of any particular individual or employing unit.
|
| 17 | | The study shall be made available to the General Assembly no
|
| 18 | | later than September 1, 2010.
|
| 19 | | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; |
| 20 | | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
| 21 | | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, |
| 22 | | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
| 23 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised |
| 24 | | 9-4-13.)
|
| 25 | | Section 110. The Governor's Office of Management and Budget |
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| 1 | | Act is amended by changing Section 2.7 as follows:
|
| 2 | | (20 ILCS 3005/2.7)
|
| 3 | | Sec. 2.7. Securities information. To assist those entities |
| 4 | | underwriting
securities that are payable from State |
| 5 | | appropriations, whether issued by the
State or by others, by |
| 6 | | providing financial and other information regarding the
State |
| 7 | | to securities investors, nationally recognized securities |
| 8 | | information
repositories,
or the federal Municipal Securities |
| 9 | | Rulemaking Board, and to any State
information depository as |
| 10 | | required by the federal Securities and Exchange Act
of 1934 and |
| 11 | | the rules promulgated thereunder. The Governor's Office of
|
| 12 | | Management and Budget is the
only State office authorized to |
| 13 | | provide such
information.
|
| 14 | | (Source: P.A. 93-25, eff. 6-20-03; revised 9-4-13.)
|
| 15 | | Section 115. The Capital Development Board Act is amended |
| 16 | | by changing Section 14 as follows:
|
| 17 | | (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
|
| 18 | | Sec. 14.
(a) It is the purpose of this Act to provide for |
| 19 | | the promotion
and preservation of the arts by securing suitable |
| 20 | | works of art for the
adornment of public buildings constructed |
| 21 | | or subjected to major renovation by
the State or which utilize |
| 22 | | State funds, and thereby reflecting the diverse cultural |
| 23 | | heritage of Illinois, with emphasis on the works of Illinois |
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| 1 | | artists.
|
| 2 | | (b) As used in this Act, "works : "Works of art" shall apply |
| 3 | | to and include
paintings, prints, sculptures, graphics, mural |
| 4 | | decorations, stained glass,
statues, bas reliefs, ornaments, |
| 5 | | fountains, ornamental
gateways, or other creative works which |
| 6 | | reflect form, beauty and aesthetic
perceptions.
|
| 7 | | (c) Beginning with the fiscal year ending June 30, 1979, |
| 8 | | and for each
succeeding fiscal year thereafter, for |
| 9 | | construction projects managed by the Capital Development |
| 10 | | Board, the Capital Development Board shall set
aside 1/2 of 1 |
| 11 | | percent of the amount authorized and appropriated for
|
| 12 | | construction or reconstruction of each public building |
| 13 | | financed in whole or in
part by State funds and generally |
| 14 | | accessible to and used by the public for
purchase and placement |
| 15 | | of suitable works of art in such public buildings. The
location |
| 16 | | and character of the work or works of art to be installed in |
| 17 | | such
public buildings shall be determined by the Chairperson of |
| 18 | | the Illinois Arts Council, in consultation with the designing |
| 19 | | architect. The work or works of art shall be in a permanent and |
| 20 | | prominent location..
|
| 21 | | (d) There is created a Fine Arts Review Committee |
| 22 | | consisting of the
designing
architect, the Chairperson of the |
| 23 | | Illinois Arts Council or his or her designee, who shall serve |
| 24 | | as the chair of the Committee, the
Director of the Illinois |
| 25 | | State Museum or his or her designee, and a representative of |
| 26 | | the using agency.
The Committee, after such study as it deems |
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| 1 | | necessary, shall recommend three
artists or works of art in |
| 2 | | order of preference. The Chairperson of the Illinois Arts |
| 3 | | Council will make the final selection from among the |
| 4 | | recommendations
submitted. The Illinois Arts Council shall |
| 5 | | provide administrative support for the Fine Arts Review |
| 6 | | Committee and may promulgate rules to implement this |
| 7 | | subsection.
|
| 8 | | (e) Subsection (c) does not apply to construction projects |
| 9 | | for which the amount appropriated is less than $1,000,000.
|
| 10 | | (f) The Capital Development Board shall enter into a |
| 11 | | contract with the artist, or with the owner of the work or |
| 12 | | works of art, selected by the Chairperson of the Illinois Arts |
| 13 | | Council as provided in subsection (d) of this Section. The |
| 14 | | total amount of the contract or contracts shall not exceed the |
| 15 | | amount set aside pursuant to subsection (c) of this Section. If |
| 16 | | the Capital Development Board cannot reach an agreement with |
| 17 | | the artist or owner of the work or works of art, then the Board |
| 18 | | shall notify the Chairperson of the Illinois Arts Council, and |
| 19 | | the Chairperson may select a different artist or work or works |
| 20 | | of art from the three recommendations made by the Fine Arts |
| 21 | | Review Committee.
|
| 22 | | (Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
|
| 23 | | Section 120. The Illinois Emergency Management Agency Act |
| 24 | | is amended by changing Section 21 as follows:
|
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| 1 | | (20 ILCS 3305/21) (from Ch. 127, par. 1071)
|
| 2 | | Sec. 21. No Private Liability.
|
| 3 | | (a) Any person owning or controlling
real estate or other |
| 4 | | premises who voluntarily and without compensation grants a
|
| 5 | | license or privilege, or otherwise permits the designation or |
| 6 | | use of the
whole or any part or parts of such real estate or |
| 7 | | premises for the purpose
of sheltering persons during an actual |
| 8 | | or impending disaster, or an a exercise together with his or |
| 9 | | her successors in
interest, if any, shall not be civilly liable |
| 10 | | for negligently causing the
death of, or injury to, any person |
| 11 | | on or about such real estate or premises
under such license, |
| 12 | | privilege or other permission, or for negligently
causing loss |
| 13 | | of, or damage to, the property of such person.
|
| 14 | | (b) Any private person, firm or corporation and employees |
| 15 | | and agents of such
person, firm or corporation in the |
| 16 | | performance of a contract with, and under
the direction of, the |
| 17 | | State, or any political
subdivision of the State under the |
| 18 | | provisions of this Act shall not be
civilly liable for causing |
| 19 | | the death of, or injury to, any person or damage
to any |
| 20 | | property except in the event of willful misconduct.
|
| 21 | | (c) Any private person, firm or corporation, and any |
| 22 | | employee or agent
of such person, firm or corporation, who |
| 23 | | renders assistance or advice at
the request of the State, or |
| 24 | | any political
subdivision of the State under this Act during an |
| 25 | | actual or impending
disaster, shall not be civilly liable for |
| 26 | | causing the death of, or injury
to, any person or damage to any |
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| 1 | | property except in the event of willful
misconduct.
|
| 2 | | The immunities provided in this subsection (c) shall not |
| 3 | | apply to any
private person, firm or corporation, or to any |
| 4 | | employee or agent of such
person, firm or corporation
whose act |
| 5 | | or omission caused in whole or in part such actual or
impending |
| 6 | | disaster and who would otherwise be liable therefor.
|
| 7 | | (Source: P.A. 92-73, eff. 1-1-02; revised 10-7-13.)
|
| 8 | | Section 125. The Illinois Finance Authority Act is amended |
| 9 | | by changing Section 801-10 as follows:
|
| 10 | | (20 ILCS 3501/801-10)
|
| 11 | | Sec. 801-10. Definitions. The following terms, whenever |
| 12 | | used or referred
to
in this Act, shall have the following |
| 13 | | meanings, except in such instances where
the context may |
| 14 | | clearly indicate otherwise:
|
| 15 | | (a) The term "Authority" means the Illinois Finance |
| 16 | | Authority created by
this Act.
|
| 17 | | (b) The term "project" means an industrial project, |
| 18 | | conservation project, housing project, public
purpose project, |
| 19 | | higher education project, health facility project, cultural
|
| 20 | | institution project, municipal bond program project, |
| 21 | | agricultural facility or agribusiness, and "project" may
|
| 22 | | include any combination of one or more of the foregoing |
| 23 | | undertaken jointly by
any person with one or more other |
| 24 | | persons.
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| 1 | | (c) The term "public purpose project" means any project or |
| 2 | | facility,
including
without limitation land, buildings, |
| 3 | | structures, machinery, equipment and all
other real and |
| 4 | | personal property, which is authorized or required by law to be
|
| 5 | | acquired, constructed, improved, rehabilitated, reconstructed, |
| 6 | | replaced or
maintained by any unit of government or any other |
| 7 | | lawful public purpose which
is authorized or required by law to |
| 8 | | be undertaken by any unit of government.
|
| 9 | | (d) The term "industrial project" means the acquisition, |
| 10 | | construction,
refurbishment, creation, development or |
| 11 | | redevelopment of any facility,
equipment, machinery, real |
| 12 | | property or personal property for use by any
instrumentality of |
| 13 | | the State or its political subdivisions, for use by any
person |
| 14 | | or institution, public or private, for profit or not for |
| 15 | | profit, or for
use in any trade or business, including, but not |
| 16 | | limited to, any industrial,
manufacturing or commercial |
| 17 | | enterprise that is located within or outside the State, |
| 18 | | provided that, with respect to a project involving property |
| 19 | | located outside the State, the property must be owned, |
| 20 | | operated, leased or managed by an entity located within the |
| 21 | | State or an entity affiliated with an entity located within the |
| 22 | | State, and which is (1) a capital project,
including, but not |
| 23 | | limited to: (i) land and any rights therein, one or more
|
| 24 | | buildings, structures or other improvements, machinery and |
| 25 | | equipment, whether
now existing or hereafter acquired, and |
| 26 | | whether or not located on the same site
or sites; (ii) all |
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| 1 | | appurtenances and facilities incidental to the foregoing,
|
| 2 | | including, but not limited to, utilities, access roads, |
| 3 | | railroad sidings, track,
docking and similar facilities, |
| 4 | | parking facilities, dockage, wharfage, railroad
roadbed, |
| 5 | | track, trestle, depot, terminal, switching and signaling or |
| 6 | | related
equipment, site preparation and landscaping; and (iii) |
| 7 | | all non-capital costs
and expenses relating thereto or (2) any |
| 8 | | addition to, renovation,
rehabilitation or
improvement of a |
| 9 | | capital project or (3) any activity or undertaking within or |
| 10 | | outside the State, provided that, with respect to a project |
| 11 | | involving property located outside the State, the property must |
| 12 | | be owned, operated, leased or managed by an entity located |
| 13 | | within the State or an entity affiliated with an entity located |
| 14 | | within the State, which the
Authority determines will aid, |
| 15 | | assist or encourage economic growth, development
or |
| 16 | | redevelopment within the State or any area thereof, will |
| 17 | | promote the
expansion, retention or diversification of |
| 18 | | employment opportunities within the
State or any area thereof |
| 19 | | or will aid in stabilizing or developing any industry
or |
| 20 | | economic sector of the State economy. The term "industrial |
| 21 | | project" also
means the production of motion pictures.
|
| 22 | | (e) The term "bond" or "bonds" shall include bonds, notes |
| 23 | | (including bond,
grant or revenue anticipation notes), |
| 24 | | certificates and/or other evidences of
indebtedness |
| 25 | | representing an obligation to pay money, including refunding
|
| 26 | | bonds.
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| 1 | | (f) The terms "lease agreement" and "loan agreement" shall |
| 2 | | mean: (i) an
agreement whereby a project acquired by the |
| 3 | | Authority by purchase, gift or
lease
is leased to any person, |
| 4 | | corporation or unit of local government which will use
or cause |
| 5 | | the project to be used as a project as heretofore defined upon |
| 6 | | terms
providing for lease rental payments at least sufficient |
| 7 | | to pay when due all
principal of, interest and premium, if any, |
| 8 | | on any bonds of the Authority
issued
with respect to such |
| 9 | | project, providing for the maintenance, insuring and
operation |
| 10 | | of the project on terms satisfactory to the Authority, |
| 11 | | providing for
disposition of the project upon termination of |
| 12 | | the lease term, including
purchase options or abandonment of |
| 13 | | the premises, and such other terms as may be
deemed desirable |
| 14 | | by the Authority, or (ii) any agreement pursuant to which the
|
| 15 | | Authority agrees to loan the proceeds of its bonds issued with |
| 16 | | respect to a
project or other funds of the Authority to any |
| 17 | | person which will use or cause
the project to be used as a |
| 18 | | project as heretofore defined upon terms providing
for loan |
| 19 | | repayment installments at least sufficient to pay when due all
|
| 20 | | principal of, interest and premium, if any, on any bonds of the |
| 21 | | Authority, if
any, issued with respect to the project, and |
| 22 | | providing for maintenance,
insurance and other matters as may |
| 23 | | be deemed desirable by the Authority.
|
| 24 | | (g) The term "financial aid" means the expenditure of |
| 25 | | Authority funds or
funds provided by the Authority through the |
| 26 | | issuance of its bonds, notes or
other
evidences of indebtedness |
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| 1 | | or from other sources for the development,
construction, |
| 2 | | acquisition or improvement of a project.
|
| 3 | | (h) The term "person" means an individual, corporation, |
| 4 | | unit of government,
business trust, estate, trust, partnership |
| 5 | | or association, 2 or more persons
having a joint or common |
| 6 | | interest, or any other legal entity.
|
| 7 | | (i) The term "unit of government" means the federal |
| 8 | | government, the State or
unit of local government, a school |
| 9 | | district, or any agency or instrumentality,
office, officer, |
| 10 | | department, division, bureau, commission, college or
|
| 11 | | university thereof.
|
| 12 | | (j) The term "health facility" means: (a) any public or |
| 13 | | private institution,
place, building, or agency required to be |
| 14 | | licensed under the Hospital Licensing
Act; (b) any public or |
| 15 | | private institution, place, building, or agency required
to be |
| 16 | | licensed under the Nursing Home Care Act, the Specialized |
| 17 | | Mental Health Rehabilitation Act of 2013, or the ID/DD |
| 18 | | Community Care Act; (c)
any public or licensed private hospital |
| 19 | | as defined in the Mental Health and
Developmental Disabilities |
| 20 | | Code; (d) any such facility exempted from such
licensure when |
| 21 | | the Director of Public Health attests that such exempted
|
| 22 | | facility
meets the statutory definition of a facility subject |
| 23 | | to licensure; (e) any
other
public or private health service |
| 24 | | institution, place, building, or agency which
the Director of |
| 25 | | Public Health attests is subject to certification by the
|
| 26 | | Secretary, U.S. Department of Health and Human Services under |
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| 1 | | the Social
Security Act, as now or hereafter amended, or which |
| 2 | | the Director of Public
Health attests is subject to |
| 3 | | standard-setting by a recognized public or
voluntary |
| 4 | | accrediting or standard-setting agency; (f) any public or |
| 5 | | private
institution, place, building or agency engaged in |
| 6 | | providing one or more
supporting services to a health facility; |
| 7 | | (g) any public or private
institution,
place, building or |
| 8 | | agency engaged in providing training in the healing arts,
|
| 9 | | including, but not limited to, schools of medicine, dentistry, |
| 10 | | osteopathy,
optometry, podiatry, pharmacy or nursing, schools |
| 11 | | for the training of x-ray,
laboratory or other health care |
| 12 | | technicians and schools for the training of
para-professionals |
| 13 | | in the health care field; (h) any public or private
congregate, |
| 14 | | life or extended care or elderly housing facility or any public |
| 15 | | or
private home for the aged or infirm, including, without |
| 16 | | limitation, any
Facility as defined in the Life Care Facilities |
| 17 | | Act; (i) any public or private
mental, emotional or physical |
| 18 | | rehabilitation facility or any public or private
educational, |
| 19 | | counseling, or rehabilitation facility or home, for those |
| 20 | | persons
with a developmental disability, those who are |
| 21 | | physically ill or disabled, the
emotionally disturbed, those |
| 22 | | persons with a mental illness or persons with
learning or |
| 23 | | similar disabilities or problems; (j) any public or private
|
| 24 | | alcohol, drug or substance abuse diagnosis, counseling |
| 25 | | treatment or
rehabilitation
facility, (k) any public or private |
| 26 | | institution, place, building or agency
licensed by the |
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| 1 | | Department of Children and Family Services or which is not so
|
| 2 | | licensed but which the Director of Children and Family Services |
| 3 | | attests
provides child care, child welfare or other services of |
| 4 | | the type provided by
facilities
subject to such licensure; (l) |
| 5 | | any public or private adoption agency or
facility; and (m) any |
| 6 | | public or private blood bank or blood center. "Health
facility" |
| 7 | | also means a public or private structure or structures suitable
|
| 8 | | primarily for use as a laboratory, laundry, nurses or interns |
| 9 | | residence or
other housing or hotel facility used in whole or |
| 10 | | in part for staff, employees
or
students and their families, |
| 11 | | patients or relatives of patients admitted for
treatment or |
| 12 | | care in a health facility, or persons conducting business with |
| 13 | | a
health facility, physician's facility, surgicenter, |
| 14 | | administration building,
research facility, maintenance, |
| 15 | | storage or utility facility and all structures
or facilities |
| 16 | | related to any of the foregoing or required or useful for the
|
| 17 | | operation of a health facility, including parking or other |
| 18 | | facilities or other
supporting service structures required or |
| 19 | | useful for the orderly conduct of
such health facility. "Health |
| 20 | | facility" also means, with respect to a project located outside |
| 21 | | the State, any public or private institution, place, building, |
| 22 | | or agency which provides services similar to those described |
| 23 | | above, provided that such project is owned, operated, leased or |
| 24 | | managed by a participating health institution located within |
| 25 | | the State, or a participating health institution affiliated |
| 26 | | with an entity located within the State.
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| 1 | | (k) The term "participating health institution" means (i) a |
| 2 | | private corporation
or association or (ii) a public entity of |
| 3 | | this State, in either case authorized by the laws of this
State |
| 4 | | or the applicable state to provide or operate a health facility |
| 5 | | as defined in this Act and which,
pursuant to the provisions of |
| 6 | | this Act, undertakes the financing, construction
or |
| 7 | | acquisition of a project or undertakes the refunding or |
| 8 | | refinancing of
obligations, loans, indebtedness or advances as |
| 9 | | provided in this Act.
|
| 10 | | (l) The term "health facility project", means a specific |
| 11 | | health facility
work
or improvement to be financed or |
| 12 | | refinanced (including without limitation
through reimbursement |
| 13 | | of prior expenditures), acquired, constructed, enlarged,
|
| 14 | | remodeled, renovated, improved, furnished, or equipped, with |
| 15 | | funds provided in
whole or in part hereunder, any accounts |
| 16 | | receivable, working capital, liability
or insurance cost or |
| 17 | | operating expense financing or refinancing program of a
health |
| 18 | | facility with or involving funds provided in whole or in part |
| 19 | | hereunder,
or any combination thereof.
|
| 20 | | (m) The term "bond resolution" means the resolution or |
| 21 | | resolutions
authorizing the issuance of, or providing terms and |
| 22 | | conditions related to,
bonds issued
under this Act and |
| 23 | | includes, where appropriate, any trust agreement, trust
|
| 24 | | indenture, indenture of mortgage or deed of trust providing |
| 25 | | terms and
conditions for such bonds.
|
| 26 | | (n) The term "property" means any real, personal or mixed |
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| 1 | | property, whether
tangible or intangible, or any interest |
| 2 | | therein, including, without limitation,
any real estate, |
| 3 | | leasehold interests, appurtenances, buildings, easements,
|
| 4 | | equipment, furnishings, furniture, improvements, machinery, |
| 5 | | rights of way,
structures, accounts, contract rights or any |
| 6 | | interest therein.
|
| 7 | | (o) The term "revenues" means, with respect to any project, |
| 8 | | the rents, fees,
charges, interest, principal repayments, |
| 9 | | collections and other income or profit
derived therefrom.
|
| 10 | | (p) The term "higher education project" means, in the case |
| 11 | | of a private
institution of higher education, an educational |
| 12 | | facility to be acquired,
constructed, enlarged, remodeled, |
| 13 | | renovated, improved, furnished, or equipped,
or any |
| 14 | | combination thereof.
|
| 15 | | (q) The term "cultural institution project" means, in the |
| 16 | | case of a cultural
institution, a cultural facility to be |
| 17 | | acquired, constructed, enlarged,
remodeled, renovated, |
| 18 | | improved, furnished, or equipped, or any combination
thereof.
|
| 19 | | (r) The term "educational facility" means any property |
| 20 | | located within the
State, or any property located outside the |
| 21 | | State, provided that, if the property is located outside the |
| 22 | | State, it must be owned, operated, leased or managed by an |
| 23 | | entity located within the State or an entity affiliated with an |
| 24 | | entity located within the State, in each case
constructed or |
| 25 | | acquired before or after the effective date of this Act, which
|
| 26 | | is
or will be, in whole or in part, suitable for the |
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| 1 | | instruction, feeding,
recreation or housing of students, the |
| 2 | | conducting of research or other work of
a
private institution |
| 3 | | of higher education, the use by a private institution of
higher |
| 4 | | education in connection with any educational, research or |
| 5 | | related or
incidental activities then being or to be conducted |
| 6 | | by it, or any combination
of the foregoing, including, without |
| 7 | | limitation, any such property suitable for
use as or in |
| 8 | | connection with any one or more of the following: an academic
|
| 9 | | facility, administrative facility, agricultural facility, |
| 10 | | assembly hall,
athletic facility, auditorium, boating |
| 11 | | facility, campus, communication
facility,
computer facility, |
| 12 | | continuing education facility, classroom, dining hall,
|
| 13 | | dormitory, exhibition hall, fire fighting facility, fire |
| 14 | | prevention facility,
food service and preparation facility, |
| 15 | | gymnasium, greenhouse, health care
facility, hospital, |
| 16 | | housing, instructional facility, laboratory, library,
|
| 17 | | maintenance facility, medical facility, museum, offices, |
| 18 | | parking area,
physical education facility, recreational |
| 19 | | facility, research facility, stadium,
storage facility, |
| 20 | | student union, study facility, theatre or utility.
|
| 21 | | (s) The term "cultural facility" means any property located |
| 22 | | within the State, or any property located outside the State, |
| 23 | | provided that, if the property is located outside the State, it |
| 24 | | must be owned, operated, leased or managed by an entity located |
| 25 | | within the State or an entity affiliated with an entity located |
| 26 | | within the State, in each case
constructed or acquired before |
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| 1 | | or after the effective date of this Act, which
is or will be, |
| 2 | | in whole or in part, suitable for the particular purposes or
|
| 3 | | needs
of a cultural institution, including, without |
| 4 | | limitation, any such property
suitable for use as or in |
| 5 | | connection with any one or more of the following: an
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| 6 | | administrative facility, aquarium, assembly hall, auditorium, |
| 7 | | botanical garden,
exhibition hall, gallery, greenhouse, |
| 8 | | library, museum, scientific laboratory,
theater or zoological |
| 9 | | facility, and shall also include, without limitation,
books, |
| 10 | | works of art or music, animal, plant or aquatic life or other |
| 11 | | items for
display, exhibition or performance. The term |
| 12 | | "cultural facility" includes
buildings on the National |
| 13 | | Register of Historic Places which are owned or
operated by |
| 14 | | nonprofit entities.
|
| 15 | | (t) "Private institution of higher education" means a |
| 16 | | not-for-profit
educational institution which is not owned by |
| 17 | | the State or any political
subdivision, agency, |
| 18 | | instrumentality, district or municipality thereof, which
is
|
| 19 | | authorized by law to provide a program of education beyond the |
| 20 | | high school
level
and which:
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| 21 | | (1) Admits as regular students only individuals having |
| 22 | | a
certificate of graduation from a high school, or the |
| 23 | | recognized equivalent of
such a certificate;
|
| 24 | | (2) Provides an educational program for which it awards |
| 25 | | a
bachelor's degree, or provides an educational program, |
| 26 | | admission into which is
conditioned upon the prior |
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| 1 | | attainment of a bachelor's degree or its equivalent,
for |
| 2 | | which it awards a postgraduate degree, or provides not less |
| 3 | | than a 2-year
program which is acceptable for full credit |
| 4 | | toward such a degree, or offers a
2-year program in |
| 5 | | engineering, mathematics, or the physical or biological
|
| 6 | | sciences
which is designed to prepare the student to work |
| 7 | | as a technician and at a
semiprofessional level in |
| 8 | | engineering, scientific, or other technological
fields
|
| 9 | | which require the understanding and application of basic |
| 10 | | engineering,
scientific, or mathematical principles or |
| 11 | | knowledge;
|
| 12 | | (3) Is accredited by a nationally recognized |
| 13 | | accrediting agency or
association or, if not so accredited, |
| 14 | | is an institution whose credits are
accepted, on transfer, |
| 15 | | by not less than 3 institutions which are so accredited,
|
| 16 | | for credit on the same basis as if transferred from an |
| 17 | | institution so
accredited, and holds an unrevoked |
| 18 | | certificate of approval under the Private
College Act from |
| 19 | | the Board of Higher Education, or is qualified as a
"degree |
| 20 | | granting institution" under the Academic Degree Act; and
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| 21 | | (4) Does not discriminate in the admission of students |
| 22 | | on the basis
of race or color.
"Private institution of |
| 23 | | higher education" also includes any "academic
|
| 24 | | institution".
|
| 25 | | (u) The term "academic institution" means any |
| 26 | | not-for-profit institution
which
is not owned by the State or |
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| 1 | | any political subdivision, agency,
instrumentality,
district |
| 2 | | or municipality thereof, which institution engages in, or |
| 3 | | facilitates
academic, scientific, educational or professional |
| 4 | | research or learning in a
field or fields of study taught at a |
| 5 | | private institution of higher education.
Academic institutions |
| 6 | | include, without limitation, libraries, archives,
academic, |
| 7 | | scientific, educational or professional societies, |
| 8 | | institutions,
associations or foundations having such |
| 9 | | purposes.
|
| 10 | | (v) The term "cultural institution" means any |
| 11 | | not-for-profit institution
which
is not owned by the State or |
| 12 | | any political subdivision, agency,
instrumentality,
district |
| 13 | | or municipality thereof, which institution engages in the |
| 14 | | cultural,
intellectual, scientific, educational or artistic |
| 15 | | enrichment of the people of
the State. Cultural institutions |
| 16 | | include, without limitation, aquaria,
botanical societies, |
| 17 | | historical societies, libraries, museums, performing arts
|
| 18 | | associations or societies, scientific societies and zoological |
| 19 | | societies.
|
| 20 | | (w) The term "affiliate" means, with respect to financing |
| 21 | | of an agricultural
facility or an agribusiness, any lender, any |
| 22 | | person, firm or corporation
controlled by, or under common |
| 23 | | control with, such lender, and any person, firm
or corporation |
| 24 | | controlling such lender.
|
| 25 | | (x) The term "agricultural facility" means land, any |
| 26 | | building or other
improvement thereon or thereto, and any |
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| 1 | | personal properties deemed necessary or
suitable for use, |
| 2 | | whether or not now in existence, in farming, ranching, the
|
| 3 | | production of agricultural commodities (including, without |
| 4 | | limitation, the
products of aquaculture, hydroponics and |
| 5 | | silviculture) or the treating,
processing or storing of such |
| 6 | | agricultural commodities when such activities are
customarily |
| 7 | | engaged in by farmers as a part of farming and which land, |
| 8 | | building, improvement or personal property is located within |
| 9 | | the State, or is located outside the State, provided, that, if |
| 10 | | such property is located outside the State, it must be owned, |
| 11 | | operated, leased, or managed by an entity located within the |
| 12 | | State or an entity affiliated with an entity located within the |
| 13 | | State.
|
| 14 | | (y) The term "lender" with respect to financing of an |
| 15 | | agricultural facility
or an agribusiness, means any federal or |
| 16 | | State chartered bank, Federal Land
Bank,
Production Credit |
| 17 | | Association, Bank for Cooperatives, federal or State
chartered |
| 18 | | savings and loan association or building and loan association, |
| 19 | | Small
Business
Investment Company or any other institution |
| 20 | | qualified within this State to
originate and service loans, |
| 21 | | including, but without limitation to, insurance
companies, |
| 22 | | credit unions and mortgage loan companies. "Lender" also means |
| 23 | | a
wholly owned subsidiary of a manufacturer, seller or |
| 24 | | distributor of goods or
services that makes loans to businesses |
| 25 | | or individuals, commonly known as a
"captive finance company".
|
| 26 | | (z) The term "agribusiness" means any sole proprietorship, |
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| 1 | | limited
partnership, co-partnership, joint venture, |
| 2 | | corporation or cooperative which
operates or will operate a |
| 3 | | facility located within the State or outside the State, |
| 4 | | provided, that, if any facility is located outside the State, |
| 5 | | it must be owned, operated, leased, or managed by an entity |
| 6 | | located within the State or an entity affiliated with an entity |
| 7 | | located within the State, that
is related to the
processing of |
| 8 | | agricultural commodities (including, without limitation, the
|
| 9 | | products of aquaculture, hydroponics and silviculture) or the |
| 10 | | manufacturing,
production or construction of agricultural |
| 11 | | buildings, structures, equipment,
implements, and supplies, or |
| 12 | | any other facilities or processes used in
agricultural |
| 13 | | production. Agribusiness includes but is not limited to the
|
| 14 | | following:
|
| 15 | | (1) grain handling and processing, including grain |
| 16 | | storage,
drying, treatment, conditioning, mailing and |
| 17 | | packaging;
|
| 18 | | (2) seed and feed grain development and processing;
|
| 19 | | (3) fruit and vegetable processing, including |
| 20 | | preparation, canning
and packaging;
|
| 21 | | (4) processing of livestock and livestock products, |
| 22 | | dairy products,
poultry and poultry products, fish or |
| 23 | | apiarian products, including slaughter,
shearing, |
| 24 | | collecting, preparation, canning and packaging;
|
| 25 | | (5) fertilizer and agricultural chemical |
| 26 | | manufacturing,
processing, application and supplying;
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| 1 | | (6) farm machinery, equipment and implement |
| 2 | | manufacturing and
supplying;
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| 3 | | (7) manufacturing and supplying of agricultural |
| 4 | | commodity
processing machinery and equipment, including |
| 5 | | machinery and equipment used in
slaughter, treatment, |
| 6 | | handling, collecting, preparation, canning or packaging
of |
| 7 | | agricultural commodities;
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| 8 | | (8) farm building and farm structure manufacturing, |
| 9 | | construction
and supplying;
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| 10 | | (9) construction, manufacturing, implementation, |
| 11 | | supplying or
servicing of irrigation, drainage and soil and |
| 12 | | water conservation devices or
equipment;
|
| 13 | | (10) fuel processing and development facilities that |
| 14 | | produce fuel
from agricultural commodities or byproducts;
|
| 15 | | (11) facilities and equipment for processing and |
| 16 | | packaging
agricultural commodities specifically for |
| 17 | | export;
|
| 18 | | (12) facilities and equipment for forestry product |
| 19 | | processing and
supplying, including sawmilling operations, |
| 20 | | wood chip operations, timber
harvesting operations, and |
| 21 | | manufacturing of prefabricated buildings, paper,
furniture |
| 22 | | or other goods from forestry products;
|
| 23 | | (13) facilities and equipment for research and |
| 24 | | development of
products, processes and equipment for the |
| 25 | | production, processing, preparation
or packaging of |
| 26 | | agricultural commodities and byproducts.
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| 1 | | (aa) The term "asset" with respect to financing of any |
| 2 | | agricultural facility
or
any agribusiness, means, but is not |
| 3 | | limited to the following: cash crops or
feed on hand; livestock |
| 4 | | held for sale; breeding stock; marketable bonds and
securities; |
| 5 | | securities not readily marketable; accounts receivable; notes
|
| 6 | | receivable; cash invested in growing crops; net cash value of |
| 7 | | life insurance;
machinery and equipment; cars and trucks; farm |
| 8 | | and other real estate including
life estates and personal |
| 9 | | residence; value of beneficial interests in trusts;
government |
| 10 | | payments or grants; and any other assets.
|
| 11 | | (bb) The term "liability" with respect to financing of any |
| 12 | | agricultural
facility or any agribusiness shall include, but |
| 13 | | not be limited to the
following:
accounts payable; notes or |
| 14 | | other indebtedness owed to any source; taxes; rent;
amounts |
| 15 | | owed on real estate contracts or real estate mortgages; |
| 16 | | judgments;
accrued interest payable; and any other liability.
|
| 17 | | (cc) The term "Predecessor Authorities" means those |
| 18 | | authorities as described
in Section 845-75.
|
| 19 | | (dd) The term "housing project" means a specific work or |
| 20 | | improvement located within the State or outside the State and
|
| 21 | | undertaken
to provide residential dwelling accommodations, |
| 22 | | including the acquisition,
construction or rehabilitation of |
| 23 | | lands, buildings and community facilities and
in connection |
| 24 | | therewith to provide nonhousing facilities which are part of |
| 25 | | the
housing project, including land, buildings, improvements, |
| 26 | | equipment and all
ancillary facilities for use for offices, |
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| 1 | | stores, retirement homes, hotels,
financial institutions, |
| 2 | | service, health care, education, recreation or research
|
| 3 | | establishments, or any other commercial purpose which are or |
| 4 | | are to be related
to a housing development, provided that any |
| 5 | | work or improvement located outside the State is owned, |
| 6 | | operated, leased or managed by an entity located within the |
| 7 | | State, or any entity affiliated with an entity located within |
| 8 | | the State. |
| 9 | | (ee) The term "conservation project" means any project |
| 10 | | including the acquisition, construction, rehabilitation, |
| 11 | | maintenance, operation, or upgrade that is intended to create |
| 12 | | or expand open space or to reduce energy usage through |
| 13 | | efficiency measures. For the purpose of this definition, "open |
| 14 | | space" has the definition set forth under Section 10 of the |
| 15 | | Illinois Open Land Trust Act.
|
| 16 | | (ff) The term "significant presence" means the existence |
| 17 | | within the State of the national or regional headquarters of an |
| 18 | | entity or group or such other facility of an entity or group of |
| 19 | | entities where a significant amount of the business functions |
| 20 | | are performed for such entity or group of entities. |
| 21 | | (gg) The term "municipal bond issuer" means the State or |
| 22 | | any other state or commonwealth of the United States, or any |
| 23 | | unit of local government, school district, agency or |
| 24 | | instrumentality, office, department, division, bureau, |
| 25 | | commission, college or university thereof located in the State |
| 26 | | or any other state or commonwealth of the United States. |
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| 1 | | (hh) The term "municipal bond program project" means a |
| 2 | | program for the funding of the purchase of bonds, notes or |
| 3 | | other obligations issued by or on behalf of a municipal bond |
| 4 | | issuer. |
| 5 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 6 | | eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13; |
| 7 | | revised 8-9-13.)
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| 8 | | Section 130. The Illinois Power Agency Act is amended by |
| 9 | | changing Sections 1-57 and 1-92 as follows:
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| 10 | | (20 ILCS 3855/1-57)
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| 11 | | Sec. 1-57. Facility financing. |
| 12 | | (a) The Agency shall have the power (1) to borrow from the |
| 13 | | Authority, through one or more Agency loan agreements, the net |
| 14 | | proceeds of revenue bonds for costs incurred in connection with |
| 15 | | the development and construction of a facility, provided that |
| 16 | | the stated maturity date of any of those revenue bonds shall |
| 17 | | not exceed 40 years from their respective issuance dates, (2) |
| 18 | | to accept prepayments from purchasers of electric energy from a |
| 19 | | project and to apply the same to costs incurred in connection |
| 20 | | with the development and construction of a facility, subject to |
| 21 | | any obligation to refund the same under the circumstances |
| 22 | | specified in the purchasers' contract for the purchase and sale |
| 23 | | of electric energy from that project, (3) to enter into leases |
| 24 | | or similar arrangements to finance the property constituting a |
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| 1 | | part of a project and associated costs incurred in connection |
| 2 | | with the development and construction of a facility, provided |
| 3 | | that the term of any such lease or similar arrangement shall |
| 4 | | not exceed 40 years from its inception, and (4) to enter into |
| 5 | | agreements for the sale of revenue bonds that bear interest at |
| 6 | | a rate or rates not exceeding the maximum rate permitted by the |
| 7 | | Bond Authorization Act. All Agency loan agreements shall |
| 8 | | include terms making the obligations thereunder subject to |
| 9 | | redemption before maturity. |
| 10 | | (b) The Agency may from time to time engage the services of |
| 11 | | the Authority, attorneys, appraisers, architects, engineers, |
| 12 | | accountants, credit analysts, bond underwriters, bond |
| 13 | | trustees, credit enhancement providers, and other financial |
| 14 | | professionals and consultants, if the Agency deems it |
| 15 | | advisable. |
| 16 | | (c) The Agency may pledge, as security for the payment of |
| 17 | | its revenue bonds in respect of a project, (1) revenues derived |
| 18 | | from the operation of the project in part or whole, (2) the |
| 19 | | real and personal property, machinery, equipment, structures, |
| 20 | | fixtures, and inventories directly associated with the |
| 21 | | project, (3) grants or other revenues or taxes expected to be |
| 22 | | received by the Agency directly linked to the project, (4) |
| 23 | | payments to be made by another governmental unit or other |
| 24 | | entity pursuant to a service, user, or other similar agreement |
| 25 | | with that governmental unit or other entity that is a result of |
| 26 | | the project, (5) any other revenues or moneys deposited or to |
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| 1 | | be deposited directly linked to the project, (6) all design, |
| 2 | | engineering, procurement, construction, installation, |
| 3 | | management, and operation agreements associated with the |
| 4 | | project, (7) any reserve or debt service funds created under |
| 5 | | the agreements governing the indebtedness, (8) the Illinois |
| 6 | | Power Agency Facilities Fund or the Illinois Power Agency Debt |
| 7 | | Service Fund, or (9) any combination thereof. Any such pledge |
| 8 | | shall be authorized in a writing, signed by the Director of the |
| 9 | | Agency, and then signed by the Governor of Illinois. At no time |
| 10 | | shall the funds contained in the Illinois Power Agency Trust |
| 11 | | Fund be pledged or used in any way to pay for the indebtedness |
| 12 | | of the Agency. The Director shall not authorize the issuance or |
| 13 | | grant of any pledge until he or she has certified that any |
| 14 | | associated project is in full compliance with Sections 1-85 and |
| 15 | | 1-86 of this Act. The certification shall be duly attached or |
| 16 | | referenced in the agreements reflecting the pledge. Any such |
| 17 | | pledge made by the Agency shall be valid and binding from the |
| 18 | | time the pledge is made. The revenues, property, or funds that |
| 19 | | are pledged and thereafter received by the Agency shall |
| 20 | | immediately be subject to the lien of the pledge without any |
| 21 | | physical delivery thereof or further act; and, subject only to |
| 22 | | the provisions of prior liens, the lien of the pledge shall be |
| 23 | | valid and binding as against all parties having claims of any |
| 24 | | kind in tort, contract, or otherwise against the Agency |
| 25 | | irrespective of whether the parties have notice thereof. All |
| 26 | | bonds issued on behalf of the Agency must be issued by the |
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| 1 | | Authority and must be revenue bonds. These revenue bonds may be |
| 2 | | taxable or tax-exempt. |
| 3 | | (d) All indebtedness issued by or on behalf of the Agency, |
| 4 | | including, without limitation, any revenue bonds issued by the |
| 5 | | Authority on behalf of the Agency, shall not be a debt of the |
| 6 | | State, the Authority, any political subdivision thereof (other |
| 7 | | than the Agency to the extent provided in agreements governing |
| 8 | | the indebtedness), any local government, any governmental |
| 9 | | aggregator as defined in the this Act, or any local government, |
| 10 | | and none of the State, the Authority, any political subdivision |
| 11 | | thereof (other than the Agency to the extent provided in |
| 12 | | agreements governing the indebtedness), any local government, |
| 13 | | or any government aggregator shall be liable thereon. Neither |
| 14 | | the Authority nor the Agency shall have the power to pledge the |
| 15 | | credit, the revenues, or the taxing power of the State, any |
| 16 | | political subdivision thereof (other than the Agency), any |
| 17 | | governmental aggregator, or of any local government, and |
| 18 | | neither the credit, the revenues, nor the taxing power of the |
| 19 | | State, any political subdivision thereof (other than the |
| 20 | | Agency), any governmental aggregator, or any local government |
| 21 | | shall be, or shall be deemed to be, pledged to the payment of |
| 22 | | any revenue bonds, notes, or other obligations of the Agency. |
| 23 | | In addition, the agreements governing any issue of indebtedness |
| 24 | | shall provide that all holders of that indebtedness, by virtue |
| 25 | | of their acquisition thereof, have agreed to waive and release |
| 26 | | all claims and causes of action against the State of Illinois |
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| 1 | | in respect of the indebtedness or any project associated |
| 2 | | therewith based on any theory of law. However, the waiver shall |
| 3 | | not prohibit the holders of indebtedness issued on behalf of |
| 4 | | the Agency from filing any cause of action against or |
| 5 | | recovering damages from the Agency, recovering from any |
| 6 | | property or funds pledged to secure the indebtedness, or |
| 7 | | recovering from any property or funds to which the Agency holds |
| 8 | | title, provided the property or funds are directly associated |
| 9 | | with the project for which the indebtedness was specifically |
| 10 | | issued. Each evidence of indebtedness of the Agency, including |
| 11 | | the revenue bonds issued by the Authority on behalf of the |
| 12 | | Agency, shall contain a clear and explicit statement of the |
| 13 | | provisions of this Section. |
| 14 | | (e) The Agency may from time to time enter into an |
| 15 | | agreement or agreements to defease indebtedness issued on its |
| 16 | | behalf or to refund, at maturity, at a redemption date or in |
| 17 | | advance of either, any indebtedness issued on its behalf or |
| 18 | | pursuant to redemption provisions or at any time before |
| 19 | | maturity. All such refunding indebtedness shall be subject to |
| 20 | | the requirements set forth in subsections (a), (c), and (d) of |
| 21 | | this Section. No revenue bonds issued to refund or advance |
| 22 | | refund revenue bonds issued under this Section may mature later |
| 23 | | than the longest maturity date of the series of bonds being |
| 24 | | refunded. After the aggregate original principal amount of |
| 25 | | revenue bonds authorized in this Section has been issued, the |
| 26 | | payment of any principal amount of those revenue bonds does not |
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| 1 | | authorize the issuance of additional revenue bonds (except |
| 2 | | refunding revenue bonds). |
| 3 | | (f) If the Agency fails to pay the principal of, interest, |
| 4 | | or premium, if any, on any indebtedness as the same becomes |
| 5 | | due, a civil action to compel payment may be instituted in the |
| 6 | | appropriate circuit court by the holder or holders of the |
| 7 | | indebtedness on which the default of payment exists or by any |
| 8 | | administrative agent, collateral agent, or indenture trustee |
| 9 | | acting on behalf of those holders. Delivery of a summons and a |
| 10 | | copy of the complaint to the Director of the Agency shall |
| 11 | | constitute sufficient service to give the circuit court |
| 12 | | jurisdiction over the subject matter of the suit and |
| 13 | | jurisdiction over the Agency and its officers named as |
| 14 | | defendants for the purpose of compelling that payment. Any |
| 15 | | case, controversy, or cause of action concerning the validity |
| 16 | | of this Act shall relate to the revenue of the Agency. Any such |
| 17 | | claims and related proceedings are subject in all respects to |
| 18 | | the provisions of subsection (d) of this Section. The State of |
| 19 | | Illinois shall not be liable or in any other way financially |
| 20 | | responsible for any indebtedness issued by or on behalf of the |
| 21 | | Agency or the performance or non-performance of any covenants |
| 22 | | associated with any such indebtedness. The foregoing statement |
| 23 | | shall not prohibit the holders of any indebtedness issued on |
| 24 | | behalf of the Agency from filing any cause of action against or |
| 25 | | recovering damages from the Agency recovering from any property |
| 26 | | pledged to secure that indebtedness or recovering from any |
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| 1 | | property or funds to which the Agency holds title provided such |
| 2 | | property or funds are directly associated with the project for |
| 3 | | which the indebtedness is specifically issued. |
| 4 | | (g) Upon each delivery of the revenue bonds authorized to |
| 5 | | be issued by the Authority under this Act, the Agency shall |
| 6 | | compute and certify to the State Comptroller the total amount |
| 7 | | of principal of and interest on the Agency loan agreement |
| 8 | | supporting the revenue bonds issued that will be payable in |
| 9 | | order to retire those revenue bonds and the amount of principal |
| 10 | | of and interest on the Agency loan agreement that will be |
| 11 | | payable on each payment date during the then current and each |
| 12 | | succeeding fiscal year. As soon as possible after the first day |
| 13 | | of each month, beginning on the date set forth in the Agency |
| 14 | | loan agreement where that date specifies when the Agency shall |
| 15 | | begin setting aside revenues and other moneys for repayment of |
| 16 | | the revenue bonds per the agreed to schedule, the Agency shall |
| 17 | | certify to the Comptroller and the Comptroller shall order |
| 18 | | transferred and the Treasurer shall transfer from the Illinois |
| 19 | | Power Agency Facilities Fund to the Illinois Power Agency Debt |
| 20 | | Service Fund for each month remaining in the State fiscal year |
| 21 | | a sum of money, appropriated for that purpose, equal to the |
| 22 | | result of the amount of principal of and interest on those |
| 23 | | revenue bonds payable on the next payment date divided by the |
| 24 | | number of full calendar months between the date of those |
| 25 | | revenue bonds, and the first such payment date, and thereafter |
| 26 | | divided by the number of months between each succeeding payment |
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| 1 | | date after the first. The Comptroller is authorized and |
| 2 | | directed to draw warrants on the State Treasurer from the |
| 3 | | Illinois Power Agency Facilities Fund and the Illinois Power |
| 4 | | Agency Debt Service Fund for the amount of all payments of |
| 5 | | principal and interest on the Agency loan agreement relating to |
| 6 | | the Authority revenue bonds issued under this Act. The State |
| 7 | | Treasurer or the State Comptroller shall deposit or cause to be |
| 8 | | deposited any amount of grants or other revenues expected to be |
| 9 | | received by the Agency that the Agency has pledged to the |
| 10 | | payment of revenue bonds directly into the Illinois Power |
| 11 | | Agency Debt Service Fund.
|
| 12 | | (Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
|
| 13 | | (20 ILCS 3855/1-92) |
| 14 | | Sec. 1-92. Aggregation of electrical load by |
| 15 | | municipalities, townships, and counties. |
| 16 | | (a) The corporate authorities of a municipality, township |
| 17 | | board, or county board of a county
may
adopt an ordinance under |
| 18 | | which it may aggregate in accordance with this
Section |
| 19 | | residential and small commercial retail electrical loads |
| 20 | | located, respectively, within the
municipality, the township, |
| 21 | | or the unincorporated areas of the county and, for that |
| 22 | | purpose, may solicit bids and enter into service
agreements to |
| 23 | | facilitate
for those
loads the sale and purchase of electricity |
| 24 | | and related services and equipment. |
| 25 | | The corporate authorities, township board, or county
board |
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| 1 | | may also exercise such authority jointly with any other |
| 2 | | municipality, township, or county.
Two or
more
municipalities, |
| 3 | | townships, or counties, or a combination of both, may initiate |
| 4 | | a
process
jointly to authorize aggregation by a majority vote |
| 5 | | of each particular
municipality, township, or
county as |
| 6 | | required by this Section. |
| 7 | | If the corporate authorities, township board, or the county |
| 8 | | board seek to operate the aggregation program as an opt-out |
| 9 | | program for residential and small commercial retail customers, |
| 10 | | then prior to the adoption of an ordinance with respect to |
| 11 | | aggregation of residential and small commercial retail |
| 12 | | electric loads, the corporate authorities of a municipality, |
| 13 | | the township board, or the county board of a county shall |
| 14 | | submit a referendum to its residents to determine whether or |
| 15 | | not the aggregation program shall operate as an opt-out program |
| 16 | | for residential and small commercial retail customers. Any |
| 17 | | county board that seeks to submit such a referendum to its |
| 18 | | residents shall do so only in unincorporated areas of the |
| 19 | | county where no electric aggregation ordinance has been |
| 20 | | adopted. |
| 21 | | In addition to the notice and conduct requirements of the |
| 22 | | general election law, notice of the referendum shall state |
| 23 | | briefly the purpose of the referendum. The question of whether |
| 24 | | the corporate authorities, the township board, or the county |
| 25 | | board shall adopt an opt-out aggregation program for |
| 26 | | residential and small commercial retail customers shall be |
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| 1 | | submitted to the electors of the municipality, township board, |
| 2 | | or county board at a regular election and approved by a |
| 3 | | majority of the electors voting on the question. The corporate |
| 4 | | authorities, township board, or county board must certify to |
| 5 | | the proper election authority, which must submit the question |
| 6 | | at an election in accordance with the Election Code. |
| 7 | | The election authority must submit the question in |
| 8 | | substantially the following form: |
| 9 | | Shall the (municipality, township, or county in which |
| 10 | | the question is being voted upon) have the authority to |
| 11 | | arrange for the supply of electricity for its residential |
| 12 | | and small commercial retail customers who have not opted |
| 13 | | out of such program? |
| 14 | | The election authority must record the votes as "Yes" or "No". |
| 15 | | If a majority of the electors voting on the question vote |
| 16 | | in the affirmative, then the corporate authorities, township |
| 17 | | board, or county board may implement an opt-out aggregation |
| 18 | | program for residential and small commercial retail customers. |
| 19 | | A referendum must pass in each particular municipality, |
| 20 | | township, or county that is engaged in the aggregation program. |
| 21 | | If the referendum fails, then the corporate authorities, |
| 22 | | township board, or county board shall operate the aggregation |
| 23 | | program as an opt-in program for residential and small |
| 24 | | commercial retail customers. |
| 25 | | An
ordinance under this Section shall specify whether the |
| 26 | | aggregation will occur
only with
the prior consent of each |
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| 1 | | person owning, occupying, controlling, or using an
electric |
| 2 | | load
center proposed to be aggregated. Nothing in this Section,
|
| 3 | | however,
authorizes the aggregation of electric loads that are |
| 4 | | served or authorized to be served by an electric cooperative as |
| 5 | | defined by and pursuant to the Electric Supplier Act or loads |
| 6 | | served by a municipality that owns and operates its own |
| 7 | | electric distribution system. No
aggregation shall take
effect |
| 8 | | unless
approved by a majority of the members of the corporate |
| 9 | | authority, township board, or county board voting upon the |
| 10 | | ordinance.
|
| 11 | | A governmental aggregator under this Section is not a |
| 12 | | public utility or an
alternative retail electric supplier.
|
| 13 | | For purposes of this Section, "township" means the portion |
| 14 | | of a township that is an unincorporated portion of a county |
| 15 | | that is not otherwise a part of a municipality. In addition to |
| 16 | | such other limitations as are included in this Section, a |
| 17 | | township board shall only have authority to aggregate |
| 18 | | residential and small commercial customer loads in accordance |
| 19 | | with this Section if the county board of the county in which |
| 20 | | the township is located (i) is not also submitting a referendum |
| 21 | | to its residents at the same general election that the township |
| 22 | | board proposes to submit a referendum under this subsection |
| 23 | | (a), (ii) has not received authorization through passage of a |
| 24 | | referendum to operate an opt-out aggregation program for |
| 25 | | residential and small commercial retail customers under this |
| 26 | | subsection (a), and (iii) has not otherwise enacted an |
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| 1 | | ordinance under this subsection (a) authorizing the operation |
| 2 | | of an opt-in aggregation program for residential and small |
| 3 | | commercial retail customers as described in this Section. |
| 4 | | (b) Upon the applicable requisite authority under this |
| 5 | | Section, the corporate
authorities, the township board, or the |
| 6 | | county board, with assistance from the Illinois Power Agency, |
| 7 | | shall develop a plan of operation and
governance for the
|
| 8 | | aggregation program so authorized. Before adopting a plan under |
| 9 | | this Section,
the
corporate authorities, township board, or |
| 10 | | county board shall hold at least 2 public hearings on
the plan.
|
| 11 | | Before the first hearing, the corporate authorities, township |
| 12 | | board, or county board shall
publish notice of
the hearings |
| 13 | | once a week for 2 consecutive weeks in a newspaper of general
|
| 14 | | circulation
in the jurisdiction. The notice shall summarize the |
| 15 | | plan and state the date,
time, and
location of each hearing.
|
| 16 | | Any load aggregation plan established pursuant to this Section |
| 17 | | shall: |
| 18 | | (1) provide for universal
access to all applicable |
| 19 | | residential customers and equitable treatment of |
| 20 | | applicable
residential customers; |
| 21 | | (2) describe demand management and energy efficiency |
| 22 | | services to be
provided to each class of customers;
and |
| 23 | | (3) meet any requirements established by law
|
| 24 | | concerning aggregated service offered pursuant to this |
| 25 | | Section. |
| 26 | | (c) The process for soliciting bids for electricity and |
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| 1 | | other related services and awarding proposed agreements for the |
| 2 | | purchase of electricity and other related services shall be |
| 3 | | conducted in the following order: |
| 4 | | (1) The corporate authorities, township board, or |
| 5 | | county board may solicit bids for electricity and other |
| 6 | | related services. The bid specifications may include a |
| 7 | | provision requiring the bidder to disclose the fuel type of |
| 8 | | electricity to be procured or generated on behalf of the |
| 9 | | aggregation program customers. The corporate authorities, |
| 10 | | township board, or county board
may consider the proposed |
| 11 | | source of electricity to be procured or generated to be put |
| 12 | | into the grid on behalf of aggregation program customers in |
| 13 | | the competitive
bidding process. The Agency and Commission |
| 14 | | may collaborate to issue joint
guidance on voluntary |
| 15 | | uniform standards for bidder disclosures of the source of
|
| 16 | | electricity to be procured or generated to be put into the |
| 17 | | grid on behalf of aggregation program customers. |
| 18 | | (1.5) A township board shall request from the electric |
| 19 | | utility those residential and small commercial customers |
| 20 | | within their aggregate area either by zip code or zip codes |
| 21 | | or other means as determined by the electric utility. The |
| 22 | | electric utility shall then provide to the township board |
| 23 | | the residential and small commercial customers, including |
| 24 | | the names and addresses of residential and small commercial |
| 25 | | customers, electronically. The township board shall be |
| 26 | | responsible for authenticating the residential and small |
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| 1 | | commercial customers contained in this listing and |
| 2 | | providing edits of the data to affirm, add, or delete the |
| 3 | | residential and small commercial customers located within |
| 4 | | its jurisdiction. The township board shall provide the |
| 5 | | edited list to the electric utility in an electronic format |
| 6 | | or other means selected by the electric utility and certify |
| 7 | | that the information is accurate. |
| 8 | | (2) Notwithstanding Section 16-122 of the Public |
| 9 | | Utilities Act and Section 2HH of the Consumer Fraud and |
| 10 | | Deceptive Business Practices Act, an electric utility that |
| 11 | | provides residential and small commercial retail electric |
| 12 | | service in the aggregate area must, upon request of the |
| 13 | | corporate authorities, township board, or the county board |
| 14 | | in the aggregate area, submit to the requesting party, in |
| 15 | | an electronic format, those account numbers, names, and |
| 16 | | addresses of residential and small commercial retail |
| 17 | | customers in the aggregate area that are reflected in the |
| 18 | | electric utility's records at the time of the request; |
| 19 | | provided, however, that any township board has first |
| 20 | | provided an accurate customer list to the electric utility |
| 21 | | as provided for herein. |
| 22 | | Any corporate authority, township board, or county board |
| 23 | | receiving customer information from an electric utility shall |
| 24 | | be subject to the limitations on the disclosure of the |
| 25 | | information described in Section 16-122 of the Public Utilities |
| 26 | | Act and Section 2HH of the Consumer Fraud and Deceptive |
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| 1 | | Business Practices Act, and an electric utility shall not be |
| 2 | | held liable for any claims arising out of the provision of |
| 3 | | information pursuant to this item (2). |
| 4 | | (d) If the corporate authorities, township board, or county |
| 5 | | board operate under an opt-in program for residential and small |
| 6 | | commercial retail customers, then the corporate authorities, |
| 7 | | township board, or county board shall comply with all of the |
| 8 | | following: |
| 9 | | (1) Within 60 days after receiving the bids, the |
| 10 | | corporate authorities, township board, or county board |
| 11 | | shall allow residential and small commercial retail |
| 12 | | customers to commit to the terms and conditions of a bid |
| 13 | | that has been selected by the corporate authorities, |
| 14 | | township board, or county board. |
| 15 | | (2) If (A) the corporate authorities, township board, |
| 16 | | or county board award proposed agreements for the purchase |
| 17 | | of electricity and other related services and (B) an |
| 18 | | agreement is reached between the corporate authorities, |
| 19 | | township board, or county board for those services, then |
| 20 | | customers committed to the terms and conditions according |
| 21 | | to item (1) of this subsection (d) shall be committed to |
| 22 | | the agreement. |
| 23 | | (e) If the corporate authorities, township board, or county |
| 24 | | board operate as an opt-out program for residential and small |
| 25 | | commercial retail customers, then it shall be the duty of the |
| 26 | | aggregated entity to fully inform
residential and small |
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| 1 | | commercial retail customers in advance that they have the right |
| 2 | | to opt out of the aggregation program.
The disclosure shall |
| 3 | | prominently state all charges to be made and
shall include
full |
| 4 | | disclosure of the cost to obtain service pursuant to Section |
| 5 | | 16-103 of the Public Utilities Act, how
to access it,
and the |
| 6 | | fact that it is available to them without penalty, if they are
|
| 7 | | currently receiving
service under that Section. The Illinois |
| 8 | | Power Agency shall furnish, without charge, to
any citizen a
|
| 9 | | list of all supply options available to them in a format that
|
| 10 | | allows
comparison of prices and products. |
| 11 | | (f) Any person or entity retained by a municipality or |
| 12 | | county, or jointly by more than one such unit of local |
| 13 | | government, to provide input, guidance, or advice in the |
| 14 | | selection of an electricity supplier for an aggregation program |
| 15 | | shall disclose in writing to the involved units of local |
| 16 | | government the nature of any relationship through which the |
| 17 | | person or entity may receive, either directly or indirectly, |
| 18 | | commissions or other remuneration as a result of the selection |
| 19 | | of any particular electricity supplier. The written disclosure |
| 20 | | must be made prior to formal approval by the involved units of |
| 21 | | local government of any professional services agreement with |
| 22 | | the person or entity, or no later than October 1, 2012 with |
| 23 | | respect to any such professional services agreement entered |
| 24 | | into prior to the effective date of this amendatory Act of the |
| 25 | | 97th General Assembly. The disclosure shall cover all direct |
| 26 | | and indirect relationships through which commissions or |
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| 1 | | remuneration may result, including the pooling of commissions |
| 2 | | or remuneration among multiple persons or entities, and shall |
| 3 | | identify all involved electricity suppliers. The disclosure |
| 4 | | requirements in this subsection (f) are to be liberally |
| 5 | | construed to ensure that the nature of financial interests are |
| 6 | | fully revealed, and these disclosure requirements shall apply |
| 7 | | regardless of whether the involved person or entity is licensed |
| 8 | | under Section 16-115C of the Public Utilities Act. Any person |
| 9 | | or entity that fails to make the disclosure required under this |
| 10 | | subsection (f) is liable to the involved units of local |
| 11 | | government in an amount equal to all compensation paid to such |
| 12 | | person or entity by the units of local government for the |
| 13 | | input, guidance, or advice in the selection of an electricity |
| 14 | | supplier, plus reasonable attorneys fees and court costs |
| 15 | | incurred by the units of local government in connection with |
| 16 | | obtaining such amount. |
| 17 | | (g) The Illinois Power Agency shall provide assistance to |
| 18 | | municipalities, townships, counties, or associations working |
| 19 | | with municipalities to help complete the plan and bidding |
| 20 | | process. |
| 21 | | (h) This Section does not prohibit municipalities or |
| 22 | | counties from entering into an intergovernmental agreement to |
| 23 | | aggregate residential and small commercial retail electric |
| 24 | | loads.
|
| 25 | | (Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12; |
| 26 | | 97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff. |
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| 1 | | 1-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)
|
| 2 | | Section 135. The Addison Creek Restoration Commission Act |
| 3 | | is amended by changing Section 20 as follows:
|
| 4 | | (20 ILCS 3901/20)
|
| 5 | | (Section scheduled to be repealed on January 1, 2015) |
| 6 | | Sec. 20. Taxing powers. |
| 7 | | (a) After the first Monday in October and by the first |
| 8 | | Monday in December in each year, the Commission shall levy the |
| 9 | | general taxes for the Commission by general categories for the |
| 10 | | next fiscal year. A certified copy of the levy ordinance shall |
| 11 | | be filed with the county clerk of each county in which the that |
| 12 | | part of the territory of the Commission that is within the |
| 13 | | Addison Creek floodplain is located by the last Tuesday in |
| 14 | | December each year. |
| 15 | | (b) The amount of taxes levied for general corporate |
| 16 | | purposes for a fiscal year may not exceed the rate of .01% of |
| 17 | | the value, as equalized or assessed by the Department of |
| 18 | | Revenue, of the taxable property located within that part of |
| 19 | | the territory of the Commission that is within the Addison |
| 20 | | Creek floodplain, provided that the total amount levied and |
| 21 | | extended under this Section and Section 17, in the aggregate, |
| 22 | | in any single taxable year, shall not exceed $10,000,000. |
| 23 | | (c) This tax and tax rate are exclusive of the taxes |
| 24 | | required for the payment of the principal of and interest on |
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| 1 | | bonds. |
| 2 | | (d) The rate of the tax levied for general corporate |
| 3 | | purposes of the Commission may be initially imposed or |
| 4 | | thereafter increased, up to the maximum rate identified in |
| 5 | | subsection (b), by the Commission by a resolution calling for |
| 6 | | the submission of the question of imposing or increasing the |
| 7 | | rate to the voters of that part of the territory of the |
| 8 | | Commission that is within the Addison Creek floodplain in |
| 9 | | accordance with the general election law. The question must be |
| 10 | | in substantially the following form: |
| 11 | | Shall the Commission be authorized to establish its |
| 12 | | general corporate tax rate at (insert rate) on the |
| 13 | | equalized assessed value on all taxable property located |
| 14 | | within that part of the territory of the Commission that is |
| 15 | | within the Addison Creek floodplain for its general |
| 16 | | purposes? |
| 17 | | The ballot must have printed on it, but not as part of the |
| 18 | | proposition submitted, the following: "The approximate impact |
| 19 | | of the proposed (tax rate or increase) on the owner of a single |
| 20 | | family home having a market value of (insert value) would be |
| 21 | | (insert amount) in the first year of the (tax rate or increase) |
| 22 | | if the (tax rate or increase) is fully implemented." The ballot |
| 23 | | may have printed on it, but not as part of the proposition, one |
| 24 | | or both of the following: "The last tax rate extended for the |
| 25 | | purposes of the Commission was (insert rate). The last rate |
| 26 | | increase approved for the purposes of the Commission was in |
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| 1 | | (insert year)." No other information needs to be included on |
| 2 | | the ballot. |
| 3 | | The votes must be recorded as "Yes" or "No". |
| 4 | | If a majority of the electors voting on the question vote |
| 5 | | in the affirmative, the Commission may thereafter levy the tax.
|
| 6 | | (Source: P.A. 93-948, eff. 8-19-04; 94-682, eff. 11-3-05; |
| 7 | | revised 9-24-13.)
|
| 8 | | Section 140. The Illinois Criminal Justice Information Act |
| 9 | | is amended by changing Sections 3 and 14 as follows:
|
| 10 | | (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
|
| 11 | | (Text of Section before amendment by P.A. 98-528) |
| 12 | | Sec. 3. Definitions. Whenever used in this Act, and for the |
| 13 | | purposes
of this Act unless the context clearly denotes |
| 14 | | otherwise:
|
| 15 | | (a) The term "criminal justice system" includes all |
| 16 | | activities by
public agencies pertaining to the prevention or
|
| 17 | | reduction of crime or enforcement of the criminal law, and |
| 18 | | particularly,
but without limitation, the prevention, |
| 19 | | detection, and investigation of
crime; the apprehension of |
| 20 | | offenders; the protection of victims and
witnesses; the |
| 21 | | administration of juvenile justice; the prosecution and
|
| 22 | | defense of criminal cases; the trial, conviction, and |
| 23 | | sentencing of
offenders; as well as the correction and |
| 24 | | rehabilitation of offenders,
which includes imprisonment, |
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| 1 | | probation, parole, aftercare release, and treatment.
|
| 2 | | (b) The term "Authority" means the Illinois Criminal |
| 3 | | Justice Information
Authority created by this Act.
|
| 4 | | (c) The term "criminal justice information" means any and |
| 5 | | every type of
information that is collected, transmitted, or |
| 6 | | maintained by the criminal
justice system.
|
| 7 | | (d) The term "criminal history record information" means |
| 8 | | data
identifiable to an individual and consisting of |
| 9 | | descriptions or notations
of arrests, detentions, indictments, |
| 10 | | informations, pre-trial proceedings,
trials, or other formal |
| 11 | | events in the criminal justice system or
descriptions or |
| 12 | | notations of criminal charges (including criminal
violations |
| 13 | | of local municipal ordinances) and the nature of any |
| 14 | | disposition
arising therefrom, including sentencing, court or |
| 15 | | correctional supervision,
rehabilitation, and release. The |
| 16 | | term does not apply to statistical
records and reports in which |
| 17 | | individuals are not identified and from which
their identities |
| 18 | | are not ascertainable, or to information that is for
criminal |
| 19 | | investigative or intelligence purposes.
|
| 20 | | (e) The term "unit of general local government" means any |
| 21 | | county,
municipality or other general purpose political |
| 22 | | subdivision of this State.
|
| 23 | | (Source: P.A. 98-558, eff. 1-1-14.)
|
| 24 | | (Text of Section after amendment by P.A. 98-528) |
| 25 | | Sec. 3. Definitions. Whenever used in this Act, and for the |
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| 1 | | purposes
of this Act unless the context clearly denotes |
| 2 | | otherwise:
|
| 3 | | (a) The term "criminal justice system" includes all |
| 4 | | activities by
public agencies pertaining to the prevention or
|
| 5 | | reduction of crime or enforcement of the criminal law, and |
| 6 | | particularly,
but without limitation, the prevention, |
| 7 | | detection, and investigation of
crime; the apprehension of |
| 8 | | offenders; the protection of victims and
witnesses; the |
| 9 | | administration of juvenile justice; the prosecution and
|
| 10 | | defense of criminal cases; the trial, conviction, and |
| 11 | | sentencing of
offenders; as well as the correction and |
| 12 | | rehabilitation of offenders,
which includes imprisonment, |
| 13 | | probation, parole, aftercare release, and treatment.
|
| 14 | | (b) The term "Authority" means the Illinois Criminal |
| 15 | | Justice Information
Authority created by this Act.
|
| 16 | | (c) The term "criminal justice information" means any and |
| 17 | | every type of
information that is collected, transmitted, or |
| 18 | | maintained by the criminal
justice system.
|
| 19 | | (d) The term "criminal history record information" means |
| 20 | | data
identifiable to an individual, including information |
| 21 | | collected under Section 4.5 of the Criminal Identification Act, |
| 22 | | and consisting of descriptions or notations
of arrests, |
| 23 | | detentions, indictments, informations, pre-trial proceedings,
|
| 24 | | trials, or other formal events in the criminal justice system |
| 25 | | or
descriptions or notations of criminal charges (including |
| 26 | | criminal
violations of local municipal ordinances) and the |
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| 1 | | nature of any disposition
arising therefrom, including |
| 2 | | sentencing, court or correctional supervision,
rehabilitation, |
| 3 | | and release. The term does not apply to statistical
records and |
| 4 | | reports in which individuals are not identified and from which
|
| 5 | | their identities are not ascertainable, or to information that |
| 6 | | is for
criminal investigative or intelligence purposes.
|
| 7 | | (e) The term "unit of general local government" means any |
| 8 | | county,
municipality or other general purpose political |
| 9 | | subdivision of this State.
|
| 10 | | (Source: P.A. 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; revised |
| 11 | | 9-4-13.)
|
| 12 | | (20 ILCS 3930/14) (from Ch. 38, par. 210-14)
|
| 13 | | Sec. 14. Illinois Law Enforcement Commission. Effective |
| 14 | | April 1, 1983:
|
| 15 | | (a) The position of Executive Director of the Illinois Law |
| 16 | | Enforcement
Commission is abolished;
|
| 17 | | (b) The Illinois Law Enforcement Commission is abolished, |
| 18 | | and the terms
and appointments of its members and Chairman are |
| 19 | | terminated; and
|
| 20 | | (Ch. 38, rep. pars. 209-1 through 209-16)
|
| 21 | | (c) "An Act creating an Illinois Law Enforcement Commission |
| 22 | | and defining
its powers and duties", approved September 20, |
| 23 | | 1977, as now or hereafter
amended, is repealed.
|
| 24 | | (Source: P.A. 82-1039; revised 11-14-13.)
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| 1 | | Section 145. The Violence Prevention Task Force Act is |
| 2 | | amended by changing Section 5 as follows:
|
| 3 | | (20 ILCS 4028/5)
|
| 4 | | Sec. 5. Violence Prevention Task Force; members. |
| 5 | | (a) There is created the Violence Prevention Task Force |
| 6 | | (hereinafter referred to as the Task Force) consisting of 6 |
| 7 | | members appointed as follows: |
| 8 | | (1) one member of the Senate appointed by the |
| 9 | | President of the Senate; |
| 10 | | (2) one member of the Senate appointed by the |
| 11 | | Minority Leader of the Senate; |
| 12 | | (3) one member of the House of Representatives |
| 13 | | appointed by the Speaker of the House of |
| 14 | | Representatives; |
| 15 | | (4) one member of the House of Representatives |
| 16 | | appointed by the Minority Leader of the House of |
| 17 | | Representatives; and |
| 18 | | (5) 2 members appointed by the Governor, one of |
| 19 | | whom shall be designated the chairperson by the |
| 20 | | Governor. |
| 21 | | (b) The members of the Task Force shall serve without |
| 22 | | compensation but shall be reimbursed for their reasonable and |
| 23 | | necessary expenses from funds appropriated for that purpose. |
| 24 | | (c) The Task Force may employ skilled experts with the |
| 25 | | approval of the chairperson, and shall receive the cooperation |
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| 1 | | of those State agencies it deems appropriate to assist the Task |
| 2 | | Force in carrying out its duties. |
| 3 | | (d) The Illinois African-American African American Family |
| 4 | | Commission, the Illinois Department of Public Health, and the |
| 5 | | Illinois Latino Family Commission shall provide administrative |
| 6 | | and other support to the Task Force.
|
| 7 | | (Source: P.A. 98-194, eff. 8-7-13; revised 9-4-13.)
|
| 8 | | Section 150. The State Finance Act is amended by setting |
| 9 | | forth and renumbering multiple versions of Sections 5.826, |
| 10 | | 5.827, 5i, and 6z-98 and by changing Section 25 as follows:
|
| 11 | | (30 ILCS 105/5.826) |
| 12 | | Sec. 5.826. The Driver Services Administration Fund. |
| 13 | | (Source: P.A. 97-1157, eff. 11-28-13.)
|
| 14 | | (30 ILCS 105/5.827) |
| 15 | | Sec. 5.827. The Illinois State Museum Fund. |
| 16 | | (Source: P.A. 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
|
| 17 | | (30 ILCS 105/5.830) |
| 18 | | Sec. 5.830 5.826. The Chicago State University Education |
| 19 | | Improvement Fund. |
| 20 | | (Source: P.A. 98-18, eff. 6-7-13; revised 10-17-13.)
|
| 21 | | (30 ILCS 105/5.831) |
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| 1 | | Sec. 5.831 5.826. The Foreclosure Prevention Program |
| 2 | | Graduated Fund. |
| 3 | | (Source: P.A. 98-20, eff. 6-11-13; revised 10-17-13.)
|
| 4 | | (30 ILCS 105/5.832) |
| 5 | | Sec. 5.832 5.826. The Mines and Minerals Regulatory Fund. |
| 6 | | (Source: P.A. 98-22, eff. 6-17-13; revised 10-17-13.)
|
| 7 | | (30 ILCS 105/5.833) |
| 8 | | Sec. 5.833 5.826. The Gang Crime Witness Protection Program |
| 9 | | Fund. |
| 10 | | (Source: P.A. 98-58, eff. 7-8-13; revised 10-17-13.)
|
| 11 | | (30 ILCS 105/5.834) |
| 12 | | Sec. 5.834 5.826. The Mental Health Reporting Fund. |
| 13 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
|
| 14 | | (30 ILCS 105/5.835) |
| 15 | | Sec. 5.835 5.826. The National Wild Turkey Federation Fund. |
| 16 | | (Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
|
| 17 | | (30 ILCS 105/5.836) |
| 18 | | Sec. 5.836 5.826. The Medicaid Research and Education |
| 19 | | Support Fund. |
| 20 | | (Source: P.A. 98-104, eff. 7-22-13; revised 10-17-13.)
|
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| 1 | | (30 ILCS 105/5.837) |
| 2 | | Sec. 5.837 5.826. The South Suburban Airport Improvement |
| 3 | | Fund. |
| 4 | | (Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
|
| 5 | | (30 ILCS 105/5.838) |
| 6 | | Sec. 5.838 5.826. The Working Capital Revolving Loan Fund. |
| 7 | | (Source: P.A. 98-117, eff. 7-30-13; revised 10-17-13.)
|
| 8 | | (30 ILCS 105/5.839) |
| 9 | | Sec. 5.839 5.826. The Compassionate Use of Medical Cannabis |
| 10 | | Fund. |
| 11 | | (Source: P.A. 98-122, eff. 1-1-14; revised 10-17-13.)
|
| 12 | | (30 ILCS 105/5.840) |
| 13 | | Sec. 5.840 5.826. The Illinois Nurses Foundation Fund. |
| 14 | | (Source: P.A. 98-150, eff. 1-1-14; revised 10-17-13.)
|
| 15 | | (30 ILCS 105/5.841) |
| 16 | | Sec. 5.841 5.826. The American Red Cross Fund. |
| 17 | | (Source: P.A. 98-151, eff. 1-1-14; revised 10-17-13.)
|
| 18 | | (30 ILCS 105/5.842) |
| 19 | | Sec. 5.842 5.826. The Illinois Police Benevolent and |
| 20 | | Protective Association Fund. |
| 21 | | (Source: P.A. 98-233, eff. 1-1-14; revised 10-17-13.)
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| 1 | | (30 ILCS 105/5.843) |
| 2 | | Sec. 5.843 5.826. The Alzheimer's Awareness Fund. |
| 3 | | (Source: P.A. 98-259, eff. 1-1-14; revised 10-17-13.)
|
| 4 | | (30 ILCS 105/5.844) |
| 5 | | Sec. 5.844 5.826. The Supreme Court Special Purposes Fund. |
| 6 | | (Source: P.A. 98-324, eff. 10-1-13; revised 10-17-13.)
|
| 7 | | (30 ILCS 105/5.845) |
| 8 | | Sec. 5.845 5.826. The Access to Justice Fund. |
| 9 | | (Source: P.A. 98-351, eff. 8-15-13; revised 10-17-13.)
|
| 10 | | (30 ILCS 105/5.846) |
| 11 | | Sec. 5.846 5.826. The Illinois Police K-9 Memorial Fund. |
| 12 | | (Source: P.A. 98-360, eff. 1-1-14; revised 10-17-13.)
|
| 13 | | (30 ILCS 105/5.847) |
| 14 | | Sec. 5.847 5.826. The Public Safety Diver Fund. |
| 15 | | (Source: P.A. 98-376, eff. 1-1-14; revised 10-17-13.)
|
| 16 | | (30 ILCS 105/5.848) |
| 17 | | Sec. 5.848 5.826. The Committed to a Cure Fund. |
| 18 | | (Source: P.A. 98-382, eff. 1-1-14; revised 10-17-13.)
|
| 19 | | (30 ILCS 105/5.849) |
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| 1 | | Sec. 5.849 5.826. The Illinois Sheriffs' Association |
| 2 | | Scholarship and Training Fund. |
| 3 | | (Source: P.A. 98-395, eff. 1-1-14; revised 10-17-13.)
|
| 4 | | (30 ILCS 105/5.850) |
| 5 | | Sec. 5.850 5.826. The Illinois State Police Memorial Park |
| 6 | | Fund. |
| 7 | | (Source: P.A. 98-469, eff. 8-16-13; revised 10-17-13.)
|
| 8 | | (30 ILCS 105/5.851) |
| 9 | | Sec. 5.851 5.826. The Amusement Ride and Patron Safety |
| 10 | | Fund. |
| 11 | | (Source: P.A. 98-541, eff. 8-23-13; revised 10-17-13.)
|
| 12 | | (30 ILCS 105/5.852) |
| 13 | | Sec. 5.852 5.827. The State Police Firearm Services Fund.
|
| 14 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
|
| 15 | | (30 ILCS 105/5.853) |
| 16 | | Sec. 5.853 5.827. The Curing Childhood Cancer Fund. |
| 17 | | (Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
|
| 18 | | (30 ILCS 105/5.854) |
| 19 | | Sec. 5.854 5.827. The South Suburban Brownfields |
| 20 | | Redevelopment Fund. |
| 21 | | (Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
|
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| 1 | | (30 ILCS 105/5i) |
| 2 | | Sec. 5i. Transfers. Each year, the Governor's Office of |
| 3 | | Management and Budget shall, at the time set forth for the |
| 4 | | submission of the State budget under Section 50-5 of the State |
| 5 | | Budget Law, provide to the Chairperson and the Minority |
| 6 | | Spokesperson of each of the appropriations
committees of the |
| 7 | | House of Representatives and the Senate a report of (i) all |
| 8 | | full fiscal year transfers from State general funds to any |
| 9 | | other special fund of the State in the previous fiscal year and |
| 10 | | during the current fiscal year to date, and (ii) all projected |
| 11 | | full fiscal year transfers from State general funds to those |
| 12 | | funds for the remainder of the current fiscal year and the next |
| 13 | | fiscal year, based on estimates prepared by the Governor's |
| 14 | | Office of Management and Budget. The report shall include a |
| 15 | | detailed summary of the estimates upon which the projected |
| 16 | | transfers are based. The report shall also indicate, for each |
| 17 | | transfer: |
| 18 | | (1) whether or not there is statutory authority for the |
| 19 | | transfer; |
| 20 | | (2) if there is statutory authority for the transfer, |
| 21 | | whether that statutory authority exists for the next fiscal |
| 22 | | year; and |
| 23 | | (3) whether there is debt service associated with the |
| 24 | | transfer. |
| 25 | | The General Assembly shall consider the report in the |
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| 1 | | appropriations process.
|
| 2 | | (Source: P.A. 98-24, eff. 6-19-13.)
|
| 3 | | (30 ILCS 105/5j) |
| 4 | | Sec. 5j 5i. Closure of State mental health facilities or |
| 5 | | developmental disabilities facilities. Consistent with the |
| 6 | | provisions of Sections 4.4 and 4.5 of the Community Services |
| 7 | | Act, whenever a State mental health facility operated by the |
| 8 | | Department of Human Services or a State developmental |
| 9 | | disabilities facility operated by the Department of Human |
| 10 | | Services is closed, the Department of Human Services, at the |
| 11 | | direction of the Governor, shall transfer funds from the closed |
| 12 | | facility to the appropriate line item providing appropriation |
| 13 | | authority for the new venue of care to facilitate the |
| 14 | | transition of services to the new venue of care, provided that |
| 15 | | the new venue of care is a Department of Human Services funded |
| 16 | | provider or facility. |
| 17 | | As used in this Section, the terms "mental health facility" |
| 18 | | and "developmental disabilities facility" have the meanings |
| 19 | | ascribed to those terms in the Mental Health and Developmental |
| 20 | | Disabilities Code.
|
| 21 | | (Source: P.A. 98-403, eff. 1-1-14; revised 10-17-13.)
|
| 22 | | (30 ILCS 105/6z-98) |
| 23 | | Sec. 6z-98. The Chicago State University Education |
| 24 | | Improvement Fund. The Chicago State University Education |
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| 1 | | Improvement Fund is hereby created as a special fund in the |
| 2 | | State treasury. The moneys deposited into the Fund shall be |
| 3 | | used by Chicago State University, subject to appropriation, for |
| 4 | | expenses incurred by the University. All interest earned on |
| 5 | | moneys in the Fund shall remain in the Fund.
|
| 6 | | (Source: P.A. 98-18, eff. 6-7-13.)
|
| 7 | | (30 ILCS 105/6z-99) |
| 8 | | Sec. 6z-99 6z-98. The Mental Health Reporting Fund. |
| 9 | | (a) There is created in the State treasury a special fund |
| 10 | | known as the Mental Health Reporting Fund. The Fund shall |
| 11 | | receive revenue under the Firearm Concealed Carry Act. The Fund |
| 12 | | may also receive revenue from grants, pass-through grants, |
| 13 | | donations, appropriations, and any other legal source. |
| 14 | | (b) The Department of State Police and Department of Human |
| 15 | | Services shall coordinate to use moneys in the Fund to finance |
| 16 | | their respective duties of collecting and reporting data on |
| 17 | | mental health records and ensuring that mental health firearm |
| 18 | | possession prohibitors are enforced as set forth under the |
| 19 | | Firearm Concealed Carry Act and the Firearm Owners |
| 20 | | Identification Card Act. Any surplus in the Fund beyond what is |
| 21 | | necessary to ensure compliance with mental health reporting |
| 22 | | under these Acts shall be used by the Department of Human |
| 23 | | Services for mental health treatment programs. |
| 24 | | (c) Investment income that is attributable to the |
| 25 | | investment of moneys in the Fund shall be retained in the Fund |
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| 1 | | for the uses specified in this Section.
|
| 2 | | (Source: P.A. 98-63, eff. 7-9-13; revised 7-19-13.)
|
| 3 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
|
| 4 | | Sec. 25. Fiscal year limitations.
|
| 5 | | (a) All appropriations shall be
available for expenditure |
| 6 | | for the fiscal year or for a lesser period if the
Act making |
| 7 | | that appropriation so specifies. A deficiency or emergency
|
| 8 | | appropriation shall be available for expenditure only through |
| 9 | | June 30 of
the year when the Act making that appropriation is |
| 10 | | enacted unless that Act
otherwise provides.
|
| 11 | | (b) Outstanding liabilities as of June 30, payable from |
| 12 | | appropriations
which have otherwise expired, may be paid out of |
| 13 | | the expiring
appropriations during the 2-month period ending at |
| 14 | | the
close of business on August 31. Any service involving
|
| 15 | | professional or artistic skills or any personal services by an |
| 16 | | employee whose
compensation is subject to income tax |
| 17 | | withholding must be performed as of June
30 of the fiscal year |
| 18 | | in order to be considered an "outstanding liability as of
June |
| 19 | | 30" that is thereby eligible for payment out of the expiring
|
| 20 | | appropriation.
|
| 21 | | (b-1) However, payment of tuition reimbursement claims |
| 22 | | under Section 14-7.03 or
18-3 of the School Code may be made by |
| 23 | | the State Board of Education from its
appropriations for those |
| 24 | | respective purposes for any fiscal year, even though
the claims |
| 25 | | reimbursed by the payment may be claims attributable to a prior
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| 1 | | fiscal year, and payments may be made at the direction of the |
| 2 | | State
Superintendent of Education from the fund from which the |
| 3 | | appropriation is made
without regard to any fiscal year |
| 4 | | limitations, except as required by subsection (j) of this |
| 5 | | Section. Beginning on June 30, 2021, payment of tuition |
| 6 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
| 7 | | School Code as of June 30, payable from appropriations that |
| 8 | | have otherwise expired, may be paid out of the expiring |
| 9 | | appropriation during the 4-month period ending at the close of |
| 10 | | business on October 31.
|
| 11 | | (b-2) All outstanding liabilities as of June 30, 2010, |
| 12 | | payable from appropriations that would otherwise expire at the |
| 13 | | conclusion of the lapse period for fiscal year 2010, and |
| 14 | | interest penalties payable on those liabilities under the State |
| 15 | | Prompt Payment Act, may be paid out of the expiring |
| 16 | | appropriations until December 31, 2010, without regard to the |
| 17 | | fiscal year in which the payment is made, as long as vouchers |
| 18 | | for the liabilities are received by the Comptroller no later |
| 19 | | than August 31, 2010. |
| 20 | | (b-2.5) All outstanding liabilities as of June 30, 2011, |
| 21 | | payable from appropriations that would otherwise expire at the |
| 22 | | conclusion of the lapse period for fiscal year 2011, and |
| 23 | | interest penalties payable on those liabilities under the State |
| 24 | | Prompt Payment Act, may be paid out of the expiring |
| 25 | | appropriations until December 31, 2011, without regard to the |
| 26 | | fiscal year in which the payment is made, as long as vouchers |
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| 1 | | for the liabilities are received by the Comptroller no later |
| 2 | | than August 31, 2011. |
| 3 | | (b-2.6) All outstanding liabilities as of June 30, 2012, |
| 4 | | payable from appropriations that would otherwise expire at the |
| 5 | | conclusion of the lapse period for fiscal year 2012, and |
| 6 | | interest penalties payable on those liabilities under the State |
| 7 | | Prompt Payment Act, may be paid out of the expiring |
| 8 | | appropriations until December 31, 2012, without regard to the |
| 9 | | fiscal year in which the payment is made, as long as vouchers |
| 10 | | for the liabilities are received by the Comptroller no later |
| 11 | | than August 31, 2012. |
| 12 | | (b-2.7) For fiscal years 2012, 2013, and 2014, interest |
| 13 | | penalties payable under the State Prompt Payment Act associated |
| 14 | | with a voucher for which payment is issued after June 30 may be |
| 15 | | paid out of the next fiscal year's appropriation. The future |
| 16 | | year appropriation must be for the same purpose and from the |
| 17 | | same fund as the original payment. An interest penalty voucher |
| 18 | | submitted against a future year appropriation must be submitted |
| 19 | | within 60 days after the issuance of the associated voucher, |
| 20 | | and the Comptroller must issue the interest payment within 60 |
| 21 | | days after acceptance of the interest voucher. |
| 22 | | (b-3) Medical payments may be made by the Department of |
| 23 | | Veterans' Affairs from
its
appropriations for those purposes |
| 24 | | for any fiscal year, without regard to the
fact that the |
| 25 | | medical services being compensated for by such payment may have
|
| 26 | | been rendered in a prior fiscal year, except as required by |
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| 1 | | subsection (j) of this Section. Beginning on June 30, 2021, |
| 2 | | medical payments payable from appropriations that have |
| 3 | | otherwise expired may be paid out of the expiring appropriation |
| 4 | | during the 4-month period ending at the close of business on |
| 5 | | October 31.
|
| 6 | | (b-4) Medical payments and child care
payments may be made |
| 7 | | by the Department of
Human Services (as successor to the |
| 8 | | Department of Public Aid) from
appropriations for those |
| 9 | | purposes for any fiscal year,
without regard to the fact that |
| 10 | | the medical or child care services being
compensated for by |
| 11 | | such payment may have been rendered in a prior fiscal
year; and |
| 12 | | payments may be made at the direction of the Department of
|
| 13 | | Healthcare and Family Services (or successor agency) from the |
| 14 | | Health Insurance Reserve Fund without regard to any fiscal
year |
| 15 | | limitations, except as required by subsection (j) of this |
| 16 | | Section. Beginning on June 30, 2021, medical and child care |
| 17 | | payments made by the Department of Human Services and payments |
| 18 | | made at the discretion of the Department of Healthcare and |
| 19 | | Family Services (or successor agency) from the Health Insurance |
| 20 | | Reserve Fund and payable from appropriations that have |
| 21 | | otherwise expired may be paid out of the expiring appropriation |
| 22 | | during the 4-month period ending at the close of business on |
| 23 | | October 31.
|
| 24 | | (b-5) Medical payments may be made by the Department of |
| 25 | | Human Services from its appropriations relating to substance |
| 26 | | abuse treatment services for any fiscal year, without regard to |
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| 1 | | the fact that the medical services being compensated for by |
| 2 | | such payment may have been rendered in a prior fiscal year, |
| 3 | | provided the payments are made on a fee-for-service basis |
| 4 | | consistent with requirements established for Medicaid |
| 5 | | reimbursement by the Department of Healthcare and Family |
| 6 | | Services, except as required by subsection (j) of this Section. |
| 7 | | Beginning on June 30, 2021, medical payments made by the |
| 8 | | Department of Human Services relating to substance abuse |
| 9 | | treatment services payable from appropriations that have |
| 10 | | otherwise expired may be paid out of the expiring appropriation |
| 11 | | during the 4-month period ending at the close of business on |
| 12 | | October 31. |
| 13 | | (b-6) Additionally, payments may be made by the Department |
| 14 | | of Human Services from
its appropriations, or any other State |
| 15 | | agency from its appropriations with
the approval of the |
| 16 | | Department of Human Services, from the Immigration Reform
and |
| 17 | | Control Fund for purposes authorized pursuant to the |
| 18 | | Immigration Reform
and Control Act of 1986, without regard to |
| 19 | | any fiscal year limitations, except as required by subsection |
| 20 | | (j) of this Section. Beginning on June 30, 2021, payments made |
| 21 | | by the Department of Human Services from the Immigration Reform |
| 22 | | and Control Fund for purposes authorized pursuant to the |
| 23 | | Immigration Reform and Control Act of 1986 payable from |
| 24 | | appropriations that have otherwise expired may be paid out of |
| 25 | | the expiring appropriation during the 4-month period ending at |
| 26 | | the close of business on October 31.
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| 1 | | (b-7) Payments may be made in accordance with a plan |
| 2 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
| 3 | | Department of Central Management Services Law from |
| 4 | | appropriations for those payments without regard to fiscal year |
| 5 | | limitations. |
| 6 | | (b-8) Reimbursements to eligible airport sponsors for the |
| 7 | | construction or upgrading of Automated Weather Observation |
| 8 | | Systems may be made by the Department of Transportation from |
| 9 | | appropriations for those purposes for any fiscal year, without |
| 10 | | regard to the fact that the qualification or obligation may |
| 11 | | have occurred in a prior fiscal year, provided that at the time |
| 12 | | the expenditure was made the project had been approved by the |
| 13 | | Department of Transportation prior to June 1, 2012 and, as a |
| 14 | | result of recent changes in federal funding formulas, can no |
| 15 | | longer receive federal reimbursement. |
| 16 | | (b-9) Medical payments not exceeding $150,000,000 may be |
| 17 | | made by the Department on Aging from its appropriations |
| 18 | | relating to the Community Care Program for fiscal year 2014, |
| 19 | | without regard to the fact that the medical services being |
| 20 | | compensated for by such payment may have been rendered in a |
| 21 | | prior fiscal year, provided the payments are made on a |
| 22 | | fee-for-service basis consistent with requirements established |
| 23 | | for Medicaid reimbursement by the Department of Healthcare and |
| 24 | | Family Services, except as required by subsection (j) of this |
| 25 | | Section. |
| 26 | | (c) Further, payments may be made by the Department of |
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| 1 | | Public Health and the
Department of Human Services (acting as |
| 2 | | successor to the Department of Public
Health under the |
| 3 | | Department of Human Services Act)
from their respective |
| 4 | | appropriations for grants for medical care to or on
behalf of |
| 5 | | premature and high-mortality risk infants and their mothers and
|
| 6 | | for grants for supplemental food supplies provided under the |
| 7 | | United States
Department of Agriculture Women, Infants and |
| 8 | | Children Nutrition Program,
for any fiscal year without regard |
| 9 | | to the fact that the services being
compensated for by such |
| 10 | | payment may have been rendered in a prior fiscal year, except |
| 11 | | as required by subsection (j) of this Section. Beginning on |
| 12 | | June 30, 2021, payments made by the Department of Public Health |
| 13 | | and the Department of Human Services from their respective |
| 14 | | appropriations for grants for medical care to or on behalf of |
| 15 | | premature and high-mortality risk infants and their mothers and |
| 16 | | for grants for supplemental food supplies provided under the |
| 17 | | United States Department of Agriculture Women, Infants and |
| 18 | | Children Nutrition Program payable from appropriations that |
| 19 | | have otherwise expired may be paid out of the expiring |
| 20 | | appropriations during the 4-month period ending at the close of |
| 21 | | business on October 31.
|
| 22 | | (d) The Department of Public Health and the Department of |
| 23 | | Human Services
(acting as successor to the Department of Public |
| 24 | | Health under the Department of
Human Services Act) shall each |
| 25 | | annually submit to the State Comptroller, Senate
President, |
| 26 | | Senate
Minority Leader, Speaker of the House, House Minority |
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| 1 | | Leader, and the
respective Chairmen and Minority Spokesmen of |
| 2 | | the
Appropriations Committees of the Senate and the House, on |
| 3 | | or before
December 31, a report of fiscal year funds used to |
| 4 | | pay for services
provided in any prior fiscal year. This report |
| 5 | | shall document by program or
service category those |
| 6 | | expenditures from the most recently completed fiscal
year used |
| 7 | | to pay for services provided in prior fiscal years.
|
| 8 | | (e) The Department of Healthcare and Family Services, the |
| 9 | | Department of Human Services
(acting as successor to the |
| 10 | | Department of Public Aid), and the Department of Human Services |
| 11 | | making fee-for-service payments relating to substance abuse |
| 12 | | treatment services provided during a previous fiscal year shall |
| 13 | | each annually
submit to the State
Comptroller, Senate |
| 14 | | President, Senate Minority Leader, Speaker of the House,
House |
| 15 | | Minority Leader, the respective Chairmen and Minority |
| 16 | | Spokesmen of the
Appropriations Committees of the Senate and |
| 17 | | the House, on or before November
30, a report that shall |
| 18 | | document by program or service category those
expenditures from |
| 19 | | the most recently completed fiscal year used to pay for (i)
|
| 20 | | services provided in prior fiscal years and (ii) services for |
| 21 | | which claims were
received in prior fiscal years.
|
| 22 | | (f) The Department of Human Services (as successor to the |
| 23 | | Department of
Public Aid) shall annually submit to the State
|
| 24 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
| 25 | | of the House,
House Minority Leader, and the respective |
| 26 | | Chairmen and Minority Spokesmen of
the Appropriations |
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| 1 | | Committees of the Senate and the House, on or before
December |
| 2 | | 31, a report
of fiscal year funds used to pay for services |
| 3 | | (other than medical care)
provided in any prior fiscal year. |
| 4 | | This report shall document by program or
service category those |
| 5 | | expenditures from the most recently completed fiscal
year used |
| 6 | | to pay for services provided in prior fiscal years.
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| 7 | | (g) In addition, each annual report required to be |
| 8 | | submitted by the
Department of Healthcare and Family Services |
| 9 | | under subsection (e) shall include the following
information |
| 10 | | with respect to the State's Medicaid program:
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| 11 | | (1) Explanations of the exact causes of the variance |
| 12 | | between the previous
year's estimated and actual |
| 13 | | liabilities.
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| 14 | | (2) Factors affecting the Department of Healthcare and |
| 15 | | Family Services' liabilities,
including but not limited to |
| 16 | | numbers of aid recipients, levels of medical
service |
| 17 | | utilization by aid recipients, and inflation in the cost of |
| 18 | | medical
services.
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| 19 | | (3) The results of the Department's efforts to combat |
| 20 | | fraud and abuse.
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| 21 | | (h) As provided in Section 4 of the General Assembly |
| 22 | | Compensation Act,
any utility bill for service provided to a |
| 23 | | General Assembly
member's district office for a period |
| 24 | | including portions of 2 consecutive
fiscal years may be paid |
| 25 | | from funds appropriated for such expenditure in
either fiscal |
| 26 | | year.
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| 1 | | (i) An agency which administers a fund classified by the |
| 2 | | Comptroller as an
internal service fund may issue rules for:
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| 3 | | (1) billing user agencies in advance for payments or |
| 4 | | authorized inter-fund transfers
based on estimated charges |
| 5 | | for goods or services;
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| 6 | | (2) issuing credits, refunding through inter-fund |
| 7 | | transfers, or reducing future inter-fund transfers
during
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| 8 | | the subsequent fiscal year for all user agency payments or |
| 9 | | authorized inter-fund transfers received during the
prior |
| 10 | | fiscal year which were in excess of the final amounts owed |
| 11 | | by the user
agency for that period; and
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| 12 | | (3) issuing catch-up billings to user agencies
during |
| 13 | | the subsequent fiscal year for amounts remaining due when |
| 14 | | payments or authorized inter-fund transfers
received from |
| 15 | | the user agency during the prior fiscal year were less than |
| 16 | | the
total amount owed for that period.
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| 17 | | User agencies are authorized to reimburse internal service |
| 18 | | funds for catch-up
billings by vouchers drawn against their |
| 19 | | respective appropriations for the
fiscal year in which the |
| 20 | | catch-up billing was issued or by increasing an authorized |
| 21 | | inter-fund transfer during the current fiscal year. For the |
| 22 | | purposes of this Act, "inter-fund transfers" means transfers |
| 23 | | without the use of the voucher-warrant process, as authorized |
| 24 | | by Section 9.01 of the State Comptroller Act.
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| 25 | | (i-1) Beginning on July 1, 2021, all outstanding |
| 26 | | liabilities, not payable during the 4-month lapse period as |
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| 1 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and |
| 2 | | (c) of this Section, that are made from appropriations for that |
| 3 | | purpose for any fiscal year, without regard to the fact that |
| 4 | | the services being compensated for by those payments may have |
| 5 | | been rendered in a prior fiscal year, are limited to only those |
| 6 | | claims that have been incurred but for which a proper bill or |
| 7 | | invoice as defined by the State Prompt Payment Act has not been |
| 8 | | received by September 30th following the end of the fiscal year |
| 9 | | in which the service was rendered. |
| 10 | | (j) Notwithstanding any other provision of this Act, the |
| 11 | | aggregate amount of payments to be made without regard for |
| 12 | | fiscal year limitations as contained in subsections (b-1), |
| 13 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and |
| 14 | | determined by using Generally Accepted Accounting Principles, |
| 15 | | shall not exceed the following amounts: |
| 16 | | (1) $6,000,000,000 for outstanding liabilities related |
| 17 | | to fiscal year 2012; |
| 18 | | (2) $5,300,000,000 for outstanding liabilities related |
| 19 | | to fiscal year 2013; |
| 20 | | (3) $4,600,000,000 for outstanding liabilities related |
| 21 | | to fiscal year 2014; |
| 22 | | (4) $4,000,000,000 for outstanding liabilities related |
| 23 | | to fiscal year 2015; |
| 24 | | (5) $3,300,000,000 for outstanding liabilities related |
| 25 | | to fiscal year 2016; |
| 26 | | (6) $2,600,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2017; |
| 2 | | (7) $2,000,000,000 for outstanding liabilities related |
| 3 | | to fiscal year 2018; |
| 4 | | (8) $1,300,000,000 for outstanding liabilities related |
| 5 | | to fiscal year 2019; |
| 6 | | (9) $600,000,000 for outstanding liabilities related |
| 7 | | to fiscal year 2020; and |
| 8 | | (10) $0 for outstanding liabilities related to fiscal |
| 9 | | year 2021 and fiscal years thereafter. |
| 10 | | (k) Department of Healthcare and Family Services Medical |
| 11 | | Assistance Payments. |
| 12 | | (1) Definition of Medical Assistance. |
| 13 | | For purposes of this subsection, the term "Medical |
| 14 | | Assistance" shall include, but not necessarily be |
| 15 | | limited to, medical programs and services authorized |
| 16 | | under Titles XIX and XXI of the Social Security Act, |
| 17 | | the Illinois Public Aid Code, the Children's Health |
| 18 | | Insurance Program Act, the Covering ALL KIDS Health |
| 19 | | Insurance Act, the Long Term Acute Care Hospital |
| 20 | | Quality Improvement Transfer Program Act, and medical |
| 21 | | care to or on behalf of persons suffering from chronic |
| 22 | | renal disease, persons suffering from hemophilia, and |
| 23 | | victims of sexual assault. |
| 24 | | (2) Limitations on Medical Assistance payments that |
| 25 | | may be paid from future fiscal year appropriations. |
| 26 | | (A) The maximum amounts of annual unpaid Medical |
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| 1 | | Assistance bills received and recorded by the |
| 2 | | Department of Healthcare and Family Services on or |
| 3 | | before June 30th of a particular fiscal year |
| 4 | | attributable in aggregate to the General Revenue Fund, |
| 5 | | Healthcare Provider Relief Fund, Tobacco Settlement |
| 6 | | Recovery Fund, Long-Term Care Provider Fund, and the |
| 7 | | Drug Rebate Fund that may be paid in total by the |
| 8 | | Department from future fiscal year Medical Assistance |
| 9 | | appropriations to those funds are:
$700,000,000 for |
| 10 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
| 11 | | and each fiscal year thereafter. |
| 12 | | (B) Bills for Medical Assistance services rendered |
| 13 | | in a particular fiscal year, but received and recorded |
| 14 | | by the Department of Healthcare and Family Services |
| 15 | | after June 30th of that fiscal year, may be paid from |
| 16 | | either appropriations for that fiscal year or future |
| 17 | | fiscal year appropriations for Medical Assistance. |
| 18 | | Such payments shall not be subject to the requirements |
| 19 | | of subparagraph (A). |
| 20 | | (C) Medical Assistance bills received by the |
| 21 | | Department of Healthcare and Family Services in a |
| 22 | | particular fiscal year, but subject to payment amount |
| 23 | | adjustments in a future fiscal year may be paid from a |
| 24 | | future fiscal year's appropriation for Medical |
| 25 | | Assistance. Such payments shall not be subject to the |
| 26 | | requirements of subparagraph (A). |
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| 1 | | (D) Medical Assistance payments made by the |
| 2 | | Department of Healthcare and Family Services from |
| 3 | | funds other than those specifically referenced in |
| 4 | | subparagraph (A) may be made from appropriations for |
| 5 | | those purposes for any fiscal year without regard to |
| 6 | | the fact that the Medical Assistance services being |
| 7 | | compensated for by such payment may have been rendered |
| 8 | | in a prior fiscal year. Such payments shall not be |
| 9 | | subject to the requirements of subparagraph (A). |
| 10 | | (3) Extended lapse period for Department of Healthcare |
| 11 | | and Family Services Medical Assistance payments. |
| 12 | | Notwithstanding any other State law to the contrary, |
| 13 | | outstanding Department of Healthcare and Family Services |
| 14 | | Medical Assistance liabilities, as of June 30th, payable |
| 15 | | from appropriations which have otherwise expired, may be |
| 16 | | paid out of the expiring appropriations during the 6-month |
| 17 | | period ending at the close of business on December 31st. |
| 18 | | (l) The changes to this Section made by Public Act 97-691 |
| 19 | | shall be effective for payment of Medical Assistance bills |
| 20 | | incurred in fiscal year 2013 and future fiscal years. The |
| 21 | | changes to this Section made by Public Act 97-691 shall not be |
| 22 | | applied to Medical Assistance bills incurred in fiscal year |
| 23 | | 2012 or prior fiscal years. |
| 24 | | (m) The Comptroller must issue payments against |
| 25 | | outstanding liabilities that were received prior to the lapse |
| 26 | | period deadlines set forth in this Section as soon thereafter |
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| 1 | | as practical, but no payment may be issued after the 4 months |
| 2 | | following the lapse period deadline without the signed |
| 3 | | authorization of the Comptroller and the Governor. |
| 4 | | (Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11; |
| 5 | | 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff. |
| 6 | | 8-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff. |
| 7 | | 8-9-13; 98-463, eff. 8-16-13; revised 9-9-13.)
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| 8 | | Section 155. The Public Funds Investment Act is amended by |
| 9 | | changing Sections 2 and 6.5 as follows:
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| 10 | | (30 ILCS 235/2) (from Ch. 85, par. 902)
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| 11 | | Sec. 2. Authorized investments.
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| 12 | | (a) Any public agency may invest any public funds as |
| 13 | | follows:
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| 14 | | (1) in bonds, notes, certificates of indebtedness, |
| 15 | | treasury bills or
other securities now or hereafter issued, |
| 16 | | which are guaranteed by the full
faith and credit of the |
| 17 | | United States of America as to principal and interest;
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| 18 | | (2) in bonds, notes, debentures, or other similar |
| 19 | | obligations of the
United States of America, its agencies, |
| 20 | | and its instrumentalities;
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| 21 | | (3) in interest-bearing savings accounts, |
| 22 | | interest-bearing
certificates of deposit or |
| 23 | | interest-bearing time deposits or any other
investments |
| 24 | | constituting direct obligations of any bank as defined by |
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| 1 | | the
Illinois Banking Act;
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| 2 | | (4) in short term obligations of corporations
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| 3 | | organized in the United States with assets exceeding |
| 4 | | $500,000,000 if (i)
such obligations are rated at the time |
| 5 | | of purchase at one of the 3 highest
classifications |
| 6 | | established by at least 2 standard rating services and
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| 7 | | which mature not later than 270 days from the date of |
| 8 | | purchase, (ii)
such purchases do not exceed 10% of the |
| 9 | | corporation's outstanding
obligations and (iii) no more |
| 10 | | than one-third of the public agency's funds
may be invested |
| 11 | | in short term obligations of corporations; or
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| 12 | | (5) in money market mutual funds registered under the |
| 13 | | Investment
Company Act of 1940, provided that the portfolio |
| 14 | | of any such money market
mutual fund is limited to |
| 15 | | obligations described in paragraph (1) or (2) of this
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| 16 | | subsection and to agreements to repurchase such |
| 17 | | obligations.
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| 18 | | (a-1) In addition to any other investments authorized under |
| 19 | | this Act, a
municipality, park district, forest preserve |
| 20 | | district, conservation district, county, or other governmental |
| 21 | | unit may invest its public funds in interest bearing bonds of |
| 22 | | any
county, township, city, village, incorporated town, |
| 23 | | municipal corporation, or
school district, of the State of |
| 24 | | Illinois, of any other state, or of
any political subdivision |
| 25 | | or
agency of the State of Illinois or of any other state, |
| 26 | | whether the interest
earned thereon is taxable or tax-exempt |
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| 1 | | under federal law. The bonds shall
be registered in the name of |
| 2 | | the municipality, park district, forest preserve district, |
| 3 | | conservation district, county, or other governmental unit, or |
| 4 | | held under a custodial agreement at a bank. The bonds shall be |
| 5 | | rated at the
time of purchase within the 4 highest general |
| 6 | | classifications established by a
rating service of nationally |
| 7 | | recognized expertise in rating bonds of states and
their |
| 8 | | political subdivisions.
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| 9 | | (b) Investments may be made only in banks which are insured |
| 10 | | by the
Federal Deposit Insurance Corporation. Any public agency |
| 11 | | may invest any
public funds in short term discount obligations |
| 12 | | of the Federal National
Mortgage Association or in shares or |
| 13 | | other forms of securities legally
issuable by savings banks or |
| 14 | | savings and loan associations incorporated under
the laws of |
| 15 | | this State or any other state or under the laws of the United
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| 16 | | States. Investments may be made only in those savings banks or |
| 17 | | savings and
loan associations the shares, or investment |
| 18 | | certificates of which are insured
by the Federal Deposit |
| 19 | | Insurance Corporation. Any such securities may be
purchased at |
| 20 | | the offering or market price thereof at the time of such
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| 21 | | purchase. All such securities so purchased shall mature or be |
| 22 | | redeemable on
a date or dates prior to the time when, in the |
| 23 | | judgment of
such governing authority, the public funds so |
| 24 | | invested will be required
for expenditure by such public agency |
| 25 | | or its governing authority. The
expressed judgment of any such |
| 26 | | governing authority as to the time when
any public funds will |
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| 1 | | be required for expenditure or be redeemable is
final and |
| 2 | | conclusive. Any public agency may invest any public funds in
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| 3 | | dividend-bearing share accounts, share certificate accounts or |
| 4 | | class of
share accounts of a credit union chartered under the |
| 5 | | laws of this State
or the laws of the United States; provided, |
| 6 | | however, the principal office
of any such credit union must be |
| 7 | | located within the State of Illinois.
Investments may be made |
| 8 | | only in those credit unions the accounts of which
are insured |
| 9 | | by applicable law.
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| 10 | | (c) For purposes of this Section, the term "agencies of the |
| 11 | | United States
of America" includes: (i) the federal land banks, |
| 12 | | federal intermediate
credit banks, banks for cooperative, |
| 13 | | federal farm credit banks, or any other
entity authorized to |
| 14 | | issue debt obligations under the Farm Credit Act of
1971 (12 |
| 15 | | U.S.C. 2001 et seq.) and Acts amendatory thereto; (ii) the |
| 16 | | federal
home loan banks and the federal home loan mortgage |
| 17 | | corporation; and (iii)
any other agency created by Act of |
| 18 | | Congress.
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| 19 | | (d) Except for pecuniary interests permitted under |
| 20 | | subsection (f) of
Section 3-14-4 of the Illinois Municipal Code |
| 21 | | or under Section 3.2 of
the Public Officer Prohibited Practices |
| 22 | | Act, no person acting as treasurer
or financial officer or who |
| 23 | | is employed in any similar capacity by or for a
public agency |
| 24 | | may do any of the following:
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| 25 | | (1) have any interest, directly or indirectly, in any |
| 26 | | investments in
which the agency is authorized to invest.
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| 1 | | (2) have any interest, directly or indirectly, in the |
| 2 | | sellers,
sponsors, or managers of those investments.
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| 3 | | (3) receive, in any manner, compensation of any kind |
| 4 | | from any
investments in which the agency is authorized to |
| 5 | | invest.
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| 6 | | (e) Any public agency may also invest any public funds in a |
| 7 | | Public
Treasurers' Investment Pool created under Section 17 of |
| 8 | | the State Treasurer
Act. Any public agency may also invest any |
| 9 | | public funds in a fund managed,
operated, and administered by a |
| 10 | | bank, subsidiary of a bank, or
subsidiary of a bank holding |
| 11 | | company or use the services of such an entity to
hold and |
| 12 | | invest or advise regarding the investment of any public funds.
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| 13 | | (f) To the extent a public agency has custody of funds not |
| 14 | | owned by it or
another public agency and does not otherwise |
| 15 | | have authority to invest
such funds, the public agency may |
| 16 | | invest such funds as if they were its
own. Such funds must be |
| 17 | | released to the appropriate person at the
earliest reasonable |
| 18 | | time, but in no case exceeding 31 days, after the
private |
| 19 | | person becomes entitled to the receipt of them. All earnings
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| 20 | | accruing on any investments or deposits made pursuant to the |
| 21 | | provisions
of this Act shall be credited to the public agency |
| 22 | | by or for which such
investments or deposits were made, except |
| 23 | | as provided otherwise in Section
4.1 of the State Finance Act |
| 24 | | or the Local Governmental Tax Collection Act,
and except where |
| 25 | | by specific statutory provisions such earnings are
directed to |
| 26 | | be credited to and paid to a particular fund.
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| 1 | | (g) A public agency may purchase or invest in repurchase |
| 2 | | agreements of
government securities having the meaning set out |
| 3 | | in the Government
Securities Act of 1986, as now or hereafter |
| 4 | | amended or succeeded, subject to the provisions of said Act and |
| 5 | | the
regulations issued thereunder. The government securities, |
| 6 | | unless
registered or inscribed in the name of the public |
| 7 | | agency, shall be
purchased through banks or trust companies |
| 8 | | authorized to do business in the
State of Illinois.
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| 9 | | (h) Except for repurchase agreements of government |
| 10 | | securities which are
subject to the Government Securities Act |
| 11 | | of 1986, as now or hereafter amended or succeeded, no public |
| 12 | | agency may
purchase or invest in instruments which constitute |
| 13 | | repurchase agreements,
and no financial institution may enter |
| 14 | | into such an agreement with or on
behalf of any public agency |
| 15 | | unless the instrument and the transaction meet
the following |
| 16 | | requirements:
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| 17 | | (1) The securities, unless registered or inscribed in |
| 18 | | the name of the
public agency, are purchased through banks |
| 19 | | or trust companies authorized to
do business in the State |
| 20 | | of Illinois.
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| 21 | | (2) An authorized public officer after ascertaining |
| 22 | | which firm will give
the most favorable rate of interest, |
| 23 | | directs the custodial bank to
"purchase" specified |
| 24 | | securities from a designated institution.
The "custodial |
| 25 | | bank" is the bank or trust company, or agency of
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| 26 | | government, which acts for the public agency in connection |
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| 1 | | with repurchase
agreements involving the investment of |
| 2 | | funds by the public agency. The
State Treasurer may act as |
| 3 | | custodial bank for public agencies executing
repurchase |
| 4 | | agreements. To the extent the Treasurer acts in this |
| 5 | | capacity,
he is hereby authorized to pass through to such |
| 6 | | public agencies any charges
assessed by the Federal Reserve |
| 7 | | Bank.
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| 8 | | (3) A custodial bank must be a member bank of the |
| 9 | | Federal Reserve System
or maintain accounts with member |
| 10 | | banks. All transfers of book-entry
securities must be |
| 11 | | accomplished on a Reserve Bank's computer records
through a |
| 12 | | member bank of the Federal Reserve System. These securities |
| 13 | | must
be credited to the public agency on the records of the |
| 14 | | custodial bank and
the transaction must be confirmed in |
| 15 | | writing to the public agency by
the custodial bank.
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| 16 | | (4) Trading partners shall be limited to banks or trust |
| 17 | | companies
authorized to do business in the State of |
| 18 | | Illinois or to registered primary
reporting dealers.
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| 19 | | (5) The security interest must be perfected.
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| 20 | | (6) The public agency enters into a written master |
| 21 | | repurchase agreement
which outlines the basic |
| 22 | | responsibilities and liabilities of both buyer and
seller.
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| 23 | | (7) Agreements shall be for periods of 330 days or |
| 24 | | less.
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| 25 | | (8) The authorized public officer of the public agency |
| 26 | | informs the
custodial bank in writing of the maturity |
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| 1 | | details of the repurchase agreement.
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| 2 | | (9) The custodial bank must take delivery of and |
| 3 | | maintain the
securities in its custody for the account of |
| 4 | | the public agency and confirm
the transaction in writing to |
| 5 | | the public agency. The Custodial Undertaking
shall provide |
| 6 | | that the custodian takes possession of the securities
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| 7 | | exclusively for the public agency; that the securities are |
| 8 | | free of any
claims against the trading partner; and any |
| 9 | | claims by the custodian are
subordinate to the public |
| 10 | | agency's claims to rights to those securities.
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| 11 | | (10) The obligations purchased by a public agency may |
| 12 | | only be sold or
presented for redemption or payment by the |
| 13 | | fiscal agent bank or trust
company holding the obligations |
| 14 | | upon the written instruction of the
public agency or |
| 15 | | officer authorized to make such investments.
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| 16 | | (11) The custodial bank shall be liable to the public |
| 17 | | agency for any
monetary loss suffered by the public agency |
| 18 | | due to the failure of the
custodial bank to take and |
| 19 | | maintain possession of such securities.
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| 20 | | (i) Notwithstanding the foregoing restrictions on |
| 21 | | investment in
instruments constituting repurchase agreements |
| 22 | | the Illinois Housing
Development Authority may invest in, and |
| 23 | | any financial institution with
capital of at least $250,000,000 |
| 24 | | may act as custodian for, instruments
that constitute |
| 25 | | repurchase agreements, provided that the Illinois Housing
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| 26 | | Development Authority, in making each such investment, |
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| 1 | | complies with the
safety and soundness guidelines for engaging |
| 2 | | in repurchase transactions
applicable to federally insured |
| 3 | | banks, savings banks, savings and loan
associations or other |
| 4 | | depository institutions as set forth in the Federal
Financial |
| 5 | | Institutions Examination Council Policy Statement Regarding
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| 6 | | Repurchase Agreements and any regulations issued, or which may |
| 7 | | be issued by the
supervisory federal authority pertaining |
| 8 | | thereto and any amendments thereto;
provided further that the |
| 9 | | securities shall be either (i) direct general
obligations of, |
| 10 | | or obligations the payment of the principal of and/or interest
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| 11 | | on which are unconditionally guaranteed by, the United States |
| 12 | | of America or
(ii) any obligations of any agency, corporation |
| 13 | | or subsidiary thereof
controlled or supervised by and acting as |
| 14 | | an instrumentality of the United
States Government pursuant to |
| 15 | | authority granted by the Congress of the United
States and |
| 16 | | provided further that the security interest must be perfected |
| 17 | | by
either the Illinois Housing Development Authority, its |
| 18 | | custodian or its agent
receiving possession of the securities |
| 19 | | either physically or transferred through
a nationally |
| 20 | | recognized book entry system.
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| 21 | | (j) In addition to all other investments authorized
under |
| 22 | | this Section, a community college district may
invest public |
| 23 | | funds in any mutual funds that
invest primarily in corporate |
| 24 | | investment grade or global government short term
bonds.
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| 25 | | Purchases of mutual funds that invest primarily in global |
| 26 | | government short
term bonds shall be limited to funds with |
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| 1 | | assets of at least $100 million and
that are rated at the time |
| 2 | | of purchase as one of the 10 highest classifications
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| 3 | | established by a recognized rating service. The investments |
| 4 | | shall be subject
to approval by the local community college |
| 5 | | board of trustees. Each community
college board of trustees |
| 6 | | shall develop a policy regarding the percentage of
the |
| 7 | | college's investment portfolio that can be invested in such |
| 8 | | funds.
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| 9 | | Nothing in this Section shall be construed to authorize an
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| 10 | | intergovernmental risk management entity to accept the deposit |
| 11 | | of public funds
except for risk management purposes.
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| 12 | | (Source: P.A. 97-129, eff. 7-14-11; 98-297, eff. 1-1-14; |
| 13 | | 98-390, eff. 8-16-13; revised 9-10-13.)
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| 14 | | (30 ILCS 235/6.5) |
| 15 | | Sec. 6.5. Federally insured deposits at Illinois financial |
| 16 | | institutions. |
| 17 | | (a) Notwithstanding any other provision of this Act or any |
| 18 | | other statute, whenever a public agency invests public funds in |
| 19 | | an interest-bearing savings account, interest-bearing |
| 20 | | certificate of deposit, or interest-bearing time deposit under |
| 21 | | Section 2 of this Act, the provisions of Section 6 of this Act |
| 22 | | and any other statutory requirements pertaining to the |
| 23 | | eligibility of a bank to receive or hold public deposits or to |
| 24 | | the pledging of collateral by a bank to secure public deposits |
| 25 | | do not apply to any bank receiving or holding all or part of |
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| 1 | | the invested public funds if (i) the public agency initiates |
| 2 | | the investment at or through a bank located in Illinois and |
| 3 | | (ii) the invested public funds are at all times time fully |
| 4 | | insured by an agency or instrumentality of the federal |
| 5 | | government. |
| 6 | | (b) Nothing in this Section is intended to: |
| 7 | | (1) prohibit a public agency from requiring the bank at |
| 8 | | or through which the investment of public funds is |
| 9 | | initiated to provide the public agency with the information |
| 10 | | otherwise required by subsection subsections (a), (b), or |
| 11 | | (c) of Section 6 of this Act as a condition of investing |
| 12 | | the public funds at or through that bank; or |
| 13 | | (2) permit a bank to receive or hold public deposits if |
| 14 | | that bank is prohibited from doing so by any rule, |
| 15 | | sanction, or order issued by a regulatory agency or by a |
| 16 | | court. |
| 17 | | (c) For purposes of this Section, the term "bank" includes |
| 18 | | any person doing a banking business whether subject to the laws |
| 19 | | of this or any other jurisdiction.
|
| 20 | | (Source: P.A. 93-756, eff. 7-16-04; revised 10-7-13.)
|
| 21 | | Section 160. The Illinois Procurement Code is amended by |
| 22 | | changing Section 1-10 as follows:
|
| 23 | | (30 ILCS 500/1-10)
|
| 24 | | Sec. 1-10. Application.
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| 1 | | (a) This Code applies only to procurements for which |
| 2 | | contractors were first
solicited on or after July 1, 1998. This |
| 3 | | Code shall not be construed to affect
or impair any contract, |
| 4 | | or any provision of a contract, entered into based on a
|
| 5 | | solicitation prior to the implementation date of this Code as |
| 6 | | described in
Article 99, including but not limited to any |
| 7 | | covenant entered into with respect
to any revenue bonds or |
| 8 | | similar instruments.
All procurements for which contracts are |
| 9 | | solicited between the effective date
of Articles 50 and 99 and |
| 10 | | July 1, 1998 shall be substantially in accordance
with this |
| 11 | | Code and its intent.
|
| 12 | | (b) This Code shall apply regardless of the source of the |
| 13 | | funds with which
the contracts are paid, including federal |
| 14 | | assistance moneys.
This Code shall
not apply to:
|
| 15 | | (1) Contracts between the State and its political |
| 16 | | subdivisions or other
governments, or between State |
| 17 | | governmental bodies except as specifically
provided in |
| 18 | | this Code.
|
| 19 | | (2) Grants, except for the filing requirements of |
| 20 | | Section 20-80.
|
| 21 | | (3) Purchase of care.
|
| 22 | | (4) Hiring of an individual as employee and not as an |
| 23 | | independent
contractor, whether pursuant to an employment |
| 24 | | code or policy or by contract
directly with that |
| 25 | | individual.
|
| 26 | | (5) Collective bargaining contracts.
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| 1 | | (6) Purchase of real estate, except that notice of this |
| 2 | | type of contract with a value of more than $25,000 must be |
| 3 | | published in the Procurement Bulletin within 7 days after |
| 4 | | the deed is recorded in the county of jurisdiction. The |
| 5 | | notice shall identify the real estate purchased, the names |
| 6 | | of all parties to the contract, the value of the contract, |
| 7 | | and the effective date of the contract.
|
| 8 | | (7) Contracts necessary to prepare for anticipated |
| 9 | | litigation, enforcement
actions, or investigations, |
| 10 | | provided
that the chief legal counsel to the Governor shall |
| 11 | | give his or her prior
approval when the procuring agency is |
| 12 | | one subject to the jurisdiction of the
Governor, and |
| 13 | | provided that the chief legal counsel of any other |
| 14 | | procuring
entity
subject to this Code shall give his or her |
| 15 | | prior approval when the procuring
entity is not one subject |
| 16 | | to the jurisdiction of the Governor.
|
| 17 | | (8) Contracts for
services to Northern Illinois |
| 18 | | University by a person, acting as
an independent |
| 19 | | contractor, who is qualified by education, experience, and
|
| 20 | | technical ability and is selected by negotiation for the |
| 21 | | purpose of providing
non-credit educational service |
| 22 | | activities or products by means of specialized
programs |
| 23 | | offered by the university.
|
| 24 | | (9) Procurement expenditures by the Illinois |
| 25 | | Conservation Foundation
when only private funds are used.
|
| 26 | | (10) Procurement expenditures by the Illinois Health |
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| 1 | | Information Exchange Authority involving private funds |
| 2 | | from the Health Information Exchange Fund. "Private funds" |
| 3 | | means gifts, donations, and private grants. |
| 4 | | (11) Public-private agreements entered into according |
| 5 | | to the procurement requirements of Section 20 of the |
| 6 | | Public-Private Partnerships for Transportation Act and |
| 7 | | design-build agreements entered into according to the |
| 8 | | procurement requirements of Section 25 of the |
| 9 | | Public-Private Partnerships for Transportation Act. |
| 10 | | (12) Contracts for legal, financial, and other |
| 11 | | professional and artistic services entered into on or |
| 12 | | before December 31, 2018 by the Illinois Finance Authority |
| 13 | | in which the State of Illinois is not obligated. Such |
| 14 | | contracts shall be awarded through a competitive process |
| 15 | | authorized by the Board of the Illinois Finance Authority |
| 16 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
| 17 | | 50-35, and 50-37 of this Code, as well as the final |
| 18 | | approval by the Board of the Illinois Finance Authority of |
| 19 | | the terms of the contract. |
| 20 | | Notwithstanding any other provision of law, contracts |
| 21 | | entered into under item (12) of this subsection (b) shall be |
| 22 | | published in the Procurement Bulletin within 14 days after |
| 23 | | contract execution. The chief procurement officer shall |
| 24 | | prescribe the form and content of the notice. The Illinois |
| 25 | | Finance Authority shall provide the chief procurement officer, |
| 26 | | on a monthly basis, in the form and content prescribed by the |
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| 1 | | chief procurement officer, a report of contracts that are |
| 2 | | related to the procurement of goods and services identified in |
| 3 | | item (12) of this subsection (b). At a minimum, this report |
| 4 | | shall include the name of the contractor, a description of the |
| 5 | | supply or service provided, the total amount of the contract, |
| 6 | | the term of the contract, and the exception to the Code |
| 7 | | utilized. A copy of each of these contracts shall be made |
| 8 | | available to the chief procurement officer immediately upon |
| 9 | | request. The chief procurement officer shall submit a report to |
| 10 | | the Governor and General Assembly no later than November 1 of |
| 11 | | each year that shall include, at a minimum, an annual summary |
| 12 | | of the monthly information reported to the chief procurement |
| 13 | | officer. |
| 14 | | (c) This Code does not apply to the electric power |
| 15 | | procurement process provided for under Section 1-75 of the |
| 16 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
| 17 | | Utilities Act. |
| 18 | | (d) Except for Section 20-160 and Article 50 of this Code, |
| 19 | | and as expressly required by Section 9.1 of the Illinois |
| 20 | | Lottery Law, the provisions of this Code do not apply to the |
| 21 | | procurement process provided for under Section 9.1 of the |
| 22 | | Illinois Lottery Law. |
| 23 | | (e) This Code does not apply to the process used by the |
| 24 | | Capital Development Board to retain a person or entity to |
| 25 | | assist the Capital Development Board with its duties related to |
| 26 | | the determination of costs of a clean coal SNG brownfield |
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| 1 | | facility, as defined by Section 1-10 of the Illinois Power |
| 2 | | Agency Act, as required in subsection (h-3) of Section 9-220 of |
| 3 | | the Public Utilities Act, including calculating the range of |
| 4 | | capital costs, the range of operating and maintenance costs, or |
| 5 | | the sequestration costs or monitoring the construction of clean |
| 6 | | coal SNG brownfield facility for the full duration of |
| 7 | | construction. |
| 8 | | (f) This Code does not apply to the process used by the |
| 9 | | Illinois Power Agency to retain a mediator to mediate sourcing |
| 10 | | agreement disputes between gas utilities and the clean coal SNG |
| 11 | | brownfield facility, as defined in Section 1-10 of the Illinois |
| 12 | | Power Agency Act, as required under subsection (h-1) of Section |
| 13 | | 9-220 of the Public Utilities Act. |
| 14 | | (g) This Code does not apply to the processes used by the |
| 15 | | Illinois Power Agency to retain a mediator to mediate contract |
| 16 | | disputes between gas utilities and the clean coal SNG facility |
| 17 | | and to retain an expert to assist in the review of contracts |
| 18 | | under subsection (h) of Section 9-220 of the Public Utilities |
| 19 | | Act. This Code does not apply to the process used by the |
| 20 | | Illinois Commerce Commission to retain an expert to assist in |
| 21 | | determining the actual incurred costs of the clean coal SNG |
| 22 | | facility and the reasonableness of those costs as required |
| 23 | | under subsection (h) of Section 9-220 of the Public Utilities |
| 24 | | Act. |
| 25 | | (h) This Code does not apply to the process to procure or |
| 26 | | contracts entered into in accordance with Sections 11-5.2 and |
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| 1 | | 11-5.3 of the Illinois Public Aid Code. |
| 2 | | (i) Each chief procurement officer may access records |
| 3 | | necessary to review whether a contract, purchase, or other |
| 4 | | expenditure is or is not subject to the provisions of this |
| 5 | | Code, unless such records would be subject to attorney-client |
| 6 | | privilege. |
| 7 | | (j) This Code does not apply to the process used by the |
| 8 | | Capital Development Board to retain an artist or work or works |
| 9 | | of art as required in Section 14 of the Capital Development |
| 10 | | Board Act. |
| 11 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, |
| 12 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; |
| 13 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; |
| 14 | | 98-572, eff. 1-1-14; revised 9-9-13.)
|
| 15 | | Section 165. The State Mandates Act is amended by changing |
| 16 | | Section 8.37 as follows:
|
| 17 | | (30 ILCS 805/8.37) |
| 18 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 |
| 19 | | of this Act, no reimbursement by the State is required for the |
| 20 | | implementation of any mandate created by Public Act 98-218, |
| 21 | | 98-389, 98-391, 98-427, 98-599, or 98-622 this amendatory Act |
| 22 | | of the 98th General Assembly.
|
| 23 | | (Source: P.A. 98-218, eff. 8-9-13; 98-389, eff. 8-16-13; |
| 24 | | 98-391, eff. 8-16-13; 98-427, eff. 8-16-13; 98-599, eff. |
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| 1 | | 6-1-14; 98-622, eff. 6-1-14; revised 1-15-14.)
|
| 2 | | Section 170. The Illinois Income Tax Act is amended by |
| 3 | | changing Sections 201 and 304 as follows:
|
| 4 | | (35 ILCS 5/201) (from Ch. 120, par. 2-201) |
| 5 | | Sec. 201. Tax Imposed. |
| 6 | | (a) In general. A tax measured by net income is hereby |
| 7 | | imposed on every
individual, corporation, trust and estate for |
| 8 | | each taxable year ending
after July 31, 1969 on the privilege |
| 9 | | of earning or receiving income in or
as a resident of this |
| 10 | | State. Such tax shall be in addition to all other
occupation or |
| 11 | | privilege taxes imposed by this State or by any municipal
|
| 12 | | corporation or political subdivision thereof. |
| 13 | | (b) Rates. The tax imposed by subsection (a) of this |
| 14 | | Section shall be
determined as follows, except as adjusted by |
| 15 | | subsection (d-1): |
| 16 | | (1) In the case of an individual, trust or estate, for |
| 17 | | taxable years
ending prior to July 1, 1989, an amount equal |
| 18 | | to 2 1/2% of the taxpayer's
net income for the taxable |
| 19 | | year. |
| 20 | | (2) In the case of an individual, trust or estate, for |
| 21 | | taxable years
beginning prior to July 1, 1989 and ending |
| 22 | | after June 30, 1989, an amount
equal to the sum of (i) 2 |
| 23 | | 1/2% of the taxpayer's net income for the period
prior to |
| 24 | | July 1, 1989, as calculated under Section 202.3, and (ii) |
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| 1 | | 3% of the
taxpayer's net income for the period after June |
| 2 | | 30, 1989, as calculated
under Section 202.3. |
| 3 | | (3) In the case of an individual, trust or estate, for |
| 4 | | taxable years
beginning after June 30, 1989, and ending |
| 5 | | prior to January 1, 2011, an amount equal to 3% of the |
| 6 | | taxpayer's net
income for the taxable year. |
| 7 | | (4) In the case of an individual, trust, or estate, for |
| 8 | | taxable years beginning prior to January 1, 2011, and |
| 9 | | ending after December 31, 2010, an amount equal to the sum |
| 10 | | of (i) 3% of the taxpayer's net income for the period prior |
| 11 | | to January 1, 2011, as calculated under Section 202.5, and |
| 12 | | (ii) 5% of the taxpayer's net income for the period after |
| 13 | | December 31, 2010, as calculated under Section 202.5. |
| 14 | | (5) In the case of an individual, trust, or estate, for |
| 15 | | taxable years beginning on or after January 1, 2011, and |
| 16 | | ending prior to January 1, 2015, an amount equal to 5% of |
| 17 | | the taxpayer's net income for the taxable year. |
| 18 | | (5.1) In the case of an individual, trust, or estate, |
| 19 | | for taxable years beginning prior to January 1, 2015, and |
| 20 | | ending after December 31, 2014, an amount equal to the sum |
| 21 | | of (i) 5% of the taxpayer's net income for the period prior |
| 22 | | to January 1, 2015, as calculated under Section 202.5, and |
| 23 | | (ii) 3.75% of the taxpayer's net income for the period |
| 24 | | after December 31, 2014, as calculated under Section 202.5. |
| 25 | | (5.2) In the case of an individual, trust, or estate, |
| 26 | | for taxable years beginning on or after January 1, 2015, |
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| 1 | | and ending prior to January 1, 2025, an amount equal to |
| 2 | | 3.75% of the taxpayer's net income for the taxable year. |
| 3 | | (5.3) In the case of an individual, trust, or estate, |
| 4 | | for taxable years beginning prior to January 1, 2025, and |
| 5 | | ending after December 31, 2024, an amount equal to the sum |
| 6 | | of (i) 3.75% of the taxpayer's net income for the period |
| 7 | | prior to January 1, 2025, as calculated under Section |
| 8 | | 202.5, and (ii) 3.25% of the taxpayer's net income for the |
| 9 | | period after December 31, 2024, as calculated under Section |
| 10 | | 202.5. |
| 11 | | (5.4) In the case of an individual, trust, or estate, |
| 12 | | for taxable years beginning on or after January 1, 2025, an |
| 13 | | amount equal to 3.25% of the taxpayer's net income for the |
| 14 | | taxable year. |
| 15 | | (6) In the case of a corporation, for taxable years
|
| 16 | | ending prior to July 1, 1989, an amount equal to 4% of the
|
| 17 | | taxpayer's net income for the taxable year. |
| 18 | | (7) In the case of a corporation, for taxable years |
| 19 | | beginning prior to
July 1, 1989 and ending after June 30, |
| 20 | | 1989, an amount equal to the sum of
(i) 4% of the |
| 21 | | taxpayer's net income for the period prior to July 1, 1989,
|
| 22 | | as calculated under Section 202.3, and (ii) 4.8% of the |
| 23 | | taxpayer's net
income for the period after June 30, 1989, |
| 24 | | as calculated under Section
202.3. |
| 25 | | (8) In the case of a corporation, for taxable years |
| 26 | | beginning after
June 30, 1989, and ending prior to January |
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| 1 | | 1, 2011, an amount equal to 4.8% of the taxpayer's net |
| 2 | | income for the
taxable year. |
| 3 | | (9) In the case of a corporation, for taxable years |
| 4 | | beginning prior to January 1, 2011, and ending after |
| 5 | | December 31, 2010, an amount equal to the sum of (i) 4.8% |
| 6 | | of the taxpayer's net income for the period prior to |
| 7 | | January 1, 2011, as calculated under Section 202.5, and |
| 8 | | (ii) 7% of the taxpayer's net income for the period after |
| 9 | | December 31, 2010, as calculated under Section 202.5. |
| 10 | | (10) In the case of a corporation, for taxable years |
| 11 | | beginning on or after January 1, 2011, and ending prior to |
| 12 | | January 1, 2015, an amount equal to 7% of the taxpayer's |
| 13 | | net income for the taxable year. |
| 14 | | (11) In the case of a corporation, for taxable years |
| 15 | | beginning prior to January 1, 2015, and ending after |
| 16 | | December 31, 2014, an amount equal to the sum of (i) 7% of |
| 17 | | the taxpayer's net income for the period prior to January |
| 18 | | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% |
| 19 | | of the taxpayer's net income for the period after December |
| 20 | | 31, 2014, as calculated under Section 202.5. |
| 21 | | (12) In the case of a corporation, for taxable years |
| 22 | | beginning on or after January 1, 2015, and ending prior to |
| 23 | | January 1, 2025, an amount equal to 5.25% of the taxpayer's |
| 24 | | net income for the taxable year. |
| 25 | | (13) In the case of a corporation, for taxable years |
| 26 | | beginning prior to January 1, 2025, and ending after |
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| 1 | | December 31, 2024, an amount equal to the sum of (i) 5.25% |
| 2 | | of the taxpayer's net income for the period prior to |
| 3 | | January 1, 2025, as calculated under Section 202.5, and |
| 4 | | (ii) 4.8% of the taxpayer's net income for the period after |
| 5 | | December 31, 2024, as calculated under Section 202.5. |
| 6 | | (14) In the case of a corporation, for taxable years |
| 7 | | beginning on or after January 1, 2025, an amount equal to |
| 8 | | 4.8% of the taxpayer's net income for the taxable year. |
| 9 | | The rates under this subsection (b) are subject to the |
| 10 | | provisions of Section 201.5. |
| 11 | | (c) Personal Property Tax Replacement Income Tax.
|
| 12 | | Beginning on July 1, 1979 and thereafter, in addition to such |
| 13 | | income
tax, there is also hereby imposed the Personal Property |
| 14 | | Tax Replacement
Income Tax measured by net income on every |
| 15 | | corporation (including Subchapter
S corporations), partnership |
| 16 | | and trust, for each taxable year ending after
June 30, 1979. |
| 17 | | Such taxes are imposed on the privilege of earning or
receiving |
| 18 | | income in or as a resident of this State. The Personal Property
|
| 19 | | Tax Replacement Income Tax shall be in addition to the income |
| 20 | | tax imposed
by subsections (a) and (b) of this Section and in |
| 21 | | addition to all other
occupation or privilege taxes imposed by |
| 22 | | this State or by any municipal
corporation or political |
| 23 | | subdivision thereof. |
| 24 | | (d) Additional Personal Property Tax Replacement Income |
| 25 | | Tax Rates.
The personal property tax replacement income tax |
| 26 | | imposed by this subsection
and subsection (c) of this Section |
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| 1 | | in the case of a corporation, other
than a Subchapter S |
| 2 | | corporation and except as adjusted by subsection (d-1),
shall |
| 3 | | be an additional amount equal to
2.85% of such taxpayer's net |
| 4 | | income for the taxable year, except that
beginning on January |
| 5 | | 1, 1981, and thereafter, the rate of 2.85% specified
in this |
| 6 | | subsection shall be reduced to 2.5%, and in the case of a
|
| 7 | | partnership, trust or a Subchapter S corporation shall be an |
| 8 | | additional
amount equal to 1.5% of such taxpayer's net income |
| 9 | | for the taxable year. |
| 10 | | (d-1) Rate reduction for certain foreign insurers. In the |
| 11 | | case of a
foreign insurer, as defined by Section 35A-5 of the |
| 12 | | Illinois Insurance Code,
whose state or country of domicile |
| 13 | | imposes on insurers domiciled in Illinois
a retaliatory tax |
| 14 | | (excluding any insurer
whose premiums from reinsurance assumed |
| 15 | | are 50% or more of its total insurance
premiums as determined |
| 16 | | under paragraph (2) of subsection (b) of Section 304,
except |
| 17 | | that for purposes of this determination premiums from |
| 18 | | reinsurance do
not include premiums from inter-affiliate |
| 19 | | reinsurance arrangements),
beginning with taxable years ending |
| 20 | | on or after December 31, 1999,
the sum of
the rates of tax |
| 21 | | imposed by subsections (b) and (d) shall be reduced (but not
|
| 22 | | increased) to the rate at which the total amount of tax imposed |
| 23 | | under this Act,
net of all credits allowed under this Act, |
| 24 | | shall equal (i) the total amount of
tax that would be imposed |
| 25 | | on the foreign insurer's net income allocable to
Illinois for |
| 26 | | the taxable year by such foreign insurer's state or country of
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| 1 | | domicile if that net income were subject to all income taxes |
| 2 | | and taxes
measured by net income imposed by such foreign |
| 3 | | insurer's state or country of
domicile, net of all credits |
| 4 | | allowed or (ii) a rate of zero if no such tax is
imposed on such |
| 5 | | income by the foreign insurer's state of domicile.
For the |
| 6 | | purposes of this subsection (d-1), an inter-affiliate includes |
| 7 | | a
mutual insurer under common management. |
| 8 | | (1) For the purposes of subsection (d-1), in no event |
| 9 | | shall the sum of the
rates of tax imposed by subsections |
| 10 | | (b) and (d) be reduced below the rate at
which the sum of: |
| 11 | | (A) the total amount of tax imposed on such foreign |
| 12 | | insurer under
this Act for a taxable year, net of all |
| 13 | | credits allowed under this Act, plus |
| 14 | | (B) the privilege tax imposed by Section 409 of the |
| 15 | | Illinois Insurance
Code, the fire insurance company |
| 16 | | tax imposed by Section 12 of the Fire
Investigation |
| 17 | | Act, and the fire department taxes imposed under |
| 18 | | Section 11-10-1
of the Illinois Municipal Code, |
| 19 | | equals 1.25% for taxable years ending prior to December 31, |
| 20 | | 2003, or
1.75% for taxable years ending on or after |
| 21 | | December 31, 2003, of the net
taxable premiums written for |
| 22 | | the taxable year,
as described by subsection (1) of Section |
| 23 | | 409 of the Illinois Insurance Code.
This paragraph will in |
| 24 | | no event increase the rates imposed under subsections
(b) |
| 25 | | and (d). |
| 26 | | (2) Any reduction in the rates of tax imposed by this |
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| 1 | | subsection shall be
applied first against the rates imposed |
| 2 | | by subsection (b) and only after the
tax imposed by |
| 3 | | subsection (a) net of all credits allowed under this |
| 4 | | Section
other than the credit allowed under subsection (i) |
| 5 | | has been reduced to zero,
against the rates imposed by |
| 6 | | subsection (d). |
| 7 | | This subsection (d-1) is exempt from the provisions of |
| 8 | | Section 250. |
| 9 | | (e) Investment credit. A taxpayer shall be allowed a credit
|
| 10 | | against the Personal Property Tax Replacement Income Tax for
|
| 11 | | investment in qualified property. |
| 12 | | (1) A taxpayer shall be allowed a credit equal to .5% |
| 13 | | of
the basis of qualified property placed in service during |
| 14 | | the taxable year,
provided such property is placed in |
| 15 | | service on or after
July 1, 1984. There shall be allowed an |
| 16 | | additional credit equal
to .5% of the basis of qualified |
| 17 | | property placed in service during the
taxable year, |
| 18 | | provided such property is placed in service on or
after |
| 19 | | July 1, 1986, and the taxpayer's base employment
within |
| 20 | | Illinois has increased by 1% or more over the preceding |
| 21 | | year as
determined by the taxpayer's employment records |
| 22 | | filed with the
Illinois Department of Employment Security. |
| 23 | | Taxpayers who are new to
Illinois shall be deemed to have |
| 24 | | met the 1% growth in base employment for
the first year in |
| 25 | | which they file employment records with the Illinois
|
| 26 | | Department of Employment Security. The provisions added to |
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| 1 | | this Section by
Public Act 85-1200 (and restored by Public |
| 2 | | Act 87-895) shall be
construed as declaratory of existing |
| 3 | | law and not as a new enactment. If,
in any year, the |
| 4 | | increase in base employment within Illinois over the
|
| 5 | | preceding year is less than 1%, the additional credit shall |
| 6 | | be limited to that
percentage times a fraction, the |
| 7 | | numerator of which is .5% and the denominator
of which is |
| 8 | | 1%, but shall not exceed .5%. The investment credit shall |
| 9 | | not be
allowed to the extent that it would reduce a |
| 10 | | taxpayer's liability in any tax
year below zero, nor may |
| 11 | | any credit for qualified property be allowed for any
year |
| 12 | | other than the year in which the property was placed in |
| 13 | | service in
Illinois. For tax years ending on or after |
| 14 | | December 31, 1987, and on or
before December 31, 1988, the |
| 15 | | credit shall be allowed for the tax year in
which the |
| 16 | | property is placed in service, or, if the amount of the |
| 17 | | credit
exceeds the tax liability for that year, whether it |
| 18 | | exceeds the original
liability or the liability as later |
| 19 | | amended, such excess may be carried
forward and applied to |
| 20 | | the tax liability of the 5 taxable years following
the |
| 21 | | excess credit years if the taxpayer (i) makes investments |
| 22 | | which cause
the creation of a minimum of 2,000 full-time |
| 23 | | equivalent jobs in Illinois,
(ii) is located in an |
| 24 | | enterprise zone established pursuant to the Illinois
|
| 25 | | Enterprise Zone Act and (iii) is certified by the |
| 26 | | Department of Commerce
and Community Affairs (now |
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| 1 | | Department of Commerce and Economic Opportunity) as |
| 2 | | complying with the requirements specified in
clause (i) and |
| 3 | | (ii) by July 1, 1986. The Department of Commerce and
|
| 4 | | Community Affairs (now Department of Commerce and Economic |
| 5 | | Opportunity) shall notify the Department of Revenue of all |
| 6 | | such
certifications immediately. For tax years ending |
| 7 | | after December 31, 1988,
the credit shall be allowed for |
| 8 | | the tax year in which the property is
placed in service, |
| 9 | | or, if the amount of the credit exceeds the tax
liability |
| 10 | | for that year, whether it exceeds the original liability or |
| 11 | | the
liability as later amended, such excess may be carried |
| 12 | | forward and applied
to the tax liability of the 5 taxable |
| 13 | | years following the excess credit
years. The credit shall |
| 14 | | be applied to the earliest year for which there is
a |
| 15 | | liability. If there is credit from more than one tax year |
| 16 | | that is
available to offset a liability, earlier credit |
| 17 | | shall be applied first. |
| 18 | | (2) The term "qualified property" means property |
| 19 | | which: |
| 20 | | (A) is tangible, whether new or used, including |
| 21 | | buildings and structural
components of buildings and |
| 22 | | signs that are real property, but not including
land or |
| 23 | | improvements to real property that are not a structural |
| 24 | | component of a
building such as landscaping, sewer |
| 25 | | lines, local access roads, fencing, parking
lots, and |
| 26 | | other appurtenances; |
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| 1 | | (B) is depreciable pursuant to Section 167 of the |
| 2 | | Internal Revenue Code,
except that "3-year property" |
| 3 | | as defined in Section 168(c)(2)(A) of that
Code is not |
| 4 | | eligible for the credit provided by this subsection |
| 5 | | (e); |
| 6 | | (C) is acquired by purchase as defined in Section |
| 7 | | 179(d) of
the Internal Revenue Code; |
| 8 | | (D) is used in Illinois by a taxpayer who is |
| 9 | | primarily engaged in
manufacturing, or in mining coal |
| 10 | | or fluorite, or in retailing, or was placed in service |
| 11 | | on or after July 1, 2006 in a River Edge Redevelopment |
| 12 | | Zone established pursuant to the River Edge |
| 13 | | Redevelopment Zone Act; and |
| 14 | | (E) has not previously been used in Illinois in |
| 15 | | such a manner and by
such a person as would qualify for |
| 16 | | the credit provided by this subsection
(e) or |
| 17 | | subsection (f). |
| 18 | | (3) For purposes of this subsection (e), |
| 19 | | "manufacturing" means
the material staging and production |
| 20 | | of tangible personal property by
procedures commonly |
| 21 | | regarded as manufacturing, processing, fabrication, or
|
| 22 | | assembling which changes some existing material into new |
| 23 | | shapes, new
qualities, or new combinations. For purposes of |
| 24 | | this subsection
(e) the term "mining" shall have the same |
| 25 | | meaning as the term "mining" in
Section 613(c) of the |
| 26 | | Internal Revenue Code. For purposes of this subsection
(e), |
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| 1 | | the term "retailing" means the sale of tangible personal |
| 2 | | property for use or consumption and not for resale, or
|
| 3 | | services rendered in conjunction with the sale of tangible |
| 4 | | personal property for use or consumption and not for |
| 5 | | resale. For purposes of this subsection (e), "tangible |
| 6 | | personal property" has the same meaning as when that term |
| 7 | | is used in the Retailers' Occupation Tax Act, and, for |
| 8 | | taxable years ending after December 31, 2008, does not |
| 9 | | include the generation, transmission, or distribution of |
| 10 | | electricity. |
| 11 | | (4) The basis of qualified property shall be the basis
|
| 12 | | used to compute the depreciation deduction for federal |
| 13 | | income tax purposes. |
| 14 | | (5) If the basis of the property for federal income tax |
| 15 | | depreciation
purposes is increased after it has been placed |
| 16 | | in service in Illinois by
the taxpayer, the amount of such |
| 17 | | increase shall be deemed property placed
in service on the |
| 18 | | date of such increase in basis. |
| 19 | | (6) The term "placed in service" shall have the same
|
| 20 | | meaning as under Section 46 of the Internal Revenue Code. |
| 21 | | (7) If during any taxable year, any property ceases to
|
| 22 | | be qualified property in the hands of the taxpayer within |
| 23 | | 48 months after
being placed in service, or the situs of |
| 24 | | any qualified property is
moved outside Illinois within 48 |
| 25 | | months after being placed in service, the
Personal Property |
| 26 | | Tax Replacement Income Tax for such taxable year shall be
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| 1 | | increased. Such increase shall be determined by (i) |
| 2 | | recomputing the
investment credit which would have been |
| 3 | | allowed for the year in which
credit for such property was |
| 4 | | originally allowed by eliminating such
property from such |
| 5 | | computation and, (ii) subtracting such recomputed credit
|
| 6 | | from the amount of credit previously allowed. For the |
| 7 | | purposes of this
paragraph (7), a reduction of the basis of |
| 8 | | qualified property resulting
from a redetermination of the |
| 9 | | purchase price shall be deemed a disposition
of qualified |
| 10 | | property to the extent of such reduction. |
| 11 | | (8) Unless the investment credit is extended by law, |
| 12 | | the
basis of qualified property shall not include costs |
| 13 | | incurred after
December 31, 2018, except for costs incurred |
| 14 | | pursuant to a binding
contract entered into on or before |
| 15 | | December 31, 2018. |
| 16 | | (9) Each taxable year ending before December 31, 2000, |
| 17 | | a partnership may
elect to pass through to its
partners the |
| 18 | | credits to which the partnership is entitled under this |
| 19 | | subsection
(e) for the taxable year. A partner may use the |
| 20 | | credit allocated to him or her
under this paragraph only |
| 21 | | against the tax imposed in subsections (c) and (d) of
this |
| 22 | | Section. If the partnership makes that election, those |
| 23 | | credits shall be
allocated among the partners in the |
| 24 | | partnership in accordance with the rules
set forth in |
| 25 | | Section 704(b) of the Internal Revenue Code, and the rules
|
| 26 | | promulgated under that Section, and the allocated amount of |
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| 1 | | the credits shall
be allowed to the partners for that |
| 2 | | taxable year. The partnership shall make
this election on |
| 3 | | its Personal Property Tax Replacement Income Tax return for
|
| 4 | | that taxable year. The election to pass through the credits |
| 5 | | shall be
irrevocable. |
| 6 | | For taxable years ending on or after December 31, 2000, |
| 7 | | a
partner that qualifies its
partnership for a subtraction |
| 8 | | under subparagraph (I) of paragraph (2) of
subsection (d) |
| 9 | | of Section 203 or a shareholder that qualifies a Subchapter |
| 10 | | S
corporation for a subtraction under subparagraph (S) of |
| 11 | | paragraph (2) of
subsection (b) of Section 203 shall be |
| 12 | | allowed a credit under this subsection
(e) equal to its |
| 13 | | share of the credit earned under this subsection (e) during
|
| 14 | | the taxable year by the partnership or Subchapter S |
| 15 | | corporation, determined in
accordance with the |
| 16 | | determination of income and distributive share of
income |
| 17 | | under Sections 702 and 704 and Subchapter S of the Internal |
| 18 | | Revenue
Code. This paragraph is exempt from the provisions |
| 19 | | of Section 250. |
| 20 | | (f) Investment credit; Enterprise Zone; River Edge |
| 21 | | Redevelopment Zone. |
| 22 | | (1) A taxpayer shall be allowed a credit against the |
| 23 | | tax imposed
by subsections (a) and (b) of this Section for |
| 24 | | investment in qualified
property which is placed in service |
| 25 | | in an Enterprise Zone created
pursuant to the Illinois |
| 26 | | Enterprise Zone Act or, for property placed in service on |
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| 1 | | or after July 1, 2006, a River Edge Redevelopment Zone |
| 2 | | established pursuant to the River Edge Redevelopment Zone |
| 3 | | Act. For partners, shareholders
of Subchapter S |
| 4 | | corporations, and owners of limited liability companies,
|
| 5 | | if the liability company is treated as a partnership for |
| 6 | | purposes of
federal and State income taxation, there shall |
| 7 | | be allowed a credit under
this subsection (f) to be |
| 8 | | determined in accordance with the determination
of income |
| 9 | | and distributive share of income under Sections 702 and 704 |
| 10 | | and
Subchapter S of the Internal Revenue Code. The credit |
| 11 | | shall be .5% of the
basis for such property. The credit |
| 12 | | shall be available only in the taxable
year in which the |
| 13 | | property is placed in service in the Enterprise Zone or |
| 14 | | River Edge Redevelopment Zone and
shall not be allowed to |
| 15 | | the extent that it would reduce a taxpayer's
liability for |
| 16 | | the tax imposed by subsections (a) and (b) of this Section |
| 17 | | to
below zero. For tax years ending on or after December |
| 18 | | 31, 1985, the credit
shall be allowed for the tax year in |
| 19 | | which the property is placed in
service, or, if the amount |
| 20 | | of the credit exceeds the tax liability for that
year, |
| 21 | | whether it exceeds the original liability or the liability |
| 22 | | as later
amended, such excess may be carried forward and |
| 23 | | applied to the tax
liability of the 5 taxable years |
| 24 | | following the excess credit year.
The credit shall be |
| 25 | | applied to the earliest year for which there is a
|
| 26 | | liability. If there is credit from more than one tax year |
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| 1 | | that is available
to offset a liability, the credit |
| 2 | | accruing first in time shall be applied
first. |
| 3 | | (2) The term qualified property means property which: |
| 4 | | (A) is tangible, whether new or used, including |
| 5 | | buildings and
structural components of buildings; |
| 6 | | (B) is depreciable pursuant to Section 167 of the |
| 7 | | Internal Revenue
Code, except that "3-year property" |
| 8 | | as defined in Section 168(c)(2)(A) of
that Code is not |
| 9 | | eligible for the credit provided by this subsection |
| 10 | | (f); |
| 11 | | (C) is acquired by purchase as defined in Section |
| 12 | | 179(d) of
the Internal Revenue Code; |
| 13 | | (D) is used in the Enterprise Zone or River Edge |
| 14 | | Redevelopment Zone by the taxpayer; and |
| 15 | | (E) has not been previously used in Illinois in |
| 16 | | such a manner and by
such a person as would qualify for |
| 17 | | the credit provided by this subsection
(f) or |
| 18 | | subsection (e). |
| 19 | | (3) The basis of qualified property shall be the basis |
| 20 | | used to compute
the depreciation deduction for federal |
| 21 | | income tax purposes. |
| 22 | | (4) If the basis of the property for federal income tax |
| 23 | | depreciation
purposes is increased after it has been placed |
| 24 | | in service in the Enterprise
Zone or River Edge |
| 25 | | Redevelopment Zone by the taxpayer, the amount of such |
| 26 | | increase shall be deemed property
placed in service on the |
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| 1 | | date of such increase in basis. |
| 2 | | (5) The term "placed in service" shall have the same |
| 3 | | meaning as under
Section 46 of the Internal Revenue Code. |
| 4 | | (6) If during any taxable year, any property ceases to |
| 5 | | be qualified
property in the hands of the taxpayer within |
| 6 | | 48 months after being placed
in service, or the situs of |
| 7 | | any qualified property is moved outside the
Enterprise Zone |
| 8 | | or River Edge Redevelopment Zone within 48 months after |
| 9 | | being placed in service, the tax
imposed under subsections |
| 10 | | (a) and (b) of this Section for such taxable year
shall be |
| 11 | | increased. Such increase shall be determined by (i) |
| 12 | | recomputing
the investment credit which would have been |
| 13 | | allowed for the year in which
credit for such property was |
| 14 | | originally allowed by eliminating such
property from such |
| 15 | | computation, and (ii) subtracting such recomputed credit
|
| 16 | | from the amount of credit previously allowed. For the |
| 17 | | purposes of this
paragraph (6), a reduction of the basis of |
| 18 | | qualified property resulting
from a redetermination of the |
| 19 | | purchase price shall be deemed a disposition
of qualified |
| 20 | | property to the extent of such reduction. |
| 21 | | (7) There shall be allowed an additional credit equal |
| 22 | | to 0.5% of the basis of qualified property placed in |
| 23 | | service during the taxable year in a River Edge |
| 24 | | Redevelopment Zone, provided such property is placed in |
| 25 | | service on or after July 1, 2006, and the taxpayer's base |
| 26 | | employment within Illinois has increased by 1% or more over |
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| 1 | | the preceding year as determined by the taxpayer's |
| 2 | | employment records filed with the Illinois Department of |
| 3 | | Employment Security. Taxpayers who are new to Illinois |
| 4 | | shall be deemed to have met the 1% growth in base |
| 5 | | employment for the first year in which they file employment |
| 6 | | records with the Illinois Department of Employment |
| 7 | | Security. If, in any year, the increase in base employment |
| 8 | | within Illinois over the preceding year is less than 1%, |
| 9 | | the additional credit shall be limited to that percentage |
| 10 | | times a fraction, the numerator of which is 0.5% and the |
| 11 | | denominator of which is 1%, but shall not exceed 0.5%.
|
| 12 | | (g) (Blank). |
| 13 | | (h) Investment credit; High Impact Business. |
| 14 | | (1) Subject to subsections (b) and (b-5) of Section
5.5 |
| 15 | | of the Illinois Enterprise Zone Act, a taxpayer shall be |
| 16 | | allowed a credit
against the tax imposed by subsections (a) |
| 17 | | and (b) of this Section for
investment in qualified
|
| 18 | | property which is placed in service by a Department of |
| 19 | | Commerce and Economic Opportunity
designated High Impact |
| 20 | | Business. The credit shall be .5% of the basis
for such |
| 21 | | property. The credit shall not be available (i) until the |
| 22 | | minimum
investments in qualified property set forth in |
| 23 | | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
|
| 24 | | Enterprise Zone Act have been satisfied
or (ii) until the |
| 25 | | time authorized in subsection (b-5) of the Illinois
|
| 26 | | Enterprise Zone Act for entities designated as High Impact |
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| 1 | | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and |
| 2 | | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone |
| 3 | | Act, and shall not be allowed to the extent that it would
|
| 4 | | reduce a taxpayer's liability for the tax imposed by |
| 5 | | subsections (a) and (b) of
this Section to below zero. The |
| 6 | | credit applicable to such investments shall be
taken in the |
| 7 | | taxable year in which such investments have been completed. |
| 8 | | The
credit for additional investments beyond the minimum |
| 9 | | investment by a designated
high impact business authorized |
| 10 | | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois |
| 11 | | Enterprise Zone Act shall be available only in the taxable |
| 12 | | year in
which the property is placed in service and shall |
| 13 | | not be allowed to the extent
that it would reduce a |
| 14 | | taxpayer's liability for the tax imposed by subsections
(a) |
| 15 | | and (b) of this Section to below zero.
For tax years ending |
| 16 | | on or after December 31, 1987, the credit shall be
allowed |
| 17 | | for the tax year in which the property is placed in |
| 18 | | service, or, if
the amount of the credit exceeds the tax |
| 19 | | liability for that year, whether
it exceeds the original |
| 20 | | liability or the liability as later amended, such
excess |
| 21 | | may be carried forward and applied to the tax liability of |
| 22 | | the 5
taxable years following the excess credit year. The |
| 23 | | credit shall be
applied to the earliest year for which |
| 24 | | there is a liability. If there is
credit from more than one |
| 25 | | tax year that is available to offset a liability,
the |
| 26 | | credit accruing first in time shall be applied first. |
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| 1 | | Changes made in this subdivision (h)(1) by Public Act |
| 2 | | 88-670
restore changes made by Public Act 85-1182 and |
| 3 | | reflect existing law. |
| 4 | | (2) The term qualified property means property which: |
| 5 | | (A) is tangible, whether new or used, including |
| 6 | | buildings and
structural components of buildings; |
| 7 | | (B) is depreciable pursuant to Section 167 of the |
| 8 | | Internal Revenue
Code, except that "3-year property" |
| 9 | | as defined in Section 168(c)(2)(A) of
that Code is not |
| 10 | | eligible for the credit provided by this subsection |
| 11 | | (h); |
| 12 | | (C) is acquired by purchase as defined in Section |
| 13 | | 179(d) of the
Internal Revenue Code; and |
| 14 | | (D) is not eligible for the Enterprise Zone |
| 15 | | Investment Credit provided
by subsection (f) of this |
| 16 | | Section. |
| 17 | | (3) The basis of qualified property shall be the basis |
| 18 | | used to compute
the depreciation deduction for federal |
| 19 | | income tax purposes. |
| 20 | | (4) If the basis of the property for federal income tax |
| 21 | | depreciation
purposes is increased after it has been placed |
| 22 | | in service in a federally
designated Foreign Trade Zone or |
| 23 | | Sub-Zone located in Illinois by the taxpayer,
the amount of |
| 24 | | such increase shall be deemed property placed in service on
|
| 25 | | the date of such increase in basis. |
| 26 | | (5) The term "placed in service" shall have the same |
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| 1 | | meaning as under
Section 46 of the Internal Revenue Code. |
| 2 | | (6) If during any taxable year ending on or before |
| 3 | | December 31, 1996,
any property ceases to be qualified
|
| 4 | | property in the hands of the taxpayer within 48 months |
| 5 | | after being placed
in service, or the situs of any |
| 6 | | qualified property is moved outside
Illinois within 48 |
| 7 | | months after being placed in service, the tax imposed
under |
| 8 | | subsections (a) and (b) of this Section for such taxable |
| 9 | | year shall
be increased. Such increase shall be determined |
| 10 | | by (i) recomputing the
investment credit which would have |
| 11 | | been allowed for the year in which
credit for such property |
| 12 | | was originally allowed by eliminating such
property from |
| 13 | | such computation, and (ii) subtracting such recomputed |
| 14 | | credit
from the amount of credit previously allowed. For |
| 15 | | the purposes of this
paragraph (6), a reduction of the |
| 16 | | basis of qualified property resulting
from a |
| 17 | | redetermination of the purchase price shall be deemed a |
| 18 | | disposition
of qualified property to the extent of such |
| 19 | | reduction. |
| 20 | | (7) Beginning with tax years ending after December 31, |
| 21 | | 1996, if a
taxpayer qualifies for the credit under this |
| 22 | | subsection (h) and thereby is
granted a tax abatement and |
| 23 | | the taxpayer relocates its entire facility in
violation of |
| 24 | | the explicit terms and length of the contract under Section
|
| 25 | | 18-183 of the Property Tax Code, the tax imposed under |
| 26 | | subsections
(a) and (b) of this Section shall be increased |
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| 1 | | for the taxable year
in which the taxpayer relocated its |
| 2 | | facility by an amount equal to the
amount of credit |
| 3 | | received by the taxpayer under this subsection (h). |
| 4 | | (i) Credit for Personal Property Tax Replacement Income |
| 5 | | Tax.
For tax years ending prior to December 31, 2003, a credit |
| 6 | | shall be allowed
against the tax imposed by
subsections (a) and |
| 7 | | (b) of this Section for the tax imposed by subsections (c)
and |
| 8 | | (d) of this Section. This credit shall be computed by |
| 9 | | multiplying the tax
imposed by subsections (c) and (d) of this |
| 10 | | Section by a fraction, the numerator
of which is base income |
| 11 | | allocable to Illinois and the denominator of which is
Illinois |
| 12 | | base income, and further multiplying the product by the tax |
| 13 | | rate
imposed by subsections (a) and (b) of this Section. |
| 14 | | Any credit earned on or after December 31, 1986 under
this |
| 15 | | subsection which is unused in the year
the credit is computed |
| 16 | | because it exceeds the tax liability imposed by
subsections (a) |
| 17 | | and (b) for that year (whether it exceeds the original
|
| 18 | | liability or the liability as later amended) may be carried |
| 19 | | forward and
applied to the tax liability imposed by subsections |
| 20 | | (a) and (b) of the 5
taxable years following the excess credit |
| 21 | | year, provided that no credit may
be carried forward to any |
| 22 | | year ending on or
after December 31, 2003. This credit shall be
|
| 23 | | applied first to the earliest year for which there is a |
| 24 | | liability. If
there is a credit under this subsection from more |
| 25 | | than one tax year that is
available to offset a liability the |
| 26 | | earliest credit arising under this
subsection shall be applied |
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| 1 | | first. |
| 2 | | If, during any taxable year ending on or after December 31, |
| 3 | | 1986, the
tax imposed by subsections (c) and (d) of this |
| 4 | | Section for which a taxpayer
has claimed a credit under this |
| 5 | | subsection (i) is reduced, the amount of
credit for such tax |
| 6 | | shall also be reduced. Such reduction shall be
determined by |
| 7 | | recomputing the credit to take into account the reduced tax
|
| 8 | | imposed by subsections (c) and (d). If any portion of the
|
| 9 | | reduced amount of credit has been carried to a different |
| 10 | | taxable year, an
amended return shall be filed for such taxable |
| 11 | | year to reduce the amount of
credit claimed. |
| 12 | | (j) Training expense credit. Beginning with tax years |
| 13 | | ending on or
after December 31, 1986 and prior to December 31, |
| 14 | | 2003, a taxpayer shall be
allowed a credit against the
tax |
| 15 | | imposed by subsections (a) and (b) under this Section
for all |
| 16 | | amounts paid or accrued, on behalf of all persons
employed by |
| 17 | | the taxpayer in Illinois or Illinois residents employed
outside |
| 18 | | of Illinois by a taxpayer, for educational or vocational |
| 19 | | training in
semi-technical or technical fields or semi-skilled |
| 20 | | or skilled fields, which
were deducted from gross income in the |
| 21 | | computation of taxable income. The
credit against the tax |
| 22 | | imposed by subsections (a) and (b) shall be 1.6% of
such |
| 23 | | training expenses. For partners, shareholders of subchapter S
|
| 24 | | corporations, and owners of limited liability companies, if the |
| 25 | | liability
company is treated as a partnership for purposes of |
| 26 | | federal and State income
taxation, there shall be allowed a |
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| 1 | | credit under this subsection (j) to be
determined in accordance |
| 2 | | with the determination of income and distributive
share of |
| 3 | | income under Sections 702 and 704 and subchapter S of the |
| 4 | | Internal
Revenue Code. |
| 5 | | Any credit allowed under this subsection which is unused in |
| 6 | | the year
the credit is earned may be carried forward to each of |
| 7 | | the 5 taxable
years following the year for which the credit is |
| 8 | | first computed until it is
used. This credit shall be applied |
| 9 | | first to the earliest year for which
there is a liability. If |
| 10 | | there is a credit under this subsection from more
than one tax |
| 11 | | year that is available to offset a liability the earliest
|
| 12 | | credit arising under this subsection shall be applied first. No |
| 13 | | carryforward
credit may be claimed in any tax year ending on or |
| 14 | | after
December 31, 2003. |
| 15 | | (k) Research and development credit. For tax years ending |
| 16 | | after July 1, 1990 and prior to
December 31, 2003, and |
| 17 | | beginning again for tax years ending on or after December 31, |
| 18 | | 2004, and ending prior to January 1, 2016, a taxpayer shall be
|
| 19 | | allowed a credit against the tax imposed by subsections (a) and |
| 20 | | (b) of this
Section for increasing research activities in this |
| 21 | | State. The credit
allowed against the tax imposed by |
| 22 | | subsections (a) and (b) shall be equal
to 6 1/2% of the |
| 23 | | qualifying expenditures for increasing research activities
in |
| 24 | | this State. For partners, shareholders of subchapter S |
| 25 | | corporations, and
owners of limited liability companies, if the |
| 26 | | liability company is treated as a
partnership for purposes of |
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| 1 | | federal and State income taxation, there shall be
allowed a |
| 2 | | credit under this subsection to be determined in accordance |
| 3 | | with the
determination of income and distributive share of |
| 4 | | income under Sections 702 and
704 and subchapter S of the |
| 5 | | Internal Revenue Code. |
| 6 | | For purposes of this subsection, "qualifying expenditures" |
| 7 | | means the
qualifying expenditures as defined for the federal |
| 8 | | credit for increasing
research activities which would be |
| 9 | | allowable under Section 41 of the
Internal Revenue Code and |
| 10 | | which are conducted in this State, "qualifying
expenditures for |
| 11 | | increasing research activities in this State" means the
excess |
| 12 | | of qualifying expenditures for the taxable year in which |
| 13 | | incurred
over qualifying expenditures for the base period, |
| 14 | | "qualifying expenditures
for the base period" means the average |
| 15 | | of the qualifying expenditures for
each year in the base |
| 16 | | period, and "base period" means the 3 taxable years
immediately |
| 17 | | preceding the taxable year for which the determination is
being |
| 18 | | made. |
| 19 | | Any credit in excess of the tax liability for the taxable |
| 20 | | year
may be carried forward. A taxpayer may elect to have the
|
| 21 | | unused credit shown on its final completed return carried over |
| 22 | | as a credit
against the tax liability for the following 5 |
| 23 | | taxable years or until it has
been fully used, whichever occurs |
| 24 | | first; provided that no credit earned in a tax year ending |
| 25 | | prior to December 31, 2003 may be carried forward to any year |
| 26 | | ending on or after December 31, 2003. |
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| 1 | | If an unused credit is carried forward to a given year from |
| 2 | | 2 or more
earlier years, that credit arising in the earliest |
| 3 | | year will be applied
first against the tax liability for the |
| 4 | | given year. If a tax liability for
the given year still |
| 5 | | remains, the credit from the next earliest year will
then be |
| 6 | | applied, and so on, until all credits have been used or no tax
|
| 7 | | liability for the given year remains. Any remaining unused |
| 8 | | credit or
credits then will be carried forward to the next |
| 9 | | following year in which a
tax liability is incurred, except |
| 10 | | that no credit can be carried forward to
a year which is more |
| 11 | | than 5 years after the year in which the expense for
which the |
| 12 | | credit is given was incurred. |
| 13 | | No inference shall be drawn from this amendatory Act of the |
| 14 | | 91st General
Assembly in construing this Section for taxable |
| 15 | | years beginning before January
1, 1999. |
| 16 | | (l) Environmental Remediation Tax Credit. |
| 17 | | (i) For tax years ending after December 31, 1997 and on |
| 18 | | or before
December 31, 2001, a taxpayer shall be allowed a |
| 19 | | credit against the tax
imposed by subsections (a) and (b) |
| 20 | | of this Section for certain amounts paid
for unreimbursed |
| 21 | | eligible remediation costs, as specified in this |
| 22 | | subsection.
For purposes of this Section, "unreimbursed |
| 23 | | eligible remediation costs" means
costs approved by the |
| 24 | | Illinois Environmental Protection Agency ("Agency") under
|
| 25 | | Section 58.14 of the Environmental Protection Act that were |
| 26 | | paid in performing
environmental remediation at a site for |
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| 1 | | which a No Further Remediation Letter
was issued by the |
| 2 | | Agency and recorded under Section 58.10 of the |
| 3 | | Environmental
Protection Act. The credit must be claimed |
| 4 | | for the taxable year in which
Agency approval of the |
| 5 | | eligible remediation costs is granted. The credit is
not |
| 6 | | available to any taxpayer if the taxpayer or any related |
| 7 | | party caused or
contributed to, in any material respect, a |
| 8 | | release of regulated substances on,
in, or under the site |
| 9 | | that was identified and addressed by the remedial
action |
| 10 | | pursuant to the Site Remediation Program of the |
| 11 | | Environmental Protection
Act. After the Pollution Control |
| 12 | | Board rules are adopted pursuant to the
Illinois |
| 13 | | Administrative Procedure Act for the administration and |
| 14 | | enforcement of
Section 58.9 of the Environmental |
| 15 | | Protection Act, determinations as to credit
availability |
| 16 | | for purposes of this Section shall be made consistent with |
| 17 | | those
rules. For purposes of this Section, "taxpayer" |
| 18 | | includes a person whose tax
attributes the taxpayer has |
| 19 | | succeeded to under Section 381 of the Internal
Revenue Code |
| 20 | | and "related party" includes the persons disallowed a |
| 21 | | deduction
for losses by paragraphs (b), (c), and (f)(1) of |
| 22 | | Section 267 of the Internal
Revenue Code by virtue of being |
| 23 | | a related taxpayer, as well as any of its
partners. The |
| 24 | | credit allowed against the tax imposed by subsections (a) |
| 25 | | and
(b) shall be equal to 25% of the unreimbursed eligible |
| 26 | | remediation costs in
excess of $100,000 per site, except |
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| 1 | | that the $100,000 threshold shall not apply
to any site |
| 2 | | contained in an enterprise zone as determined by the |
| 3 | | Department of
Commerce and Community Affairs (now |
| 4 | | Department of Commerce and Economic Opportunity). The |
| 5 | | total credit allowed shall not exceed
$40,000 per year with |
| 6 | | a maximum total of $150,000 per site. For partners and
|
| 7 | | shareholders of subchapter S corporations, there shall be |
| 8 | | allowed a credit
under this subsection to be determined in |
| 9 | | accordance with the determination of
income and |
| 10 | | distributive share of income under Sections 702 and 704 and
|
| 11 | | subchapter S of the Internal Revenue Code. |
| 12 | | (ii) A credit allowed under this subsection that is |
| 13 | | unused in the year
the credit is earned may be carried |
| 14 | | forward to each of the 5 taxable years
following the year |
| 15 | | for which the credit is first earned until it is used.
The |
| 16 | | term "unused credit" does not include any amounts of |
| 17 | | unreimbursed eligible
remediation costs in excess of the |
| 18 | | maximum credit per site authorized under
paragraph (i). |
| 19 | | This credit shall be applied first to the earliest year
for |
| 20 | | which there is a liability. If there is a credit under this |
| 21 | | subsection
from more than one tax year that is available to |
| 22 | | offset a liability, the
earliest credit arising under this |
| 23 | | subsection shall be applied first. A
credit allowed under |
| 24 | | this subsection may be sold to a buyer as part of a sale
of |
| 25 | | all or part of the remediation site for which the credit |
| 26 | | was granted. The
purchaser of a remediation site and the |
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| 1 | | tax credit shall succeed to the unused
credit and remaining |
| 2 | | carry-forward period of the seller. To perfect the
|
| 3 | | transfer, the assignor shall record the transfer in the |
| 4 | | chain of title for the
site and provide written notice to |
| 5 | | the Director of the Illinois Department of
Revenue of the |
| 6 | | assignor's intent to sell the remediation site and the |
| 7 | | amount of
the tax credit to be transferred as a portion of |
| 8 | | the sale. In no event may a
credit be transferred to any |
| 9 | | taxpayer if the taxpayer or a related party would
not be |
| 10 | | eligible under the provisions of subsection (i). |
| 11 | | (iii) For purposes of this Section, the term "site" |
| 12 | | shall have the same
meaning as under Section 58.2 of the |
| 13 | | Environmental Protection Act. |
| 14 | | (m) Education expense credit. Beginning with tax years |
| 15 | | ending after
December 31, 1999, a taxpayer who
is the custodian |
| 16 | | of one or more qualifying pupils shall be allowed a credit
|
| 17 | | against the tax imposed by subsections (a) and (b) of this |
| 18 | | Section for
qualified education expenses incurred on behalf of |
| 19 | | the qualifying pupils.
The credit shall be equal to 25% of |
| 20 | | qualified education expenses, but in no
event may the total |
| 21 | | credit under this subsection claimed by a
family that is the
|
| 22 | | custodian of qualifying pupils exceed $500. In no event shall a |
| 23 | | credit under
this subsection reduce the taxpayer's liability |
| 24 | | under this Act to less than
zero. This subsection is exempt |
| 25 | | from the provisions of Section 250 of this
Act. |
| 26 | | For purposes of this subsection: |
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| 1 | | "Qualifying pupils" means individuals who (i) are |
| 2 | | residents of the State of
Illinois, (ii) are under the age of |
| 3 | | 21 at the close of the school year for
which a credit is |
| 4 | | sought, and (iii) during the school year for which a credit
is |
| 5 | | sought were full-time pupils enrolled in a kindergarten through |
| 6 | | twelfth
grade education program at any school, as defined in |
| 7 | | this subsection. |
| 8 | | "Qualified education expense" means the amount incurred
on |
| 9 | | behalf of a qualifying pupil in excess of $250 for tuition, |
| 10 | | book fees, and
lab fees at the school in which the pupil is |
| 11 | | enrolled during the regular school
year. |
| 12 | | "School" means any public or nonpublic elementary or |
| 13 | | secondary school in
Illinois that is in compliance with Title |
| 14 | | VI of the Civil Rights Act of 1964
and attendance at which |
| 15 | | satisfies the requirements of Section 26-1 of the
School Code, |
| 16 | | except that nothing shall be construed to require a child to
|
| 17 | | attend any particular public or nonpublic school to qualify for |
| 18 | | the credit
under this Section. |
| 19 | | "Custodian" means, with respect to qualifying pupils, an |
| 20 | | Illinois resident
who is a parent, the parents, a legal |
| 21 | | guardian, or the legal guardians of the
qualifying pupils. |
| 22 | | (n) River Edge Redevelopment Zone site remediation tax |
| 23 | | credit.
|
| 24 | | (i) For tax years ending on or after December 31, 2006, |
| 25 | | a taxpayer shall be allowed a credit against the tax |
| 26 | | imposed by subsections (a) and (b) of this Section for |
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| 1 | | certain amounts paid for unreimbursed eligible remediation |
| 2 | | costs, as specified in this subsection. For purposes of |
| 3 | | this Section, "unreimbursed eligible remediation costs" |
| 4 | | means costs approved by the Illinois Environmental |
| 5 | | Protection Agency ("Agency") under Section 58.14a of the |
| 6 | | Environmental Protection Act that were paid in performing |
| 7 | | environmental remediation at a site within a River Edge |
| 8 | | Redevelopment Zone for which a No Further Remediation |
| 9 | | Letter was issued by the Agency and recorded under Section |
| 10 | | 58.10 of the Environmental Protection Act. The credit must |
| 11 | | be claimed for the taxable year in which Agency approval of |
| 12 | | the eligible remediation costs is granted. The credit is |
| 13 | | not available to any taxpayer if the taxpayer or any |
| 14 | | related party caused or contributed to, in any material |
| 15 | | respect, a release of regulated substances on, in, or under |
| 16 | | the site that was identified and addressed by the remedial |
| 17 | | action pursuant to the Site Remediation Program of the |
| 18 | | Environmental Protection Act. Determinations as to credit |
| 19 | | availability for purposes of this Section shall be made |
| 20 | | consistent with rules adopted by the Pollution Control |
| 21 | | Board pursuant to the Illinois Administrative Procedure |
| 22 | | Act for the administration and enforcement of Section 58.9 |
| 23 | | of the Environmental Protection Act. For purposes of this |
| 24 | | Section, "taxpayer" includes a person whose tax attributes |
| 25 | | the taxpayer has succeeded to under Section 381 of the |
| 26 | | Internal Revenue Code and "related party" includes the |
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| 1 | | persons disallowed a deduction for losses by paragraphs |
| 2 | | (b), (c), and (f)(1) of Section 267 of the Internal Revenue |
| 3 | | Code by virtue of being a related taxpayer, as well as any |
| 4 | | of its partners. The credit allowed against the tax imposed |
| 5 | | by subsections (a) and (b) shall be equal to 25% of the |
| 6 | | unreimbursed eligible remediation costs in excess of |
| 7 | | $100,000 per site. |
| 8 | | (ii) A credit allowed under this subsection that is |
| 9 | | unused in the year the credit is earned may be carried |
| 10 | | forward to each of the 5 taxable years following the year |
| 11 | | for which the credit is first earned until it is used. This |
| 12 | | credit shall be applied first to the earliest year for |
| 13 | | which there is a liability. If there is a credit under this |
| 14 | | subsection from more than one tax year that is available to |
| 15 | | offset a liability, the earliest credit arising under this |
| 16 | | subsection shall be applied first. A credit allowed under |
| 17 | | this subsection may be sold to a buyer as part of a sale of |
| 18 | | all or part of the remediation site for which the credit |
| 19 | | was granted. The purchaser of a remediation site and the |
| 20 | | tax credit shall succeed to the unused credit and remaining |
| 21 | | carry-forward period of the seller. To perfect the |
| 22 | | transfer, the assignor shall record the transfer in the |
| 23 | | chain of title for the site and provide written notice to |
| 24 | | the Director of the Illinois Department of Revenue of the |
| 25 | | assignor's intent to sell the remediation site and the |
| 26 | | amount of the tax credit to be transferred as a portion of |
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| 1 | | the sale. In no event may a credit be transferred to any |
| 2 | | taxpayer if the taxpayer or a related party would not be |
| 3 | | eligible under the provisions of subsection (i). |
| 4 | | (iii) For purposes of this Section, the term "site" |
| 5 | | shall have the same meaning as under Section 58.2 of the |
| 6 | | Environmental Protection Act. |
| 7 | | (o) For each of taxable years during the Compassionate Use |
| 8 | | of Medical Cannabis Pilot Program, a surcharge is imposed on |
| 9 | | all taxpayers on income arising from the sale or exchange of |
| 10 | | capital assets, depreciable business property, real property |
| 11 | | used in the trade or business, and Section 197 intangibles of |
| 12 | | an organization registrant under the Compassionate Use of |
| 13 | | Medical Cannabis Pilot Program Act. The amount of the surcharge |
| 14 | | is equal to the amount of federal income tax liability for the |
| 15 | | taxable year attributable to those sales and exchanges. The |
| 16 | | surcharge imposed does not apply if: |
| 17 | | (1) the medical cannabis cultivation center |
| 18 | | registration, medical cannabis dispensary registration, or |
| 19 | | the property of a registration is transferred as a result |
| 20 | | of any of the following: |
| 21 | | (A) bankruptcy, a receivership, or a debt |
| 22 | | adjustment initiated by or against the initial |
| 23 | | registration or the substantial owners of the initial |
| 24 | | registration; |
| 25 | | (B) cancellation, revocation, or termination of |
| 26 | | any registration by the Illinois Department of Public |
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| 1 | | Health; |
| 2 | | (C) a determination by the Illinois Department of |
| 3 | | Public Health that transfer of the registration is in |
| 4 | | the best interests of Illinois qualifying patients as |
| 5 | | defined by the Compassionate Use of Medical Cannabis |
| 6 | | Pilot Program Act; |
| 7 | | (D) the death of an owner of the equity interest in |
| 8 | | a registrant; |
| 9 | | (E) the acquisition of a controlling interest in |
| 10 | | the stock or substantially all of the assets of a |
| 11 | | publicly traded company; |
| 12 | | (F) a transfer by a parent company to a wholly |
| 13 | | owned subsidiary; or |
| 14 | | (G) the transfer or sale to or by one person to |
| 15 | | another person where both persons were initial owners |
| 16 | | of the registration when the registration was issued; |
| 17 | | or |
| 18 | | (2) the cannabis cultivation center registration, |
| 19 | | medical cannabis dispensary registration, or the |
| 20 | | controlling interest in a registrant's property is |
| 21 | | transferred in a transaction to lineal descendants in which |
| 22 | | no gain or loss is recognized or as a result of a |
| 23 | | transaction in accordance with Section 351 of the Internal |
| 24 | | Revenue Code in which no gain or loss is recognized. |
| 25 | | (Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, |
| 26 | | eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; revised |
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| 1 | | 8-9-13.)
|
| 2 | | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
|
| 3 | | Sec. 304. Business income of persons other than residents.
|
| 4 | | (a) In general. The business income of a person other than |
| 5 | | a
resident shall be allocated to this State if such person's |
| 6 | | business
income is derived solely from this State. If a person |
| 7 | | other than a
resident derives business income from this State |
| 8 | | and one or more other
states, then, for tax years ending on or |
| 9 | | before December 30, 1998, and
except as otherwise provided by |
| 10 | | this Section, such
person's business income shall be |
| 11 | | apportioned to this State by
multiplying the income by a |
| 12 | | fraction, the numerator of which is the sum
of the property |
| 13 | | factor (if any), the payroll factor (if any) and 200% of the
|
| 14 | | sales factor (if any), and the denominator of which is 4 |
| 15 | | reduced by the
number of factors other than the sales factor |
| 16 | | which have a denominator
of zero and by an additional 2 if the |
| 17 | | sales factor has a denominator of zero.
For tax years ending on |
| 18 | | or after December 31, 1998, and except as otherwise
provided by |
| 19 | | this Section, persons other than
residents who derive business |
| 20 | | income from this State and one or more other
states shall |
| 21 | | compute their apportionment factor by weighting their |
| 22 | | property,
payroll, and sales factors as provided in
subsection |
| 23 | | (h) of this Section.
|
| 24 | | (1) Property factor.
|
| 25 | | (A) The property factor is a fraction, the numerator of |
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| 1 | | which is the
average value of the person's real and |
| 2 | | tangible personal property owned
or rented and used in the |
| 3 | | trade or business in this State during the
taxable year and |
| 4 | | the denominator of which is the average value of all
the |
| 5 | | person's real and tangible personal property owned or |
| 6 | | rented and
used in the trade or business during the taxable |
| 7 | | year.
|
| 8 | | (B) Property owned by the person is valued at its |
| 9 | | original cost.
Property rented by the person is valued at 8 |
| 10 | | times the net annual rental
rate. Net annual rental rate is |
| 11 | | the annual rental rate paid by the
person less any annual |
| 12 | | rental rate received by the person from
sub-rentals.
|
| 13 | | (C) The average value of property shall be determined |
| 14 | | by averaging
the values at the beginning and ending of the |
| 15 | | taxable year but the
Director may require the averaging of |
| 16 | | monthly values during the taxable
year if reasonably |
| 17 | | required to reflect properly the average value of the
|
| 18 | | person's property.
|
| 19 | | (2) Payroll factor.
|
| 20 | | (A) The payroll factor is a fraction, the numerator of |
| 21 | | which is the
total amount paid in this State during the |
| 22 | | taxable year by the person
for compensation, and the |
| 23 | | denominator of which is the total compensation
paid |
| 24 | | everywhere during the taxable year.
|
| 25 | | (B) Compensation is paid in this State if:
|
| 26 | | (i) The individual's service is performed entirely |
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| 1 | | within this
State;
|
| 2 | | (ii) The individual's service is performed both |
| 3 | | within and without
this State, but the service |
| 4 | | performed without this State is incidental
to the |
| 5 | | individual's service performed within this State; or
|
| 6 | | (iii) Some of the service is performed within this |
| 7 | | State and either
the base of operations, or if there is |
| 8 | | no base of operations, the place
from which the service |
| 9 | | is directed or controlled is within this State,
or the |
| 10 | | base of operations or the place from which the service |
| 11 | | is
directed or controlled is not in any state in which |
| 12 | | some part of the
service is performed, but the |
| 13 | | individual's residence is in this State.
|
| 14 | | (iv) Compensation paid to nonresident professional |
| 15 | | athletes. |
| 16 | | (a) General. The Illinois source income of a |
| 17 | | nonresident individual who is a member of a |
| 18 | | professional athletic team includes the portion of the |
| 19 | | individual's total compensation for services performed |
| 20 | | as a member of a professional athletic team during the |
| 21 | | taxable year which the number of duty days spent within |
| 22 | | this State performing services for the team in any |
| 23 | | manner during the taxable year bears to the total |
| 24 | | number of duty days spent both within and without this |
| 25 | | State during the taxable year. |
| 26 | | (b) Travel days. Travel days that do not involve |
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| 1 | | either a game, practice, team meeting, or other similar |
| 2 | | team event are not considered duty days spent in this |
| 3 | | State. However, such travel days are considered in the |
| 4 | | total duty days spent both within and without this |
| 5 | | State. |
| 6 | | (c) Definitions. For purposes of this subpart |
| 7 | | (iv): |
| 8 | | (1) The term "professional athletic team" |
| 9 | | includes, but is not limited to, any professional |
| 10 | | baseball, basketball, football, soccer, or hockey |
| 11 | | team. |
| 12 | | (2) The term "member of a professional |
| 13 | | athletic team" includes those employees who are |
| 14 | | active players, players on the disabled list, and |
| 15 | | any other persons required to travel and who travel |
| 16 | | with and perform services on behalf of a |
| 17 | | professional athletic team on a regular basis. |
| 18 | | This includes, but is not limited to, coaches, |
| 19 | | managers, and trainers. |
| 20 | | (3) Except as provided in items (C) and (D) of |
| 21 | | this subpart (3), the term "duty days" means all |
| 22 | | days during the taxable year from the beginning of |
| 23 | | the professional athletic team's official |
| 24 | | pre-season training period through the last game |
| 25 | | in which the team competes or is scheduled to |
| 26 | | compete. Duty days shall be counted for the year in |
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| 1 | | which they occur, including where a team's |
| 2 | | official pre-season training period through the |
| 3 | | last game in which the team competes or is |
| 4 | | scheduled to compete, occurs during more than one |
| 5 | | tax year. |
| 6 | | (A) Duty days shall also include days on |
| 7 | | which a member of a professional athletic team |
| 8 | | performs service for a team on a date that does |
| 9 | | not fall within the foregoing period (e.g., |
| 10 | | participation in instructional leagues, the |
| 11 | | "All Star Game", or promotional "caravans"). |
| 12 | | Performing a service for a professional |
| 13 | | athletic team includes conducting training and |
| 14 | | rehabilitation activities, when such |
| 15 | | activities are conducted at team facilities. |
| 16 | | (B) Also included in duty days are game |
| 17 | | days, practice days, days spent at team |
| 18 | | meetings, promotional caravans, preseason |
| 19 | | training camps, and days served with the team |
| 20 | | through all post-season games in which the team |
| 21 | | competes or is scheduled to compete. |
| 22 | | (C) Duty days for any person who joins a |
| 23 | | team during the period from the beginning of |
| 24 | | the professional athletic team's official |
| 25 | | pre-season training period through the last |
| 26 | | game in which the team competes, or is |
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| 1 | | scheduled to compete, shall begin on the day |
| 2 | | that person joins the team. Conversely, duty |
| 3 | | days for any person who leaves a team during |
| 4 | | this period shall end on the day that person |
| 5 | | leaves the team. Where a person switches teams |
| 6 | | during a taxable year, a separate duty-day |
| 7 | | calculation shall be made for the period the |
| 8 | | person was with each team. |
| 9 | | (D) Days for which a member of a |
| 10 | | professional athletic team is not compensated |
| 11 | | and is not performing services for the team in |
| 12 | | any manner, including days when such member of |
| 13 | | a professional athletic team has been |
| 14 | | suspended without pay and prohibited from |
| 15 | | performing any services for the team, shall not |
| 16 | | be treated as duty days. |
| 17 | | (E) Days for which a member of a |
| 18 | | professional athletic team is on the disabled |
| 19 | | list and does not conduct rehabilitation |
| 20 | | activities at facilities of the team, and is |
| 21 | | not otherwise performing services for the team |
| 22 | | in Illinois, shall not be considered duty days |
| 23 | | spent in this State. All days on the disabled |
| 24 | | list, however, are considered to be included in |
| 25 | | total duty days spent both within and without |
| 26 | | this State. |
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| 1 | | (4) The term "total compensation for services |
| 2 | | performed as a member of a professional athletic |
| 3 | | team" means the total compensation received during |
| 4 | | the taxable year for services performed: |
| 5 | | (A) from the beginning of the official |
| 6 | | pre-season training period through the last |
| 7 | | game in which the team competes or is scheduled |
| 8 | | to compete during that taxable year; and |
| 9 | | (B) during the taxable year on a date which |
| 10 | | does not fall within the foregoing period |
| 11 | | (e.g., participation in instructional leagues, |
| 12 | | the "All Star Game", or promotional caravans). |
| 13 | | This compensation shall include, but is not |
| 14 | | limited to, salaries, wages, bonuses as described |
| 15 | | in this subpart, and any other type of compensation |
| 16 | | paid during the taxable year to a member of a |
| 17 | | professional athletic team for services performed |
| 18 | | in that year. This compensation does not include |
| 19 | | strike benefits, severance pay, termination pay, |
| 20 | | contract or option year buy-out payments, |
| 21 | | expansion or relocation payments, or any other |
| 22 | | payments not related to services performed for the |
| 23 | | team. |
| 24 | | For purposes of this subparagraph, "bonuses" |
| 25 | | included in "total compensation for services |
| 26 | | performed as a member of a professional athletic |
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| 1 | | team" subject to the allocation described in |
| 2 | | Section 302(c)(1) are: bonuses earned as a result |
| 3 | | of play (i.e., performance bonuses) during the |
| 4 | | season, including bonuses paid for championship, |
| 5 | | playoff or "bowl" games played by a team, or for |
| 6 | | selection to all-star league or other honorary |
| 7 | | positions; and bonuses paid for signing a |
| 8 | | contract, unless the payment of the signing bonus |
| 9 | | is not conditional upon the signee playing any |
| 10 | | games for the team or performing any subsequent |
| 11 | | services for the team or even making the team, the |
| 12 | | signing bonus is payable separately from the |
| 13 | | salary and any other compensation, and the signing |
| 14 | | bonus is nonrefundable.
|
| 15 | | (3) Sales factor.
|
| 16 | | (A) The sales factor is a fraction, the numerator of |
| 17 | | which is the
total sales of the person in this State during |
| 18 | | the taxable year, and the
denominator of which is the total |
| 19 | | sales of the person everywhere during
the taxable year.
|
| 20 | | (B) Sales of tangible personal property are in this |
| 21 | | State if:
|
| 22 | | (i) The property is delivered or shipped to a |
| 23 | | purchaser, other than
the United States government, |
| 24 | | within this State regardless of the f. o.
b. point or |
| 25 | | other conditions of the sale; or
|
| 26 | | (ii) The property is shipped from an office, store, |
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| 1 | | warehouse,
factory or other place of storage in this |
| 2 | | State and either the purchaser
is the United States |
| 3 | | government or the person is not taxable in the
state of |
| 4 | | the purchaser; provided, however, that premises owned |
| 5 | | or leased
by a person who has independently contracted |
| 6 | | with the seller for the printing
of newspapers, |
| 7 | | periodicals or books shall not be deemed to be an |
| 8 | | office,
store, warehouse, factory or other place of |
| 9 | | storage for purposes of this
Section.
Sales of tangible |
| 10 | | personal property are not in this State if the
seller |
| 11 | | and purchaser would be members of the same unitary |
| 12 | | business group
but for the fact that either the seller |
| 13 | | or purchaser is a person with 80%
or more of total |
| 14 | | business activity outside of the United States and the
|
| 15 | | property is purchased for resale.
|
| 16 | | (B-1) Patents, copyrights, trademarks, and similar |
| 17 | | items of intangible
personal property.
|
| 18 | | (i) Gross receipts from the licensing, sale, or |
| 19 | | other disposition of a
patent, copyright, trademark, |
| 20 | | or similar item of intangible personal property, other |
| 21 | | than gross receipts governed by paragraph (B-7) of this |
| 22 | | item (3),
are in this State to the extent the item is |
| 23 | | utilized in this State during the
year the gross |
| 24 | | receipts are included in gross income.
|
| 25 | | (ii) Place of utilization.
|
| 26 | | (I) A patent is utilized in a state to the |
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| 1 | | extent that it is employed
in production, |
| 2 | | fabrication, manufacturing, or other processing in |
| 3 | | the state or
to the extent that a patented product |
| 4 | | is produced in the state. If a patent is
utilized |
| 5 | | in
more than one state, the extent to which it is |
| 6 | | utilized in any one state shall
be a fraction equal |
| 7 | | to the gross receipts of the licensee or purchaser |
| 8 | | from
sales or leases of items produced, |
| 9 | | fabricated, manufactured, or processed
within that |
| 10 | | state using the patent and of patented items |
| 11 | | produced within that
state, divided by the total of |
| 12 | | such gross receipts for all states in which the
|
| 13 | | patent is utilized.
|
| 14 | | (II) A copyright is utilized in a state to the |
| 15 | | extent that printing or
other publication |
| 16 | | originates in the state. If a copyright is utilized |
| 17 | | in more
than one state, the extent to which it is |
| 18 | | utilized in any one state shall be a
fraction equal |
| 19 | | to the gross receipts from sales or licenses of |
| 20 | | materials
printed or published in that state |
| 21 | | divided by the total of such gross receipts
for all |
| 22 | | states in which the copyright is utilized.
|
| 23 | | (III) Trademarks and other items of intangible |
| 24 | | personal property
governed by this paragraph (B-1) |
| 25 | | are utilized in the state in which the
commercial |
| 26 | | domicile of the licensee or purchaser is located.
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| 1 | | (iii) If the state of utilization of an item of |
| 2 | | property governed by
this paragraph (B-1) cannot be |
| 3 | | determined from the taxpayer's books and
records or |
| 4 | | from the books and records of any person related to the |
| 5 | | taxpayer
within the meaning of Section 267(b) of the |
| 6 | | Internal Revenue Code, 26 U.S.C.
267, the gross
|
| 7 | | receipts attributable to that item shall be excluded |
| 8 | | from both the numerator
and the denominator of the |
| 9 | | sales factor.
|
| 10 | | (B-2) Gross receipts from the license, sale, or other |
| 11 | | disposition of
patents, copyrights, trademarks, and |
| 12 | | similar items of intangible personal
property, other than |
| 13 | | gross receipts governed by paragraph (B-7) of this item |
| 14 | | (3), may be included in the numerator or denominator of the |
| 15 | | sales factor
only if gross receipts from licenses, sales, |
| 16 | | or other disposition of such items
comprise more than 50% |
| 17 | | of the taxpayer's total gross receipts included in gross
|
| 18 | | income during the tax year and during each of the 2 |
| 19 | | immediately preceding tax
years; provided that, when a |
| 20 | | taxpayer is a member of a unitary business group,
such |
| 21 | | determination shall be made on the basis of the gross |
| 22 | | receipts of the
entire unitary business group.
|
| 23 | | (B-5) For taxable years ending on or after December 31, |
| 24 | | 2008, except as provided in subsections (ii) through (vii), |
| 25 | | receipts from the sale of telecommunications service or |
| 26 | | mobile telecommunications service are in this State if the |
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| 1 | | customer's service address is in this State. |
| 2 | | (i) For purposes of this subparagraph (B-5), the |
| 3 | | following terms have the following meanings: |
| 4 | | "Ancillary services" means services that are |
| 5 | | associated with or incidental to the provision of |
| 6 | | "telecommunications services", including but not |
| 7 | | limited to "detailed telecommunications billing", |
| 8 | | "directory assistance", "vertical service", and "voice |
| 9 | | mail services". |
| 10 | | "Air-to-Ground Radiotelephone service" means a |
| 11 | | radio service, as that term is defined in 47 CFR 22.99, |
| 12 | | in which common carriers are authorized to offer and |
| 13 | | provide radio telecommunications service for hire to |
| 14 | | subscribers in aircraft. |
| 15 | | "Call-by-call Basis" means any method of charging |
| 16 | | for telecommunications services where the price is |
| 17 | | measured by individual calls. |
| 18 | | "Communications Channel" means a physical or |
| 19 | | virtual path of communications over which signals are |
| 20 | | transmitted between or among customer channel |
| 21 | | termination points. |
| 22 | | "Conference bridging service" means an "ancillary |
| 23 | | service" that links two or more participants of an |
| 24 | | audio or video conference call and may include the |
| 25 | | provision of a telephone number. "Conference bridging |
| 26 | | service" does not include the "telecommunications |
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| 1 | | services" used to reach the conference bridge. |
| 2 | | "Customer Channel Termination Point" means the |
| 3 | | location where the customer either inputs or receives |
| 4 | | the communications. |
| 5 | | "Detailed telecommunications billing service" |
| 6 | | means an "ancillary service" of separately stating |
| 7 | | information pertaining to individual calls on a |
| 8 | | customer's billing statement. |
| 9 | | "Directory assistance" means an "ancillary |
| 10 | | service" of providing telephone number information, |
| 11 | | and/or address information. |
| 12 | | "Home service provider" means the facilities based |
| 13 | | carrier or reseller with which the customer contracts |
| 14 | | for the provision of mobile telecommunications |
| 15 | | services. |
| 16 | | "Mobile telecommunications service" means |
| 17 | | commercial mobile radio service, as defined in Section |
| 18 | | 20.3 of Title 47 of the Code of Federal Regulations as |
| 19 | | in effect on June 1, 1999. |
| 20 | | "Place of primary use" means the street address |
| 21 | | representative of where the customer's use of the |
| 22 | | telecommunications service primarily occurs, which |
| 23 | | must be the residential street address or the primary |
| 24 | | business street address of the customer. In the case of |
| 25 | | mobile telecommunications services, "place of primary |
| 26 | | use" must be within the licensed service area of the |
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| 1 | | home service provider. |
| 2 | | "Post-paid telecommunication service" means the |
| 3 | | telecommunications service obtained by making a |
| 4 | | payment on a call-by-call basis either through the use |
| 5 | | of a credit card or payment mechanism such as a bank |
| 6 | | card, travel card, credit card, or debit card, or by |
| 7 | | charge made to a telephone number which is not |
| 8 | | associated with the origination or termination of the |
| 9 | | telecommunications service. A post-paid calling |
| 10 | | service includes telecommunications service, except a |
| 11 | | prepaid wireless calling service, that would be a |
| 12 | | prepaid calling service except it is not exclusively a |
| 13 | | telecommunication service. |
| 14 | | "Prepaid telecommunication service" means the |
| 15 | | right to access exclusively telecommunications |
| 16 | | services, which must be paid for in advance and which |
| 17 | | enables the origination of calls using an access number |
| 18 | | or authorization code, whether manually or |
| 19 | | electronically dialed, and that is sold in |
| 20 | | predetermined units or dollars of which the number |
| 21 | | declines with use in a known amount. |
| 22 | | "Prepaid Mobile telecommunication service" means a |
| 23 | | telecommunications service that provides the right to |
| 24 | | utilize mobile wireless service as well as other |
| 25 | | non-telecommunication services, including but not |
| 26 | | limited to ancillary services, which must be paid for |
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| 1 | | in advance that is sold in predetermined units or |
| 2 | | dollars of which the number declines with use in a |
| 3 | | known amount. |
| 4 | | "Private communication service" means a |
| 5 | | telecommunication service that entitles the customer |
| 6 | | to exclusive or priority use of a communications |
| 7 | | channel or group of channels between or among |
| 8 | | termination points, regardless of the manner in which |
| 9 | | such channel or channels are connected, and includes |
| 10 | | switching capacity, extension lines, stations, and any |
| 11 | | other associated services that are provided in |
| 12 | | connection with the use of such channel or channels. |
| 13 | | "Service address" means: |
| 14 | | (a) The location of the telecommunications |
| 15 | | equipment to which a customer's call is charged and |
| 16 | | from which the call originates or terminates, |
| 17 | | regardless of where the call is billed or paid; |
| 18 | | (b) If the location in line (a) is not known, |
| 19 | | service address means the origination point of the |
| 20 | | signal of the telecommunications services first |
| 21 | | identified by either the seller's |
| 22 | | telecommunications system or in information |
| 23 | | received by the seller from its service provider |
| 24 | | where the system used to transport such signals is |
| 25 | | not that of the seller; and |
| 26 | | (c) If the locations in line (a) and line (b) |
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| 1 | | are not known, the service address means the |
| 2 | | location of the customer's place of primary use. |
| 3 | | "Telecommunications service" means the electronic |
| 4 | | transmission, conveyance, or routing of voice, data, |
| 5 | | audio, video, or any other information or signals to a |
| 6 | | point, or between or among points. The term |
| 7 | | "telecommunications service" includes such |
| 8 | | transmission, conveyance, or routing in which computer |
| 9 | | processing applications are used to act on the form, |
| 10 | | code or protocol of the content for purposes of |
| 11 | | transmission, conveyance or routing without regard to |
| 12 | | whether such service is referred to as voice over |
| 13 | | Internet protocol services or is classified by the |
| 14 | | Federal Communications Commission as enhanced or value |
| 15 | | added. "Telecommunications service" does not include: |
| 16 | | (a) Data processing and information services |
| 17 | | that allow data to be generated, acquired, stored, |
| 18 | | processed, or retrieved and delivered by an |
| 19 | | electronic transmission to a purchaser when such |
| 20 | | purchaser's primary purpose for the underlying |
| 21 | | transaction is the processed data or information; |
| 22 | | (b) Installation or maintenance of wiring or |
| 23 | | equipment on a customer's premises; |
| 24 | | (c) Tangible personal property; |
| 25 | | (d) Advertising, including but not limited to |
| 26 | | directory advertising. |
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| 1 | | (e) Billing and collection services provided |
| 2 | | to third parties; |
| 3 | | (f) Internet access service; |
| 4 | | (g) Radio and television audio and video |
| 5 | | programming services, regardless of the medium, |
| 6 | | including the furnishing of transmission, |
| 7 | | conveyance and routing of such services by the |
| 8 | | programming service provider. Radio and television |
| 9 | | audio and video programming services shall include |
| 10 | | but not be limited to cable service as defined in |
| 11 | | 47 USC 522(6) and audio and video programming |
| 12 | | services delivered by commercial mobile radio |
| 13 | | service providers, as defined in 47 CFR 20.3; |
| 14 | | (h) "Ancillary services"; or |
| 15 | | (i) Digital products "delivered |
| 16 | | electronically", including but not limited to |
| 17 | | software, music, video, reading materials or ring |
| 18 | | tones. |
| 19 | | "Vertical service" means an "ancillary service" |
| 20 | | that is offered in connection with one or more |
| 21 | | "telecommunications services", which offers advanced |
| 22 | | calling features that allow customers to identify |
| 23 | | callers and to manage multiple calls and call |
| 24 | | connections, including "conference bridging services". |
| 25 | | "Voice mail service" means an "ancillary service" |
| 26 | | that enables the customer to store, send or receive |
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| 1 | | recorded messages. "Voice mail service" does not |
| 2 | | include any "vertical services" that the customer may |
| 3 | | be required to have in order to utilize the "voice mail |
| 4 | | service". |
| 5 | | (ii) Receipts from the sale of telecommunications |
| 6 | | service sold on an individual call-by-call basis are in |
| 7 | | this State if either of the following applies: |
| 8 | | (a) The call both originates and terminates in |
| 9 | | this State. |
| 10 | | (b) The call either originates or terminates |
| 11 | | in this State and the service address is located in |
| 12 | | this State. |
| 13 | | (iii) Receipts from the sale of postpaid |
| 14 | | telecommunications service at retail are in this State |
| 15 | | if the origination point of the telecommunication |
| 16 | | signal, as first identified by the service provider's |
| 17 | | telecommunication system or as identified by |
| 18 | | information received by the seller from its service |
| 19 | | provider if the system used to transport |
| 20 | | telecommunication signals is not the seller's, is |
| 21 | | located in this State. |
| 22 | | (iv) Receipts from the sale of prepaid |
| 23 | | telecommunications service or prepaid mobile |
| 24 | | telecommunications service at retail are in this State |
| 25 | | if the purchaser obtains the prepaid card or similar |
| 26 | | means of conveyance at a location in this State. |
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| 1 | | Receipts from recharging a prepaid telecommunications |
| 2 | | service or mobile telecommunications service is in |
| 3 | | this State if the purchaser's billing information |
| 4 | | indicates a location in this State. |
| 5 | | (v) Receipts from the sale of private |
| 6 | | communication services are in this State as follows: |
| 7 | | (a) 100% of receipts from charges imposed at |
| 8 | | each channel termination point in this State. |
| 9 | | (b) 100% of receipts from charges for the total |
| 10 | | channel mileage between each channel termination |
| 11 | | point in this State. |
| 12 | | (c) 50% of the total receipts from charges for |
| 13 | | service segments when those segments are between 2 |
| 14 | | customer channel termination points, 1 of which is |
| 15 | | located in this State and the other is located |
| 16 | | outside of this State, which segments are |
| 17 | | separately charged. |
| 18 | | (d) The receipts from charges for service |
| 19 | | segments with a channel termination point located |
| 20 | | in this State and in two or more other states, and |
| 21 | | which segments are not separately billed, are in |
| 22 | | this State based on a percentage determined by |
| 23 | | dividing the number of customer channel |
| 24 | | termination points in this State by the total |
| 25 | | number of customer channel termination points. |
| 26 | | (vi) Receipts from charges for ancillary services |
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| 1 | | for telecommunications service sold to customers at |
| 2 | | retail are in this State if the customer's primary |
| 3 | | place of use of telecommunications services associated |
| 4 | | with those ancillary services is in this State. If the |
| 5 | | seller of those ancillary services cannot determine |
| 6 | | where the associated telecommunications are located, |
| 7 | | then the ancillary services shall be based on the |
| 8 | | location of the purchaser. |
| 9 | | (vii) Receipts to access a carrier's network or |
| 10 | | from the sale of telecommunication services or |
| 11 | | ancillary services for resale are in this State as |
| 12 | | follows: |
| 13 | | (a) 100% of the receipts from access fees |
| 14 | | attributable to intrastate telecommunications |
| 15 | | service that both originates and terminates in |
| 16 | | this State. |
| 17 | | (b) 50% of the receipts from access fees |
| 18 | | attributable to interstate telecommunications |
| 19 | | service if the interstate call either originates |
| 20 | | or terminates in this State. |
| 21 | | (c) 100% of the receipts from interstate end |
| 22 | | user access line charges, if the customer's |
| 23 | | service address is in this State. As used in this |
| 24 | | subdivision, "interstate end user access line |
| 25 | | charges" includes, but is not limited to, the |
| 26 | | surcharge approved by the federal communications |
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| 1 | | commission and levied pursuant to 47 CFR 69. |
| 2 | | (d) Gross receipts from sales of |
| 3 | | telecommunication services or from ancillary |
| 4 | | services for telecommunications services sold to |
| 5 | | other telecommunication service providers for |
| 6 | | resale shall be sourced to this State using the |
| 7 | | apportionment concepts used for non-resale |
| 8 | | receipts of telecommunications services if the |
| 9 | | information is readily available to make that |
| 10 | | determination. If the information is not readily |
| 11 | | available, then the taxpayer may use any other |
| 12 | | reasonable and consistent method. |
| 13 | | (B-7) For taxable years ending on or after December 31, |
| 14 | | 2008, receipts from the sale of broadcasting services are |
| 15 | | in this State if the broadcasting services are received in |
| 16 | | this State. For purposes of this paragraph (B-7), the |
| 17 | | following terms have the following meanings: |
| 18 | | "Advertising revenue" means consideration received |
| 19 | | by the taxpayer in exchange for broadcasting services |
| 20 | | or allowing the broadcasting of commercials or |
| 21 | | announcements in connection with the broadcasting of |
| 22 | | film or radio programming, from sponsorships of the |
| 23 | | programming, or from product placements in the |
| 24 | | programming. |
| 25 | | "Audience factor" means the ratio that the |
| 26 | | audience or subscribers located in this State of a |
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| 1 | | station, a network, or a cable system bears to the |
| 2 | | total audience or total subscribers for that station, |
| 3 | | network, or cable system. The audience factor for film |
| 4 | | or radio programming shall be determined by reference |
| 5 | | to the books and records of the taxpayer or by |
| 6 | | reference to published rating statistics provided the |
| 7 | | method used by the taxpayer is consistently used from |
| 8 | | year to year for this purpose and fairly represents the |
| 9 | | taxpayer's activity in this State. |
| 10 | | "Broadcast" or "broadcasting" or "broadcasting |
| 11 | | services" means the transmission or provision of film |
| 12 | | or radio programming, whether through the public |
| 13 | | airwaves, by cable, by direct or indirect satellite |
| 14 | | transmission, or by any other means of communication, |
| 15 | | either through a station, a network, or a cable system. |
| 16 | | "Film" or "film programming" means the broadcast |
| 17 | | on television of any and all performances, events, or |
| 18 | | productions, including but not limited to news, |
| 19 | | sporting events, plays, stories, or other literary, |
| 20 | | commercial, educational, or artistic works, either |
| 21 | | live or through the use of video tape, disc, or any |
| 22 | | other type of format or medium. Each episode of a |
| 23 | | series of films produced for television shall |
| 24 | | constitute separate "film" notwithstanding that the |
| 25 | | series relates to the same principal subject and is |
| 26 | | produced during one or more tax periods. |
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| 1 | | "Radio" or "radio programming" means the broadcast |
| 2 | | on radio of any and all performances, events, or |
| 3 | | productions, including but not limited to news, |
| 4 | | sporting events, plays, stories, or other literary, |
| 5 | | commercial, educational, or artistic works, either |
| 6 | | live or through the use of an audio tape, disc, or any |
| 7 | | other format or medium. Each episode in a series of |
| 8 | | radio programming produced for radio broadcast shall |
| 9 | | constitute a separate "radio programming" |
| 10 | | notwithstanding that the series relates to the same |
| 11 | | principal subject and is produced during one or more |
| 12 | | tax periods. |
| 13 | | (i) In the case of advertising revenue from |
| 14 | | broadcasting, the customer is the advertiser and |
| 15 | | the service is received in this State if the |
| 16 | | commercial domicile of the advertiser is in this |
| 17 | | State. |
| 18 | | (ii) In the case where film or radio |
| 19 | | programming is broadcast by a station, a network, |
| 20 | | or a cable system for a fee or other remuneration |
| 21 | | received from the recipient of the broadcast, the |
| 22 | | portion of the service that is received in this |
| 23 | | State is measured by the portion of the recipients |
| 24 | | of the broadcast located in this State. |
| 25 | | Accordingly, the fee or other remuneration for |
| 26 | | such service that is included in the Illinois |
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| 1 | | numerator of the sales factor is the total of those |
| 2 | | fees or other remuneration received from |
| 3 | | recipients in Illinois. For purposes of this |
| 4 | | paragraph, a taxpayer may determine the location |
| 5 | | of the recipients of its broadcast using the |
| 6 | | address of the recipient shown in its contracts |
| 7 | | with the recipient or using the billing address of |
| 8 | | the recipient in the taxpayer's records. |
| 9 | | (iii) In the case where film or radio |
| 10 | | programming is broadcast by a station, a network, |
| 11 | | or a cable system for a fee or other remuneration |
| 12 | | from the person providing the programming, the |
| 13 | | portion of the broadcast service that is received |
| 14 | | by such station, network, or cable system in this |
| 15 | | State is measured by the portion of recipients of |
| 16 | | the broadcast located in this State. Accordingly, |
| 17 | | the amount of revenue related to such an |
| 18 | | arrangement that is included in the Illinois |
| 19 | | numerator of the sales factor is the total fee or |
| 20 | | other total remuneration from the person providing |
| 21 | | the programming related to that broadcast |
| 22 | | multiplied by the Illinois audience factor for |
| 23 | | that broadcast. |
| 24 | | (iv) In the case where film or radio |
| 25 | | programming is provided by a taxpayer that is a |
| 26 | | network or station to a customer for broadcast in |
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| 1 | | exchange for a fee or other remuneration from that |
| 2 | | customer the broadcasting service is received at |
| 3 | | the location of the office of the customer from |
| 4 | | which the services were ordered in the regular |
| 5 | | course of the customer's trade or business. |
| 6 | | Accordingly, in such a case the revenue derived by |
| 7 | | the taxpayer that is included in the taxpayer's |
| 8 | | Illinois numerator of the sales factor is the |
| 9 | | revenue from such customers who receive the |
| 10 | | broadcasting service in Illinois. |
| 11 | | (v) In the case where film or radio programming |
| 12 | | is provided by a taxpayer that is not a network or |
| 13 | | station to another person for broadcasting in |
| 14 | | exchange for a fee or other remuneration from that |
| 15 | | person, the broadcasting service is received at |
| 16 | | the location of the office of the customer from |
| 17 | | which the services were ordered in the regular |
| 18 | | course of the customer's trade or business. |
| 19 | | Accordingly, in such a case the revenue derived by |
| 20 | | the taxpayer that is included in the taxpayer's |
| 21 | | Illinois numerator of the sales factor is the |
| 22 | | revenue from such customers who receive the |
| 23 | | broadcasting service in Illinois. |
| 24 | | (B-8) Gross receipts from winnings under the Illinois |
| 25 | | Lottery Law from the assignment of a prize under Section |
| 26 | | 13-1 of the Illinois Lottery Law are received in this |
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| 1 | | State. This paragraph (B-8) applies only to taxable years |
| 2 | | ending on or after December 31, 2013.
|
| 3 | | (C) For taxable years ending before December 31, 2008, |
| 4 | | sales, other than sales governed by paragraphs (B), (B-1), |
| 5 | | (B-2), and (B-8) are in
this State if:
|
| 6 | | (i) The income-producing activity is performed in |
| 7 | | this State; or
|
| 8 | | (ii) The income-producing activity is performed |
| 9 | | both within and
without this State and a greater |
| 10 | | proportion of the income-producing
activity is |
| 11 | | performed within this State than without this State, |
| 12 | | based
on performance costs.
|
| 13 | | (C-5) For taxable years ending on or after December 31, |
| 14 | | 2008, sales, other than sales governed by paragraphs (B), |
| 15 | | (B-1), (B-2), (B-5), and (B-7), are in this State if any of |
| 16 | | the following criteria are met: |
| 17 | | (i) Sales from the sale or lease of real property |
| 18 | | are in this State if the property is located in this |
| 19 | | State. |
| 20 | | (ii) Sales from the lease or rental of tangible |
| 21 | | personal property are in this State if the property is |
| 22 | | located in this State during the rental period. Sales |
| 23 | | from the lease or rental of tangible personal property |
| 24 | | that is characteristically moving property, including, |
| 25 | | but not limited to, motor vehicles, rolling stock, |
| 26 | | aircraft, vessels, or mobile equipment are in this |
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| 1 | | State to the extent that the property is used in this |
| 2 | | State. |
| 3 | | (iii) In the case of interest, net gains (but not |
| 4 | | less than zero) and other items of income from |
| 5 | | intangible personal property, the sale is in this State |
| 6 | | if: |
| 7 | | (a) in the case of a taxpayer who is a dealer |
| 8 | | in the item of intangible personal property within |
| 9 | | the meaning of Section 475 of the Internal Revenue |
| 10 | | Code, the income or gain is received from a |
| 11 | | customer in this State. For purposes of this |
| 12 | | subparagraph, a customer is in this State if the |
| 13 | | customer is an individual, trust or estate who is a |
| 14 | | resident of this State and, for all other |
| 15 | | customers, if the customer's commercial domicile |
| 16 | | is in this State. Unless the dealer has actual |
| 17 | | knowledge of the residence or commercial domicile |
| 18 | | of a customer during a taxable year, the customer |
| 19 | | shall be deemed to be a customer in this State if |
| 20 | | the billing address of the customer, as shown in |
| 21 | | the records of the dealer, is in this State; or |
| 22 | | (b) in all other cases, if the |
| 23 | | income-producing activity of the taxpayer is |
| 24 | | performed in this State or, if the |
| 25 | | income-producing activity of the taxpayer is |
| 26 | | performed both within and without this State, if a |
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| 1 | | greater proportion of the income-producing |
| 2 | | activity of the taxpayer is performed within this |
| 3 | | State than in any other state, based on performance |
| 4 | | costs. |
| 5 | | (iv) Sales of services are in this State if the |
| 6 | | services are received in this State. For the purposes |
| 7 | | of this section, gross receipts from the performance of |
| 8 | | services provided to a corporation, partnership, or |
| 9 | | trust may only be attributed to a state where that |
| 10 | | corporation, partnership, or trust has a fixed place of |
| 11 | | business. If the state where the services are received |
| 12 | | is not readily determinable or is a state where the |
| 13 | | corporation, partnership, or trust receiving the |
| 14 | | service does not have a fixed place of business, the |
| 15 | | services shall be deemed to be received at the location |
| 16 | | of the office of the customer from which the services |
| 17 | | were ordered in the regular course of the customer's |
| 18 | | trade or business. If the ordering office cannot be |
| 19 | | determined, the services shall be deemed to be received |
| 20 | | at the office of the customer to which the services are |
| 21 | | billed. If the taxpayer is not taxable in the state in |
| 22 | | which the services are received, the sale must be |
| 23 | | excluded from both the numerator and the denominator of |
| 24 | | the sales factor. The Department shall adopt rules |
| 25 | | prescribing where specific types of service are |
| 26 | | received, including, but not limited to, publishing, |
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| 1 | | and utility service.
|
| 2 | | (D) For taxable years ending on or after December 31, |
| 3 | | 1995, the following
items of income shall not be included |
| 4 | | in the numerator or denominator of the
sales factor: |
| 5 | | dividends; amounts included under Section 78 of the |
| 6 | | Internal
Revenue Code; and Subpart F income as defined in |
| 7 | | Section 952 of the Internal
Revenue Code.
No inference |
| 8 | | shall be drawn from the enactment of this paragraph (D) in
|
| 9 | | construing this Section for taxable years ending before |
| 10 | | December 31, 1995.
|
| 11 | | (E) Paragraphs (B-1) and (B-2) shall apply to tax years |
| 12 | | ending on or
after December 31, 1999, provided that a |
| 13 | | taxpayer may elect to apply the
provisions of these |
| 14 | | paragraphs to prior tax years. Such election shall be made
|
| 15 | | in the form and manner prescribed by the Department, shall |
| 16 | | be irrevocable, and
shall apply to all tax years; provided |
| 17 | | that, if a taxpayer's Illinois income
tax liability for any |
| 18 | | tax year, as assessed under Section 903 prior to January
1, |
| 19 | | 1999, was computed in a manner contrary to the provisions |
| 20 | | of paragraphs
(B-1) or (B-2), no refund shall be payable to |
| 21 | | the taxpayer for that tax year to
the extent such refund is |
| 22 | | the result of applying the provisions of paragraph
(B-1) or |
| 23 | | (B-2) retroactively. In the case of a unitary business |
| 24 | | group, such
election shall apply to all members of such |
| 25 | | group for every tax year such group
is in existence, but |
| 26 | | shall not apply to any taxpayer for any period during
which |
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| 1 | | that taxpayer is not a member of such group.
|
| 2 | | (b) Insurance companies.
|
| 3 | | (1) In general. Except as otherwise
provided by |
| 4 | | paragraph (2), business income of an insurance company for |
| 5 | | a
taxable year shall be apportioned to this State by |
| 6 | | multiplying such
income by a fraction, the numerator of |
| 7 | | which is the direct premiums
written for insurance upon |
| 8 | | property or risk in this State, and the
denominator of |
| 9 | | which is the direct premiums written for insurance upon
|
| 10 | | property or risk everywhere. For purposes of this |
| 11 | | subsection, the term
"direct premiums written" means the |
| 12 | | total amount of direct premiums
written, assessments and |
| 13 | | annuity considerations as reported for the
taxable year on |
| 14 | | the annual statement filed by the company with the
Illinois |
| 15 | | Director of Insurance in the form approved by the National
|
| 16 | | Convention of Insurance Commissioners
or such other form as |
| 17 | | may be
prescribed in lieu thereof.
|
| 18 | | (2) Reinsurance. If the principal source of premiums |
| 19 | | written by an
insurance company consists of premiums for |
| 20 | | reinsurance accepted by it,
the business income of such |
| 21 | | company shall be apportioned to this State
by multiplying |
| 22 | | such income by a fraction, the numerator of which is the
|
| 23 | | sum of (i) direct premiums written for insurance upon |
| 24 | | property or risk
in this State, plus (ii) premiums written |
| 25 | | for reinsurance accepted in
respect of property or risk in |
| 26 | | this State, and the denominator of which
is the sum of |
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| 1 | | (iii) direct premiums written for insurance upon property
|
| 2 | | or risk everywhere, plus (iv) premiums written for |
| 3 | | reinsurance accepted
in respect of property or risk |
| 4 | | everywhere. For purposes of this
paragraph, premiums |
| 5 | | written for reinsurance accepted in respect of
property or |
| 6 | | risk in this State, whether or not otherwise determinable,
|
| 7 | | may, at the election of the company, be determined on the |
| 8 | | basis of the
proportion which premiums written for |
| 9 | | reinsurance accepted from
companies commercially domiciled |
| 10 | | in Illinois bears to premiums written
for reinsurance |
| 11 | | accepted from all sources, or, alternatively, in the
|
| 12 | | proportion which the sum of the direct premiums written for |
| 13 | | insurance
upon property or risk in this State by each |
| 14 | | ceding company from which
reinsurance is accepted bears to |
| 15 | | the sum of the total direct premiums
written by each such |
| 16 | | ceding company for the taxable year. The election made by a |
| 17 | | company under this paragraph for its first taxable year |
| 18 | | ending on or after December 31, 2011, shall be binding for |
| 19 | | that company for that taxable year and for all subsequent |
| 20 | | taxable years, and may be altered only with the written |
| 21 | | permission of the Department, which shall not be |
| 22 | | unreasonably withheld.
|
| 23 | | (c) Financial organizations.
|
| 24 | | (1) In general. For taxable years ending before |
| 25 | | December 31, 2008, business income of a financial
|
| 26 | | organization shall be apportioned to this State by |
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| 1 | | multiplying such
income by a fraction, the numerator of |
| 2 | | which is its business income from
sources within this |
| 3 | | State, and the denominator of which is its business
income |
| 4 | | from all sources. For the purposes of this subsection, the
|
| 5 | | business income of a financial organization from sources |
| 6 | | within this
State is the sum of the amounts referred to in |
| 7 | | subparagraphs (A) through
(E) following, but excluding the |
| 8 | | adjusted income of an international banking
facility as |
| 9 | | determined in paragraph (2):
|
| 10 | | (A) Fees, commissions or other compensation for |
| 11 | | financial services
rendered within this State;
|
| 12 | | (B) Gross profits from trading in stocks, bonds or |
| 13 | | other securities
managed within this State;
|
| 14 | | (C) Dividends, and interest from Illinois |
| 15 | | customers, which are received
within this State;
|
| 16 | | (D) Interest charged to customers at places of |
| 17 | | business maintained
within this State for carrying |
| 18 | | debit balances of margin accounts,
without deduction |
| 19 | | of any costs incurred in carrying such accounts; and
|
| 20 | | (E) Any other gross income resulting from the |
| 21 | | operation as a
financial organization within this |
| 22 | | State. In computing the amounts
referred to in |
| 23 | | paragraphs (A) through (E) of this subsection, any |
| 24 | | amount
received by a member of an affiliated group |
| 25 | | (determined under Section
1504(a) of the Internal |
| 26 | | Revenue Code but without reference to whether
any such |
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| 1 | | corporation is an "includible corporation" under |
| 2 | | Section
1504(b) of the Internal Revenue Code) from |
| 3 | | another member of such group
shall be included only to |
| 4 | | the extent such amount exceeds expenses of the
|
| 5 | | recipient directly related thereto.
|
| 6 | | (2) International Banking Facility. For taxable years |
| 7 | | ending before December 31, 2008:
|
| 8 | | (A) Adjusted Income. The adjusted income of an |
| 9 | | international banking
facility is its income reduced |
| 10 | | by the amount of the floor amount.
|
| 11 | | (B) Floor Amount. The floor amount shall be the |
| 12 | | amount, if any,
determined
by multiplying the income of |
| 13 | | the international banking facility by a fraction,
not |
| 14 | | greater than one, which is determined as follows:
|
| 15 | | (i) The numerator shall be:
|
| 16 | | The average aggregate, determined on a |
| 17 | | quarterly basis, of the
financial
organization's |
| 18 | | loans to banks in foreign countries, to foreign |
| 19 | | domiciled
borrowers (except where secured |
| 20 | | primarily by real estate) and to foreign
|
| 21 | | governments and other foreign official |
| 22 | | institutions, as reported for its
branches, |
| 23 | | agencies and offices within the state on its |
| 24 | | "Consolidated Report
of Condition", Schedule A, |
| 25 | | Lines 2.c., 5.b., and 7.a., which was filed with
|
| 26 | | the Federal Deposit Insurance Corporation and |
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| 1 | | other regulatory authorities,
for the year 1980, |
| 2 | | minus
|
| 3 | | The average aggregate, determined on a |
| 4 | | quarterly basis, of such loans
(other
than loans of |
| 5 | | an international banking facility), as reported by |
| 6 | | the financial
institution for its branches, |
| 7 | | agencies and offices within the state, on
the |
| 8 | | corresponding Schedule and lines of the |
| 9 | | Consolidated Report of Condition
for the current |
| 10 | | taxable year, provided, however, that in no case |
| 11 | | shall the
amount determined in this clause (the |
| 12 | | subtrahend) exceed the amount determined
in the |
| 13 | | preceding clause (the minuend); and
|
| 14 | | (ii) the denominator shall be the average |
| 15 | | aggregate, determined on a
quarterly basis, of the |
| 16 | | international banking facility's loans to banks in
|
| 17 | | foreign countries, to foreign domiciled borrowers |
| 18 | | (except where secured
primarily by real estate) |
| 19 | | and to foreign governments and other foreign
|
| 20 | | official institutions, which were recorded in its |
| 21 | | financial accounts for
the current taxable year.
|
| 22 | | (C) Change to Consolidated Report of Condition and |
| 23 | | in Qualification.
In the event the Consolidated Report |
| 24 | | of Condition which is filed with the
Federal Deposit |
| 25 | | Insurance Corporation and other regulatory authorities |
| 26 | | is
altered so that the information required for |
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| 1 | | determining the floor amount
is not found on Schedule |
| 2 | | A, lines 2.c., 5.b. and 7.a., the financial
institution |
| 3 | | shall notify the Department and the Department may, by
|
| 4 | | regulations or otherwise, prescribe or authorize the |
| 5 | | use of an alternative
source for such information. The |
| 6 | | financial institution shall also notify
the Department |
| 7 | | should its international banking facility fail to |
| 8 | | qualify as
such, in whole or in part, or should there |
| 9 | | be any amendment or change to
the Consolidated Report |
| 10 | | of Condition, as originally filed, to the extent
such |
| 11 | | amendment or change alters the information used in |
| 12 | | determining the floor
amount.
|
| 13 | | (3) For taxable years ending on or after December 31, |
| 14 | | 2008, the business income of a financial organization shall |
| 15 | | be apportioned to this State by multiplying such income by |
| 16 | | a fraction, the numerator of which is its gross receipts |
| 17 | | from sources in this State or otherwise attributable to |
| 18 | | this State's marketplace and the denominator of which is |
| 19 | | its gross receipts everywhere during the taxable year. |
| 20 | | "Gross receipts" for purposes of this subparagraph (3) |
| 21 | | means gross income, including net taxable gain on |
| 22 | | disposition of assets, including securities and money |
| 23 | | market instruments, when derived from transactions and |
| 24 | | activities in the regular course of the financial |
| 25 | | organization's trade or business. The following examples |
| 26 | | are illustrative:
|
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| 1 | | (i) Receipts from the lease or rental of real or |
| 2 | | tangible personal property are in this State if the |
| 3 | | property is located in this State during the rental |
| 4 | | period. Receipts from the lease or rental of tangible |
| 5 | | personal property that is characteristically moving |
| 6 | | property, including, but not limited to, motor |
| 7 | | vehicles, rolling stock, aircraft, vessels, or mobile |
| 8 | | equipment are from sources in this State to the extent |
| 9 | | that the property is used in this State. |
| 10 | | (ii) Interest income, commissions, fees, gains on |
| 11 | | disposition, and other receipts from assets in the |
| 12 | | nature of loans that are secured primarily by real |
| 13 | | estate or tangible personal property are from sources |
| 14 | | in this State if the security is located in this State. |
| 15 | | (iii) Interest income, commissions, fees, gains on |
| 16 | | disposition, and other receipts from consumer loans |
| 17 | | that are not secured by real or tangible personal |
| 18 | | property are from sources in this State if the debtor |
| 19 | | is a resident of this State. |
| 20 | | (iv) Interest income, commissions, fees, gains on |
| 21 | | disposition, and other receipts from commercial loans |
| 22 | | and installment obligations that are not secured by |
| 23 | | real or tangible personal property are from sources in |
| 24 | | this State if the proceeds of the loan are to be |
| 25 | | applied in this State. If it cannot be determined where |
| 26 | | the funds are to be applied, the income and receipts |
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| 1 | | are from sources in this State if the office of the |
| 2 | | borrower from which the loan was negotiated in the |
| 3 | | regular course of business is located in this State. If |
| 4 | | the location of this office cannot be determined, the |
| 5 | | income and receipts shall be excluded from the |
| 6 | | numerator and denominator of the sales factor.
|
| 7 | | (v) Interest income, fees, gains on disposition, |
| 8 | | service charges, merchant discount income, and other |
| 9 | | receipts from credit card receivables are from sources |
| 10 | | in this State if the card charges are regularly billed |
| 11 | | to a customer in this State. |
| 12 | | (vi) Receipts from the performance of services, |
| 13 | | including, but not limited to, fiduciary, advisory, |
| 14 | | and brokerage services, are in this State if the |
| 15 | | services are received in this State within the meaning |
| 16 | | of subparagraph (a)(3)(C-5)(iv) of this Section. |
| 17 | | (vii) Receipts from the issuance of travelers |
| 18 | | checks and money orders are from sources in this State |
| 19 | | if the checks and money orders are issued from a |
| 20 | | location within this State. |
| 21 | | (viii) Receipts from investment assets and |
| 22 | | activities and trading assets and activities are |
| 23 | | included in the receipts factor as follows: |
| 24 | | (1) Interest, dividends, net gains (but not |
| 25 | | less than zero) and other income from investment |
| 26 | | assets and activities from trading assets and |
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| 1 | | activities shall be included in the receipts |
| 2 | | factor. Investment assets and activities and |
| 3 | | trading assets and activities include but are not |
| 4 | | limited to: investment securities; trading account |
| 5 | | assets; federal funds; securities purchased and |
| 6 | | sold under agreements to resell or repurchase; |
| 7 | | options; futures contracts; forward contracts; |
| 8 | | notional principal contracts such as swaps; |
| 9 | | equities; and foreign currency transactions. With |
| 10 | | respect to the investment and trading assets and |
| 11 | | activities described in subparagraphs (A) and (B) |
| 12 | | of this paragraph, the receipts factor shall |
| 13 | | include the amounts described in such |
| 14 | | subparagraphs. |
| 15 | | (A) The receipts factor shall include the |
| 16 | | amount by which interest from federal funds |
| 17 | | sold and securities purchased under resale |
| 18 | | agreements exceeds interest expense on federal |
| 19 | | funds purchased and securities sold under |
| 20 | | repurchase agreements. |
| 21 | | (B) The receipts factor shall include the |
| 22 | | amount by which interest, dividends, gains and |
| 23 | | other income from trading assets and |
| 24 | | activities, including but not limited to |
| 25 | | assets and activities in the matched book, in |
| 26 | | the arbitrage book, and foreign currency |
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| 1 | | transactions, exceed amounts paid in lieu of |
| 2 | | interest, amounts paid in lieu of dividends, |
| 3 | | and losses from such assets and activities. |
| 4 | | (2) The numerator of the receipts factor |
| 5 | | includes interest, dividends, net gains (but not |
| 6 | | less than zero), and other income from investment |
| 7 | | assets and activities and from trading assets and |
| 8 | | activities described in paragraph (1) of this |
| 9 | | subsection that are attributable to this State. |
| 10 | | (A) The amount of interest, dividends, net |
| 11 | | gains (but not less than zero), and other |
| 12 | | income from investment assets and activities |
| 13 | | in the investment account to be attributed to |
| 14 | | this State and included in the numerator is |
| 15 | | determined by multiplying all such income from |
| 16 | | such assets and activities by a fraction, the |
| 17 | | numerator of which is the gross income from |
| 18 | | such assets and activities which are properly |
| 19 | | assigned to a fixed place of business of the |
| 20 | | taxpayer within this State and the denominator |
| 21 | | of which is the gross income from all such |
| 22 | | assets and activities. |
| 23 | | (B) The amount of interest from federal |
| 24 | | funds sold and purchased and from securities |
| 25 | | purchased under resale agreements and |
| 26 | | securities sold under repurchase agreements |
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| 1 | | attributable to this State and included in the |
| 2 | | numerator is determined by multiplying the |
| 3 | | amount described in subparagraph (A) of |
| 4 | | paragraph (1) of this subsection from such |
| 5 | | funds and such securities by a fraction, the |
| 6 | | numerator of which is the gross income from |
| 7 | | such funds and such securities which are |
| 8 | | properly assigned to a fixed place of business |
| 9 | | of the taxpayer within this State and the |
| 10 | | denominator of which is the gross income from |
| 11 | | all such funds and such securities. |
| 12 | | (C) The amount of interest, dividends, |
| 13 | | gains, and other income from trading assets and |
| 14 | | activities, including but not limited to |
| 15 | | assets and activities in the matched book, in |
| 16 | | the arbitrage book and foreign currency |
| 17 | | transactions (but excluding amounts described |
| 18 | | in subparagraphs (A) or (B) of this paragraph), |
| 19 | | attributable to this State and included in the |
| 20 | | numerator is determined by multiplying the |
| 21 | | amount described in subparagraph (B) of |
| 22 | | paragraph (1) of this subsection by a fraction, |
| 23 | | the numerator of which is the gross income from |
| 24 | | such trading assets and activities which are |
| 25 | | properly assigned to a fixed place of business |
| 26 | | of the taxpayer within this State and the |
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| 1 | | denominator of which is the gross income from |
| 2 | | all such assets and activities. |
| 3 | | (D) Properly assigned, for purposes of |
| 4 | | this paragraph (2) of this subsection, means |
| 5 | | the investment or trading asset or activity is |
| 6 | | assigned to the fixed place of business with |
| 7 | | which it has a preponderance of substantive |
| 8 | | contacts. An investment or trading asset or |
| 9 | | activity assigned by the taxpayer to a fixed |
| 10 | | place of business without the State shall be |
| 11 | | presumed to have been properly assigned if: |
| 12 | | (i) the taxpayer has assigned, in the |
| 13 | | regular course of its business, such asset |
| 14 | | or activity on its records to a fixed place |
| 15 | | of business consistent with federal or |
| 16 | | state regulatory requirements; |
| 17 | | (ii) such assignment on its records is |
| 18 | | based upon substantive contacts of the |
| 19 | | asset or activity to such fixed place of |
| 20 | | business; and |
| 21 | | (iii) the taxpayer uses such records |
| 22 | | reflecting assignment of such assets or |
| 23 | | activities for the filing of all state and |
| 24 | | local tax returns for which an assignment |
| 25 | | of such assets or activities to a fixed |
| 26 | | place of business is required. |
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| 1 | | (E) The presumption of proper assignment |
| 2 | | of an investment or trading asset or activity |
| 3 | | provided in subparagraph (D) of paragraph (2) |
| 4 | | of this subsection may be rebutted upon a |
| 5 | | showing by the Department, supported by a |
| 6 | | preponderance of the evidence, that the |
| 7 | | preponderance of substantive contacts |
| 8 | | regarding such asset or activity did not occur |
| 9 | | at the fixed place of business to which it was |
| 10 | | assigned on the taxpayer's records. If the |
| 11 | | fixed place of business that has a |
| 12 | | preponderance of substantive contacts cannot |
| 13 | | be determined for an investment or trading |
| 14 | | asset or activity to which the presumption in |
| 15 | | subparagraph (D) of paragraph (2) of this |
| 16 | | subsection does not apply or with respect to |
| 17 | | which that presumption has been rebutted, that |
| 18 | | asset or activity is properly assigned to the |
| 19 | | state in which the taxpayer's commercial |
| 20 | | domicile is located. For purposes of this |
| 21 | | subparagraph (E), it shall be presumed, |
| 22 | | subject to rebuttal, that taxpayer's |
| 23 | | commercial domicile is in the state of the |
| 24 | | United States or the District of Columbia to |
| 25 | | which the greatest number of employees are |
| 26 | | regularly connected with the management of the |
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| 1 | | investment or trading income or out of which |
| 2 | | they are working, irrespective of where the |
| 3 | | services of such employees are performed, as of |
| 4 | | the last day of the taxable year.
|
| 5 | | (4) (Blank). |
| 6 | | (5) (Blank). |
| 7 | | (c-1) Federally regulated exchanges. For taxable years |
| 8 | | ending on or after December 31, 2012, business income of a |
| 9 | | federally regulated exchange shall, at the option of the |
| 10 | | federally regulated exchange, be apportioned to this State by |
| 11 | | multiplying such income by a fraction, the numerator of which |
| 12 | | is its business income from sources within this State, and the |
| 13 | | denominator of which is its business income from all sources. |
| 14 | | For purposes of this subsection, the business income within |
| 15 | | this State of a federally regulated exchange is the sum of the |
| 16 | | following: |
| 17 | | (1) Receipts attributable to transactions executed on |
| 18 | | a physical trading floor if that physical trading floor is |
| 19 | | located in this State. |
| 20 | | (2) Receipts attributable to all other matching, |
| 21 | | execution, or clearing transactions, including without |
| 22 | | limitation receipts from the provision of matching, |
| 23 | | execution, or clearing services to another entity, |
| 24 | | multiplied by (i) for taxable years ending on or after |
| 25 | | December 31, 2012 but before December 31, 2013, 63.77%; and |
| 26 | | (ii) for taxable years ending on or after December 31, |
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| 1 | | 2013, 27.54%. |
| 2 | | (3) All other receipts not governed by subparagraphs |
| 3 | | (1) or (2) of this subsection (c-1), to the extent the |
| 4 | | receipts would be characterized as "sales in this State" |
| 5 | | under item (3) of subsection (a) of this Section. |
| 6 | | "Federally regulated exchange" means (i) a "registered |
| 7 | | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), |
| 8 | | or (C), (ii) an "exchange" or "clearing agency" within the |
| 9 | | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such |
| 10 | | entities regulated under any successor regulatory structure to |
| 11 | | the foregoing, and (iv) all taxpayers who are members of the |
| 12 | | same unitary business group as a federally regulated exchange, |
| 13 | | determined without regard to the prohibition in Section |
| 14 | | 1501(a)(27) of this Act against including in a unitary business |
| 15 | | group taxpayers who are ordinarily required to apportion |
| 16 | | business income under different subsections of this Section; |
| 17 | | provided that this subparagraph (iv) shall apply only if 50% or |
| 18 | | more of the business receipts of the unitary business group |
| 19 | | determined by application of this subparagraph (iv) for the |
| 20 | | taxable year are attributable to the matching, execution, or |
| 21 | | clearing of transactions conducted by an entity described in |
| 22 | | subparagraph (i), (ii), or (iii) of this paragraph. |
| 23 | | In no event shall the Illinois apportionment percentage |
| 24 | | computed in accordance with this subsection (c-1) for any |
| 25 | | taxpayer for any tax year be less than the Illinois |
| 26 | | apportionment percentage computed under this subsection (c-1) |
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| 1 | | for that taxpayer for the first full tax year ending on or |
| 2 | | after December 31, 2013 for which this subsection (c-1) applied |
| 3 | | to the taxpayer. |
| 4 | | (d) Transportation services. For taxable years ending |
| 5 | | before December 31, 2008, business income derived from |
| 6 | | furnishing
transportation services shall be apportioned to |
| 7 | | this State in accordance
with paragraphs (1) and (2):
|
| 8 | | (1) Such business income (other than that derived from
|
| 9 | | transportation by pipeline) shall be apportioned to this |
| 10 | | State by
multiplying such income by a fraction, the |
| 11 | | numerator of which is the
revenue miles of the person in |
| 12 | | this State, and the denominator of which
is the revenue |
| 13 | | miles of the person everywhere. For purposes of this
|
| 14 | | paragraph, a revenue mile is the transportation of 1 |
| 15 | | passenger or 1 net
ton of freight the distance of 1 mile |
| 16 | | for a consideration. Where a
person is engaged in the |
| 17 | | transportation of both passengers and freight,
the |
| 18 | | fraction above referred to shall be determined by means of |
| 19 | | an
average of the passenger revenue mile fraction and the |
| 20 | | freight revenue
mile fraction, weighted to reflect the |
| 21 | | person's
|
| 22 | | (A) relative railway operating income from total |
| 23 | | passenger and total
freight service, as reported to the |
| 24 | | Interstate Commerce Commission, in
the case of |
| 25 | | transportation by railroad, and
|
| 26 | | (B) relative gross receipts from passenger and |
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| 1 | | freight
transportation, in case of transportation |
| 2 | | other than by railroad.
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| 3 | | (2) Such business income derived from transportation |
| 4 | | by pipeline
shall be apportioned to this State by |
| 5 | | multiplying such income by a
fraction, the numerator of |
| 6 | | which is the revenue miles of the person in
this State, and |
| 7 | | the denominator of which is the revenue miles of the
person |
| 8 | | everywhere. For the purposes of this paragraph, a revenue |
| 9 | | mile is
the transportation by pipeline of 1 barrel of oil, |
| 10 | | 1,000 cubic feet of
gas, or of any specified quantity of |
| 11 | | any other substance, the distance
of 1 mile for a |
| 12 | | consideration.
|
| 13 | | (3) For taxable years ending on or after December 31, |
| 14 | | 2008, business income derived from providing |
| 15 | | transportation services other than airline services shall |
| 16 | | be apportioned to this State by using a fraction, (a) the |
| 17 | | numerator of which shall be (i) all receipts from any |
| 18 | | movement or shipment of people, goods, mail, oil, gas, or |
| 19 | | any other substance (other than by airline) that both |
| 20 | | originates and terminates in this State, plus (ii) that |
| 21 | | portion of the person's gross receipts from movements or |
| 22 | | shipments of people, goods, mail, oil, gas, or any other |
| 23 | | substance (other than by airline) that originates in one |
| 24 | | state or jurisdiction and terminates in another state or |
| 25 | | jurisdiction, that is determined by the ratio that the |
| 26 | | miles traveled in this State bears to total miles |
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| 1 | | everywhere and (b) the denominator of which shall be all |
| 2 | | revenue derived from the movement or shipment of people, |
| 3 | | goods, mail, oil, gas, or any other substance (other than |
| 4 | | by airline). Where a taxpayer is engaged in the |
| 5 | | transportation of both passengers and freight, the |
| 6 | | fraction above referred to shall first be determined |
| 7 | | separately for passenger miles and freight miles. Then an |
| 8 | | average of the passenger miles fraction and the freight |
| 9 | | miles fraction shall be weighted to reflect the taxpayer's: |
| 10 | | (A) relative railway operating income from total |
| 11 | | passenger and total freight service, as reported to the |
| 12 | | Surface Transportation Board, in the case of |
| 13 | | transportation by railroad; and
|
| 14 | | (B) relative gross receipts from passenger and |
| 15 | | freight transportation, in case of transportation |
| 16 | | other than by railroad.
|
| 17 | | (4) For taxable years ending on or after December 31, |
| 18 | | 2008, business income derived from furnishing airline
|
| 19 | | transportation services shall be apportioned to this State |
| 20 | | by
multiplying such income by a fraction, the numerator of |
| 21 | | which is the
revenue miles of the person in this State, and |
| 22 | | the denominator of which
is the revenue miles of the person |
| 23 | | everywhere. For purposes of this
paragraph, a revenue mile |
| 24 | | is the transportation of one passenger or one net
ton of |
| 25 | | freight the distance of one mile for a consideration. If a
|
| 26 | | person is engaged in the transportation of both passengers |
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| 1 | | and freight,
the fraction above referred to shall be |
| 2 | | determined by means of an
average of the passenger revenue |
| 3 | | mile fraction and the freight revenue
mile fraction, |
| 4 | | weighted to reflect the person's relative gross receipts |
| 5 | | from passenger and freight
airline transportation.
|
| 6 | | (e) Combined apportionment. Where 2 or more persons are |
| 7 | | engaged in
a unitary business as described in subsection |
| 8 | | (a)(27) of
Section 1501,
a part of which is conducted in this |
| 9 | | State by one or more members of the
group, the business income |
| 10 | | attributable to this State by any such member
or members shall |
| 11 | | be apportioned by means of the combined apportionment method.
|
| 12 | | (f) Alternative allocation. If the allocation and |
| 13 | | apportionment
provisions of subsections (a) through (e) and of |
| 14 | | subsection (h) do not, for taxable years ending before December |
| 15 | | 31, 2008, fairly represent the
extent of a person's business |
| 16 | | activity in this State, or, for taxable years ending on or |
| 17 | | after December 31, 2008, fairly represent the market for the |
| 18 | | person's goods, services, or other sources of business income, |
| 19 | | the person may
petition for, or the Director may, without a |
| 20 | | petition, permit or require, in respect of all or any part
of |
| 21 | | the person's business activity, if reasonable:
|
| 22 | | (1) Separate accounting;
|
| 23 | | (2) The exclusion of any one or more factors;
|
| 24 | | (3) The inclusion of one or more additional factors |
| 25 | | which will
fairly represent the person's business |
| 26 | | activities or market in this State; or
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| 1 | | (4) The employment of any other method to effectuate an |
| 2 | | equitable
allocation and apportionment of the person's |
| 3 | | business income.
|
| 4 | | (g) Cross reference. For allocation of business income by |
| 5 | | residents,
see Section 301(a).
|
| 6 | | (h) For tax years ending on or after December 31, 1998, the |
| 7 | | apportionment
factor of persons who apportion their business |
| 8 | | income to this State under
subsection (a) shall be equal to:
|
| 9 | | (1) for tax years ending on or after December 31, 1998 |
| 10 | | and before December
31, 1999, 16 2/3% of the property |
| 11 | | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of |
| 12 | | the sales factor;
|
| 13 | | (2) for tax years ending on or after December 31, 1999 |
| 14 | | and before December
31,
2000, 8 1/3% of the property factor |
| 15 | | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales |
| 16 | | factor;
|
| 17 | | (3) for tax years ending on or after December 31, 2000, |
| 18 | | the sales factor.
|
| 19 | | If, in any tax year ending on or after December 31, 1998 and |
| 20 | | before December
31, 2000, the denominator of the payroll, |
| 21 | | property, or sales factor is zero,
the apportionment
factor |
| 22 | | computed in paragraph (1) or (2) of this subsection for that |
| 23 | | year shall
be divided by an amount equal to 100% minus the |
| 24 | | percentage weight given to each
factor whose denominator is |
| 25 | | equal to zero.
|
| 26 | | (Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12; |
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| 1 | | 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; revised 9-9-13.)
|
| 2 | | Section 175. The Use Tax Act is amended by changing |
| 3 | | Sections 3-5 and 9 as follows:
|
| 4 | | (35 ILCS 105/3-5)
|
| 5 | | Sec. 3-5. Exemptions. Use of the following tangible |
| 6 | | personal property
is exempt from the tax imposed by this Act:
|
| 7 | | (1) Personal property purchased from a corporation, |
| 8 | | society, association,
foundation, institution, or |
| 9 | | organization, other than a limited liability
company, that is |
| 10 | | organized and operated as a not-for-profit service enterprise
|
| 11 | | for the benefit of persons 65 years of age or older if the |
| 12 | | personal property
was not purchased by the enterprise for the |
| 13 | | purpose of resale by the
enterprise.
|
| 14 | | (2) Personal property purchased by a not-for-profit |
| 15 | | Illinois county
fair association for use in conducting, |
| 16 | | operating, or promoting the
county fair.
|
| 17 | | (3) Personal property purchased by a not-for-profit
arts or |
| 18 | | cultural organization that establishes, by proof required by |
| 19 | | the
Department by
rule, that it has received an exemption under |
| 20 | | Section 501(c)(3) of the Internal
Revenue Code and that is |
| 21 | | organized and operated primarily for the
presentation
or |
| 22 | | support of arts or cultural programming, activities, or |
| 23 | | services. These
organizations include, but are not limited to, |
| 24 | | music and dramatic arts
organizations such as symphony |
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| 1 | | orchestras and theatrical groups, arts and
cultural service |
| 2 | | organizations, local arts councils, visual arts organizations,
|
| 3 | | and media arts organizations.
On and after the effective date |
| 4 | | of this amendatory Act of the 92nd General
Assembly, however, |
| 5 | | an entity otherwise eligible for this exemption shall not
make |
| 6 | | tax-free purchases unless it has an active identification |
| 7 | | number issued by
the Department.
|
| 8 | | (4) Personal property purchased by a governmental body, by |
| 9 | | a
corporation, society, association, foundation, or |
| 10 | | institution organized and
operated exclusively for charitable, |
| 11 | | religious, or educational purposes, or
by a not-for-profit |
| 12 | | corporation, society, association, foundation,
institution, or |
| 13 | | organization that has no compensated officers or employees
and |
| 14 | | that is organized and operated primarily for the recreation of |
| 15 | | persons
55 years of age or older. A limited liability company |
| 16 | | may qualify for the
exemption under this paragraph only if the |
| 17 | | limited liability company is
organized and operated |
| 18 | | exclusively for educational purposes. On and after July
1, |
| 19 | | 1987, however, no entity otherwise eligible for this exemption |
| 20 | | shall make
tax-free purchases unless it has an active exemption |
| 21 | | identification number
issued by the Department.
|
| 22 | | (5) Until July 1, 2003, a passenger car that is a |
| 23 | | replacement vehicle to
the extent that the
purchase price of |
| 24 | | the car is subject to the Replacement Vehicle Tax.
|
| 25 | | (6) Until July 1, 2003 and beginning again on September 1, |
| 26 | | 2004 through August 30, 2014, graphic arts machinery and |
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| 1 | | equipment, including
repair and replacement
parts, both new and |
| 2 | | used, and including that manufactured on special order,
|
| 3 | | certified by the purchaser to be used primarily for graphic |
| 4 | | arts production,
and including machinery and equipment |
| 5 | | purchased for lease.
Equipment includes chemicals or chemicals |
| 6 | | acting as catalysts but only if
the
chemicals or chemicals |
| 7 | | acting as catalysts effect a direct and immediate change
upon a |
| 8 | | graphic arts product.
|
| 9 | | (7) Farm chemicals.
|
| 10 | | (8) Legal tender, currency, medallions, or gold or silver |
| 11 | | coinage issued by
the State of Illinois, the government of the |
| 12 | | United States of America, or the
government of any foreign |
| 13 | | country, and bullion.
|
| 14 | | (9) Personal property purchased from a teacher-sponsored |
| 15 | | student
organization affiliated with an elementary or |
| 16 | | secondary school located in
Illinois.
|
| 17 | | (10) A motor vehicle that is used for automobile renting, |
| 18 | | as defined in the
Automobile Renting Occupation and Use Tax |
| 19 | | Act.
|
| 20 | | (11) Farm machinery and equipment, both new and used,
|
| 21 | | including that manufactured on special order, certified by the |
| 22 | | purchaser
to be used primarily for production agriculture or |
| 23 | | State or federal
agricultural programs, including individual |
| 24 | | replacement parts for
the machinery and equipment, including |
| 25 | | machinery and equipment
purchased
for lease,
and including |
| 26 | | implements of husbandry defined in Section 1-130 of
the |
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| 1 | | Illinois Vehicle Code, farm machinery and agricultural |
| 2 | | chemical and
fertilizer spreaders, and nurse wagons required to |
| 3 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
| 4 | | but excluding other motor
vehicles required to be
registered |
| 5 | | under the Illinois Vehicle Code.
Horticultural polyhouses or |
| 6 | | hoop houses used for propagating, growing, or
overwintering |
| 7 | | plants shall be considered farm machinery and equipment under
|
| 8 | | this item (11).
Agricultural chemical tender tanks and dry |
| 9 | | boxes shall include units sold
separately from a motor vehicle |
| 10 | | required to be licensed and units sold mounted
on a motor |
| 11 | | vehicle required to be licensed if the selling price of the |
| 12 | | tender
is separately stated.
|
| 13 | | Farm machinery and equipment shall include precision |
| 14 | | farming equipment
that is
installed or purchased to be |
| 15 | | installed on farm machinery and equipment
including, but not |
| 16 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
| 17 | | or spreaders.
Precision farming equipment includes, but is not |
| 18 | | limited to, soil testing
sensors, computers, monitors, |
| 19 | | software, global positioning
and mapping systems, and other |
| 20 | | such equipment.
|
| 21 | | Farm machinery and equipment also includes computers, |
| 22 | | sensors, software, and
related equipment used primarily in the
|
| 23 | | computer-assisted operation of production agriculture |
| 24 | | facilities, equipment,
and
activities such as, but not limited |
| 25 | | to,
the collection, monitoring, and correlation of
animal and |
| 26 | | crop data for the purpose of
formulating animal diets and |
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| 1 | | agricultural chemicals. This item (11) is exempt
from the |
| 2 | | provisions of
Section 3-90.
|
| 3 | | (12) Until June 30, 2013, fuel and petroleum products sold |
| 4 | | to or used by an air common
carrier, certified by the carrier |
| 5 | | to be used for consumption, shipment, or
storage in the conduct |
| 6 | | of its business as an air common carrier, for a
flight destined |
| 7 | | for or returning from a location or locations
outside the |
| 8 | | United States without regard to previous or subsequent domestic
|
| 9 | | stopovers.
|
| 10 | | Beginning July 1, 2013, fuel and petroleum products sold to |
| 11 | | or used by an air carrier, certified by the carrier to be used |
| 12 | | for consumption, shipment, or storage in the conduct of its |
| 13 | | business as an air common carrier, for a flight that (i) is |
| 14 | | engaged in foreign trade or is engaged in trade between the |
| 15 | | United States and any of its possessions and (ii) transports at |
| 16 | | least one individual or package for hire from the city of |
| 17 | | origination to the city of final destination on the same |
| 18 | | aircraft, without regard to a change in the flight number of |
| 19 | | that aircraft. |
| 20 | | (13) Proceeds of mandatory service charges separately
|
| 21 | | stated on customers' bills for the purchase and consumption of |
| 22 | | food and
beverages purchased at retail from a retailer, to the |
| 23 | | extent that the proceeds
of the service charge are in fact |
| 24 | | turned over as tips or as a substitute
for tips to the |
| 25 | | employees who participate directly in preparing, serving,
|
| 26 | | hosting or cleaning up the food or beverage function with |
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| 1 | | respect to which
the service charge is imposed.
|
| 2 | | (14) Until July 1, 2003, oil field exploration, drilling, |
| 3 | | and production
equipment,
including (i) rigs and parts of rigs, |
| 4 | | rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and |
| 5 | | tubular goods,
including casing and drill strings, (iii) pumps |
| 6 | | and pump-jack units, (iv)
storage tanks and flow lines, (v) any |
| 7 | | individual replacement part for oil
field exploration, |
| 8 | | drilling, and production equipment, and (vi) machinery and
|
| 9 | | equipment purchased
for lease; but excluding motor vehicles |
| 10 | | required to be registered under the
Illinois Vehicle Code.
|
| 11 | | (15) Photoprocessing machinery and equipment, including |
| 12 | | repair and
replacement parts, both new and used, including that
|
| 13 | | manufactured on special order, certified by the purchaser to be |
| 14 | | used
primarily for photoprocessing, and including
|
| 15 | | photoprocessing machinery and equipment purchased for lease.
|
| 16 | | (16) Coal and aggregate exploration, mining, off-highway |
| 17 | | offhighway hauling,
processing, maintenance, and reclamation |
| 18 | | equipment,
including replacement parts and equipment, and
|
| 19 | | including equipment purchased for lease, but excluding motor
|
| 20 | | vehicles required to be registered under the Illinois Vehicle |
| 21 | | Code. The changes made to this Section by Public Act 97-767 |
| 22 | | apply on and after July 1, 2003, but no claim for credit or |
| 23 | | refund is allowed on or after August 16, 2013 (the effective |
| 24 | | date of Public Act 98-456) this amendatory Act of the 98th |
| 25 | | General Assembly
for such taxes paid during the period |
| 26 | | beginning July 1, 2003 and ending on August 16, 2013 (the |
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| 1 | | effective date of Public Act 98-456) this amendatory Act of the |
| 2 | | 98th General Assembly.
|
| 3 | | (17) Until July 1, 2003, distillation machinery and |
| 4 | | equipment, sold as a
unit or kit,
assembled or installed by the |
| 5 | | retailer, certified by the user to be used
only for the |
| 6 | | production of ethyl alcohol that will be used for consumption
|
| 7 | | as motor fuel or as a component of motor fuel for the personal |
| 8 | | use of the
user, and not subject to sale or resale.
|
| 9 | | (18) Manufacturing and assembling machinery and equipment |
| 10 | | used
primarily in the process of manufacturing or assembling |
| 11 | | tangible
personal property for wholesale or retail sale or |
| 12 | | lease, whether that sale
or lease is made directly by the |
| 13 | | manufacturer or by some other person,
whether the materials |
| 14 | | used in the process are
owned by the manufacturer or some other |
| 15 | | person, or whether that sale or
lease is made apart from or as |
| 16 | | an incident to the seller's engaging in
the service occupation |
| 17 | | of producing machines, tools, dies, jigs,
patterns, gauges, or |
| 18 | | other similar items of no commercial value on
special order for |
| 19 | | a particular purchaser. The exemption provided by this |
| 20 | | paragraph (18) does not include machinery and equipment used in |
| 21 | | (i) the generation of electricity for wholesale or retail sale; |
| 22 | | (ii) the generation or treatment of natural or artificial gas |
| 23 | | for wholesale or retail sale that is delivered to customers |
| 24 | | through pipes, pipelines, or mains; or (iii) the treatment of |
| 25 | | water for wholesale or retail sale that is delivered to |
| 26 | | customers through pipes, pipelines, or mains. The provisions of |
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| 1 | | Public Act 98-583 this amendatory Act of the 98th General |
| 2 | | Assembly are declaratory of existing law as to the meaning and |
| 3 | | scope of this exemption.
|
| 4 | | (19) Personal property delivered to a purchaser or |
| 5 | | purchaser's donee
inside Illinois when the purchase order for |
| 6 | | that personal property was
received by a florist located |
| 7 | | outside Illinois who has a florist located
inside Illinois |
| 8 | | deliver the personal property.
|
| 9 | | (20) Semen used for artificial insemination of livestock |
| 10 | | for direct
agricultural production.
|
| 11 | | (21) Horses, or interests in horses, registered with and |
| 12 | | meeting the
requirements of any of the
Arabian Horse Club |
| 13 | | Registry of America, Appaloosa Horse Club, American Quarter
|
| 14 | | Horse Association, United States
Trotting Association, or |
| 15 | | Jockey Club, as appropriate, used for
purposes of breeding or |
| 16 | | racing for prizes. This item (21) is exempt from the provisions |
| 17 | | of Section 3-90, and the exemption provided for under this item |
| 18 | | (21) applies for all periods beginning May 30, 1995, but no |
| 19 | | claim for credit or refund is allowed on or after January 1, |
| 20 | | 2008
for such taxes paid during the period beginning May 30, |
| 21 | | 2000 and ending on January 1, 2008.
|
| 22 | | (22) Computers and communications equipment utilized for |
| 23 | | any
hospital
purpose
and equipment used in the diagnosis,
|
| 24 | | analysis, or treatment of hospital patients purchased by a |
| 25 | | lessor who leases
the
equipment, under a lease of one year or |
| 26 | | longer executed or in effect at the
time the lessor would |
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| 1 | | otherwise be subject to the tax imposed by this Act, to a
|
| 2 | | hospital
that has been issued an active tax exemption |
| 3 | | identification number by
the
Department under Section 1g of the |
| 4 | | Retailers' Occupation Tax Act. If the
equipment is leased in a |
| 5 | | manner that does not qualify for
this exemption or is used in |
| 6 | | any other non-exempt manner, the lessor
shall be liable for the
|
| 7 | | tax imposed under this Act or the Service Use Tax Act, as the |
| 8 | | case may
be, based on the fair market value of the property at |
| 9 | | the time the
non-qualifying use occurs. No lessor shall collect |
| 10 | | or attempt to collect an
amount (however
designated) that |
| 11 | | purports to reimburse that lessor for the tax imposed by this
|
| 12 | | Act or the Service Use Tax Act, as the case may be, if the tax |
| 13 | | has not been
paid by the lessor. If a lessor improperly |
| 14 | | collects any such amount from the
lessee, the lessee shall have |
| 15 | | a legal right to claim a refund of that amount
from the lessor. |
| 16 | | If, however, that amount is not refunded to the lessee for
any |
| 17 | | reason, the lessor is liable to pay that amount to the |
| 18 | | Department.
|
| 19 | | (23) Personal property purchased by a lessor who leases the
|
| 20 | | property, under
a
lease of
one year or longer executed or in |
| 21 | | effect at the time
the lessor would otherwise be subject to the |
| 22 | | tax imposed by this Act,
to a governmental body
that has been |
| 23 | | issued an active sales tax exemption identification number by |
| 24 | | the
Department under Section 1g of the Retailers' Occupation |
| 25 | | Tax Act.
If the
property is leased in a manner that does not |
| 26 | | qualify for
this exemption
or used in any other non-exempt |
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| 1 | | manner, the lessor shall be liable for the
tax imposed under |
| 2 | | this Act or the Service Use Tax Act, as the case may
be, based |
| 3 | | on the fair market value of the property at the time the
|
| 4 | | non-qualifying use occurs. No lessor shall collect or attempt |
| 5 | | to collect an
amount (however
designated) that purports to |
| 6 | | reimburse that lessor for the tax imposed by this
Act or the |
| 7 | | Service Use Tax Act, as the case may be, if the tax has not been
|
| 8 | | paid by the lessor. If a lessor improperly collects any such |
| 9 | | amount from the
lessee, the lessee shall have a legal right to |
| 10 | | claim a refund of that amount
from the lessor. If, however, |
| 11 | | that amount is not refunded to the lessee for
any reason, the |
| 12 | | lessor is liable to pay that amount to the Department.
|
| 13 | | (24) Beginning with taxable years ending on or after |
| 14 | | December
31, 1995
and
ending with taxable years ending on or |
| 15 | | before December 31, 2004,
personal property that is
donated for |
| 16 | | disaster relief to be used in a State or federally declared
|
| 17 | | disaster area in Illinois or bordering Illinois by a |
| 18 | | manufacturer or retailer
that is registered in this State to a |
| 19 | | corporation, society, association,
foundation, or institution |
| 20 | | that has been issued a sales tax exemption
identification |
| 21 | | number by the Department that assists victims of the disaster
|
| 22 | | who reside within the declared disaster area.
|
| 23 | | (25) Beginning with taxable years ending on or after |
| 24 | | December
31, 1995 and
ending with taxable years ending on or |
| 25 | | before December 31, 2004, personal
property that is used in the |
| 26 | | performance of infrastructure repairs in this
State, including |
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| 1 | | but not limited to municipal roads and streets, access roads,
|
| 2 | | bridges, sidewalks, waste disposal systems, water and sewer |
| 3 | | line extensions,
water distribution and purification |
| 4 | | facilities, storm water drainage and
retention facilities, and |
| 5 | | sewage treatment facilities, resulting from a State
or |
| 6 | | federally declared disaster in Illinois or bordering Illinois |
| 7 | | when such
repairs are initiated on facilities located in the |
| 8 | | declared disaster area
within 6 months after the disaster.
|
| 9 | | (26) Beginning July 1, 1999, game or game birds purchased |
| 10 | | at a "game
breeding
and hunting preserve area" as that term is
|
| 11 | | used in
the Wildlife Code. This paragraph is exempt from the |
| 12 | | provisions
of
Section 3-90.
|
| 13 | | (27) A motor vehicle, as that term is defined in Section |
| 14 | | 1-146
of the
Illinois
Vehicle Code, that is donated to a |
| 15 | | corporation, limited liability company,
society, association, |
| 16 | | foundation, or institution that is determined by the
Department |
| 17 | | to be organized and operated exclusively for educational |
| 18 | | purposes.
For purposes of this exemption, "a corporation, |
| 19 | | limited liability company,
society, association, foundation, |
| 20 | | or institution organized and operated
exclusively for |
| 21 | | educational purposes" means all tax-supported public schools,
|
| 22 | | private schools that offer systematic instruction in useful |
| 23 | | branches of
learning by methods common to public schools and |
| 24 | | that compare favorably in
their scope and intensity with the |
| 25 | | course of study presented in tax-supported
schools, and |
| 26 | | vocational or technical schools or institutes organized and
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| 1 | | operated exclusively to provide a course of study of not less |
| 2 | | than 6 weeks
duration and designed to prepare individuals to |
| 3 | | follow a trade or to pursue a
manual, technical, mechanical, |
| 4 | | industrial, business, or commercial
occupation.
|
| 5 | | (28) Beginning January 1, 2000, personal property, |
| 6 | | including
food,
purchased through fundraising
events for the |
| 7 | | benefit of
a public or private elementary or
secondary school, |
| 8 | | a group of those schools, or one or more school
districts if |
| 9 | | the events are
sponsored by an entity recognized by the school |
| 10 | | district that consists
primarily of volunteers and includes
|
| 11 | | parents and teachers of the school children. This paragraph |
| 12 | | does not apply
to fundraising
events (i) for the benefit of |
| 13 | | private home instruction or (ii)
for which the fundraising |
| 14 | | entity purchases the personal property sold at
the events from |
| 15 | | another individual or entity that sold the property for the
|
| 16 | | purpose of resale by the fundraising entity and that
profits |
| 17 | | from the sale to the
fundraising entity. This paragraph is |
| 18 | | exempt
from the provisions
of Section 3-90.
|
| 19 | | (29) Beginning January 1, 2000 and through December 31, |
| 20 | | 2001, new or
used automatic vending
machines that prepare and |
| 21 | | serve hot food and beverages, including coffee, soup,
and
other |
| 22 | | items, and replacement parts for these machines.
Beginning |
| 23 | | January 1,
2002 and through June 30, 2003, machines and parts |
| 24 | | for machines used in
commercial, coin-operated amusement and |
| 25 | | vending business if a use or occupation
tax is paid on the |
| 26 | | gross receipts derived from the use of the commercial,
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| 1 | | coin-operated amusement and vending machines.
This
paragraph
|
| 2 | | is exempt from the provisions of Section 3-90.
|
| 3 | | (30) Beginning January 1, 2001 and through June 30, 2016, |
| 4 | | food for human consumption that is to be consumed off the |
| 5 | | premises
where it is sold (other than alcoholic beverages, soft |
| 6 | | drinks, and food that
has been prepared for immediate |
| 7 | | consumption) and prescription and
nonprescription medicines, |
| 8 | | drugs, medical appliances, and insulin, urine
testing |
| 9 | | materials, syringes, and needles used by diabetics, for human |
| 10 | | use, when
purchased for use by a person receiving medical |
| 11 | | assistance under Article V of
the Illinois Public Aid Code who |
| 12 | | resides in a licensed long-term care facility,
as defined in |
| 13 | | the Nursing Home Care Act, or in a licensed facility as defined |
| 14 | | in the ID/DD Community Care Act or the Specialized Mental |
| 15 | | Health Rehabilitation Act of 2013.
|
| 16 | | (31) Beginning on
the effective date of this amendatory Act |
| 17 | | of the 92nd General Assembly,
computers and communications |
| 18 | | equipment
utilized for any hospital purpose and equipment used |
| 19 | | in the diagnosis,
analysis, or treatment of hospital patients |
| 20 | | purchased by a lessor who leases
the equipment, under a lease |
| 21 | | of one year or longer executed or in effect at the
time the |
| 22 | | lessor would otherwise be subject to the tax imposed by this |
| 23 | | Act, to a
hospital that has been issued an active tax exemption |
| 24 | | identification number by
the Department under Section 1g of the |
| 25 | | Retailers' Occupation Tax Act. If the
equipment is leased in a |
| 26 | | manner that does not qualify for this exemption or is
used in |
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| 1 | | any other nonexempt manner, the lessor shall be liable for the |
| 2 | | tax
imposed under this Act or the Service Use Tax Act, as the |
| 3 | | case may be, based on
the fair market value of the property at |
| 4 | | the time the nonqualifying use
occurs. No lessor shall collect |
| 5 | | or attempt to collect an amount (however
designated) that |
| 6 | | purports to reimburse that lessor for the tax imposed by this
|
| 7 | | Act or the Service Use Tax Act, as the case may be, if the tax |
| 8 | | has not been
paid by the lessor. If a lessor improperly |
| 9 | | collects any such amount from the
lessee, the lessee shall have |
| 10 | | a legal right to claim a refund of that amount
from the lessor. |
| 11 | | If, however, that amount is not refunded to the lessee for
any |
| 12 | | reason, the lessor is liable to pay that amount to the |
| 13 | | Department.
This paragraph is exempt from the provisions of |
| 14 | | Section 3-90.
|
| 15 | | (32) Beginning on
the effective date of this amendatory Act |
| 16 | | of the 92nd General Assembly,
personal property purchased by a |
| 17 | | lessor who leases the property,
under a lease of one year or |
| 18 | | longer executed or in effect at the time the
lessor would |
| 19 | | otherwise be subject to the tax imposed by this Act, to a
|
| 20 | | governmental body that has been issued an active sales tax |
| 21 | | exemption
identification number by the Department under |
| 22 | | Section 1g of the Retailers'
Occupation Tax Act. If the |
| 23 | | property is leased in a manner that does not
qualify for this |
| 24 | | exemption or used in any other nonexempt manner, the lessor
|
| 25 | | shall be liable for the tax imposed under this Act or the |
| 26 | | Service Use Tax Act,
as the case may be, based on the fair |
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| 1 | | market value of the property at the time
the nonqualifying use |
| 2 | | occurs. No lessor shall collect or attempt to collect
an amount |
| 3 | | (however designated) that purports to reimburse that lessor for |
| 4 | | the
tax imposed by this Act or the Service Use Tax Act, as the |
| 5 | | case may be, if the
tax has not been paid by the lessor. If a |
| 6 | | lessor improperly collects any such
amount from the lessee, the |
| 7 | | lessee shall have a legal right to claim a refund
of that |
| 8 | | amount from the lessor. If, however, that amount is not |
| 9 | | refunded to
the lessee for any reason, the lessor is liable to |
| 10 | | pay that amount to the
Department. This paragraph is exempt |
| 11 | | from the provisions of Section 3-90.
|
| 12 | | (33) On and after July 1, 2003 and through June 30, 2004, |
| 13 | | the use in this State of motor vehicles of
the second division |
| 14 | | with a gross vehicle weight in excess of 8,000 pounds and
that |
| 15 | | are subject to the commercial distribution fee imposed under |
| 16 | | Section
3-815.1 of the Illinois Vehicle Code. Beginning on July |
| 17 | | 1, 2004 and through June 30, 2005, the use in this State of |
| 18 | | motor vehicles of the second division: (i) with a gross vehicle |
| 19 | | weight rating in excess of 8,000 pounds; (ii) that are subject |
| 20 | | to the commercial distribution fee imposed under Section |
| 21 | | 3-815.1 of the Illinois Vehicle Code; and (iii) that are |
| 22 | | primarily used for commercial purposes. Through June 30, 2005, |
| 23 | | this exemption applies to repair and
replacement parts added |
| 24 | | after the initial purchase of such a motor vehicle if
that |
| 25 | | motor
vehicle is used in a manner that would qualify for the |
| 26 | | rolling stock exemption
otherwise provided for in this Act. For |
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| 1 | | purposes of this paragraph, the term "used for commercial |
| 2 | | purposes" means the transportation of persons or property in |
| 3 | | furtherance of any commercial or industrial enterprise, |
| 4 | | whether for-hire or not.
|
| 5 | | (34) Beginning January 1, 2008, tangible personal property |
| 6 | | used in the construction or maintenance of a community water |
| 7 | | supply, as defined under Section 3.145 of the Environmental |
| 8 | | Protection Act, that is operated by a not-for-profit |
| 9 | | corporation that holds a valid water supply permit issued under |
| 10 | | Title IV of the Environmental Protection Act. This paragraph is |
| 11 | | exempt from the provisions of Section 3-90. |
| 12 | | (35) Beginning January 1, 2010, materials, parts, |
| 13 | | equipment, components, and furnishings incorporated into or |
| 14 | | upon an aircraft as part of the modification, refurbishment, |
| 15 | | completion, replacement, repair, or maintenance of the |
| 16 | | aircraft. This exemption includes consumable supplies used in |
| 17 | | the modification, refurbishment, completion, replacement, |
| 18 | | repair, and maintenance of aircraft, but excludes any |
| 19 | | materials, parts, equipment, components, and consumable |
| 20 | | supplies used in the modification, replacement, repair, and |
| 21 | | maintenance of aircraft engines or power plants, whether such |
| 22 | | engines or power plants are installed or uninstalled upon any |
| 23 | | such aircraft. "Consumable supplies" include, but are not |
| 24 | | limited to, adhesive, tape, sandpaper, general purpose |
| 25 | | lubricants, cleaning solution, latex gloves, and protective |
| 26 | | films. This exemption applies only to the use of qualifying |
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| 1 | | tangible personal property by persons who modify, refurbish, |
| 2 | | complete, repair, replace, or maintain aircraft and who (i) |
| 3 | | hold an Air Agency Certificate and are empowered to operate an |
| 4 | | approved repair station by the Federal Aviation |
| 5 | | Administration, (ii) have a Class IV Rating, and (iii) conduct |
| 6 | | operations in accordance with Part 145 of the Federal Aviation |
| 7 | | Regulations. The exemption does not include aircraft operated |
| 8 | | by a commercial air carrier providing scheduled passenger air |
| 9 | | service pursuant to authority issued under Part 121 or Part 129 |
| 10 | | of the Federal Aviation Regulations. The changes made to this |
| 11 | | paragraph (35) by Public Act 98-534 this amendatory Act of the |
| 12 | | 98th General Assembly are declarative of existing law. |
| 13 | | (36) Tangible personal property purchased by a |
| 14 | | public-facilities corporation, as described in Section |
| 15 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
| 16 | | constructing or furnishing a municipal convention hall, but |
| 17 | | only if the legal title to the municipal convention hall is |
| 18 | | transferred to the municipality without any further |
| 19 | | consideration by or on behalf of the municipality at the time |
| 20 | | of the completion of the municipal convention hall or upon the |
| 21 | | retirement or redemption of any bonds or other debt instruments |
| 22 | | issued by the public-facilities corporation in connection with |
| 23 | | the development of the municipal convention hall. This |
| 24 | | exemption includes existing public-facilities corporations as |
| 25 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
| 26 | | This paragraph is exempt from the provisions of Section 3-90. |
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| 1 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, |
| 2 | | eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104, |
| 3 | | eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13; |
| 4 | | 98-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14; |
| 5 | | revised 9-9-13.)
|
| 6 | | (35 ILCS 105/9) (from Ch. 120, par. 439.9) |
| 7 | | Sec. 9. Except as to motor vehicles, watercraft, aircraft, |
| 8 | | and
trailers that are required to be registered with an agency |
| 9 | | of this State,
each retailer
required or authorized to collect |
| 10 | | the tax imposed by this Act shall pay
to the Department the |
| 11 | | amount of such tax (except as otherwise provided)
at the time |
| 12 | | when he is required to file his return for the period during
|
| 13 | | which such tax was collected, less a discount of 2.1% prior to
|
| 14 | | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 |
| 15 | | per calendar
year, whichever is greater, which is allowed to |
| 16 | | reimburse the retailer
for expenses incurred in collecting the |
| 17 | | tax, keeping records, preparing
and filing returns, remitting |
| 18 | | the tax and supplying data to the
Department on request. In the |
| 19 | | case of retailers who report and pay the
tax on a transaction |
| 20 | | by transaction basis, as provided in this Section,
such |
| 21 | | discount shall be taken with each such tax remittance instead |
| 22 | | of
when such retailer files his periodic return. The Department |
| 23 | | may disallow the discount for retailers whose certificate of |
| 24 | | registration is revoked at the time the return is filed, but |
| 25 | | only if the Department's decision to revoke the certificate of |
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| 1 | | registration has become final. A retailer need not remit
that |
| 2 | | part of any tax collected by him to the extent that he is |
| 3 | | required
to remit and does remit the tax imposed by the |
| 4 | | Retailers' Occupation
Tax Act, with respect to the sale of the |
| 5 | | same property. |
| 6 | | Where such tangible personal property is sold under a |
| 7 | | conditional
sales contract, or under any other form of sale |
| 8 | | wherein the payment of
the principal sum, or a part thereof, is |
| 9 | | extended beyond the close of
the period for which the return is |
| 10 | | filed, the retailer, in collecting
the tax (except as to motor |
| 11 | | vehicles, watercraft, aircraft, and
trailers that are required |
| 12 | | to be registered with an agency of this State),
may collect for |
| 13 | | each
tax return period, only the tax applicable to that part of |
| 14 | | the selling
price actually received during such tax return |
| 15 | | period. |
| 16 | | Except as provided in this Section, on or before the |
| 17 | | twentieth day of each
calendar month, such retailer shall file |
| 18 | | a return for the preceding
calendar month. Such return shall be |
| 19 | | filed on forms prescribed by the
Department and shall furnish |
| 20 | | such information as the Department may
reasonably require. |
| 21 | | The Department may require returns to be filed on a |
| 22 | | quarterly basis.
If so required, a return for each calendar |
| 23 | | quarter shall be filed on or
before the twentieth day of the |
| 24 | | calendar month following the end of such
calendar quarter. The |
| 25 | | taxpayer shall also file a return with the
Department for each |
| 26 | | of the first two months of each calendar quarter, on or
before |
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| 1 | | the twentieth day of the following calendar month, stating: |
| 2 | | 1. The name of the seller; |
| 3 | | 2. The address of the principal place of business from |
| 4 | | which he engages
in the business of selling tangible |
| 5 | | personal property at retail in this State; |
| 6 | | 3. The total amount of taxable receipts received by him |
| 7 | | during the
preceding calendar month from sales of tangible |
| 8 | | personal property by him
during such preceding calendar |
| 9 | | month, including receipts from charge and
time sales, but |
| 10 | | less all deductions allowed by law; |
| 11 | | 4. The amount of credit provided in Section 2d of this |
| 12 | | Act; |
| 13 | | 5. The amount of tax due; |
| 14 | | 5-5. The signature of the taxpayer; and |
| 15 | | 6. Such other reasonable information as the Department |
| 16 | | may
require. |
| 17 | | If a taxpayer fails to sign a return within 30 days after |
| 18 | | the proper notice
and demand for signature by the Department, |
| 19 | | the return shall be considered
valid and any amount shown to be |
| 20 | | due on the return shall be deemed assessed. |
| 21 | | Beginning October 1, 1993, a taxpayer who has an average |
| 22 | | monthly tax
liability of $150,000 or more shall make all |
| 23 | | payments required by rules of the
Department by electronic |
| 24 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
| 25 | | an average monthly tax liability of $100,000 or more shall make |
| 26 | | all
payments required by rules of the Department by electronic |
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| 1 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has |
| 2 | | an average monthly tax liability
of $50,000 or more shall make |
| 3 | | all payments required by rules of the Department
by electronic |
| 4 | | funds transfer. Beginning October 1, 2000, a taxpayer who has
|
| 5 | | an annual tax liability of $200,000 or more shall make all |
| 6 | | payments required by
rules of the Department by electronic |
| 7 | | funds transfer. The term "annual tax
liability" shall be the |
| 8 | | sum of the taxpayer's liabilities under this Act, and
under all |
| 9 | | other State and local occupation and use tax laws administered |
| 10 | | by the
Department, for the immediately preceding calendar year. |
| 11 | | The term "average
monthly tax liability" means
the sum of the |
| 12 | | taxpayer's liabilities under this Act, and under all other |
| 13 | | State
and local occupation and use tax laws administered by the |
| 14 | | Department, for the
immediately preceding calendar year |
| 15 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has |
| 16 | | a tax liability in the
amount set forth in subsection (b) of |
| 17 | | Section 2505-210 of the Department of
Revenue Law shall make |
| 18 | | all payments required by rules of the Department by
electronic |
| 19 | | funds transfer. |
| 20 | | Before August 1 of each year beginning in 1993, the |
| 21 | | Department shall notify
all taxpayers required to make payments |
| 22 | | by electronic funds transfer. All
taxpayers required to make |
| 23 | | payments by electronic funds transfer shall make
those payments |
| 24 | | for a minimum of one year beginning on October 1. |
| 25 | | Any taxpayer not required to make payments by electronic |
| 26 | | funds transfer may
make payments by electronic funds transfer |
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| 1 | | with the permission of the
Department. |
| 2 | | All taxpayers required to make payment by electronic funds |
| 3 | | transfer and any
taxpayers authorized to voluntarily make |
| 4 | | payments by electronic funds transfer
shall make those payments |
| 5 | | in the manner authorized by the Department. |
| 6 | | The Department shall adopt such rules as are necessary to |
| 7 | | effectuate a
program of electronic funds transfer and the |
| 8 | | requirements of this Section. |
| 9 | | Before October 1, 2000, if the taxpayer's average monthly |
| 10 | | tax liability
to the Department
under this Act, the Retailers' |
| 11 | | Occupation Tax Act, the Service
Occupation Tax Act, the Service |
| 12 | | Use Tax Act was $10,000 or more
during
the preceding 4 complete |
| 13 | | calendar quarters, he shall file a return with the
Department |
| 14 | | each month by the 20th day of the month next following the |
| 15 | | month
during which such tax liability is incurred and shall |
| 16 | | make payments to the
Department on or before the 7th, 15th, |
| 17 | | 22nd and last day of the month
during which such liability is |
| 18 | | incurred.
On and after October 1, 2000, if the taxpayer's |
| 19 | | average monthly tax liability
to the Department under this Act, |
| 20 | | the Retailers' Occupation Tax Act,
the
Service Occupation Tax |
| 21 | | Act, and the Service Use Tax Act was $20,000 or more
during the |
| 22 | | preceding 4 complete calendar quarters, he shall file a return |
| 23 | | with
the Department each month by the 20th day of the month |
| 24 | | next following the month
during which such tax liability is |
| 25 | | incurred and shall make payment to the
Department on or before |
| 26 | | the 7th, 15th, 22nd and last day of the
month during
which such |
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| 1 | | liability is incurred.
If the month during which such tax
|
| 2 | | liability is incurred began prior to January 1, 1985, each |
| 3 | | payment shall be
in an amount equal to 1/4 of the taxpayer's
|
| 4 | | actual liability for the month or an amount set by the |
| 5 | | Department not to
exceed 1/4 of the average monthly liability |
| 6 | | of the taxpayer to the
Department for the preceding 4 complete |
| 7 | | calendar quarters (excluding the
month of highest liability and |
| 8 | | the month of lowest liability in such 4
quarter period). If the |
| 9 | | month during which such tax liability is incurred
begins on or |
| 10 | | after January 1, 1985, and prior to January 1, 1987, each
|
| 11 | | payment shall be in an amount equal to 22.5% of the taxpayer's |
| 12 | | actual liability
for the month or 27.5% of the taxpayer's |
| 13 | | liability for the same calendar
month of the preceding year. If |
| 14 | | the month during which such tax liability
is incurred begins on |
| 15 | | or after January 1, 1987, and prior to January 1,
1988, each |
| 16 | | payment shall be in an amount equal to 22.5% of the taxpayer's
|
| 17 | | actual liability for the month or 26.25% of the taxpayer's |
| 18 | | liability for
the same calendar month of the preceding year. If |
| 19 | | the month during which such
tax liability is incurred begins on |
| 20 | | or after January 1, 1988, and prior to
January 1, 1989,
or |
| 21 | | begins on or after January 1, 1996, each payment shall be in an |
| 22 | | amount equal
to 22.5% of the taxpayer's actual liability for |
| 23 | | the month or 25% of the
taxpayer's liability for the same |
| 24 | | calendar month of the preceding year. If the
month during which |
| 25 | | such tax liability is incurred begins on or after January 1,
|
| 26 | | 1989,
and prior to January 1, 1996, each payment shall be in an |
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| 1 | | amount equal to 22.5%
of the taxpayer's actual liability for |
| 2 | | the month or 25% of the taxpayer's
liability for the same |
| 3 | | calendar month of the preceding year or 100% of the
taxpayer's |
| 4 | | actual liability for the quarter monthly reporting period. The
|
| 5 | | amount of such quarter monthly payments shall be credited |
| 6 | | against the final tax
liability
of the taxpayer's return for |
| 7 | | that month. Before October 1, 2000, once
applicable, the |
| 8 | | requirement
of the making of quarter monthly payments to the |
| 9 | | Department shall continue
until such taxpayer's average |
| 10 | | monthly liability to the Department during
the preceding 4 |
| 11 | | complete calendar quarters (excluding the month of highest
|
| 12 | | liability and the month of lowest liability) is less than
|
| 13 | | $9,000, or until
such taxpayer's average monthly liability to |
| 14 | | the Department as computed for
each calendar quarter of the 4 |
| 15 | | preceding complete calendar quarter period
is less than |
| 16 | | $10,000. However, if a taxpayer can show the
Department that
a |
| 17 | | substantial change in the taxpayer's business has occurred |
| 18 | | which causes
the taxpayer to anticipate that his average |
| 19 | | monthly tax liability for the
reasonably foreseeable future |
| 20 | | will fall below the $10,000 threshold
stated above, then
such |
| 21 | | taxpayer
may petition the Department for change in such |
| 22 | | taxpayer's reporting status.
On and after October 1, 2000, once |
| 23 | | applicable, the requirement of the making
of quarter monthly |
| 24 | | payments to the Department shall continue until such
taxpayer's |
| 25 | | average monthly liability to the Department during the |
| 26 | | preceding 4
complete calendar quarters (excluding the month of |
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| 1 | | highest liability and the
month of lowest liability) is less |
| 2 | | than $19,000 or until such taxpayer's
average monthly liability |
| 3 | | to the Department as computed for each calendar
quarter of the |
| 4 | | 4 preceding complete calendar quarter period is less than
|
| 5 | | $20,000. However, if a taxpayer can show the Department that a |
| 6 | | substantial
change in the taxpayer's business has occurred |
| 7 | | which causes the taxpayer to
anticipate that his average |
| 8 | | monthly tax liability for the reasonably
foreseeable future |
| 9 | | will fall below the $20,000 threshold stated above, then
such |
| 10 | | taxpayer may petition the Department for a change in such |
| 11 | | taxpayer's
reporting status.
The Department shall change such |
| 12 | | taxpayer's reporting status unless it
finds that such change is |
| 13 | | seasonal in nature and not likely to be long
term. If any such |
| 14 | | quarter monthly payment is not paid at the time or in
the |
| 15 | | amount required by this Section, then the taxpayer shall be |
| 16 | | liable for
penalties and interest on
the difference between the |
| 17 | | minimum amount due and the amount of such
quarter monthly |
| 18 | | payment actually and timely paid, except insofar as the
|
| 19 | | taxpayer has previously made payments for that month to the |
| 20 | | Department in
excess of the minimum payments previously due as |
| 21 | | provided in this Section.
The Department shall make reasonable |
| 22 | | rules and regulations to govern the
quarter monthly payment |
| 23 | | amount and quarter monthly payment dates for
taxpayers who file |
| 24 | | on other than a calendar monthly basis. |
| 25 | | If any such payment provided for in this Section exceeds |
| 26 | | the taxpayer's
liabilities under this Act, the Retailers' |
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| 1 | | Occupation Tax Act, the Service
Occupation Tax Act and the |
| 2 | | Service Use Tax Act, as shown by an original
monthly return, |
| 3 | | the Department shall issue to the taxpayer a credit
memorandum |
| 4 | | no later than 30 days after the date of payment, which
|
| 5 | | memorandum may be submitted by the taxpayer to the Department |
| 6 | | in payment of
tax liability subsequently to be remitted by the |
| 7 | | taxpayer to the Department
or be assigned by the taxpayer to a |
| 8 | | similar taxpayer under this Act, the
Retailers' Occupation Tax |
| 9 | | Act, the Service Occupation Tax Act or the
Service Use Tax Act, |
| 10 | | in accordance with reasonable rules and regulations to
be |
| 11 | | prescribed by the Department, except that if such excess |
| 12 | | payment is
shown on an original monthly return and is made |
| 13 | | after December 31, 1986, no
credit memorandum shall be issued, |
| 14 | | unless requested by the taxpayer. If no
such request is made, |
| 15 | | the taxpayer may credit such excess payment against
tax |
| 16 | | liability subsequently to be remitted by the taxpayer to the |
| 17 | | Department
under this Act, the Retailers' Occupation Tax Act, |
| 18 | | the Service Occupation
Tax Act or the Service Use Tax Act, in |
| 19 | | accordance with reasonable rules and
regulations prescribed by |
| 20 | | the Department. If the Department subsequently
determines that |
| 21 | | all or any part of the credit taken was not actually due to
the |
| 22 | | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall |
| 23 | | be
reduced by 2.1% or 1.75% of the difference between the |
| 24 | | credit taken and
that actually due, and the taxpayer shall be |
| 25 | | liable for penalties and
interest on such difference. |
| 26 | | If the retailer is otherwise required to file a monthly |
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| 1 | | return and if the
retailer's average monthly tax liability to |
| 2 | | the Department
does not exceed $200, the Department may |
| 3 | | authorize his returns to be
filed on a quarter annual basis, |
| 4 | | with the return for January, February,
and March of a given |
| 5 | | year being due by April 20 of such year; with the
return for |
| 6 | | April, May and June of a given year being due by July 20 of
such |
| 7 | | year; with the return for July, August and September of a given
|
| 8 | | year being due by October 20 of such year, and with the return |
| 9 | | for
October, November and December of a given year being due by |
| 10 | | January 20
of the following year. |
| 11 | | If the retailer is otherwise required to file a monthly or |
| 12 | | quarterly
return and if the retailer's average monthly tax |
| 13 | | liability to the
Department does not exceed $50, the Department |
| 14 | | may authorize his returns to
be filed on an annual basis, with |
| 15 | | the return for a given year being due by
January 20 of the |
| 16 | | following year. |
| 17 | | Such quarter annual and annual returns, as to form and |
| 18 | | substance,
shall be subject to the same requirements as monthly |
| 19 | | returns. |
| 20 | | Notwithstanding any other provision in this Act concerning |
| 21 | | the time
within which a retailer may file his return, in the |
| 22 | | case of any retailer
who ceases to engage in a kind of business |
| 23 | | which makes him responsible
for filing returns under this Act, |
| 24 | | such retailer shall file a final
return under this Act with the |
| 25 | | Department not more than one month after
discontinuing such |
| 26 | | business. |
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| 1 | | In addition, with respect to motor vehicles, watercraft,
|
| 2 | | aircraft, and trailers that are required to be registered with |
| 3 | | an agency of
this State, every
retailer selling this kind of |
| 4 | | tangible personal property shall file,
with the Department, |
| 5 | | upon a form to be prescribed and supplied by the
Department, a |
| 6 | | separate return for each such item of tangible personal
|
| 7 | | property which the retailer sells, except that if, in the same
|
| 8 | | transaction, (i) a retailer of aircraft, watercraft, motor |
| 9 | | vehicles or
trailers transfers more than
one aircraft, |
| 10 | | watercraft, motor
vehicle or trailer to another aircraft, |
| 11 | | watercraft, motor vehicle or
trailer retailer for the purpose |
| 12 | | of resale
or (ii) a retailer of aircraft, watercraft, motor |
| 13 | | vehicles, or trailers
transfers more than one aircraft, |
| 14 | | watercraft, motor vehicle, or trailer to a
purchaser for use as |
| 15 | | a qualifying rolling stock as provided in Section 3-55 of
this |
| 16 | | Act, then
that seller may report the transfer of all the
|
| 17 | | aircraft, watercraft, motor
vehicles
or trailers involved in |
| 18 | | that transaction to the Department on the same
uniform
|
| 19 | | invoice-transaction reporting return form.
For purposes of |
| 20 | | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 |
| 21 | | watercraft as defined in Section 3-2 of the Boat Registration |
| 22 | | and Safety Act,
a
personal watercraft, or any boat equipped |
| 23 | | with an inboard motor. |
| 24 | | The transaction reporting return in the case of motor |
| 25 | | vehicles
or trailers that are required to be registered with an |
| 26 | | agency of this
State, shall
be the same document as the Uniform |
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| 1 | | Invoice referred to in Section 5-402
of the Illinois Vehicle |
| 2 | | Code and must show the name and address of the
seller; the name |
| 3 | | and address of the purchaser; the amount of the selling
price |
| 4 | | including the amount allowed by the retailer for traded-in
|
| 5 | | property, if any; the amount allowed by the retailer for the |
| 6 | | traded-in
tangible personal property, if any, to the extent to |
| 7 | | which Section 2 of
this Act allows an exemption for the value |
| 8 | | of traded-in property; the
balance payable after deducting such |
| 9 | | trade-in allowance from the total
selling price; the amount of |
| 10 | | tax due from the retailer with respect to
such transaction; the |
| 11 | | amount of tax collected from the purchaser by the
retailer on |
| 12 | | such transaction (or satisfactory evidence that such tax is
not |
| 13 | | due in that particular instance, if that is claimed to be the |
| 14 | | fact);
the place and date of the sale; a sufficient |
| 15 | | identification of the
property sold; such other information as |
| 16 | | is required in Section 5-402 of
the Illinois Vehicle Code, and |
| 17 | | such other information as the Department
may reasonably |
| 18 | | require. |
| 19 | | The transaction reporting return in the case of watercraft
|
| 20 | | and aircraft must show
the name and address of the seller; the |
| 21 | | name and address of the
purchaser; the amount of the selling |
| 22 | | price including the amount allowed
by the retailer for |
| 23 | | traded-in property, if any; the amount allowed by
the retailer |
| 24 | | for the traded-in tangible personal property, if any, to
the |
| 25 | | extent to which Section 2 of this Act allows an exemption for |
| 26 | | the
value of traded-in property; the balance payable after |
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| 1 | | deducting such
trade-in allowance from the total selling price; |
| 2 | | the amount of tax due
from the retailer with respect to such |
| 3 | | transaction; the amount of tax
collected from the purchaser by |
| 4 | | the retailer on such transaction (or
satisfactory evidence that |
| 5 | | such tax is not due in that particular
instance, if that is |
| 6 | | claimed to be the fact); the place and date of the
sale, a |
| 7 | | sufficient identification of the property sold, and such other
|
| 8 | | information as the Department may reasonably require. |
| 9 | | Such transaction reporting return shall be filed not later |
| 10 | | than 20
days after the date of delivery of the item that is |
| 11 | | being sold, but may
be filed by the retailer at any time sooner |
| 12 | | than that if he chooses to
do so. The transaction reporting |
| 13 | | return and tax remittance or proof of
exemption from the tax |
| 14 | | that is imposed by this Act may be transmitted to
the |
| 15 | | Department by way of the State agency with which, or State |
| 16 | | officer
with whom, the tangible personal property must be |
| 17 | | titled or registered
(if titling or registration is required) |
| 18 | | if the Department and such
agency or State officer determine |
| 19 | | that this procedure will expedite the
processing of |
| 20 | | applications for title or registration. |
| 21 | | With each such transaction reporting return, the retailer |
| 22 | | shall remit
the proper amount of tax due (or shall submit |
| 23 | | satisfactory evidence that
the sale is not taxable if that is |
| 24 | | the case), to the Department or its
agents, whereupon the |
| 25 | | Department shall issue, in the purchaser's name, a
tax receipt |
| 26 | | (or a certificate of exemption if the Department is
satisfied |
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| 1 | | that the particular sale is tax exempt) which such purchaser
|
| 2 | | may submit to the agency with which, or State officer with |
| 3 | | whom, he must
title or register the tangible personal property |
| 4 | | that is involved (if
titling or registration is required) in |
| 5 | | support of such purchaser's
application for an Illinois |
| 6 | | certificate or other evidence of title or
registration to such |
| 7 | | tangible personal property. |
| 8 | | No retailer's failure or refusal to remit tax under this |
| 9 | | Act
precludes a user, who has paid the proper tax to the |
| 10 | | retailer, from
obtaining his certificate of title or other |
| 11 | | evidence of title or
registration (if titling or registration |
| 12 | | is required) upon satisfying
the Department that such user has |
| 13 | | paid the proper tax (if tax is due) to
the retailer. The |
| 14 | | Department shall adopt appropriate rules to carry out
the |
| 15 | | mandate of this paragraph. |
| 16 | | If the user who would otherwise pay tax to the retailer |
| 17 | | wants the
transaction reporting return filed and the payment of |
| 18 | | tax or proof of
exemption made to the Department before the |
| 19 | | retailer is willing to take
these actions and such user has not |
| 20 | | paid the tax to the retailer, such
user may certify to the fact |
| 21 | | of such delay by the retailer, and may
(upon the Department |
| 22 | | being satisfied of the truth of such certification)
transmit |
| 23 | | the information required by the transaction reporting return
|
| 24 | | and the remittance for tax or proof of exemption directly to |
| 25 | | the
Department and obtain his tax receipt or exemption |
| 26 | | determination, in
which event the transaction reporting return |
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| 1 | | and tax remittance (if a
tax payment was required) shall be |
| 2 | | credited by the Department to the
proper retailer's account |
| 3 | | with the Department, but without the 2.1% or 1.75%
discount |
| 4 | | provided for in this Section being allowed. When the user pays
|
| 5 | | the tax directly to the Department, he shall pay the tax in the |
| 6 | | same
amount and in the same form in which it would be remitted |
| 7 | | if the tax had
been remitted to the Department by the retailer. |
| 8 | | Where a retailer collects the tax with respect to the |
| 9 | | selling price
of tangible personal property which he sells and |
| 10 | | the purchaser
thereafter returns such tangible personal |
| 11 | | property and the retailer
refunds the selling price thereof to |
| 12 | | the purchaser, such retailer shall
also refund, to the |
| 13 | | purchaser, the tax so collected from the purchaser.
When filing |
| 14 | | his return for the period in which he refunds such tax to
the |
| 15 | | purchaser, the retailer may deduct the amount of the tax so |
| 16 | | refunded
by him to the purchaser from any other use tax which |
| 17 | | such retailer may
be required to pay or remit to the |
| 18 | | Department, as shown by such return,
if the amount of the tax |
| 19 | | to be deducted was previously remitted to the
Department by |
| 20 | | such retailer. If the retailer has not previously
remitted the |
| 21 | | amount of such tax to the Department, he is entitled to no
|
| 22 | | deduction under this Act upon refunding such tax to the |
| 23 | | purchaser. |
| 24 | | Any retailer filing a return under this Section shall also |
| 25 | | include
(for the purpose of paying tax thereon) the total tax |
| 26 | | covered by such
return upon the selling price of tangible |
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| 1 | | personal property purchased by
him at retail from a retailer, |
| 2 | | but as to which the tax imposed by this
Act was not collected |
| 3 | | from the retailer filing such return, and such
retailer shall |
| 4 | | remit the amount of such tax to the Department when
filing such |
| 5 | | return. |
| 6 | | If experience indicates such action to be practicable, the |
| 7 | | Department
may prescribe and furnish a combination or joint |
| 8 | | return which will
enable retailers, who are required to file |
| 9 | | returns hereunder and also
under the Retailers' Occupation Tax |
| 10 | | Act, to furnish all the return
information required by both |
| 11 | | Acts on the one form. |
| 12 | | Where the retailer has more than one business registered |
| 13 | | with the
Department under separate registration under this Act, |
| 14 | | such retailer may
not file each return that is due as a single |
| 15 | | return covering all such
registered businesses, but shall file |
| 16 | | separate returns for each such
registered business. |
| 17 | | Beginning January 1, 1990, each month the Department shall |
| 18 | | pay into the
State and Local Sales Tax Reform Fund, a special |
| 19 | | fund in the State Treasury
which is hereby created, the net |
| 20 | | revenue realized for the preceding month
from the 1% tax on |
| 21 | | sales of food for human consumption which is to be
consumed off |
| 22 | | the premises where it is sold (other than alcoholic beverages,
|
| 23 | | soft drinks and food which has been prepared for immediate |
| 24 | | consumption) and
prescription and nonprescription medicines, |
| 25 | | drugs, medical appliances and
insulin, urine testing |
| 26 | | materials, syringes and needles used by diabetics. |
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| 1 | | Beginning January 1, 1990, each month the Department shall |
| 2 | | pay into
the County and Mass Transit District Fund 4% of the |
| 3 | | net revenue realized
for the preceding month from the 6.25% |
| 4 | | general rate
on the selling price of tangible personal property |
| 5 | | which is purchased
outside Illinois at retail from a retailer |
| 6 | | and which is titled or
registered by an agency of this State's |
| 7 | | government. |
| 8 | | Beginning January 1, 1990, each month the Department shall |
| 9 | | pay into
the State and Local Sales Tax Reform Fund, a special |
| 10 | | fund in the State
Treasury, 20% of the net revenue realized
for |
| 11 | | the preceding month from the 6.25% general rate on the selling
|
| 12 | | price of tangible personal property, other than tangible |
| 13 | | personal property
which is purchased outside Illinois at retail |
| 14 | | from a retailer and which is
titled or registered by an agency |
| 15 | | of this State's government. |
| 16 | | Beginning August 1, 2000, each
month the Department shall |
| 17 | | pay into the
State and Local Sales Tax Reform Fund 100% of the |
| 18 | | net revenue realized for the
preceding month from the 1.25% |
| 19 | | rate on the selling price of motor fuel and
gasohol. Beginning |
| 20 | | September 1, 2010, each
month the Department shall pay into the
|
| 21 | | State and Local Sales Tax Reform Fund 100% of the net revenue |
| 22 | | realized for the
preceding month from the 1.25% rate on the |
| 23 | | selling price of sales tax holiday items. |
| 24 | | Beginning January 1, 1990, each month the Department shall |
| 25 | | pay into
the Local Government Tax Fund 16% of the net revenue |
| 26 | | realized for the
preceding month from the 6.25% general rate on |
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| 1 | | the selling price of
tangible personal property which is |
| 2 | | purchased outside Illinois at retail
from a retailer and which |
| 3 | | is titled or registered by an agency of this
State's |
| 4 | | government. |
| 5 | | Beginning October 1, 2009, each month the Department shall |
| 6 | | pay into the Capital Projects Fund an amount that is equal to |
| 7 | | an amount estimated by the Department to represent 80% of the |
| 8 | | net revenue realized for the preceding month from the sale of |
| 9 | | candy, grooming and hygiene products, and soft drinks that had |
| 10 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
| 11 | | are is now taxed at 6.25%. |
| 12 | | Beginning July 1, 2011, each
month the Department shall pay |
| 13 | | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue |
| 14 | | realized for the
preceding month from the 6.25% general rate on |
| 15 | | the selling price of sorbents used in Illinois in the process |
| 16 | | of sorbent injection as used to comply with the Environmental |
| 17 | | Protection Act or the federal Clean Air Act, but the total |
| 18 | | payment into the Clean Air Act (CAA) Permit Fund under this Act |
| 19 | | and the Retailers' Occupation Tax Act shall not exceed |
| 20 | | $2,000,000 in any fiscal year. |
| 21 | | Beginning July 1, 2013, each month the Department shall pay |
| 22 | | into the Underground Storage Tank Fund from the proceeds |
| 23 | | collected under this Act, the Service Use Tax Act, the Service |
| 24 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an |
| 25 | | amount equal to the average monthly deficit in the Underground |
| 26 | | Storage Tank Fund during the prior year, as certified annually |
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| 1 | | by the Illinois Environmental Protection Agency, but the total |
| 2 | | payment into the Underground Storage Tank Fund under this Act, |
| 3 | | the Service Use Tax Act, the Service Occupation Tax Act, and |
| 4 | | the Retailers' Occupation Tax Act shall not exceed $18,000,000 |
| 5 | | in any State fiscal year. As used in this paragraph, the |
| 6 | | "average monthly deficit" shall be equal to the difference |
| 7 | | between the average monthly claims for payment by the fund and |
| 8 | | the average monthly revenues deposited into the fund, excluding |
| 9 | | payments made pursuant to this paragraph. |
| 10 | | Of the remainder of the moneys received by the Department |
| 11 | | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the |
| 12 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on |
| 13 | | and after July 1, 1989, 3.8% thereof shall be paid into the
|
| 14 | | Build Illinois Fund; provided, however, that if in any fiscal |
| 15 | | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case |
| 16 | | may be, of the
moneys received by the Department and required |
| 17 | | to be paid into the Build
Illinois Fund pursuant to Section 3 |
| 18 | | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax |
| 19 | | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the |
| 20 | | Service Occupation Tax Act, such Acts being
hereinafter called |
| 21 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case |
| 22 | | may be, of moneys being hereinafter called the "Tax Act |
| 23 | | Amount",
and (2) the amount transferred to the Build Illinois |
| 24 | | Fund from the State
and Local Sales Tax Reform Fund shall be |
| 25 | | less than the Annual Specified
Amount (as defined in Section 3 |
| 26 | | of the Retailers' Occupation Tax Act), an
amount equal to the |
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| 1 | | difference shall be immediately paid into the Build
Illinois |
| 2 | | Fund from other moneys received by the Department pursuant to |
| 3 | | the
Tax Acts; and further provided, that if on the last |
| 4 | | business day of any
month the sum of (1) the Tax Act Amount |
| 5 | | required to be deposited into the
Build Illinois Bond Account |
| 6 | | in the Build Illinois Fund during such month
and (2) the amount |
| 7 | | transferred during such month to the Build Illinois Fund
from |
| 8 | | the State and Local Sales Tax Reform Fund shall have been less |
| 9 | | than
1/12 of the Annual Specified Amount, an amount equal to |
| 10 | | the difference
shall be immediately paid into the Build |
| 11 | | Illinois Fund from other moneys
received by the Department |
| 12 | | pursuant to the Tax Acts; and,
further provided, that in no |
| 13 | | event shall the payments required under the
preceding proviso |
| 14 | | result in aggregate payments into the Build Illinois Fund
|
| 15 | | pursuant to this clause (b) for any fiscal year in excess of |
| 16 | | the greater
of (i) the Tax Act Amount or (ii) the Annual |
| 17 | | Specified Amount for such
fiscal year; and, further provided, |
| 18 | | that the amounts payable into the Build
Illinois Fund under |
| 19 | | this clause (b) shall be payable only until such time
as the |
| 20 | | aggregate amount on deposit under each trust
indenture securing |
| 21 | | Bonds issued and outstanding pursuant to the Build
Illinois |
| 22 | | Bond Act is sufficient, taking into account any future |
| 23 | | investment
income, to fully provide, in accordance with such |
| 24 | | indenture, for the
defeasance of or the payment of the |
| 25 | | principal of, premium, if any, and
interest on the Bonds |
| 26 | | secured by such indenture and on any Bonds expected
to be |
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| 1 | | issued thereafter and all fees and costs payable with respect |
| 2 | | thereto,
all as certified by the Director of the
Bureau of the |
| 3 | | Budget (now Governor's Office of Management and Budget). If
on |
| 4 | | the last
business day of any month in which Bonds are |
| 5 | | outstanding pursuant to the
Build Illinois Bond Act, the |
| 6 | | aggregate of the moneys deposited
in the Build Illinois Bond |
| 7 | | Account in the Build Illinois Fund in such month
shall be less |
| 8 | | than the amount required to be transferred in such month from
|
| 9 | | the Build Illinois Bond Account to the Build Illinois Bond |
| 10 | | Retirement and
Interest Fund pursuant to Section 13 of the |
| 11 | | Build Illinois Bond Act, an
amount equal to such deficiency |
| 12 | | shall be immediately paid
from other moneys received by the |
| 13 | | Department pursuant to the Tax Acts
to the Build Illinois Fund; |
| 14 | | provided, however, that any amounts paid to the
Build Illinois |
| 15 | | Fund in any fiscal year pursuant to this sentence shall be
|
| 16 | | deemed to constitute payments pursuant to clause (b) of the |
| 17 | | preceding
sentence and shall reduce the amount otherwise |
| 18 | | payable for such fiscal year
pursuant to clause (b) of the |
| 19 | | preceding sentence. The moneys received by
the Department |
| 20 | | pursuant to this Act and required to be deposited into the
|
| 21 | | Build Illinois Fund are subject to the pledge, claim and charge |
| 22 | | set forth
in Section 12 of the Build Illinois Bond Act. |
| 23 | | Subject to payment of amounts into the Build Illinois Fund |
| 24 | | as provided in
the preceding paragraph or in any amendment |
| 25 | | thereto hereafter enacted, the
following specified monthly |
| 26 | | installment of the amount requested in the
certificate of the |
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| 1 | | Chairman of the Metropolitan Pier and Exposition
Authority |
| 2 | | provided under Section 8.25f of the State Finance Act, but not |
| 3 | | in
excess of the sums designated as "Total Deposit", shall be
|
| 4 | | deposited in the aggregate from collections under Section 9 of |
| 5 | | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section |
| 6 | | 9 of the Service
Occupation Tax Act, and Section 3 of the |
| 7 | | Retailers' Occupation Tax Act into
the McCormick Place |
| 8 | | Expansion Project Fund in the specified fiscal years. |
|
| 9 | | Fiscal Year | | Total Deposit | |
| 10 | | 1993 | | $0 | |
| 11 | | 1994 | | 53,000,000 | |
| 12 | | 1995 | | 58,000,000 | |
| 13 | | 1996 | | 61,000,000 | |
| 14 | | 1997 | | 64,000,000 | |
| 15 | | 1998 | | 68,000,000 | |
| 16 | | 1999 | | 71,000,000 | |
| 17 | | 2000 | | 75,000,000 | |
| 18 | | 2001 | | 80,000,000 | |
| 19 | | 2002 | | 93,000,000 | |
| 20 | | 2003 | | 99,000,000 | |
| 21 | | 2004 | | 103,000,000 | |
| 22 | | 2005 | | 108,000,000 | |
| 23 | | 2006 | | 113,000,000 | |
| 24 | | 2007 | | 119,000,000 | |
| 25 | | 2008 | | 126,000,000 | |
| 26 | | 2009 | | 132,000,000 | |
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| 1 | | 2010 | | 139,000,000 | |
| 2 | | 2011 | | 146,000,000 | |
| 3 | | 2012 | | 153,000,000 | |
| 4 | | 2013 | | 161,000,000 | |
| 5 | | 2014 | | 170,000,000 | |
| 6 | | 2015 | | 179,000,000 | |
| 7 | | 2016 | | 189,000,000 | |
| 8 | | 2017 | | 199,000,000 | |
| 9 | | 2018 | | 210,000,000 | |
| 10 | | 2019 | | 221,000,000 | |
| 11 | | 2020 | | 233,000,000 | |
| 12 | | 2021 | | 246,000,000 | |
| 13 | | 2022 | | 260,000,000 | |
| 14 | | 2023 | | 275,000,000 | |
| 15 | | 2024 | | 275,000,000 | |
| 16 | | 2025 | | 275,000,000 | |
| 17 | | 2026 | | 279,000,000 | |
| 18 | | 2027 | | 292,000,000 | |
| 19 | | 2028 | | 307,000,000 | |
| 20 | | 2029 | | 322,000,000 | |
| 21 | | 2030 | | 338,000,000 | |
| 22 | | 2031 | | 350,000,000 | |
| 23 | | 2032 | | 350,000,000 | |
| 24 | | and | | |
|
| 25 | | each fiscal year | | |
|
| 26 | | thereafter that bonds | | |
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| 1 | | are outstanding under | | |
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| 2 | | Section 13.2 of the | | |
|
| 3 | | Metropolitan Pier and | | |
|
| 4 | | Exposition Authority Act, | | |
|
| 5 | | but not after fiscal year 2060. | | |
|
| 6 | | Beginning July 20, 1993 and in each month of each fiscal |
| 7 | | year thereafter,
one-eighth of the amount requested in the |
| 8 | | certificate of the Chairman of
the Metropolitan Pier and |
| 9 | | Exposition Authority for that fiscal year, less
the amount |
| 10 | | deposited into the McCormick Place Expansion Project Fund by |
| 11 | | the
State Treasurer in the respective month under subsection |
| 12 | | (g) of Section 13
of the Metropolitan Pier and Exposition |
| 13 | | Authority Act, plus cumulative
deficiencies in the deposits |
| 14 | | required under this Section for previous
months and years, |
| 15 | | shall be deposited into the McCormick Place Expansion
Project |
| 16 | | Fund, until the full amount requested for the fiscal year, but |
| 17 | | not
in excess of the amount specified above as "Total Deposit", |
| 18 | | has been deposited. |
| 19 | | Subject to payment of amounts into the Build Illinois Fund |
| 20 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 21 | | preceding paragraphs or
in any amendments thereto
hereafter |
| 22 | | enacted,
beginning July 1, 1993 and ending on September 30, |
| 23 | | 2013, the Department shall each month pay into the Illinois
Tax |
| 24 | | Increment Fund 0.27% of 80% of the net revenue realized for the |
| 25 | | preceding
month from the 6.25% general rate on the selling |
| 26 | | price of tangible personal
property. |
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| 1 | | Subject to payment of amounts into the Build Illinois Fund |
| 2 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 3 | | preceding paragraphs or in any
amendments thereto hereafter |
| 4 | | enacted, beginning with the receipt of the first
report of |
| 5 | | taxes paid by an eligible business and continuing for a 25-year
|
| 6 | | period, the Department shall each month pay into the Energy |
| 7 | | Infrastructure
Fund 80% of the net revenue realized from the |
| 8 | | 6.25% general rate on the
selling price of Illinois-mined coal |
| 9 | | that was sold to an eligible business.
For purposes of this |
| 10 | | paragraph, the term "eligible business" means a new
electric |
| 11 | | generating facility certified pursuant to Section 605-332 of |
| 12 | | the
Department of Commerce and
Economic Opportunity Law of the |
| 13 | | Civil Administrative
Code of Illinois. |
| 14 | | Of the remainder of the moneys received by the Department |
| 15 | | pursuant
to this Act, 75% thereof shall be paid into the State |
| 16 | | Treasury and 25%
shall be reserved in a special account and |
| 17 | | used only for the transfer to
the Common School Fund as part of |
| 18 | | the monthly transfer from the General
Revenue Fund in |
| 19 | | accordance with Section 8a of the State
Finance Act. |
| 20 | | As soon as possible after the first day of each month, upon |
| 21 | | certification
of the Department of Revenue, the Comptroller |
| 22 | | shall order transferred and
the Treasurer shall transfer from |
| 23 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount |
| 24 | | equal to 1.7% of 80% of the net revenue realized
under this Act |
| 25 | | for the second preceding month.
Beginning April 1, 2000, this |
| 26 | | transfer is no longer required
and shall not be made. |
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| 1 | | Net revenue realized for a month shall be the revenue |
| 2 | | collected
by the State pursuant to this Act, less the amount |
| 3 | | paid out during that
month as refunds to taxpayers for |
| 4 | | overpayment of liability. |
| 5 | | For greater simplicity of administration, manufacturers, |
| 6 | | importers
and wholesalers whose products are sold at retail in |
| 7 | | Illinois by
numerous retailers, and who wish to do so, may |
| 8 | | assume the responsibility
for accounting and paying to the |
| 9 | | Department all tax accruing under this
Act with respect to such |
| 10 | | sales, if the retailers who are affected do not
make written |
| 11 | | objection to the Department to this arrangement. |
| 12 | | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, |
| 13 | | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; |
| 14 | | revised 9-9-13.)
|
| 15 | | Section 180. The Service Use Tax Act is amended by changing |
| 16 | | Sections 3-5, 3-10, and 9 as follows:
|
| 17 | | (35 ILCS 110/3-5)
|
| 18 | | Sec. 3-5. Exemptions. Use of the following tangible |
| 19 | | personal property
is exempt from the tax imposed by this Act:
|
| 20 | | (1) Personal property purchased from a corporation, |
| 21 | | society,
association, foundation, institution, or |
| 22 | | organization, other than a limited
liability company, that is |
| 23 | | organized and operated as a not-for-profit service
enterprise |
| 24 | | for the benefit of persons 65 years of age or older if the |
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| 1 | | personal
property was not purchased by the enterprise for the |
| 2 | | purpose of resale by the
enterprise.
|
| 3 | | (2) Personal property purchased by a non-profit Illinois |
| 4 | | county fair
association for use in conducting, operating, or |
| 5 | | promoting the county fair.
|
| 6 | | (3) Personal property purchased by a not-for-profit arts
or |
| 7 | | cultural
organization that establishes, by proof required by |
| 8 | | the Department by rule,
that it has received an exemption under |
| 9 | | Section 501(c)(3) of the Internal
Revenue Code and that is |
| 10 | | organized and operated primarily for the
presentation
or |
| 11 | | support of arts or cultural programming, activities, or |
| 12 | | services. These
organizations include, but are not limited to, |
| 13 | | music and dramatic arts
organizations such as symphony |
| 14 | | orchestras and theatrical groups, arts and
cultural service |
| 15 | | organizations, local arts councils, visual arts organizations,
|
| 16 | | and media arts organizations.
On and after the effective date |
| 17 | | of this amendatory Act of the 92nd General
Assembly, however, |
| 18 | | an entity otherwise eligible for this exemption shall not
make |
| 19 | | tax-free purchases unless it has an active identification |
| 20 | | number issued by
the Department.
|
| 21 | | (4) Legal tender, currency, medallions, or gold or silver |
| 22 | | coinage issued
by the State of Illinois, the government of the |
| 23 | | United States of America,
or the government of any foreign |
| 24 | | country, and bullion.
|
| 25 | | (5) Until July 1, 2003 and beginning again on September 1, |
| 26 | | 2004 through August 30, 2014, graphic arts machinery and |
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| 1 | | equipment, including
repair and
replacement parts, both new and |
| 2 | | used, and including that manufactured on
special order or |
| 3 | | purchased for lease, certified by the purchaser to be used
|
| 4 | | primarily for graphic arts production.
Equipment includes |
| 5 | | chemicals or
chemicals acting as catalysts but only if
the |
| 6 | | chemicals or chemicals acting as catalysts effect a direct and |
| 7 | | immediate
change upon a graphic arts product.
|
| 8 | | (6) Personal property purchased from a teacher-sponsored |
| 9 | | student
organization affiliated with an elementary or |
| 10 | | secondary school located
in Illinois.
|
| 11 | | (7) Farm machinery and equipment, both new and used, |
| 12 | | including that
manufactured on special order, certified by the |
| 13 | | purchaser to be used
primarily for production agriculture or |
| 14 | | State or federal agricultural
programs, including individual |
| 15 | | replacement parts for the machinery and
equipment, including |
| 16 | | machinery and equipment purchased for lease,
and including |
| 17 | | implements of husbandry defined in Section 1-130 of
the |
| 18 | | Illinois Vehicle Code, farm machinery and agricultural |
| 19 | | chemical and
fertilizer spreaders, and nurse wagons required to |
| 20 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
| 21 | | but
excluding other motor vehicles required to be registered |
| 22 | | under the Illinois
Vehicle Code.
Horticultural polyhouses or |
| 23 | | hoop houses used for propagating, growing, or
overwintering |
| 24 | | plants shall be considered farm machinery and equipment under
|
| 25 | | this item (7).
Agricultural chemical tender tanks and dry boxes |
| 26 | | shall include units sold
separately from a motor vehicle |
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| 1 | | required to be licensed and units sold mounted
on a motor |
| 2 | | vehicle required to be licensed if the selling price of the |
| 3 | | tender
is separately stated.
|
| 4 | | Farm machinery and equipment shall include precision |
| 5 | | farming equipment
that is
installed or purchased to be |
| 6 | | installed on farm machinery and equipment
including, but not |
| 7 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
| 8 | | or spreaders.
Precision farming equipment includes, but is not |
| 9 | | limited to,
soil testing sensors, computers, monitors, |
| 10 | | software, global positioning
and mapping systems, and other |
| 11 | | such equipment.
|
| 12 | | Farm machinery and equipment also includes computers, |
| 13 | | sensors, software, and
related equipment used primarily in the
|
| 14 | | computer-assisted operation of production agriculture |
| 15 | | facilities, equipment,
and activities such as, but
not limited |
| 16 | | to,
the collection, monitoring, and correlation of
animal and |
| 17 | | crop data for the purpose of
formulating animal diets and |
| 18 | | agricultural chemicals. This item (7) is exempt
from the |
| 19 | | provisions of
Section 3-75.
|
| 20 | | (8) Until June 30, 2013, fuel and petroleum products sold |
| 21 | | to or used by an air common
carrier, certified by the carrier |
| 22 | | to be used for consumption, shipment, or
storage in the conduct |
| 23 | | of its business as an air common carrier, for a
flight destined |
| 24 | | for or returning from a location or locations
outside the |
| 25 | | United States without regard to previous or subsequent domestic
|
| 26 | | stopovers.
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| 1 | | Beginning July 1, 2013, fuel and petroleum products sold to |
| 2 | | or used by an air carrier, certified by the carrier to be used |
| 3 | | for consumption, shipment, or storage in the conduct of its |
| 4 | | business as an air common carrier, for a flight that (i) is |
| 5 | | engaged in foreign trade or is engaged in trade between the |
| 6 | | United States and any of its possessions and (ii) transports at |
| 7 | | least one individual or package for hire from the city of |
| 8 | | origination to the city of final destination on the same |
| 9 | | aircraft, without regard to a change in the flight number of |
| 10 | | that aircraft. |
| 11 | | (9) Proceeds of mandatory service charges separately |
| 12 | | stated on
customers' bills for the purchase and consumption of |
| 13 | | food and beverages
acquired as an incident to the purchase of a |
| 14 | | service from a serviceman, to
the extent that the proceeds of |
| 15 | | the service charge are in fact
turned over as tips or as a |
| 16 | | substitute for tips to the employees who
participate directly |
| 17 | | in preparing, serving, hosting or cleaning up the
food or |
| 18 | | beverage function with respect to which the service charge is |
| 19 | | imposed.
|
| 20 | | (10) Until July 1, 2003, oil field exploration, drilling, |
| 21 | | and production
equipment, including
(i) rigs and parts of rigs, |
| 22 | | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and |
| 23 | | tubular goods, including casing and
drill strings, (iii) pumps |
| 24 | | and pump-jack units, (iv) storage tanks and flow
lines, (v) any |
| 25 | | individual replacement part for oil field exploration,
|
| 26 | | drilling, and production equipment, and (vi) machinery and |
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| 1 | | equipment purchased
for lease; but
excluding motor vehicles |
| 2 | | required to be registered under the Illinois
Vehicle Code.
|
| 3 | | (11) Proceeds from the sale of photoprocessing machinery |
| 4 | | and
equipment, including repair and replacement parts, both new |
| 5 | | and
used, including that manufactured on special order, |
| 6 | | certified by the
purchaser to be used primarily for |
| 7 | | photoprocessing, and including
photoprocessing machinery and |
| 8 | | equipment purchased for lease.
|
| 9 | | (12) Coal and aggregate exploration, mining, off-highway |
| 10 | | offhighway hauling,
processing,
maintenance, and reclamation |
| 11 | | equipment, including
replacement parts and equipment, and |
| 12 | | including
equipment purchased for lease, but excluding motor |
| 13 | | vehicles required to be
registered under the Illinois Vehicle |
| 14 | | Code. The changes made to this Section by Public Act 97-767 |
| 15 | | apply on and after July 1, 2003, but no claim for credit or |
| 16 | | refund is allowed on or after August 16, 2013 (the effective |
| 17 | | date of Public Act 98-456) this amendatory Act of the 98th |
| 18 | | General Assembly
for such taxes paid during the period |
| 19 | | beginning July 1, 2003 and ending on August 16, 2013 (the |
| 20 | | effective date of Public Act 98-456) this amendatory Act of the |
| 21 | | 98th General Assembly.
|
| 22 | | (13) Semen used for artificial insemination of livestock |
| 23 | | for direct
agricultural production.
|
| 24 | | (14) Horses, or interests in horses, registered with and |
| 25 | | meeting the
requirements of any of the
Arabian Horse Club |
| 26 | | Registry of America, Appaloosa Horse Club, American Quarter
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| 1 | | Horse Association, United States
Trotting Association, or |
| 2 | | Jockey Club, as appropriate, used for
purposes of breeding or |
| 3 | | racing for prizes. This item (14) is exempt from the provisions |
| 4 | | of Section 3-75, and the exemption provided for under this item |
| 5 | | (14) applies for all periods beginning May 30, 1995, but no |
| 6 | | claim for credit or refund is allowed on or after the effective |
| 7 | | date of this amendatory Act of the 95th General Assembly for |
| 8 | | such taxes paid during the period beginning May 30, 2000 and |
| 9 | | ending on the effective date of this amendatory Act of the 95th |
| 10 | | General Assembly.
|
| 11 | | (15) Computers and communications equipment utilized for |
| 12 | | any
hospital
purpose
and equipment used in the diagnosis,
|
| 13 | | analysis, or treatment of hospital patients purchased by a |
| 14 | | lessor who leases
the
equipment, under a lease of one year or |
| 15 | | longer executed or in effect at the
time
the lessor would |
| 16 | | otherwise be subject to the tax imposed by this Act,
to a
|
| 17 | | hospital
that has been issued an active tax exemption |
| 18 | | identification number by the
Department under Section 1g of the |
| 19 | | Retailers' Occupation Tax Act.
If the
equipment is leased in a |
| 20 | | manner that does not qualify for
this exemption
or is used in |
| 21 | | any other non-exempt manner,
the lessor shall be liable for the
|
| 22 | | tax imposed under this Act or the Use Tax Act, as the case may
|
| 23 | | be, based on the fair market value of the property at the time |
| 24 | | the
non-qualifying use occurs. No lessor shall collect or |
| 25 | | attempt to collect an
amount (however
designated) that purports |
| 26 | | to reimburse that lessor for the tax imposed by this
Act or the |
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| 1 | | Use Tax Act, as the case may be, if the tax has not been
paid by |
| 2 | | the lessor. If a lessor improperly collects any such amount |
| 3 | | from the
lessee, the lessee shall have a legal right to claim a |
| 4 | | refund of that amount
from the lessor. If, however, that amount |
| 5 | | is not refunded to the lessee for
any reason, the lessor is |
| 6 | | liable to pay that amount to the Department.
|
| 7 | | (16) Personal property purchased by a lessor who leases the
|
| 8 | | property, under
a
lease of one year or longer executed or in |
| 9 | | effect at the time
the lessor would otherwise be subject to the |
| 10 | | tax imposed by this Act,
to a governmental body
that has been |
| 11 | | issued an active tax exemption identification number by the
|
| 12 | | Department under Section 1g of the Retailers' Occupation Tax |
| 13 | | Act.
If the
property is leased in a manner that does not |
| 14 | | qualify for
this exemption
or is used in any other non-exempt |
| 15 | | manner,
the lessor shall be liable for the
tax imposed under |
| 16 | | this Act or the Use Tax Act, as the case may
be, based on the |
| 17 | | fair market value of the property at the time the
|
| 18 | | non-qualifying use occurs. No lessor shall collect or attempt |
| 19 | | to collect an
amount (however
designated) that purports to |
| 20 | | reimburse that lessor for the tax imposed by this
Act or the |
| 21 | | Use Tax Act, as the case may be, if the tax has not been
paid by |
| 22 | | the lessor. If a lessor improperly collects any such amount |
| 23 | | from the
lessee, the lessee shall have a legal right to claim a |
| 24 | | refund of that amount
from the lessor. If, however, that amount |
| 25 | | is not refunded to the lessee for
any reason, the lessor is |
| 26 | | liable to pay that amount to the Department.
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| 1 | | (17) Beginning with taxable years ending on or after |
| 2 | | December
31,
1995
and
ending with taxable years ending on or |
| 3 | | before December 31, 2004,
personal property that is
donated for |
| 4 | | disaster relief to be used in a State or federally declared
|
| 5 | | disaster area in Illinois or bordering Illinois by a |
| 6 | | manufacturer or retailer
that is registered in this State to a |
| 7 | | corporation, society, association,
foundation, or institution |
| 8 | | that has been issued a sales tax exemption
identification |
| 9 | | number by the Department that assists victims of the disaster
|
| 10 | | who reside within the declared disaster area.
|
| 11 | | (18) Beginning with taxable years ending on or after |
| 12 | | December
31, 1995 and
ending with taxable years ending on or |
| 13 | | before December 31, 2004, personal
property that is used in the |
| 14 | | performance of infrastructure repairs in this
State, including |
| 15 | | but not limited to municipal roads and streets, access roads,
|
| 16 | | bridges, sidewalks, waste disposal systems, water and sewer |
| 17 | | line extensions,
water distribution and purification |
| 18 | | facilities, storm water drainage and
retention facilities, and |
| 19 | | sewage treatment facilities, resulting from a State
or |
| 20 | | federally declared disaster in Illinois or bordering Illinois |
| 21 | | when such
repairs are initiated on facilities located in the |
| 22 | | declared disaster area
within 6 months after the disaster.
|
| 23 | | (19) Beginning July 1, 1999, game or game birds purchased |
| 24 | | at a "game
breeding
and hunting preserve area" as that term is
|
| 25 | | used in
the Wildlife Code. This paragraph is exempt from the |
| 26 | | provisions
of
Section 3-75.
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| 1 | | (20) A motor vehicle, as that term is defined in Section |
| 2 | | 1-146
of the
Illinois Vehicle Code, that is donated to a |
| 3 | | corporation, limited liability
company, society, association, |
| 4 | | foundation, or institution that is determined by
the Department |
| 5 | | to be organized and operated exclusively for educational
|
| 6 | | purposes. For purposes of this exemption, "a corporation, |
| 7 | | limited liability
company, society, association, foundation, |
| 8 | | or institution organized and
operated
exclusively for |
| 9 | | educational purposes" means all tax-supported public schools,
|
| 10 | | private schools that offer systematic instruction in useful |
| 11 | | branches of
learning by methods common to public schools and |
| 12 | | that compare favorably in
their scope and intensity with the |
| 13 | | course of study presented in tax-supported
schools, and |
| 14 | | vocational or technical schools or institutes organized and
|
| 15 | | operated exclusively to provide a course of study of not less |
| 16 | | than 6 weeks
duration and designed to prepare individuals to |
| 17 | | follow a trade or to pursue a
manual, technical, mechanical, |
| 18 | | industrial, business, or commercial
occupation.
|
| 19 | | (21) Beginning January 1, 2000, personal property, |
| 20 | | including
food,
purchased through fundraising
events for the |
| 21 | | benefit of
a public or private elementary or
secondary school, |
| 22 | | a group of those schools, or one or more school
districts if |
| 23 | | the events are
sponsored by an entity recognized by the school |
| 24 | | district that consists
primarily of volunteers and includes
|
| 25 | | parents and teachers of the school children. This paragraph |
| 26 | | does not apply
to fundraising
events (i) for the benefit of |
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| 1 | | private home instruction or (ii)
for which the fundraising |
| 2 | | entity purchases the personal property sold at
the events from |
| 3 | | another individual or entity that sold the property for the
|
| 4 | | purpose of resale by the fundraising entity and that
profits |
| 5 | | from the sale to the
fundraising entity. This paragraph is |
| 6 | | exempt
from the provisions
of Section 3-75.
|
| 7 | | (22) Beginning January 1, 2000
and through December 31, |
| 8 | | 2001, new or used automatic vending
machines that prepare and |
| 9 | | serve hot food and beverages, including coffee, soup,
and
other |
| 10 | | items, and replacement parts for these machines.
Beginning |
| 11 | | January 1,
2002 and through June 30, 2003, machines and parts |
| 12 | | for machines used in
commercial, coin-operated
amusement
and |
| 13 | | vending business if a use or occupation tax is paid on the |
| 14 | | gross receipts
derived from
the use of the commercial, |
| 15 | | coin-operated amusement and vending machines.
This
paragraph
|
| 16 | | is exempt from the provisions of Section 3-75.
|
| 17 | | (23) Beginning August 23, 2001 and through June 30, 2016, |
| 18 | | food for human consumption that is to be consumed off the
|
| 19 | | premises
where it is sold (other than alcoholic beverages, soft |
| 20 | | drinks, and food that
has been prepared for immediate |
| 21 | | consumption) and prescription and
nonprescription medicines, |
| 22 | | drugs, medical appliances, and insulin, urine
testing |
| 23 | | materials, syringes, and needles used by diabetics, for human |
| 24 | | use, when
purchased for use by a person receiving medical |
| 25 | | assistance under Article V of
the Illinois Public Aid Code who |
| 26 | | resides in a licensed long-term care facility,
as defined in |
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| 1 | | the Nursing Home Care Act, or in a licensed facility as defined |
| 2 | | in the ID/DD Community Care Act or the Specialized Mental |
| 3 | | Health Rehabilitation Act of 2013.
|
| 4 | | (24) Beginning on the effective date of this amendatory Act |
| 5 | | of the 92nd
General Assembly, computers and communications |
| 6 | | equipment
utilized for any hospital purpose and equipment used |
| 7 | | in the diagnosis,
analysis, or treatment of hospital patients |
| 8 | | purchased by a lessor who leases
the equipment, under a lease |
| 9 | | of one year or longer executed or in effect at the
time the |
| 10 | | lessor would otherwise be subject to the tax imposed by this |
| 11 | | Act, to a
hospital that has been issued an active tax exemption |
| 12 | | identification number by
the Department under Section 1g of the |
| 13 | | Retailers' Occupation Tax Act. If the
equipment is leased in a |
| 14 | | manner that does not qualify for this exemption or is
used in |
| 15 | | any other nonexempt manner, the lessor shall be liable for the
|
| 16 | | tax imposed under this Act or the Use Tax Act, as the case may |
| 17 | | be, based on the
fair market value of the property at the time |
| 18 | | the nonqualifying use occurs.
No lessor shall collect or |
| 19 | | attempt to collect an amount (however
designated) that purports |
| 20 | | to reimburse that lessor for the tax imposed by this
Act or the |
| 21 | | Use Tax Act, as the case may be, if the tax has not been
paid by |
| 22 | | the lessor. If a lessor improperly collects any such amount |
| 23 | | from the
lessee, the lessee shall have a legal right to claim a |
| 24 | | refund of that amount
from the lessor. If, however, that amount |
| 25 | | is not refunded to the lessee for
any reason, the lessor is |
| 26 | | liable to pay that amount to the Department.
This paragraph is |
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| 1 | | exempt from the provisions of Section 3-75.
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| 2 | | (25) Beginning
on the effective date of this amendatory Act |
| 3 | | of the 92nd General Assembly,
personal property purchased by a |
| 4 | | lessor
who leases the property, under a lease of one year or |
| 5 | | longer executed or in
effect at the time the lessor would |
| 6 | | otherwise be subject to the tax imposed by
this Act, to a |
| 7 | | governmental body that has been issued an active tax exemption
|
| 8 | | identification number by the Department under Section 1g of the |
| 9 | | Retailers'
Occupation Tax Act. If the property is leased in a |
| 10 | | manner that does not
qualify for this exemption or is used in |
| 11 | | any other nonexempt manner, the
lessor shall be liable for the |
| 12 | | tax imposed under this Act or the Use Tax Act,
as the case may |
| 13 | | be, based on the fair market value of the property at the time
|
| 14 | | the nonqualifying use occurs. No lessor shall collect or |
| 15 | | attempt to collect
an amount (however designated) that purports |
| 16 | | to reimburse that lessor for the
tax imposed by this Act or the |
| 17 | | Use Tax Act, as the case may be, if the tax has
not been paid by |
| 18 | | the lessor. If a lessor improperly collects any such amount
|
| 19 | | from the lessee, the lessee shall have a legal right to claim a |
| 20 | | refund of that
amount from the lessor. If, however, that amount |
| 21 | | is not refunded to the lessee
for any reason, the lessor is |
| 22 | | liable to pay that amount to the Department.
This paragraph is |
| 23 | | exempt from the provisions of Section 3-75.
|
| 24 | | (26) Beginning January 1, 2008, tangible personal property |
| 25 | | used in the construction or maintenance of a community water |
| 26 | | supply, as defined under Section 3.145 of the Environmental |
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| 1 | | Protection Act, that is operated by a not-for-profit |
| 2 | | corporation that holds a valid water supply permit issued under |
| 3 | | Title IV of the Environmental Protection Act. This paragraph is |
| 4 | | exempt from the provisions of Section 3-75.
|
| 5 | | (27) Beginning January 1, 2010, materials, parts, |
| 6 | | equipment, components, and furnishings incorporated into or |
| 7 | | upon an aircraft as part of the modification, refurbishment, |
| 8 | | completion, replacement, repair, or maintenance of the |
| 9 | | aircraft. This exemption includes consumable supplies used in |
| 10 | | the modification, refurbishment, completion, replacement, |
| 11 | | repair, and maintenance of aircraft, but excludes any |
| 12 | | materials, parts, equipment, components, and consumable |
| 13 | | supplies used in the modification, replacement, repair, and |
| 14 | | maintenance of aircraft engines or power plants, whether such |
| 15 | | engines or power plants are installed or uninstalled upon any |
| 16 | | such aircraft. "Consumable supplies" include, but are not |
| 17 | | limited to, adhesive, tape, sandpaper, general purpose |
| 18 | | lubricants, cleaning solution, latex gloves, and protective |
| 19 | | films. This exemption applies only to the use of qualifying |
| 20 | | tangible personal property transferred incident to the |
| 21 | | modification, refurbishment, completion, replacement, repair, |
| 22 | | or maintenance of aircraft by persons who (i) hold an Air |
| 23 | | Agency Certificate and are empowered to operate an approved |
| 24 | | repair station by the Federal Aviation Administration, (ii) |
| 25 | | have a Class IV Rating, and (iii) conduct operations in |
| 26 | | accordance with Part 145 of the Federal Aviation Regulations. |
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| 1 | | The exemption does not include aircraft operated by a |
| 2 | | commercial air carrier providing scheduled passenger air |
| 3 | | service pursuant to authority issued under Part 121 or Part 129 |
| 4 | | of the Federal Aviation Regulations. The changes made to this |
| 5 | | paragraph (27) by Public Act 98-534 this amendatory Act of the |
| 6 | | 98th General Assembly are declarative of existing law. |
| 7 | | (28) Tangible personal property purchased by a |
| 8 | | public-facilities corporation, as described in Section |
| 9 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
| 10 | | constructing or furnishing a municipal convention hall, but |
| 11 | | only if the legal title to the municipal convention hall is |
| 12 | | transferred to the municipality without any further |
| 13 | | consideration by or on behalf of the municipality at the time |
| 14 | | of the completion of the municipal convention hall or upon the |
| 15 | | retirement or redemption of any bonds or other debt instruments |
| 16 | | issued by the public-facilities corporation in connection with |
| 17 | | the development of the municipal convention hall. This |
| 18 | | exemption includes existing public-facilities corporations as |
| 19 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
| 20 | | This paragraph is exempt from the provisions of Section 3-75. |
| 21 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, |
| 22 | | eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104, |
| 23 | | eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13; |
| 24 | | 98-534, eff. 8-23-13; revised 9-9-13.)
|
| 25 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
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| 1 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
| 2 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
| 3 | | the selling
price of tangible personal property transferred as |
| 4 | | an incident to the sale
of service, but, for the purpose of |
| 5 | | computing this tax, in no event shall
the selling price be less |
| 6 | | than the cost price of the property to the
serviceman.
|
| 7 | | Beginning on July 1, 2000 and through December 31, 2000, |
| 8 | | with respect to
motor fuel, as defined in Section 1.1 of the |
| 9 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
| 10 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
| 11 | | With respect to gasohol, as defined in the Use Tax Act, the |
| 12 | | tax imposed
by this Act applies to (i) 70% of the selling price |
| 13 | | of property transferred
as an incident to the sale of service |
| 14 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
| 15 | | of the selling price of
property transferred as an incident to |
| 16 | | the sale of service on or after July
1, 2003 and on or before |
| 17 | | December 31, 2018, and (iii)
100% of the selling price |
| 18 | | thereafter.
If, at any time, however, the tax under this Act on |
| 19 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
| 20 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
| 21 | | 100% of the proceeds of sales of gasohol
made during that time.
|
| 22 | | With respect to majority blended ethanol fuel, as defined |
| 23 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
| 24 | | to the selling price of property transferred
as an incident to |
| 25 | | the sale of service on or after July 1, 2003 and on or before
|
| 26 | | December 31, 2018 but applies to 100% of the selling price |
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| 1 | | thereafter.
|
| 2 | | With respect to biodiesel blends, as defined in the Use Tax |
| 3 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
| 4 | | tax imposed by this Act
applies to (i) 80% of the selling price |
| 5 | | of property transferred as an incident
to the sale of service |
| 6 | | on or after July 1, 2003 and on or before December 31, 2018
and |
| 7 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, |
| 8 | | at any time, however, the tax under this Act on sales of |
| 9 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
| 10 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
| 11 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
| 12 | | the proceeds of sales of biodiesel
blends with no less than 1% |
| 13 | | and no more than 10% biodiesel
made
during that time.
|
| 14 | | With respect to 100% biodiesel, as defined in the Use Tax |
| 15 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
| 16 | | more than 10% but no more than 99% biodiesel, the tax imposed |
| 17 | | by this Act
does not apply to the proceeds of the selling price |
| 18 | | of property transferred
as an incident to the sale of service |
| 19 | | on or after July 1, 2003 and on or before
December 31, 2018 but |
| 20 | | applies to 100% of the selling price thereafter.
|
| 21 | | At the election of any registered serviceman made for each |
| 22 | | fiscal year,
sales of service in which the aggregate annual |
| 23 | | cost price of tangible
personal property transferred as an |
| 24 | | incident to the sales of service is
less than 35%, or 75% in |
| 25 | | the case of servicemen transferring prescription
drugs or |
| 26 | | servicemen engaged in graphic arts production, of the aggregate
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| 1 | | annual total gross receipts from all sales of service, the tax |
| 2 | | imposed by
this Act shall be based on the serviceman's cost |
| 3 | | price of the tangible
personal property transferred as an |
| 4 | | incident to the sale of those services.
|
| 5 | | The tax shall be imposed at the rate of 1% on food prepared |
| 6 | | for
immediate consumption and transferred incident to a sale of |
| 7 | | service subject
to this Act or the Service Occupation Tax Act |
| 8 | | by an entity licensed under
the Hospital Licensing Act, the |
| 9 | | Nursing Home Care Act, the ID/DD Community Care Act, the |
| 10 | | Specialized Mental Health Rehabilitation Act of 2013, or the
|
| 11 | | Child Care
Act of 1969. The tax shall
also be imposed at the |
| 12 | | rate of 1% on food for human consumption that is to be
consumed |
| 13 | | off the premises where it is sold (other than alcoholic |
| 14 | | beverages,
soft drinks, and food that has been prepared for |
| 15 | | immediate consumption and is
not otherwise included in this |
| 16 | | paragraph) and prescription and nonprescription
medicines, |
| 17 | | drugs, medical appliances, modifications to a motor vehicle for |
| 18 | | the
purpose of rendering it usable by a disabled person, and |
| 19 | | insulin, urine testing
materials,
syringes, and needles used by |
| 20 | | diabetics, for
human use. For the purposes of this Section, |
| 21 | | until September 1, 2009: the term "soft drinks" means any
|
| 22 | | complete, finished, ready-to-use, non-alcoholic drink, whether |
| 23 | | carbonated or
not, including but not limited to soda water, |
| 24 | | cola, fruit juice, vegetable
juice, carbonated water, and all |
| 25 | | other preparations commonly known as soft
drinks of whatever |
| 26 | | kind or description that are contained in any closed or
sealed |
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| 1 | | bottle, can, carton, or container, regardless of size; but |
| 2 | | "soft drinks"
does not include coffee, tea, non-carbonated |
| 3 | | water, infant formula, milk or
milk products as defined in the |
| 4 | | Grade A Pasteurized Milk and Milk Products Act,
or drinks |
| 5 | | containing 50% or more natural fruit or vegetable juice.
|
| 6 | | Notwithstanding any other provisions of this
Act, |
| 7 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
| 8 | | beverages that contain natural or artificial sweeteners. "Soft |
| 9 | | drinks" do not include beverages that contain milk or milk |
| 10 | | products, soy, rice or similar milk substitutes, or greater |
| 11 | | than 50% of vegetable or fruit juice by volume. |
| 12 | | Until August 1, 2009, and notwithstanding any other |
| 13 | | provisions of this Act, "food for human
consumption that is to |
| 14 | | be consumed off the premises where it is sold" includes
all |
| 15 | | food sold through a vending machine, except soft drinks and |
| 16 | | food products
that are dispensed hot from a vending machine, |
| 17 | | regardless of the location of
the vending machine. Beginning |
| 18 | | August 1, 2009, and notwithstanding any other provisions of |
| 19 | | this Act, "food for human consumption that is to be consumed |
| 20 | | off the premises where it is sold" includes all food sold |
| 21 | | through a vending machine, except soft drinks, candy, and food |
| 22 | | products that are dispensed hot from a vending machine, |
| 23 | | regardless of the location of the vending machine.
|
| 24 | | Notwithstanding any other provisions of this
Act, |
| 25 | | beginning September 1, 2009, "food for human consumption that |
| 26 | | is to be consumed off the premises where
it is sold" does not |
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| 1 | | include candy. For purposes of this Section, "candy" means a |
| 2 | | preparation of sugar, honey, or other natural or artificial |
| 3 | | sweeteners in combination with chocolate, fruits, nuts or other |
| 4 | | ingredients or flavorings in the form of bars, drops, or |
| 5 | | pieces. "Candy" does not include any preparation that contains |
| 6 | | flour or requires refrigeration. |
| 7 | | Notwithstanding any other provisions of this
Act, |
| 8 | | beginning September 1, 2009, "nonprescription medicines and |
| 9 | | drugs" does not include grooming and hygiene products. For |
| 10 | | purposes of this Section, "grooming and hygiene products" |
| 11 | | includes, but is not limited to, soaps and cleaning solutions, |
| 12 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
| 13 | | lotions and screens, unless those products are available by |
| 14 | | prescription only, regardless of whether the products meet the |
| 15 | | definition of "over-the-counter-drugs". For the purposes of |
| 16 | | this paragraph, "over-the-counter-drug" means a drug for human |
| 17 | | use that contains a label that identifies the product as a drug |
| 18 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
| 19 | | label includes: |
| 20 | | (A) A "Drug Facts" panel; or |
| 21 | | (B) A statement of the "active ingredient(s)" with a |
| 22 | | list of those ingredients contained in the compound, |
| 23 | | substance or preparation. |
| 24 | | Beginning on January 1, 2014 (the effective date of Public |
| 25 | | Act 98-122) this amendatory Act of the 98th General Assembly, |
| 26 | | "prescription and nonprescription medicines and drugs" |
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| 1 | | includes medical cannabis purchased from a registered |
| 2 | | dispensing organization under the Compassionate Use of Medical |
| 3 | | Cannabis Pilot Program Act. |
| 4 | | If the property that is acquired from a serviceman is |
| 5 | | acquired outside
Illinois and used outside Illinois before |
| 6 | | being brought to Illinois for use
here and is taxable under |
| 7 | | this Act, the "selling price" on which the tax
is computed |
| 8 | | shall be reduced by an amount that represents a reasonable
|
| 9 | | allowance for depreciation for the period of prior out-of-state |
| 10 | | use.
|
| 11 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, |
| 12 | | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised |
| 13 | | 8-9-13.)
|
| 14 | | (35 ILCS 110/9) (from Ch. 120, par. 439.39) |
| 15 | | Sec. 9. Each serviceman required or authorized to collect |
| 16 | | the tax
herein imposed shall pay to the Department the amount |
| 17 | | of such tax
(except as otherwise provided) at the time when he |
| 18 | | is required to file
his return for the period during which such |
| 19 | | tax was collected, less a
discount of 2.1% prior to January 1, |
| 20 | | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar |
| 21 | | year, whichever is greater, which is allowed to
reimburse the |
| 22 | | serviceman for expenses incurred in collecting the tax,
keeping |
| 23 | | records, preparing and filing returns, remitting the tax and
|
| 24 | | supplying data to the Department on request. The Department may |
| 25 | | disallow the discount for servicemen whose certificate of |
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| 1 | | registration is revoked at the time the return is filed, but |
| 2 | | only if the Department's decision to revoke the certificate of |
| 3 | | registration has become final. A serviceman need not remit
that |
| 4 | | part of any tax collected by him to the extent that he is |
| 5 | | required to
pay and does pay the tax imposed by the Service |
| 6 | | Occupation Tax Act with
respect to his sale of service |
| 7 | | involving the incidental transfer by him of
the same property. |
| 8 | | Except as provided hereinafter in this Section, on or |
| 9 | | before the twentieth
day of each calendar month, such |
| 10 | | serviceman shall file a return for the
preceding calendar month |
| 11 | | in accordance with reasonable Rules and
Regulations to be |
| 12 | | promulgated by the Department. Such return shall be
filed on a |
| 13 | | form prescribed by the Department and shall contain such
|
| 14 | | information as the Department may reasonably require. |
| 15 | | The Department may require returns to be filed on a |
| 16 | | quarterly basis.
If so required, a return for each calendar |
| 17 | | quarter shall be filed on or
before the twentieth day of the |
| 18 | | calendar month following the end of such
calendar quarter. The |
| 19 | | taxpayer shall also file a return with the
Department for each |
| 20 | | of the first two months of each calendar quarter, on or
before |
| 21 | | the twentieth day of the following calendar month, stating: |
| 22 | | 1. The name of the seller; |
| 23 | | 2. The address of the principal place of business from |
| 24 | | which he engages
in business as a serviceman in this State; |
| 25 | | 3. The total amount of taxable receipts received by him |
| 26 | | during the
preceding calendar month, including receipts |
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| 1 | | from charge and time sales,
but less all deductions allowed |
| 2 | | by law; |
| 3 | | 4. The amount of credit provided in Section 2d of this |
| 4 | | Act; |
| 5 | | 5. The amount of tax due; |
| 6 | | 5-5. The signature of the taxpayer; and |
| 7 | | 6. Such other reasonable information as the Department |
| 8 | | may
require. |
| 9 | | If a taxpayer fails to sign a return within 30 days after |
| 10 | | the proper notice
and demand for signature by the Department, |
| 11 | | the return shall be considered
valid and any amount shown to be |
| 12 | | due on the return shall be deemed assessed. |
| 13 | | Beginning October 1, 1993, a taxpayer who has an average |
| 14 | | monthly tax
liability of $150,000 or more shall make all |
| 15 | | payments required by rules of
the Department by electronic |
| 16 | | funds transfer. Beginning October 1, 1994, a
taxpayer who has |
| 17 | | an average monthly tax liability of $100,000 or more shall
make |
| 18 | | all payments required by rules of the Department by electronic |
| 19 | | funds
transfer. Beginning October 1, 1995, a taxpayer who has |
| 20 | | an average monthly
tax liability of $50,000 or more shall make |
| 21 | | all payments required by rules
of the Department by electronic |
| 22 | | funds transfer.
Beginning October 1, 2000, a taxpayer who has |
| 23 | | an annual tax liability of
$200,000 or more shall make all |
| 24 | | payments required by rules of the Department by
electronic |
| 25 | | funds transfer. The term "annual tax liability" shall be the |
| 26 | | sum of
the taxpayer's liabilities under this Act, and under all |
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| 1 | | other State and local
occupation and use tax laws administered |
| 2 | | by the Department, for the immediately
preceding calendar year.
|
| 3 | | The term "average monthly tax
liability" means the sum of the |
| 4 | | taxpayer's liabilities under this Act, and
under all other |
| 5 | | State and local occupation and use tax laws administered by the
|
| 6 | | Department, for the immediately preceding calendar year |
| 7 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has |
| 8 | | a tax liability in the
amount set forth in subsection (b) of |
| 9 | | Section 2505-210 of the Department of
Revenue Law shall make |
| 10 | | all payments required by rules of the Department by
electronic |
| 11 | | funds transfer. |
| 12 | | Before August 1 of each year beginning in 1993, the |
| 13 | | Department shall
notify all taxpayers required to make payments |
| 14 | | by electronic funds transfer.
All taxpayers required to make |
| 15 | | payments by electronic funds transfer shall
make those payments |
| 16 | | for a minimum of one year beginning on October 1. |
| 17 | | Any taxpayer not required to make payments by electronic |
| 18 | | funds transfer
may make payments by electronic funds transfer |
| 19 | | with the permission of the
Department. |
| 20 | | All taxpayers required to make payment by electronic funds |
| 21 | | transfer and
any taxpayers authorized to voluntarily make |
| 22 | | payments by electronic funds
transfer shall make those payments |
| 23 | | in the manner authorized by the Department. |
| 24 | | The Department shall adopt such rules as are necessary to |
| 25 | | effectuate a
program of electronic funds transfer and the |
| 26 | | requirements of this Section. |
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| 1 | | If the serviceman is otherwise required to file a monthly |
| 2 | | return and
if the serviceman's average monthly tax liability to |
| 3 | | the Department
does not exceed $200, the Department may |
| 4 | | authorize his returns to be
filed on a quarter annual basis, |
| 5 | | with the return for January, February
and March of a given year |
| 6 | | being due by April 20 of such year; with the
return for April, |
| 7 | | May and June of a given year being due by July 20 of
such year; |
| 8 | | with the return for July, August and September of a given
year |
| 9 | | being due by October 20 of such year, and with the return for
|
| 10 | | October, November and December of a given year being due by |
| 11 | | January 20
of the following year. |
| 12 | | If the serviceman is otherwise required to file a monthly |
| 13 | | or quarterly
return and if the serviceman's average monthly tax |
| 14 | | liability to the Department
does not exceed $50, the Department |
| 15 | | may authorize his returns to be
filed on an annual basis, with |
| 16 | | the return for a given year being due by
January 20 of the |
| 17 | | following year. |
| 18 | | Such quarter annual and annual returns, as to form and |
| 19 | | substance,
shall be subject to the same requirements as monthly |
| 20 | | returns. |
| 21 | | Notwithstanding any other provision in this Act concerning |
| 22 | | the time
within which a serviceman may file his return, in the |
| 23 | | case of any
serviceman who ceases to engage in a kind of |
| 24 | | business which makes him
responsible for filing returns under |
| 25 | | this Act, such serviceman shall
file a final return under this |
| 26 | | Act with the Department not more than 1
month after |
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| 1 | | discontinuing such business. |
| 2 | | Where a serviceman collects the tax with respect to the |
| 3 | | selling price of
property which he sells and the purchaser |
| 4 | | thereafter returns such
property and the serviceman refunds the |
| 5 | | selling price thereof to the
purchaser, such serviceman shall |
| 6 | | also refund, to the purchaser, the tax
so collected from the |
| 7 | | purchaser. When filing his return for the period
in which he |
| 8 | | refunds such tax to the purchaser, the serviceman may deduct
|
| 9 | | the amount of the tax so refunded by him to the purchaser from |
| 10 | | any other
Service Use Tax, Service Occupation Tax, retailers' |
| 11 | | occupation tax or
use tax which such serviceman may be required |
| 12 | | to pay or remit to the
Department, as shown by such return, |
| 13 | | provided that the amount of the tax
to be deducted shall |
| 14 | | previously have been remitted to the Department by
such |
| 15 | | serviceman. If the serviceman shall not previously have |
| 16 | | remitted
the amount of such tax to the Department, he shall be |
| 17 | | entitled to no
deduction hereunder upon refunding such tax to |
| 18 | | the purchaser. |
| 19 | | Any serviceman filing a return hereunder shall also include |
| 20 | | the total
tax upon the selling price of tangible personal |
| 21 | | property purchased for use
by him as an incident to a sale of |
| 22 | | service, and such serviceman shall remit
the amount of such tax |
| 23 | | to the Department when filing such return. |
| 24 | | If experience indicates such action to be practicable, the |
| 25 | | Department
may prescribe and furnish a combination or joint |
| 26 | | return which will
enable servicemen, who are required to file |
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| 1 | | returns hereunder and also
under the Service Occupation Tax |
| 2 | | Act, to furnish all the return
information required by both |
| 3 | | Acts on the one form. |
| 4 | | Where the serviceman has more than one business registered |
| 5 | | with the
Department under separate registration hereunder, |
| 6 | | such serviceman shall
not file each return that is due as a |
| 7 | | single return covering all such
registered businesses, but |
| 8 | | shall file separate returns for each such
registered business. |
| 9 | | Beginning January 1, 1990, each month the Department shall |
| 10 | | pay into
the State and Local Tax Reform Fund, a special fund in |
| 11 | | the State Treasury,
the net revenue realized for the preceding |
| 12 | | month from the 1% tax on sales
of food for human consumption |
| 13 | | which is to be consumed off the premises
where it is sold |
| 14 | | (other than alcoholic beverages, soft drinks and food
which has |
| 15 | | been prepared for immediate consumption) and prescription and
|
| 16 | | nonprescription medicines, drugs, medical appliances and |
| 17 | | insulin, urine
testing materials, syringes and needles used by |
| 18 | | diabetics. |
| 19 | | Beginning January 1, 1990, each month the Department shall |
| 20 | | pay into
the State and Local Sales Tax Reform Fund 20% of the |
| 21 | | net revenue realized
for the preceding month from the 6.25% |
| 22 | | general rate on transfers of
tangible personal property, other |
| 23 | | than tangible personal property which is
purchased outside |
| 24 | | Illinois at retail from a retailer and which is titled or
|
| 25 | | registered by an agency of this State's government. |
| 26 | | Beginning August 1, 2000, each
month the Department shall |
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| 1 | | pay into the
State and Local Sales Tax Reform Fund 100% of the |
| 2 | | net revenue realized for the
preceding
month from the 1.25% |
| 3 | | rate on the selling price of motor fuel and gasohol. |
| 4 | | Beginning October 1, 2009, each month the Department shall |
| 5 | | pay into the Capital Projects Fund an amount that is equal to |
| 6 | | an amount estimated by the Department to represent 80% of the |
| 7 | | net revenue realized for the preceding month from the sale of |
| 8 | | candy, grooming and hygiene products, and soft drinks that had |
| 9 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
| 10 | | are is now taxed at 6.25%. |
| 11 | | Beginning July 1, 2013, each month the Department shall pay |
| 12 | | into the Underground Storage Tank Fund from the proceeds |
| 13 | | collected under this Act, the Use Tax Act, the Service |
| 14 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an |
| 15 | | amount equal to the average monthly deficit in the Underground |
| 16 | | Storage Tank Fund during the prior year, as certified annually |
| 17 | | by the Illinois Environmental Protection Agency, but the total |
| 18 | | payment into the Underground Storage Tank Fund under this Act, |
| 19 | | the Use Tax Act, the Service Occupation Tax Act, and the |
| 20 | | Retailers' Occupation Tax Act shall not exceed $18,000,000 in |
| 21 | | any State fiscal year. As used in this paragraph, the "average |
| 22 | | monthly deficit" shall be equal to the difference between the |
| 23 | | average monthly claims for payment by the fund and the average |
| 24 | | monthly revenues deposited into the fund, excluding payments |
| 25 | | made pursuant to this paragraph. |
| 26 | | Of the remainder of the moneys received by the Department |
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| 1 | | pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
| 2 | | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on |
| 3 | | and after July 1,
1989, 3.8% thereof shall be paid into the |
| 4 | | Build Illinois Fund; provided,
however, that if in any fiscal |
| 5 | | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case |
| 6 | | may be, of the moneys received by the Department and
required |
| 7 | | to be paid into the Build Illinois Fund pursuant to Section 3 |
| 8 | | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
| 9 | | Act, Section 9
of the Service Use Tax Act, and Section 9 of the |
| 10 | | Service Occupation Tax
Act, such Acts being hereinafter called |
| 11 | | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case |
| 12 | | may be, of moneys being hereinafter called the
"Tax Act |
| 13 | | Amount", and (2) the amount transferred to the Build Illinois |
| 14 | | Fund
from the State and Local Sales Tax Reform Fund shall be |
| 15 | | less than the
Annual Specified Amount (as defined in Section 3 |
| 16 | | of the Retailers'
Occupation Tax Act), an amount equal to the |
| 17 | | difference shall be immediately
paid into the Build Illinois |
| 18 | | Fund from other moneys received by the
Department pursuant to |
| 19 | | the Tax Acts; and further provided, that if on the
last |
| 20 | | business day of any month the sum of (1) the Tax Act Amount |
| 21 | | required
to be deposited into the Build Illinois Bond Account |
| 22 | | in the Build Illinois
Fund during such month and (2) the amount |
| 23 | | transferred during such month to
the Build Illinois Fund from |
| 24 | | the State and Local Sales Tax Reform Fund
shall have been less |
| 25 | | than 1/12 of the Annual Specified Amount, an amount
equal to |
| 26 | | the difference shall be immediately paid into the Build |
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| 1 | | Illinois
Fund from other moneys received by the Department |
| 2 | | pursuant to the Tax Acts;
and, further provided, that in no |
| 3 | | event shall the payments required under
the preceding proviso |
| 4 | | result in aggregate payments into the Build Illinois
Fund |
| 5 | | pursuant to this clause (b) for any fiscal year in excess of |
| 6 | | the
greater of (i) the Tax Act Amount or (ii) the Annual |
| 7 | | Specified Amount for
such fiscal year; and, further provided, |
| 8 | | that the amounts payable into the
Build Illinois Fund under |
| 9 | | this clause (b) shall be payable only until such
time as the |
| 10 | | aggregate amount on deposit under each trust indenture securing
|
| 11 | | Bonds issued and outstanding pursuant to the Build Illinois |
| 12 | | Bond Act is
sufficient, taking into account any future |
| 13 | | investment income, to fully
provide, in accordance with such |
| 14 | | indenture, for the defeasance of or the
payment of the |
| 15 | | principal of, premium, if any, and interest on the Bonds
|
| 16 | | secured by such indenture and on any Bonds expected to be |
| 17 | | issued thereafter
and all fees and costs payable with respect |
| 18 | | thereto, all as certified by
the Director of the
Bureau of the |
| 19 | | Budget (now Governor's Office of Management and Budget). If
on |
| 20 | | the last business day of
any month in which Bonds are |
| 21 | | outstanding pursuant to the Build Illinois
Bond Act, the |
| 22 | | aggregate of the moneys deposited in the Build Illinois Bond
|
| 23 | | Account in the Build Illinois Fund in such month shall be less |
| 24 | | than the
amount required to be transferred in such month from |
| 25 | | the Build Illinois
Bond Account to the Build Illinois Bond |
| 26 | | Retirement and Interest Fund
pursuant to Section 13 of the |
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| 1 | | Build Illinois Bond Act, an amount equal to
such deficiency |
| 2 | | shall be immediately paid from other moneys received by the
|
| 3 | | Department pursuant to the Tax Acts to the Build Illinois Fund; |
| 4 | | provided,
however, that any amounts paid to the Build Illinois |
| 5 | | Fund in any fiscal
year pursuant to this sentence shall be |
| 6 | | deemed to constitute payments
pursuant to clause (b) of the |
| 7 | | preceding sentence and shall reduce the
amount otherwise |
| 8 | | payable for such fiscal year pursuant to clause (b) of the
|
| 9 | | preceding sentence. The moneys received by the Department |
| 10 | | pursuant to this
Act and required to be deposited into the |
| 11 | | Build Illinois Fund are subject
to the pledge, claim and charge |
| 12 | | set forth in Section 12 of the Build Illinois
Bond Act. |
| 13 | | Subject to payment of amounts into the Build Illinois Fund |
| 14 | | as provided in
the preceding paragraph or in any amendment |
| 15 | | thereto hereafter enacted, the
following specified monthly |
| 16 | | installment of the amount requested in the
certificate of the |
| 17 | | Chairman of the Metropolitan Pier and Exposition
Authority |
| 18 | | provided under Section 8.25f of the State Finance Act, but not |
| 19 | | in
excess of the sums designated as "Total Deposit", shall be |
| 20 | | deposited in the
aggregate from collections under Section 9 of |
| 21 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section |
| 22 | | 9 of the Service Occupation Tax Act, and
Section 3 of the |
| 23 | | Retailers' Occupation Tax Act into the McCormick Place
|
| 24 | | Expansion Project Fund in the specified fiscal years. |
|
| 25 | | Fiscal Year | | Total Deposit | |
|
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| 1 | | 1993 | | $0 | |
| 2 | | 1994 | | 53,000,000 | |
| 3 | | 1995 | | 58,000,000 | |
| 4 | | 1996 | | 61,000,000 | |
| 5 | | 1997 | | 64,000,000 | |
| 6 | | 1998 | | 68,000,000 | |
| 7 | | 1999 | | 71,000,000 | |
| 8 | | 2000 | | 75,000,000 | |
| 9 | | 2001 | | 80,000,000 | |
| 10 | | 2002 | | 93,000,000 | |
| 11 | | 2003 | | 99,000,000 | |
| 12 | | 2004 | | 103,000,000 | |
| 13 | | 2005 | | 108,000,000 | |
| 14 | | 2006 | | 113,000,000 | |
| 15 | | 2007 | | 119,000,000 | |
| 16 | | 2008 | | 126,000,000 | |
| 17 | | 2009 | | 132,000,000 | |
| 18 | | 2010 | | 139,000,000 | |
| 19 | | 2011 | | 146,000,000 | |
| 20 | | 2012 | | 153,000,000 | |
| 21 | | 2013 | | 161,000,000 | |
| 22 | | 2014 | | 170,000,000 | |
| 23 | | 2015 | | 179,000,000 | |
| 24 | | 2016 | | 189,000,000 | |
| 25 | | 2017 | | 199,000,000 | |
| 26 | | 2018 | | 210,000,000 | |
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| 1 | | 2019 | | 221,000,000 | |
| 2 | | 2020 | | 233,000,000 | |
| 3 | | 2021 | | 246,000,000 | |
| 4 | | 2022 | | 260,000,000 | |
| 5 | | 2023 | | 275,000,000 | |
| 6 | | 2024 | | 275,000,000 | |
| 7 | | 2025 | | 275,000,000 | |
| 8 | | 2026 | | 279,000,000 | |
| 9 | | 2027 | | 292,000,000 | |
| 10 | | 2028 | | 307,000,000 | |
| 11 | | 2029 | | 322,000,000 | |
| 12 | | 2030 | | 338,000,000 | |
| 13 | | 2031 | | 350,000,000 | |
| 14 | | 2032 | | 350,000,000 | |
| 15 | | and | | |
|
| 16 | | each fiscal year | | |
|
| 17 | | thereafter that bonds | | |
|
| 18 | | are outstanding under | | |
|
| 19 | | Section 13.2 of the | | |
|
| 20 | | Metropolitan Pier and | | |
|
| 21 | | Exposition Authority Act, | | |
|
| 22 | | but not after fiscal year 2060. | | |
|
| 23 | | Beginning July 20, 1993 and in each month of each fiscal |
| 24 | | year thereafter,
one-eighth of the amount requested in the |
| 25 | | certificate of the Chairman of
the Metropolitan Pier and |
| 26 | | Exposition Authority for that fiscal year, less
the amount |
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| 1 | | deposited into the McCormick Place Expansion Project Fund by |
| 2 | | the
State Treasurer in the respective month under subsection |
| 3 | | (g) of Section 13
of the Metropolitan Pier and Exposition |
| 4 | | Authority Act, plus cumulative
deficiencies in the deposits |
| 5 | | required under this Section for previous
months and years, |
| 6 | | shall be deposited into the McCormick Place Expansion
Project |
| 7 | | Fund, until the full amount requested for the fiscal year, but |
| 8 | | not
in excess of the amount specified above as "Total Deposit", |
| 9 | | has been deposited. |
| 10 | | Subject to payment of amounts into the Build Illinois Fund |
| 11 | | and the
McCormick Place Expansion Project Fund
pursuant to the |
| 12 | | preceding paragraphs or in any amendments thereto hereafter
|
| 13 | | enacted, beginning July 1, 1993 and ending on September 30, |
| 14 | | 2013, the Department shall each month pay into the
Illinois Tax |
| 15 | | Increment Fund 0.27% of 80% of the net revenue realized for the
|
| 16 | | preceding month from the 6.25% general rate on the selling |
| 17 | | price of tangible
personal property. |
| 18 | | Subject to payment of amounts into the Build Illinois Fund |
| 19 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 20 | | preceding paragraphs or
in any
amendments thereto hereafter |
| 21 | | enacted, beginning with the receipt of the first
report of |
| 22 | | taxes paid by an eligible business and continuing for a 25-year
|
| 23 | | period, the Department shall each month pay into the Energy |
| 24 | | Infrastructure
Fund 80% of the net revenue realized from the |
| 25 | | 6.25% general rate on the
selling price of Illinois-mined coal |
| 26 | | that was sold to an eligible business.
For purposes of this |
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| 1 | | paragraph, the term "eligible business" means a new
electric |
| 2 | | generating facility certified pursuant to Section 605-332 of |
| 3 | | the
Department of Commerce and
Economic Opportunity Law of the |
| 4 | | Civil Administrative
Code of Illinois. |
| 5 | | Of the remainder of the moneys received by the Department |
| 6 | | pursuant to this
Act, 75% thereof shall be paid into the |
| 7 | | General Revenue Fund of the State Treasury and 25% shall be |
| 8 | | reserved in a special account and used only for the transfer to |
| 9 | | the Common School Fund as part of the monthly transfer from the |
| 10 | | General Revenue Fund in accordance with Section 8a of the State |
| 11 | | Finance Act. |
| 12 | | As soon as possible after the first day of each month, upon |
| 13 | | certification
of the Department of Revenue, the Comptroller |
| 14 | | shall order transferred and
the Treasurer shall transfer from |
| 15 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount |
| 16 | | equal to 1.7% of 80% of the net revenue realized
under this Act |
| 17 | | for the second preceding month.
Beginning April 1, 2000, this |
| 18 | | transfer is no longer required
and shall not be made. |
| 19 | | Net revenue realized for a month shall be the revenue |
| 20 | | collected by the State
pursuant to this Act, less the amount |
| 21 | | paid out during that month as refunds
to taxpayers for |
| 22 | | overpayment of liability. |
| 23 | | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; |
| 24 | | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
|
| 25 | | Section 185. The Service Occupation Tax Act is amended by |
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| 1 | | changing Sections 3-5, 3-10, and 9 as follows:
|
| 2 | | (35 ILCS 115/3-5)
|
| 3 | | Sec. 3-5. Exemptions. The following tangible personal |
| 4 | | property is
exempt from the tax imposed by this Act:
|
| 5 | | (1) Personal property sold by a corporation, society, |
| 6 | | association,
foundation, institution, or organization, other |
| 7 | | than a limited liability
company, that is organized and |
| 8 | | operated as a not-for-profit service enterprise
for the benefit |
| 9 | | of persons 65 years of age or older if the personal property
|
| 10 | | was not purchased by the enterprise for the purpose of resale |
| 11 | | by the
enterprise.
|
| 12 | | (2) Personal property purchased by a not-for-profit |
| 13 | | Illinois county fair
association for use in conducting, |
| 14 | | operating, or promoting the county fair.
|
| 15 | | (3) Personal property purchased by any not-for-profit
arts |
| 16 | | or cultural organization that establishes, by proof required by |
| 17 | | the
Department by
rule, that it has received an exemption under |
| 18 | | Section 501(c)(3) of the
Internal Revenue Code and that is |
| 19 | | organized and operated primarily for the
presentation
or |
| 20 | | support of arts or cultural programming, activities, or |
| 21 | | services. These
organizations include, but are not limited to, |
| 22 | | music and dramatic arts
organizations such as symphony |
| 23 | | orchestras and theatrical groups, arts and
cultural service |
| 24 | | organizations, local arts councils, visual arts organizations,
|
| 25 | | and media arts organizations.
On and after the effective date |
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| 1 | | of this amendatory Act of the 92nd General
Assembly, however, |
| 2 | | an entity otherwise eligible for this exemption shall not
make |
| 3 | | tax-free purchases unless it has an active identification |
| 4 | | number issued by
the Department.
|
| 5 | | (4) Legal tender, currency, medallions, or gold or silver |
| 6 | | coinage
issued by the State of Illinois, the government of the |
| 7 | | United States of
America, or the government of any foreign |
| 8 | | country, and bullion.
|
| 9 | | (5) Until July 1, 2003 and beginning again on September 1, |
| 10 | | 2004 through August 30, 2014, graphic arts machinery and |
| 11 | | equipment, including
repair and
replacement parts, both new and |
| 12 | | used, and including that manufactured on
special order or |
| 13 | | purchased for lease, certified by the purchaser to be used
|
| 14 | | primarily for graphic arts production.
Equipment includes |
| 15 | | chemicals or chemicals acting as catalysts but only if
the
|
| 16 | | chemicals or chemicals acting as catalysts effect a direct and |
| 17 | | immediate change
upon a graphic arts product.
|
| 18 | | (6) Personal property sold by a teacher-sponsored student |
| 19 | | organization
affiliated with an elementary or secondary school |
| 20 | | located in Illinois.
|
| 21 | | (7) Farm machinery and equipment, both new and used, |
| 22 | | including that
manufactured on special order, certified by the |
| 23 | | purchaser to be used
primarily for production agriculture or |
| 24 | | State or federal agricultural
programs, including individual |
| 25 | | replacement parts for the machinery and
equipment, including |
| 26 | | machinery and equipment purchased for lease,
and including |
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| 1 | | implements of husbandry defined in Section 1-130 of
the |
| 2 | | Illinois Vehicle Code, farm machinery and agricultural |
| 3 | | chemical and
fertilizer spreaders, and nurse wagons required to |
| 4 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
| 5 | | but
excluding other motor vehicles required to be registered |
| 6 | | under the Illinois
Vehicle
Code.
Horticultural polyhouses or |
| 7 | | hoop houses used for propagating, growing, or
overwintering |
| 8 | | plants shall be considered farm machinery and equipment under
|
| 9 | | this item (7).
Agricultural chemical tender tanks and dry boxes |
| 10 | | shall include units sold
separately from a motor vehicle |
| 11 | | required to be licensed and units sold mounted
on a motor |
| 12 | | vehicle required to be licensed if the selling price of the |
| 13 | | tender
is separately stated.
|
| 14 | | Farm machinery and equipment shall include precision |
| 15 | | farming equipment
that is
installed or purchased to be |
| 16 | | installed on farm machinery and equipment
including, but not |
| 17 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
| 18 | | or spreaders.
Precision farming equipment includes, but is not |
| 19 | | limited to,
soil testing sensors, computers, monitors, |
| 20 | | software, global positioning
and mapping systems, and other |
| 21 | | such equipment.
|
| 22 | | Farm machinery and equipment also includes computers, |
| 23 | | sensors, software, and
related equipment used primarily in the
|
| 24 | | computer-assisted operation of production agriculture |
| 25 | | facilities, equipment,
and activities such as, but
not limited |
| 26 | | to,
the collection, monitoring, and correlation of
animal and |
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| 1 | | crop data for the purpose of
formulating animal diets and |
| 2 | | agricultural chemicals. This item (7) is exempt
from the |
| 3 | | provisions of
Section 3-55.
|
| 4 | | (8) Until June 30, 2013, fuel and petroleum products sold |
| 5 | | to or used by an air common
carrier, certified by the carrier |
| 6 | | to be used for consumption, shipment,
or storage in the conduct |
| 7 | | of its business as an air common carrier, for
a flight destined |
| 8 | | for or returning from a location or locations
outside the |
| 9 | | United States without regard to previous or subsequent domestic
|
| 10 | | stopovers.
|
| 11 | | Beginning July 1, 2013, fuel and petroleum products sold to |
| 12 | | or used by an air carrier, certified by the carrier to be used |
| 13 | | for consumption, shipment, or storage in the conduct of its |
| 14 | | business as an air common carrier, for a flight that (i) is |
| 15 | | engaged in foreign trade or is engaged in trade between the |
| 16 | | United States and any of its possessions and (ii) transports at |
| 17 | | least one individual or package for hire from the city of |
| 18 | | origination to the city of final destination on the same |
| 19 | | aircraft, without regard to a change in the flight number of |
| 20 | | that aircraft. |
| 21 | | (9) Proceeds of mandatory service charges separately
|
| 22 | | stated on customers' bills for the purchase and consumption of |
| 23 | | food and
beverages, to the extent that the proceeds of the |
| 24 | | service charge are in fact
turned over as tips or as a |
| 25 | | substitute for tips to the employees who
participate directly |
| 26 | | in preparing, serving, hosting or cleaning up the
food or |
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| 1 | | beverage function with respect to which the service charge is |
| 2 | | imposed.
|
| 3 | | (10) Until July 1, 2003, oil field exploration, drilling, |
| 4 | | and production
equipment,
including (i) rigs and parts of rigs, |
| 5 | | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and |
| 6 | | tubular goods, including casing and
drill strings, (iii) pumps |
| 7 | | and pump-jack units, (iv) storage tanks and flow
lines, (v) any |
| 8 | | individual replacement part for oil field exploration,
|
| 9 | | drilling, and production equipment, and (vi) machinery and |
| 10 | | equipment purchased
for lease; but
excluding motor vehicles |
| 11 | | required to be registered under the Illinois
Vehicle Code.
|
| 12 | | (11) Photoprocessing machinery and equipment, including |
| 13 | | repair and
replacement parts, both new and used, including that |
| 14 | | manufactured on
special order, certified by the purchaser to be |
| 15 | | used primarily for
photoprocessing, and including |
| 16 | | photoprocessing machinery and equipment
purchased for lease.
|
| 17 | | (12) Coal and aggregate exploration, mining, off-highway |
| 18 | | offhighway hauling,
processing,
maintenance, and reclamation |
| 19 | | equipment, including
replacement parts and equipment, and |
| 20 | | including
equipment
purchased for lease, but excluding motor |
| 21 | | vehicles required to be registered
under the Illinois Vehicle |
| 22 | | Code. The changes made to this Section by Public Act 97-767 |
| 23 | | apply on and after July 1, 2003, but no claim for credit or |
| 24 | | refund is allowed on or after August 16, 2013 (the effective |
| 25 | | date of Public Act 98-456) this amendatory Act of the 98th |
| 26 | | General Assembly
for such taxes paid during the period |
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| 1 | | beginning July 1, 2003 and ending on August 16, 2013 (the |
| 2 | | effective date of Public Act 98-456) this amendatory Act of the |
| 3 | | 98th General Assembly.
|
| 4 | | (13) Beginning January 1, 1992 and through June 30, 2016, |
| 5 | | food for human consumption that is to be consumed off the |
| 6 | | premises
where it is sold (other than alcoholic beverages, soft |
| 7 | | drinks and food that
has been prepared for immediate |
| 8 | | consumption) and prescription and
non-prescription medicines, |
| 9 | | drugs, medical appliances, and insulin, urine
testing |
| 10 | | materials, syringes, and needles used by diabetics, for human |
| 11 | | use,
when purchased for use by a person receiving medical |
| 12 | | assistance under
Article V of the Illinois Public Aid Code who |
| 13 | | resides in a licensed
long-term care facility, as defined in |
| 14 | | the Nursing Home Care Act, or in a licensed facility as defined |
| 15 | | in the ID/DD Community Care Act or the Specialized Mental |
| 16 | | Health Rehabilitation Act of 2013.
|
| 17 | | (14) Semen used for artificial insemination of livestock |
| 18 | | for direct
agricultural production.
|
| 19 | | (15) Horses, or interests in horses, registered with and |
| 20 | | meeting the
requirements of any of the
Arabian Horse Club |
| 21 | | Registry of America, Appaloosa Horse Club, American Quarter
|
| 22 | | Horse Association, United States
Trotting Association, or |
| 23 | | Jockey Club, as appropriate, used for
purposes of breeding or |
| 24 | | racing for prizes. This item (15) is exempt from the provisions |
| 25 | | of Section 3-55, and the exemption provided for under this item |
| 26 | | (15) applies for all periods beginning May 30, 1995, but no |
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| 1 | | claim for credit or refund is allowed on or after January 1, |
| 2 | | 2008 (the effective date of Public Act 95-88)
for such taxes |
| 3 | | paid during the period beginning May 30, 2000 and ending on |
| 4 | | January 1, 2008 (the effective date of Public Act 95-88).
|
| 5 | | (16) Computers and communications equipment utilized for |
| 6 | | any
hospital
purpose
and equipment used in the diagnosis,
|
| 7 | | analysis, or treatment of hospital patients sold to a lessor |
| 8 | | who leases the
equipment, under a lease of one year or longer |
| 9 | | executed or in effect at the
time of the purchase, to a
|
| 10 | | hospital
that has been issued an active tax exemption |
| 11 | | identification number by the
Department under Section 1g of the |
| 12 | | Retailers' Occupation Tax Act.
|
| 13 | | (17) Personal property sold to a lessor who leases the
|
| 14 | | property, under a
lease of one year or longer executed or in |
| 15 | | effect at the time of the purchase,
to a governmental body
that |
| 16 | | has been issued an active tax exemption identification number |
| 17 | | by the
Department under Section 1g of the Retailers' Occupation |
| 18 | | Tax Act.
|
| 19 | | (18) Beginning with taxable years ending on or after |
| 20 | | December
31, 1995
and
ending with taxable years ending on or |
| 21 | | before December 31, 2004,
personal property that is
donated for |
| 22 | | disaster relief to be used in a State or federally declared
|
| 23 | | disaster area in Illinois or bordering Illinois by a |
| 24 | | manufacturer or retailer
that is registered in this State to a |
| 25 | | corporation, society, association,
foundation, or institution |
| 26 | | that has been issued a sales tax exemption
identification |
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| 1 | | number by the Department that assists victims of the disaster
|
| 2 | | who reside within the declared disaster area.
|
| 3 | | (19) Beginning with taxable years ending on or after |
| 4 | | December
31, 1995 and
ending with taxable years ending on or |
| 5 | | before December 31, 2004, personal
property that is used in the |
| 6 | | performance of infrastructure repairs in this
State, including |
| 7 | | but not limited to municipal roads and streets, access roads,
|
| 8 | | bridges, sidewalks, waste disposal systems, water and sewer |
| 9 | | line extensions,
water distribution and purification |
| 10 | | facilities, storm water drainage and
retention facilities, and |
| 11 | | sewage treatment facilities, resulting from a State
or |
| 12 | | federally declared disaster in Illinois or bordering Illinois |
| 13 | | when such
repairs are initiated on facilities located in the |
| 14 | | declared disaster area
within 6 months after the disaster.
|
| 15 | | (20) Beginning July 1, 1999, game or game birds sold at a |
| 16 | | "game breeding
and
hunting preserve area" as that term is used
|
| 17 | | in the
Wildlife Code. This paragraph is exempt from the |
| 18 | | provisions
of
Section 3-55.
|
| 19 | | (21) A motor vehicle, as that term is defined in Section |
| 20 | | 1-146
of the
Illinois Vehicle Code, that is donated to a |
| 21 | | corporation, limited liability
company, society, association, |
| 22 | | foundation, or institution that is determined by
the Department |
| 23 | | to be organized and operated exclusively for educational
|
| 24 | | purposes. For purposes of this exemption, "a corporation, |
| 25 | | limited liability
company, society, association, foundation, |
| 26 | | or institution organized and
operated
exclusively for |
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| 1 | | educational purposes" means all tax-supported public schools,
|
| 2 | | private schools that offer systematic instruction in useful |
| 3 | | branches of
learning by methods common to public schools and |
| 4 | | that compare favorably in
their scope and intensity with the |
| 5 | | course of study presented in tax-supported
schools, and |
| 6 | | vocational or technical schools or institutes organized and
|
| 7 | | operated exclusively to provide a course of study of not less |
| 8 | | than 6 weeks
duration and designed to prepare individuals to |
| 9 | | follow a trade or to pursue a
manual, technical, mechanical, |
| 10 | | industrial, business, or commercial
occupation.
|
| 11 | | (22) Beginning January 1, 2000, personal property, |
| 12 | | including
food,
purchased through fundraising
events for the |
| 13 | | benefit of
a public or private elementary or
secondary school, |
| 14 | | a group of those schools, or one or more school
districts if |
| 15 | | the events are
sponsored by an entity recognized by the school |
| 16 | | district that consists
primarily of volunteers and includes
|
| 17 | | parents and teachers of the school children. This paragraph |
| 18 | | does not apply
to fundraising
events (i) for the benefit of |
| 19 | | private home instruction or (ii)
for which the fundraising |
| 20 | | entity purchases the personal property sold at
the events from |
| 21 | | another individual or entity that sold the property for the
|
| 22 | | purpose of resale by the fundraising entity and that
profits |
| 23 | | from the sale to the
fundraising entity. This paragraph is |
| 24 | | exempt
from the provisions
of Section 3-55.
|
| 25 | | (23) Beginning January 1, 2000
and through December 31, |
| 26 | | 2001, new or used automatic vending
machines that prepare and |
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| 1 | | serve hot food and beverages, including coffee, soup,
and
other |
| 2 | | items, and replacement parts for these machines.
Beginning |
| 3 | | January 1,
2002 and through June 30, 2003, machines and parts |
| 4 | | for
machines used in commercial, coin-operated amusement
and |
| 5 | | vending business if a use or occupation tax is paid on the |
| 6 | | gross receipts
derived from
the use of the commercial, |
| 7 | | coin-operated amusement and vending machines.
This paragraph |
| 8 | | is exempt from the provisions of Section 3-55.
|
| 9 | | (24) Beginning
on the effective date of this amendatory Act |
| 10 | | of the 92nd General Assembly,
computers and communications |
| 11 | | equipment
utilized for any hospital purpose and equipment used |
| 12 | | in the diagnosis,
analysis, or treatment of hospital patients |
| 13 | | sold to a lessor who leases the
equipment, under a lease of one |
| 14 | | year or longer executed or in effect at the
time of the |
| 15 | | purchase, to a hospital that has been issued an active tax
|
| 16 | | exemption identification number by the Department under |
| 17 | | Section 1g of the
Retailers' Occupation Tax Act. This paragraph |
| 18 | | is exempt from the provisions of
Section 3-55.
|
| 19 | | (25) Beginning
on the effective date of this amendatory Act |
| 20 | | of the 92nd General Assembly,
personal property sold to a |
| 21 | | lessor who
leases the property, under a lease of one year or |
| 22 | | longer executed or in effect
at the time of the purchase, to a |
| 23 | | governmental body that has been issued an
active tax exemption |
| 24 | | identification number by the Department under Section 1g
of the |
| 25 | | Retailers' Occupation Tax Act. This paragraph is exempt from |
| 26 | | the
provisions of Section 3-55.
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| 1 | | (26) Beginning on January 1, 2002 and through June 30, |
| 2 | | 2016, tangible personal property
purchased
from an Illinois |
| 3 | | retailer by a taxpayer engaged in centralized purchasing
|
| 4 | | activities in Illinois who will, upon receipt of the property |
| 5 | | in Illinois,
temporarily store the property in Illinois (i) for |
| 6 | | the purpose of subsequently
transporting it outside this State |
| 7 | | for use or consumption thereafter solely
outside this State or |
| 8 | | (ii) for the purpose of being processed, fabricated, or
|
| 9 | | manufactured into, attached to, or incorporated into other |
| 10 | | tangible personal
property to be transported outside this State |
| 11 | | and thereafter used or consumed
solely outside this State. The |
| 12 | | Director of Revenue shall, pursuant to rules
adopted in |
| 13 | | accordance with the Illinois Administrative Procedure Act, |
| 14 | | issue a
permit to any taxpayer in good standing with the |
| 15 | | Department who is eligible for
the exemption under this |
| 16 | | paragraph (26). The permit issued under
this paragraph (26) |
| 17 | | shall authorize the holder, to the extent and
in the manner |
| 18 | | specified in the rules adopted under this Act, to purchase
|
| 19 | | tangible personal property from a retailer exempt from the |
| 20 | | taxes imposed by
this Act. Taxpayers shall maintain all |
| 21 | | necessary books and records to
substantiate the use and |
| 22 | | consumption of all such tangible personal property
outside of |
| 23 | | the State of Illinois.
|
| 24 | | (27) Beginning January 1, 2008, tangible personal property |
| 25 | | used in the construction or maintenance of a community water |
| 26 | | supply, as defined under Section 3.145 of the Environmental |
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| 1 | | Protection Act, that is operated by a not-for-profit |
| 2 | | corporation that holds a valid water supply permit issued under |
| 3 | | Title IV of the Environmental Protection Act. This paragraph is |
| 4 | | exempt from the provisions of Section 3-55.
|
| 5 | | (28) Tangible personal property sold to a |
| 6 | | public-facilities corporation, as described in Section |
| 7 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
| 8 | | constructing or furnishing a municipal convention hall, but |
| 9 | | only if the legal title to the municipal convention hall is |
| 10 | | transferred to the municipality without any further |
| 11 | | consideration by or on behalf of the municipality at the time |
| 12 | | of the completion of the municipal convention hall or upon the |
| 13 | | retirement or redemption of any bonds or other debt instruments |
| 14 | | issued by the public-facilities corporation in connection with |
| 15 | | the development of the municipal convention hall. This |
| 16 | | exemption includes existing public-facilities corporations as |
| 17 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
| 18 | | This paragraph is exempt from the provisions of Section 3-55. |
| 19 | | (29) Beginning January 1, 2010, materials, parts, |
| 20 | | equipment, components, and furnishings incorporated into or |
| 21 | | upon an aircraft as part of the modification, refurbishment, |
| 22 | | completion, replacement, repair, or maintenance of the |
| 23 | | aircraft. This exemption includes consumable supplies used in |
| 24 | | the modification, refurbishment, completion, replacement, |
| 25 | | repair, and maintenance of aircraft, but excludes any |
| 26 | | materials, parts, equipment, components, and consumable |
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| 1 | | supplies used in the modification, replacement, repair, and |
| 2 | | maintenance of aircraft engines or power plants, whether such |
| 3 | | engines or power plants are installed or uninstalled upon any |
| 4 | | such aircraft. "Consumable supplies" include, but are not |
| 5 | | limited to, adhesive, tape, sandpaper, general purpose |
| 6 | | lubricants, cleaning solution, latex gloves, and protective |
| 7 | | films. This exemption applies only to the transfer of |
| 8 | | qualifying tangible personal property incident to the |
| 9 | | modification, refurbishment, completion, replacement, repair, |
| 10 | | or maintenance of an aircraft by persons who (i) hold an Air |
| 11 | | Agency Certificate and are empowered to operate an approved |
| 12 | | repair station by the Federal Aviation Administration, (ii) |
| 13 | | have a Class IV Rating, and (iii) conduct operations in |
| 14 | | accordance with Part 145 of the Federal Aviation Regulations. |
| 15 | | The exemption does not include aircraft operated by a |
| 16 | | commercial air carrier providing scheduled passenger air |
| 17 | | service pursuant to authority issued under Part 121 or Part 129 |
| 18 | | of the Federal Aviation Regulations. The changes made to this |
| 19 | | paragraph (29) by Public Act 98-534 this amendatory Act of the |
| 20 | | 98th General Assembly are declarative of existing law. |
| 21 | | (Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, |
| 22 | | eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, |
| 23 | | eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13; |
| 24 | | 98-456, eff. 8-16-13; 98-534, eff. 8-23-13; revised 9-9-13.)
|
| 25 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
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| 1 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
| 2 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
| 3 | | the "selling price",
as defined in Section 2 of the Service Use |
| 4 | | Tax Act, of the tangible
personal property. For the purpose of |
| 5 | | computing this tax, in no event
shall the "selling price" be |
| 6 | | less than the cost price to the serviceman of
the tangible |
| 7 | | personal property transferred. The selling price of each item
|
| 8 | | of tangible personal property transferred as an incident of a |
| 9 | | sale of
service may be shown as a distinct and separate item on |
| 10 | | the serviceman's
billing to the service customer. If the |
| 11 | | selling price is not so shown, the
selling price of the |
| 12 | | tangible personal property is deemed to be 50% of the
|
| 13 | | serviceman's entire billing to the service customer. When, |
| 14 | | however, a
serviceman contracts to design, develop, and produce |
| 15 | | special order machinery or
equipment, the tax imposed by this |
| 16 | | Act shall be based on the serviceman's
cost price of the |
| 17 | | tangible personal property transferred incident to the
|
| 18 | | completion of the contract.
|
| 19 | | Beginning on July 1, 2000 and through December 31, 2000, |
| 20 | | with respect to
motor fuel, as defined in Section 1.1 of the |
| 21 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
| 22 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
| 23 | | With respect to gasohol, as defined in the Use Tax Act, the |
| 24 | | tax imposed
by this Act shall apply to (i) 70% of the cost |
| 25 | | price of property
transferred as
an incident to the sale of |
| 26 | | service on or after January 1, 1990, and before
July 1, 2003, |
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| 1 | | (ii) 80% of the selling price of property transferred as an
|
| 2 | | incident to the sale of service on or after July
1, 2003 and on |
| 3 | | or before December 31, 2018, and (iii) 100%
of
the cost price
|
| 4 | | thereafter.
If, at any time, however, the tax under this Act on |
| 5 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
| 6 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
| 7 | | 100% of the proceeds of sales of gasohol
made during that time.
|
| 8 | | With respect to majority blended ethanol fuel, as defined |
| 9 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
| 10 | | to the selling price of property transferred
as an incident to |
| 11 | | the sale of service on or after July 1, 2003 and on or before
|
| 12 | | December 31, 2018 but applies to 100% of the selling price |
| 13 | | thereafter.
|
| 14 | | With respect to biodiesel blends, as defined in the Use Tax |
| 15 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
| 16 | | tax imposed by this Act
applies to (i) 80% of the selling price |
| 17 | | of property transferred as an incident
to the sale of service |
| 18 | | on or after July 1, 2003 and on or before December 31, 2018
and |
| 19 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, |
| 20 | | at any time, however, the tax under this Act on sales of |
| 21 | | biodiesel blends,
as
defined in the Use Tax Act, with no less |
| 22 | | than 1% and no more than 10% biodiesel
is imposed at the rate |
| 23 | | of 1.25%, then the
tax imposed by this Act applies to 100% of |
| 24 | | the proceeds of sales of biodiesel
blends with no less than 1% |
| 25 | | and no more than 10% biodiesel
made
during that time.
|
| 26 | | With respect to 100% biodiesel, as defined in the Use Tax |
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| 1 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
| 2 | | more than 10% but no more than 99% biodiesel material, the tax |
| 3 | | imposed by this
Act
does not apply to the proceeds of the |
| 4 | | selling price of property transferred
as an incident to the |
| 5 | | sale of service on or after July 1, 2003 and on or before
|
| 6 | | December 31, 2018 but applies to 100% of the selling price |
| 7 | | thereafter.
|
| 8 | | At the election of any registered serviceman made for each |
| 9 | | fiscal year,
sales of service in which the aggregate annual |
| 10 | | cost price of tangible
personal property transferred as an |
| 11 | | incident to the sales of service is
less than 35%, or 75% in |
| 12 | | the case of servicemen transferring prescription
drugs or |
| 13 | | servicemen engaged in graphic arts production, of the aggregate
|
| 14 | | annual total gross receipts from all sales of service, the tax |
| 15 | | imposed by
this Act shall be based on the serviceman's cost |
| 16 | | price of the tangible
personal property transferred incident to |
| 17 | | the sale of those services.
|
| 18 | | The tax shall be imposed at the rate of 1% on food prepared |
| 19 | | for
immediate consumption and transferred incident to a sale of |
| 20 | | service subject
to this Act or the Service Occupation Tax Act |
| 21 | | by an entity licensed under
the Hospital Licensing Act, the |
| 22 | | Nursing Home Care Act, the ID/DD Community Care Act, the |
| 23 | | Specialized Mental Health Rehabilitation Act of 2013, or the
|
| 24 | | Child Care Act of 1969. The tax shall
also be imposed at the |
| 25 | | rate of 1% on food for human consumption that is
to be consumed |
| 26 | | off the
premises where it is sold (other than alcoholic |
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| 1 | | beverages, soft drinks, and
food that has been prepared for |
| 2 | | immediate consumption and is not
otherwise included in this |
| 3 | | paragraph) and prescription and
nonprescription medicines, |
| 4 | | drugs, medical appliances, modifications to a motor
vehicle for |
| 5 | | the purpose of rendering it usable by a disabled person, and
|
| 6 | | insulin, urine testing materials, syringes, and needles used by |
| 7 | | diabetics, for
human use. For the purposes of this Section, |
| 8 | | until September 1, 2009: the term "soft drinks" means any
|
| 9 | | complete, finished, ready-to-use, non-alcoholic drink, whether |
| 10 | | carbonated or
not, including but not limited to soda water, |
| 11 | | cola, fruit juice, vegetable
juice, carbonated water, and all |
| 12 | | other preparations commonly known as soft
drinks of whatever |
| 13 | | kind or description that are contained in any closed or
sealed |
| 14 | | can, carton, or container, regardless of size; but "soft |
| 15 | | drinks" does not
include coffee, tea, non-carbonated water, |
| 16 | | infant formula, milk or milk
products as defined in the Grade A |
| 17 | | Pasteurized Milk and Milk Products Act, or
drinks containing |
| 18 | | 50% or more natural fruit or vegetable juice.
|
| 19 | | Notwithstanding any other provisions of this
Act, |
| 20 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
| 21 | | beverages that contain natural or artificial sweeteners. "Soft |
| 22 | | drinks" do not include beverages that contain milk or milk |
| 23 | | products, soy, rice or similar milk substitutes, or greater |
| 24 | | than 50% of vegetable or fruit juice by volume. |
| 25 | | Until August 1, 2009, and notwithstanding any other |
| 26 | | provisions of this Act, "food for human consumption
that is to |
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| 1 | | be consumed off the premises where it is sold" includes all |
| 2 | | food
sold through a vending machine, except soft drinks and |
| 3 | | food products that are
dispensed hot from a vending machine, |
| 4 | | regardless of the location of the vending
machine. Beginning |
| 5 | | August 1, 2009, and notwithstanding any other provisions of |
| 6 | | this Act, "food for human consumption that is to be consumed |
| 7 | | off the premises where it is sold" includes all food sold |
| 8 | | through a vending machine, except soft drinks, candy, and food |
| 9 | | products that are dispensed hot from a vending machine, |
| 10 | | regardless of the location of the vending machine.
|
| 11 | | Notwithstanding any other provisions of this
Act, |
| 12 | | beginning September 1, 2009, "food for human consumption that |
| 13 | | is to be consumed off the premises where
it is sold" does not |
| 14 | | include candy. For purposes of this Section, "candy" means a |
| 15 | | preparation of sugar, honey, or other natural or artificial |
| 16 | | sweeteners in combination with chocolate, fruits, nuts or other |
| 17 | | ingredients or flavorings in the form of bars, drops, or |
| 18 | | pieces. "Candy" does not include any preparation that contains |
| 19 | | flour or requires refrigeration. |
| 20 | | Notwithstanding any other provisions of this
Act, |
| 21 | | beginning September 1, 2009, "nonprescription medicines and |
| 22 | | drugs" does not include grooming and hygiene products. For |
| 23 | | purposes of this Section, "grooming and hygiene products" |
| 24 | | includes, but is not limited to, soaps and cleaning solutions, |
| 25 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
| 26 | | lotions and screens, unless those products are available by |
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| 1 | | prescription only, regardless of whether the products meet the |
| 2 | | definition of "over-the-counter-drugs". For the purposes of |
| 3 | | this paragraph, "over-the-counter-drug" means a drug for human |
| 4 | | use that contains a label that identifies the product as a drug |
| 5 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
| 6 | | label includes: |
| 7 | | (A) A "Drug Facts" panel; or |
| 8 | | (B) A statement of the "active ingredient(s)" with a |
| 9 | | list of those ingredients contained in the compound, |
| 10 | | substance or preparation. |
| 11 | | Beginning on January 1, 2014 (the effective date of Public |
| 12 | | Act 98-122) this amendatory Act of the 98th General Assembly, |
| 13 | | "prescription and nonprescription medicines and drugs" |
| 14 | | includes medical cannabis purchased from a registered |
| 15 | | dispensing organization under the Compassionate Use of Medical |
| 16 | | Cannabis Pilot Program Act. |
| 17 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, |
| 18 | | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised |
| 19 | | 8-9-13.)
|
| 20 | | (35 ILCS 115/9) (from Ch. 120, par. 439.109) |
| 21 | | Sec. 9. Each serviceman required or authorized to collect |
| 22 | | the tax
herein imposed shall pay to the Department the amount |
| 23 | | of such tax at the
time when he is required to file his return |
| 24 | | for the period during which
such tax was collectible, less a |
| 25 | | discount of 2.1% prior to
January 1, 1990, and 1.75% on and |
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| 1 | | after January 1, 1990, or
$5 per calendar year, whichever is |
| 2 | | greater, which is allowed to reimburse
the serviceman for |
| 3 | | expenses incurred in collecting the tax, keeping
records, |
| 4 | | preparing and filing returns, remitting the tax and supplying |
| 5 | | data
to the Department on request. The Department may disallow |
| 6 | | the discount for servicemen whose certificate of registration |
| 7 | | is revoked at the time the return is filed, but only if the |
| 8 | | Department's decision to revoke the certificate of |
| 9 | | registration has become final. |
| 10 | | Where such tangible personal property is sold under a |
| 11 | | conditional
sales contract, or under any other form of sale |
| 12 | | wherein the payment of
the principal sum, or a part thereof, is |
| 13 | | extended beyond the close of
the period for which the return is |
| 14 | | filed, the serviceman, in collecting
the tax may collect, for |
| 15 | | each tax return period, only the tax applicable
to the part of |
| 16 | | the selling price actually received during such tax return
|
| 17 | | period. |
| 18 | | Except as provided hereinafter in this Section, on or |
| 19 | | before the twentieth
day of each calendar month, such |
| 20 | | serviceman shall file a
return for the preceding calendar month |
| 21 | | in accordance with reasonable
rules and regulations to be |
| 22 | | promulgated by the Department of Revenue.
Such return shall be |
| 23 | | filed on a form prescribed by the Department and
shall contain |
| 24 | | such information as the Department may reasonably require. |
| 25 | | The Department may require returns to be filed on a |
| 26 | | quarterly basis.
If so required, a return for each calendar |
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| 1 | | quarter shall be filed on or
before the twentieth day of the |
| 2 | | calendar month following the end of such
calendar quarter. The |
| 3 | | taxpayer shall also file a return with the
Department for each |
| 4 | | of the first two months of each calendar quarter, on or
before |
| 5 | | the twentieth day of the following calendar month, stating: |
| 6 | | 1. The name of the seller; |
| 7 | | 2. The address of the principal place of business from |
| 8 | | which he engages
in business as a serviceman in this State; |
| 9 | | 3. The total amount of taxable receipts received by him |
| 10 | | during the
preceding calendar month, including receipts |
| 11 | | from charge and time sales,
but less all deductions allowed |
| 12 | | by law; |
| 13 | | 4. The amount of credit provided in Section 2d of this |
| 14 | | Act; |
| 15 | | 5. The amount of tax due; |
| 16 | | 5-5. The signature of the taxpayer; and |
| 17 | | 6. Such other reasonable information as the Department |
| 18 | | may
require. |
| 19 | | If a taxpayer fails to sign a return within 30 days after |
| 20 | | the proper notice
and demand for signature by the Department, |
| 21 | | the return shall be considered
valid and any amount shown to be |
| 22 | | due on the return shall be deemed assessed. |
| 23 | | Prior to October 1, 2003, and on and after September 1, |
| 24 | | 2004 a serviceman may accept a Manufacturer's
Purchase Credit |
| 25 | | certification
from a purchaser in satisfaction
of Service Use |
| 26 | | Tax as provided in Section 3-70 of the
Service Use Tax Act if |
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| 1 | | the purchaser provides
the
appropriate
documentation as |
| 2 | | required by Section 3-70 of the Service Use Tax Act.
A |
| 3 | | Manufacturer's Purchase Credit certification, accepted prior |
| 4 | | to October 1,
2003 or on or after September 1, 2004 by a |
| 5 | | serviceman as
provided in Section 3-70 of the Service Use Tax |
| 6 | | Act, may be used by that
serviceman to satisfy Service |
| 7 | | Occupation Tax liability in the amount claimed in
the |
| 8 | | certification, not to exceed 6.25% of the receipts subject to |
| 9 | | tax from a
qualifying purchase. A Manufacturer's Purchase |
| 10 | | Credit reported on any
original or amended return
filed under
|
| 11 | | this Act after October 20, 2003 for reporting periods prior to |
| 12 | | September 1, 2004 shall be disallowed. Manufacturer's Purchase |
| 13 | | Credit reported on annual returns due on or after January 1, |
| 14 | | 2005 will be disallowed for periods prior to September 1, 2004.
|
| 15 | | No Manufacturer's
Purchase Credit may be used after September |
| 16 | | 30, 2003 through August 31, 2004 to
satisfy any
tax liability |
| 17 | | imposed under this Act, including any audit liability. |
| 18 | | If the serviceman's average monthly tax liability to
the |
| 19 | | Department does not exceed $200, the Department may authorize |
| 20 | | his
returns to be filed on a quarter annual basis, with the |
| 21 | | return for
January, February and March of a given year being |
| 22 | | due by April 20 of
such year; with the return for April, May |
| 23 | | and June of a given year being
due by July 20 of such year; with |
| 24 | | the return for July, August and
September of a given year being |
| 25 | | due by October 20 of such year, and with
the return for |
| 26 | | October, November and December of a given year being due
by |
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| 1 | | January 20 of the following year. |
| 2 | | If the serviceman's average monthly tax liability to
the |
| 3 | | Department does not exceed $50, the Department may authorize |
| 4 | | his
returns to be filed on an annual basis, with the return for |
| 5 | | a given year
being due by January 20 of the following year. |
| 6 | | Such quarter annual and annual returns, as to form and |
| 7 | | substance,
shall be subject to the same requirements as monthly |
| 8 | | returns. |
| 9 | | Notwithstanding any other provision in this Act concerning |
| 10 | | the time within
which a serviceman may file his return, in the |
| 11 | | case of any serviceman who
ceases to engage in a kind of |
| 12 | | business which makes him responsible for filing
returns under |
| 13 | | this Act, such serviceman shall file a final return under this
|
| 14 | | Act with the Department not more than 1 month after |
| 15 | | discontinuing such
business. |
| 16 | | Beginning October 1, 1993, a taxpayer who has an average |
| 17 | | monthly tax
liability of $150,000 or more shall make all |
| 18 | | payments required by rules of the
Department by electronic |
| 19 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
| 20 | | an average monthly tax liability of $100,000 or more shall make |
| 21 | | all
payments required by rules of the Department by electronic |
| 22 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has |
| 23 | | an average monthly tax liability
of $50,000 or more shall make |
| 24 | | all payments required by rules of the Department
by electronic |
| 25 | | funds transfer. Beginning October 1, 2000, a taxpayer who has
|
| 26 | | an annual tax liability of $200,000 or more shall make all |
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| 1 | | payments required by
rules of the Department by electronic |
| 2 | | funds transfer. The term "annual tax
liability" shall be the |
| 3 | | sum of the taxpayer's liabilities under this Act, and
under all |
| 4 | | other State and local occupation and use tax laws administered |
| 5 | | by the
Department, for the immediately preceding calendar year. |
| 6 | | The term "average
monthly tax liability" means
the sum of the |
| 7 | | taxpayer's liabilities under this Act, and under all other |
| 8 | | State
and local occupation and use tax laws administered by the |
| 9 | | Department, for the
immediately preceding calendar year |
| 10 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has |
| 11 | | a tax liability in the
amount set forth in subsection (b) of |
| 12 | | Section 2505-210 of the Department of
Revenue Law shall make |
| 13 | | all payments required by rules of the Department by
electronic |
| 14 | | funds transfer. |
| 15 | | Before August 1 of each year beginning in 1993, the |
| 16 | | Department shall
notify all taxpayers required to make payments |
| 17 | | by electronic funds transfer.
All taxpayers required to make |
| 18 | | payments by electronic funds transfer shall make
those payments |
| 19 | | for a minimum of one year beginning on October 1. |
| 20 | | Any taxpayer not required to make payments by electronic |
| 21 | | funds transfer may
make payments by electronic funds transfer |
| 22 | | with the
permission of the Department. |
| 23 | | All taxpayers required to make payment by electronic funds |
| 24 | | transfer and
any taxpayers authorized to voluntarily make |
| 25 | | payments by electronic funds
transfer shall make those payments |
| 26 | | in the manner authorized by the Department. |
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| 1 | | The Department shall adopt such rules as are necessary to |
| 2 | | effectuate a
program of electronic funds transfer and the |
| 3 | | requirements of this Section. |
| 4 | | Where a serviceman collects the tax with respect to the |
| 5 | | selling price of
tangible personal property which he sells and |
| 6 | | the purchaser thereafter returns
such tangible personal |
| 7 | | property and the serviceman refunds the
selling price thereof |
| 8 | | to the purchaser, such serviceman shall also refund,
to the |
| 9 | | purchaser, the tax so collected from the purchaser. When
filing |
| 10 | | his return for the period in which he refunds such tax to the
|
| 11 | | purchaser, the serviceman may deduct the amount of the tax so |
| 12 | | refunded by
him to the purchaser from any other Service |
| 13 | | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or |
| 14 | | Use Tax which such serviceman may be
required to pay or remit |
| 15 | | to the Department, as shown by such return,
provided that the |
| 16 | | amount of the tax to be deducted shall previously have
been |
| 17 | | remitted to the Department by such serviceman. If the |
| 18 | | serviceman shall
not previously have remitted the amount of |
| 19 | | such tax to the Department,
he shall be entitled to no |
| 20 | | deduction hereunder upon refunding such tax
to the purchaser. |
| 21 | | If experience indicates such action to be practicable, the |
| 22 | | Department
may prescribe and furnish a combination or joint |
| 23 | | return which will
enable servicemen, who are required to file |
| 24 | | returns
hereunder and also under the Retailers' Occupation Tax |
| 25 | | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all |
| 26 | | the return
information required by all said Acts on the one |
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| 1 | | form. |
| 2 | | Where the serviceman has more than one business
registered |
| 3 | | with the Department under separate registrations hereunder,
|
| 4 | | such serviceman shall file separate returns for each
registered |
| 5 | | business. |
| 6 | | Beginning January 1, 1990, each month the Department shall |
| 7 | | pay into
the Local Government Tax Fund the revenue realized for |
| 8 | | the
preceding month from the 1% tax on sales of food for human |
| 9 | | consumption
which is to be consumed off the premises where it |
| 10 | | is sold (other than
alcoholic beverages, soft drinks and food |
| 11 | | which has been prepared for
immediate consumption) and |
| 12 | | prescription and nonprescription medicines,
drugs, medical |
| 13 | | appliances and insulin, urine testing materials, syringes
and |
| 14 | | needles used by diabetics. |
| 15 | | Beginning January 1, 1990, each month the Department shall |
| 16 | | pay into
the County and Mass Transit District Fund 4% of the |
| 17 | | revenue realized
for the preceding month from the 6.25% general |
| 18 | | rate. |
| 19 | | Beginning August 1, 2000, each
month the Department shall |
| 20 | | pay into the
County and Mass Transit District Fund 20% of the |
| 21 | | net revenue realized for the
preceding month from the 1.25% |
| 22 | | rate on the selling price of motor fuel and
gasohol. |
| 23 | | Beginning January 1, 1990, each month the Department shall |
| 24 | | pay into
the Local Government Tax Fund 16% of the revenue |
| 25 | | realized for the
preceding month from the 6.25% general rate on |
| 26 | | transfers of
tangible personal property. |
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| 1 | | Beginning August 1, 2000, each
month the Department shall |
| 2 | | pay into the
Local Government Tax Fund 80% of the net revenue |
| 3 | | realized for the preceding
month from the 1.25% rate on the |
| 4 | | selling price of motor fuel and gasohol. |
| 5 | | Beginning October 1, 2009, each month the Department shall |
| 6 | | pay into the Capital Projects Fund an amount that is equal to |
| 7 | | an amount estimated by the Department to represent 80% of the |
| 8 | | net revenue realized for the preceding month from the sale of |
| 9 | | candy, grooming and hygiene products, and soft drinks that had |
| 10 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
| 11 | | are is now taxed at 6.25%. |
| 12 | | Beginning July 1, 2013, each month the Department shall pay |
| 13 | | into the Underground Storage Tank Fund from the proceeds |
| 14 | | collected under this Act, the Use Tax Act, the Service Use Tax |
| 15 | | Act, and the Retailers' Occupation Tax Act an amount equal to |
| 16 | | the average monthly deficit in the Underground Storage Tank |
| 17 | | Fund during the prior year, as certified annually by the |
| 18 | | Illinois Environmental Protection Agency, but the total |
| 19 | | payment into the Underground Storage Tank Fund under this Act, |
| 20 | | the Use Tax Act, the Service Use Tax Act, and the Retailers' |
| 21 | | Occupation Tax Act shall not exceed $18,000,000 in any State |
| 22 | | fiscal year. As used in this paragraph, the "average monthly |
| 23 | | deficit" shall be equal to the difference between the average |
| 24 | | monthly claims for payment by the fund and the average monthly |
| 25 | | revenues deposited into the fund, excluding payments made |
| 26 | | pursuant to this paragraph. |
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| 1 | | Of the remainder of the moneys received by the Department |
| 2 | | pursuant to
this Act, (a) 1.75% thereof shall be paid into the |
| 3 | | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on |
| 4 | | and after July 1, 1989, 3.8% thereof
shall be paid into the |
| 5 | | Build Illinois Fund; provided, however, that if in
any fiscal |
| 6 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
|
| 7 | | may be, of the moneys received by the Department and required |
| 8 | | to be paid
into the Build Illinois Fund pursuant to Section 3 |
| 9 | | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax |
| 10 | | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the |
| 11 | | Service Occupation Tax Act, such Acts
being hereinafter called |
| 12 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case |
| 13 | | may be, of moneys being hereinafter called the "Tax Act
|
| 14 | | Amount", and (2) the amount transferred to the Build Illinois |
| 15 | | Fund from the
State and Local Sales Tax Reform Fund shall be |
| 16 | | less than the Annual
Specified Amount (as defined in Section 3 |
| 17 | | of the Retailers' Occupation Tax
Act), an amount equal to the |
| 18 | | difference shall be immediately paid into the
Build Illinois |
| 19 | | Fund from other moneys received by the Department pursuant
to |
| 20 | | the Tax Acts; and further provided, that if on the last |
| 21 | | business day of
any month the sum of (1) the Tax Act Amount |
| 22 | | required to be deposited into
the Build Illinois Account in the |
| 23 | | Build Illinois Fund during such month and
(2) the amount |
| 24 | | transferred during such month to the Build Illinois Fund
from |
| 25 | | the State and Local Sales Tax Reform Fund shall have been less |
| 26 | | than
1/12 of the Annual Specified Amount, an amount equal to |
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| 1 | | the difference
shall be immediately paid into the Build |
| 2 | | Illinois Fund from other moneys
received by the Department |
| 3 | | pursuant to the Tax Acts; and, further provided,
that in no |
| 4 | | event shall the payments required under the preceding proviso
|
| 5 | | result in aggregate payments into the Build Illinois Fund |
| 6 | | pursuant to this
clause (b) for any fiscal year in excess of |
| 7 | | the greater of (i) the Tax Act
Amount or (ii) the Annual |
| 8 | | Specified Amount for such fiscal year; and,
further provided, |
| 9 | | that the amounts payable into the Build Illinois Fund
under |
| 10 | | this clause (b) shall be payable only until such time as the
|
| 11 | | aggregate amount on deposit under each trust indenture securing |
| 12 | | Bonds
issued and outstanding pursuant to the Build Illinois |
| 13 | | Bond Act is
sufficient, taking into account any future |
| 14 | | investment income, to fully
provide, in accordance with such |
| 15 | | indenture, for the defeasance of or the
payment of the |
| 16 | | principal of, premium, if any, and interest on the Bonds
|
| 17 | | secured by such indenture and on any Bonds expected to be |
| 18 | | issued thereafter
and all fees and costs payable with respect |
| 19 | | thereto, all as certified by
the Director of the
Bureau of the |
| 20 | | Budget (now Governor's Office of Management and Budget). If
on |
| 21 | | the last business day of
any month in which Bonds are |
| 22 | | outstanding pursuant to the Build Illinois
Bond Act, the |
| 23 | | aggregate of the moneys deposited
in the Build Illinois Bond |
| 24 | | Account in the Build Illinois Fund in such month
shall be less |
| 25 | | than the amount required to be transferred in such month from
|
| 26 | | the Build Illinois Bond Account to the Build Illinois Bond |
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| 1 | | Retirement and
Interest Fund pursuant to Section 13 of the |
| 2 | | Build Illinois Bond Act, an
amount equal to such deficiency |
| 3 | | shall be immediately paid
from other moneys received by the |
| 4 | | Department pursuant to the Tax Acts
to the Build Illinois Fund; |
| 5 | | provided, however, that any amounts paid to the
Build Illinois |
| 6 | | Fund in any fiscal year pursuant to this sentence shall be
|
| 7 | | deemed to constitute payments pursuant to clause (b) of the |
| 8 | | preceding
sentence and shall reduce the amount otherwise |
| 9 | | payable for such fiscal year
pursuant to clause (b) of the |
| 10 | | preceding sentence. The moneys received by
the Department |
| 11 | | pursuant to this Act and required to be deposited into the
|
| 12 | | Build Illinois Fund are subject to the pledge, claim and charge |
| 13 | | set forth
in Section 12 of the Build Illinois Bond Act. |
| 14 | | Subject to payment of amounts into the Build Illinois Fund |
| 15 | | as provided in
the preceding paragraph or in any amendment |
| 16 | | thereto hereafter enacted, the
following specified monthly |
| 17 | | installment of the amount requested in the
certificate of the |
| 18 | | Chairman of the Metropolitan Pier and Exposition
Authority |
| 19 | | provided under Section 8.25f of the State Finance Act, but not |
| 20 | | in
excess of the sums designated as "Total Deposit", shall be |
| 21 | | deposited in the
aggregate from collections under Section 9 of |
| 22 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section |
| 23 | | 9 of the Service Occupation Tax Act, and
Section 3 of the |
| 24 | | Retailers' Occupation Tax Act into the McCormick Place
|
| 25 | | Expansion Project Fund in the specified fiscal years. |
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| 1 | | Fiscal Year | | Total Deposit | |
| 2 | | 1993 | | $0 | |
| 3 | | 1994 | | 53,000,000 | |
| 4 | | 1995 | | 58,000,000 | |
| 5 | | 1996 | | 61,000,000 | |
| 6 | | 1997 | | 64,000,000 | |
| 7 | | 1998 | | 68,000,000 | |
| 8 | | 1999 | | 71,000,000 | |
| 9 | | 2000 | | 75,000,000 | |
| 10 | | 2001 | | 80,000,000 | |
| 11 | | 2002 | | 93,000,000 | |
| 12 | | 2003 | | 99,000,000 | |
| 13 | | 2004 | | 103,000,000 | |
| 14 | | 2005 | | 108,000,000 | |
| 15 | | 2006 | | 113,000,000 | |
| 16 | | 2007 | | 119,000,000 | |
| 17 | | 2008 | | 126,000,000 | |
| 18 | | 2009 | | 132,000,000 | |
| 19 | | 2010 | | 139,000,000 | |
| 20 | | 2011 | | 146,000,000 | |
| 21 | | 2012 | | 153,000,000 | |
| 22 | | 2013 | | 161,000,000 | |
| 23 | | 2014 | | 170,000,000 | |
| 24 | | 2015 | | 179,000,000 | |
| 25 | | 2016 | | 189,000,000 | |
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| 1 | | 2017 | | 199,000,000 | |
| 2 | | 2018 | | 210,000,000 | |
| 3 | | 2019 | | 221,000,000 | |
| 4 | | 2020 | | 233,000,000 | |
| 5 | | 2021 | | 246,000,000 | |
| 6 | | 2022 | | 260,000,000 | |
| 7 | | 2023 | | 275,000,000 | |
| 8 | | 2024 | | 275,000,000 | |
| 9 | | 2025 | | 275,000,000 | |
| 10 | | 2026 | | 279,000,000 | |
| 11 | | 2027 | | 292,000,000 | |
| 12 | | 2028 | | 307,000,000 | |
| 13 | | 2029 | | 322,000,000 | |
| 14 | | 2030 | | 338,000,000 | |
| 15 | | 2031 | | 350,000,000 | |
| 16 | | 2032 | | 350,000,000 | |
| 17 | | and | | |
|
| 18 | | each fiscal year | | |
|
| 19 | | thereafter that bonds | | |
|
| 20 | | are outstanding under | | |
|
| 21 | | Section 13.2 of the | | |
|
| 22 | | Metropolitan Pier and | | |
|
| 23 | | Exposition Authority Act, | | |
|
| 24 | | but not after fiscal year 2060. | | |
|
| 25 | | Beginning July 20, 1993 and in each month of each fiscal |
| 26 | | year thereafter,
one-eighth of the amount requested in the |
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| 1 | | certificate of the Chairman of
the Metropolitan Pier and |
| 2 | | Exposition Authority for that fiscal year, less
the amount |
| 3 | | deposited into the McCormick Place Expansion Project Fund by |
| 4 | | the
State Treasurer in the respective month under subsection |
| 5 | | (g) of Section 13
of the Metropolitan Pier and Exposition |
| 6 | | Authority Act, plus cumulative
deficiencies in the deposits |
| 7 | | required under this Section for previous
months and years, |
| 8 | | shall be deposited into the McCormick Place Expansion
Project |
| 9 | | Fund, until the full amount requested for the fiscal year, but |
| 10 | | not
in excess of the amount specified above as "Total Deposit", |
| 11 | | has been deposited. |
| 12 | | Subject to payment of amounts into the Build Illinois Fund |
| 13 | | and the
McCormick
Place Expansion Project Fund
pursuant to the |
| 14 | | preceding paragraphs or in any amendments thereto hereafter
|
| 15 | | enacted, beginning July 1, 1993 and ending on September 30, |
| 16 | | 2013, the Department shall each month pay into the
Illinois Tax |
| 17 | | Increment Fund 0.27% of 80% of the net revenue realized for the
|
| 18 | | preceding month from the 6.25% general rate on the selling |
| 19 | | price of tangible
personal property. |
| 20 | | Subject to payment of amounts into the Build Illinois Fund |
| 21 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 22 | | preceding paragraphs or in any
amendments thereto hereafter |
| 23 | | enacted, beginning with the receipt of the first
report of |
| 24 | | taxes paid by an eligible business and continuing for a 25-year
|
| 25 | | period, the Department shall each month pay into the Energy |
| 26 | | Infrastructure
Fund 80% of the net revenue realized from the |
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| 1 | | 6.25% general rate on the
selling price of Illinois-mined coal |
| 2 | | that was sold to an eligible business.
For purposes of this |
| 3 | | paragraph, the term "eligible business" means a new
electric |
| 4 | | generating facility certified pursuant to Section 605-332 of |
| 5 | | the
Department of Commerce and
Economic Opportunity Law of the |
| 6 | | Civil Administrative
Code of Illinois. |
| 7 | | Of the remainder of the moneys received by the Department |
| 8 | | pursuant to this
Act, 75% shall be paid into the General |
| 9 | | Revenue Fund of the State Treasury and 25% shall be reserved in |
| 10 | | a special account and used only for the transfer to the Common |
| 11 | | School Fund as part of the monthly transfer from the General |
| 12 | | Revenue Fund in accordance with Section 8a of the State Finance |
| 13 | | Act. |
| 14 | | The Department may, upon separate written notice to a |
| 15 | | taxpayer,
require the taxpayer to prepare and file with the |
| 16 | | Department on a form
prescribed by the Department within not |
| 17 | | less than 60 days after receipt
of the notice an annual |
| 18 | | information return for the tax year specified in
the notice. |
| 19 | | Such annual return to the Department shall include a
statement |
| 20 | | of gross receipts as shown by the taxpayer's last Federal |
| 21 | | income
tax return. If the total receipts of the business as |
| 22 | | reported in the
Federal income tax return do not agree with the |
| 23 | | gross receipts reported to
the Department of Revenue for the |
| 24 | | same period, the taxpayer shall attach
to his annual return a |
| 25 | | schedule showing a reconciliation of the 2
amounts and the |
| 26 | | reasons for the difference. The taxpayer's annual
return to the |
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| 1 | | Department shall also disclose the cost of goods sold by
the |
| 2 | | taxpayer during the year covered by such return, opening and |
| 3 | | closing
inventories of such goods for such year, cost of goods |
| 4 | | used from stock
or taken from stock and given away by the |
| 5 | | taxpayer during such year, pay
roll information of the |
| 6 | | taxpayer's business during such year and any
additional |
| 7 | | reasonable information which the Department deems would be
|
| 8 | | helpful in determining the accuracy of the monthly, quarterly |
| 9 | | or annual
returns filed by such taxpayer as hereinbefore |
| 10 | | provided for in this
Section. |
| 11 | | If the annual information return required by this Section |
| 12 | | is not
filed when and as required, the taxpayer shall be liable |
| 13 | | as follows: |
| 14 | | (i) Until January 1, 1994, the taxpayer shall be liable
|
| 15 | | for a penalty equal to 1/6 of 1% of the tax due from such |
| 16 | | taxpayer
under this Act during the period to be covered by |
| 17 | | the annual return
for each month or fraction of a month |
| 18 | | until such return is filed as
required, the penalty to be |
| 19 | | assessed and collected in the same manner
as any other |
| 20 | | penalty provided for in this Act. |
| 21 | | (ii) On and after January 1, 1994, the taxpayer shall |
| 22 | | be liable for a
penalty as described in Section 3-4 of the |
| 23 | | Uniform Penalty and Interest Act. |
| 24 | | The chief executive officer, proprietor, owner or highest |
| 25 | | ranking
manager shall sign the annual return to certify the |
| 26 | | accuracy of the
information contained therein. Any person who |
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| 1 | | willfully signs the
annual return containing false or |
| 2 | | inaccurate information shall be guilty
of perjury and punished |
| 3 | | accordingly. The annual return form prescribed
by the |
| 4 | | Department shall include a warning that the person signing the
|
| 5 | | return may be liable for perjury. |
| 6 | | The foregoing portion of this Section concerning the filing |
| 7 | | of an
annual information return shall not apply to a serviceman |
| 8 | | who is not
required to file an income tax return with the |
| 9 | | United States Government. |
| 10 | | As soon as possible after the first day of each month, upon |
| 11 | | certification
of the Department of Revenue, the Comptroller |
| 12 | | shall order transferred and
the Treasurer shall transfer from |
| 13 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount |
| 14 | | equal to 1.7% of 80% of the net revenue realized
under this Act |
| 15 | | for the second preceding month.
Beginning April 1, 2000, this |
| 16 | | transfer is no longer required
and shall not be made. |
| 17 | | Net revenue realized for a month shall be the revenue |
| 18 | | collected by the State
pursuant to this Act, less the amount |
| 19 | | paid out during that month as
refunds to taxpayers for |
| 20 | | overpayment of liability. |
| 21 | | For greater simplicity of administration, it shall be |
| 22 | | permissible for
manufacturers, importers and wholesalers whose |
| 23 | | products are sold by numerous
servicemen in Illinois, and who |
| 24 | | wish to do so, to
assume the responsibility for accounting and |
| 25 | | paying to the Department
all tax accruing under this Act with |
| 26 | | respect to such sales, if the
servicemen who are affected do |
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| 1 | | not make written objection to the
Department to this |
| 2 | | arrangement. |
| 3 | | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; |
| 4 | | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
|
| 5 | | Section 190. The Retailers' Occupation Tax Act is amended |
| 6 | | by changing Sections 2-5, 2a, and 3 as follows:
|
| 7 | | (35 ILCS 120/2-5)
|
| 8 | | Sec. 2-5. Exemptions. Gross receipts from proceeds from the |
| 9 | | sale of
the following tangible personal property are exempt |
| 10 | | from the tax imposed
by this Act:
|
| 11 | | (1) Farm chemicals.
|
| 12 | | (2) Farm machinery and equipment, both new and used, |
| 13 | | including that
manufactured on special order, certified by the |
| 14 | | purchaser to be used
primarily for production agriculture or |
| 15 | | State or federal agricultural
programs, including individual |
| 16 | | replacement parts for the machinery and
equipment, including |
| 17 | | machinery and equipment purchased for lease,
and including |
| 18 | | implements of husbandry defined in Section 1-130 of
the |
| 19 | | Illinois Vehicle Code, farm machinery and agricultural |
| 20 | | chemical and
fertilizer spreaders, and nurse wagons required to |
| 21 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
| 22 | | but
excluding other motor vehicles required to be registered |
| 23 | | under the Illinois
Vehicle Code.
Horticultural polyhouses or |
| 24 | | hoop houses used for propagating, growing, or
overwintering |
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| 1 | | plants shall be considered farm machinery and equipment under
|
| 2 | | this item (2).
Agricultural chemical tender tanks and dry boxes |
| 3 | | shall include units sold
separately from a motor vehicle |
| 4 | | required to be licensed and units sold mounted
on a motor |
| 5 | | vehicle required to be licensed, if the selling price of the |
| 6 | | tender
is separately stated.
|
| 7 | | Farm machinery and equipment shall include precision |
| 8 | | farming equipment
that is
installed or purchased to be |
| 9 | | installed on farm machinery and equipment
including, but not |
| 10 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
| 11 | | or spreaders.
Precision farming equipment includes, but is not |
| 12 | | limited to,
soil testing sensors, computers, monitors, |
| 13 | | software, global positioning
and mapping systems, and other |
| 14 | | such equipment.
|
| 15 | | Farm machinery and equipment also includes computers, |
| 16 | | sensors, software, and
related equipment used primarily in the
|
| 17 | | computer-assisted operation of production agriculture |
| 18 | | facilities, equipment,
and activities such as, but
not limited |
| 19 | | to,
the collection, monitoring, and correlation of
animal and |
| 20 | | crop data for the purpose of
formulating animal diets and |
| 21 | | agricultural chemicals. This item (2) is exempt
from the |
| 22 | | provisions of
Section 2-70.
|
| 23 | | (3) Until July 1, 2003, distillation machinery and |
| 24 | | equipment, sold as a
unit or kit,
assembled or installed by the |
| 25 | | retailer, certified by the user to be used
only for the |
| 26 | | production of ethyl alcohol that will be used for consumption
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| 1 | | as motor fuel or as a component of motor fuel for the personal |
| 2 | | use of the
user, and not subject to sale or resale.
|
| 3 | | (4) Until July 1, 2003 and beginning again September 1, |
| 4 | | 2004 through August 30, 2014, graphic arts machinery and |
| 5 | | equipment, including
repair and
replacement parts, both new and |
| 6 | | used, and including that manufactured on
special order or |
| 7 | | purchased for lease, certified by the purchaser to be used
|
| 8 | | primarily for graphic arts production.
Equipment includes |
| 9 | | chemicals or
chemicals acting as catalysts but only if
the |
| 10 | | chemicals or chemicals acting as catalysts effect a direct and |
| 11 | | immediate
change upon a
graphic arts product.
|
| 12 | | (5) A motor vehicle that is used for automobile renting, as |
| 13 | | defined in the Automobile Renting Occupation and Use Tax Act. |
| 14 | | This paragraph is exempt from
the provisions of Section 2-70.
|
| 15 | | (6) Personal property sold by a teacher-sponsored student |
| 16 | | organization
affiliated with an elementary or secondary school |
| 17 | | located in Illinois.
|
| 18 | | (7) Until July 1, 2003, proceeds of that portion of the |
| 19 | | selling price of
a passenger car the
sale of which is subject |
| 20 | | to the Replacement Vehicle Tax.
|
| 21 | | (8) Personal property sold to an Illinois county fair |
| 22 | | association for
use in conducting, operating, or promoting the |
| 23 | | county fair.
|
| 24 | | (9) Personal property sold to a not-for-profit arts
or |
| 25 | | cultural organization that establishes, by proof required by |
| 26 | | the Department
by
rule, that it has received an exemption under |
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| 1 | | Section 501(c)(3) of the
Internal Revenue Code and that is |
| 2 | | organized and operated primarily for the
presentation
or |
| 3 | | support of arts or cultural programming, activities, or |
| 4 | | services. These
organizations include, but are not limited to, |
| 5 | | music and dramatic arts
organizations such as symphony |
| 6 | | orchestras and theatrical groups, arts and
cultural service |
| 7 | | organizations, local arts councils, visual arts organizations,
|
| 8 | | and media arts organizations.
On and after the effective date |
| 9 | | of this amendatory Act of the 92nd General
Assembly, however, |
| 10 | | an entity otherwise eligible for this exemption shall not
make |
| 11 | | tax-free purchases unless it has an active identification |
| 12 | | number issued by
the Department.
|
| 13 | | (10) Personal property sold by a corporation, society, |
| 14 | | association,
foundation, institution, or organization, other |
| 15 | | than a limited liability
company, that is organized and |
| 16 | | operated as a not-for-profit service enterprise
for the benefit |
| 17 | | of persons 65 years of age or older if the personal property
|
| 18 | | was not purchased by the enterprise for the purpose of resale |
| 19 | | by the
enterprise.
|
| 20 | | (11) Personal property sold to a governmental body, to a |
| 21 | | corporation,
society, association, foundation, or institution |
| 22 | | organized and operated
exclusively for charitable, religious, |
| 23 | | or educational purposes, or to a
not-for-profit corporation, |
| 24 | | society, association, foundation, institution,
or organization |
| 25 | | that has no compensated officers or employees and that is
|
| 26 | | organized and operated primarily for the recreation of persons |
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| 1 | | 55 years of
age or older. A limited liability company may |
| 2 | | qualify for the exemption under
this paragraph only if the |
| 3 | | limited liability company is organized and operated
|
| 4 | | exclusively for educational purposes. On and after July 1, |
| 5 | | 1987, however, no
entity otherwise eligible for this exemption |
| 6 | | shall make tax-free purchases
unless it has an active |
| 7 | | identification number issued by the Department.
|
| 8 | | (12) Tangible personal property sold to
interstate |
| 9 | | carriers
for hire for use as
rolling stock moving in interstate |
| 10 | | commerce or to lessors under leases of
one year or longer |
| 11 | | executed or in effect at the time of purchase by
interstate |
| 12 | | carriers for hire for use as rolling stock moving in interstate
|
| 13 | | commerce and equipment operated by a telecommunications |
| 14 | | provider, licensed as a
common carrier by the Federal |
| 15 | | Communications Commission, which is permanently
installed in |
| 16 | | or affixed to aircraft moving in interstate commerce.
|
| 17 | | (12-5) On and after July 1, 2003 and through June 30, 2004, |
| 18 | | motor vehicles of the second division
with a gross vehicle |
| 19 | | weight in excess of 8,000 pounds
that
are
subject to the |
| 20 | | commercial distribution fee imposed under Section 3-815.1 of
|
| 21 | | the Illinois
Vehicle Code. Beginning on July 1, 2004 and |
| 22 | | through June 30, 2005, the use in this State of motor vehicles |
| 23 | | of the second division: (i) with a gross vehicle weight rating |
| 24 | | in excess of 8,000 pounds; (ii) that are subject to the |
| 25 | | commercial distribution fee imposed under Section 3-815.1 of |
| 26 | | the Illinois Vehicle Code; and (iii) that are primarily used |
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| 1 | | for commercial purposes. Through June 30, 2005, this
exemption |
| 2 | | applies to repair and replacement parts added
after the
initial |
| 3 | | purchase of such a motor vehicle if that motor vehicle is used |
| 4 | | in a
manner that
would qualify for the rolling stock exemption |
| 5 | | otherwise provided for in this
Act. For purposes of this |
| 6 | | paragraph, "used for commercial purposes" means the |
| 7 | | transportation of persons or property in furtherance of any |
| 8 | | commercial or industrial enterprise whether for-hire or not.
|
| 9 | | (13) Proceeds from sales to owners, lessors, or
shippers of
|
| 10 | | tangible personal property that is utilized by interstate |
| 11 | | carriers for
hire for use as rolling stock moving in interstate |
| 12 | | commerce
and equipment operated by a telecommunications |
| 13 | | provider, licensed as a
common carrier by the Federal |
| 14 | | Communications Commission, which is
permanently installed in |
| 15 | | or affixed to aircraft moving in interstate commerce.
|
| 16 | | (14) Machinery and equipment that will be used by the |
| 17 | | purchaser, or a
lessee of the purchaser, primarily in the |
| 18 | | process of manufacturing or
assembling tangible personal |
| 19 | | property for wholesale or retail sale or
lease, whether the |
| 20 | | sale or lease is made directly by the manufacturer or by
some |
| 21 | | other person, whether the materials used in the process are |
| 22 | | owned by
the manufacturer or some other person, or whether the |
| 23 | | sale or lease is made
apart from or as an incident to the |
| 24 | | seller's engaging in the service
occupation of producing |
| 25 | | machines, tools, dies, jigs, patterns, gauges, or
other similar |
| 26 | | items of no commercial value on special order for a particular
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| 1 | | purchaser. The exemption provided by this paragraph (14) does |
| 2 | | not include machinery and equipment used in (i) the generation |
| 3 | | of electricity for wholesale or retail sale; (ii) the |
| 4 | | generation or treatment of natural or artificial gas for |
| 5 | | wholesale or retail sale that is delivered to customers through |
| 6 | | pipes, pipelines, or mains; or (iii) the treatment of water for |
| 7 | | wholesale or retail sale that is delivered to customers through |
| 8 | | pipes, pipelines, or mains. The provisions of Public Act 98-583 |
| 9 | | this amendatory Act of the 98th General Assembly are |
| 10 | | declaratory of existing law as to the meaning and scope of this |
| 11 | | exemption.
|
| 12 | | (15) Proceeds of mandatory service charges separately |
| 13 | | stated on
customers' bills for purchase and consumption of food |
| 14 | | and beverages, to the
extent that the proceeds of the service |
| 15 | | charge are in fact turned over as
tips or as a substitute for |
| 16 | | tips to the employees who participate directly
in preparing, |
| 17 | | serving, hosting or cleaning up the food or beverage function
|
| 18 | | with respect to which the service charge is imposed.
|
| 19 | | (16) Petroleum products sold to a purchaser if the seller
|
| 20 | | is prohibited by federal law from charging tax to the |
| 21 | | purchaser.
|
| 22 | | (17) Tangible personal property sold to a common carrier by |
| 23 | | rail or
motor that
receives the physical possession of the |
| 24 | | property in Illinois and that
transports the property, or |
| 25 | | shares with another common carrier in the
transportation of the |
| 26 | | property, out of Illinois on a standard uniform bill
of lading |
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| 1 | | showing the seller of the property as the shipper or consignor |
| 2 | | of
the property to a destination outside Illinois, for use |
| 3 | | outside Illinois.
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| 4 | | (18) Legal tender, currency, medallions, or gold or silver |
| 5 | | coinage
issued by the State of Illinois, the government of the |
| 6 | | United States of
America, or the government of any foreign |
| 7 | | country, and bullion.
|
| 8 | | (19) Until July 1 2003, oil field exploration, drilling, |
| 9 | | and production
equipment, including
(i) rigs and parts of rigs, |
| 10 | | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and |
| 11 | | tubular goods, including casing and
drill strings, (iii) pumps |
| 12 | | and pump-jack units, (iv) storage tanks and flow
lines, (v) any |
| 13 | | individual replacement part for oil field exploration,
|
| 14 | | drilling, and production equipment, and (vi) machinery and |
| 15 | | equipment purchased
for lease; but
excluding motor vehicles |
| 16 | | required to be registered under the Illinois
Vehicle Code.
|
| 17 | | (20) Photoprocessing machinery and equipment, including |
| 18 | | repair and
replacement parts, both new and used, including that |
| 19 | | manufactured on
special order, certified by the purchaser to be |
| 20 | | used primarily for
photoprocessing, and including |
| 21 | | photoprocessing machinery and equipment
purchased for lease.
|
| 22 | | (21) Coal and aggregate exploration, mining, off-highway |
| 23 | | offhighway hauling,
processing,
maintenance, and reclamation |
| 24 | | equipment, including
replacement parts and equipment, and |
| 25 | | including
equipment purchased for lease, but excluding motor |
| 26 | | vehicles required to be
registered under the Illinois Vehicle |
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| 1 | | Code. The changes made to this Section by Public Act 97-767 |
| 2 | | apply on and after July 1, 2003, but no claim for credit or |
| 3 | | refund is allowed on or after August 16, 2013 (the effective |
| 4 | | date of Public Act 98-456) this amendatory Act of the 98th |
| 5 | | General Assembly
for such taxes paid during the period |
| 6 | | beginning July 1, 2003 and ending on August 16, 2013 (the |
| 7 | | effective date of Public Act 98-456) this amendatory Act of the |
| 8 | | 98th General Assembly.
|
| 9 | | (22) Until June 30, 2013, fuel and petroleum products sold |
| 10 | | to or used by an air carrier,
certified by the carrier to be |
| 11 | | used for consumption, shipment, or storage
in the conduct of |
| 12 | | its business as an air common carrier, for a flight
destined |
| 13 | | for or returning from a location or locations
outside the |
| 14 | | United States without regard to previous or subsequent domestic
|
| 15 | | stopovers.
|
| 16 | | Beginning July 1, 2013, fuel and petroleum products sold to |
| 17 | | or used by an air carrier, certified by the carrier to be used |
| 18 | | for consumption, shipment, or storage in the conduct of its |
| 19 | | business as an air common carrier, for a flight that (i) is |
| 20 | | engaged in foreign trade or is engaged in trade between the |
| 21 | | United States and any of its possessions and (ii) transports at |
| 22 | | least one individual or package for hire from the city of |
| 23 | | origination to the city of final destination on the same |
| 24 | | aircraft, without regard to a change in the flight number of |
| 25 | | that aircraft. |
| 26 | | (23) A transaction in which the purchase order is received |
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| 1 | | by a florist
who is located outside Illinois, but who has a |
| 2 | | florist located in Illinois
deliver the property to the |
| 3 | | purchaser or the purchaser's donee in Illinois.
|
| 4 | | (24) Fuel consumed or used in the operation of ships, |
| 5 | | barges, or vessels
that are used primarily in or for the |
| 6 | | transportation of property or the
conveyance of persons for |
| 7 | | hire on rivers bordering on this State if the
fuel is delivered |
| 8 | | by the seller to the purchaser's barge, ship, or vessel
while |
| 9 | | it is afloat upon that bordering river.
|
| 10 | | (25) Except as provided in item (25-5) of this Section, a
|
| 11 | | motor vehicle sold in this State to a nonresident even though |
| 12 | | the
motor vehicle is delivered to the nonresident in this |
| 13 | | State, if the motor
vehicle is not to be titled in this State, |
| 14 | | and if a drive-away permit
is issued to the motor vehicle as |
| 15 | | provided in Section 3-603 of the Illinois
Vehicle Code or if |
| 16 | | the nonresident purchaser has vehicle registration
plates to |
| 17 | | transfer to the motor vehicle upon returning to his or her home
|
| 18 | | state. The issuance of the drive-away permit or having
the
|
| 19 | | out-of-state registration plates to be transferred is prima |
| 20 | | facie evidence
that the motor vehicle will not be titled in |
| 21 | | this State.
|
| 22 | | (25-5) The exemption under item (25) does not apply if the |
| 23 | | state in which the motor vehicle will be titled does not allow |
| 24 | | a reciprocal exemption for a motor vehicle sold and delivered |
| 25 | | in that state to an Illinois resident but titled in Illinois. |
| 26 | | The tax collected under this Act on the sale of a motor vehicle |
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| 1 | | in this State to a resident of another state that does not |
| 2 | | allow a reciprocal exemption shall be imposed at a rate equal |
| 3 | | to the state's rate of tax on taxable property in the state in |
| 4 | | which the purchaser is a resident, except that the tax shall |
| 5 | | not exceed the tax that would otherwise be imposed under this |
| 6 | | Act. At the time of the sale, the purchaser shall execute a |
| 7 | | statement, signed under penalty of perjury, of his or her |
| 8 | | intent to title the vehicle in the state in which the purchaser |
| 9 | | is a resident within 30 days after the sale and of the fact of |
| 10 | | the payment to the State of Illinois of tax in an amount |
| 11 | | equivalent to the state's rate of tax on taxable property in |
| 12 | | his or her state of residence and shall submit the statement to |
| 13 | | the appropriate tax collection agency in his or her state of |
| 14 | | residence. In addition, the retailer must retain a signed copy |
| 15 | | of the statement in his or her records. Nothing in this item |
| 16 | | shall be construed to require the removal of the vehicle from |
| 17 | | this state following the filing of an intent to title the |
| 18 | | vehicle in the purchaser's state of residence if the purchaser |
| 19 | | titles the vehicle in his or her state of residence within 30 |
| 20 | | days after the date of sale. The tax collected under this Act |
| 21 | | in accordance with this item (25-5) shall be proportionately |
| 22 | | distributed as if the tax were collected at the 6.25% general |
| 23 | | rate imposed under this Act.
|
| 24 | | (25-7) Beginning on July 1, 2007, no tax is imposed under |
| 25 | | this Act on the sale of an aircraft, as defined in Section 3 of |
| 26 | | the Illinois Aeronautics Act, if all of the following |
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| 1 | | conditions are met: |
| 2 | | (1) the aircraft leaves this State within 15 days after |
| 3 | | the later of either the issuance of the final billing for |
| 4 | | the sale of the aircraft, or the authorized approval for |
| 5 | | return to service, completion of the maintenance record |
| 6 | | entry, and completion of the test flight and ground test |
| 7 | | for inspection, as required by 14 C.F.R. 91.407; |
| 8 | | (2) the aircraft is not based or registered in this |
| 9 | | State after the sale of the aircraft; and |
| 10 | | (3) the seller retains in his or her books and records |
| 11 | | and provides to the Department a signed and dated |
| 12 | | certification from the purchaser, on a form prescribed by |
| 13 | | the Department, certifying that the requirements of this |
| 14 | | item (25-7) are met. The certificate must also include the |
| 15 | | name and address of the purchaser, the address of the |
| 16 | | location where the aircraft is to be titled or registered, |
| 17 | | the address of the primary physical location of the |
| 18 | | aircraft, and other information that the Department may |
| 19 | | reasonably require. |
| 20 | | For purposes of this item (25-7): |
| 21 | | "Based in this State" means hangared, stored, or otherwise |
| 22 | | used, excluding post-sale customizations as defined in this |
| 23 | | Section, for 10 or more days in each 12-month period |
| 24 | | immediately following the date of the sale of the aircraft. |
| 25 | | "Registered in this State" means an aircraft registered |
| 26 | | with the Department of Transportation, Aeronautics Division, |
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| 1 | | or titled or registered with the Federal Aviation |
| 2 | | Administration to an address located in this State. |
| 3 | | This paragraph (25-7) is exempt from the provisions
of
|
| 4 | | Section 2-70.
|
| 5 | | (26) Semen used for artificial insemination of livestock |
| 6 | | for direct
agricultural production.
|
| 7 | | (27) Horses, or interests in horses, registered with and |
| 8 | | meeting the
requirements of any of the
Arabian Horse Club |
| 9 | | Registry of America, Appaloosa Horse Club, American Quarter
|
| 10 | | Horse Association, United States
Trotting Association, or |
| 11 | | Jockey Club, as appropriate, used for
purposes of breeding or |
| 12 | | racing for prizes. This item (27) is exempt from the provisions |
| 13 | | of Section 2-70, and the exemption provided for under this item |
| 14 | | (27) applies for all periods beginning May 30, 1995, but no |
| 15 | | claim for credit or refund is allowed on or after January 1, |
| 16 | | 2008 (the effective date of Public Act 95-88)
for such taxes |
| 17 | | paid during the period beginning May 30, 2000 and ending on |
| 18 | | January 1, 2008 (the effective date of Public Act 95-88).
|
| 19 | | (28) Computers and communications equipment utilized for |
| 20 | | any
hospital
purpose
and equipment used in the diagnosis,
|
| 21 | | analysis, or treatment of hospital patients sold to a lessor |
| 22 | | who leases the
equipment, under a lease of one year or longer |
| 23 | | executed or in effect at the
time of the purchase, to a
|
| 24 | | hospital
that has been issued an active tax exemption |
| 25 | | identification number by the
Department under Section 1g of |
| 26 | | this Act.
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| 1 | | (29) Personal property sold to a lessor who leases the
|
| 2 | | property, under a
lease of one year or longer executed or in |
| 3 | | effect at the time of the purchase,
to a governmental body
that |
| 4 | | has been issued an active tax exemption identification number |
| 5 | | by the
Department under Section 1g of this Act.
|
| 6 | | (30) Beginning with taxable years ending on or after |
| 7 | | December
31, 1995
and
ending with taxable years ending on or |
| 8 | | before December 31, 2004,
personal property that is
donated for |
| 9 | | disaster relief to be used in a State or federally declared
|
| 10 | | disaster area in Illinois or bordering Illinois by a |
| 11 | | manufacturer or retailer
that is registered in this State to a |
| 12 | | corporation, society, association,
foundation, or institution |
| 13 | | that has been issued a sales tax exemption
identification |
| 14 | | number by the Department that assists victims of the disaster
|
| 15 | | who reside within the declared disaster area.
|
| 16 | | (31) Beginning with taxable years ending on or after |
| 17 | | December
31, 1995 and
ending with taxable years ending on or |
| 18 | | before December 31, 2004, personal
property that is used in the |
| 19 | | performance of infrastructure repairs in this
State, including |
| 20 | | but not limited to municipal roads and streets, access roads,
|
| 21 | | bridges, sidewalks, waste disposal systems, water and sewer |
| 22 | | line extensions,
water distribution and purification |
| 23 | | facilities, storm water drainage and
retention facilities, and |
| 24 | | sewage treatment facilities, resulting from a State
or |
| 25 | | federally declared disaster in Illinois or bordering Illinois |
| 26 | | when such
repairs are initiated on facilities located in the |
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| 1 | | declared disaster area
within 6 months after the disaster.
|
| 2 | | (32) Beginning July 1, 1999, game or game birds sold at a |
| 3 | | "game breeding
and
hunting preserve area" as that term is used
|
| 4 | | in the
Wildlife Code. This paragraph is exempt from the |
| 5 | | provisions
of
Section 2-70.
|
| 6 | | (33) A motor vehicle, as that term is defined in Section |
| 7 | | 1-146
of the
Illinois Vehicle Code, that is donated to a |
| 8 | | corporation, limited liability
company, society, association, |
| 9 | | foundation, or institution that is determined by
the Department |
| 10 | | to be organized and operated exclusively for educational
|
| 11 | | purposes. For purposes of this exemption, "a corporation, |
| 12 | | limited liability
company, society, association, foundation, |
| 13 | | or institution organized and
operated
exclusively for |
| 14 | | educational purposes" means all tax-supported public schools,
|
| 15 | | private schools that offer systematic instruction in useful |
| 16 | | branches of
learning by methods common to public schools and |
| 17 | | that compare favorably in
their scope and intensity with the |
| 18 | | course of study presented in tax-supported
schools, and |
| 19 | | vocational or technical schools or institutes organized and
|
| 20 | | operated exclusively to provide a course of study of not less |
| 21 | | than 6 weeks
duration and designed to prepare individuals to |
| 22 | | follow a trade or to pursue a
manual, technical, mechanical, |
| 23 | | industrial, business, or commercial
occupation.
|
| 24 | | (34) Beginning January 1, 2000, personal property, |
| 25 | | including food, purchased
through fundraising events for the |
| 26 | | benefit of a public or private elementary or
secondary school, |
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| 1 | | a group of those schools, or one or more school districts if
|
| 2 | | the events are sponsored by an entity recognized by the school |
| 3 | | district that
consists primarily of volunteers and includes |
| 4 | | parents and teachers of the
school children. This paragraph |
| 5 | | does not apply to fundraising events (i) for
the benefit of |
| 6 | | private home instruction or (ii) for which the fundraising
|
| 7 | | entity purchases the personal property sold at the events from |
| 8 | | another
individual or entity that sold the property for the |
| 9 | | purpose of resale by the
fundraising entity and that profits |
| 10 | | from the sale to the fundraising entity.
This paragraph is |
| 11 | | exempt from the provisions of Section 2-70.
|
| 12 | | (35) Beginning January 1, 2000 and through December 31, |
| 13 | | 2001, new or used
automatic vending machines that prepare and |
| 14 | | serve hot food and beverages,
including coffee, soup, and other |
| 15 | | items, and replacement parts for these
machines. Beginning |
| 16 | | January 1, 2002 and through June 30, 2003, machines
and parts |
| 17 | | for machines used in
commercial, coin-operated amusement and |
| 18 | | vending business if a use or occupation
tax is paid on the |
| 19 | | gross receipts derived from the use of the commercial,
|
| 20 | | coin-operated amusement and vending machines. This paragraph |
| 21 | | is exempt from
the provisions of Section 2-70.
|
| 22 | | (35-5) Beginning August 23, 2001 and through June 30, 2016, |
| 23 | | food for human consumption that is to be consumed off
the |
| 24 | | premises where it is sold (other than alcoholic beverages, soft |
| 25 | | drinks,
and food that has been prepared for immediate |
| 26 | | consumption) and prescription
and nonprescription medicines, |
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| 1 | | drugs, medical appliances, and insulin, urine
testing |
| 2 | | materials, syringes, and needles used by diabetics, for human |
| 3 | | use, when
purchased for use by a person receiving medical |
| 4 | | assistance under Article V of
the Illinois Public Aid Code who |
| 5 | | resides in a licensed long-term care facility,
as defined in |
| 6 | | the Nursing Home Care Act, or a licensed facility as defined in |
| 7 | | the ID/DD Community Care Act or the Specialized Mental Health |
| 8 | | Rehabilitation Act of 2013.
|
| 9 | | (36) Beginning August 2, 2001, computers and |
| 10 | | communications equipment
utilized for any hospital purpose and |
| 11 | | equipment used in the diagnosis,
analysis, or treatment of |
| 12 | | hospital patients sold to a lessor who leases the
equipment, |
| 13 | | under a lease of one year or longer executed or in effect at |
| 14 | | the
time of the purchase, to a hospital that has been issued an |
| 15 | | active tax
exemption identification number by the Department |
| 16 | | under Section 1g of this Act.
This paragraph is exempt from the |
| 17 | | provisions of Section 2-70.
|
| 18 | | (37) Beginning August 2, 2001, personal property sold to a |
| 19 | | lessor who
leases the property, under a lease of one year or |
| 20 | | longer executed or in effect
at the time of the purchase, to a |
| 21 | | governmental body that has been issued an
active tax exemption |
| 22 | | identification number by the Department under Section 1g
of |
| 23 | | this Act. This paragraph is exempt from the provisions of |
| 24 | | Section 2-70.
|
| 25 | | (38) Beginning on January 1, 2002 and through June 30, |
| 26 | | 2016, tangible personal property purchased
from an Illinois |
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| 1 | | retailer by a taxpayer engaged in centralized purchasing
|
| 2 | | activities in Illinois who will, upon receipt of the property |
| 3 | | in Illinois,
temporarily store the property in Illinois (i) for |
| 4 | | the purpose of subsequently
transporting it outside this State |
| 5 | | for use or consumption thereafter solely
outside this State or |
| 6 | | (ii) for the purpose of being processed, fabricated, or
|
| 7 | | manufactured into, attached to, or incorporated into other |
| 8 | | tangible personal
property to be transported outside this State |
| 9 | | and thereafter used or consumed
solely outside this State. The |
| 10 | | Director of Revenue shall, pursuant to rules
adopted in |
| 11 | | accordance with the Illinois Administrative Procedure Act, |
| 12 | | issue a
permit to any taxpayer in good standing with the |
| 13 | | Department who is eligible for
the exemption under this |
| 14 | | paragraph (38). The permit issued under
this paragraph (38) |
| 15 | | shall authorize the holder, to the extent and
in the manner |
| 16 | | specified in the rules adopted under this Act, to purchase
|
| 17 | | tangible personal property from a retailer exempt from the |
| 18 | | taxes imposed by
this Act. Taxpayers shall maintain all |
| 19 | | necessary books and records to
substantiate the use and |
| 20 | | consumption of all such tangible personal property
outside of |
| 21 | | the State of Illinois.
|
| 22 | | (39) Beginning January 1, 2008, tangible personal property |
| 23 | | used in the construction or maintenance of a community water |
| 24 | | supply, as defined under Section 3.145 of the Environmental |
| 25 | | Protection Act, that is operated by a not-for-profit |
| 26 | | corporation that holds a valid water supply permit issued under |
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| 1 | | Title IV of the Environmental Protection Act. This paragraph is |
| 2 | | exempt from the provisions of Section 2-70.
|
| 3 | | (40) Beginning January 1, 2010, materials, parts, |
| 4 | | equipment, components, and furnishings incorporated into or |
| 5 | | upon an aircraft as part of the modification, refurbishment, |
| 6 | | completion, replacement, repair, or maintenance of the |
| 7 | | aircraft. This exemption includes consumable supplies used in |
| 8 | | the modification, refurbishment, completion, replacement, |
| 9 | | repair, and maintenance of aircraft, but excludes any |
| 10 | | materials, parts, equipment, components, and consumable |
| 11 | | supplies used in the modification, replacement, repair, and |
| 12 | | maintenance of aircraft engines or power plants, whether such |
| 13 | | engines or power plants are installed or uninstalled upon any |
| 14 | | such aircraft. "Consumable supplies" include, but are not |
| 15 | | limited to, adhesive, tape, sandpaper, general purpose |
| 16 | | lubricants, cleaning solution, latex gloves, and protective |
| 17 | | films. This exemption applies only to the sale of qualifying |
| 18 | | tangible personal property to persons who modify, refurbish, |
| 19 | | complete, replace, or maintain an aircraft and who (i) hold an |
| 20 | | Air Agency Certificate and are empowered to operate an approved |
| 21 | | repair station by the Federal Aviation Administration, (ii) |
| 22 | | have a Class IV Rating, and (iii) conduct operations in |
| 23 | | accordance with Part 145 of the Federal Aviation Regulations. |
| 24 | | The exemption does not include aircraft operated by a |
| 25 | | commercial air carrier providing scheduled passenger air |
| 26 | | service pursuant to authority issued under Part 121 or Part 129 |
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| 1 | | of the Federal Aviation Regulations. The changes made to this |
| 2 | | paragraph (40) by Public Act 98-534 this amendatory Act of the |
| 3 | | 98th General Assembly are declarative of existing law. |
| 4 | | (41) Tangible personal property sold to a |
| 5 | | public-facilities corporation, as described in Section |
| 6 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
| 7 | | constructing or furnishing a municipal convention hall, but |
| 8 | | only if the legal title to the municipal convention hall is |
| 9 | | transferred to the municipality without any further |
| 10 | | consideration by or on behalf of the municipality at the time |
| 11 | | of the completion of the municipal convention hall or upon the |
| 12 | | retirement or redemption of any bonds or other debt instruments |
| 13 | | issued by the public-facilities corporation in connection with |
| 14 | | the development of the municipal convention hall. This |
| 15 | | exemption includes existing public-facilities corporations as |
| 16 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
| 17 | | This paragraph is exempt from the provisions of Section 2-70. |
| 18 | | (Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, |
| 19 | | eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, |
| 20 | | eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13; |
| 21 | | 98-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff. |
| 22 | | 1-1-14; 98-583, eff. 1-1-14; revised 9-9-13.)
|
| 23 | | (35 ILCS 120/2a) (from Ch. 120, par. 441a) |
| 24 | | Sec. 2a. It is unlawful for any person to engage in the |
| 25 | | business of
selling tangible personal property at retail in |
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| 1 | | this State without a
certificate of registration from the |
| 2 | | Department. Application
for a certificate of registration |
| 3 | | shall be made to the Department upon
forms furnished by it. |
| 4 | | Each such application shall be signed and verified
and shall |
| 5 | | state: (1) the name and social security number of the
|
| 6 | | applicant; (2) the address of his principal place
of business; |
| 7 | | (3) the address of the principal place of business from which
|
| 8 | | he engages in the business of selling tangible personal |
| 9 | | property at retail
in this State and the addresses of all other |
| 10 | | places of business, if any
(enumerating such addresses, if any, |
| 11 | | in a separate list attached to and
made a part of the |
| 12 | | application), from which he engages in the business of
selling |
| 13 | | tangible personal property at retail in this State; (4)
the
|
| 14 | | name and address of the person or persons who will be |
| 15 | | responsible for
filing returns and payment of taxes due under |
| 16 | | this Act; (5) in the case of a publicly traded corporation, the |
| 17 | | name and title of the Chief Financial Officer, Chief Operating |
| 18 | | Officer, and any other officer or employee with responsibility |
| 19 | | for preparing tax returns under this Act, along with the last 4 |
| 20 | | digits of each of their social security numbers, and, in the
|
| 21 | | case of
all other corporations, the name, title, and social |
| 22 | | security number of
each corporate officer; (6) in the case of a |
| 23 | | limited liability
company, the
name, social security number, |
| 24 | | and FEIN number of
each
manager and member; and (7) such other |
| 25 | | information
as the Department may reasonably require. The |
| 26 | | application shall contain
an acceptance of responsibility |
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| 1 | | signed by the person or persons who will be
responsible for |
| 2 | | filing returns and payment of the taxes due under this
Act. If |
| 3 | | the applicant will sell tangible personal property at retail
|
| 4 | | through vending machines, his application to register shall |
| 5 | | indicate the
number of vending machines to be so operated. If |
| 6 | | requested by the Department at any time, that person shall |
| 7 | | verify the total number of vending machines he or she uses in |
| 8 | | his or her business of selling tangible personal property at |
| 9 | | retail. |
| 10 | | The Department may deny a certificate of registration to |
| 11 | | any applicant
if a person who is named as the owner, a partner, |
| 12 | | a manager or member of a limited liability
company, or a |
| 13 | | corporate officer of the applicant on the application for the |
| 14 | | certificate of registration, is or
has been named as the owner, |
| 15 | | a partner, a manager or member of a limited
liability company, |
| 16 | | or a corporate officer, on the application for the certificate |
| 17 | | of registration of another retailer
that is in default for |
| 18 | | moneys due under this Act or any other tax or fee Act |
| 19 | | administered by the Department. For purposes of this paragraph |
| 20 | | only, in determining whether a person is in default for moneys |
| 21 | | due, the Department shall include only amounts established as a |
| 22 | | final liability within the 20 years prior to the date of the |
| 23 | | Department's notice of denial of a certificate of registration. |
| 24 | | The Department may require an applicant for a certificate |
| 25 | | of registration hereunder to, at
the time of filing such |
| 26 | | application, furnish a bond from a surety company
authorized to |
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| 1 | | do business in the State of Illinois, or an irrevocable
bank |
| 2 | | letter of credit or a bond signed by 2
personal sureties who |
| 3 | | have filed, with the Department, sworn statements
disclosing |
| 4 | | net assets equal to at least 3 times the amount of the bond to
|
| 5 | | be required of such applicant, or a bond secured by an |
| 6 | | assignment of a bank
account or certificate of deposit, stocks |
| 7 | | or bonds, conditioned upon the
applicant paying to the State of |
| 8 | | Illinois all moneys becoming due under
this Act and under any |
| 9 | | other State tax law or municipal or county tax
ordinance or |
| 10 | | resolution under which the certificate of registration that is
|
| 11 | | issued to the applicant under this Act will permit the |
| 12 | | applicant to engage
in business without registering separately |
| 13 | | under such other law, ordinance
or resolution. In making a |
| 14 | | determination as to whether to require a bond or other |
| 15 | | security, the Department shall take into consideration whether |
| 16 | | the owner, any partner, any manager or member of a limited |
| 17 | | liability company, or a corporate officer of the applicant is |
| 18 | | or has been the owner, a partner, a manager or member of a |
| 19 | | limited liability company, or a corporate officer of another |
| 20 | | retailer that is in default for moneys due under this Act or |
| 21 | | any other tax or fee Act administered by the Department; and |
| 22 | | whether the owner, any partner, any manager or member of a |
| 23 | | limited liability company, or a corporate officer of the |
| 24 | | applicant is or has been the owner, a partner, a manager or |
| 25 | | member of a limited liability company, or a corporate officer |
| 26 | | of another retailer whose certificate of registration has been |
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| 1 | | revoked within the previous 5 years under this Act or any other |
| 2 | | tax or fee Act administered by the Department. If a bond or |
| 3 | | other security is required, the Department shall fix the amount |
| 4 | | of the bond or other security, taking into consideration the |
| 5 | | amount of money expected to become due from the applicant under |
| 6 | | this Act and under any other State tax law or municipal or |
| 7 | | county tax ordinance or resolution under which the certificate |
| 8 | | of registration that is issued to the applicant under this Act |
| 9 | | will permit the applicant to engage in business without |
| 10 | | registering separately under such other law, ordinance, or |
| 11 | | resolution. The amount of security required by
the Department |
| 12 | | shall be such as, in its opinion, will protect the State of
|
| 13 | | Illinois against failure to pay the amount which may become due |
| 14 | | from the
applicant under this Act and under any other State tax |
| 15 | | law or municipal or
county tax ordinance or resolution under |
| 16 | | which the certificate of
registration that is issued to the |
| 17 | | applicant under this Act will permit the
applicant to engage in |
| 18 | | business without registering separately under such
other law, |
| 19 | | ordinance or resolution, but the amount of the security |
| 20 | | required
by the Department shall not exceed three times the |
| 21 | | amount of the
applicant's average monthly tax liability, or |
| 22 | | $50,000.00, whichever amount
is lower. |
| 23 | | No certificate of registration under this Act shall be |
| 24 | | issued by the
Department until the applicant provides the |
| 25 | | Department with satisfactory
security, if required, as herein |
| 26 | | provided for. |
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| 1 | | Upon receipt of the application for certificate of |
| 2 | | registration in
proper form, and upon approval by the |
| 3 | | Department of the security furnished
by the applicant, if |
| 4 | | required, the Department shall issue to such applicant a
|
| 5 | | certificate of registration which shall permit the person to |
| 6 | | whom it is
issued to engage in the business of selling tangible |
| 7 | | personal property at
retail in this State. The certificate of |
| 8 | | registration shall be
conspicuously displayed at the place of |
| 9 | | business which the person so
registered states in his |
| 10 | | application to be the principal place of business
from which he |
| 11 | | engages in the business of selling tangible personal property
|
| 12 | | at retail in this State. |
| 13 | | No certificate of registration issued to a taxpayer who |
| 14 | | files returns
required by this Act on a monthly basis shall be |
| 15 | | valid after the expiration
of 5 years from the date of its |
| 16 | | issuance or last renewal. The expiration
date of a |
| 17 | | sub-certificate of registration shall be that of the |
| 18 | | certificate
of registration to which the sub-certificate |
| 19 | | relates. A certificate of
registration shall automatically be |
| 20 | | renewed, subject to revocation as
provided by this Act, for an |
| 21 | | additional 5 years from the date of its
expiration unless |
| 22 | | otherwise notified by the Department as provided by this
|
| 23 | | paragraph. Where a taxpayer to whom a certificate of |
| 24 | | registration is
issued under this Act is in default to the |
| 25 | | State of Illinois for delinquent
returns or for moneys due
|
| 26 | | under this Act or any other State tax law or municipal or |
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| 1 | | county ordinance
administered or enforced by the Department, |
| 2 | | the Department shall, not less
than 120 days before the |
| 3 | | expiration date of such certificate of
registration, give |
| 4 | | notice to the taxpayer to whom the certificate was
issued of |
| 5 | | the account period of the delinquent returns, the amount of
|
| 6 | | tax,
penalty and interest due and owing from the
taxpayer, and |
| 7 | | that the certificate of registration shall not be
automatically |
| 8 | | renewed upon its expiration date unless the taxpayer, on or
|
| 9 | | before the date of expiration, has filed and paid the |
| 10 | | delinquent returns or
paid the defaulted amount in full. A
|
| 11 | | taxpayer to whom such a notice is issued shall be deemed an |
| 12 | | applicant for
renewal. The Department shall promulgate |
| 13 | | regulations establishing
procedures for taxpayers who file |
| 14 | | returns on a monthly basis but desire and
qualify to change to |
| 15 | | a quarterly or yearly filing basis and will no longer
be |
| 16 | | subject to renewal under this Section, and for taxpayers who |
| 17 | | file
returns on a yearly or quarterly basis but who desire or |
| 18 | | are required to
change to a monthly filing basis and will be |
| 19 | | subject to renewal under
this Section. |
| 20 | | The Department may in its discretion approve renewal by an |
| 21 | | applicant
who is in default if, at the time of application for |
| 22 | | renewal, the applicant
files all of the delinquent returns or |
| 23 | | pays to the Department such
percentage of the defaulted amount |
| 24 | | as may be
determined by the Department and agrees in writing to |
| 25 | | waive all limitations
upon the Department for collection of the |
| 26 | | remaining defaulted amount to the
Department over a period not |
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| 1 | | to exceed 5 years from the date of renewal of
the certificate; |
| 2 | | however, no renewal application submitted by an applicant
who |
| 3 | | is in default shall be approved if the immediately preceding |
| 4 | | renewal by
the applicant was conditioned upon the installment |
| 5 | | payment
agreement described in this Section. The payment |
| 6 | | agreement herein provided
for shall be in addition to and not |
| 7 | | in lieu of the security that may be required by
this Section of |
| 8 | | a taxpayer who is no longer considered a prior continuous
|
| 9 | | compliance taxpayer. The execution of the payment agreement as |
| 10 | | provided in
this Act shall not toll the accrual of interest at |
| 11 | | the statutory rate. |
| 12 | | The Department may suspend a certificate of registration if |
| 13 | | the Department finds that the person to whom the certificate of |
| 14 | | registration has been issued knowingly sold contraband |
| 15 | | cigarettes. |
| 16 | | A certificate of registration issued under this Act more |
| 17 | | than 5 years
before the effective date of this amendatory Act |
| 18 | | of 1989 shall expire and
be subject to the renewal provisions |
| 19 | | of this Section on the next
anniversary of the date of issuance |
| 20 | | of such certificate which occurs more
than 6 months after the |
| 21 | | effective date of this amendatory Act of 1989. A
certificate of |
| 22 | | registration issued less than 5 years before the effective
date |
| 23 | | of this amendatory Act of 1989 shall expire and be subject to |
| 24 | | the
renewal provisions of this Section on the 5th anniversary |
| 25 | | of the issuance
of the certificate. |
| 26 | | If the person so registered states that he operates other |
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| 1 | | places of
business from which he engages in the business of |
| 2 | | selling tangible personal
property at retail in this State, the |
| 3 | | Department shall furnish him with a
sub-certificate of |
| 4 | | registration for each such place of business, and the
applicant |
| 5 | | shall display the appropriate sub-certificate of registration |
| 6 | | at
each such place of business. All sub-certificates of |
| 7 | | registration shall
bear the same registration number as that |
| 8 | | appearing upon the certificate of
registration to which such |
| 9 | | sub-certificates relate. |
| 10 | | If the applicant will sell tangible personal property at |
| 11 | | retail through
vending machines, the Department shall furnish |
| 12 | | him with a sub-certificate
of registration for each such |
| 13 | | vending machine, and the applicant shall
display the |
| 14 | | appropriate sub-certificate of registration on each such
|
| 15 | | vending machine by attaching the sub-certificate of |
| 16 | | registration to a
conspicuous part of such vending machine. If |
| 17 | | a person who is registered to sell tangible personal property |
| 18 | | at retail through vending machines adds an additional vending |
| 19 | | machine or additional vending machines to the number of vending |
| 20 | | machines he or she uses in his or her business of selling |
| 21 | | tangible personal property at retail, he or she shall notify |
| 22 | | the Department, on a form prescribed by the Department, to |
| 23 | | request an additional sub-certificate or additional |
| 24 | | sub-certificates of registration, as applicable. With each |
| 25 | | such request, the applicant shall report the number of |
| 26 | | sub-certificates of registration he or she is requesting as |
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| 1 | | well as the total number of vending machines from which he or |
| 2 | | she makes retail sales. |
| 3 | | Where the same person engages in 2 or more businesses of |
| 4 | | selling
tangible personal property at retail in this State, |
| 5 | | which businesses are
substantially different in character or |
| 6 | | engaged in under different trade
names or engaged in under |
| 7 | | other substantially dissimilar circumstances (so
that it is |
| 8 | | more practicable, from an accounting, auditing or bookkeeping
|
| 9 | | standpoint, for such businesses to be separately registered), |
| 10 | | the
Department may require or permit such person (subject to |
| 11 | | the same
requirements concerning the furnishing of security as |
| 12 | | those that are
provided for hereinbefore in this Section as to |
| 13 | | each application for a
certificate of registration) to apply |
| 14 | | for and obtain a separate certificate
of registration for each |
| 15 | | such business or for any of such businesses, under
a single |
| 16 | | certificate of registration supplemented by related
|
| 17 | | sub-certificates of registration. |
| 18 | | Any person who is registered under the "Retailers' |
| 19 | | Occupation Tax Act"
as of March 8, 1963, and who, during the |
| 20 | | 3-year period immediately prior to
March 8, 1963, or during a |
| 21 | | continuous 3-year period part of which passed
immediately |
| 22 | | before and the remainder of which passes immediately after
|
| 23 | | March 8, 1963, has been so registered continuously and who is |
| 24 | | determined by
the Department not to have been either delinquent |
| 25 | | or deficient in the
payment of tax liability during that period |
| 26 | | under this Act or under any
other State tax law or municipal or |
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| 1 | | county tax ordinance or resolution
under which the certificate |
| 2 | | of registration that is issued to the
registrant under this Act |
| 3 | | will permit the registrant to engage in business
without |
| 4 | | registering separately under such other law, ordinance or
|
| 5 | | resolution, shall be considered to be a Prior Continuous |
| 6 | | Compliance
taxpayer. Also any taxpayer who has, as verified by |
| 7 | | the Department,
faithfully and continuously complied with the |
| 8 | | condition of his bond or
other security under the provisions of |
| 9 | | this Act for a period of 3
consecutive years shall be |
| 10 | | considered to be a Prior Continuous Compliance
taxpayer. |
| 11 | | Every Prior Continuous Compliance taxpayer shall be exempt |
| 12 | | from all
requirements under this Act concerning the furnishing |
| 13 | | of a bond or other security as a
condition precedent to his |
| 14 | | being authorized to engage in the business of
selling tangible |
| 15 | | personal property at retail in this State. This exemption
shall |
| 16 | | continue for each such taxpayer until such time as he may be
|
| 17 | | determined by the Department to be delinquent in the filing of |
| 18 | | any returns,
or is determined by the Department (either through |
| 19 | | the Department's
issuance of a final assessment which has |
| 20 | | become final under the Act, or by
the taxpayer's filing of a |
| 21 | | return which admits tax that is not paid to be
due) to be |
| 22 | | delinquent or deficient in the paying of any tax under this Act
|
| 23 | | or under any other State tax law or municipal or county tax |
| 24 | | ordinance or
resolution under which the certificate of |
| 25 | | registration that is issued to
the registrant under this Act |
| 26 | | will permit the registrant to engage in
business without |
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| 1 | | registering separately under such other law, ordinance or
|
| 2 | | resolution, at which time that taxpayer shall become subject to |
| 3 | | all the
financial responsibility requirements of this Act and, |
| 4 | | as a condition of
being allowed to continue to engage in the |
| 5 | | business of selling tangible
personal property at retail, may |
| 6 | | be required to post bond or other
acceptable security with the |
| 7 | | Department covering liability which such
taxpayer may |
| 8 | | thereafter incur. Any taxpayer who fails to pay an admitted or
|
| 9 | | established liability under this Act may also be required to |
| 10 | | post bond or
other acceptable security with this Department |
| 11 | | guaranteeing the payment of
such admitted or established |
| 12 | | liability. |
| 13 | | No certificate of registration shall be issued to any |
| 14 | | person who is in
default to the State of Illinois for moneys |
| 15 | | due under this Act or under any
other State tax law or |
| 16 | | municipal or county tax ordinance or resolution
under which the |
| 17 | | certificate of registration that is issued to the applicant
|
| 18 | | under this Act will permit the applicant to engage in business |
| 19 | | without
registering separately under such other law, ordinance |
| 20 | | or resolution. |
| 21 | | Any person aggrieved by any decision of the Department |
| 22 | | under this
Section may, within 20 days after notice of such |
| 23 | | decision, protest and
request a hearing, whereupon the |
| 24 | | Department shall give notice to such
person of the time and |
| 25 | | place fixed for such hearing and shall hold a
hearing in |
| 26 | | conformity with the provisions of this Act and then issue its
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| 1 | | final administrative decision in the matter to such person. In |
| 2 | | the absence
of such a protest within 20 days, the Department's |
| 3 | | decision shall become
final without any further determination |
| 4 | | being made or notice given. |
| 5 | | With respect to security other than bonds (upon which the |
| 6 | | Department may
sue in the event of a forfeiture), if the |
| 7 | | taxpayer fails to pay, when due,
any amount whose payment such |
| 8 | | security guarantees, the Department shall,
after such |
| 9 | | liability is admitted by the taxpayer or established by the
|
| 10 | | Department through the issuance of a final assessment that has |
| 11 | | become final
under the law, convert the security which that |
| 12 | | taxpayer has furnished into
money for the State, after first |
| 13 | | giving the taxpayer at least 10 days'
written notice, by |
| 14 | | registered or certified mail, to pay the liability or
forfeit |
| 15 | | such security to the Department. If the security consists of |
| 16 | | stocks
or bonds or other securities which are listed on a |
| 17 | | public exchange, the
Department shall sell such securities |
| 18 | | through such public exchange. If
the security consists of an |
| 19 | | irrevocable bank letter of credit, the
Department shall convert |
| 20 | | the security in the manner provided for in the
Uniform |
| 21 | | Commercial Code. If the security consists of a bank certificate |
| 22 | | of
deposit, the Department shall convert the security into |
| 23 | | money by demanding
and collecting the amount of such bank |
| 24 | | certificate of deposit from the bank
which issued such |
| 25 | | certificate. If the security consists of a type of stocks
or |
| 26 | | other securities which are not listed on a public exchange, the
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| 1 | | Department shall sell such security to the highest and best |
| 2 | | bidder after
giving at least 10 days' notice of the date, time |
| 3 | | and place of the intended
sale by publication in the "State |
| 4 | | Official Newspaper". If the Department
realizes more than the |
| 5 | | amount of such liability from the security, plus the
expenses |
| 6 | | incurred by the Department in converting the security into |
| 7 | | money,
the Department shall pay such excess to the taxpayer who |
| 8 | | furnished such
security, and the balance shall be paid into the |
| 9 | | State Treasury. |
| 10 | | The Department shall discharge any surety and shall release |
| 11 | | and return
any security deposited, assigned, pledged or |
| 12 | | otherwise provided to it by
a taxpayer under this Section |
| 13 | | within 30 days after: |
| 14 | | (1) such taxpayer becomes a Prior Continuous |
| 15 | | Compliance taxpayer; or |
| 16 | | (2) such taxpayer has ceased to collect receipts on |
| 17 | | which he is required
to remit tax to the Department, has |
| 18 | | filed a final tax return, and has paid
to the Department an |
| 19 | | amount sufficient to discharge his remaining tax
|
| 20 | | liability, as determined by the Department, under this Act |
| 21 | | and under every
other State tax law or municipal or county |
| 22 | | tax ordinance or resolution
under which the certificate of |
| 23 | | registration issued under this Act permits
the registrant |
| 24 | | to engage in business without registering separately under
|
| 25 | | such other law, ordinance or resolution. The Department |
| 26 | | shall make a final
determination of the taxpayer's |
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| 1 | | outstanding tax liability as expeditiously
as possible |
| 2 | | after his final tax return has been filed; if the |
| 3 | | Department
cannot make such final determination within 45 |
| 4 | | days after receiving the
final tax return, within such |
| 5 | | period it shall so notify the taxpayer,
stating its reasons |
| 6 | | therefor. |
| 7 | | (Source: P.A. 97-335, eff. 1-1-12; 98-496, eff. 1-1-14; 98-583, |
| 8 | | eff. 1-1-14; revised 9-9-13.)
|
| 9 | | (35 ILCS 120/3) (from Ch. 120, par. 442)
|
| 10 | | Sec. 3. Except as provided in this Section, on or before |
| 11 | | the twentieth
day of each calendar month, every person engaged |
| 12 | | in the business of
selling tangible personal property at retail |
| 13 | | in this State during the
preceding calendar month shall file a |
| 14 | | return with the Department, stating: |
| 15 | | 1. The name of the seller; |
| 16 | | 2. His residence address and the address of his |
| 17 | | principal place of
business and the address of the |
| 18 | | principal place of business (if that is
a different |
| 19 | | address) from which he engages in the business of selling
|
| 20 | | tangible personal property at retail in this State; |
| 21 | | 3. Total amount of receipts received by him during the |
| 22 | | preceding
calendar month or quarter, as the case may be, |
| 23 | | from sales of tangible
personal property, and from services |
| 24 | | furnished, by him during such
preceding calendar month or |
| 25 | | quarter; |
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| 1 | | 4. Total amount received by him during the preceding |
| 2 | | calendar month or
quarter on charge and time sales of |
| 3 | | tangible personal property, and from
services furnished, |
| 4 | | by him prior to the month or quarter for which the return
|
| 5 | | is filed; |
| 6 | | 5. Deductions allowed by law; |
| 7 | | 6. Gross receipts which were received by him during the |
| 8 | | preceding
calendar month or quarter and upon the basis of |
| 9 | | which the tax is imposed; |
| 10 | | 7. The amount of credit provided in Section 2d of this |
| 11 | | Act; |
| 12 | | 8. The amount of tax due; |
| 13 | | 9. The signature of the taxpayer; and |
| 14 | | 10. Such other reasonable information as the |
| 15 | | Department may require. |
| 16 | | If a taxpayer fails to sign a return within 30 days after |
| 17 | | the proper notice
and demand for signature by the Department, |
| 18 | | the return shall be considered
valid and any amount shown to be |
| 19 | | due on the return shall be deemed assessed. |
| 20 | | Each return shall be accompanied by the statement of |
| 21 | | prepaid tax issued
pursuant to Section 2e for which credit is |
| 22 | | claimed. |
| 23 | | Prior to October 1, 2003, and on and after September 1, |
| 24 | | 2004 a retailer may accept a Manufacturer's Purchase
Credit
|
| 25 | | certification from a purchaser in satisfaction of Use Tax
as |
| 26 | | provided in Section 3-85 of the Use Tax Act if the purchaser |
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| 1 | | provides the
appropriate documentation as required by Section |
| 2 | | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
|
| 3 | | certification, accepted by a retailer prior to October 1, 2003 |
| 4 | | and on and after September 1, 2004 as provided
in
Section 3-85 |
| 5 | | of the Use Tax Act, may be used by that retailer to
satisfy |
| 6 | | Retailers' Occupation Tax liability in the amount claimed in
|
| 7 | | the certification, not to exceed 6.25% of the receipts
subject |
| 8 | | to tax from a qualifying purchase. A Manufacturer's Purchase |
| 9 | | Credit
reported on any original or amended return
filed under
|
| 10 | | this Act after October 20, 2003 for reporting periods prior to |
| 11 | | September 1, 2004 shall be disallowed. Manufacturer's |
| 12 | | Purchaser Credit reported on annual returns due on or after |
| 13 | | January 1, 2005 will be disallowed for periods prior to |
| 14 | | September 1, 2004. No Manufacturer's
Purchase Credit may be |
| 15 | | used after September 30, 2003 through August 31, 2004 to
|
| 16 | | satisfy any
tax liability imposed under this Act, including any |
| 17 | | audit liability. |
| 18 | | The Department may require returns to be filed on a |
| 19 | | quarterly basis.
If so required, a return for each calendar |
| 20 | | quarter shall be filed on or
before the twentieth day of the |
| 21 | | calendar month following the end of such
calendar quarter. The |
| 22 | | taxpayer shall also file a return with the
Department for each |
| 23 | | of the first two months of each calendar quarter, on or
before |
| 24 | | the twentieth day of the following calendar month, stating: |
| 25 | | 1. The name of the seller; |
| 26 | | 2. The address of the principal place of business from |
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| 1 | | which he engages
in the business of selling tangible |
| 2 | | personal property at retail in this State; |
| 3 | | 3. The total amount of taxable receipts received by him |
| 4 | | during the
preceding calendar month from sales of tangible |
| 5 | | personal property by him
during such preceding calendar |
| 6 | | month, including receipts from charge and
time sales, but |
| 7 | | less all deductions allowed by law; |
| 8 | | 4. The amount of credit provided in Section 2d of this |
| 9 | | Act; |
| 10 | | 5. The amount of tax due; and |
| 11 | | 6. Such other reasonable information as the Department |
| 12 | | may
require. |
| 13 | | Beginning on October 1, 2003, any person who is not a |
| 14 | | licensed
distributor, importing distributor, or manufacturer, |
| 15 | | as defined in the Liquor
Control Act of 1934, but is engaged in |
| 16 | | the business of
selling, at retail, alcoholic liquor
shall file |
| 17 | | a statement with the Department of Revenue, in a format
and at |
| 18 | | a time prescribed by the Department, showing the total amount |
| 19 | | paid for
alcoholic liquor purchased during the preceding month |
| 20 | | and such other
information as is reasonably required by the |
| 21 | | Department.
The Department may adopt rules to require
that this |
| 22 | | statement be filed in an electronic or telephonic format. Such |
| 23 | | rules
may provide for exceptions from the filing requirements |
| 24 | | of this paragraph. For
the
purposes of this
paragraph, the term |
| 25 | | "alcoholic liquor" shall have the meaning prescribed in the
|
| 26 | | Liquor Control Act of 1934. |
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| 1 | | Beginning on October 1, 2003, every distributor, importing |
| 2 | | distributor, and
manufacturer of alcoholic liquor as defined in |
| 3 | | the Liquor Control Act of 1934,
shall file a
statement with the |
| 4 | | Department of Revenue, no later than the 10th day of the
month |
| 5 | | for the
preceding month during which transactions occurred, by |
| 6 | | electronic means,
showing the
total amount of gross receipts |
| 7 | | from the sale of alcoholic liquor sold or
distributed during
|
| 8 | | the preceding month to purchasers; identifying the purchaser to |
| 9 | | whom it was
sold or
distributed; the purchaser's tax |
| 10 | | registration number; and such other
information
reasonably |
| 11 | | required by the Department. A distributor, importing |
| 12 | | distributor, or manufacturer of alcoholic liquor must |
| 13 | | personally deliver, mail, or provide by electronic means to |
| 14 | | each retailer listed on the monthly statement a report |
| 15 | | containing a cumulative total of that distributor's, importing |
| 16 | | distributor's, or manufacturer's total sales of alcoholic |
| 17 | | liquor to that retailer no later than the 10th day of the month |
| 18 | | for the preceding month during which the transaction occurred. |
| 19 | | The distributor, importing distributor, or manufacturer shall |
| 20 | | notify the retailer as to the method by which the distributor, |
| 21 | | importing distributor, or manufacturer will provide the sales |
| 22 | | information. If the retailer is unable to receive the sales |
| 23 | | information by electronic means, the distributor, importing |
| 24 | | distributor, or manufacturer shall furnish the sales |
| 25 | | information by personal delivery or by mail. For purposes of |
| 26 | | this paragraph, the term "electronic means" includes, but is |
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| 1 | | not limited to, the use of a secure Internet website, e-mail, |
| 2 | | or facsimile. |
| 3 | | If a total amount of less than $1 is payable, refundable or |
| 4 | | creditable,
such amount shall be disregarded if it is less than |
| 5 | | 50 cents and shall be
increased to $1 if it is 50 cents or more. |
| 6 | | Beginning October 1, 1993,
a taxpayer who has an average |
| 7 | | monthly tax liability of $150,000 or more shall
make all |
| 8 | | payments required by rules of the
Department by electronic |
| 9 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
| 10 | | an average monthly tax liability of $100,000 or more shall make |
| 11 | | all
payments required by rules of the Department by electronic |
| 12 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has |
| 13 | | an average monthly tax liability
of $50,000 or more shall make |
| 14 | | all
payments required by rules of the Department by electronic |
| 15 | | funds transfer.
Beginning October 1, 2000, a taxpayer who has |
| 16 | | an annual tax liability of
$200,000 or more shall make all |
| 17 | | payments required by rules of the Department by
electronic |
| 18 | | funds transfer. The term "annual tax liability" shall be the |
| 19 | | sum of
the taxpayer's liabilities under this Act, and under all |
| 20 | | other State and local
occupation and use tax laws administered |
| 21 | | by the Department, for the immediately
preceding calendar year.
|
| 22 | | The term "average monthly tax liability" shall be the sum of |
| 23 | | the
taxpayer's liabilities under this
Act, and under all other |
| 24 | | State and local occupation and use tax
laws administered by the |
| 25 | | Department, for the immediately preceding calendar
year |
| 26 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has |
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| 1 | | a tax liability in the
amount set forth in subsection (b) of |
| 2 | | Section 2505-210 of the Department of
Revenue Law shall make |
| 3 | | all payments required by rules of the Department by
electronic |
| 4 | | funds transfer. |
| 5 | | Before August 1 of each year beginning in 1993, the |
| 6 | | Department shall
notify all taxpayers required to make payments |
| 7 | | by electronic funds
transfer. All taxpayers
required to make |
| 8 | | payments by electronic funds transfer shall make those
payments |
| 9 | | for
a minimum of one year beginning on October 1. |
| 10 | | Any taxpayer not required to make payments by electronic |
| 11 | | funds transfer may
make payments by electronic funds transfer |
| 12 | | with
the permission of the Department. |
| 13 | | All taxpayers required to make payment by electronic funds |
| 14 | | transfer and
any taxpayers authorized to voluntarily make |
| 15 | | payments by electronic funds
transfer shall make those payments |
| 16 | | in the manner authorized by the Department. |
| 17 | | The Department shall adopt such rules as are necessary to |
| 18 | | effectuate a
program of electronic funds transfer and the |
| 19 | | requirements of this Section. |
| 20 | | Any amount which is required to be shown or reported on any |
| 21 | | return or
other document under this Act shall, if such amount |
| 22 | | is not a whole-dollar
amount, be increased to the nearest |
| 23 | | whole-dollar amount in any case where
the fractional part of a |
| 24 | | dollar is 50 cents or more, and decreased to the
nearest |
| 25 | | whole-dollar amount where the fractional part of a dollar is |
| 26 | | less
than 50 cents. |
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| 1 | | If the retailer is otherwise required to file a monthly |
| 2 | | return and if the
retailer's average monthly tax liability to |
| 3 | | the Department does not exceed
$200, the Department may |
| 4 | | authorize his returns to be filed on a quarter
annual basis, |
| 5 | | with the return for January, February and March of a given
year |
| 6 | | being due by April 20 of such year; with the return for April, |
| 7 | | May and
June of a given year being due by July 20 of such year; |
| 8 | | with the return for
July, August and September of a given year |
| 9 | | being due by October 20 of such
year, and with the return for |
| 10 | | October, November and December of a given
year being due by |
| 11 | | January 20 of the following year. |
| 12 | | If the retailer is otherwise required to file a monthly or |
| 13 | | quarterly
return and if the retailer's average monthly tax |
| 14 | | liability with the
Department does not exceed $50, the |
| 15 | | Department may authorize his returns to
be filed on an annual |
| 16 | | basis, with the return for a given year being due by
January 20 |
| 17 | | of the following year. |
| 18 | | Such quarter annual and annual returns, as to form and |
| 19 | | substance,
shall be subject to the same requirements as monthly |
| 20 | | returns. |
| 21 | | Notwithstanding any other provision in this Act concerning |
| 22 | | the time
within which a retailer may file his return, in the |
| 23 | | case of any retailer
who ceases to engage in a kind of business |
| 24 | | which makes him responsible
for filing returns under this Act, |
| 25 | | such retailer shall file a final
return under this Act with the |
| 26 | | Department not more than one month after
discontinuing such |
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| 1 | | business. |
| 2 | | Where the same person has more than one business registered |
| 3 | | with the
Department under separate registrations under this |
| 4 | | Act, such person may
not file each return that is due as a |
| 5 | | single return covering all such
registered businesses, but |
| 6 | | shall file separate returns for each such
registered business. |
| 7 | | In addition, with respect to motor vehicles, watercraft,
|
| 8 | | aircraft, and trailers that are required to be registered with |
| 9 | | an agency of
this State, every
retailer selling this kind of |
| 10 | | tangible personal property shall file,
with the Department, |
| 11 | | upon a form to be prescribed and supplied by the
Department, a |
| 12 | | separate return for each such item of tangible personal
|
| 13 | | property which the retailer sells, except that if, in the same
|
| 14 | | transaction, (i) a retailer of aircraft, watercraft, motor |
| 15 | | vehicles or
trailers transfers more than one aircraft, |
| 16 | | watercraft, motor
vehicle or trailer to another aircraft, |
| 17 | | watercraft, motor vehicle
retailer or trailer retailer for the |
| 18 | | purpose of resale
or (ii) a retailer of aircraft, watercraft, |
| 19 | | motor vehicles, or trailers
transfers more than one aircraft, |
| 20 | | watercraft, motor vehicle, or trailer to a
purchaser for use as |
| 21 | | a qualifying rolling stock as provided in Section 2-5 of
this |
| 22 | | Act, then
that seller may report the transfer of all aircraft,
|
| 23 | | watercraft, motor vehicles or trailers involved in that |
| 24 | | transaction to the
Department on the same uniform |
| 25 | | invoice-transaction reporting return form. For
purposes of |
| 26 | | this Section, "watercraft" means a Class 2, Class 3, or Class 4
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| 1 | | watercraft as defined in Section 3-2 of the Boat Registration |
| 2 | | and Safety Act, a
personal watercraft, or any boat equipped |
| 3 | | with an inboard motor. |
| 4 | | Any retailer who sells only motor vehicles, watercraft,
|
| 5 | | aircraft, or trailers that are required to be registered with |
| 6 | | an agency of
this State, so that all
retailers' occupation tax |
| 7 | | liability is required to be reported, and is
reported, on such |
| 8 | | transaction reporting returns and who is not otherwise
required |
| 9 | | to file monthly or quarterly returns, need not file monthly or
|
| 10 | | quarterly returns. However, those retailers shall be required |
| 11 | | to
file returns on an annual basis. |
| 12 | | The transaction reporting return, in the case of motor |
| 13 | | vehicles
or trailers that are required to be registered with an |
| 14 | | agency of this
State, shall
be the same document as the Uniform |
| 15 | | Invoice referred to in Section 5-402
of The Illinois Vehicle |
| 16 | | Code and must show the name and address of the
seller; the name |
| 17 | | and address of the purchaser; the amount of the selling
price |
| 18 | | including the amount allowed by the retailer for traded-in
|
| 19 | | property, if any; the amount allowed by the retailer for the |
| 20 | | traded-in
tangible personal property, if any, to the extent to |
| 21 | | which Section 1 of
this Act allows an exemption for the value |
| 22 | | of traded-in property; the
balance payable after deducting such |
| 23 | | trade-in allowance from the total
selling price; the amount of |
| 24 | | tax due from the retailer with respect to
such transaction; the |
| 25 | | amount of tax collected from the purchaser by the
retailer on |
| 26 | | such transaction (or satisfactory evidence that such tax is
not |
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| 1 | | due in that particular instance, if that is claimed to be the |
| 2 | | fact);
the place and date of the sale; a sufficient |
| 3 | | identification of the
property sold; such other information as |
| 4 | | is required in Section 5-402 of
The Illinois Vehicle Code, and |
| 5 | | such other information as the Department
may reasonably |
| 6 | | require. |
| 7 | | The transaction reporting return in the case of watercraft
|
| 8 | | or aircraft must show
the name and address of the seller; the |
| 9 | | name and address of the
purchaser; the amount of the selling |
| 10 | | price including the amount allowed
by the retailer for |
| 11 | | traded-in property, if any; the amount allowed by
the retailer |
| 12 | | for the traded-in tangible personal property, if any, to
the |
| 13 | | extent to which Section 1 of this Act allows an exemption for |
| 14 | | the
value of traded-in property; the balance payable after |
| 15 | | deducting such
trade-in allowance from the total selling price; |
| 16 | | the amount of tax due
from the retailer with respect to such |
| 17 | | transaction; the amount of tax
collected from the purchaser by |
| 18 | | the retailer on such transaction (or
satisfactory evidence that |
| 19 | | such tax is not due in that particular
instance, if that is |
| 20 | | claimed to be the fact); the place and date of the
sale, a |
| 21 | | sufficient identification of the property sold, and such other
|
| 22 | | information as the Department may reasonably require. |
| 23 | | Such transaction reporting return shall be filed not later |
| 24 | | than 20
days after the day of delivery of the item that is |
| 25 | | being sold, but may
be filed by the retailer at any time sooner |
| 26 | | than that if he chooses to
do so. The transaction reporting |
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| 1 | | return and tax remittance or proof of
exemption from the |
| 2 | | Illinois use tax may be transmitted to the Department
by way of |
| 3 | | the State agency with which, or State officer with whom the
|
| 4 | | tangible personal property must be titled or registered (if |
| 5 | | titling or
registration is required) if the Department and such |
| 6 | | agency or State
officer determine that this procedure will |
| 7 | | expedite the processing of
applications for title or |
| 8 | | registration. |
| 9 | | With each such transaction reporting return, the retailer |
| 10 | | shall remit
the proper amount of tax due (or shall submit |
| 11 | | satisfactory evidence that
the sale is not taxable if that is |
| 12 | | the case), to the Department or its
agents, whereupon the |
| 13 | | Department shall issue, in the purchaser's name, a
use tax |
| 14 | | receipt (or a certificate of exemption if the Department is
|
| 15 | | satisfied that the particular sale is tax exempt) which such |
| 16 | | purchaser
may submit to the agency with which, or State officer |
| 17 | | with whom, he must
title or register the tangible personal |
| 18 | | property that is involved (if
titling or registration is |
| 19 | | required) in support of such purchaser's
application for an |
| 20 | | Illinois certificate or other evidence of title or
registration |
| 21 | | to such tangible personal property. |
| 22 | | No retailer's failure or refusal to remit tax under this |
| 23 | | Act
precludes a user, who has paid the proper tax to the |
| 24 | | retailer, from
obtaining his certificate of title or other |
| 25 | | evidence of title or
registration (if titling or registration |
| 26 | | is required) upon satisfying
the Department that such user has |
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| 1 | | paid the proper tax (if tax is due) to
the retailer. The |
| 2 | | Department shall adopt appropriate rules to carry out
the |
| 3 | | mandate of this paragraph. |
| 4 | | If the user who would otherwise pay tax to the retailer |
| 5 | | wants the
transaction reporting return filed and the payment of |
| 6 | | the tax or proof
of exemption made to the Department before the |
| 7 | | retailer is willing to
take these actions and such user has not |
| 8 | | paid the tax to the retailer,
such user may certify to the fact |
| 9 | | of such delay by the retailer and may
(upon the Department |
| 10 | | being satisfied of the truth of such certification)
transmit |
| 11 | | the information required by the transaction reporting return
|
| 12 | | and the remittance for tax or proof of exemption directly to |
| 13 | | the
Department and obtain his tax receipt or exemption |
| 14 | | determination, in
which event the transaction reporting return |
| 15 | | and tax remittance (if a
tax payment was required) shall be |
| 16 | | credited by the Department to the
proper retailer's account |
| 17 | | with the Department, but without the 2.1% or 1.75%
discount |
| 18 | | provided for in this Section being allowed. When the user pays
|
| 19 | | the tax directly to the Department, he shall pay the tax in the |
| 20 | | same
amount and in the same form in which it would be remitted |
| 21 | | if the tax had
been remitted to the Department by the retailer. |
| 22 | | Refunds made by the seller during the preceding return |
| 23 | | period to
purchasers, on account of tangible personal property |
| 24 | | returned to the
seller, shall be allowed as a deduction under |
| 25 | | subdivision 5 of his monthly
or quarterly return, as the case |
| 26 | | may be, in case the
seller had theretofore included the |
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| 1 | | receipts from the sale of such
tangible personal property in a |
| 2 | | return filed by him and had paid the tax
imposed by this Act |
| 3 | | with respect to such receipts. |
| 4 | | Where the seller is a corporation, the return filed on |
| 5 | | behalf of such
corporation shall be signed by the president, |
| 6 | | vice-president, secretary
or treasurer or by the properly |
| 7 | | accredited agent of such corporation. |
| 8 | | Where the seller is a limited liability company, the return |
| 9 | | filed on behalf
of the limited liability company shall be |
| 10 | | signed by a manager, member, or
properly accredited agent of |
| 11 | | the limited liability company. |
| 12 | | Except as provided in this Section, the retailer filing the |
| 13 | | return
under this Section shall, at the time of filing such |
| 14 | | return, pay to the
Department the amount of tax imposed by this |
| 15 | | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% |
| 16 | | on and after January 1, 1990, or $5 per
calendar year, |
| 17 | | whichever is greater, which is allowed to
reimburse the |
| 18 | | retailer for the expenses incurred in keeping records,
|
| 19 | | preparing and filing returns, remitting the tax and supplying |
| 20 | | data to
the Department on request. Any prepayment made pursuant |
| 21 | | to Section 2d
of this Act shall be included in the amount on |
| 22 | | which such
2.1% or 1.75% discount is computed. In the case of |
| 23 | | retailers who report
and pay the tax on a transaction by |
| 24 | | transaction basis, as provided in this
Section, such discount |
| 25 | | shall be taken with each such tax remittance
instead of when |
| 26 | | such retailer files his periodic return. The Department may |
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| 1 | | disallow the discount for retailers whose certificate of |
| 2 | | registration is revoked at the time the return is filed, but |
| 3 | | only if the Department's decision to revoke the certificate of |
| 4 | | registration has become final. |
| 5 | | Before October 1, 2000, if the taxpayer's average monthly |
| 6 | | tax liability
to the Department
under this Act, the Use Tax |
| 7 | | Act, the Service Occupation Tax
Act, and the Service Use Tax |
| 8 | | Act, excluding any liability for prepaid sales
tax to be |
| 9 | | remitted in accordance with Section 2d of this Act, was
$10,000
|
| 10 | | or more during the preceding 4 complete calendar quarters, he |
| 11 | | shall file a
return with the Department each month by the 20th |
| 12 | | day of the month next
following the month during which such tax |
| 13 | | liability is incurred and shall
make payments to the Department |
| 14 | | on or before the 7th, 15th, 22nd and last
day of the month |
| 15 | | during which such liability is incurred.
On and after October |
| 16 | | 1, 2000, if the taxpayer's average monthly tax liability
to the |
| 17 | | Department under this Act, the Use Tax Act, the Service |
| 18 | | Occupation Tax
Act, and the Service Use Tax Act, excluding any |
| 19 | | liability for prepaid sales tax
to be remitted in accordance |
| 20 | | with Section 2d of this Act, was $20,000 or more
during the |
| 21 | | preceding 4 complete calendar quarters, he shall file a return |
| 22 | | with
the Department each month by the 20th day of the month |
| 23 | | next following the month
during which such tax liability is |
| 24 | | incurred and shall make payment to the
Department on or before |
| 25 | | the 7th, 15th, 22nd and last day of the month during
which such |
| 26 | | liability is incurred.
If the month
during which such tax |
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| 1 | | liability is incurred began prior to January 1, 1985,
each |
| 2 | | payment shall be in an amount equal to 1/4 of the taxpayer's |
| 3 | | actual
liability for the month or an amount set by the |
| 4 | | Department not to exceed
1/4 of the average monthly liability |
| 5 | | of the taxpayer to the Department for
the preceding 4 complete |
| 6 | | calendar quarters (excluding the month of highest
liability and |
| 7 | | the month of lowest liability in such 4 quarter period). If
the |
| 8 | | month during which such tax liability is incurred begins on or |
| 9 | | after
January 1, 1985 and prior to January 1, 1987, each |
| 10 | | payment shall be in an
amount equal to 22.5% of the taxpayer's |
| 11 | | actual liability for the month or
27.5% of the taxpayer's |
| 12 | | liability for the same calendar
month of the preceding year. If |
| 13 | | the month during which such tax
liability is incurred begins on |
| 14 | | or after January 1, 1987 and prior to
January 1, 1988, each |
| 15 | | payment shall be in an amount equal to 22.5% of the
taxpayer's |
| 16 | | actual liability for the month or 26.25% of the taxpayer's
|
| 17 | | liability for the same calendar month of the preceding year. If |
| 18 | | the month
during which such tax liability is incurred begins on |
| 19 | | or after January 1,
1988, and prior to January 1, 1989, or |
| 20 | | begins on or after January 1, 1996, each
payment shall be in an |
| 21 | | amount
equal to 22.5% of the taxpayer's actual liability for |
| 22 | | the month or 25% of
the taxpayer's liability for the same |
| 23 | | calendar month of the preceding year. If
the month during which |
| 24 | | such tax liability is incurred begins on or after
January 1, |
| 25 | | 1989, and prior to January 1, 1996, each payment shall be in an
|
| 26 | | amount equal to 22.5% of the
taxpayer's actual liability for |
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| 1 | | the month or 25% of the taxpayer's
liability for the same |
| 2 | | calendar month of the preceding year or 100% of the
taxpayer's |
| 3 | | actual liability for the quarter monthly reporting period. The
|
| 4 | | amount of such quarter monthly payments shall be credited |
| 5 | | against
the final tax liability of the taxpayer's return for |
| 6 | | that month. Before
October 1, 2000, once
applicable, the |
| 7 | | requirement of the making of quarter monthly payments to
the |
| 8 | | Department by taxpayers having an average monthly tax liability |
| 9 | | of
$10,000 or more as determined in the manner provided above
|
| 10 | | shall continue
until such taxpayer's average monthly liability |
| 11 | | to the Department during
the preceding 4 complete calendar |
| 12 | | quarters (excluding the month of highest
liability and the |
| 13 | | month of lowest liability) is less than
$9,000, or until
such |
| 14 | | taxpayer's average monthly liability to the Department as |
| 15 | | computed for
each calendar quarter of the 4 preceding complete |
| 16 | | calendar quarter period
is less than $10,000. However, if a |
| 17 | | taxpayer can show the
Department that
a substantial change in |
| 18 | | the taxpayer's business has occurred which causes
the taxpayer |
| 19 | | to anticipate that his average monthly tax liability for the
|
| 20 | | reasonably foreseeable future will fall below the $10,000 |
| 21 | | threshold
stated above, then
such taxpayer
may petition the |
| 22 | | Department for a change in such taxpayer's reporting
status. On |
| 23 | | and after October 1, 2000, once applicable, the requirement of
|
| 24 | | the making of quarter monthly payments to the Department by |
| 25 | | taxpayers having an
average monthly tax liability of $20,000 or |
| 26 | | more as determined in the manner
provided above shall continue |
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| 1 | | until such taxpayer's average monthly liability
to the |
| 2 | | Department during the preceding 4 complete calendar quarters |
| 3 | | (excluding
the month of highest liability and the month of |
| 4 | | lowest liability) is less than
$19,000 or until such taxpayer's |
| 5 | | average monthly liability to the Department as
computed for |
| 6 | | each calendar quarter of the 4 preceding complete calendar |
| 7 | | quarter
period is less than $20,000. However, if a taxpayer can |
| 8 | | show the Department
that a substantial change in the taxpayer's |
| 9 | | business has occurred which causes
the taxpayer to anticipate |
| 10 | | that his average monthly tax liability for the
reasonably |
| 11 | | foreseeable future will fall below the $20,000 threshold stated
|
| 12 | | above, then such taxpayer may petition the Department for a |
| 13 | | change in such
taxpayer's reporting status. The Department |
| 14 | | shall change such taxpayer's
reporting status
unless it finds |
| 15 | | that such change is seasonal in nature and not likely to be
|
| 16 | | long term. If any such quarter monthly payment is not paid at |
| 17 | | the time or
in the amount required by this Section, then the |
| 18 | | taxpayer shall be liable for
penalties and interest on the |
| 19 | | difference
between the minimum amount due as a payment and the |
| 20 | | amount of such quarter
monthly payment actually and timely |
| 21 | | paid, except insofar as the
taxpayer has previously made |
| 22 | | payments for that month to the Department in
excess of the |
| 23 | | minimum payments previously due as provided in this Section.
|
| 24 | | The Department shall make reasonable rules and regulations to |
| 25 | | govern the
quarter monthly payment amount and quarter monthly |
| 26 | | payment dates for
taxpayers who file on other than a calendar |
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| 1 | | monthly basis. |
| 2 | | The provisions of this paragraph apply before October 1, |
| 3 | | 2001.
Without regard to whether a taxpayer is required to make |
| 4 | | quarter monthly
payments as specified above, any taxpayer who |
| 5 | | is required by Section 2d
of this Act to collect and remit |
| 6 | | prepaid taxes and has collected prepaid
taxes which average in |
| 7 | | excess of $25,000 per month during the preceding
2 complete |
| 8 | | calendar quarters, shall file a return with the Department as
|
| 9 | | required by Section 2f and shall make payments to the |
| 10 | | Department on or before
the 7th, 15th, 22nd and last day of the |
| 11 | | month during which such liability
is incurred. If the month |
| 12 | | during which such tax liability is incurred
began prior to the |
| 13 | | effective date of this amendatory Act of 1985, each
payment |
| 14 | | shall be in an amount not less than 22.5% of the taxpayer's |
| 15 | | actual
liability under Section 2d. If the month during which |
| 16 | | such tax liability
is incurred begins on or after January 1, |
| 17 | | 1986, each payment shall be in an
amount equal to 22.5% of the |
| 18 | | taxpayer's actual liability for the month or
27.5% of the |
| 19 | | taxpayer's liability for the same calendar month of the
|
| 20 | | preceding calendar year. If the month during which such tax |
| 21 | | liability is
incurred begins on or after January 1, 1987, each |
| 22 | | payment shall be in an
amount equal to 22.5% of the taxpayer's |
| 23 | | actual liability for the month or
26.25% of the taxpayer's |
| 24 | | liability for the same calendar month of the
preceding year. |
| 25 | | The amount of such quarter monthly payments shall be
credited |
| 26 | | against the final tax liability of the taxpayer's return for |
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| 1 | | that
month filed under this Section or Section 2f, as the case |
| 2 | | may be. Once
applicable, the requirement of the making of |
| 3 | | quarter monthly payments to
the Department pursuant to this |
| 4 | | paragraph shall continue until such
taxpayer's average monthly |
| 5 | | prepaid tax collections during the preceding 2
complete |
| 6 | | calendar quarters is $25,000 or less. If any such quarter |
| 7 | | monthly
payment is not paid at the time or in the amount |
| 8 | | required, the taxpayer
shall be liable for penalties and |
| 9 | | interest on such difference, except
insofar as the taxpayer has |
| 10 | | previously made payments for that month in
excess of the |
| 11 | | minimum payments previously due. |
| 12 | | The provisions of this paragraph apply on and after October |
| 13 | | 1, 2001.
Without regard to whether a taxpayer is required to |
| 14 | | make quarter monthly
payments as specified above, any taxpayer |
| 15 | | who is required by Section 2d of this
Act to collect and remit |
| 16 | | prepaid taxes and has collected prepaid taxes that
average in |
| 17 | | excess of $20,000 per month during the preceding 4 complete |
| 18 | | calendar
quarters shall file a return with the Department as |
| 19 | | required by Section 2f
and shall make payments to the |
| 20 | | Department on or before the 7th, 15th, 22nd and
last day of the |
| 21 | | month during which the liability is incurred. Each payment
|
| 22 | | shall be in an amount equal to 22.5% of the taxpayer's actual |
| 23 | | liability for the
month or 25% of the taxpayer's liability for |
| 24 | | the same calendar month of the
preceding year. The amount of |
| 25 | | the quarter monthly payments shall be credited
against the |
| 26 | | final tax liability of the taxpayer's return for that month |
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| 1 | | filed
under this Section or Section 2f, as the case may be. |
| 2 | | Once applicable, the
requirement of the making of quarter |
| 3 | | monthly payments to the Department
pursuant to this paragraph |
| 4 | | shall continue until the taxpayer's average monthly
prepaid tax |
| 5 | | collections during the preceding 4 complete calendar quarters
|
| 6 | | (excluding the month of highest liability and the month of |
| 7 | | lowest liability) is
less than $19,000 or until such taxpayer's |
| 8 | | average monthly liability to the
Department as computed for |
| 9 | | each calendar quarter of the 4 preceding complete
calendar |
| 10 | | quarters is less than $20,000. If any such quarter monthly |
| 11 | | payment is
not paid at the time or in the amount required, the |
| 12 | | taxpayer shall be liable
for penalties and interest on such |
| 13 | | difference, except insofar as the taxpayer
has previously made |
| 14 | | payments for that month in excess of the minimum payments
|
| 15 | | previously due. |
| 16 | | If any payment provided for in this Section exceeds
the |
| 17 | | taxpayer's liabilities under this Act, the Use Tax Act, the |
| 18 | | Service
Occupation Tax Act and the Service Use Tax Act, as |
| 19 | | shown on an original
monthly return, the Department shall, if |
| 20 | | requested by the taxpayer, issue to
the taxpayer a credit |
| 21 | | memorandum no later than 30 days after the date of
payment. The |
| 22 | | credit evidenced by such credit memorandum may
be assigned by |
| 23 | | the taxpayer to a similar taxpayer under this Act, the
Use Tax |
| 24 | | Act, the Service Occupation Tax Act or the Service Use Tax Act, |
| 25 | | in
accordance with reasonable rules and regulations to be |
| 26 | | prescribed by the
Department. If no such request is made, the |
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| 1 | | taxpayer may credit such excess
payment against tax liability |
| 2 | | subsequently to be remitted to the Department
under this Act, |
| 3 | | the Use Tax Act, the Service Occupation Tax Act or the
Service |
| 4 | | Use Tax Act, in accordance with reasonable rules and |
| 5 | | regulations
prescribed by the Department. If the Department |
| 6 | | subsequently determined
that all or any part of the credit |
| 7 | | taken was not actually due to the
taxpayer, the taxpayer's 2.1% |
| 8 | | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% |
| 9 | | of the difference between the credit taken and that
actually |
| 10 | | due, and that taxpayer shall be liable for penalties and |
| 11 | | interest
on such difference. |
| 12 | | If a retailer of motor fuel is entitled to a credit under |
| 13 | | Section 2d of
this Act which exceeds the taxpayer's liability |
| 14 | | to the Department under
this Act for the month which the |
| 15 | | taxpayer is filing a return, the
Department shall issue the |
| 16 | | taxpayer a credit memorandum for the excess. |
| 17 | | Beginning January 1, 1990, each month the Department shall |
| 18 | | pay into
the Local Government Tax Fund, a special fund in the |
| 19 | | State treasury which
is hereby created, the net revenue |
| 20 | | realized for the preceding month from
the 1% tax on sales of |
| 21 | | food for human consumption which is to be consumed
off the |
| 22 | | premises where it is sold (other than alcoholic beverages, soft
|
| 23 | | drinks and food which has been prepared for immediate |
| 24 | | consumption) and
prescription and nonprescription medicines, |
| 25 | | drugs, medical appliances and
insulin, urine testing |
| 26 | | materials, syringes and needles used by diabetics. |
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| 1 | | Beginning January 1, 1990, each month the Department shall |
| 2 | | pay into
the County and Mass Transit District Fund, a special |
| 3 | | fund in the State
treasury which is hereby created, 4% of the |
| 4 | | net revenue realized
for the preceding month from the 6.25% |
| 5 | | general rate. |
| 6 | | Beginning August 1, 2000, each
month the Department shall |
| 7 | | pay into the
County and Mass Transit District Fund 20% of the |
| 8 | | net revenue realized for the
preceding month from the 1.25% |
| 9 | | rate on the selling price of motor fuel and
gasohol. Beginning |
| 10 | | September 1, 2010, each month the Department shall pay into the |
| 11 | | County and Mass Transit District Fund 20% of the net revenue |
| 12 | | realized for the preceding month from the 1.25% rate on the |
| 13 | | selling price of sales tax holiday items. |
| 14 | | Beginning January 1, 1990, each month the Department shall |
| 15 | | pay into
the Local Government Tax Fund 16% of the net revenue |
| 16 | | realized for the
preceding month from the 6.25% general rate on |
| 17 | | the selling price of
tangible personal property. |
| 18 | | Beginning August 1, 2000, each
month the Department shall |
| 19 | | pay into the
Local Government Tax Fund 80% of the net revenue |
| 20 | | realized for the preceding
month from the 1.25% rate on the |
| 21 | | selling price of motor fuel and gasohol. Beginning September 1, |
| 22 | | 2010, each month the Department shall pay into the Local |
| 23 | | Government Tax Fund 80% of the net revenue realized for the |
| 24 | | preceding month from the 1.25% rate on the selling price of |
| 25 | | sales tax holiday items. |
| 26 | | Beginning October 1, 2009, each month the Department shall |
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| 1 | | pay into the Capital Projects Fund an amount that is equal to |
| 2 | | an amount estimated by the Department to represent 80% of the |
| 3 | | net revenue realized for the preceding month from the sale of |
| 4 | | candy, grooming and hygiene products, and soft drinks that had |
| 5 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
| 6 | | are is now taxed at 6.25%. |
| 7 | | Beginning July 1, 2011, each
month the Department shall pay |
| 8 | | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue |
| 9 | | realized for the
preceding month from the 6.25% general rate on |
| 10 | | the selling price of sorbents used in Illinois in the process |
| 11 | | of sorbent injection as used to comply with the Environmental |
| 12 | | Protection Act or the federal Clean Air Act, but the total |
| 13 | | payment into the Clean Air Act (CAA) Permit Fund under this Act |
| 14 | | and the Use Tax Act shall not exceed $2,000,000 in any fiscal |
| 15 | | year. |
| 16 | | Beginning July 1, 2013, each month the Department shall pay |
| 17 | | into the Underground Storage Tank Fund from the proceeds |
| 18 | | collected under this Act, the Use Tax Act, the Service Use Tax |
| 19 | | Act, and the Service Occupation Tax Act an amount equal to the |
| 20 | | average monthly deficit in the Underground Storage Tank Fund |
| 21 | | during the prior year, as certified annually by the Illinois |
| 22 | | Environmental Protection Agency, but the total payment into the |
| 23 | | Underground Storage Tank Fund under this Act, the Use Tax Act, |
| 24 | | the Service Use Tax Act, and the Service Occupation Tax Act |
| 25 | | shall not exceed $18,000,000 in any State fiscal year. As used |
| 26 | | in this paragraph, the "average monthly deficit" shall be equal |
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| 1 | | to the difference between the average monthly claims for |
| 2 | | payment by the fund and the average monthly revenues deposited |
| 3 | | into the fund, excluding payments made pursuant to this |
| 4 | | paragraph. |
| 5 | | Of the remainder of the moneys received by the Department |
| 6 | | pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
| 7 | | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on |
| 8 | | and after July 1, 1989,
3.8% thereof shall be paid into the |
| 9 | | Build Illinois Fund; provided, however,
that if in any fiscal |
| 10 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case |
| 11 | | may be, of the moneys received by the Department and required |
| 12 | | to
be paid into the Build Illinois Fund pursuant to this Act, |
| 13 | | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax |
| 14 | | Act, and Section 9 of the
Service Occupation Tax Act, such Acts |
| 15 | | being hereinafter called the "Tax
Acts" and such aggregate of |
| 16 | | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter |
| 17 | | called the "Tax Act Amount", and (2) the amount
transferred to |
| 18 | | the Build Illinois Fund from the State and Local Sales Tax
|
| 19 | | Reform Fund shall be less than the Annual Specified Amount (as |
| 20 | | hereinafter
defined), an amount equal to the difference shall |
| 21 | | be immediately paid into
the Build Illinois Fund from other |
| 22 | | moneys received by the Department
pursuant to the Tax Acts; the |
| 23 | | "Annual Specified Amount" means the amounts
specified below for |
| 24 | | fiscal years 1986 through 1993: |
|
| 25 | | Fiscal Year | Annual Specified Amount | |
| 26 | | 1986 | $54,800,000 | |
|
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| 1 | | 1987 | $76,650,000 | |
| 2 | | 1988 | $80,480,000 | |
| 3 | | 1989 | $88,510,000 | |
| 4 | | 1990 | $115,330,000 | |
| 5 | | 1991 | $145,470,000 | |
| 6 | | 1992 | $182,730,000 | |
| 7 | | 1993 | $206,520,000; |
|
| 8 | | and means the Certified Annual Debt Service Requirement (as |
| 9 | | defined in
Section 13 of the Build Illinois Bond Act) or the |
| 10 | | Tax Act Amount, whichever
is greater, for fiscal year 1994 and |
| 11 | | each fiscal year thereafter; and
further provided, that if on |
| 12 | | the last business day of any month the sum of
(1) the Tax Act |
| 13 | | Amount required to be deposited into the Build Illinois
Bond |
| 14 | | Account in the Build Illinois Fund during such month and (2) |
| 15 | | the
amount transferred to the Build Illinois Fund from the |
| 16 | | State and Local
Sales Tax Reform Fund shall have been less than |
| 17 | | 1/12 of the Annual
Specified Amount, an amount equal to the |
| 18 | | difference shall be immediately
paid into the Build Illinois |
| 19 | | Fund from other moneys received by the
Department pursuant to |
| 20 | | the Tax Acts; and, further provided, that in no
event shall the |
| 21 | | payments required under the preceding proviso result in
|
| 22 | | aggregate payments into the Build Illinois Fund pursuant to |
| 23 | | this clause (b)
for any fiscal year in excess of the greater of |
| 24 | | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for |
| 25 | | such fiscal year. The amounts payable
into the Build Illinois |
| 26 | | Fund under clause (b) of the first sentence in this
paragraph |
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| 1 | | shall be payable only until such time as the aggregate amount |
| 2 | | on
deposit under each trust indenture securing Bonds issued and |
| 3 | | outstanding
pursuant to the Build Illinois Bond Act is |
| 4 | | sufficient, taking into account
any future investment income, |
| 5 | | to fully provide, in accordance with such
indenture, for the |
| 6 | | defeasance of or the payment of the principal of,
premium, if |
| 7 | | any, and interest on the Bonds secured by such indenture and on
|
| 8 | | any Bonds expected to be issued thereafter and all fees and |
| 9 | | costs payable
with respect thereto, all as certified by the |
| 10 | | Director of the Bureau of the
Budget (now Governor's Office of |
| 11 | | Management and Budget). If on the last
business day of any |
| 12 | | month in which Bonds are
outstanding pursuant to the Build |
| 13 | | Illinois Bond Act, the aggregate of
moneys deposited in the |
| 14 | | Build Illinois Bond Account in the Build Illinois
Fund in such |
| 15 | | month shall be less than the amount required to be transferred
|
| 16 | | in such month from the Build Illinois Bond Account to the Build |
| 17 | | Illinois
Bond Retirement and Interest Fund pursuant to Section |
| 18 | | 13 of the Build
Illinois Bond Act, an amount equal to such |
| 19 | | deficiency shall be immediately
paid from other moneys received |
| 20 | | by the Department pursuant to the Tax Acts
to the Build |
| 21 | | Illinois Fund; provided, however, that any amounts paid to the
|
| 22 | | Build Illinois Fund in any fiscal year pursuant to this |
| 23 | | sentence shall be
deemed to constitute payments pursuant to |
| 24 | | clause (b) of the first sentence
of this paragraph and shall |
| 25 | | reduce the amount otherwise payable for such
fiscal year |
| 26 | | pursuant to that clause (b). The moneys received by the
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| 1 | | Department pursuant to this Act and required to be deposited |
| 2 | | into the Build
Illinois Fund are subject to the pledge, claim |
| 3 | | and charge set forth in
Section 12 of the Build Illinois Bond |
| 4 | | Act. |
| 5 | | Subject to payment of amounts into the Build Illinois Fund |
| 6 | | as provided in
the preceding paragraph or in any amendment |
| 7 | | thereto hereafter enacted, the
following specified monthly |
| 8 | | installment of the amount requested in the
certificate of the |
| 9 | | Chairman of the Metropolitan Pier and Exposition
Authority |
| 10 | | provided under Section 8.25f of the State Finance Act, but not |
| 11 | | in
excess of sums designated as "Total Deposit", shall be |
| 12 | | deposited in the
aggregate from collections under Section 9 of |
| 13 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section |
| 14 | | 9 of the Service Occupation Tax Act, and
Section 3 of the |
| 15 | | Retailers' Occupation Tax Act into the McCormick Place
|
| 16 | | Expansion Project Fund in the specified fiscal years. |
|
| 17 | | Fiscal Year | | Total Deposit | |
| 18 | | 1993 | | $0 | |
| 19 | | 1994 | | 53,000,000 | |
| 20 | | 1995 | | 58,000,000 | |
| 21 | | 1996 | | 61,000,000 | |
| 22 | | 1997 | | 64,000,000 | |
| 23 | | 1998 | | 68,000,000 | |
| 24 | | 1999 | | 71,000,000 | |
| 25 | | 2000 | | 75,000,000 | |
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| 1 | | 2001 | | 80,000,000 | |
| 2 | | 2002 | | 93,000,000 | |
| 3 | | 2003 | | 99,000,000 | |
| 4 | | 2004 | | 103,000,000 | |
| 5 | | 2005 | | 108,000,000 | |
| 6 | | 2006 | | 113,000,000 | |
| 7 | | 2007 | | 119,000,000 | |
| 8 | | 2008 | | 126,000,000 | |
| 9 | | 2009 | | 132,000,000 | |
| 10 | | 2010 | | 139,000,000 | |
| 11 | | 2011 | | 146,000,000 | |
| 12 | | 2012 | | 153,000,000 | |
| 13 | | 2013 | | 161,000,000 | |
| 14 | | 2014 | | 170,000,000 | |
| 15 | | 2015 | | 179,000,000 | |
| 16 | | 2016 | | 189,000,000 | |
| 17 | | 2017 | | 199,000,000 | |
| 18 | | 2018 | | 210,000,000 | |
| 19 | | 2019 | | 221,000,000 | |
| 20 | | 2020 | | 233,000,000 | |
| 21 | | 2021 | | 246,000,000 | |
| 22 | | 2022 | | 260,000,000 | |
| 23 | | 2023 | | 275,000,000 | |
| 24 | | 2024 | | 275,000,000 | |
| 25 | | 2025 | | 275,000,000 | |
| 26 | | 2026 | | 279,000,000 | |
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| 1 | | 2027 | | 292,000,000 | |
| 2 | | 2028 | | 307,000,000 | |
| 3 | | 2029 | | 322,000,000 | |
| 4 | | 2030 | | 338,000,000 | |
| 5 | | 2031 | | 350,000,000 | |
| 6 | | 2032 | | 350,000,000 | |
| 7 | | and | | |
|
| 8 | | each fiscal year | | |
|
| 9 | | thereafter that bonds | | |
|
| 10 | | are outstanding under | | |
|
| 11 | | Section 13.2 of the | | |
|
| 12 | | Metropolitan Pier and | | |
|
| 13 | | Exposition Authority Act, | | |
|
| 14 | | but not after fiscal year 2060. | | |
|
| 15 | | Beginning July 20, 1993 and in each month of each fiscal |
| 16 | | year thereafter,
one-eighth of the amount requested in the |
| 17 | | certificate of the Chairman of
the Metropolitan Pier and |
| 18 | | Exposition Authority for that fiscal year, less
the amount |
| 19 | | deposited into the McCormick Place Expansion Project Fund by |
| 20 | | the
State Treasurer in the respective month under subsection |
| 21 | | (g) of Section 13
of the Metropolitan Pier and Exposition |
| 22 | | Authority Act, plus cumulative
deficiencies in the deposits |
| 23 | | required under this Section for previous
months and years, |
| 24 | | shall be deposited into the McCormick Place Expansion
Project |
| 25 | | Fund, until the full amount requested for the fiscal year, but |
| 26 | | not
in excess of the amount specified above as "Total Deposit", |
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| 1 | | has been deposited. |
| 2 | | Subject to payment of amounts into the Build Illinois Fund |
| 3 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 4 | | preceding paragraphs
or in any amendments
thereto hereafter |
| 5 | | enacted, beginning July 1, 1993 and ending on September 30, |
| 6 | | 2013, the Department shall each
month pay into the Illinois Tax |
| 7 | | Increment Fund 0.27% of 80% of the net revenue
realized for the |
| 8 | | preceding month from the 6.25% general rate on the selling
|
| 9 | | price of tangible personal property. |
| 10 | | Subject to payment of amounts into the Build Illinois Fund |
| 11 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| 12 | | preceding paragraphs or in any
amendments thereto hereafter |
| 13 | | enacted, beginning with the receipt of the first
report of |
| 14 | | taxes paid by an eligible business and continuing for a 25-year
|
| 15 | | period, the Department shall each month pay into the Energy |
| 16 | | Infrastructure
Fund 80% of the net revenue realized from the |
| 17 | | 6.25% general rate on the
selling price of Illinois-mined coal |
| 18 | | that was sold to an eligible business.
For purposes of this |
| 19 | | paragraph, the term "eligible business" means a new
electric |
| 20 | | generating facility certified pursuant to Section 605-332 of |
| 21 | | the
Department of Commerce and Economic Opportunity
Law of the |
| 22 | | Civil Administrative Code of Illinois. |
| 23 | | Of the remainder of the moneys received by the Department |
| 24 | | pursuant to
this Act, 75% thereof shall be paid into the State |
| 25 | | Treasury and 25% shall
be reserved in a special account and |
| 26 | | used only for the transfer to the
Common School Fund as part of |
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| 1 | | the monthly transfer from the General Revenue
Fund in |
| 2 | | accordance with Section 8a of the State Finance Act. |
| 3 | | The Department may, upon separate written notice to a |
| 4 | | taxpayer,
require the taxpayer to prepare and file with the |
| 5 | | Department on a form
prescribed by the Department within not |
| 6 | | less than 60 days after receipt
of the notice an annual |
| 7 | | information return for the tax year specified in
the notice. |
| 8 | | Such annual return to the Department shall include a
statement |
| 9 | | of gross receipts as shown by the retailer's last Federal |
| 10 | | income
tax return. If the total receipts of the business as |
| 11 | | reported in the
Federal income tax return do not agree with the |
| 12 | | gross receipts reported to
the Department of Revenue for the |
| 13 | | same period, the retailer shall attach
to his annual return a |
| 14 | | schedule showing a reconciliation of the 2
amounts and the |
| 15 | | reasons for the difference. The retailer's annual
return to the |
| 16 | | Department shall also disclose the cost of goods sold by
the |
| 17 | | retailer during the year covered by such return, opening and |
| 18 | | closing
inventories of such goods for such year, costs of goods |
| 19 | | used from stock
or taken from stock and given away by the |
| 20 | | retailer during such year,
payroll information of the |
| 21 | | retailer's business during such year and any
additional |
| 22 | | reasonable information which the Department deems would be
|
| 23 | | helpful in determining the accuracy of the monthly, quarterly |
| 24 | | or annual
returns filed by such retailer as provided for in |
| 25 | | this Section. |
| 26 | | If the annual information return required by this Section |
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| 1 | | is not
filed when and as required, the taxpayer shall be liable |
| 2 | | as follows: |
| 3 | | (i) Until January 1, 1994, the taxpayer shall be liable
|
| 4 | | for a penalty equal to 1/6 of 1% of the tax due from such |
| 5 | | taxpayer under
this Act during the period to be covered by |
| 6 | | the annual return for each
month or fraction of a month |
| 7 | | until such return is filed as required, the
penalty to be |
| 8 | | assessed and collected in the same manner as any other
|
| 9 | | penalty provided for in this Act. |
| 10 | | (ii) On and after January 1, 1994, the taxpayer shall |
| 11 | | be
liable for a penalty as described in Section 3-4 of the |
| 12 | | Uniform Penalty and
Interest Act. |
| 13 | | The chief executive officer, proprietor, owner or highest |
| 14 | | ranking
manager shall sign the annual return to certify the |
| 15 | | accuracy of the
information contained therein. Any person who |
| 16 | | willfully signs the
annual return containing false or |
| 17 | | inaccurate information shall be guilty
of perjury and punished |
| 18 | | accordingly. The annual return form prescribed
by the |
| 19 | | Department shall include a warning that the person signing the
|
| 20 | | return may be liable for perjury. |
| 21 | | The provisions of this Section concerning the filing of an |
| 22 | | annual
information return do not apply to a retailer who is not |
| 23 | | required to
file an income tax return with the United States |
| 24 | | Government. |
| 25 | | As soon as possible after the first day of each month, upon |
| 26 | | certification
of the Department of Revenue, the Comptroller |
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| 1 | | shall order transferred and
the Treasurer shall transfer from |
| 2 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount |
| 3 | | equal to 1.7% of 80% of the net revenue realized
under this Act |
| 4 | | for the second preceding
month.
Beginning April 1, 2000, this |
| 5 | | transfer is no longer required
and shall not be made. |
| 6 | | Net revenue realized for a month shall be the revenue |
| 7 | | collected by the
State pursuant to this Act, less the amount |
| 8 | | paid out during that month as
refunds to taxpayers for |
| 9 | | overpayment of liability. |
| 10 | | For greater simplicity of administration, manufacturers, |
| 11 | | importers
and wholesalers whose products are sold at retail in |
| 12 | | Illinois by
numerous retailers, and who wish to do so, may |
| 13 | | assume the responsibility
for accounting and paying to the |
| 14 | | Department all tax accruing under this
Act with respect to such |
| 15 | | sales, if the retailers who are affected do not
make written |
| 16 | | objection to the Department to this arrangement. |
| 17 | | Any person who promotes, organizes, provides retail |
| 18 | | selling space for
concessionaires or other types of sellers at |
| 19 | | the Illinois State Fair, DuQuoin
State Fair, county fairs, |
| 20 | | local fairs, art shows, flea markets and similar
exhibitions or |
| 21 | | events, including any transient merchant as defined by Section |
| 22 | | 2
of the Transient Merchant Act of 1987, is required to file a |
| 23 | | report with the
Department providing the name of the merchant's |
| 24 | | business, the name of the
person or persons engaged in |
| 25 | | merchant's business, the permanent address and
Illinois |
| 26 | | Retailers Occupation Tax Registration Number of the merchant, |
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| 1 | | the
dates and location of the event and other reasonable |
| 2 | | information that the
Department may require. The report must be |
| 3 | | filed not later than the 20th day
of the month next following |
| 4 | | the month during which the event with retail sales
was held. |
| 5 | | Any person who fails to file a report required by this Section
|
| 6 | | commits a business offense and is subject to a fine not to |
| 7 | | exceed $250. |
| 8 | | Any person engaged in the business of selling tangible |
| 9 | | personal
property at retail as a concessionaire or other type |
| 10 | | of seller at the
Illinois State Fair, county fairs, art shows, |
| 11 | | flea markets and similar
exhibitions or events, or any |
| 12 | | transient merchants, as defined by Section 2
of the Transient |
| 13 | | Merchant Act of 1987, may be required to make a daily report
of |
| 14 | | the amount of such sales to the Department and to make a daily |
| 15 | | payment of
the full amount of tax due. The Department shall |
| 16 | | impose this
requirement when it finds that there is a |
| 17 | | significant risk of loss of
revenue to the State at such an |
| 18 | | exhibition or event. Such a finding
shall be based on evidence |
| 19 | | that a substantial number of concessionaires
or other sellers |
| 20 | | who are not residents of Illinois will be engaging in
the |
| 21 | | business of selling tangible personal property at retail at the
|
| 22 | | exhibition or event, or other evidence of a significant risk of |
| 23 | | loss of revenue
to the State. The Department shall notify |
| 24 | | concessionaires and other sellers
affected by the imposition of |
| 25 | | this requirement. In the absence of
notification by the |
| 26 | | Department, the concessionaires and other sellers
shall file |
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| 1 | | their returns as otherwise required in this Section. |
| 2 | | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, |
| 3 | | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; |
| 4 | | revised 9-9-13.)
|
| 5 | | Section 195. The Property Tax Code is amended by changing |
| 6 | | Sections 9-275 and 15-170 as follows:
|
| 7 | | (35 ILCS 200/9-275) |
| 8 | | Sec. 9-275. Erroneous homestead exemptions. |
| 9 | | (a) For purposes of this Section: |
| 10 | | "Erroneous homestead exemption" means a homestead |
| 11 | | exemption that was granted for real property in a taxable year |
| 12 | | if the property was not eligible for that exemption in that |
| 13 | | taxable year. If the taxpayer receives an erroneous homestead |
| 14 | | exemption under a single Section of this Code for the same |
| 15 | | property in multiple years, that exemption is considered a |
| 16 | | single erroneous homestead exemption for purposes of this |
| 17 | | Section. However, if the taxpayer receives erroneous homestead |
| 18 | | exemptions under multiple Sections of this Code for the same |
| 19 | | property, or if the taxpayer receives erroneous homestead |
| 20 | | exemptions under the same Section of this Code for multiple |
| 21 | | properties, then each of those exemptions is considered a |
| 22 | | separate erroneous homestead exemption for purposes of this |
| 23 | | Section. |
| 24 | | "Homestead exemption" means an exemption under Section |
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| 1 | | 15-165 (disabled veterans), 15-167 (returning veterans), |
| 2 | | 15-168 (disabled persons), 15-169 (disabled veterans standard |
| 3 | | homestead), 15-170 (senior citizens), 15-172 (senior citizens |
| 4 | | assessment freeze), 15-175 (general homestead), 15-176 |
| 5 | | (alternative general homestead), or 15-177 (long-time |
| 6 | | occupant). |
| 7 | | (b) Notwithstanding any other provision of law, in counties |
| 8 | | with 3,000,000 or more inhabitants, the chief county assessment |
| 9 | | officer shall include the following information with each |
| 10 | | assessment notice sent in a general assessment year: (1) a list |
| 11 | | of each homestead exemption available under Article 15 of this |
| 12 | | Code and a description of the eligibility criteria for that |
| 13 | | exemption; (2) a list of each homestead exemption applied to |
| 14 | | the property in the current assessment year; (3) information |
| 15 | | regarding penalties and interest that may be incurred under |
| 16 | | this Section if the property owner received an erroneous |
| 17 | | homestead exemption in a previous taxable year; and (4) notice |
| 18 | | of the 60-day grace period available under this subsection. If, |
| 19 | | within 60 days after receiving his or her assessment notice, |
| 20 | | the property owner notifies the chief county assessment officer |
| 21 | | that he or she received an erroneous homestead exemption in a |
| 22 | | previous assessment year, and if the property owner pays the |
| 23 | | principal amount of back taxes due and owing with respect to |
| 24 | | that exemption, plus interest as provided in subsection (f), |
| 25 | | then the property owner shall not be liable for the penalties |
| 26 | | provided in subsection (f) with respect to that exemption. |
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| 1 | | (c) The chief county assessment officer in a county with |
| 2 | | 3,000,000 or more inhabitants may cause a lien to be recorded |
| 3 | | against property that (1) is located in the county and (2) |
| 4 | | received one or more erroneous homestead exemptions if, upon |
| 5 | | determination of the chief county assessment officer, the |
| 6 | | property owner received: (A) one or 2 erroneous homestead |
| 7 | | exemptions for real property, including at least one erroneous |
| 8 | | homestead exemption granted for the property against which the |
| 9 | | lien is sought, during any of the 3 assessment years |
| 10 | | immediately prior to the assessment year in which the notice of |
| 11 | | intent to record at tax lien is served; or (B) (2) 3 or more |
| 12 | | erroneous homestead exemptions for real property, including at |
| 13 | | least one erroneous homestead exemption granted for the |
| 14 | | property against which the lien is sought, during any of the 6 |
| 15 | | assessment years immediately prior to the assessment year in |
| 16 | | which the notice of intent to record at tax lien is served. |
| 17 | | Prior to recording the lien against the property, the chief |
| 18 | | county assessment officer shall cause to be served, by both |
| 19 | | regular mail and certified mail, return receipt requested, on |
| 20 | | the person to whom the most recent tax bill was mailed and the |
| 21 | | owner of record, a notice of intent to record a tax lien |
| 22 | | against the property. |
| 23 | | (d) The notice of intent to record a tax lien described in |
| 24 | | subsection (c) shall: (1) identify, by property index number, |
| 25 | | the property against which the lien is being sought; (2) |
| 26 | | identify each specific homestead exemption that was |
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| 1 | | erroneously granted and the year or years in which each |
| 2 | | exemption was granted; (3) set forth the arrearage of taxes |
| 3 | | that would have been due if not for the erroneous homestead |
| 4 | | exemptions; (4) inform the property owner that he or she may |
| 5 | | request a hearing within 30 days after service and may appeal |
| 6 | | the hearing officer's ruling to the circuit court; and (5) |
| 7 | | inform the property owner that he or she may pay the amount |
| 8 | | due, plus interest and penalties, within 30 days after service. |
| 9 | | (e) The notice must also include a form that the property |
| 10 | | owner may return to the chief county assessment officer to |
| 11 | | request a hearing. The property owner may request a hearing by |
| 12 | | returning the form within 30 days after service. The hearing |
| 13 | | shall be held within 90 days after the property owner is |
| 14 | | served. The chief county assessment officer shall promulgate |
| 15 | | rules of service and procedure for the hearing. The chief |
| 16 | | county assessment officer must generally follow rules of |
| 17 | | evidence and practices that prevail in the county circuit |
| 18 | | courts, but, because of the nature of these proceedings, the |
| 19 | | chief county assessment officer is not bound by those rules in |
| 20 | | all particulars. The chief county assessment officer shall |
| 21 | | appoint a hearing officer to oversee the hearing. The property |
| 22 | | owner shall be allowed to present evidence to the hearing |
| 23 | | officer at the hearing. After taking into consideration all the |
| 24 | | relevant testimony and evidence, the hearing officer shall make |
| 25 | | an administrative decision on whether the property owner was |
| 26 | | erroneously granted a homestead exemption for the assessment |
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| 1 | | year in question. The property owner may appeal the hearing |
| 2 | | officer's ruling to the circuit court of the county where the |
| 3 | | property is located as a final administrative decision under |
| 4 | | the Administrative Review Law. |
| 5 | | (f) A lien against the property imposed under this Section |
| 6 | | shall be filed with the county recorder of deeds, but may not |
| 7 | | be filed sooner than 60 days after the notice was delivered to |
| 8 | | the property owner if the property owner does not request a |
| 9 | | hearing, or until the conclusion of the hearing and all appeals |
| 10 | | if the property owner does request a hearing. If a lien is |
| 11 | | filed pursuant to this Section and the property owner received |
| 12 | | one or 2 erroneous homestead exemptions during any of the 3 |
| 13 | | assessment years immediately prior to the assessment year in |
| 14 | | which the notice of intent to record at tax lien is served, |
| 15 | | then the arrearages of taxes that might have been assessed for |
| 16 | | that property, plus 10% interest per annum, shall be charged |
| 17 | | against the property by the county treasurer. However, if a |
| 18 | | lien is filed pursuant to this Section and the property owner |
| 19 | | received 3 or more erroneous homestead exemptions during any of |
| 20 | | the 6 assessment years immediately prior to the assessment year |
| 21 | | in which the notice of intent to record at tax lien is served, |
| 22 | | the arrearages of taxes that might have been assessed for that |
| 23 | | property, plus a penalty of 50% of the total amount of unpaid |
| 24 | | taxes for each year for that property and 10% interest per |
| 25 | | annum, shall be charged against the property by the county |
| 26 | | treasurer. |
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| 1 | | (g) If a person received an erroneous homestead exemption |
| 2 | | under Section 15-170 and: (1) the person was the spouse, child, |
| 3 | | grandchild, brother, sister, niece, or nephew of the previous |
| 4 | | owner; and (2) the person received the property by bequest or |
| 5 | | inheritance; then the person is not liable for the penalties |
| 6 | | imposed under this subsection for any year or years during |
| 7 | | which the county did not require an annual application for the |
| 8 | | exemption. However, that person is responsible for any interest |
| 9 | | owed under subsection (f). |
| 10 | | (h) If the erroneous homestead exemption was granted as a |
| 11 | | result of a clerical error or omission on the part of the chief |
| 12 | | county assessment officer, and if the owner has paid its tax |
| 13 | | bills as received for the year in which the error occurred, |
| 14 | | then the interest and penalties authorized by this Section with |
| 15 | | respect to that homestead exemption shall not be chargeable to |
| 16 | | the owner. However, nothing in this Section shall prevent the |
| 17 | | collection of the principal amount of back taxes due and owing. |
| 18 | | (i) A lien under this Section is not valid as to (1) any |
| 19 | | bona fide purchaser for value without notice of the erroneous |
| 20 | | homestead exemption whose rights in and to the underlying |
| 21 | | parcel arose after the erroneous homestead exemption was |
| 22 | | granted but before the filing of the notice of lien; or (2) any |
| 23 | | mortgagee, judgment creditor, or other lienor whose rights in |
| 24 | | and to the underlying parcel arose before the filing of the |
| 25 | | notice of lien. A title insurance policy for the property that |
| 26 | | is issued by a title company licensed to do business in the |
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| 1 | | State showing that the property is free and clear of any liens |
| 2 | | imposed under this Section shall be prima facie evidence that |
| 3 | | the property owner is without notice of the erroneous homestead |
| 4 | | exemption. Nothing in this Section shall be deemed to impair |
| 5 | | the rights of subsequent creditors and subsequent purchasers |
| 6 | | under Section 30 of the Conveyances Act. |
| 7 | | (j) When a lien is filed against the property pursuant to |
| 8 | | this Section, the chief county assessment officer shall mail a |
| 9 | | copy of the lien to the person to whom the most recent tax bill |
| 10 | | was mailed and to the owner of record, and the outstanding |
| 11 | | liability created by such a lien is due and payable within 30 |
| 12 | | days after the mailing of the lien by the chief county |
| 13 | | assessment officer. Payment shall be made to the chief county |
| 14 | | assessment officer who shall, upon receipt of the full amount |
| 15 | | due, provide in reasonable form a release of the lien and shall |
| 16 | | transmit the funds received to the county treasurer for |
| 17 | | distribution as provided in subsection (i) of this Section. |
| 18 | | This liability is deemed delinquent and shall bear interest |
| 19 | | beginning on the day after the due date. |
| 20 | | (k) The unpaid taxes shall be paid to the appropriate |
| 21 | | taxing districts. Interest shall be paid to the county where |
| 22 | | the property is located. The penalty shall be paid to the chief |
| 23 | | county assessment officer's office for the administration of |
| 24 | | the provisions of this amendatory Act of the 98th General |
| 25 | | Assembly. |
| 26 | | (l) The chief county assessment officer in a county with |
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| 1 | | 3,000,000 or more inhabitants shall establish an amnesty period |
| 2 | | for all taxpayers owing any tax due to an erroneous homestead |
| 3 | | exemption granted in a tax year prior to the 2013 tax year. The |
| 4 | | amnesty period shall begin on the effective date of this |
| 5 | | amendatory Act of the 98th General Assembly and shall run |
| 6 | | through December 31, 2013. If, during the amnesty period, the |
| 7 | | taxpayer pays the entire arrearage of taxes due for tax years |
| 8 | | prior to 2013, the county clerk shall abate and not seek to |
| 9 | | collect any interest or penalties that may be applicable and |
| 10 | | shall not seek civil or criminal prosecution for any taxpayer |
| 11 | | for tax years prior to 2013. Failure to pay all such taxes due |
| 12 | | during the amnesty period established under this Section shall |
| 13 | | invalidate the amnesty period for that taxpayer. |
| 14 | | The chief county assessment officer in a county with |
| 15 | | 3,000,000 or more inhabitants shall (i) mail notice of the |
| 16 | | amnesty period with the tax bills for the second installment of |
| 17 | | taxes for the 2012 assessment year and (ii) as soon as possible |
| 18 | | after the effective date of this amendatory Act of the 98th |
| 19 | | General Assembly, publish notice of the amnesty period in a |
| 20 | | newspaper of general circulation in the county. Notices shall |
| 21 | | include information on the amnesty period, its purpose, and the |
| 22 | | method in which to make payment. |
| 23 | | Taxpayers who are a party to any criminal investigation or |
| 24 | | to any civil or criminal litigation that is pending in any |
| 25 | | circuit court or appellate court, or in the Supreme Court of |
| 26 | | this State, for nonpayment, delinquency, or fraud in relation |
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| 1 | | to any property tax imposed by any taxing district located in |
| 2 | | the State on the effective date of this amendatory Act of the |
| 3 | | 98th General Assembly may not take advantage of the amnesty |
| 4 | | period. |
| 5 | | A taxpayer who has claimed 3 or more homestead exemptions |
| 6 | | in error shall not be eligible for the amnesty period |
| 7 | | established under this subsection.
|
| 8 | | (Source: P.A. 98-93, eff. 7-16-13; revised 9-11-13.)
|
| 9 | | (35 ILCS 200/15-170) |
| 10 | | Sec. 15-170. Senior Citizens Homestead Exemption. An |
| 11 | | annual homestead
exemption limited, except as described here |
| 12 | | with relation to cooperatives or
life care facilities, to a
|
| 13 | | maximum reduction set forth below from the property's value, as |
| 14 | | equalized or
assessed by the Department, is granted for |
| 15 | | property that is occupied as a
residence by a person 65 years |
| 16 | | of age or older who is liable for paying real
estate taxes on |
| 17 | | the property and is an owner of record of the property or has a
|
| 18 | | legal or equitable interest therein as evidenced by a written |
| 19 | | instrument,
except for a leasehold interest, other than a |
| 20 | | leasehold interest of land on
which a single family residence |
| 21 | | is located, which is occupied as a residence by
a person 65 |
| 22 | | years or older who has an ownership interest therein, legal,
|
| 23 | | equitable or as a lessee, and on which he or she is liable for |
| 24 | | the payment
of property taxes. Before taxable year 2004, the |
| 25 | | maximum reduction shall be $2,500 in counties with
3,000,000 or |
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| 1 | | more inhabitants and $2,000 in all other counties. For taxable |
| 2 | | years 2004 through 2005, the maximum reduction shall be $3,000 |
| 3 | | in all counties. For taxable years 2006 and 2007, the maximum |
| 4 | | reduction shall be $3,500. For taxable years 2008 through 2011, |
| 5 | | the maximum reduction is $4,000 in all counties.
For taxable |
| 6 | | year 2012, the maximum reduction is $5,000 in counties with
|
| 7 | | 3,000,000 or more inhabitants and $4,000 in all other counties. |
| 8 | | For taxable years 2013 and thereafter, the maximum reduction is |
| 9 | | $5,000 in all counties. |
| 10 | | For land
improved with an apartment building owned and |
| 11 | | operated as a cooperative, the maximum reduction from the value |
| 12 | | of the property, as
equalized
by the Department, shall be |
| 13 | | multiplied by the number of apartments or units
occupied by a |
| 14 | | person 65 years of age or older who is liable, by contract with
|
| 15 | | the owner or owners of record, for paying property taxes on the |
| 16 | | property and
is an owner of record of a legal or equitable |
| 17 | | interest in the cooperative
apartment building, other than a |
| 18 | | leasehold interest. For land improved with
a life care |
| 19 | | facility, the maximum reduction from the value of the property, |
| 20 | | as
equalized by the Department, shall be multiplied by the |
| 21 | | number of apartments or
units occupied by persons 65 years of |
| 22 | | age or older, irrespective of any legal,
equitable, or |
| 23 | | leasehold interest in the facility, who are liable, under a
|
| 24 | | contract with the owner or owners of record of the facility, |
| 25 | | for paying
property taxes on the property. In a
cooperative or |
| 26 | | a life care facility where a
homestead exemption has been |
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| 1 | | granted, the cooperative association or the
management firm of |
| 2 | | the cooperative or facility shall credit the savings
resulting |
| 3 | | from that exemption only to
the apportioned tax liability of |
| 4 | | the owner or resident who qualified for
the exemption.
Any |
| 5 | | person who willfully refuses to so credit the savings shall be |
| 6 | | guilty of a
Class B misdemeanor. Under this Section and |
| 7 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means |
| 8 | | a facility, as defined in Section 2 of the Life Care Facilities
|
| 9 | | Act, with which the applicant for the homestead exemption has a |
| 10 | | life care
contract as defined in that Act. |
| 11 | | When a homestead exemption has been granted under this |
| 12 | | Section and the person
qualifying subsequently becomes a |
| 13 | | resident of a facility licensed under the Assisted Living and |
| 14 | | Shared Housing Act, the Nursing Home Care Act, the Specialized |
| 15 | | Mental Health Rehabilitation Act of 2013, or the ID/DD |
| 16 | | Community Care Act, the exemption shall continue so long as the |
| 17 | | residence
continues to be occupied by the qualifying person's |
| 18 | | spouse if the spouse is 65
years of age or older, or if the |
| 19 | | residence remains unoccupied but is still
owned by the person |
| 20 | | qualified for the homestead exemption. |
| 21 | | A person who will be 65 years of age
during the current |
| 22 | | assessment year
shall
be eligible to apply for the homestead |
| 23 | | exemption during that assessment
year.
Application shall be |
| 24 | | made during the application period in effect for the
county of |
| 25 | | his residence. |
| 26 | | Beginning with assessment year 2003, for taxes payable in |
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| 1 | | 2004,
property
that is first occupied as a residence after |
| 2 | | January 1 of any assessment year by
a person who is eligible |
| 3 | | for the senior citizens homestead exemption under this
Section |
| 4 | | must be granted a pro-rata exemption for the assessment year. |
| 5 | | The
amount of the pro-rata exemption is the exemption
allowed |
| 6 | | in the county under this Section divided by 365 and multiplied |
| 7 | | by the
number of days during the assessment year the property |
| 8 | | is occupied as a
residence by a
person eligible for the |
| 9 | | exemption under this Section. The chief county
assessment |
| 10 | | officer must adopt reasonable procedures to establish |
| 11 | | eligibility
for this pro-rata exemption. |
| 12 | | The assessor or chief county assessment officer may |
| 13 | | determine the eligibility
of a life care facility to receive |
| 14 | | the benefits provided by this Section, by
affidavit, |
| 15 | | application, visual inspection, questionnaire or other |
| 16 | | reasonable
methods in order to insure that the tax savings |
| 17 | | resulting from the exemption
are credited by the management |
| 18 | | firm to the apportioned tax liability of each
qualifying |
| 19 | | resident. The assessor may request reasonable proof that the
|
| 20 | | management firm has so credited the exemption. |
| 21 | | The chief county assessment officer of each county with |
| 22 | | less than 3,000,000
inhabitants shall provide to each person |
| 23 | | allowed a homestead exemption under
this Section a form to |
| 24 | | designate any other person to receive a
duplicate of any notice |
| 25 | | of delinquency in the payment of taxes assessed and
levied |
| 26 | | under this Code on the property of the person receiving the |
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| 1 | | exemption.
The duplicate notice shall be in addition to the |
| 2 | | notice required to be
provided to the person receiving the |
| 3 | | exemption, and shall be given in the
manner required by this |
| 4 | | Code. The person filing the request for the duplicate
notice |
| 5 | | shall pay a fee of $5 to cover administrative costs to the |
| 6 | | supervisor of
assessments, who shall then file the executed |
| 7 | | designation with the county
collector. Notwithstanding any |
| 8 | | other provision of this Code to the contrary,
the filing of |
| 9 | | such an executed designation requires the county collector to
|
| 10 | | provide duplicate notices as indicated by the designation. A |
| 11 | | designation may
be rescinded by the person who executed such |
| 12 | | designation at any time, in the
manner and form required by the |
| 13 | | chief county assessment officer. |
| 14 | | The assessor or chief county assessment officer may |
| 15 | | determine the
eligibility of residential property to receive |
| 16 | | the homestead exemption provided
by this Section by |
| 17 | | application, visual inspection, questionnaire or other
|
| 18 | | reasonable methods. The determination shall be made in |
| 19 | | accordance with
guidelines established by the Department. |
| 20 | | In counties with 3,000,000 or more inhabitants, beginning |
| 21 | | in taxable year 2010, each taxpayer who has been granted an |
| 22 | | exemption under this Section must reapply on an annual basis. |
| 23 | | The chief county assessment officer shall mail the application |
| 24 | | to the taxpayer. In counties with less than 3,000,000 |
| 25 | | inhabitants, the county board may by
resolution provide that if |
| 26 | | a person has been granted a homestead exemption
under this |
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| 1 | | Section, the person qualifying need not reapply for the |
| 2 | | exemption. |
| 3 | | In counties with less than 3,000,000 inhabitants, if the |
| 4 | | assessor or chief
county assessment officer requires annual |
| 5 | | application for verification of
eligibility for an exemption |
| 6 | | once granted under this Section, the application
shall be |
| 7 | | mailed to the taxpayer. |
| 8 | | The assessor or chief county assessment officer shall |
| 9 | | notify each person
who qualifies for an exemption under this |
| 10 | | Section that the person may also
qualify for deferral of real |
| 11 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral |
| 12 | | Act. The notice shall set forth the qualifications needed for
|
| 13 | | deferral of real estate taxes, the address and telephone number |
| 14 | | of
county collector, and a
statement that applications for |
| 15 | | deferral of real estate taxes may be obtained
from the county |
| 16 | | collector. |
| 17 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
| 18 | | no
reimbursement by the State is required for the |
| 19 | | implementation of any mandate
created by this Section. |
| 20 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 21 | | eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; revised |
| 22 | | 8-12-13.)
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| 23 | | Section 200. The Illinois Hydraulic Fracturing Tax Act is |
| 24 | | amended by changing Sections 2-15, 2-45, and 2-50 as follows:
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| 1 | | (35 ILCS 450/2-15)
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| 2 | | Sec. 2-15. Tax imposed. |
| 3 | | (a) For oil and gas removed on or after July 1, 2013, there |
| 4 | | is hereby imposed a tax upon the severance and production of |
| 5 | | oil or gas from a well on a production unit in this State |
| 6 | | permitted, or required to be permitted, under the Illinois |
| 7 | | Hydraulic Fracturing Regulatory Act, for sale, transport, |
| 8 | | storage, profit, or commercial use. The tax shall be applied |
| 9 | | equally to all portions of the value of each barrel of oil |
| 10 | | severed and subject to such tax and to the value of the gas |
| 11 | | severed and subject to such tax. For a period of 24 months from |
| 12 | | the month in which oil or gas was first produced from the well, |
| 13 | | the rate of tax shall be 3% of the value of the oil or gas |
| 14 | | severed from the earth or water in this State. Thereafter, the |
| 15 | | rate of the tax shall be as follows: |
| 16 | | (1) For oil: |
| 17 | | (A) where the average daily production from the |
| 18 | | well during the month is less than 25 barrels, 3% of |
| 19 | | the value of the oil severed from the earth or water; |
| 20 | | (B) where the average daily production from the |
| 21 | | well during the month is 25 or more barrels but less |
| 22 | | than 50 barrels, 4% of the value of the oil severed |
| 23 | | from the earth or water; |
| 24 | | (C) where the average daily production from the |
| 25 | | well during the month is 50 or more barrels but less |
| 26 | | than 100 barrels, 5% of the value of the oil severed |
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| 1 | | from the earth or water; or |
| 2 | | (D) where the average daily production from the |
| 3 | | well during the month is 100 or more barrels, 6% of the |
| 4 | | value of the oil severed from the earth or water. |
| 5 | | (2) For gas, 6% of the value of the gas severed from |
| 6 | | the earth or water. |
| 7 | | If a well is required to be permitted under the Illinois |
| 8 | | Hydraulic Fracturing Regulatory Act, the tax imposed by this |
| 9 | | Section applies, whether or not a permit was obtained. |
| 10 | | (b) Oil produced from a well whose average daily production |
| 11 | | is 15 barrels or less for the 12-month period immediately |
| 12 | | preceding the production is exempt from the tax imposed by this |
| 13 | | Act.
|
| 14 | | (c) For the purposes of the tax imposed by this Act the |
| 15 | | amount of oil produced shall be measured or determined, in the |
| 16 | | case of oil, by tank tables, without deduction for overage or |
| 17 | | losses in handling. Allowance for any reasonable and bona fide |
| 18 | | deduction for basic sediment and water, and for correction of |
| 19 | | temperature to 60 degrees Fahrenheit will be allowed. For the |
| 20 | | purposes of the tax imposed by this Act the amount of gas |
| 21 | | produced shall be measured or determined, by meter readings |
| 22 | | showing 100% of the full volume expressed in cubic feet at a |
| 23 | | standard base and flowing temperature of 60 degrees Fahrenheit, |
| 24 | | and at the absolute pressure at which the gas is sold and |
| 25 | | purchased. Correction shall be made for pressure according to |
| 26 | | Boyle's law, and used for specific gravity according to the |
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| 1 | | gravity at which the gas is sold and purchased. |
| 2 | | (d) The following severance and production of gas shall be |
| 3 | | exempt from the tax imposed by this Act: gas injected into the |
| 4 | | earth for the purpose of lifting oil, recycling, or |
| 5 | | repressuring; gas used for fuel in connection with the |
| 6 | | operation and development for, or production of, oil or gas in |
| 7 | | the production unit where severed; and gas lawfully vented or |
| 8 | | flared; gas inadvertently lost on the production unit by reason |
| 9 | | of leaks, blowouts, or other accidental losses. |
| 10 | | (e) All oil and gas removed from the premises where severed |
| 11 | | is subject to the tax imposed by this Act unless exempt under |
| 12 | | the terms of this Act.
|
| 13 | | (f) The liability for the tax accrues at the time the oil |
| 14 | | or gas is removed from the production unit.
|
| 15 | | (Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
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| 16 | | (35 ILCS 450/2-45)
|
| 17 | | Sec. 2-45. Purchaser's return and tax remittance. Each |
| 18 | | purchaser shall make a return to the Department showing the |
| 19 | | quantity of oil or gas purchased during the month for which the |
| 20 | | return is filed, the price paid therefor therefore, total |
| 21 | | value, the name and address of the operator or other person |
| 22 | | from whom the same was purchased, a description of the |
| 23 | | production unit in the manner prescribed by the Department from |
| 24 | | which such oil or gas was severed and the amount of tax due |
| 25 | | from each production unit for each calendar month. All taxes |
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| 1 | | due, or to be remitted, by the purchaser shall accompany this |
| 2 | | return. The return shall be filed on or before the last day of |
| 3 | | the month after the calendar month for which the return is |
| 4 | | required. The Department shall forward the necessary |
| 5 | | information to each Chief County Assessment Officer for the |
| 6 | | administration and application of ad valorem real property |
| 7 | | taxes at the county level. This information shall be forwarded |
| 8 | | to the Chief County Assessment Officers in a yearly summary |
| 9 | | before March 1 of the following calendar year. The Department |
| 10 | | may require any additional report or information it may deem |
| 11 | | necessary for the proper administration of this Act. |
| 12 | | Such returns shall be filed electronically in the manner |
| 13 | | prescribed by the Department. Purchasers shall make all |
| 14 | | payments of that tax to the Department by electronic funds |
| 15 | | transfer unless, as provided by rule, the Department grants an |
| 16 | | exception upon petition of a purchaser. Purchasers' returns |
| 17 | | must be accompanied by appropriate computer generated magnetic |
| 18 | | media supporting schedule data in the format required by the |
| 19 | | Department, unless, as provided by rule, the Department grants |
| 20 | | an exception upon petition of a purchaser.
|
| 21 | | (Source: P.A. 98-22, eff. 6-17-13; 98-23, eff. 6-17-13; revised |
| 22 | | 10-7-13.)
|
| 23 | | (35 ILCS 450/2-50)
|
| 24 | | Sec. 2-50. Operator returns; payment of tax. |
| 25 | | (a) If, on or after July 1, 2013, oil or gas is transported |
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| 1 | | off the production unit where severed by the operator, used on |
| 2 | | the production unit where severed, or if the manufacture and |
| 3 | | conversion of oil and gas into refined products occurs on the |
| 4 | | production unit where severed, the operator is responsible for |
| 5 | | remitting the tax imposed under subsection subsections (a) of |
| 6 | | Section 2-15 15, on or before the last day of the month |
| 7 | | following the end of the calendar month in which the oil and |
| 8 | | gas is removed from the production unit, and such payment shall |
| 9 | | be accompanied by a return to the Department showing the gross |
| 10 | | quantity of oil or gas removed during the month for which the |
| 11 | | return is filed, the price paid therefor therefore, and if no |
| 12 | | price is paid therefor therefore, the value of the oil and gas, |
| 13 | | a description of the production unit from which such oil or gas |
| 14 | | was severed, and the amount of tax. The Department may require |
| 15 | | any additional information it may deem necessary for the proper |
| 16 | | administration of this Act. |
| 17 | | (b) Operators shall file all returns electronically in the |
| 18 | | manner prescribed by the Department unless, as provided by |
| 19 | | rule, the Department grants an exception upon petition of an |
| 20 | | operator. Operators shall make all payments of that tax to the |
| 21 | | Department by electronic funds transfer unless, as provided by |
| 22 | | rule, the Department grants an exception upon petition of an |
| 23 | | operator. Operators' returns must be accompanied by |
| 24 | | appropriate computer generated magnetic media supporting |
| 25 | | schedule data in the format required by the Department, unless, |
| 26 | | as provided by rule, the Department grants an exception upon |
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| 1 | | petition of a purchaser. |
| 2 | | (c) Any operator who makes a monetary payment to a producer |
| 3 | | for his or her portion of the value of products from a |
| 4 | | production unit shall withhold from such payment the amount of |
| 5 | | tax due from the producer. Any operator who pays any tax due |
| 6 | | from a producer shall be entitled to reimbursement from the |
| 7 | | producer for the tax so paid and may take credit for such |
| 8 | | amount from any monetary payment to the producer for the value |
| 9 | | of products. To the extent that an operator required to collect |
| 10 | | the tax imposed by this Act has actually collected that tax, |
| 11 | | such tax is held in trust for the benefit of the State of |
| 12 | | Illinois. |
| 13 | | (d) In the event the operator fails to make payment of the |
| 14 | | tax to the State as required herein, the operator shall be |
| 15 | | liable for the tax. A producer shall be entitled to bring an |
| 16 | | action against such operator to recover the amount of tax so |
| 17 | | withheld together with penalties and interest which may have |
| 18 | | accrued by failure to make such payment. A producer shall be |
| 19 | | entitled to all attorney fees and court costs incurred in such |
| 20 | | action. To the extent that a producer liable for the tax |
| 21 | | imposed by this Act collects the tax, and any penalties and |
| 22 | | interest, from an operator, such tax, penalties, and interest |
| 23 | | are held in trust by the producer for the benefit of the State |
| 24 | | of Illinois. |
| 25 | | (e) When the title to any oil or gas severed from the earth |
| 26 | | or water is in dispute and the operator of such oil or gas is |
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| 1 | | withholding payments on account of litigation, or for any other |
| 2 | | reason, such operator is hereby authorized, empowered and |
| 3 | | required to deduct from the gross amount thus held the amount |
| 4 | | of the tax imposed and to make remittance thereof to the |
| 5 | | Department as provided in this Section. |
| 6 | | (f) An operator required to file a return and pay the tax |
| 7 | | under this Section shall register with the Department. |
| 8 | | Application for a certificate of registration shall be made to |
| 9 | | the Department upon forms furnished by the Department and shall |
| 10 | | contain any reasonable information the Department may require. |
| 11 | | Upon receipt of the application for a certificate of |
| 12 | | registration in proper form, the Department shall issue to the |
| 13 | | applicant a certificate of registration. |
| 14 | | (g) If oil or gas is transported off the production unit |
| 15 | | where severed by the operator and sold to a purchaser or |
| 16 | | refiner, the State shall have a lien on all the oil or gas |
| 17 | | severed from the production unit in this State in the hands of |
| 18 | | the operator, the first or any subsequent purchaser thereof, or |
| 19 | | refiner to secure the payment of the tax. If a lien is filed by |
| 20 | | the Department, the purchaser or refiner shall withhold from |
| 21 | | the operator the amount of tax, penalty and interest identified |
| 22 | | in the lien.
|
| 23 | | (Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
|
| 24 | | Section 205. The Motor Fuel Tax Law is amended by changing |
| 25 | | Sections 1 and 1.13A as follows:
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| 1 | | (35 ILCS 505/1) (from Ch. 120, par. 417)
|
| 2 | | Sec. 1.
For the purposes of this Act the terms set out in |
| 3 | | the Sections following this Section and preceding Section 2 |
| 4 | | Sections 1.1
through 1.21 have the meanings ascribed to them in |
| 5 | | those Sections.
|
| 6 | | (Source: P.A. 86-16; 86-1028; revised 10-7-13.)
|
| 7 | | (35 ILCS 505/1.13A) (from Ch. 120, par. 417.13A)
|
| 8 | | Sec. 1.13A.
"1-K Kerosene" means a special low-sulfur grade |
| 9 | | kerosene
suitable for use in non-flue connected kerosene burner |
| 10 | | appliances, and in
wick-fed illuminate lamps which has a |
| 11 | | maximum limit of .04% sulfur mass, and
a freezing point of -22 |
| 12 | | degrees Fahrenheit, and has a minimum saybolt color of +16.
For |
| 13 | | purposes of this Law, 1-K Kerosene includes 1-K Kerosene that |
| 14 | | has been
dyed in accordance with Section 4d of this Law.
|
| 15 | | (Source: P.A. 91-173, eff. 1-1-00; revised 11-12-13.)
|
| 16 | | Section 210. The Water Company Invested Capital Tax Act is |
| 17 | | amended by changing Section 14 as follows:
|
| 18 | | (35 ILCS 625/14) (from Ch. 120, par. 1424)
|
| 19 | | Sec. 14.
The Illinois Administrative Procedure Act, as now |
| 20 | | or hereafter
amended, is hereby expressly adopted and shall |
| 21 | | apply to all administrative
rules and procedures of the |
| 22 | | Department of Revenue under this Act, except that
(1) paragraph |
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| 1 | | (b) of Section 5-10 of the that Act does not apply to final
|
| 2 | | orders, decisions and opinions of the Department; (2) |
| 3 | | subparagraph 2 of
paragraph (a) of Section 5-10 of that Act |
| 4 | | does not apply to forms established
by the Department for use |
| 5 | | under this Act; and (3) the provisions of Section
10-45 of that |
| 6 | | Act regarding proposals for decision are excluded and not
|
| 7 | | applicable to the Department under this Act to the extent |
| 8 | | Section 10-45 applies to hearings not otherwise subject to the |
| 9 | | Illinois Independent Tax Tribunal Act of 2012.
|
| 10 | | (Source: P.A. 97-1129, eff. 8-28-12; revised 10-17-13.)
|
| 11 | | Section 215. The Electricity Infrastructure Maintenance |
| 12 | | Fee Law is amended by changing Section 5-6 as follows:
|
| 13 | | (35 ILCS 645/5-6)
|
| 14 | | Sec. 5-6. Validity of existing franchise fees and |
| 15 | | agreement; police
powers. |
| 16 | | (a) On and after the effective date of this Law, no |
| 17 | | electricity deliverer
paying an
infrastructure maintenance fee |
| 18 | | imposed under this Law may be denied the right
to use, directly |
| 19 | | or
indirectly, public rights of way because of the failure to |
| 20 | | pay any other fee or
charge for the right to use those rights |
| 21 | | of way except to the extent that the
electricity deliverer |
| 22 | | during the Initial Period fails under any existing
franchise |
| 23 | | agreement to pay franchise fees which are based on the gross |
| 24 | | receipts
or gross revenues attributable
to non-residential |
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| 1 | | customers or to provide free electrical service or other
|
| 2 | | compensation attributable to non-residential customers. A |
| 3 | | municipality that
imposes an infrastructure
maintenance fee |
| 4 | | pursuant to Section 5-5 shall impose no other fees or charges
|
| 5 | | upon electricity
deliverers for such use except as provided by
|
| 6 | | subsections (b) or (c) of this Section.
|
| 7 | | (b) Agreements between electricity deliverers and |
| 8 | | municipalities regarding
use of the
public way shall remain |
| 9 | | valid according to and for their stated terms.
However, a |
| 10 | | municipality
that, pursuant to a franchise agreement in |
| 11 | | existence on the effective date of
this Law, receives any
|
| 12 | | franchise fees, permit fees, free electrical service or other |
| 13 | | compensation for
use of the public
rights of way, may impose an |
| 14 | | infrastructure maintenance fee pursuant to this
Law only if the
|
| 15 | | municipality: (1) waives its right to receive all compensation |
| 16 | | from the
electricity deliverer for use of the public rights of |
| 17 | | way during the time the
infrastructure maintenance fee is |
| 18 | | imposed, except as provided in subsection
(c), and except that |
| 19 | | during
the Initial Period any municipality may continue to |
| 20 | | receive franchise fees,
free
electrical service or other |
| 21 | | compensation from the electricity deliverer which
are equal in |
| 22 | | value to the Initial Period Compensation;
and (2) provides |
| 23 | | written notice of this waiver to
the appropriate
electricity |
| 24 | | deliverer at the time that the municipality provides notice of |
| 25 | | the
imposition of the
infrastructure maintenance fee under |
| 26 | | subsection (d) of Section 5-5.
For purposes of this Section, |
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| 1 | | "Initial Period Compensation" shall mean the
total amount of |
| 2 | | compensation due under the existing franchise agreement during
|
| 3 | | the Initial Period less the amount of the infrastructure |
| 4 | | maintenance fee
imposed under this Section during
the Initial |
| 5 | | Period.
|
| 6 | | (c) Nothing in this Law prohibits a municipality from the |
| 7 | | reasonable
exercise of its police
powers over the public rights |
| 8 | | of way. In addition, a municipality may require
an electricity
|
| 9 | | deliverer to reimburse any special or extraordinary expenses or |
| 10 | | costs
reasonably incurred by the
municipality as a direct |
| 11 | | result of damages to its property or public rights of
way, such |
| 12 | | as the costs
of restoration of streets damaged by an a |
| 13 | | electricity deliverer that does not make
timely repair of the
|
| 14 | | damage, or for the loss of revenue due to the inability to use |
| 15 | | public
facilities as a direct result of
the actions of the |
| 16 | | electricity deliverer, such as parking meters that are
required |
| 17 | | to be removed
because of work of an electricity deliverer.
|
| 18 | | (Source: P.A. 90-561, eff. 8-1-98; revised 10-17-13.)
|
| 19 | | Section 220. The Illinois Pension Code is amended by |
| 20 | | changing Sections 4-114, 8-138, 9-102, 11-134, and 13-809 as |
| 21 | | follows:
|
| 22 | | (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
|
| 23 | | Sec. 4-114. Pension to survivors. If a firefighter who is |
| 24 | | not receiving a
disability pension under Section 4-110 or |
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| 1 | | 4-110.1 dies (1) as a result of any
illness or accident, or (2) |
| 2 | | from any cause while in receipt of a disability
pension under |
| 3 | | this Article, or (3) during retirement after 20 years service, |
| 4 | | or
(4) while vested for or in receipt of a pension payable |
| 5 | | under subsection (b)
of Section 4-109, or (5) while a deferred |
| 6 | | pensioner, having made all required
contributions, a pension |
| 7 | | shall be paid to his or her survivors, based on the
monthly |
| 8 | | salary attached to the firefighter's rank on the last day of |
| 9 | | service
in the fire department, as follows:
|
| 10 | | (a)(1) To the surviving spouse, a monthly pension of
|
| 11 | | 40% of the monthly salary, and if there is a surviving |
| 12 | | spouse, to the guardian of any minor child or
children |
| 13 | | including a child which has been conceived but not yet |
| 14 | | born, 12%
of such monthly salary for each such child until |
| 15 | | attainment of age 18 or
until the child's marriage, |
| 16 | | whichever occurs first. Beginning July 1,
1993, the monthly |
| 17 | | pension to the surviving spouse shall be 54% of the
monthly |
| 18 | | salary for all persons receiving a surviving spouse pension |
| 19 | | under
this Article, regardless of whether the deceased |
| 20 | | firefighter was in service
on or after the effective date |
| 21 | | of this amendatory Act of 1993.
|
| 22 | | (2) Beginning July 1, 2004, unless the amount provided |
| 23 | | under paragraph (1) of this subsection (a) is greater, the |
| 24 | | total monthly pension payable under
this paragraph (a), |
| 25 | | including any amount payable on account of children, to the |
| 26 | | surviving spouse of a firefighter who died (i) while
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| 1 | | receiving a retirement pension, (ii) while he or she was a |
| 2 | | deferred pensioner with at least 20 years of creditable |
| 3 | | service, or (iii) while he or she was in active service |
| 4 | | having at least 20 years of creditable service, regardless |
| 5 | | of age, shall be no less than 100% of the monthly |
| 6 | | retirement pension earned by
the deceased firefighter at |
| 7 | | the time of death, regardless of whether death occurs |
| 8 | | before or after attainment of age 50, including any
|
| 9 | | increases under Section 4-109.1. This minimum applies to |
| 10 | | all such surviving
spouses who are eligible to receive a |
| 11 | | surviving spouse pension, regardless of
whether the |
| 12 | | deceased firefighter was in service on or after the |
| 13 | | effective date
of this amendatory Act of the 93rd General |
| 14 | | Assembly, and notwithstanding any
limitation on maximum |
| 15 | | pension under paragraph (d) or any other provision of
this |
| 16 | | Article.
|
| 17 | | (3) If the pension paid on and after July 1, 2004 to |
| 18 | | the surviving spouse of a firefighter who died on or after |
| 19 | | July 1, 2004 and before the effective date of this |
| 20 | | amendatory Act of the 93rd General Assembly was less than |
| 21 | | the minimum pension payable under paragraph (1) or (2) of |
| 22 | | this subsection (a), the fund shall pay a lump sum equal to |
| 23 | | the difference within 90 days after the effective date of |
| 24 | | this amendatory Act of the 93rd General Assembly.
|
| 25 | | The pension to the surviving spouse shall terminate in |
| 26 | | the event of the
surviving spouse's remarriage prior to |
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| 1 | | July 1, 1993; remarriage on or after
that date does not |
| 2 | | affect the surviving spouse's pension, regardless of
|
| 3 | | whether the deceased firefighter was in service on or after |
| 4 | | the effective
date of this amendatory Act of 1993.
|
| 5 | | The surviving spouse's pension shall be subject to the |
| 6 | | minimum established
in Section 4-109.2.
|
| 7 | | (b) Upon the death of the surviving spouse leaving one |
| 8 | | or more minor
children, or upon the death of a firefighter |
| 9 | | leaving one or more minor
children but no surviving spouse, |
| 10 | | to the duly appointed guardian of each such child, for |
| 11 | | support
and maintenance of each such child until the child |
| 12 | | reaches age 18 or
marries, whichever occurs first, a |
| 13 | | monthly pension of 20% of the monthly
salary.
|
| 14 | | In a case where the deceased firefighter left one or |
| 15 | | more minor children but no surviving spouse and the |
| 16 | | guardian of a child is receiving a pension of 12% of the |
| 17 | | monthly salary on August 16, 2013 (the effective date of |
| 18 | | Public Act 98-391) this amendatory Act, the pension is |
| 19 | | increased by Public Act 98-391 this amendatory Act to 20% |
| 20 | | of the monthly salary for each such child, beginning on the |
| 21 | | pension payment date occurring on or next following August |
| 22 | | 16, 2013 the effective date of this amendatory Act. The |
| 23 | | changes to this Section made by Public Act 98-391 this |
| 24 | | amendatory Act of the 98th General Assembly apply without |
| 25 | | regard to whether the deceased firefighter was in service
|
| 26 | | on or after August 16, 2013 the effective date of this |
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| 1 | | amendatory Act. |
| 2 | | (c) If a deceased firefighter leaves no surviving |
| 3 | | spouse or unmarried
minor children under age 18, but leaves |
| 4 | | a dependent father or mother, to
each dependent parent a |
| 5 | | monthly pension of 18% of the monthly salary. To
qualify |
| 6 | | for the pension, a dependent parent must furnish |
| 7 | | satisfactory proof
that the deceased firefighter was at the |
| 8 | | time of his or her death the sole
supporter of the parent |
| 9 | | or that the parent was the deceased's dependent for
federal |
| 10 | | income tax purposes.
|
| 11 | | (d) The total pension provided under paragraphs (a), |
| 12 | | (b) and (c) of this
Section shall not exceed 75% of the |
| 13 | | monthly salary of the deceased firefighter
(1) when paid to |
| 14 | | the survivor of a firefighter who has attained 20 or more
|
| 15 | | years of service credit and who receives or is eligible to |
| 16 | | receive a retirement
pension under this Article, or (2) |
| 17 | | when paid to the survivor of a firefighter
who dies as a |
| 18 | | result of illness or accident, or (3) when paid to the |
| 19 | | survivor
of a firefighter who dies from any cause while in |
| 20 | | receipt of a disability
pension under this Article, or (4) |
| 21 | | when paid to the survivor of a deferred
pensioner. For all |
| 22 | | other survivors of deceased firefighters, the total |
| 23 | | pension
provided under paragraphs (a), (b) and (c) of this |
| 24 | | Section shall not exceed 50%
of the retirement annuity the |
| 25 | | firefighter would have received on the date of
death.
|
| 26 | | The maximum pension limitations in this paragraph (d) |
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| 1 | | do not control
over any contrary provision of this Article |
| 2 | | explicitly establishing a minimum
amount of pension or |
| 3 | | granting a one-time or annual increase in pension.
|
| 4 | | (e) If a firefighter leaves no eligible survivors under |
| 5 | | paragraphs (a),
(b) and (c), the board shall refund to the |
| 6 | | firefighter's estate the amount
of his or her accumulated |
| 7 | | contributions, less the amount of pension
payments, if any, |
| 8 | | made to the firefighter while living.
|
| 9 | | (f) (Blank).
|
| 10 | | (g) If a judgment of dissolution of marriage between a |
| 11 | | firefighter and
spouse is judicially set aside subsequent |
| 12 | | to the firefighter's death, the
surviving spouse is |
| 13 | | eligible for the pension provided in paragraph (a) only
if |
| 14 | | the judicial proceedings are filed within 2 years after the |
| 15 | | date of the
dissolution of marriage and within one year |
| 16 | | after the firefighter's death and
the board is made a party |
| 17 | | to the proceedings. In such case the pension shall be
|
| 18 | | payable only from the date of the court's order setting |
| 19 | | aside the judgment of
dissolution of marriage.
|
| 20 | | (h) Benefits payable on account of a child under this |
| 21 | | Section shall
not be reduced or terminated by reason of the |
| 22 | | child's attainment of age 18
if he or she is then dependent |
| 23 | | by reason of a physical or mental disability
but shall |
| 24 | | continue to be paid as long as such dependency continues.
|
| 25 | | Individuals over the age of 18 and adjudged as a disabled |
| 26 | | person pursuant
to Article XIa of the Probate Act of 1975, |
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| 1 | | except for persons receiving
benefits under Article III of |
| 2 | | the Illinois Public Aid Code, shall be
eligible to receive |
| 3 | | benefits under this Act.
|
| 4 | | (i) Beginning January 1, 2000, the pension of the |
| 5 | | surviving spouse of
a firefighter who dies on or after |
| 6 | | January 1, 1994 as a result of sickness,
accident, or |
| 7 | | injury incurred in or resulting from the performance of an |
| 8 | | act of
duty or from the cumulative effects of acts of duty |
| 9 | | shall not be less than 100%
of the salary attached to the |
| 10 | | rank held by the deceased firefighter on the last
day of |
| 11 | | service, notwithstanding subsection (d) or any other |
| 12 | | provision of
this Article.
|
| 13 | | (j) Beginning July 1, 2004, the pension of the |
| 14 | | surviving spouse of
a firefighter who dies on or after |
| 15 | | January 1, 1988 as a result of sickness,
accident, or |
| 16 | | injury incurred in or resulting from the performance of an |
| 17 | | act of
duty or from the cumulative effects of acts of duty |
| 18 | | shall not be less than 100%
of the salary attached to the |
| 19 | | rank held by the deceased firefighter on the last
day of |
| 20 | | service, notwithstanding subsection (d) or any other |
| 21 | | provision of
this Article.
|
| 22 | | Notwithstanding any other provision of this Article, if a |
| 23 | | person who first becomes a firefighter under this Article on or |
| 24 | | after January 1, 2011 and who is not receiving a
disability |
| 25 | | pension under Section 4-110 or 4-110.1 dies (1) as a result of |
| 26 | | any
illness or accident, (2) from any cause while in receipt of |
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| 1 | | a disability
pension under this Article, (3) during retirement |
| 2 | | after 20 years service, (4) while vested for or in receipt of a |
| 3 | | pension payable under subsection (b)
of Section 4-109, or (5) |
| 4 | | while a deferred pensioner, having made all required
|
| 5 | | contributions, then a pension shall be paid to his or her |
| 6 | | survivors in the amount of 66 2/3% of the firefighter's earned |
| 7 | | pension at the date of death. Nothing in this Section shall act |
| 8 | | to diminish the
survivor's benefits described in subsection (j) |
| 9 | | of this Section. |
| 10 | | Notwithstanding any other provision of this Article, the |
| 11 | | monthly
pension of a survivor of a person who first becomes a |
| 12 | | firefighter under this Article on or after January 1, 2011 |
| 13 | | shall be increased on the January 1 after attainment of age 60 |
| 14 | | by the recipient of the survivor's pension and
each January 1 |
| 15 | | thereafter by 3% or one-half the annual unadjusted percentage |
| 16 | | increase in the consumer price index-u for the
12 months ending |
| 17 | | with the September preceding each November 1, whichever is |
| 18 | | less, of the originally granted survivor's pension. If the |
| 19 | | annual unadjusted percentage change in
the consumer price |
| 20 | | index-u for a 12-month period ending in September is zero or, |
| 21 | | when compared with the preceding period, decreases, then the |
| 22 | | survivor's pension shall not
be increased. |
| 23 | | For the purposes of this Section, "consumer price index-u" |
| 24 | | means the index published by the Bureau of Labor Statistics of |
| 25 | | the United States Department of Labor that measures the average |
| 26 | | change in prices of goods and services purchased by all urban |
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| 1 | | consumers, United States city average, all items, 1982-84 = |
| 2 | | 100. The new amount resulting from each annual adjustment shall |
| 3 | | be determined by the Public Pension Division of the Department |
| 4 | | of Insurance and made available to the boards of the pension |
| 5 | | funds. |
| 6 | | (Source: P.A. 98-391, eff. 8-16-13; revised 10-7-13.)
|
| 7 | | (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
|
| 8 | | Sec. 8-138. Minimum annuities - Additional provisions.
|
| 9 | | (a) An employee who withdraws after age 65 or more with at |
| 10 | | least 20
years of service, for whom the amount of age and |
| 11 | | service and prior service
annuity combined is less than the |
| 12 | | amount stated in this Section, shall
from the date of |
| 13 | | withdrawal, instead of all annuities
otherwise provided, be |
| 14 | | entitled to receive an annuity for life of $150 a
year, plus 1 |
| 15 | | 1/2% for each year of service, to and including 20 years, and
1 |
| 16 | | 2/3% for each year of service over 20 years, of his highest |
| 17 | | average
annual salary for any 4 consecutive years within the |
| 18 | | last 10 years of
service immediately preceding the date of |
| 19 | | withdrawal.
|
| 20 | | An employee who withdraws after 20 or more years of |
| 21 | | service, before age
65, shall be entitled to such annuity, to |
| 22 | | begin not earlier than upon
attained age of 55 years if under |
| 23 | | such age at withdrawal, reduced by 2% for
each full year or |
| 24 | | fractional part thereof that his attained age is less
than 65, |
| 25 | | plus an additional 2% reduction for each full year or |
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| 1 | | fractional
part thereof that his attained age when annuity is |
| 2 | | to begin is less than 60
so that the total reduction at age 55 |
| 3 | | shall be 30%.
|
| 4 | | (b) An employee who withdraws after July 1, 1957, at age 60 |
| 5 | | or over,
with 20 or more years of service, for whom the age and |
| 6 | | service and prior
service annuity combined, is less than the |
| 7 | | amount stated in this paragraph,
shall, from the date of |
| 8 | | withdrawal, instead of such annuities, be entitled
to receive |
| 9 | | an annuity for life equal to 1 2/3% for each year of service, |
| 10 | | of
the highest average annual salary for any 5 consecutive |
| 11 | | years within the
last 10 years of service immediately preceding |
| 12 | | the date of withdrawal;
provided, that in the case of any |
| 13 | | employee who withdraws on or after July
1, 1971, such employee |
| 14 | | age 60 or over with 20 or more years of service,
shall receive |
| 15 | | an annuity for life equal to 1.67% for each of the
first 10 |
| 16 | | years of service; 1.90% for each of the next 10 years of |
| 17 | | service;
2.10% for each year of service in excess of 20 but not |
| 18 | | exceeding 30; and
2.30% for each year of service in excess of |
| 19 | | 30, based on the highest
average annual salary for any 4 |
| 20 | | consecutive years within the last 10 years
of service |
| 21 | | immediately preceding the date of withdrawal.
|
| 22 | | An employee who withdraws after July 1, 1957 and before |
| 23 | | January 1,
1988, with 20 or more years of service, before age |
| 24 | | 60 years is entitled to
annuity, to begin not earlier than upon |
| 25 | | attained age of 55 years, if under
such age at withdrawal, as |
| 26 | | computed in the last preceding paragraph,
reduced 0.25% for |
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| 1 | | each full month or fractional part thereof that his
attained |
| 2 | | age when annuity is to begin is less than 60 if the employee |
| 3 | | was
born before January 1, 1936, or 0.5% for each such month if |
| 4 | | the employee
was born on or after January 1, 1936.
|
| 5 | | Any employee born before January 1, 1936, who withdraws |
| 6 | | with 20 or more
years of service, and any employee with 20 or |
| 7 | | more years of service who
withdraws on or after January 1, |
| 8 | | 1988, may elect to receive, in lieu of any
other employee |
| 9 | | annuity provided in this Section, an annuity for life equal
to |
| 10 | | 1.80% for each of the first 10 years of service, 2.00% for each |
| 11 | | of the
next 10 years of service, 2.20% for each year of service |
| 12 | | in excess of 20
but not exceeding 30, and 2.40% for each year |
| 13 | | of service in excess of 30,
of the highest average annual |
| 14 | | salary for any 4 consecutive
years within the last 10 years of |
| 15 | | service immediately preceding the date of
withdrawal, to begin |
| 16 | | not earlier than upon attained age of 55 years, if
under such |
| 17 | | age at withdrawal, reduced 0.25% for each full month or |
| 18 | | fractional
part thereof that his attained age when annuity is |
| 19 | | to begin is less than
60; except that an employee retiring on |
| 20 | | or after January 1, 1988, at age
55 or over but less than age |
| 21 | | 60, having at least 35 years of service,
or an employee |
| 22 | | retiring on or after July 1, 1990, at age 55 or over but
less |
| 23 | | than age 60, having at least 30 years of service,
or an |
| 24 | | employee retiring on or after the effective date of this |
| 25 | | amendatory
Act of 1997, at age 55 or over but less than age 60, |
| 26 | | having at least 25 years
of service, shall not be subject to |
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| 1 | | the reduction in retirement annuity
because of retirement below |
| 2 | | age 60.
|
| 3 | | However, in the case of an employee who retired on or after |
| 4 | | January 1,
1985 but before January 1, 1988, at age 55 or older |
| 5 | | and with at least 35
years of service, and who was subject |
| 6 | | under this subsection (b) to the
reduction in retirement |
| 7 | | annuity because of retirement below age 60, that
reduction |
| 8 | | shall cease to be effective January 1, 1991, and the retirement
|
| 9 | | annuity shall be recalculated accordingly.
|
| 10 | | Any employee who withdraws on or after July 1, 1990, with |
| 11 | | 20 or more years of
service, may elect to receive, in lieu of |
| 12 | | any other employee annuity provided
in this Section, an annuity |
| 13 | | for life equal to 2.20% for each year of service
if withdrawal |
| 14 | | is before January 1, 2002, or 2.40% for each year of
service if |
| 15 | | withdrawal is on or after January 1, 2002,
of the highest |
| 16 | | average annual salary for any 4 consecutive years within the
|
| 17 | | last 10 years of service immediately preceding the date of |
| 18 | | withdrawal, to begin
not earlier than upon attained
age of 55 |
| 19 | | years, if under such age at withdrawal, reduced 0.25% for each
|
| 20 | | full month or fractional part thereof that his attained age |
| 21 | | when annuity is
to begin is less than 60; except that an |
| 22 | | employee retiring at age 55 or
over but less than age 60, |
| 23 | | having at least 30 years of service, shall not
be subject to |
| 24 | | the reduction in retirement annuity because of retirement below
|
| 25 | | age 60.
|
| 26 | | Any employee who withdraws on or after the effective date |
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| 1 | | of this
amendatory Act of 1997 with 20 or more years of service |
| 2 | | may elect to receive,
in lieu of any other employee annuity |
| 3 | | provided in this Section, an annuity for
life equal to 2.20% |
| 4 | | for each year of service, if withdrawal is before
January 1, |
| 5 | | 2002, or 2.40% for each year of service if withdrawal is
on or
|
| 6 | | after January 1, 2002, of the highest average annual
salary for |
| 7 | | any 4 consecutive years within the last 10 years of service
|
| 8 | | immediately preceding the date of withdrawal, to begin not |
| 9 | | earlier than upon
attainment of age 55 (age 50 if the employee |
| 10 | | has at least 30 years of service),
reduced 0.25% for each full |
| 11 | | month or remaining fractional part thereof that the
employee's |
| 12 | | attained age when annuity is to begin is less than 60; except |
| 13 | | that
an employee retiring at age 50 or over with at least 30 |
| 14 | | years of service or at
age 55 or over with at least 25 years of |
| 15 | | service shall not be subject to the
reduction in retirement |
| 16 | | annuity because of retirement below age 60.
|
| 17 | | The maximum annuity payable under part (a) and (b) of this |
| 18 | | Section shall
not exceed 70% of highest average annual salary |
| 19 | | in the case of an employee
who withdraws prior to July 1, 1971, |
| 20 | | 75% if withdrawal takes place on
or after July 1, 1971 and |
| 21 | | prior to January 1, 2002, or 80% if
withdrawal
takes place on |
| 22 | | or after January 1, 2002. For the
purpose of the minimum
|
| 23 | | annuity provided in this Section $1,500 is considered the |
| 24 | | minimum annual
salary for any year; and the maximum annual |
| 25 | | salary for the computation of such
annuity is $4,800 for any |
| 26 | | year before 1953, $6000 for the years 1953 to 1956,
inclusive, |
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| 1 | | and the actual annual salary, as salary is defined in this |
| 2 | | Article,
for any year thereafter.
|
| 3 | | To preserve rights existing on December 31, 1959, for |
| 4 | | participants and
contributors on that date to the fund created |
| 5 | | by the Court and Law
Department Employees' Annuity Act, who |
| 6 | | became participants in the fund
provided for on January 1, |
| 7 | | 1960, the maximum annual salary to be considered
for such |
| 8 | | persons for the years 1955 and 1956 is $7,500.
|
| 9 | | (c) For an employee receiving disability benefit, his |
| 10 | | salary for annuity
purposes under paragraphs (a) and (b) of |
| 11 | | this Section, for all periods of
disability benefit subsequent |
| 12 | | to the year 1956, is the amount on which his
disability benefit |
| 13 | | was based.
|
| 14 | | (d) An employee with 20 or more years of service, whose |
| 15 | | entire disability
benefit credit period expires before
|
| 16 | | attainment of age 55 while still disabled for service, is |
| 17 | | entitled upon
withdrawal to the larger of (1) the minimum |
| 18 | | annuity provided above, assuming he
is then age 55, and |
| 19 | | reducing such annuity to its actuarial equivalent as of his
|
| 20 | | attained age on such date or (2) the annuity provided from his |
| 21 | | age and service
and prior service annuity credits.
|
| 22 | | (e) The minimum annuity provisions do not apply to any |
| 23 | | former municipal
employee receiving an annuity from the fund |
| 24 | | who re-enters service as a
municipal employee, unless he |
| 25 | | renders at least 3 years of additional
service after the date |
| 26 | | of re-entry.
|
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| 1 | | (f) An employee in service on July 1, 1947, or who became a |
| 2 | | contributor
after July 1, 1947 and before attainment of age 70, |
| 3 | | who withdraws after age
65, with less than 20 years of service |
| 4 | | for whom the annuity has been fixed
under this Article shall, |
| 5 | | instead of the annuity so fixed, receive an
annuity as follows:
|
| 6 | | Such amount as he could have received had the accumulated |
| 7 | | amounts for
annuity been improved with interest at the |
| 8 | | effective rate to the date of
his withdrawal, or to attainment |
| 9 | | of age 70, whichever is earlier, and had
the city contributed |
| 10 | | to such earlier date for age and service annuity the
amount |
| 11 | | that it would have contributed had he been under age 65, after |
| 12 | | the
date his annuity was fixed in accordance with this Article, |
| 13 | | and assuming
his annuity were computed from such accumulations |
| 14 | | as of his age on such
earlier date. The annuity so computed |
| 15 | | shall not exceed the annuity which
would be payable under the |
| 16 | | other provisions of this Section if the employee
was credited |
| 17 | | with 20 years of service and would qualify for annuity |
| 18 | | thereunder.
|
| 19 | | (g) Instead of the annuity provided in this Article, an |
| 20 | | employee having
attained age 65 with at least 15 years of |
| 21 | | service who withdraws from
service on or after July 1, 1971 and |
| 22 | | whose annuity computed under other
provisions of this Article |
| 23 | | is less than the amount provided under this
paragraph, is |
| 24 | | entitled to a minimum annuity for life equal to 1% of the
|
| 25 | | highest average annual salary, as salary is defined and limited |
| 26 | | in this
Section for any 4 consecutive years within the last 10 |
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| 1 | | years of service for
each year of service, plus the sum of $25 |
| 2 | | for each year of service. The
annuity shall not exceed 60% of |
| 3 | | such highest average annual salary.
|
| 4 | | (g-1) Instead of any other retirement annuity provided in |
| 5 | | this Article,
an employee who has at least 10 years of service |
| 6 | | and withdraws from service
on or after January 1, 1999 may |
| 7 | | elect to receive a retirement annuity for
life, beginning no |
| 8 | | earlier than upon attainment of age 60, equal to 2.2%
if |
| 9 | | withdrawal is before January 1, 2002, or 2.4% if withdrawal is |
| 10 | | on
or after January 1, 2002, of final average salary for each
|
| 11 | | year of service,
subject to a maximum of 75% of final average |
| 12 | | salary if withdrawal is before
January 1, 2002, or 80% if |
| 13 | | withdrawal is on or after January 1, 2002. For
the purpose of |
| 14 | | calculating this annuity, "final average salary" means the
|
| 15 | | highest average annual salary for any 4 consecutive years in |
| 16 | | the last 10 years
of service. Notwithstanding Nothwithstanding |
| 17 | | any provision of this subsection to the contrary, the "final |
| 18 | | average salary" for a participant that received credit under |
| 19 | | subsection (c) of Section 8-226 means the highest average |
| 20 | | salary for any 4 consecutive years (or any 8 consecutive years |
| 21 | | if the employee first became a participant on or after January |
| 22 | | 1, 2011) in the 10 years immediately prior to the leave of |
| 23 | | absence, and adding to that highest average salary, the product |
| 24 | | of (i) that highest average salary, (ii) the average percentage |
| 25 | | increase in the Consumer Price Index during each 12-month |
| 26 | | calendar year for the calendar years during the participant's |
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| 1 | | leave of absence, and (iii) the length of the leave of absence |
| 2 | | in years, provided that this shall not exceed the participant's |
| 3 | | salary at the local labor organization. For purposes of this |
| 4 | | Section, the Consumer Price Index is the Consumer Price Index |
| 5 | | for All Urban Consumers for all items published by the United |
| 6 | | States Department of Labor.
|
| 7 | | (h) The minimum annuities provided under this Section shall |
| 8 | | be paid in
equal monthly installments.
|
| 9 | | (i) The amendatory provisions of part (b) and (g) of this |
| 10 | | Section shall
be effective July 1, 1971 and apply in the case |
| 11 | | of every qualifying
employee withdrawing on or after July 1, |
| 12 | | 1971.
|
| 13 | | (j) The amendatory provisions of this amendatory Act of |
| 14 | | 1985 (P.A.
84-23) relating to the discount of annuity because |
| 15 | | of retirement prior to
attainment of age 60, and to the |
| 16 | | retirement formula, for those born before
January 1, 1936, |
| 17 | | shall apply only to qualifying employees withdrawing on or
|
| 18 | | after July 18, 1985.
|
| 19 | | (j-1) The changes made to this Section by Public Act 92-609 |
| 20 | | (increasing the retirement
formula to 2.4% per year of service |
| 21 | | and increasing the maximum to 80%) apply
to persons who |
| 22 | | withdraw from service on or after January 1, 2002, regardless
|
| 23 | | of whether that withdrawal takes place before the effective |
| 24 | | date of that Act. In the case of a person who withdraws from |
| 25 | | service
on or after January 1, 2002 but begins to receive a |
| 26 | | retirement annuity before
July 1, 2002, the annuity
shall be |
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| 1 | | recalculated, with the increase resulting from Public Act |
| 2 | | 92-609
accruing from the date the retirement annuity
began. The |
| 3 | | changes made by Public Act 92-609 control over the changes made
|
| 4 | | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
|
| 5 | | (k) Beginning on January 1, 1999, the minimum amount of |
| 6 | | employee's annuity
shall be $850 per month for life for the |
| 7 | | following classes of employees,
without regard to the fact that |
| 8 | | withdrawal occurred prior to the effective date
of this |
| 9 | | amendatory Act of 1998:
|
| 10 | | (1) any employee annuitant alive and receiving a life |
| 11 | | annuity on
the effective date of this amendatory Act of |
| 12 | | 1998,
except a reciprocal annuity;
|
| 13 | | (2) any employee annuitant alive and receiving a term |
| 14 | | annuity on
the effective date of this amendatory Act of |
| 15 | | 1998,
except a reciprocal annuity;
|
| 16 | | (3) any employee annuitant alive and receiving a |
| 17 | | reciprocal annuity on
the effective date of this amendatory |
| 18 | | Act of 1998,
whose service in this fund is at least 5 |
| 19 | | years;
|
| 20 | | (4) any employee annuitant withdrawing after age 60 on |
| 21 | | or after
the effective date of this amendatory Act of 1998,
|
| 22 | | with at least 10 years of service in this fund.
|
| 23 | | The increases granted under items (1), (2) and (3) of this |
| 24 | | subsection (k)
shall not be limited by any other Section of |
| 25 | | this Act.
|
| 26 | | (Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
|
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| 1 | | (40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102)
|
| 2 | | Sec. 9-102. Terms defined. The terms used in this Article |
| 3 | | have the meanings ascribed to them in the Sections following |
| 4 | | this Section and preceding Section 9-120
Sections 9-103 to |
| 5 | | 9-119, inclusive, except when the context otherwise
requires.
|
| 6 | | (Source: Laws 1963, p. 161; revised 11-13-13.)
|
| 7 | | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
|
| 8 | | Sec. 11-134. Minimum annuities.
|
| 9 | | (a) An employee whose withdrawal occurs after July 1, 1957 |
| 10 | | at age 60 or
over, with 20 or more years of service, (as |
| 11 | | service is defined or computed
in Section 11-216), for whom the |
| 12 | | age and service and prior service annuity
combined is less than |
| 13 | | the amount stated in this Section, shall, from and
after the |
| 14 | | date of withdrawal, in lieu of all annuities otherwise provided
|
| 15 | | in this Article, be entitled to receive an annuity for life of |
| 16 | | an amount
equal to 1 2/3% for each year of service, of the |
| 17 | | highest average annual
salary for any 5 consecutive years |
| 18 | | within the last 10 years of service
immediately preceding the |
| 19 | | date of withdrawal; provided, that in the case of
any employee |
| 20 | | who withdraws on or after July 1, 1971, such employee age 60
or |
| 21 | | over with 20 or more years of service, shall be entitled to |
| 22 | | instead
receive an annuity for life equal to 1.67% for each of |
| 23 | | the first 10 years
of service; 1.90% for each of the next 10 |
| 24 | | years of service; 2.10% for each
year of service in excess of |
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| 1 | | 20 but not exceeding 30; and 2.30% for each
year of service in |
| 2 | | excess of 30, based on the highest average annual salary
for |
| 3 | | any 4 consecutive years within the last 10 years of service |
| 4 | | immediately
preceding the date of withdrawal.
|
| 5 | | An employee who withdraws after July 1, 1957 and before |
| 6 | | January 1,
1988, with 20 or more years of service, before age |
| 7 | | 60, shall be entitled to
an annuity, to begin not earlier than |
| 8 | | age 55, if under such age at
withdrawal, as computed in the |
| 9 | | last preceding paragraph, reduced 0.25% if
the employee was |
| 10 | | born before January 1, 1936, or 0.5% if the employee was
born |
| 11 | | on or after January 1, 1936, for each full month or fractional |
| 12 | | part
thereof that his attained age when such annuity is to |
| 13 | | begin is less than 60.
|
| 14 | | Any employee born before January 1, 1936 who withdraws
with |
| 15 | | 20 or more years of service, and any employee with 20 or more |
| 16 | | years of
service who withdraws on or after January 1, 1988, may |
| 17 | | elect to receive, in
lieu of any other employee
annuity |
| 18 | | provided in this Section, an annuity for life equal to 1.80% |
| 19 | | for
each of the first 10 years of service, 2.00% for each of |
| 20 | | the next 10 years
of service, 2.20% for each year of service in |
| 21 | | excess of 20, but not
exceeding 30, and 2.40% for each year of |
| 22 | | service in excess of 30,
of the highest average annual salary |
| 23 | | for any 4
consecutive years within the last 10 years of service |
| 24 | | immediately preceding
the date of withdrawal, to begin not |
| 25 | | earlier than upon attained age of 55
years, if under such age |
| 26 | | at withdrawal, reduced 0.25% for each full month
or fractional |
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| 1 | | part thereof that his attained age when annuity is to begin
is |
| 2 | | less than 60; except that an employee retiring on or after |
| 3 | | January 1,
1988, at age 55 or over but less than age 60, having |
| 4 | | at least 35 years of
service, or an employee retiring on or |
| 5 | | after July 1, 1990, at age 55
or over but less than age 60, |
| 6 | | having at least 30 years of service,
or an employee retiring on |
| 7 | | or after the effective date of this amendatory Act
of 1997, at |
| 8 | | age 55 or over but less than age 60, having at least 25 years of
|
| 9 | | service, shall not be subject to the reduction in retirement |
| 10 | | annuity because
of retirement below age 60.
|
| 11 | | However, in the case of an employee who retired on or after |
| 12 | | January 1,
1985 but before January 1, 1988, at age 55 or older |
| 13 | | and with at least 35
years of service, and who was subject |
| 14 | | under this subsection (a) to the
reduction in retirement |
| 15 | | annuity because of retirement below age 60, that
reduction |
| 16 | | shall cease to be effective January 1, 1991, and the retirement
|
| 17 | | annuity shall be recalculated accordingly.
|
| 18 | | Any employee who withdraws on or after July 1, 1990, with |
| 19 | | 20 or more
years of service, may elect to receive, in lieu of |
| 20 | | any other employee
annuity provided in this Section, an annuity |
| 21 | | for life equal to 2.20% for
each year of service if withdrawal |
| 22 | | is before January 1, 2002, or
2.40% for each year of service if |
| 23 | | withdrawal is on or after January 1,
2002, of the highest |
| 24 | | average annual salary for any 4
consecutive years within the |
| 25 | | last 10 years of service immediately preceding
the date of |
| 26 | | withdrawal, to begin not earlier than upon attained age of 55
|
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| 1 | | years, if under such age at withdrawal, reduced 0.25% for each |
| 2 | | full month
or fractional part thereof that his attained age |
| 3 | | when annuity is to begin
is less than 60; except that an |
| 4 | | employee retiring at age 55 or over but
less than age 60, |
| 5 | | having at least 30 years of service, shall not be subject
to |
| 6 | | the reduction in retirement annuity because of retirement below |
| 7 | | age 60.
|
| 8 | | Any employee who withdraws on or after the effective date |
| 9 | | of this
amendatory Act of 1997 with 20 or more years of service |
| 10 | | may elect to receive,
in lieu of any other employee annuity |
| 11 | | provided in this Section, an annuity for
life equal to 2.20% |
| 12 | | for each year of service if withdrawal is before
January 1, |
| 13 | | 2002, or 2.40% for each year of service if withdrawal is
on or
|
| 14 | | after January 1, 2002, of the
highest average annual
salary for |
| 15 | | any 4 consecutive years within the last 10 years of service
|
| 16 | | immediately preceding the date of withdrawal, to begin not |
| 17 | | earlier than upon
attainment of age 55 (age 50 if the employee |
| 18 | | has at least 30 years of service),
reduced 0.25% for each full |
| 19 | | month or remaining fractional part thereof that the
employee's |
| 20 | | attained age when annuity is to begin is less than 60; except |
| 21 | | that
an employee retiring at age 50 or over with at least 30 |
| 22 | | years of service or at
age 55 or over with at least 25 years of |
| 23 | | service shall not be subject to the
reduction in retirement |
| 24 | | annuity because of retirement below age 60.
|
| 25 | | The maximum annuity payable under this paragraph (a) of |
| 26 | | this Section
shall not exceed 70% of highest average annual |
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| 1 | | salary in the case of an
employee who withdraws prior to July |
| 2 | | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 |
| 3 | | and prior to January 1, 2002, or 80% if
withdrawal
is on or |
| 4 | | after January 1, 2002. For the purpose of the
minimum annuity
|
| 5 | | provided in said paragraphs $1,500 shall be considered the |
| 6 | | minimum annual
salary for any year; and the maximum annual |
| 7 | | salary to be considered for the
computation of such annuity |
| 8 | | shall be $4,800 for any year prior to 1953,
$6,000 for the |
| 9 | | years 1953 to 1956, inclusive, and the actual annual salary,
as |
| 10 | | salary is defined in this Article, for any year thereafter.
|
| 11 | | (b) For an employee receiving disability benefit, his |
| 12 | | salary for annuity
purposes under this Section shall, for all |
| 13 | | periods of disability benefit
subsequent to the year 1956, be |
| 14 | | the amount on which his disability benefit
was based.
|
| 15 | | (c) An employee with 20 or more years of service, whose |
| 16 | | entire
disability benefit credit period expires prior to |
| 17 | | attainment of age 55
while still disabled for service, shall be |
| 18 | | entitled upon withdrawal to the
larger of (1) the minimum |
| 19 | | annuity provided above assuming that he is then
age 55, and |
| 20 | | reducing such annuity to its actuarial equivalent at his
|
| 21 | | attained age on such date, or (2) the annuity provided from his |
| 22 | | age and
service and prior service annuity credits.
|
| 23 | | (d) The minimum annuity provisions as aforesaid shall not |
| 24 | | apply to any
former employee receiving an annuity from the |
| 25 | | fund, and who re-enters
service as an employee, unless he |
| 26 | | renders at least 3 years of additional
service after the date |
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| 1 | | of re-entry.
|
| 2 | | (e) An employee in service on July 1, 1947, or who became a |
| 3 | | contributor
after July 1, 1947 and prior to July 1, 1950, or |
| 4 | | who shall become a
contributor to the fund after July 1, 1950 |
| 5 | | prior to attainment of age 70,
who withdraws after age 65 with |
| 6 | | less than 20 years of service, for whom the
annuity has been |
| 7 | | fixed under the foregoing Sections of this Article shall,
in |
| 8 | | lieu of the annuity so fixed, receive an annuity as follows:
|
| 9 | | Such amount as he could have received had the accumulated |
| 10 | | amounts for
annuity been improved with interest at the |
| 11 | | effective rate to the date of
his withdrawal, or to attainment |
| 12 | | of age 70, whichever is earlier, and had
the city contributed |
| 13 | | to such earlier date for age and service annuity the
amount |
| 14 | | that would have been contributed had he been under age 65, |
| 15 | | after the
date his annuity was fixed in accordance with this |
| 16 | | Article, and assuming
his annuity were computed from such |
| 17 | | accumulations as of his age on such
earlier date. The annuity |
| 18 | | so computed shall not exceed the annuity which
would be payable |
| 19 | | under the other provisions of this Section if the employee
was |
| 20 | | credited with 20 years of service and would qualify for annuity
|
| 21 | | thereunder.
|
| 22 | | (f) In lieu of the annuity provided in this or in any other |
| 23 | | Section of
this Article, an employee having attained age 65 |
| 24 | | with at least 15 years of
service who withdraws from service on |
| 25 | | or after July 1, 1971 and whose
annuity computed under other |
| 26 | | provisions of this Article is less than the
amount provided |
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| 1 | | under this paragraph shall be entitled to receive a minimum
|
| 2 | | annual annuity for life equal to 1% of the highest average |
| 3 | | annual salary
for any 4 consecutive years within the last 10 |
| 4 | | years of service immediately
preceding retirement for each year |
| 5 | | of his service plus the sum of $25 for
each year of service. |
| 6 | | Such annual annuity shall not exceed the maximum
percentages |
| 7 | | stated under paragraph (a) of this Section of such highest
|
| 8 | | average annual salary.
|
| 9 | | (f-1) Instead of any other retirement annuity provided in |
| 10 | | this Article,
an employee who has at least 10 years of service |
| 11 | | and withdraws from service
on or after January 1, 1999 may |
| 12 | | elect to receive a retirement annuity for
life, beginning no |
| 13 | | earlier than upon attainment of age 60, equal to 2.2%
if |
| 14 | | withdrawal is before January 1, 2002, or 2.4% for each year of
|
| 15 | | service if
withdrawal is on or after January 1, 2002, of final
|
| 16 | | average salary for
each
year of service, subject to a maximum |
| 17 | | of 75% of final average salary
if withdrawal is before January |
| 18 | | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. |
| 19 | | For the purpose of calculating this
annuity, "final average
|
| 20 | | salary" means the highest average annual salary for any 4 |
| 21 | | consecutive years
in the last 10 years of service. |
| 22 | | Notwithstanding Nothwithstanding any provision of this |
| 23 | | subsection to the contrary, the "final average salary" for a |
| 24 | | participant that received credit under item (3) of subsection |
| 25 | | (c) of Section 11-215 means the highest average salary for any |
| 26 | | 4 consecutive years (or any 8 consecutive years if the employee |
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| 1 | | first became a participant on or after January 1, 2011) in the |
| 2 | | 10 years immediately prior to the leave of absence, and adding |
| 3 | | to that highest average salary, the product of (i) that highest |
| 4 | | average salary, (ii) the average percentage increase in the |
| 5 | | Consumer Price Index during each 12-month calendar year for the |
| 6 | | calendar years during the participant's leave of absence, and |
| 7 | | (iii) the length of the leave of absence in years, provided |
| 8 | | that this shall not exceed the participant's salary at the |
| 9 | | local labor organization. For purposes of this Section, the |
| 10 | | Consumer Price Index is the Consumer Price Index for All Urban |
| 11 | | Consumers for all items published by the United States |
| 12 | | Department of Labor.
|
| 13 | | (g) Any annuity payable under the preceding subsections of |
| 14 | | this Section
11-134 shall be paid in equal monthly |
| 15 | | installments.
|
| 16 | | (h) The amendatory provisions of part (a) and (f) of this |
| 17 | | Section shall
be effective July 1, 1971 and apply in the case |
| 18 | | of every qualifying
employee withdrawing on or after July 1, |
| 19 | | 1971.
|
| 20 | | (h-1) The changes made to this Section by Public Act 92-609 |
| 21 | | (increasing the retirement
formula to 2.4% per year of service |
| 22 | | and increasing the maximum to 80%) apply
to persons who |
| 23 | | withdraw from service on or after January 1, 2002, regardless
|
| 24 | | of whether that withdrawal takes place before the effective |
| 25 | | date of that Act. In the case of a person who withdraws from |
| 26 | | service
on or after January 1, 2002 but begins to receive a |
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| 1 | | retirement annuity before
July 1, 2002, the annuity
shall be |
| 2 | | recalculated, with the increase resulting from Public Act |
| 3 | | 92-609
accruing from the date the retirement annuity
began. The |
| 4 | | changes made by Public Act 92-609 control over the changes made
|
| 5 | | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
|
| 6 | | (i) The amendatory provisions of this amendatory Act of |
| 7 | | 1985 relating to
the discount of annuity because of retirement |
| 8 | | prior to attainment of age 60
and increasing the retirement |
| 9 | | formula for those born before January 1, 1936,
shall apply only |
| 10 | | to qualifying employees withdrawing on or after
August 16, |
| 11 | | 1985.
|
| 12 | | (j) Beginning on January 1, 1999, the minimum amount of |
| 13 | | employee's annuity
shall be $850 per month for life for the |
| 14 | | following classes of employees,
without regard to the fact that |
| 15 | | withdrawal occurred prior to the effective
date of this |
| 16 | | amendatory Act of 1998:
|
| 17 | | (1) any employee annuitant alive and receiving a life |
| 18 | | annuity on the
effective date of this amendatory Act of |
| 19 | | 1998, except a reciprocal
annuity;
|
| 20 | | (2) any employee annuitant alive and receiving a term |
| 21 | | annuity on the
effective date of this amendatory Act of |
| 22 | | 1998, except a reciprocal
annuity;
|
| 23 | | (3) any employee annuitant alive and receiving a |
| 24 | | reciprocal annuity on
the effective date of this amendatory |
| 25 | | Act of 1998, whose service
in this fund is at least 5 |
| 26 | | years;
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| 1 | | (4) any employee annuitant withdrawing after age 60 on |
| 2 | | or after the
effective date of this amendatory Act of 1998, |
| 3 | | with at least 10
years of service in this fund.
|
| 4 | | The increases granted under items (1), (2) and (3) of this |
| 5 | | subsection (j)
shall not be limited by any other Section of |
| 6 | | this Act.
|
| 7 | | (Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
|
| 8 | | (40 ILCS 5/13-809) (from Ch. 108 1/2, par. 13-809)
|
| 9 | | Sec. 13-809. Administrative review. The provisions of the
|
| 10 | | Administrative Review Law Act, and all amendments and |
| 11 | | modifications thereof and
the rules adopted pursuant thereto |
| 12 | | shall apply to and govern all
proceedings for the judicial |
| 13 | | review of final administrative decisions of
the Retirement |
| 14 | | Board provided for under this Article. The term
"administrative |
| 15 | | decision" is as defined in Section 3-101 of the Code of
Civil |
| 16 | | Procedure.
|
| 17 | | (Source: P.A. 87-794; revised 10-7-13.)
|
| 18 | | Section 225. The Illinois Police Training Act is amended by |
| 19 | | changing Section 7 and by setting forth and renumbering |
| 20 | | multiple versions of Section 10.14 as follows:
|
| 21 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
|
| 22 | | Sec. 7. Rules and standards for schools. The Board shall |
| 23 | | adopt rules and
minimum standards for such schools which shall |
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| 1 | | include but not be limited to
the following:
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| 2 | | a. The curriculum for probationary police officers which |
| 3 | | shall be
offered by all certified schools shall include but not |
| 4 | | be limited to
courses of arrest, search and seizure, civil |
| 5 | | rights, human relations,
cultural
diversity, including racial |
| 6 | | and ethnic sensitivity,
criminal law, law of criminal |
| 7 | | procedure, vehicle and traffic law including
uniform and |
| 8 | | non-discriminatory enforcement of the Illinois Vehicle Code,
|
| 9 | | traffic control and accident investigation, techniques of |
| 10 | | obtaining
physical evidence, court testimonies, statements, |
| 11 | | reports, firearms
training, training in the use of electronic |
| 12 | | control devices, including the psychological and physiological |
| 13 | | effects of the use of those devices on humans, first-aid |
| 14 | | (including cardiopulmonary resuscitation), handling of
|
| 15 | | juvenile offenders, recognition of
mental conditions which |
| 16 | | require immediate assistance and methods to
safeguard and |
| 17 | | provide assistance to a person in need of mental
treatment, |
| 18 | | recognition of abuse, neglect, financial exploitation, and |
| 19 | | self-neglect of adults with disabilities and older adults, as |
| 20 | | defined in Section 2 of the Adult Protective Services Act, |
| 21 | | crimes against the elderly, law of evidence, the hazards of |
| 22 | | high-speed police vehicle
chases with an emphasis on |
| 23 | | alternatives to the high-speed chase, and
physical training. |
| 24 | | The curriculum shall include specific training in
techniques |
| 25 | | for immediate response to and investigation of cases of |
| 26 | | domestic
violence and of sexual assault of adults and children. |
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| 1 | | The curriculum shall include
training in techniques designed to |
| 2 | | promote effective
communication at the initial contact with |
| 3 | | crime victims and ways to comprehensively
explain to victims |
| 4 | | and witnesses their rights under the Rights
of Crime Victims |
| 5 | | and Witnesses Act and the Crime
Victims Compensation Act. The |
| 6 | | curriculum shall also include a block of instruction aimed at |
| 7 | | identifying and interacting with persons with autism and other |
| 8 | | developmental disabilities, reducing barriers to reporting |
| 9 | | crimes against persons with autism, and addressing the unique |
| 10 | | challenges presented by cases involving victims or witnesses |
| 11 | | with autism and other developmental disabilities. The |
| 12 | | curriculum for
permanent police officers shall include but not |
| 13 | | be limited to (1) refresher
and in-service training in any of |
| 14 | | the courses listed above in this
subparagraph, (2) advanced |
| 15 | | courses in any of the subjects listed above in
this |
| 16 | | subparagraph, (3) training for supervisory personnel, and (4)
|
| 17 | | specialized training in subjects and fields to be selected by |
| 18 | | the board. The training in the use of electronic control |
| 19 | | devices shall be conducted for probationary police officers, |
| 20 | | including University police officers.
|
| 21 | | b. Minimum courses of study, attendance requirements and |
| 22 | | equipment
requirements.
|
| 23 | | c. Minimum requirements for instructors.
|
| 24 | | d. Minimum basic training requirements, which a |
| 25 | | probationary police
officer must satisfactorily complete |
| 26 | | before being eligible for permanent
employment as a local law |
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| 1 | | enforcement officer for a participating local
governmental |
| 2 | | agency. Those requirements shall include training in first aid
|
| 3 | | (including cardiopulmonary resuscitation).
|
| 4 | | e. Minimum basic training requirements, which a |
| 5 | | probationary county
corrections officer must satisfactorily |
| 6 | | complete before being eligible for
permanent employment as a |
| 7 | | county corrections officer for a participating
local |
| 8 | | governmental agency.
|
| 9 | | f. Minimum basic training requirements which a |
| 10 | | probationary court
security officer must satisfactorily |
| 11 | | complete before being eligible for
permanent employment as a |
| 12 | | court security officer for a participating local
governmental |
| 13 | | agency. The Board shall
establish those training requirements |
| 14 | | which it considers appropriate for court
security officers and |
| 15 | | shall certify schools to conduct that training.
|
| 16 | | A person hired to serve as a court security officer must |
| 17 | | obtain from the
Board a certificate (i) attesting to his or her |
| 18 | | successful completion of the
training course; (ii) attesting to |
| 19 | | his or her satisfactory
completion of a training program of |
| 20 | | similar content and number of hours that
has been found |
| 21 | | acceptable by the Board under the provisions of this Act; or
|
| 22 | | (iii) attesting to the Board's determination that the training
|
| 23 | | course is unnecessary because of the person's extensive prior |
| 24 | | law enforcement
experience.
|
| 25 | | Individuals who currently serve as court security officers |
| 26 | | shall be deemed
qualified to continue to serve in that capacity |
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| 1 | | so long as they are certified
as provided by this Act within 24 |
| 2 | | months of the effective date of this
amendatory Act of 1996. |
| 3 | | Failure to be so certified, absent a waiver from the
Board, |
| 4 | | shall cause the officer to forfeit his or her position.
|
| 5 | | All individuals hired as court security officers on or |
| 6 | | after the effective
date of this amendatory Act of 1996 shall |
| 7 | | be certified within 12 months of the
date of their hire, unless |
| 8 | | a waiver has been obtained by the Board, or they
shall forfeit |
| 9 | | their positions.
|
| 10 | | The Sheriff's Merit Commission, if one exists, or the |
| 11 | | Sheriff's Office if
there is no Sheriff's Merit Commission, |
| 12 | | shall maintain a list of all
individuals who have filed |
| 13 | | applications to become court security officers and
who meet the |
| 14 | | eligibility requirements established under this Act. Either
|
| 15 | | the Sheriff's Merit Commission, or the Sheriff's Office if no |
| 16 | | Sheriff's Merit
Commission exists, shall establish a schedule |
| 17 | | of reasonable intervals for
verification of the applicants' |
| 18 | | qualifications under
this Act and as established by the Board.
|
| 19 | | (Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49, |
| 20 | | eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; revised |
| 21 | | 9-11-13.)
|
| 22 | | (50 ILCS 705/10.14) |
| 23 | | Sec. 10.14. Training; animal fighting awareness and humane |
| 24 | | response. The Illinois Law Enforcement Training Standards |
| 25 | | Board shall conduct or approve a training program in animal |
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| 1 | | fighting awareness and humane response for law enforcement |
| 2 | | officers of local government agencies. The purpose of that |
| 3 | | training shall be to equip law enforcement officers of local |
| 4 | | government agencies to identify animal fighting operations and |
| 5 | | respond appropriately. This training shall also include a |
| 6 | | humane response component that will provide guidelines for |
| 7 | | appropriate law enforcement response to animal abuse, cruelty, |
| 8 | | and neglect, or similar condition, as well as training on |
| 9 | | canine behavior and nonlethal ways to subdue a canine.
|
| 10 | | (Source: P.A. 98-311, eff. 1-1-14.)
|
| 11 | | (50 ILCS 705/10.15) |
| 12 | | (Section scheduled to be repealed on July 1, 2016) |
| 13 | | Sec. 10.15 10.14. Electronic control devices used by local |
| 14 | | law enforcement agencies; inspections. |
| 15 | | (a) For the purposes of this Section, "electronic control |
| 16 | | device" means: |
| 17 | | (1) any device
which is powered by electrical charging |
| 18 | | units, such as, batteries, and
which fires one or several |
| 19 | | barbs attached to a length of wire and
which, upon hitting |
| 20 | | a human, can send out a current capable of disrupting
the |
| 21 | | person's nervous system in such a manner as to render the |
| 22 | | person incapable of
normal functioning; or |
| 23 | | (2) any device which is powered by electrical
charging |
| 24 | | units, such as batteries, and which, upon contact with a |
| 25 | | human or
clothing worn by a human, can send out current |
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| 1 | | capable of disrupting
the person's nervous system in such a |
| 2 | | manner as to render the person incapable
of normal |
| 3 | | functioning. |
| 4 | | (b) Beginning January 1, 2014 and ending December 31, 2015, |
| 5 | | the Board shall randomly inspect police departments of units of |
| 6 | | local government and university police departments concerning |
| 7 | | the use of electronic control devices by law enforcement |
| 8 | | officers of the departments to determine whether the officers |
| 9 | | received appropriate training in their use. The Board shall |
| 10 | | compile the information from the random inspections and analyze |
| 11 | | the results. |
| 12 | | (c) Based on the analysis required in subsection (b), the |
| 13 | | Board shall issue a report and present its report and findings |
| 14 | | to the Governor and General Assembly on or before June 30, |
| 15 | | 2016. The Board in its report may recommend legislation |
| 16 | | concerning the use of electronic control devices by law |
| 17 | | enforcement officers and the training of law enforcement |
| 18 | | officers in the use of those devices. |
| 19 | | (d) This Section is repealed on July 1, 2016.
|
| 20 | | (Source: P.A. 98-358, eff. 1-1-14; revised 10-17-13.)
|
| 21 | | Section 230. The Counties Code is amended by changing |
| 22 | | Sections 3-3016.5, 3-5018, 5-1062.3, 5-12001.2, 5-44020, and |
| 23 | | 6-27005 and by setting forth and renumbering multiple versions |
| 24 | | of Section 5-1134 as follows:
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| 1 | | (55 ILCS 5/3-3016.5) |
| 2 | | Sec. 3-3016.5. Sudden, unexpected death in epilepsy |
| 3 | | (SUDEP). |
| 4 | | (a) All autopsies conducted in this State shall include an |
| 5 | | inquiry to determine whether the death was a direct result of a |
| 6 | | seizure or epilepsy. If the findings in an autopsy of a medical |
| 7 | | examiner, examining physician, or coroner are consistent with |
| 8 | | known or suspected sudden, unexpected death in epilepsy |
| 9 | | (SUDEP), then the medical examiner, examining physician, or |
| 10 | | coroner shall: |
| 11 | | (1) cause to be indicated on the death certificate that |
| 12 | | SUDEP is the cause or suspected cause of death; and |
| 13 | | (2) forward a copy of the death certificate to the |
| 14 | | North American SUDEP Registry at the Langone Medical Center |
| 15 | | at New York University within 30 days. |
| 16 | | (b) For the purposes of this Section, "sudden, unexpected |
| 17 | | death in epilepsy" refers to a death in a patient previously |
| 18 | | diagnosed with epilepsy that is not due to trauma, drowning, |
| 19 | | status epilepticus, or other known causes, but for which there |
| 20 | | is often evidence of an associated seizure. A finding of |
| 21 | | sudden, unexpected death in epilepsy is definite when clinical |
| 22 | | criteria are met and autopsy reveals no alternative cause of |
| 23 | | death, such as stroke, myocardial infarction, or drug |
| 24 | | intoxication, although there may be evidence of a seizure.
|
| 25 | | (Source: P.A. 98-340, eff. 1-1-14; revised 10-8-13.)
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| 1 | | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) |
| 2 | | Sec. 3-5018. Fees. The recorder elected as provided for in |
| 3 | | this
Division shall receive such fees as are or may be provided |
| 4 | | for him or her by law,
in case of provision therefor: otherwise |
| 5 | | he or she shall receive the same fees as
are or may be provided |
| 6 | | in this Section, except when increased by county
ordinance |
| 7 | | pursuant to the provisions of this Section, to be paid to the
|
| 8 | | county clerk for his or her services in the office of recorder |
| 9 | | for like services. |
| 10 | | For recording deeds or other instruments, $12 for the first |
| 11 | | 4 pages
thereof, plus $1 for each additional page thereof, plus |
| 12 | | $1 for each
additional document number therein noted. The |
| 13 | | aggregate minimum fee
for recording any one instrument shall |
| 14 | | not be less than $12. |
| 15 | | For recording deeds or other instruments wherein the |
| 16 | | premises
affected thereby are referred to by document number |
| 17 | | and not by legal
description, a fee of $1 in addition to that |
| 18 | | hereinabove referred to for
each document number therein noted. |
| 19 | | For recording assignments of mortgages, leases or liens, |
| 20 | | $12 for the
first 4 pages thereof, plus $1 for each additional |
| 21 | | page thereof. However,
except for leases and liens pertaining |
| 22 | | to oil, gas and other minerals,
whenever a mortgage, lease or |
| 23 | | lien assignment assigns more than one
mortgage, lease or lien |
| 24 | | document, a $7 fee shall be charged for the recording
of each |
| 25 | | such mortgage, lease or lien document after the first one. |
| 26 | | For recording any document that affects an interest in real |
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| 1 | | property other than documents which solely affect or relate to |
| 2 | | an easement for water, sewer, electricity, gas, telephone or |
| 3 | | other public service, the recorder shall charge a fee of $1 per |
| 4 | | document to all filers of documents not filed by any State |
| 5 | | agency, any unit of local government, or any school district. |
| 6 | | Fifty cents of the $1 fee hereby established shall be deposited |
| 7 | | into the County General Revenue Fund. The remaining $0.50 shall |
| 8 | | be deposited into the Recorder's Automation Fund and may not be |
| 9 | | appropriated or expended for any other purpose. The additional |
| 10 | | amounts available to the recorder for expenditure from the |
| 11 | | Recorder's Automation Fund shall not offset or reduce any other |
| 12 | | county appropriations or funding for the office of the |
| 13 | | recorder. |
| 14 | | For recording maps or plats of additions or subdivisions |
| 15 | | approved by the
county or municipality (including the spreading |
| 16 | | of the same of record in
map case or other proper books) or |
| 17 | | plats of condominiums, $50 for the first
page, plus $1 for each |
| 18 | | additional page thereof except that in the case of
recording a |
| 19 | | single page, legal size 8 1/2 x 14, plat of survey in which
|
| 20 | | there are no more than two lots or parcels of land, the fee |
| 21 | | shall be $12.
In each county where such maps or plats are to be |
| 22 | | recorded, the recorder
may require the same to be accompanied |
| 23 | | by such number of exact, true and
legible copies thereof as the |
| 24 | | recorder deems necessary for the efficient
conduct and |
| 25 | | operation of his or her office. |
| 26 | | For non-certified copies of records, an amount not to |
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| 1 | | exceed one-half of the amount provided in this Section for |
| 2 | | certified copies, according to a standard scale of fees, |
| 3 | | established by county ordinance and made public. The provisions |
| 4 | | of this paragraph shall not be applicable to any person or |
| 5 | | entity who obtains non-certified copies of records in the |
| 6 | | following manner: (i) in bulk for all documents recorded on any |
| 7 | | given day in an electronic or paper format for a negotiated |
| 8 | | amount less than the amount provided for in this paragraph for |
| 9 | | non-certified copies, (ii) under a contractual relationship |
| 10 | | with the recorder for a negotiated amount less than the amount |
| 11 | | provided for in this paragraph for non-certified copies, |
| 12 | | or (iii) by means of Internet access pursuant to Section |
| 13 | | 5-1106.1. |
| 14 | | For certified copies of records, the same fees as for |
| 15 | | recording, but
in no case shall the fee for a certified copy of |
| 16 | | a map or plat of an
addition, subdivision or otherwise exceed |
| 17 | | $10. |
| 18 | | Each certificate of such recorder of the recording of the |
| 19 | | deed or
other writing and of the date of recording the same |
| 20 | | signed by such
recorder, shall be sufficient evidence of the |
| 21 | | recording thereof, and
such certificate including the indexing |
| 22 | | of record, shall be furnished
upon the payment of the fee for |
| 23 | | recording the instrument, and no
additional fee shall be |
| 24 | | allowed for the certificate or indexing. |
| 25 | | The recorder shall charge an additional fee, in an amount |
| 26 | | equal to the
fee otherwise provided by law, for recording a |
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| 1 | | document (other than a
document filed under the Plat Act or the |
| 2 | | Uniform Commercial Code) that does
not conform to the following |
| 3 | | standards: |
| 4 | | (1) The document shall consist of one or more |
| 5 | | individual sheets measuring
8.5 inches by 11 inches, not |
| 6 | | permanently bound and not a continuous form.
Graphic |
| 7 | | displays accompanying a document to be recorded that |
| 8 | | measure up to 11
inches by 17 inches shall be recorded |
| 9 | | without charging an additional fee. |
| 10 | | (2) The document shall be legibly printed in black ink, |
| 11 | | by hand, type,
or computer. Signatures and dates may be in |
| 12 | | contrasting colors if they will
reproduce clearly. |
| 13 | | (3) The document shall be on white paper of not less |
| 14 | | than 20-pound
weight and shall have a clean margin of at |
| 15 | | least one-half inch on the top, the
bottom, and each side. |
| 16 | | Margins may be used for non-essential notations that
will |
| 17 | | not affect the validity of the document, including but not |
| 18 | | limited to
form numbers, page numbers, and customer |
| 19 | | notations. |
| 20 | | (4) The first page of the document shall contain a |
| 21 | | blank space, measuring
at least 3 inches by 5 inches, from |
| 22 | | the upper right corner. |
| 23 | | (5) The document shall not have any attachment stapled |
| 24 | | or otherwise
affixed to any page. |
| 25 | | A document that does not conform to these standards shall
not |
| 26 | | be recorded except upon payment of the additional fee required |
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| 1 | | under
this paragraph. This paragraph, as amended by this |
| 2 | | amendatory Act of 1995,
applies only to documents dated after |
| 3 | | the effective date of this amendatory
Act of 1995. |
| 4 | | The county board of any county may provide for an |
| 5 | | additional charge of $3
for filing every instrument, paper, or |
| 6 | | notice for record, (1)
in order to
defray the cost of |
| 7 | | converting the county recorder's document storage system
to |
| 8 | | computers or micrographics
and (2) in order to defray the cost |
| 9 | | of providing access to records through
the global
information |
| 10 | | system known as the Internet. |
| 11 | | A special fund shall be set up by the treasurer of the |
| 12 | | county and such
funds collected pursuant to Public Act 83-1321 |
| 13 | | shall be used (1)
for
a document storage system to provide the |
| 14 | | equipment, materials and necessary
expenses incurred to help |
| 15 | | defray the costs of implementing and maintaining
such a |
| 16 | | document records system
and (2) for a system to provide |
| 17 | | electronic access to
those records. |
| 18 | | The county board of any county that provides and maintains |
| 19 | | a countywide map
through a Geographic Information System (GIS) |
| 20 | | may provide for an additional
charge of $3 for filing every |
| 21 | | instrument, paper, or notice for record (1)
in order
to defray |
| 22 | | the cost of implementing or maintaining the county's Geographic
|
| 23 | | Information System
and (2) in order to defray the cost of |
| 24 | | providing electronic or automated access to the
county's
|
| 25 | | Geographic
Information System or property records.
Of that |
| 26 | | amount, $2 must be deposited into a special fund
set up by the |
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| 1 | | treasurer of the county, and any moneys collected pursuant to
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| 2 | | this amendatory Act of the 91st General Assembly and deposited |
| 3 | | into that fund
must be used solely for the equipment, |
| 4 | | materials, and necessary expenses
incurred in implementing and |
| 5 | | maintaining a Geographic Information System and
in order to |
| 6 | | defray the cost of providing electronic access to the county's
|
| 7 | | Geographic Information System records.
The remaining $1 must be |
| 8 | | deposited into the recorder's special funds created
under |
| 9 | | Section 3-5005.4. The recorder may, in his or her discretion, |
| 10 | | use moneys
in the funds created under Section 3-5005.4 to |
| 11 | | defray the cost of implementing
or maintaining the county's |
| 12 | | Geographic Information System
and to defray the cost of |
| 13 | | providing electronic access to the county's
Geographic
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| 14 | | Information System records. |
| 15 | | The recorder shall collect a $9 Rental Housing Support |
| 16 | | Program State
surcharge for the recordation of any real |
| 17 | | estate-related document. Payment of the
Rental Housing Support |
| 18 | | Program State surcharge shall be evidenced by a receipt
that |
| 19 | | shall be marked upon or otherwise affixed to the real |
| 20 | | estate-related document
by the recorder. The form of this |
| 21 | | receipt shall be prescribed by the Department
of Revenue and |
| 22 | | the receipts shall be issued by the Department of Revenue to
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| 23 | | each county recorder. |
| 24 | | The recorder shall not collect the Rental Housing Support |
| 25 | | Program State surcharge from any State agency, any unit of |
| 26 | | local government or any school district. |
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| 1 | | On the 15th day of each month, each county recorder shall |
| 2 | | report
to the Department of Revenue, on a form prescribed by |
| 3 | | the Department,
the number of real estate-related documents |
| 4 | | recorded for which
the Rental Housing Support Program
State |
| 5 | | surcharge was collected. Each recorder shall submit $9 of each |
| 6 | | surcharge collected in the
preceding month to the Department of |
| 7 | | Revenue and the Department
shall deposit these amounts in the |
| 8 | | Rental Housing Support Program Fund. Subject to appropriation, |
| 9 | | amounts in the Fund may be expended only for the purpose of |
| 10 | | funding and administering the Rental Housing Support Program. |
| 11 | | For purposes of this Section, "real estate-related |
| 12 | | document" means that term as it is defined in Section 7 of the |
| 13 | | Rental Housing Support Program Act.
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| 14 | | The foregoing fees allowed by this Section are the maximum |
| 15 | | fees that
may be collected from any officer, agency, department |
| 16 | | or other
instrumentality of the State. The county board may, |
| 17 | | however, by ordinance,
increase the fees allowed by this |
| 18 | | Section and collect such increased fees
from all persons and |
| 19 | | entities other than officers, agencies, departments
and other |
| 20 | | instrumentalities of the State if the increase is justified by |
| 21 | | an
acceptable cost study showing that the fees allowed by this |
| 22 | | Section are not
sufficient to cover the cost of providing the |
| 23 | | service.
Regardless of any other provision in this Section, the |
| 24 | | maximum fee that may
be collected from the Department of |
| 25 | | Revenue for filing or indexing a
lien, certificate of lien |
| 26 | | release or subordination, or any other type of notice
or other |
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| 1 | | documentation affecting or concerning a lien is $5. Regardless |
| 2 | | of
any other provision in this Section, the maximum fee that |
| 3 | | may be collected from
the Department of Revenue for indexing |
| 4 | | each additional name in excess
of one for any lien, certificate |
| 5 | | of lien release or subordination, or any other
type of notice |
| 6 | | or other documentation affecting or concerning a lien is $1. |
| 7 | | A statement of the costs of providing each service, program |
| 8 | | and activity
shall be prepared by the county board. All |
| 9 | | supporting documents shall be
public record and subject to |
| 10 | | public examination and audit. All direct and
indirect costs, as |
| 11 | | defined in the United States Office of Management and
Budget |
| 12 | | Circular A-87, may be included in the determination of the |
| 13 | | costs of
each service, program and activity. |
| 14 | | (Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; revised |
| 15 | | 9-24-13.)
|
| 16 | | (55 ILCS 5/5-1062.3) |
| 17 | | Sec. 5-1062.3. Stormwater management; DuPage and Peoria |
| 18 | | Counties. |
| 19 | | (a) The purpose of this Section is to allow management and |
| 20 | | mitigation of the effects of urbanization on stormwater |
| 21 | | drainage in the metropolitan counties of DuPage and Peoria, and |
| 22 | | references to "county" in this Section apply only to those |
| 23 | | counties. This Section does not apply to a municipality that |
| 24 | | only partially lies within one of these counties and, on the |
| 25 | | effective date of this amendatory Act of the 98th General |
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| 1 | | Assembly, is served by an existing Section in the Counties Code |
| 2 | | regarding stormwater management. The purpose of this Section |
| 3 | | shall be achieved by: |
| 4 | | (1) consolidating the existing stormwater management |
| 5 | | framework into a
united, countywide structure; |
| 6 | | (2) setting minimum standards for floodplain and |
| 7 | | stormwater management;
and |
| 8 | | (3) preparing a countywide plan for the management of |
| 9 | | stormwater runoff,
including the management of natural and |
| 10 | | man-made drainageways. The countywide
plan may incorporate |
| 11 | | watershed plans. |
| 12 | | (b) A stormwater management planning committee may be |
| 13 | | established by county board resolution, with its membership |
| 14 | | consisting of equal numbers of county board and municipal |
| 15 | | representatives from each county board district, and such other |
| 16 | | members as may be determined by the county and municipal |
| 17 | | members. If the county has more than 6 county board districts, |
| 18 | | however, the county board may by ordinance divide the county |
| 19 | | into not less than 6 areas of approximately equal population, |
| 20 | | to be used instead of county board districts for the purpose of |
| 21 | | determining representation on the stormwater management |
| 22 | | planning committee. |
| 23 | | The county board members shall be appointed by the chairman |
| 24 | | of the county board. Municipal members from each county board |
| 25 | | district or other represented area shall be appointed by a |
| 26 | | majority vote of the mayors of those municipalities that have |
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| 1 | | the greatest percentage of their respective populations |
| 2 | | residing in that county board district or other represented |
| 3 | | area. All municipal and county board representatives shall be |
| 4 | | entitled to a vote; the other members shall be nonvoting |
| 5 | | members, unless authorized to vote by the unanimous consent of |
| 6 | | the municipal and county board representatives. A municipality |
| 7 | | that is located in more than one county may choose, at the time |
| 8 | | of formation of the stormwater management planning committee |
| 9 | | and based on watershed boundaries, to participate in the |
| 10 | | stormwater management planning program of either county. |
| 11 | | Subcommittees of the stormwater management planning committee |
| 12 | | may be established to serve a portion of the county or a |
| 13 | | particular drainage basin that has similar stormwater |
| 14 | | management needs. The stormwater management planning committee |
| 15 | | shall adopt bylaws, by a majority vote of the county and |
| 16 | | municipal members, to govern the functions of the committee and |
| 17 | | its subcommittees. Officers of the committee shall include a |
| 18 | | chair and vice chair, one of whom shall be a county |
| 19 | | representative and one a municipal representative. |
| 20 | | The principal duties of the committee shall be to develop a |
| 21 | | stormwater management plan for presentation to and approval by |
| 22 | | the county board, and to direct the plan's implementation and |
| 23 | | revision. The committee may retain engineering, legal, and |
| 24 | | financial advisors and inspection personnel. The committee |
| 25 | | shall meet at least quarterly and shall hold at least one |
| 26 | | public meeting during the preparation of the plan and prior to |
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| 1 | | its submittal to the county board. The committee may make |
| 2 | | grants to units of local government that have adopted an |
| 3 | | ordinance requiring actions consistent with the stormwater |
| 4 | | management plan and to landowners for the purposes of |
| 5 | | stormwater management, including special projects; use of the |
| 6 | | grant money must be consistent with the stormwater management |
| 7 | | plan. |
| 8 | | The committee shall not have or exercise any power of |
| 9 | | eminent domain. |
| 10 | | (c) In the preparation of a stormwater management plan, a |
| 11 | | county stormwater management planning committee shall |
| 12 | | coordinate the planning process with each adjoining county to |
| 13 | | ensure that recommended stormwater projects will have no |
| 14 | | significant impact on the levels or flows of stormwaters in |
| 15 | | inter-county watersheds or on the capacity of existing and |
| 16 | | planned stormwater retention facilities. An adopted stormwater |
| 17 | | management plan shall identify steps taken by the county to |
| 18 | | coordinate the development of plan recommendations with |
| 19 | | adjoining counties. |
| 20 | | (d) The stormwater management committee may not enforce any |
| 21 | | rules or regulations that would interfere with (i) any power |
| 22 | | granted by the Illinois Drainage Code (70 ILCS 605/) to |
| 23 | | operate, construct, maintain, or improve drainage systems or |
| 24 | | (ii) the ability to operate, maintain, or improve the drainage |
| 25 | | systems used on or by land or a facility used for production |
| 26 | | agriculture purposes, as defined in the Use Tax Act (35 ILCS |
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| 1 | | 105/), except newly constructed buildings and newly installed |
| 2 | | impervious paved surfaces. Disputes regarding an exception |
| 3 | | shall be determined by a mutually agreed upon arbitrator paid |
| 4 | | by the disputing party or parties. |
| 5 | | (e) Before the stormwater management planning committee |
| 6 | | recommends to the county board a stormwater management plan for |
| 7 | | the county or a portion thereof, it shall submit the plan to |
| 8 | | the Office of Water Resources of the Department of Natural |
| 9 | | Resources for review and recommendations. The Office, in |
| 10 | | reviewing the plan, shall consider such factors as impacts on |
| 11 | | the levels or flows in rivers and streams and the cumulative |
| 12 | | effects of stormwater discharges on flood levels. The Office of |
| 13 | | Water Resources shall determine whether the plan or ordinances |
| 14 | | enacted to implement the plan complies with the requirements of |
| 15 | | subsection (f). Within a period not to exceed 60 days, the |
| 16 | | review comments and recommendations shall be submitted to the |
| 17 | | stormwater management planning committee for consideration. |
| 18 | | Any amendments to the plan shall be submitted to the Office for |
| 19 | | review. |
| 20 | | (f) Prior to recommending the plan to the county board, the |
| 21 | | stormwater management planning committee shall hold at least |
| 22 | | one public hearing thereon and shall afford interested persons |
| 23 | | an opportunity to be heard. The hearing shall be held in the |
| 24 | | county seat. Notice of the hearing shall be published at least |
| 25 | | once and no less than 15 days in advance of the hearing in a |
| 26 | | newspaper of general circulation published in the county. The |
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| 1 | | notice shall state the time and place of the hearing and the |
| 2 | | place where copies of the proposed plan will be accessible for |
| 3 | | examination by interested parties. If an affected municipality |
| 4 | | having a stormwater management plan adopted by ordinance wishes |
| 5 | | to protest the proposed county plan provisions, it shall appear |
| 6 | | at the hearing and submit in writing specific proposals to the |
| 7 | | stormwater management planning committee. After consideration |
| 8 | | of the matters raised at the hearing, the committee may amend |
| 9 | | or approve the plan and recommend it to the county board for |
| 10 | | adoption. |
| 11 | | The county board may enact the proposed plan by ordinance. |
| 12 | | If the proposals for modification of the plan made by an |
| 13 | | affected municipality having a stormwater management plan are |
| 14 | | not included in the proposed county plan, and the municipality |
| 15 | | affected by the plan opposes adoption of the county plan by |
| 16 | | resolution of its corporate authorities, approval of the county |
| 17 | | plan shall require an affirmative vote of at least two-thirds |
| 18 | | of the county board members present and voting. If the county |
| 19 | | board wishes to amend the county plan, it shall submit in |
| 20 | | writing specific proposals to the stormwater management |
| 21 | | planning committee. If the proposals are not approved by the |
| 22 | | committee, or are opposed by resolution of the corporate |
| 23 | | authorities of an affected municipality having a municipal |
| 24 | | stormwater management plan, amendment of the plan shall require |
| 25 | | an affirmative vote of at least two-thirds of the county board |
| 26 | | members present and voting. |
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| 1 | | (g) The county board may prescribe by ordinance reasonable |
| 2 | | rules and regulations for floodplain management and for |
| 3 | | governing the location, width, course, and release rate of all |
| 4 | | stormwater runoff channels, streams, and basins in the county, |
| 5 | | in accordance with the adopted stormwater management plan. |
| 6 | | Land, facilities, and drainage district facilities used for |
| 7 | | production agriculture as defined in subsection (d) shall not |
| 8 | | be subjected to regulation by the county board or stormwater |
| 9 | | management committee under this Section for floodplain |
| 10 | | management and for governing location, width, course, |
| 11 | | maintenance, and release rate of stormwater runoff channels, |
| 12 | | streams and basins, or water discharged from a drainage |
| 13 | | district. These rules and regulations shall, at a minimum, meet |
| 14 | | the standards for floodplain management established by the |
| 15 | | Office of Water Resources and the requirements of the Federal |
| 16 | | Emergency Management Agency for participation in the National |
| 17 | | Flood Insurance Program. With respect to DuPage County only, |
| 18 | | the Chicago Metropolitan Agency for Planning may not impose |
| 19 | | more stringent regulations regarding water quality on entities |
| 20 | | discharging in accordance with a valid National Pollution |
| 21 | | Discharge Elimination System permit issued under the |
| 22 | | Environmental Protection Act. |
| 23 | | (h) For the purpose of implementing this Section and for |
| 24 | | the development, design, planning, construction, operation, |
| 25 | | and maintenance of stormwater facilities provided for in the |
| 26 | | adopted stormwater management plan, a county board that has |
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| 1 | | established a stormwater management planning committee |
| 2 | | pursuant to this Section or has participated in a stormwater |
| 3 | | management planning process may adopt a schedule of fees |
| 4 | | applicable to all real property within the county which |
| 5 | | benefits from the county's stormwater management facilities |
| 6 | | and activities, and as may be necessary to mitigate the effects |
| 7 | | of increased stormwater runoff resulting from development. The |
| 8 | | total amount of the fees assessed must be specifically and |
| 9 | | uniquely attributable to the actual costs of the county in the |
| 10 | | preparation, administration, and implementation of the adopted |
| 11 | | stormwater management plan, construction and maintenance of |
| 12 | | stormwater facilities, and other activities related to the |
| 13 | | management of the runoff from the property. The individual fees |
| 14 | | must be specifically and uniquely attributable to the portion |
| 15 | | of the actual cost to the county of managing the runoff from |
| 16 | | the property. The fees shall be used to finance activities |
| 17 | | undertaken by the county or its included municipalities to |
| 18 | | mitigate the effects of urban stormwater runoff by providing |
| 19 | | and maintaining stormwater collection, retention, detention, |
| 20 | | and particulate treatment facilities, and improving water |
| 21 | | bodies impacted by stormwater runoff, as identified in the |
| 22 | | county plan. In establishing, maintaining, or replacing such |
| 23 | | facilities, the county shall not duplicate facilities operated |
| 24 | | by other governmental bodies within its corporate boundaries. |
| 25 | | The schedule of fees established by the county board shall |
| 26 | | include a procedure for a full or partial fee waiver for |
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| 1 | | property owners who have taken actions or put in place |
| 2 | | facilities that reduce or eliminate the cost to the county of |
| 3 | | providing stormwater management services to their property. |
| 4 | | The county board may also offer tax or fee rebates or incentive |
| 5 | | payments to property owners who construct, maintain, and use |
| 6 | | approved green infrastructure stormwater management devices or |
| 7 | | any other methods that reduce or eliminate the cost to the |
| 8 | | county of providing stormwater management services to the |
| 9 | | property, including but not limited to facilities that reduce |
| 10 | | the volume, temperature, velocity, and pollutant load of the |
| 11 | | stormwater managed by the county, such as systems that |
| 12 | | infiltrate, evapotranspirate, or harvest stormwater for reuse, |
| 13 | | known as "green infrastructure". In exercising this authority, |
| 14 | | the county shall provide notice to the municipalities within |
| 15 | | its jurisdiction their jurisdictions of any fees proposed under |
| 16 | | this Section and seek the input of each municipality with |
| 17 | | respect to the calculation of the fees. The county shall also |
| 18 | | give property owners at least 2 years' notice of the fee, |
| 19 | | during which time the county shall provide education on green |
| 20 | | infrastructure practices and an opportunity to take action to |
| 21 | | reduce or eliminate the fee. All these fees collected by the |
| 22 | | county shall be held in a separate fund, and shall be expended |
| 23 | | only in the watershed within which they were collected. The |
| 24 | | county may enter into intergovernmental agreements with other |
| 25 | | government bodies for the joint administration of stormwater |
| 26 | | management and the collection of the fees authorized in this |
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| 1 | | Section. |
| 2 | | A fee schedule authorized by this subsection must have the |
| 3 | | same limit as the authorized stormwater tax. In Peoria County |
| 4 | | only, the fee schedule shall not be adopted unless (i) a |
| 5 | | referendum has been passed approving a stormwater tax as |
| 6 | | provided in subsection (i) of this Section; or (ii) the |
| 7 | | question of the adoption of a fee schedule with the same limit |
| 8 | | as the authorized stormwater tax has been approved in a |
| 9 | | referendum by a majority of those voting on the question. |
| 10 | | (i) In the alternative to a fee imposed under subsection |
| 11 | | (h), the county board may cause an annual tax of not to exceed |
| 12 | | 0.20% of the value, as equalized or assessed by the Department |
| 13 | | of Revenue, of all taxable property in the county to be levied |
| 14 | | upon all the taxable property in the county. The property tax |
| 15 | | shall be in addition to all other taxes authorized by law to be |
| 16 | | levied and collected in the county and shall be in addition to |
| 17 | | the maximum tax rate authorized by law for general county |
| 18 | | purposes. The 0.20% limitation provided in this Section may be |
| 19 | | increased or decreased by referendum in accordance with the |
| 20 | | provisions of Sections 18-120, 18-125, and 18-130 of the |
| 21 | | Property Tax Code (35 ILCS 200/). |
| 22 | | Any revenues generated as a result of ownership or |
| 23 | | operation of facilities or land acquired with the tax funds |
| 24 | | collected pursuant to this subsection shall be held in a |
| 25 | | separate fund and be used either to abate such property tax or |
| 26 | | for implementing this Section. |
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| 1 | | If at least part of the county has been declared by a |
| 2 | | presidential proclamation after July 1, 1986 and before |
| 3 | | December 31, 1987, to be a disaster area as a result of |
| 4 | | flooding, the tax authorized by this subsection does not |
| 5 | | require approval by referendum. However, in Peoria County, the |
| 6 | | tax authorized by this subsection shall not be levied until the |
| 7 | | question of its adoption, either for a specified period or |
| 8 | | indefinitely, has been submitted to the electors thereof and |
| 9 | | approved by a majority of those voting on the question. This |
| 10 | | question may be submitted at any election held in the county |
| 11 | | after the adoption of a resolution by the county board |
| 12 | | providing for the submission of the question to the electors of |
| 13 | | the county. The county board shall certify the resolution and |
| 14 | | proposition to the proper election officials, who shall submit |
| 15 | | the proposition at an election in accordance with the general |
| 16 | | election law. If a majority of the votes cast on the question |
| 17 | | is in favor of the levy of the tax, it may thereafter be levied |
| 18 | | in the county for the specified period or indefinitely, as |
| 19 | | provided in the proposition. The question shall be put in |
| 20 | | substantially the following form: |
| 21 | | Shall an annual tax be levied
for stormwater management |
| 22 | | purposes (for a period of not more than ..... years) at a |
| 23 | | rate not exceeding
.....% of the equalized assessed
value |
| 24 | | of the taxable property of ..... County? |
| 25 | | Votes shall be recorded as Yes or No. |
| 26 | | The following question may be submitted at any election |
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| 1 | | held in the county after the adoption of a resolution by the |
| 2 | | county board providing for the submission of the question to |
| 3 | | the electors of the county to authorize adoption of a schedule |
| 4 | | of fees applicable to all real property within the county: |
| 5 | | Shall the county board be authorized to adopt a |
| 6 | | schedule of fees, at a rate not exceeding that of the |
| 7 | | stormwater management tax, applicable to all real property |
| 8 | | for preparation, administration, and implementation of an |
| 9 | | adopted stormwater management plan, construction and |
| 10 | | maintenance of related facilities, and management of the |
| 11 | | runoff from the property? |
| 12 | | Votes shall be recorded as Yes or No. |
| 13 | | If these questions have been approved by a majority of |
| 14 | | those voting prior to the effective date of this amendatory Act |
| 15 | | of the 98th General Assembly, this subsection does not apply. |
| 16 | | (j) For those counties that adopt a property tax in |
| 17 | | accordance with the provisions in this Section, the stormwater |
| 18 | | management committee shall offer property tax abatements or |
| 19 | | incentive payments to property owners who construct, maintain, |
| 20 | | and use approved stormwater management devices. The stormwater |
| 21 | | management committee is authorized to offer credits to the |
| 22 | | property tax, if applicable, based on authorized practices |
| 23 | | consistent with the stormwater management plan and approved by |
| 24 | | the committee. Expenses of staff of a stormwater management |
| 25 | | committee that are expended on regulatory project review may be |
| 26 | | no more than 20% of the annual budget of the committee, |
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| 1 | | including funds raised under subsections (h) and (i). |
| 2 | | (k) Upon the creation and implementation of a county |
| 3 | | stormwater management
plan, the county may petition the circuit |
| 4 | | court to dissolve any or all drainage
districts created |
| 5 | | pursuant to the Illinois Drainage Code or predecessor Acts
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| 6 | | which are located entirely within the area of the county |
| 7 | | covered by the plan. |
| 8 | | However, any active drainage district implementing a plan |
| 9 | | that is
consistent with and at least as stringent as the county |
| 10 | | stormwater
management plan may petition the stormwater |
| 11 | | management planning committee
for exception from dissolution. |
| 12 | | Upon filing of the petition, the committee
shall set a date for |
| 13 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the |
| 14 | | filing thereof, and the committee shall give at least one |
| 15 | | week's
notice of the hearing in one or more newspapers of |
| 16 | | general circulation
within the district, and in addition shall |
| 17 | | cause a copy of the notice to be
personally served upon each of |
| 18 | | the trustees of the district. At the
hearing, the committee |
| 19 | | shall hear the district's petition and allow the
district |
| 20 | | trustees and any interested parties an opportunity to present |
| 21 | | oral
and written evidence. The committee shall render its |
| 22 | | decision upon the
petition for exception from dissolution based |
| 23 | | upon the best interests of
the residents of the district. In |
| 24 | | the event that the exception is not
allowed, the district may |
| 25 | | file a petition within 30 days of the decision
with the circuit |
| 26 | | court. In that case, the notice and hearing requirements
for |
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| 1 | | the court shall be the same as herein provided for the |
| 2 | | committee.
The court shall likewise render its decision of |
| 3 | | whether to dissolve the
district based upon the best interests |
| 4 | | of residents of the district. |
| 5 | | The dissolution of any drainage district shall not affect |
| 6 | | the obligation
of any bonds issued or contracts entered into by |
| 7 | | the district nor
invalidate the levy, extension or collection |
| 8 | | of any taxes or special
assessments upon the property in the |
| 9 | | former drainage district. All property
and obligations of the |
| 10 | | former drainage district shall be assumed and
managed by the |
| 11 | | county, and the debts of the former drainage district shall
be |
| 12 | | discharged as soon as practicable. |
| 13 | | If a drainage district lies only partly within a county |
| 14 | | that adopts a
county stormwater management plan, the county may |
| 15 | | petition the circuit
court to disconnect from the drainage |
| 16 | | district that portion of the district
that lies within that |
| 17 | | county. The property of the drainage district within the
|
| 18 | | disconnected area shall be assumed and managed by the county. |
| 19 | | The county shall
also assume a portion of the drainage |
| 20 | | district's debt at the time of
disconnection, based on the |
| 21 | | portion of the value of the taxable property of the
drainage |
| 22 | | district which is located within the area being disconnected. |
| 23 | | The operations of any drainage district that continues to |
| 24 | | exist in a
county that has adopted a stormwater management plan |
| 25 | | in accordance with
this Section shall be in accordance with the |
| 26 | | adopted plan. |
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| 1 | | (l) Any county that has adopted a county stormwater |
| 2 | | management plan under this Section may, after 10 days' days |
| 3 | | written notice receiving consent of the owner or occupant, |
| 4 | | enter upon any lands or waters within the county for the |
| 5 | | purpose of inspecting stormwater facilities or causing the |
| 6 | | removal of any obstruction to an affected watercourse. If |
| 7 | | consent is denied or cannot be reasonably obtained, the county |
| 8 | | ordinance shall provide a process or procedure for an |
| 9 | | administrative warrant to be obtained. The county shall be |
| 10 | | responsible for any damages occasioned thereby. |
| 11 | | (m) Except as otherwise provided in subsection (a) of this |
| 12 | | Section, upon petition of the municipality, and based on a |
| 13 | | finding of the stormwater management planning committee, the |
| 14 | | county shall not enforce rules and regulations adopted by the |
| 15 | | county in any municipality located wholly or partly within the |
| 16 | | county that has a municipal stormwater management ordinance |
| 17 | | that is consistent with and at least as stringent as the county |
| 18 | | plan and ordinance, and is being enforced by the municipal |
| 19 | | authorities. On issues that the county ordinance is more |
| 20 | | stringent as deemed by the committee, the county shall only |
| 21 | | enforce rules and regulations adopted by the county on the more |
| 22 | | stringent issues and accept municipal permits. The county shall |
| 23 | | have no more than 60 days to review permits or the permits |
| 24 | | shall be deemed approved. |
| 25 | | (n) A county may issue general obligation bonds for |
| 26 | | implementing any stormwater plan adopted under this Section in |
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| 1 | | the manner prescribed in Section 5-1012; except that the |
| 2 | | referendum requirement of Section 5-1012 does not apply to |
| 3 | | bonds issued pursuant to this Section on which the principal |
| 4 | | and interest are to be paid entirely out of funds generated by |
| 5 | | the taxes and fees authorized by this Section. |
| 6 | | (o) A county that has adopted a fee schedule pursuant to |
| 7 | | this Section may not thereafter issue any bond extensions |
| 8 | | related to implementing a stormwater management plan. |
| 9 | | (p) The powers authorized by this Section may be |
| 10 | | implemented by the county board for a portion of the county |
| 11 | | subject to similar stormwater management needs. |
| 12 | | (q) The powers and taxes authorized by this Section are in |
| 13 | | addition to the powers and taxes authorized by Division 5-15; |
| 14 | | in exercising its powers under this Section, a county shall not |
| 15 | | be subject to the restrictions and requirements of that |
| 16 | | Division. |
| 17 | | (r) Stormwater management projects and actions related to |
| 18 | | stormwater management in a county that has adopted a fee |
| 19 | | schedule or tax pursuant to this Section prior to the effective |
| 20 | | date of this amendatory Act of the 98th General Assembly are |
| 21 | | not altered by this amendatory Act of the 98th General |
| 22 | | Assembly.
|
| 23 | | (Source: P.A. 98-335, eff. 8-13-13; revised 10-8-13.)
|
| 24 | | (55 ILCS 5/5-1134) |
| 25 | | Sec. 5-1134. Project labor agreements. |
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| 1 | | (a) Any sports, arts, or entertainment facilities that |
| 2 | | receive revenue from a tax imposed under subsection (b) of |
| 3 | | Section 5-1030 of this Code shall be considered to be public |
| 4 | | works within the meaning of the Prevailing Wage Act. The county |
| 5 | | authorities responsible for the construction, renovation, |
| 6 | | modification, or alteration of the sports, arts, or |
| 7 | | entertainment facilities shall enter into project labor |
| 8 | | agreements with labor organizations as defined in the National |
| 9 | | Labor Relations Act to assure that no labor dispute interrupts |
| 10 | | or interferes with the construction, renovation, modification, |
| 11 | | or alteration of the projects. |
| 12 | | (b) The project labor agreements must include the |
| 13 | | following: |
| 14 | | (1) provisions establishing the minimum hourly wage |
| 15 | | for each class of labor organization employees; |
| 16 | | (2) provisions establishing the benefits and other |
| 17 | | compensation for such class of labor organization; and |
| 18 | | (3) provisions establishing that no strike or disputes |
| 19 | | will be engaged in by the labor organization employees. |
| 20 | | The county, taxing bodies, municipalities, and the labor |
| 21 | | organizations shall have the authority to include other terms |
| 22 | | and conditions as they deem necessary. |
| 23 | | (c) The project labor agreement shall be filed with the |
| 24 | | Director of the Illinois Department of Labor in accordance with |
| 25 | | procedures established by the Department. At a minimum, the |
| 26 | | project labor agreement must provide the names, addresses, and |
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| 1 | | occupations of the owner of the facilities and the individuals |
| 2 | | representing the labor organization employees participating in |
| 3 | | the project labor agreement. The agreement must also specify |
| 4 | | the terms and conditions required in subsection (b) of this |
| 5 | | Section. |
| 6 | | (d) In any agreement for the construction or rehabilitation |
| 7 | | of a facility using revenue generated under subsection (b) of |
| 8 | | Section 5-1030 of this Code, in connection with the |
| 9 | | prequalification of general contractors for construction or |
| 10 | | rehabilitation of the facility, it shall be required that a |
| 11 | | commitment will be submitted detailing how the general |
| 12 | | contractor will expend 15% or more of the aggregate dollar |
| 13 | | value of the project as a whole with one or more minority-owned |
| 14 | | businesses, female-owned businesses, or businesses owned by a |
| 15 | | person with a disability, as these terms are defined in Section |
| 16 | | 2 of the Business Enterprise for Minorities, Females, and |
| 17 | | Persons with Disabilities Act.
|
| 18 | | (Source: P.A. 98-313, eff. 8-12-13.)
|
| 19 | | (55 ILCS 5/5-1135) |
| 20 | | Sec. 5-1135 5-1134. Borrowing from financial institutions. |
| 21 | | The county board of a county may borrow money for any corporate |
| 22 | | purpose from any bank or other financial institution provided |
| 23 | | such money shall be repaid within 2 years from the time the |
| 24 | | money is borrowed. The county board chairman or county |
| 25 | | executive, as the case may be, shall execute a promissory note |
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| 1 | | or similar debt instrument, but not a bond, to evidence the |
| 2 | | indebtedness incurred by the borrowing. The obligation to make |
| 3 | | the payments due under the promissory note or other debt |
| 4 | | instrument shall be a lawful direct general obligation of the |
| 5 | | county payable from the general funds of the county and such |
| 6 | | other sources of payment as are otherwise lawfully available. |
| 7 | | The promissory note or other debt instrument shall be |
| 8 | | authorized by an ordinance passed by the county board and shall |
| 9 | | be valid whether or not an appropriation with respect to that |
| 10 | | ordinance is included in any annual or supplemental |
| 11 | | appropriation adopted by the county board. The indebtedness |
| 12 | | incurred under this Section, when aggregated with the existing |
| 13 | | indebtedness of the county, may not exceed any debt limitation |
| 14 | | otherwise provided for by law. "Financial institution" means |
| 15 | | any bank subject to the Illinois Banking Act, any savings and |
| 16 | | loan association subject to the Illinois Savings and Loan Act |
| 17 | | of 1985, any savings bank subject to the Savings Bank Act, any |
| 18 | | credit union subject to the Illinois Credit Union Act, and any |
| 19 | | federally chartered commercial bank, savings and loan |
| 20 | | association, savings bank, or credit union organized and |
| 21 | | operated in this State pursuant to the laws of the United |
| 22 | | States.
|
| 23 | | (Source: P.A. 98-525, eff. 8-23-13; revised 10-17-13.)
|
| 24 | | (55 ILCS 5/5-12001.2) |
| 25 | | Sec. 5-12001.2. Regulation of telecommunications |
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| 1 | | facilities; Lake County pilot project. In addition to any other |
| 2 | | requirements under this Division concerning the regulation of |
| 3 | | telecommunications facilities, the following applies to any |
| 4 | | new telecommunications facilities in Lake County that are not |
| 5 | | AM telecommunications towers or facilities: |
| 6 | | (a) For every new wireless telecommunications facility |
| 7 | | requiring a new tower structure, a telecommunications |
| 8 | | carrier shall provide the county with documentation |
| 9 | | consisting of the proposed location, a site plan, and an |
| 10 | | elevation that sufficiently describes a proposed wireless |
| 11 | | facility location. |
| 12 | | (b) The county shall have 7 days to review the facility |
| 13 | | proposal and contact the telecommunications carrier in |
| 14 | | writing via e-mail or other written means as specified by |
| 15 | | the telecommunications carrier. This written communication |
| 16 | | shall either approve the proposed location or request a |
| 17 | | meeting to review other possible alternative locations. If |
| 18 | | requested, the meeting shall take place within 7 days after |
| 19 | | the date of the written communication. |
| 20 | | (c) At the meeting, the telecommunications carrier |
| 21 | | shall provide the county documentation consisting of radio |
| 22 | | frequency engineering criteria and a corresponding |
| 23 | | telecommunications facility search ring map, together with |
| 24 | | documentation of the carrier's efforts to site the proposed |
| 25 | | facility within the telecommunications facility search |
| 26 | | ring. |
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| 1 | | (d) Within 21 days after receipt of the carrier's |
| 2 | | documentation, the county shall propose either an |
| 3 | | alternative site within the telecommunications facility |
| 4 | | search ring, or an alternative site outside of the |
| 5 | | telecommunications search ring that meets the radio |
| 6 | | frequency engineering criteria provided by the |
| 7 | | telecommunications carrier and that will not materially |
| 8 | | increase the construction budget beyond what was estimated |
| 9 | | on the original carrier proposed site. |
| 10 | | (e) If the county's proposed alternative site meets the |
| 11 | | radio frequency engineering criteria provided by the |
| 12 | | telecommunications carrier, and will not materially |
| 13 | | increase the construction budget beyond what was estimated |
| 14 | | on the original carrier proposed site, then the |
| 15 | | telecommunications carrier shall agree to build the |
| 16 | | facility at the alternative location, subject to the |
| 17 | | negotiation of a lease with commercially reasonable terms |
| 18 | | and the obtainment of the customary building permits. |
| 19 | | (f) If the telecommunications carrier can demonstrate |
| 20 | | that: (i) the county's proposed alternative site does not |
| 21 | | meet the radio frequency engineering criteria, (ii) the |
| 22 | | county's proposed alternative site will materially |
| 23 | | increase the construction budget beyond what was estimated |
| 24 | | on the original carrier proposed site, (iii) the county has |
| 25 | | failed to provide an alternative alternate site, or (iv) |
| 26 | | after a period of 90 days after receipt of the alternative |
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| 1 | | site, the telecommunications carrier has failed, after |
| 2 | | acting in good faith and with due diligence, to obtain a |
| 3 | | lease or, at a minimum, a letter of intent to lease the |
| 4 | | alternative site at lease rates not materially greater than |
| 5 | | the lease rate for the original proposed site; then the |
| 6 | | carrier can proceed to permit and construct the site under |
| 7 | | the provisions and standards of Section 5-12001.1 of this |
| 8 | | Code.
|
| 9 | | (Source: P.A. 98-197, eff. 8-9-13; revised 10-8-13.)
|
| 10 | | (55 ILCS 5/5-44020) |
| 11 | | Sec. 5-44020. Definitions. In this Division 5-44: |
| 12 | | "Fire protection jurisdiction" means a fire protection |
| 13 | | district, municipal fire department, or service organized |
| 14 | | under Section 5-1056.1 of the Counties Code, Sections 195 and |
| 15 | | 200 of the Township Code, Section 10-2.1 of the Illinois |
| 16 | | Municipal Code, or the Illinois Fire Protection District Act. |
| 17 | | "Governing board" means the individual or individuals who |
| 18 | | constitute the
corporate authorities of a unit of local |
| 19 | | government. ; and |
| 20 | | "Unit of local government" or "unit" means any unit of |
| 21 | | local government located entirely within one county, to which |
| 22 | | the county board chairman or county executive directly appoints |
| 23 | | a majority of its governing board with the advice and consent |
| 24 | | of the county board, but shall not include a fire protection |
| 25 | | district that directly employs any regular full-time employees |
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| 1 | | or a special district organized under the Water Commission Act |
| 2 | | of 1985.
|
| 3 | | (Source: P.A. 98-126, eff. 8-2-13; revised 9-13-13.)
|
| 4 | | (55 ILCS 5/6-27005) (from Ch. 34, par. 6-27005)
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| 5 | | Sec. 6-27005. Transfer to general corporate fund. Moneys |
| 6 | | shall be transferred from said working cash fund to
the general |
| 7 | | corporate fund only upon the authority of the county board,
|
| 8 | | which shall from time to time by separate resolution direct the |
| 9 | | county
treasurer to make transfers of such sums as may be |
| 10 | | required for the
purposes herein authorized. Every such |
| 11 | | resolution shall set forth (a)
the taxes or other moneys in |
| 12 | | anticipation of the collection or receipt
of which such |
| 13 | | transfer is to be made and from which such working cash
fund is |
| 14 | | to be reimbursed, (b) with respect only to transfers made in
|
| 15 | | anticipation of the levy of real property taxes, the entire |
| 16 | | amount of
taxes extended or which the county board estimates |
| 17 | | will be extended, for
any year, by the county clerk upon the |
| 18 | | books of the collectors of State
and county taxes within such |
| 19 | | county, in anticipation of the collection
of all or part of |
| 20 | | which such transfer is to be made, (c) the aggregate
amount of |
| 21 | | warrants theretofore issued in anticipation of the collection
|
| 22 | | of such taxes, together with the amount of interest accrued, |
| 23 | | and/or
which the county board estimates will accrue, thereon, |
| 24 | | (d) the aggregate
amount of notes theretofore issued in |
| 25 | | anticipation of the collection of
such taxes, together with the |
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| 1 | | amount of the interest accrued, and/or
which the county board |
| 2 | | estimates will accrue, thereon, and (e) the
amount of moneys, |
| 3 | | which the county board estimates will be earned by the
county |
| 4 | | clerk and the county collector, respectively, as fees or
|
| 5 | | commissions for extending or collecting taxes for any year, in
|
| 6 | | anticipation of the receipt of all or part of which such |
| 7 | | transfer is to
be made, (f) the amount of such taxes, as by law |
| 8 | | now or hereafter
enacted or amended, imposed by the General |
| 9 | | Assembly of the State of
Illinois to replace revenue lost by |
| 10 | | units of local government and school
districts as a result of |
| 11 | | the abolition of ad valorem personal property
taxes, pursuant |
| 12 | | to Article IX, Section 5(c) of the Constitution of the
State of |
| 13 | | Illinois which the county board estimates will be received by
|
| 14 | | the county for any year, (g) the aggregate amount of receipts |
| 15 | | from taxes
imposed to replace revenue lost by units of local |
| 16 | | government and school
districts as a result of the abolition of |
| 17 | | ad valorem personal property
taxes, pursuant to Article IX, |
| 18 | | Section 5(c) of the Constitution of the
State of Illinois, |
| 19 | | which the corporate authorities estimate will be set
aside for |
| 20 | | the payment of the proportionate amount of debt service and
|
| 21 | | pension or retirement obligations, as required by Section 12 of |
| 22 | | "An Act in
relation to State Revenue Sharing with local |
| 23 | | government entities", approved
July 31, 1969, as amended, and |
| 24 | | (h) the aggregate amount of moneys
theretofore transferred from |
| 25 | | the working cash fund to the general corporate
fund in |
| 26 | | anticipation of the collection of such taxes or of the receipt |
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| 1 | | of
such other moneys to be derived from fees or commissions or |
| 2 | | of the receipt
of such taxes, as by law now or hereafter |
| 3 | | enacted or amended, imposed by
the General Assembly of the |
| 4 | | State of Illinois to replace revenue lost by
units of local |
| 5 | | government and school districts as a result of the abolition
of |
| 6 | | ad valorem personal property taxes, pursuant to Article IX, |
| 7 | | Section 5(c)
of the Constitution of the State of Illinois. The |
| 8 | | amount which any such
resolution shall direct the county |
| 9 | | treasurer so to transfer, in
anticipation of the collection of |
| 10 | | taxes levied for any year, together with
the aggregate amount |
| 11 | | of such anticipation tax warrants and notes
theretofore drawn |
| 12 | | against such taxes and the amount of the interest
accrued,, and |
| 13 | | the aggregate amount of such transfers theretofore made in
|
| 14 | | anticipation of the collection of such taxes, shall not exceed |
| 15 | | ninety (90)
per centum of the actual or estimated amount of |
| 16 | | such taxes extended or to
be extended, as set forth in such |
| 17 | | resolution. The amount which any such
resolution shall direct |
| 18 | | the county treasurer so to transfer, in
anticipation of the |
| 19 | | receipt of any moneys to be derived from fees or
commissions, |
| 20 | | or of the receipt of such taxes, as by law now or hereafter
|
| 21 | | enacted or amended, imposed by the General Assembly of the |
| 22 | | State of
Illinois to replace revenue lost by units of local |
| 23 | | government and school
districts as a result of the abolition of |
| 24 | | ad valorem personal property
taxes, pursuant to Article IX, |
| 25 | | Section 5(c) of the Constitution of the
State of Illinois |
| 26 | | together with the aggregate amount theretofore
transferred in |
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| 1 | | anticipation of the receipt of any such moneys and the
amount |
| 2 | | estimated to be required to satisfy debt service and pension or
|
| 3 | | retirement obligations, as set forth in Section 12 of "An Act |
| 4 | | in relation
to State revenue sharing with local government |
| 5 | | entities", approved July
31, 1969, as amended, shall not exceed |
| 6 | | the total amount which it is so
estimated will be received from |
| 7 | | such sources. To the extent that at any
time moneys are |
| 8 | | available in the working cash fund they shall be
transferred to |
| 9 | | the general corporate fund and disbursed for the payment of
|
| 10 | | salaries and other corporate expenses so as to avoid, whenever |
| 11 | | possible,
the issuance of anticipation tax warrants or notes.
|
| 12 | | (Source: P.A. 86-962; revised 10-8-13.)
|
| 13 | | Section 235. The Township Code is amended by changing |
| 14 | | Section 27-10 as follows:
|
| 15 | | (60 ILCS 1/27-10) |
| 16 | | Sec. 27-10. Petition and referendum to discontinue and |
| 17 | | abolish a township organization within a coterminous |
| 18 | | municipality. Upon adoption of an ordinance adopted by the city |
| 19 | | council of a township described under Section 27-5 of this |
| 20 | | Article, or upon petition of at least 10% of the registered |
| 21 | | voters of that township, the city council shall certify and |
| 22 | | cause to be submitted to the voters of the township, at the |
| 23 | | next election or consolidated election, a proposition to |
| 24 | | discontinue and abolish the township organization and to |
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| 1 | | transfer all the rights, powers, duties, assets, property, |
| 2 | | liabilities, obligations, and responsibilities of the township |
| 3 | | organization to the coterminous municipality. |
| 4 | | A signature on a petition shall not be valid or counted in |
| 5 | | considering the petition unless the form requirements are |
| 6 | | complied with and the date of each signature is less than 90 |
| 7 | | days before the last day for filing the petition. The statement |
| 8 | | of the person who circulates the petition must include an |
| 9 | | attestation (i) indicating the dates on which that sheet was |
| 10 | | circulated, (ii) indicating the first and last date on which |
| 11 | | that sheet was circulated, or (iii) certifying that none of the |
| 12 | | signatures on the sheet was signed more than 90 days before the |
| 13 | | last day for filing the petition. The petition shall be treated |
| 14 | | and the proposition certified in the manner provided by the |
| 15 | | general election law. After the proposition has once been |
| 16 | | submitted to the electorate, the proposition shall not be |
| 17 | | resubmitted for 4 years. |
| 18 | | The proposition shall be in substantially the following |
| 19 | | form: |
| 20 | | Shall the township organization be continued in [Name |
| 21 | | of Township] Township? |
| 22 | | The votes shall be recorded as "Yes" or "No".
|
| 23 | | (Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.)
|
| 24 | | Section 240. The Illinois Municipal Code is amended by |
| 25 | | changing Section 11-80-9 as follows:
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| 1 | | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
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| 2 | | Sec. 11-80-9.
The corporate authorities of each |
| 3 | | municipality may prevent
and regulate all amusements and |
| 4 | | activities having a tendency to annoy or
endanger persons or |
| 5 | | property on the sidewalks, streets, and other municipal
|
| 6 | | property. However, no municipality may prohibit a charitable |
| 7 | | organization, as defined in Section 2 of the Charitable Games |
| 8 | | Act, from soliciting for charitable purposes, including |
| 9 | | solicitations taking place on public roadways from passing |
| 10 | | motorists, if all of the following requirements are met.
|
| 11 | | (1) The persons to be engaged in the solicitation are |
| 12 | | law enforcement personnel, firefighters, or other persons |
| 13 | | employed to protect the public safety of a local agency, |
| 14 | | and that are soliciting solely in an area that is within |
| 15 | | the service area of that local agency. |
| 16 | | (2) The charitable organization files an application |
| 17 | | with the municipality having jurisdiction over the |
| 18 | | location or locations where the solicitation is to occur. |
| 19 | | The application applications shall be filed not later than |
| 20 | | 10 business days before the date that the solicitation is |
| 21 | | to begin and shall include all of the following: |
| 22 | | (A) The date or dates and times of day when the |
| 23 | | solicitation is to occur. |
| 24 | | (B) The location or locations where the |
| 25 | | solicitation is to occur along with a list of 3 |
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| 1 | | alternate locations listed in order of preference. |
| 2 | | (C) The manner and conditions under which the |
| 3 | | solicitation is to occur. |
| 4 | | (D) Proof of a valid liability insurance policy in |
| 5 | | the amount of at least $1,000,000 insuring the charity |
| 6 | | or local agency against bodily injury and property |
| 7 | | damage arising out of or in connection with the |
| 8 | | solicitation. |
| 9 | | The municipality shall approve the application within 5 |
| 10 | | business days after the filing date of the application, but may |
| 11 | | impose reasonable conditions in writing that are consistent |
| 12 | | with the intent of this Section and are based on articulated |
| 13 | | public safety concerns. If the municipality determines that the |
| 14 | | applicant's location cannot be permitted due to significant |
| 15 | | safety concerns, such as high traffic volumes, poor geometrics, |
| 16 | | construction, maintenance operations, or past accident |
| 17 | | history, then the municipality may deny the application for |
| 18 | | that location and must approve one of the 3 alternate locations |
| 19 | | following the order of preference submitted by the applicant on |
| 20 | | the alternate location list. By acting under this Section, a |
| 21 | | local agency does not waive or limit any immunity from |
| 22 | | liability provided by any other provision of law. |
| 23 | | (3) For purposes of this Section, "local agency" means a |
| 24 | | municipality, special district, fire district, joint powers of |
| 25 | | authority, or other political subdivision of the State of |
| 26 | | Illinois. |
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| 1 | | A home rule unit may not regulate a charitable organization |
| 2 | | in a manner that is inconsistent with this Section. This |
| 3 | | Section is a limitation under subsection (i) of Section 6 of |
| 4 | | Article VII of the Illinois Constitution on the concurrent |
| 5 | | exercise by home rule units of powers and functions exercised |
| 6 | | by the State. |
| 7 | | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; |
| 8 | | revised 10-8-13.)
|
| 9 | | Section 245. The Fire Protection District Act is amended by |
| 10 | | changing Sections 8.20 and 11j as follows:
|
| 11 | | (70 ILCS 705/8.20)
|
| 12 | | Sec. 8.20. Open burning.
|
| 13 | | (a) The board of trustees of any fire protection district |
| 14 | | incorporated under
this Act may, by ordinance,
require that the |
| 15 | | district be notified of open burning within the district
before |
| 16 | | it takes
place, but shall not require that a permit for open |
| 17 | | burning be
obtained from the
district. The district may
not |
| 18 | | enforce an ordinance adopted under this Section within the |
| 19 | | corporate limits
of a county with a population of 3,000,000 or |
| 20 | | more or a municipality
with a population of 1,000,000 or more.
|
| 21 | | (b) The fire department of a fire protection district may |
| 22 | | extinguish any
open burn that presents a clear, present, and |
| 23 | | unreasonable danger to persons or
adjacent property or
that |
| 24 | | presents an unreasonable risk because of wind, weather, or the |
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| 1 | | types of
combustibles. The
unreasonable risk may include the |
| 2 | | height of flames, windblown embers, the
creation of hazardous
|
| 3 | | fumes, or an unattended fire. Fire departments may not |
| 4 | | unreasonably interfere
with permitted and
legal open burning.
|
| 5 | | (c) The fire protection district may provide that persons |
| 6 | | setting open burns
on
any agricultural
land with an area of 50 |
| 7 | | acres or more may voluntarily comply with the
provisions of an |
| 8 | | ordinance
adopted under this Section.
|
| 9 | | (d) The fire chief or any other designated officer of a |
| 10 | | fire department of any fire protection district incorporated |
| 11 | | under this Act may, with the authorization of the board of |
| 12 | | trustees of the fire protection district, prohibit open burning |
| 13 | | within the district on an emergency basis, for a limited period |
| 14 | | of time, if (i) the atmospheric conditions or other |
| 15 | | circumstances create an unreasonable risk of fire because of |
| 16 | | wind, weather, or the types of combustibles and (ii) the |
| 17 | | resources of the fire department are not sufficient to control |
| 18 | | and suppress a fire resulting from one or more of the |
| 19 | | conditions or circumstances described in clause (i) of this |
| 20 | | subsection. For the purposes of this subsection, "open burning" |
| 21 | | includes, but is not limited to, the burning of landscape |
| 22 | | waste, agricultural waste, household trash, and garbage. |
| 23 | | (e) The fire chief or any other designated officer of a |
| 24 | | fire department of any fire protection district incorporated |
| 25 | | under this Act may fix, charge, and collect fees associated |
| 26 | | with the fire department extinguishing an open burning that is |
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| 1 | | prohibited under subsection (d) of this Section. The fee may be |
| 2 | | imposed against any person causing or engaging in the |
| 3 | | prohibited activity. The total amount collected for |
| 4 | | compensation of the fire protection district shall be assessed |
| 5 | | in accordance with both the rates provided in Section 11f(c) of |
| 6 | | this Act and the fire chief's determination of the cost of |
| 7 | | personnel and equipment utilized to extinguish the fire. |
| 8 | | (f) This Section does not authorize the open burning of any |
| 9 | | waste. The open burning of waste is subject to the restrictions |
| 10 | | and prohibitions of the Environmental Protection Act and the |
| 11 | | rules and regulations adopted under its authority. |
| 12 | | (Source: P.A. 97-488, eff. 1-1-12; 98-279, eff. 8-9-13; revised |
| 13 | | 10-8-13.)
|
| 14 | | (70 ILCS 705/11j) |
| 15 | | Sec. 11j. Installation of access or key boxes. The board of |
| 16 | | trustees of any fire protection district may, by ordinance, |
| 17 | | require the installation of an access or key box if: (1) a |
| 18 | | structure is protected by an automatic fire alarm or security |
| 19 | | system or access to or within the structure or area is unduly |
| 20 | | difficult because of secured openings; and (2) immediate access |
| 21 | | is necessary for life-saving purposes. In the case of a health |
| 22 | | care facility that is secured by an electronic code box that is |
| 23 | | in good working order, if the owner of the health care facility |
| 24 | | provides the fire department with a valid access code, then |
| 25 | | that health care facility is not required to be accessible by |
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| 1 | | an access or key box. For the purposes of this Section, "health |
| 2 | | care facility" means: a hospital licensed under the Hospital |
| 3 | | Licensing Act or the University of Illinois Hospital Act; a |
| 4 | | nursing home or long-term care facility licensed under the |
| 5 | | Nursing Home Care Act; an assisted living establishment, as |
| 6 | | defined in the Assisted Living and Shared Housing Act; a mental |
| 7 | | health facility, as defined in the Mental Health and |
| 8 | | Developmental Disabilities Code; a supportive living facility |
| 9 | | certified to participate in the supportive living facilities |
| 10 | | program under Section 5-5.01a of the Illinois Public Aid Code; |
| 11 | | or a facility licensed under the Specialized Mental Health |
| 12 | | Rehabilitation Act of 2013. "Access or key box" means a secure |
| 13 | | device with a lock operable only by a fire department master |
| 14 | | key, and containing building entry keys and other keys that may |
| 15 | | be required for access in an emergency. |
| 16 | | The access or key box shall be of an approved type listed |
| 17 | | in accordance with the most recently published version of the |
| 18 | | standard Underwriters Laboratories 1037 and shall contain keys |
| 19 | | to gain access as required by the fire chief of the fire |
| 20 | | protection district, or his or her designee. |
| 21 | | An ordinance enacted under this Section may specify |
| 22 | | particular classes or types of structures or occupancies that |
| 23 | | are required to install an access or key box. However, an |
| 24 | | ordinance enacted under this Section shall not apply to single |
| 25 | | family residential structures or to facilities owned or |
| 26 | | operated by a public utility, as that term is defined under |
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| 1 | | Section 3-105 of the Public Utilities Act.
|
| 2 | | (Source: P.A. 98-388, eff. 8-16-13; revised 10-8-13.)
|
| 3 | | Section 250. The Park District Code is amended by changing |
| 4 | | Section 11.2-1 as follows:
|
| 5 | | (70 ILCS 1205/11.2-1) (from Ch. 105, par. 11.2-1)
|
| 6 | | Sec. 11.2-1.
In each park district a fund to be known as a |
| 7 | | "Working
Cash Fund" may be created, set apart, maintained and |
| 8 | | administered in the
manner prescribed in this Article, for the |
| 9 | | purpose of enabling the district
to have in its treasury at all |
| 10 | | times time sufficient money to meet demands thereon
for |
| 11 | | ordinary and necessary expenditures for corporate purposes.
|
| 12 | | (Source: P.A. 79-1379; revised 9-24-13.)
|
| 13 | | Section 255. The Elmwood Park Grade Separation Authority |
| 14 | | Act is amended by changing Sections 10, 50, and 60 as follows:
|
| 15 | | (70 ILCS 1935/10)
|
| 16 | | Sec. 10. Legislative declaration. The General Assembly |
| 17 | | declares that the welfare, health, prosperity, and moral and |
| 18 | | general well being of the people of the State are, in large |
| 19 | | measure, dependent upon the sound and orderly development of |
| 20 | | municipal areas. The Village of Elmwood Park, by reason of the |
| 21 | | location there of Grand Avenue and its use for vehicular travel |
| 22 | | in access to the entire west metropolitan Chicago area, |
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| 1 | | including municipalities in 2 counties, as well as commercial |
| 2 | | and industrial growth patterns and accessibility to O'Hare |
| 3 | | International Airport, manufacturing and freight related |
| 4 | | services, has become and will increasingly be the hub of |
| 5 | | transportation from all parts of the region and throughout the |
| 6 | | west metropolitan area. Motor vehicle traffic, pedestrian |
| 7 | | travel, and the safety of both motorists and pedestrians are |
| 8 | | substantially aggravated by the location of a major railroad |
| 9 | | right-of-way that divides the Village into north and south |
| 10 | | halves. The presence of the railroad right-of-way has |
| 11 | | effectively impeded the development of highway usage and |
| 12 | | rights-of-way and is detrimental to the orderly expansion of |
| 13 | | industry and commerce and to progress throughout the region. |
| 14 | | Additionally, the railroad grade crossing located on Grand |
| 15 | | Avenue within the Village of Elmwood Park has posed a |
| 16 | | significant safety hazard to the public. The Illinois Commerce |
| 17 | | Commission Collision History illustrates that there have been 8 |
| 18 | | fatalities and 29 injuries since 1956 at the railroad grade |
| 19 | | crossing located on Grand Avenue within the Village. The |
| 20 | | presence of the railroad right-of-way at grade crossing within |
| 21 | | the Village is detrimental to the safety of the public, as well |
| 22 | | as to the orderly expansion of industry and commerce and to |
| 23 | | progress of the region. To alleviate this situation, it is |
| 24 | | necessary to separate the grade crossing on Grand Avenue within |
| 25 | | the Village, to relocate the railroad tracks and right-of-way, |
| 26 | | and to acquire property for separation of the railroad or |
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| 1 | | highway, and to create an agency to facilitate and accomplish |
| 2 | | that grade separation.
|
| 3 | | (Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
|
| 4 | | (70 ILCS 1935/50)
|
| 5 | | Sec. 50. Board; composition; qualification; compensation |
| 6 | | and expenses. The Authority shall be governed by a 9-member |
| 7 | | board consisting of members appointed by the Governor with the |
| 8 | | advice and consent of the Senate. Five members shall be voting |
| 9 | | members and 4 members shall be non-voting members. The voting |
| 10 | | members shall consist of the following: |
| 11 | | (1) two former public officials who served within the |
| 12 | | Township of Leyden or the Village of Elmwood Park and are |
| 13 | | recommended to the Governor by the Village President of the |
| 14 | | Village of Elmwood Park; |
| 15 | | (2) two prior employees of Canadian Pacific Railway |
| 16 | | with management experience; and |
| 17 | | (3) one resident of the Township of Leyden or the |
| 18 | | Village of Elmwood Park. |
| 19 | | The non-voting members shall consist of the following: |
| 20 | | (1) the Village President of the Village of Elmwood |
| 21 | | Park; |
| 22 | | (2) one current employee of Canadian Pacific Railway |
| 23 | | with management experience; |
| 24 | | (3) one current employee of Northeast Illinois |
| 25 | | Regional Commuter Railroad Corporation with management |
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| 1 | | experience; and |
| 2 | | (4) one current employee of the Department of |
| 3 | | Transportation with management experience. |
| 4 | | The members of the board shall serve without compensation, |
| 5 | | but may be reimbursed for actual expenses incurred by them in |
| 6 | | the performance of their duties prescribed by the Authority. |
| 7 | | However, any member of the board who serves as secretary or |
| 8 | | treasurer may receive compensation for services as that |
| 9 | | officer.
|
| 10 | | (Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
|
| 11 | | (70 ILCS 1935/60)
|
| 12 | | Sec. 60. Organization; chair and temporary secretary. As |
| 13 | | soon as possible after the effective date of this amendatory |
| 14 | | Act of the 98th General Assembly, the board shall organize for |
| 15 | | the transaction of business, select a chair from its voting |
| 16 | | members and a temporary secretary from its own number, and |
| 17 | | adopt bylaws to govern its proceedings. The initial chair and |
| 18 | | successors shall be elected by the board from time to time from |
| 19 | | among members. The Authority may act through its board members |
| 20 | | by entering into an agreement that a member act on the |
| 21 | | Authority's behalf, in which instance the act or performance |
| 22 | | directed shall be deemed to be exclusively of, for, and by the |
| 23 | | Authority and not the individual act of the member or its |
| 24 | | represented person.
|
| 25 | | (Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
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| 1 | | Section 260. The Rescue Squad Districts Act is amended by |
| 2 | | changing Section 12 as follows:
|
| 3 | | (70 ILCS 2005/12) (from Ch. 85, par. 6862)
|
| 4 | | Sec. 12.
A district organized under
this Act, in the |
| 5 | | preparation of its annual budget and appropriation ordinance,
|
| 6 | | may provide that an amount equal to not more than 0.5%
of the |
| 7 | | total equalized assessed value of real property situated in the |
| 8 | | district
shall be allocated to and accumulated in an a |
| 9 | | Equipment Repair or
Replacement Fund for the purposes of |
| 10 | | equipment repairs
or replacements of specific types of district |
| 11 | | equipment.
Expenditures from the Equipment Repair or
|
| 12 | | Replacement Fund shall be budgeted and appropriated for the |
| 13 | | fiscal year
in which the equipment repair or replacement will |
| 14 | | occur. Upon
completion or abandonment of any object or purpose |
| 15 | | for which an Equipment
Repair or Replacement Fund has been |
| 16 | | initiated, monies remaining in the
fund shall be transferred |
| 17 | | into the general corporate fund of the district on
the first |
| 18 | | day of the fiscal year following the abandonment or completion
|
| 19 | | resulting in the surplus moneys in such fund.
|
| 20 | | (Source: P.A. 86-916; revised 10-8-13.)
|
| 21 | | Section 265. The Regional Transportation Authority Act is |
| 22 | | amended by changing Section 3B.09b as follows:
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| 1 | | (70 ILCS 3615/3B.09b) |
| 2 | | Sec. 3B.09b. Payment of fares by credit card. |
| 3 | | (a) By February 28, 2010, the Commuter Rail Board shall |
| 4 | | allow passengers to purchase fares by credit card (i) through |
| 5 | | an Internet website operated by the Board, (ii) at its LaSalle |
| 6 | | Street Station, Union Station, Ogilvie Transportation Center, |
| 7 | | and Millennium Millenium Station, (iii) at stations with |
| 8 | | agents, and (iv) from vending machines capable of providing |
| 9 | | fares by credit card at the 14 largest stations on the Metra |
| 10 | | Electric Line. |
| 11 | | (b) The Board may not require a passenger who chooses to |
| 12 | | purchase a fare by credit card to pay an additional fee.
|
| 13 | | (Source: P.A. 96-621, eff. 1-1-10; revised 9-13-13.)
|
| 14 | | Section 270. The School Code is amended by setting forth |
| 15 | | and renumbering multiple versions of Section 2-3.157 and by |
| 16 | | changing Sections 10-19, 20-1, 21B-30, and 27-24 as follows:
|
| 17 | | (105 ILCS 5/2-3.157) |
| 18 | | Sec. 2-3.157. (Repealed). |
| 19 | | (Source: P.A. 98-578, eff. 8-27-13. Repealed internally, eff. |
| 20 | | 1-2-14.)
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| 21 | | (105 ILCS 5/2-3.158) |
| 22 | | (Section scheduled to be repealed on May 31, 2015) |
| 23 | | Sec. 2-3.158 2-3.157. Task Force on Civic Education. |
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| 1 | | (a) The State Board of Education shall establish the Task |
| 2 | | Force on Civic Education, to be comprised of all of the |
| 3 | | following members, with an emphasis on bipartisan legislative |
| 4 | | representation and diverse non-legislative stakeholder |
| 5 | | representation: |
| 6 | | (1) One member appointed by the Speaker of the House of |
| 7 | | Representatives. |
| 8 | | (2) One member appointed by the President of the |
| 9 | | Senate. |
| 10 | | (3) One member appointed by the Minority Leader of the |
| 11 | | House of Representatives. |
| 12 | | (4) One member appointed by the Minority Leader of the |
| 13 | | Senate. |
| 14 | | (5) One member appointed by the head of an association |
| 15 | | representing a teachers union. |
| 16 | | (6) One member appointed by the head of an association |
| 17 | | representing the Chicago Teachers Union. |
| 18 | | (7) One member appointed by the head of an association |
| 19 | | representing social studies teachers. |
| 20 | | (8) One member appointed by the head of an association |
| 21 | | representing school boards. |
| 22 | | (9) One member appointed by the head of an association |
| 23 | | representing the media. |
| 24 | | (10) One member appointed by the head of an association |
| 25 | | representing the non-profit sector that promotes civic |
| 26 | | education as a core mission. |
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| 1 | | (11) One member appointed by the head of an association |
| 2 | | representing the non-profit sector that promotes civic |
| 3 | | engagement among the general public. |
| 4 | | (12) One member appointed by the president of an |
| 5 | | institution of higher education who teaches college or |
| 6 | | graduate-level government courses or facilitates a program |
| 7 | | dedicated to cultivating civic leaders. |
| 8 | | (13) One member appointed by the head of an association |
| 9 | | representing principals or district superintendents. |
| 10 | | (b) The members of the Task Force shall serve without |
| 11 | | compensation but shall be reimbursed for their reasonable and |
| 12 | | necessary expenses from funds appropriated to the State Board |
| 13 | | of Education for that purpose. The members of the Task Force |
| 14 | | shall be reimbursed for their travel expenses from |
| 15 | | appropriations to the State Board of Education available for |
| 16 | | that purpose and subject to the rules of the appropriate travel |
| 17 | | control board. |
| 18 | | (c) The members of the Task Force shall be considered |
| 19 | | members with voting rights. A quorum of the Task Force shall |
| 20 | | consist of a simple majority of the members of the Task Force. |
| 21 | | All actions and recommendations of the Task Force must be |
| 22 | | approved by a simple majority vote of the members. |
| 23 | | (d) The Task Force shall meet initially at the call of the |
| 24 | | State Superintendent of Education, shall elect one member as |
| 25 | | chairperson at its initial meeting through a simple majority |
| 26 | | vote of the Task Force, and shall thereafter meet at the call |
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| 1 | | of the chairperson. |
| 2 | | (e) The State Board of Education shall provide |
| 3 | | administrative and other support to the Task Force. |
| 4 | | (f) The Task Force is charged with all of the following |
| 5 | | tasks: |
| 6 | | (1) To analyze the current state of civic education in |
| 7 | | this State. |
| 8 | | (2) To analyze current civic education laws in other |
| 9 | | jurisdictions, both mandated and permissive. |
| 10 | | (3) To identify best practices in civic education in |
| 11 | | other jurisdictions. |
| 12 | | (4) To make recommendations to the General Assembly |
| 13 | | focused on substantially increasing civic literacy and the |
| 14 | | capacity of youth to obtain the requisite knowledge, |
| 15 | | skills, and practices to be civically informed members of |
| 16 | | the public. |
| 17 | | (5) To make funding recommendations if the Task Force's |
| 18 | | recommendations to the General Assembly would require a |
| 19 | | fiscal commitment. |
| 20 | | (g) No later than May 31, 2014, the Task Force shall |
| 21 | | summarize its findings and recommendations in a report to the |
| 22 | | General Assembly, filed as provided in Section 3.1 of the |
| 23 | | General Assembly Organization Act. Upon filing its report, the |
| 24 | | Task Force is dissolved. |
| 25 | | (h) This Section is repealed on May 31, 2015.
|
| 26 | | (Source: P.A. 98-301, eff. 8-9-13; revised 10-4-13.)
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| 1 | | (105 ILCS 5/2-3.159) |
| 2 | | Sec. 2-3.159 2-3.157. State Seal of Biliteracy. |
| 3 | | (a) In this Section, "foreign language" means any language |
| 4 | | other than English, including all modern languages, Latin, |
| 5 | | American Sign Language, Native American languages, and native |
| 6 | | languages. |
| 7 | | (b) The State Seal of Biliteracy program is established to |
| 8 | | recognize public high school graduates who have attained a high |
| 9 | | level of proficiency in one or more languages in addition to |
| 10 | | English. The State Seal of Biliteracy shall be awarded |
| 11 | | beginning with the 2014-2015 school year. School district |
| 12 | | participation in this program is voluntary. |
| 13 | | (c) The purposes of the State Seal of Biliteracy are as |
| 14 | | follows: |
| 15 | | (1) To encourage pupils to study languages. |
| 16 | | (2) To certify attainment of biliteracy. |
| 17 | | (3) To provide employers with a method of identifying |
| 18 | | people with language and biliteracy skills. |
| 19 | | (4) To provide universities with an additional method |
| 20 | | to recognize applicants seeking admission. |
| 21 | | (5) To prepare pupils with 21st century skills. |
| 22 | | (6) To recognize the value of foreign language and |
| 23 | | native language instruction in public schools. |
| 24 | | (7) To strengthen intergroup relationships, affirm the |
| 25 | | value of diversity, and honor the multiple cultures and |
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| 1 | | languages of a community. |
| 2 | | (d) The State Seal of Biliteracy certifies attainment of a |
| 3 | | high
level of proficiency, sufficient for meaningful use in |
| 4 | | college and a career, by a graduating public high school pupil |
| 5 | | in one or more
languages in addition to English. |
| 6 | | (e) The State Board of Education shall adopt such rules as |
| 7 | | may be necessary to establish the criteria that pupils must |
| 8 | | achieve to earn a State Seal of Biliteracy, which may include |
| 9 | | without limitation attainment of units of credit in English |
| 10 | | language arts and languages other than English and passage of |
| 11 | | such assessments of foreign language proficiency as may be |
| 12 | | approved by the State Board of Education for this purpose. |
| 13 | | (f) The State Board of Education shall do both of the |
| 14 | | following: |
| 15 | | (1) Prepare and deliver to participating school |
| 16 | | districts an appropriate mechanism for designating the |
| 17 | | State Seal of Biliteracy on the diploma and transcript of |
| 18 | | the pupil indicating that the pupil has been awarded a |
| 19 | | State Seal of Biliteracy by the State Board of Education. |
| 20 | | (2) Provide other information the State Board of |
| 21 | | Education deems necessary for school districts to |
| 22 | | successfully participate in the program. |
| 23 | | (g) A school district that participates in the program |
| 24 | | under this
Section shall do both of the following: |
| 25 | | (1) Maintain appropriate records in order to identify |
| 26 | | pupils who have earned a State Seal of Biliteracy. |
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| 1 | | (2) Make the appropriate designation on the diploma and |
| 2 | | transcript of each pupil who earns a State Seal of |
| 3 | | Biliteracy. |
| 4 | | (h) No fee shall be charged to a pupil to receive the |
| 5 | | designation pursuant to this Section. Notwithstanding this |
| 6 | | prohibition, costs may be incurred by the pupil in |
| 7 | | demonstrating proficiency, including without limitation any |
| 8 | | assessments required under subsection (e) of this Section.
|
| 9 | | (Source: P.A. 98-560, eff. 8-27-13; revised 10-4-13.)
|
| 10 | | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
|
| 11 | | Sec. 10-19. Length of school term - experimental programs. |
| 12 | | Each school
board shall annually prepare a calendar for the |
| 13 | | school term, specifying
the opening and closing dates and |
| 14 | | providing a minimum term of at least 185
days to insure 176 |
| 15 | | days of actual pupil attendance, computable under Section
|
| 16 | | 18-8.05, except that for the 1980-1981 school year only 175 |
| 17 | | days
of actual
pupil attendance shall be required because of |
| 18 | | the closing of schools pursuant
to Section 24-2 on January 29, |
| 19 | | 1981 upon the appointment by the President
of that day as a day |
| 20 | | of thanksgiving for the freedom of the Americans who
had been |
| 21 | | held hostage in Iran. Any days allowed by law for teachers' |
| 22 | | institutes
institute but not used as such or used as parental |
| 23 | | institutes as provided
in Section 10-22.18d shall increase the |
| 24 | | minimum term by the school days not
so used. Except as provided |
| 25 | | in Section 10-19.1, the board may not extend
the school term |
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| 1 | | beyond such closing date unless that extension of term is
|
| 2 | | necessary to provide the minimum number of computable days. In |
| 3 | | case of
such necessary extension school employees
shall be paid |
| 4 | | for such additional time on the basis of their regular
|
| 5 | | contracts. A school board may specify a closing date earlier |
| 6 | | than that
set on the annual calendar when the schools of the |
| 7 | | district have
provided the minimum number of computable days |
| 8 | | under this Section.
Nothing in this Section prevents the board |
| 9 | | from employing
superintendents of schools, principals and |
| 10 | | other nonteaching personnel
for a period of 12 months, or in |
| 11 | | the case of superintendents for a
period in accordance with |
| 12 | | Section 10-23.8, or prevents the board from
employing other |
| 13 | | personnel before or after the regular school term with
payment |
| 14 | | of salary proportionate to that received for comparable work
|
| 15 | | during the school term.
|
| 16 | | A school board may make such changes in its calendar for |
| 17 | | the school term
as may be required by any changes in the legal |
| 18 | | school holidays prescribed
in Section 24-2. A school board may |
| 19 | | make changes in its calendar for the
school term as may be |
| 20 | | necessary to reflect the utilization of teachers'
institute |
| 21 | | days as parental institute days as provided in Section |
| 22 | | 10-22.18d.
|
| 23 | | The calendar for the school term and any changes must be |
| 24 | | submitted to and approved by the regional superintendent of |
| 25 | | schools before the calendar or changes may take effect.
|
| 26 | | With the prior approval of the State Board of Education and |
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| 1 | | subject
to review by the State Board of Education every 3 |
| 2 | | years, any school
board may, by resolution of its board and in |
| 3 | | agreement with affected
exclusive collective bargaining |
| 4 | | agents, establish experimental
educational programs, including |
| 5 | | but not limited to programs for
self-directed learning or |
| 6 | | outside of formal class periods, which programs
when so |
| 7 | | approved shall be considered to comply with the requirements of
|
| 8 | | this Section as respects numbers of days of actual pupil |
| 9 | | attendance and
with the other requirements of this Act as |
| 10 | | respects courses of instruction.
|
| 11 | | (Source: P.A. 93-1036, eff. 9-14-04; revised 11-12-13.)
|
| 12 | | (105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
|
| 13 | | Sec. 20-1. Authority to create working cash fund. In each |
| 14 | | school district,
whether organized under general law or special |
| 15 | | charter, having a population
of less than 500,000 inhabitants, |
| 16 | | a fund to be known as a "Working Cash
Fund" may be created and |
| 17 | | maintained consistent with the limitations of this Article, for |
| 18 | | the purpose of enabling the district to have in its
treasury at |
| 19 | | all times time sufficient money to meet demands thereon for |
| 20 | | expenditures for corporate purposes.
|
| 21 | | (Source: P.A. 96-1277, eff. 7-26-10; revised 9-12-13.)
|
| 22 | | (105 ILCS 5/21B-30)
|
| 23 | | Sec. 21B-30. Educator testing. |
| 24 | | (a) This Section applies beginning on July 1, 2012. |
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| 1 | | (b) The State Board of Education, in consultation with the |
| 2 | | State Educator Preparation and Licensure Board, shall design |
| 3 | | and implement a system of examinations, which shall be required |
| 4 | | prior to the issuance of educator licenses. These examinations |
| 5 | | and indicators must be based on national and State professional |
| 6 | | teaching standards, as determined by the State Board of |
| 7 | | Education, in consultation with the State Educator Preparation |
| 8 | | and Licensure Board. The State Board of Education may adopt |
| 9 | | such rules as may be necessary to implement and administer this |
| 10 | | Section. No score on a test required under this Section, other |
| 11 | | than a test of basic skills, shall be more than 5 years old at |
| 12 | | the time that an individual makes application for an educator |
| 13 | | license or endorsement. |
| 14 | | (c) Applicants seeking a Professional Educator License or |
| 15 | | an Educator License with Stipulations shall be required to pass |
| 16 | | a test of basic skills before the license is issued, unless the |
| 17 | | endorsement the individual is seeking does not require passage |
| 18 | | of the test. All applicants completing Illinois-approved, |
| 19 | | teacher education or school service personnel preparation |
| 20 | | programs shall be required to pass the State Board of |
| 21 | | Education's recognized test of basic skills prior to starting |
| 22 | | their student teaching or starting the final semester of their |
| 23 | | internship, unless required earlier at the discretion of the |
| 24 | | recognized, Illinois institution in which they are completing |
| 25 | | their approved program. An individual who passes a test of |
| 26 | | basic skills does not need to do so again for subsequent |
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| 1 | | endorsements or other educator licenses. |
| 2 | | (d) All applicants seeking a State license shall be |
| 3 | | required to pass a test of content area knowledge for each area |
| 4 | | of endorsement for which there is an applicable test. There |
| 5 | | shall be no exception to this requirement. No candidate shall |
| 6 | | be allowed to student teach or serve as the teacher of record |
| 7 | | until he or she has passed the applicable content area test. |
| 8 | | (e) All applicants seeking a State license endorsed in a |
| 9 | | teaching field shall pass the assessment of professional |
| 10 | | teaching (APT). Passage of the APT is required for completion |
| 11 | | of an approved Illinois educator preparation program. |
| 12 | | (f) Beginning on September 1, 2015, all candidates |
| 13 | | completing teacher preparation programs in this State are |
| 14 | | required to pass an evidence-based assessment of teacher |
| 15 | | effectiveness approved by the State Board of Education, in |
| 16 | | consultation with the State Educator Preparation and Licensure |
| 17 | | Board. All recognized institutions offering approved teacher |
| 18 | | preparation programs must begin phasing in the approved teacher |
| 19 | | performance assessment no later than July 1, 2013. |
| 20 | | (g) Tests of basic skills and content area knowledge and |
| 21 | | the assessment of professional teaching shall be the tests that |
| 22 | | from time to time are designated by the State Board of |
| 23 | | Education, in consultation with the State Educator Preparation |
| 24 | | and Licensure Board, and may be tests prepared by an |
| 25 | | educational testing organization or tests designed by the State |
| 26 | | Board of Education, in consultation with the State Educator |
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| 1 | | Preparation and Licensure Board. The areas to be covered by a |
| 2 | | test of basic skills shall include reading, language arts, and |
| 3 | | mathematics. The test of content area knowledge shall assess |
| 4 | | content knowledge in a specific subject field. The tests must |
| 5 | | be designed to be racially neutral to ensure that no person |
| 6 | | taking the tests is discriminated against on the basis of race, |
| 7 | | color, national origin, or other factors unrelated to the |
| 8 | | person's ability to perform as a licensed employee. The score |
| 9 | | required to pass the tests shall be fixed by the State Board of |
| 10 | | Education, in consultation with the State Educator Preparation |
| 11 | | and Licensure Board. The tests shall be administered not fewer |
| 12 | | than 3 times a year at such time and place as may be designated |
| 13 | | by the State Board of Education, in consultation with the State |
| 14 | | Educator Preparation and Licensure Board. |
| 15 | | The State Board shall implement a test or tests to assess |
| 16 | | the speaking, reading, writing, and grammar skills of |
| 17 | | applicants for an endorsement or a license issued under |
| 18 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code |
| 19 | | in the English language and in the language of the transitional |
| 20 | | bilingual education program requested by the applicant. |
| 21 | | (h) Except as provided in Section 34-6 of this Code, the |
| 22 | | provisions of this Section shall apply equally in any school |
| 23 | | district subject to Article 34 of this Code. |
| 24 | | (i) The rules developed to implement and enforce the |
| 25 | | testing requirements under this Section shall include |
| 26 | | provisions governing test selection, test validation and |
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| 1 | | determination of a passing score, administration of the tests, |
| 2 | | frequency of administration, applicant fees, frequency of |
| 3 | | applicants taking the tests, the years for which a score is |
| 4 | | valid, and appropriate special accommodations. The State Board |
| 5 | | of Education shall develop such rules as may be needed to |
| 6 | | ensure uniformity from year to year in the level of difficulty |
| 7 | | for each form of an assessment.
|
| 8 | | (Source: P.A. 97-607, eff. 8-26-11; 98-361, eff. 1-1-14; |
| 9 | | 98-581, eff. 8-27-13; revised 9-9-13.)
|
| 10 | | (105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
|
| 11 | | Sec. 27-24. Short title. Sections 27-24 through 27-24.10 |
| 12 | | 27-24.8 of this Article are known and may be
cited as the |
| 13 | | Driver Education Act.
|
| 14 | | (Source: P.A. 76-1835; revised 11-14-13.)
|
| 15 | | Section 275. The Critical Health Problems and |
| 16 | | Comprehensive Health
Education Act is amended by changing |
| 17 | | Section 3 as follows:
|
| 18 | | (105 ILCS 110/3)
|
| 19 | | Sec. 3. Comprehensive Health Education Program. The |
| 20 | | program established
under this Act shall include, but not be |
| 21 | | limited to, the following major
educational areas as a basis |
| 22 | | for curricula in all elementary and secondary
schools in this |
| 23 | | State: human ecology and health, human growth and
development, |
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| 1 | | the emotional, psychological, physiological, hygienic and
|
| 2 | | social responsibilities of family life, including sexual |
| 3 | | abstinence until
marriage, prevention and control of disease, |
| 4 | | including instruction in
grades 6 through 12 on the prevention, |
| 5 | | transmission and spread of AIDS, age-appropriate sexual abuse |
| 6 | | and assault awareness and prevention education in grades |
| 7 | | pre-kindergarten through 12, public and environmental health, |
| 8 | | consumer health, safety education and
disaster survival, |
| 9 | | mental health and illness, personal health habits,
alcohol, |
| 10 | | drug use, and abuse including the medical and legal |
| 11 | | ramifications
of alcohol, drug, and tobacco use, abuse during |
| 12 | | pregnancy, evidence-based and medically accurate information |
| 13 | | regarding sexual
abstinence, tobacco, nutrition, and dental |
| 14 | | health. The program shall also provide course material and |
| 15 | | instruction to advise pupils of the Abandoned Newborn Infant |
| 16 | | Protection Act.
The program shall include information about |
| 17 | | cancer, including without limitation types of cancer, signs and |
| 18 | | symptoms, risk factors, the importance of early prevention and |
| 19 | | detection, and information on where to go for help. |
| 20 | | Notwithstanding the above educational areas, the following |
| 21 | | areas may also
be included as a basis for curricula in all |
| 22 | | elementary and secondary
schools in this State: basic first aid |
| 23 | | (including, but not limited to,
cardiopulmonary resuscitation |
| 24 | | and the Heimlich maneuver), heart disease, diabetes, stroke, |
| 25 | | the
prevention of child abuse, neglect, and suicide, and teen |
| 26 | | dating violence in grades 7 through 12. |
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| 1 | | The school board of each
public elementary and secondary |
| 2 | | school in the State
shall encourage all teachers and other |
| 3 | | school personnel to acquire,
develop, and maintain the |
| 4 | | knowledge and skills necessary to properly
administer |
| 5 | | life-saving techniques, including without limitation the
|
| 6 | | Heimlich maneuver and rescue breathing.
The training shall be |
| 7 | | in
accordance with standards of the
American Red Cross, the |
| 8 | | American Heart Association, or another nationally
recognized |
| 9 | | certifying organization.
A school board may use the
services of |
| 10 | | non-governmental entities whose personnel have expertise in
|
| 11 | | life-saving techniques to instruct teachers and other school |
| 12 | | personnel in
these techniques. Each school board
is encouraged |
| 13 | | to have in
its employ, or on its volunteer staff, at least one |
| 14 | | person who is certified, by
the American Red Cross or by |
| 15 | | another qualified certifying agency,
as qualified to |
| 16 | | administer first aid and
cardiopulmonary resuscitation. In |
| 17 | | addition, each school board is authorized to
allocate |
| 18 | | appropriate portions of its institute or inservice days to |
| 19 | | conduct
training programs for teachers and other school |
| 20 | | personnel who have expressed an
interest in becoming qualified |
| 21 | | to administer emergency first aid or
cardiopulmonary |
| 22 | | resuscitation. School boards are urged to
encourage their |
| 23 | | teachers and other school personnel who coach school athletic
|
| 24 | | programs and other extracurricular school activities to |
| 25 | | acquire, develop, and
maintain the knowledge and skills |
| 26 | | necessary to properly administer first aid
and cardiopulmonary |
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| 1 | | resuscitation in accordance with standards and requirements
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| 2 | | established by the American Red Cross or another qualified |
| 3 | | certifying agency. Subject to appropriation, the State Board of |
| 4 | | Education shall establish and administer a matching grant |
| 5 | | program to pay for half of the cost that a school district |
| 6 | | incurs in training those teachers and other school personnel |
| 7 | | who express an interest in becoming qualified to administer |
| 8 | | cardiopulmonary resuscitation (which training must be in
|
| 9 | | accordance with standards of the
American Red Cross, the |
| 10 | | American Heart Association, or another nationally
recognized |
| 11 | | certifying organization) or in learning how to use an automated |
| 12 | | external defibrillator. A school district that applies for a |
| 13 | | grant must demonstrate that it has funds to pay half of the |
| 14 | | cost of the training for which matching grant money is sought. |
| 15 | | The State Board of Education shall award the grants on a |
| 16 | | first-come, first-serve basis.
|
| 17 | | No pupil shall be
required to take or participate in any |
| 18 | | class or course on AIDS or family
life instruction if his |
| 19 | | parent or guardian submits written objection
thereto, and |
| 20 | | refusal to take or participate in the course or program shall
|
| 21 | | not be reason for suspension or expulsion of the pupil.
|
| 22 | | Curricula developed under programs established in |
| 23 | | accordance with this
Act in the major educational area of |
| 24 | | alcohol and drug use and abuse shall
include classroom |
| 25 | | instruction in grades 5 through 12. The instruction,
which |
| 26 | | shall include matters relating to both the physical and legal |
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| 1 | | effects
and ramifications of drug and substance abuse, shall be |
| 2 | | integrated into
existing curricula; and the State Board of |
| 3 | | Education shall develop and make
available to all elementary |
| 4 | | and secondary schools in this State
instructional materials and |
| 5 | | guidelines which will assist the schools in
incorporating the |
| 6 | | instruction into their existing curricula. In
addition, school |
| 7 | | districts may offer, as part of existing curricula during
the |
| 8 | | school day or as part of an after school program, support |
| 9 | | services and
instruction for pupils or pupils whose parent, |
| 10 | | parents, or guardians are
chemically dependent.
|
| 11 | | (Source: P.A. 97-1147, eff. 1-24-13; 98-190, eff. 8-6-13; |
| 12 | | 98-441, eff. 1-1-14; revised 9-9-13.)
|
| 13 | | Section 280. The Public Community College Act is amended by |
| 14 | | changing Section 2-16.02 as follows:
|
| 15 | | (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
|
| 16 | | Sec. 2-16.02. Grants. Any community college district that |
| 17 | | maintains a
community college recognized by the State Board |
| 18 | | shall receive, when eligible,
grants enumerated in this |
| 19 | | Section. Funded semester credit hours or other
measures or both |
| 20 | | as specified by the State Board shall be used to distribute
|
| 21 | | grants to community colleges. Funded semester credit hours |
| 22 | | shall be defined,
for purposes of this Section, as the greater |
| 23 | | of
(1) the number of semester credit hours, or equivalent, in |
| 24 | | all funded
instructional categories of students who have been |
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| 1 | | certified as being in
attendance at midterm during the |
| 2 | | respective terms of the base fiscal year or
(2) the average of |
| 3 | | semester credit hours, or equivalent, in all funded
|
| 4 | | instructional categories of students who have been certified as |
| 5 | | being in
attendance at midterm during the respective terms of |
| 6 | | the base fiscal year and
the 2 prior fiscal years. For purposes |
| 7 | | of this Section, "base fiscal year"
means the fiscal year 2 |
| 8 | | years prior to the fiscal year for which the grants are
|
| 9 | | appropriated. Such students shall have been residents of |
| 10 | | Illinois and shall
have been enrolled in courses that are part |
| 11 | | of instructional program categories
approved by the State Board |
| 12 | | and that are applicable toward an associate degree
or |
| 13 | | certificate.
Courses that are eligible for reimbursement are |
| 14 | | those courses for which
the district pays 50% or more of the |
| 15 | | program costs from unrestricted
revenue sources, with the |
| 16 | | exception of courses offered by contract with
the Department of |
| 17 | | Corrections in correctional institutions. For the
purposes of |
| 18 | | this Section, "unrestricted revenue sources" means those
|
| 19 | | revenues in which the provider of the revenue imposes no |
| 20 | | financial
limitations upon the district as it relates to the |
| 21 | | expenditure of the funds. Except for Fiscal Year 2012, base |
| 22 | | operating grants shall be paid based on rates per funded
|
| 23 | | semester credit hour or equivalent calculated by the State |
| 24 | | Board for funded
instructional categories using cost of |
| 25 | | instruction, enrollment, inflation, and
other relevant |
| 26 | | factors. For Fiscal Year 2012, the allocations for base |
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| 1 | | operating grants to community college districts shall be the |
| 2 | | same as they were in Fiscal Year 2011, reduced or increased |
| 3 | | proportionately according to the appropriation for base |
| 4 | | operating grants for Fiscal Year 2012.
|
| 5 | | Equalization grants shall be calculated by the State Board |
| 6 | | by determining a
local revenue factor for each district by: (A) |
| 7 | | adding (1)
each district's Corporate Personal Property |
| 8 | | Replacement Fund
allocations from the base
fiscal year or the |
| 9 | | average of the base fiscal year and prior year, whichever is
|
| 10 | | less, divided by the applicable statewide average tax rate to |
| 11 | | (2) the
district's most recently audited
year's equalized |
| 12 | | assessed valuation or the average of the most recently audited
|
| 13 | | year and prior year, whichever is less, (B) then dividing by |
| 14 | | the district's
audited full-time equivalent resident students |
| 15 | | for the base fiscal year or the
average for the base fiscal |
| 16 | | year and the 2 prior fiscal years, whichever is
greater, and |
| 17 | | (C) then multiplying by the applicable statewide average tax
|
| 18 | | rate. The State Board
shall calculate a statewide weighted |
| 19 | | average threshold by applying
the same methodology to the |
| 20 | | totals of all districts' Corporate Personal
Property Tax |
| 21 | | Replacement Fund allocations, equalized assessed valuations, |
| 22 | | and
audited full-time equivalent district resident students |
| 23 | | and multiplying by the
applicable statewide average tax rate. |
| 24 | | The difference between the statewide
weighted average |
| 25 | | threshold and the local revenue
factor, multiplied by the |
| 26 | | number of full-time equivalent resident students,
shall |
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| 1 | | determine the amount of equalization funding that each district |
| 2 | | is
eligible to receive. A percentage factor, as determined by |
| 3 | | the State Board,
may be applied to the statewide threshold as a |
| 4 | | method for allocating
equalization funding. A minimum |
| 5 | | equalization grant of an amount per district
as determined by |
| 6 | | the State Board shall be established for any community college
|
| 7 | | district which qualifies for an equalization grant based upon |
| 8 | | the preceding
criteria, but becomes ineligible for |
| 9 | | equalization funding, or would have
received a grant of less |
| 10 | | than the minimum equalization grant, due to threshold
|
| 11 | | prorations applied to reduce equalization funding.
As of July |
| 12 | | 1, 2013, a community college district eligible to receive an |
| 13 | | equalization grant based upon the preceding criteria must |
| 14 | | maintain a
minimum required combined in-district tuition and |
| 15 | | universal fee rate per
semester credit hour equal to 70% of the |
| 16 | | State-average combined rate, as
determined by the State Board, |
| 17 | | or the total revenue received by the community college district |
| 18 | | from combined in-district tuition and universal fees must be at |
| 19 | | least 30% of the total revenue received by the community |
| 20 | | college district, as determined by the State Board, for |
| 21 | | equalization funding. As of July 1,
2004, a community college |
| 22 | | district must maintain a minimum required
operating tax rate |
| 23 | | equal to at least 95% of its maximum authorized tax
rate to |
| 24 | | qualify for equalization funding. This 95% minimum tax rate
|
| 25 | | requirement shall be based upon the maximum operating tax rate |
| 26 | | as
limited by the Property Tax Extension Limitation Law.
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| 1 | | The State Board shall distribute such other grants as may |
| 2 | | be
authorized or appropriated by the General Assembly.
|
| 3 | | Each community college district entitled to State grants |
| 4 | | under this
Section must submit a report of its enrollment to |
| 5 | | the State Board not later
than 30 days following the end of |
| 6 | | each semester, quarter, or term in a
format prescribed by the |
| 7 | | State Board. These semester credit hours, or
equivalent, shall |
| 8 | | be certified by each district on forms provided by the
State |
| 9 | | Board. Each district's certified semester credit hours, or |
| 10 | | equivalent,
are subject to audit pursuant to Section 3-22.1.
|
| 11 | | The State Board shall certify, prepare, and submit monthly |
| 12 | | vouchers to the State Comptroller
setting
forth an amount equal |
| 13 | | to one-twelfth of the grants approved by the State Board for |
| 14 | | base
operating grants and equalization grants. The State Board |
| 15 | | shall prepare and
submit to the State Comptroller vouchers for |
| 16 | | payments of other grants as
appropriated by the General |
| 17 | | Assembly. If the amount appropriated for grants
is different |
| 18 | | from the amount provided for such grants under this Act, the
|
| 19 | | grants shall be proportionately reduced or increased |
| 20 | | accordingly.
|
| 21 | | For the purposes of this Section, "resident student" means |
| 22 | | a student in a
community college district who maintains |
| 23 | | residency in that district or
meets other residency definitions |
| 24 | | established by the State Board, and who
was enrolled either in |
| 25 | | one of the approved instructional program categories
in that |
| 26 | | district, or in another community college district to which the
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| 1 | | resident's district is paying tuition under Section 6-2 or with |
| 2 | | which the
resident's district has entered into a cooperative |
| 3 | | agreement in lieu of such
tuition.
|
| 4 | | For the purposes of this Section, a "full-time equivalent" |
| 5 | | student is
equal to 30 semester credit hours.
|
| 6 | | The Illinois Community College Board Contracts and Grants |
| 7 | | Fund is hereby
created in the State Treasury. Items of income |
| 8 | | to this fund shall include
any grants, awards, endowments, or |
| 9 | | like proceeds, and where appropriate,
other funds made |
| 10 | | available through contracts with governmental, public, and
|
| 11 | | private agencies or persons. The General Assembly shall from |
| 12 | | time to time
make appropriations payable from such fund for the |
| 13 | | support, improvement,
and expenses of the State Board and |
| 14 | | Illinois community college
districts.
|
| 15 | | (Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46, |
| 16 | | eff. 6-28-13; revised 8-12-13.)
|
| 17 | | Section 285. The Pawnbroker Regulation Act is amended by |
| 18 | | changing Section 7 as follows:
|
| 19 | | (205 ILCS 510/7) (from Ch. 17, par. 4657)
|
| 20 | | Sec. 7. Daily report.
|
| 21 | | (a) Except as provided in subsection (b), it
shall be the |
| 22 | | duty of every pawnbroker to make
out and deliver to
the sheriff |
| 23 | | of the county in which such pawnbroker does business, on each
|
| 24 | | day before the hours of 12 o'clock noon, a legible and exact |
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| 1 | | copy from
the standard record book, as required in Section 5 of |
| 2 | | this Act, that lists
all personal property and any other |
| 3 | | valuable thing received
on deposit or
purchased during the |
| 4 | | preceding day, including the exact
time when
received or |
| 5 | | purchased, and a description of the person or person by whom
|
| 6 | | left in pledge, or from whom the same were purchased; provided, |
| 7 | | that in
cities or towns having 25,000 or more inhabitants,
a |
| 8 | | copy of
the such report shall at the same time also be |
| 9 | | delivered to the
superintendent of police or the chief police |
| 10 | | officer of such city or town.
Such report may be made by |
| 11 | | computer printout or input memory device if the
format has been |
| 12 | | approved by the local law enforcement agency.
|
| 13 | | (b) In counties with more than 3,000,000 inhabitants, a |
| 14 | | pawnbroker must
provide the daily report to the sheriff only if |
| 15 | | the pawnshop is located in an
unincorporated area of the |
| 16 | | county.
Pawnbrokers located in cities or towns in such counties |
| 17 | | must deliver such
reports to the superintendent of police or |
| 18 | | the chief police officer of such
city or town.
|
| 19 | | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98; revised |
| 20 | | 11-14-13.)
|
| 21 | | Section 290. The Alternative Health Care Delivery Act is |
| 22 | | amended by changing Section 30 as follows:
|
| 23 | | (210 ILCS 3/30)
|
| 24 | | Sec. 30. Demonstration program requirements. The |
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| 1 | | requirements set forth in
this Section shall apply to |
| 2 | | demonstration programs.
|
| 3 | | (a) (Blank).
|
| 4 | | (a-5) There shall be no more than the total number of |
| 5 | | postsurgical
recovery care centers with a certificate of need |
| 6 | | for beds as of January 1, 2008.
|
| 7 | | (a-10) There shall be no more than a total of 9 children's |
| 8 | | respite care
center alternative health care models in the |
| 9 | | demonstration program, which shall
be located as follows:
|
| 10 | | (1) Two in the City of Chicago.
|
| 11 | | (2) One in Cook County outside the City of Chicago.
|
| 12 | | (3) A total of 2 in the area comprised of DuPage, Kane, |
| 13 | | Lake, McHenry, and
Will counties.
|
| 14 | | (4) A total of 2 in municipalities with a population of |
| 15 | | 50,000 or more and
not
located in the areas described in |
| 16 | | paragraphs (1), (2), or (3).
|
| 17 | | (5) A total of 2 in rural areas, as defined by the |
| 18 | | Health Facilities
and Services Review Board.
|
| 19 | | No more than one children's respite care model owned and |
| 20 | | operated by a
licensed skilled pediatric facility shall be |
| 21 | | located in each of the areas
designated in this subsection |
| 22 | | (a-10).
|
| 23 | | (a-15) There shall be 5 authorized community-based |
| 24 | | residential
rehabilitation center alternative health care |
| 25 | | models in the demonstration
program.
|
| 26 | | (a-20) There shall be an authorized
Alzheimer's disease |
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| 1 | | management center alternative health care model in the
|
| 2 | | demonstration program. The Alzheimer's disease management |
| 3 | | center shall be
located in Will
County, owned by a
|
| 4 | | not-for-profit entity, and endorsed by a resolution approved by |
| 5 | | the county
board before the effective date of this amendatory |
| 6 | | Act of the 91st General
Assembly.
|
| 7 | | (a-25) There shall be no more than 10 birth center |
| 8 | | alternative health care
models in the demonstration program, |
| 9 | | located as follows:
|
| 10 | | (1) Four in the area comprising Cook, DuPage, Kane, |
| 11 | | Lake, McHenry, and
Will counties, one of
which shall be |
| 12 | | owned or operated by a hospital and one of which shall be |
| 13 | | owned
or operated by a federally qualified health center.
|
| 14 | | (2) Three in municipalities with a population of 50,000 |
| 15 | | or more not
located in the area described in paragraph (1) |
| 16 | | of this subsection, one of
which shall be owned or operated |
| 17 | | by a hospital and one of which shall be owned
or operated |
| 18 | | by a federally qualified health center.
|
| 19 | | (3) Three in rural areas, one of which shall be owned |
| 20 | | or operated by a
hospital and one of which shall be owned |
| 21 | | or operated by a federally qualified
health center.
|
| 22 | | The first 3 birth centers authorized to operate by the |
| 23 | | Department shall be
located in or predominantly serve the |
| 24 | | residents of a health professional
shortage area as determined |
| 25 | | by the United States Department of Health and Human
Services. |
| 26 | | There shall be no more than 2 birth centers authorized to |
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| 1 | | operate in
any single health planning area for obstetric |
| 2 | | services as determined under the
Illinois Health Facilities |
| 3 | | Planning Act. If a birth center is located outside
of a
health |
| 4 | | professional shortage area, (i) the birth center shall be |
| 5 | | located in a
health planning
area with a demonstrated need for |
| 6 | | obstetrical service beds, as determined by
the Health |
| 7 | | Facilities and Services Review Board or (ii) there must be a
|
| 8 | | reduction in
the existing number of obstetrical service beds in |
| 9 | | the planning area so that
the establishment of the birth center |
| 10 | | does not result in an increase in the
total number of |
| 11 | | obstetrical service beds in the health planning area.
|
| 12 | | (b) Alternative health care models, other than a model |
| 13 | | authorized under subsection (a-10) or
(a-20), shall obtain a |
| 14 | | certificate of
need from the Health Facilities and Services |
| 15 | | Review Board under the Illinois
Health Facilities Planning Act |
| 16 | | before receiving a license by the
Department.
If, after |
| 17 | | obtaining its initial certificate of need, an alternative |
| 18 | | health
care delivery model that is a community based |
| 19 | | residential rehabilitation center
seeks to
increase the bed |
| 20 | | capacity of that center, it must obtain a certificate of need
|
| 21 | | from the Health Facilities and Services Review Board before |
| 22 | | increasing the bed
capacity. Alternative
health care models in |
| 23 | | medically underserved areas
shall receive priority in |
| 24 | | obtaining a certificate of need.
|
| 25 | | (c) An alternative health care model license shall be |
| 26 | | issued for a
period of one year and shall be annually renewed |
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| 1 | | if the facility or
program is in substantial compliance with |
| 2 | | the Department's rules
adopted under this Act. A licensed |
| 3 | | alternative health care model that continues
to be in |
| 4 | | substantial compliance after the conclusion of the |
| 5 | | demonstration
program shall be eligible for annual renewals |
| 6 | | unless and until a different
licensure program for that type of |
| 7 | | health care model is established by
legislation, except that a |
| 8 | | postsurgical recovery care center meeting the following |
| 9 | | requirements may apply within 3 years after August 25, 2009 |
| 10 | | (the effective date of Public Act 96-669) for a Certificate of |
| 11 | | Need permit to operate as a hospital: |
| 12 | | (1) The postsurgical recovery care center shall apply |
| 13 | | to the Health Facilities and Services Review Board for a |
| 14 | | Certificate of Need permit to discontinue the postsurgical |
| 15 | | recovery care center and to establish a hospital. |
| 16 | | (2) If the postsurgical recovery care center obtains a |
| 17 | | Certificate of Need permit to operate as a hospital, it |
| 18 | | shall apply for licensure as a hospital under the Hospital |
| 19 | | Licensing Act and shall meet all statutory and regulatory |
| 20 | | requirements of a hospital. |
| 21 | | (3) After obtaining licensure as a hospital, any |
| 22 | | license as an ambulatory surgical treatment center and any |
| 23 | | license as a postsurgical post-surgical recovery care |
| 24 | | center shall be null and void. |
| 25 | | (4) The former postsurgical recovery care center that |
| 26 | | receives a hospital license must seek and use its best |
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| 1 | | efforts to maintain certification under Titles XVIII and |
| 2 | | XIX of the federal Social Security Act. |
| 3 | | The Department may issue a provisional license to any
|
| 4 | | alternative health care model that does not substantially |
| 5 | | comply with the
provisions of this Act and the rules adopted |
| 6 | | under this Act if (i)
the Department finds that the alternative |
| 7 | | health care model has undertaken
changes and corrections which |
| 8 | | upon completion will render the alternative
health care model |
| 9 | | in substantial compliance with this Act and rules and
(ii) the |
| 10 | | health and safety of the patients of the alternative
health |
| 11 | | care model will be protected during the period for which the |
| 12 | | provisional
license is issued. The Department shall advise the |
| 13 | | licensee of
the conditions under which the provisional license |
| 14 | | is issued, including
the manner in which the alternative health |
| 15 | | care model fails to comply with
the provisions of this Act and |
| 16 | | rules, and the time within which the changes
and corrections |
| 17 | | necessary for the alternative health care model to
|
| 18 | | substantially comply with this Act and rules shall be |
| 19 | | completed.
|
| 20 | | (d) Alternative health care models shall seek |
| 21 | | certification under Titles
XVIII and XIX of the federal Social |
| 22 | | Security Act. In addition, alternative
health care models shall |
| 23 | | provide charitable care consistent with that provided
by |
| 24 | | comparable health care providers in the geographic area.
|
| 25 | | (d-5) (Blank).
|
| 26 | | (e) Alternative health care models shall, to the extent |
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| 1 | | possible,
link and integrate their services with nearby health |
| 2 | | care facilities.
|
| 3 | | (f) Each alternative health care model shall implement a |
| 4 | | quality
assurance program with measurable benefits and at |
| 5 | | reasonable cost.
|
| 6 | | (Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, |
| 7 | | eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10; |
| 8 | | 96-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff. |
| 9 | | 7-14-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; revised |
| 10 | | 11-12-13.)
|
| 11 | | Section 295. The Illinois Clinical Laboratory and Blood |
| 12 | | Bank Act is amended by changing Section 7-101 as follows:
|
| 13 | | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
|
| 14 | | Sec. 7-101. Examination of specimens. A clinical |
| 15 | | laboratory shall examine
specimens only at the request of (i) a |
| 16 | | licensed physician, (ii) a
licensed dentist, (iii) a licensed |
| 17 | | podiatric physician, (iv) a licensed
optometrist,
(v) a |
| 18 | | licensed
physician assistant in
accordance with the written |
| 19 | | guidelines required under subdivision (3) of
Section 4 and |
| 20 | | under Section 7.5 of the Physician Assistant Practice Act of
|
| 21 | | 1987,
(v-A) an advanced practice nurse in accordance with the
|
| 22 | | written collaborative agreement required under Section 65-35 |
| 23 | | of the Nurse Practice Act,
(vi) an authorized law enforcement |
| 24 | | agency or, in the case of blood
alcohol, at the request of the |
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| 1 | | individual for whom the test is to be performed
in compliance |
| 2 | | with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code, |
| 3 | | or (vii) a genetic counselor with the specific authority from a |
| 4 | | referral to order a test or tests pursuant to subsection (b) of |
| 5 | | Section 20 of the Genetic Counselor Licensing Act.
If the |
| 6 | | request to a laboratory is oral, the physician or other |
| 7 | | authorized
person shall submit a written request to the |
| 8 | | laboratory within 48 hours. If
the laboratory does not receive |
| 9 | | the written request within that period, it
shall note that fact |
| 10 | | in its records. For purposes of this Section, a request
made by |
| 11 | | electronic mail or fax constitutes a written request.
|
| 12 | | (Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14; |
| 13 | | 98-214, eff. 8-9-13; revised 10-15-13.)
|
| 14 | | Section 300. The Abused and Neglected Long Term Care |
| 15 | | Facility Residents Reporting
Act is amended by changing Section |
| 16 | | 4 as follows:
|
| 17 | | (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
|
| 18 | | Sec. 4. Any long term care facility administrator, agent or |
| 19 | | employee
or any physician, hospital, surgeon, dentist, |
| 20 | | osteopath, chiropractor,
podiatric physician, accredited |
| 21 | | religious practitioner who provides treatment by spiritual |
| 22 | | means alone through prayer in accordance with the tenets and |
| 23 | | practices of the accrediting church, coroner, social worker, |
| 24 | | social
services administrator, registered nurse, law |
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| 1 | | enforcement officer, field
personnel of the Department of |
| 2 | | Healthcare and Family Services, field personnel of the
Illinois |
| 3 | | Department of Public Health and County or Municipal Health
|
| 4 | | Departments, personnel of the Department of Human Services |
| 5 | | (acting as the
successor to the Department of Mental Health and |
| 6 | | Developmental Disabilities
or the Department of Public Aid),
|
| 7 | | personnel of the Guardianship and Advocacy Commission, |
| 8 | | personnel of the
State Fire Marshal, local fire department |
| 9 | | inspectors or other personnel,
or personnel of the Illinois
|
| 10 | | Department on Aging, or its subsidiary Agencies on Aging, or |
| 11 | | employee of a
facility licensed under the Assisted Living and |
| 12 | | Shared Housing
Act, having reasonable
cause to believe any
|
| 13 | | resident with whom they have direct contact has been subjected |
| 14 | | to abuse
or neglect shall immediately report or cause a report
|
| 15 | | to be made
to the Department.
Persons required to make reports |
| 16 | | or cause reports to
be made under this Section include all |
| 17 | | employees of the State of Illinois
who are involved in |
| 18 | | providing services to residents, including
professionals |
| 19 | | providing medical or rehabilitation services and all other
|
| 20 | | persons having direct contact with residents; and further |
| 21 | | include all
employees of community service agencies who provide |
| 22 | | services to a resident
of a public or private long term care |
| 23 | | facility outside of that facility.
Any long term care surveyor |
| 24 | | of the Illinois Department of Public Health
who has reasonable |
| 25 | | cause to believe in the course of a survey that a
resident has |
| 26 | | been abused or neglected and initiates an investigation while
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| 1 | | on site at the facility shall be exempt from making a report |
| 2 | | under this
Section but the results of any such investigation |
| 3 | | shall be forwarded to
the central register in a manner and form |
| 4 | | described by the Department.
|
| 5 | | The requirement of this Act shall not relieve any long term |
| 6 | | care
facility administrator, agent or employee of |
| 7 | | responsibility to report the
abuse or neglect of a resident |
| 8 | | under Section 3-610 of the Nursing Home
Care Act or under |
| 9 | | Section 3-610 of the ID/DD Community Care Act or under Section |
| 10 | | 2-107 of the Specialized Mental Health Rehabilitation Act of |
| 11 | | 2013.
|
| 12 | | In addition to the above persons required to report |
| 13 | | suspected resident
abuse and neglect, any other person may make |
| 14 | | a report to the Department,
or to any law enforcement officer, |
| 15 | | if such person has reasonable cause to
suspect a resident has |
| 16 | | been abused or neglected.
|
| 17 | | This Section also applies to residents whose death occurs |
| 18 | | from suspected
abuse or neglect before being found or brought |
| 19 | | to a hospital.
|
| 20 | | A person required to make reports or cause reports to be |
| 21 | | made under
this Section who fails to comply with the |
| 22 | | requirements of this Section is
guilty of a Class A |
| 23 | | misdemeanor.
|
| 24 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 25 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; |
| 26 | | revised 9-9-13.)
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| 1 | | Section 305. The Community Living Facilities Licensing Act |
| 2 | | is amended by changing Section 9 as follows:
|
| 3 | | (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
|
| 4 | | Sec. 9. Regular licenses.
|
| 5 | | (1) A regular license shall be valid for
a one-year period |
| 6 | | from the date of authorization. A license is not
transferable.
|
| 7 | | (2) Within 120 to 150 days prior to the date of expiration |
| 8 | | of the license,
the licensee shall apply to the Department for |
| 9 | | renewal of the license. The
procedure for renewing a valid |
| 10 | | license for a Community Living Facility shall
be the same as |
| 11 | | for applying for the initial license, pursuant to subsections
|
| 12 | | (1) through (4) of Section 7 of this Act. If the Department has |
| 13 | | determined
on the basis of available documentation that the |
| 14 | | Community Living Facility
is in substantial compliance with |
| 15 | | this Act and the rules promulgated under
this Act,
and has |
| 16 | | provided to the Department an accurate disclosure document in
|
| 17 | | accordance with the Alzheimer's Disease and Related Dementias |
| 18 | | Special Care Disclosure Act,
it shall renew the regular
license |
| 19 | | for another one-year period.
|
| 20 | | (3) Whenever ownership of a facility is transferred from |
| 21 | | the licensee to
any other person, agency, association, |
| 22 | | corporation, partnership, or
organization,
the transferee |
| 23 | | transferree must obtain a new probationary license. The |
| 24 | | transferee transferree
shall notify the Department of the |
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| 1 | | transfer and apply for a new license
at least 30 days prior to |
| 2 | | final transfer. The requirement for an on-site
inspection in |
| 3 | | Section 7 may be waived if the Department has conducted a |
| 4 | | survey
of the Community Living Facility within the past 60 days |
| 5 | | and the survey
disclosed substantial compliance with this Act |
| 6 | | and rules and regulations
promulgated hereunder.
|
| 7 | | (Source: P.A. 96-990, eff. 7-2-10; revised 9-11-13.)
|
| 8 | | Section 310. The Nursing Home Care Act is amended by |
| 9 | | changing Sections 3-112 and 3-304.1 as follows:
|
| 10 | | (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
|
| 11 | | Sec. 3-112.
(a) Whenever ownership of a facility is |
| 12 | | transferred from the
person named in the license to any other |
| 13 | | person, the transferee must obtain
a new probationary license. |
| 14 | | The transferee shall notify the Department of
the transfer and |
| 15 | | apply for a new license at least 30 days prior to final |
| 16 | | transfer.
|
| 17 | | (b) The transferor shall notify the Department at least 30 |
| 18 | | days prior
to final transfer. The transferor shall remain |
| 19 | | responsible for the operation
of the facility until such time |
| 20 | | as a license is issued to the transferee transferree.
|
| 21 | | (Source: P.A. 81-223; revised 9-11-13.)
|
| 22 | | (210 ILCS 45/3-304.1)
|
| 23 | | Sec. 3-304.1. Public computer access to information. |
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| 1 | | (a) The Department must make information regarding nursing |
| 2 | | homes in the
State
available to the public in electronic form |
| 3 | | on the World Wide Web, including all
of the
following |
| 4 | | information: |
| 5 | | (1) who regulates nursing homes; |
| 6 | | (2) information in the possession of the Department |
| 7 | | that is listed in
Sections 3-210 and 3-304; |
| 8 | | (3) deficiencies and plans of correction; |
| 9 | | (4) enforcement remedies; |
| 10 | | (5) penalty letters; |
| 11 | | (6) designation of penalty monies; |
| 12 | | (7) the U.S. Department of Health and Human Services' |
| 13 | | Health Care
Financing Administration special projects or |
| 14 | | federally required inspections; |
| 15 | | (8) advisory standards; |
| 16 | | (9) deficiency-free surveys; |
| 17 | | (10) enforcement actions and enforcement summaries; |
| 18 | | (11) distressed facilities; and |
| 19 | | (12) the report submitted under Section 3-518; . |
| 20 | | (13) (12) a link to the most recent facility cost |
| 21 | | report filed with the Department of Healthcare and Family |
| 22 | | Services; |
| 23 | | (14) (13) a link to the most recent Consumer Choice |
| 24 | | Information Report filed with the Department on Aging; |
| 25 | | (15) (14) whether the facility is part of a chain; the |
| 26 | | facility shall be deemed part of a chain if it meets |
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| 1 | | criteria established by the United States Department of |
| 2 | | Health and Human Services that identify it as owned by a |
| 3 | | chain organization; |
| 4 | | (16) (15) whether the facility is a for-profit or |
| 5 | | not-for-profit facility; and |
| 6 | | (17) (16) whether the facility is or is part of a |
| 7 | | continuing care retirement community. |
| 8 | | (b) No fee or other charge may be imposed by the Department |
| 9 | | as a condition
of accessing the information. |
| 10 | | (c) The electronic public access provided through the World |
| 11 | | Wide Web shall
be
in addition to any other electronic or print |
| 12 | | distribution of the information. |
| 13 | | (d) The information shall be made available as provided in |
| 14 | | this Section in
the
shortest practicable time after it is |
| 15 | | publicly available in any other form. |
| 16 | | (Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; revised |
| 17 | | 9-9-13.)
|
| 18 | | Section 315. The Emergency Medical Services (EMS) Systems |
| 19 | | Act is amended by changing Section 3.117 as follows:
|
| 20 | | (210 ILCS 50/3.117) |
| 21 | | Sec. 3.117. Hospital Designations. |
| 22 | | (a) The Department shall attempt to designate Primary |
| 23 | | Stroke Centers in all areas of the State. |
| 24 | | (1) The Department shall designate as many certified
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| 1 | | Primary Stroke Centers as apply for that designation |
| 2 | | provided they are certified by a nationally-recognized |
| 3 | | certifying body, approved by the Department, and |
| 4 | | certification criteria are consistent with the most |
| 5 | | current nationally-recognized, evidence-based stroke |
| 6 | | guidelines related to reducing the occurrence, |
| 7 | | disabilities, and death associated with stroke. |
| 8 | | (2) A hospital certified as a Primary Stroke Center by |
| 9 | | a nationally-recognized certifying body approved by the |
| 10 | | Department, shall send a copy of the Certificate to the |
| 11 | | Department and shall be deemed, within 30 days of its |
| 12 | | receipt by the Department, to be a State-designated Primary |
| 13 | | Stroke Center. |
| 14 | | (3) With respect to a hospital that is a designated |
| 15 | | Primary Stroke Center, the Department shall have the |
| 16 | | authority and responsibility to do the following: |
| 17 | | (A) Suspend or revoke a hospital's Primary Stroke |
| 18 | | Center designation upon receiving notice that the |
| 19 | | hospital's Primary Stroke Center certification has |
| 20 | | lapsed or has been revoked by the State recognized |
| 21 | | certifying body. |
| 22 | | (B) Suspend a hospital's Primary Stroke Center |
| 23 | | designation, in extreme circumstances where patients |
| 24 | | may be at risk for immediate harm or death, until such |
| 25 | | time as the certifying body investigates and makes a |
| 26 | | final determination regarding certification. |
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| 1 | | (C) Restore any previously suspended or revoked |
| 2 | | Department designation upon notice to the Department |
| 3 | | that the certifying body has confirmed or restored the |
| 4 | | Primary Stroke Center certification of that previously |
| 5 | | designated hospital. |
| 6 | | (D) Suspend a hospital's Primary Stroke Center |
| 7 | | designation at the request of a hospital seeking to |
| 8 | | suspend its own Department designation. |
| 9 | | (4) Primary Stroke Center designation shall remain |
| 10 | | valid at all times while the hospital maintains its |
| 11 | | certification as a Primary Stroke Center, in good standing, |
| 12 | | with the certifying body. The duration of a Primary Stroke |
| 13 | | Center designation shall coincide with the duration of its |
| 14 | | Primary Stroke Center certification. Each designated |
| 15 | | Primary Stroke Center shall have its designation |
| 16 | | automatically renewed upon the Department's receipt of a |
| 17 | | copy of the accrediting body's certification renewal. |
| 18 | | (5) A hospital that no longer meets |
| 19 | | nationally-recognized, evidence-based standards for |
| 20 | | Primary Stroke Centers, or loses its Primary Stroke Center |
| 21 | | certification, shall immediately notify the Department and |
| 22 | | the Regional EMS Advisory Committee. |
| 23 | | (b) The Department shall attempt to designate hospitals as |
| 24 | | Emergent Stroke Ready Hospitals capable of providing emergent |
| 25 | | stroke care in all areas of the State. |
| 26 | | (1) The Department shall designate as many Emergent |
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| 1 | | Stroke Ready Hospitals as apply for that designation as |
| 2 | | long as they meet the criteria in this Act. |
| 3 | | (2) Hospitals may apply for, and receive, Emergent |
| 4 | | Stroke Ready Hospital designation from the Department, |
| 5 | | provided that the hospital attests, on a form developed by |
| 6 | | the Department in consultation with the State Stroke |
| 7 | | Advisory Subcommittee, that it meets, and will continue to |
| 8 | | meet, the criteria for Emergent Stroke Ready Hospital |
| 9 | | designation. |
| 10 | | (3) Hospitals seeking Emergent Stroke Ready Hospital |
| 11 | | designation shall develop policies and procedures that |
| 12 | | consider nationally-recognized, evidence-based protocols |
| 13 | | for the provision of emergent stroke care. Hospital |
| 14 | | policies relating to emergent stroke care and stroke |
| 15 | | patient outcomes shall be reviewed at least annually, or |
| 16 | | more often as needed, by a hospital committee that oversees |
| 17 | | quality improvement. Adjustments shall be made as |
| 18 | | necessary to advance the quality of stroke care delivered. |
| 19 | | Criteria for Emergent Stroke Ready Hospital designation of |
| 20 | | hospitals shall be limited to the ability of a hospital to: |
| 21 | | (A) create written acute care protocols related to |
| 22 | | emergent stroke care; |
| 23 | | (B) maintain a written transfer agreement with one |
| 24 | | or more hospitals that have neurosurgical expertise; |
| 25 | | (C) designate a director of stroke care, which may |
| 26 | | be a clinical member of the hospital staff or the |
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| 1 | | designee of the hospital administrator, to oversee the |
| 2 | | hospital's stroke care policies and procedures; |
| 3 | | (D) administer thrombolytic therapy, or |
| 4 | | subsequently developed medical therapies that meet |
| 5 | | nationally-recognized, evidence-based stroke |
| 6 | | guidelines; |
| 7 | | (E) conduct brain image tests at all times; |
| 8 | | (F) conduct blood coagulation studies at all |
| 9 | | times; and |
| 10 | | (G) maintain a log of stroke patients, which shall |
| 11 | | be available for review upon request by the Department |
| 12 | | or any hospital that has a written transfer agreement |
| 13 | | with the Emergent Stroke Ready Hospital. |
| 14 | | (4) With respect to Emergent Stroke Ready Hospital |
| 15 | | designation, the Department shall have the authority and |
| 16 | | responsibility to do the following: |
| 17 | | (A) Require hospitals applying for Emergent Stroke |
| 18 | | Ready Hospital designation to attest, on a form |
| 19 | | developed by the Department in consultation with the |
| 20 | | State Stroke Advisory Subcommittee, that the hospital |
| 21 | | meets, and will continue to meet, the criteria for an a |
| 22 | | Emergent Stroke Ready Hospital. |
| 23 | | (B) Designate a hospital as an Emergent Stroke |
| 24 | | Ready Hospital no more than 20 business days after |
| 25 | | receipt of an attestation that meets the requirements |
| 26 | | for attestation. |
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| 1 | | (C) Require annual written attestation, on a form |
| 2 | | developed by the Department in consultation with the |
| 3 | | State Stroke Advisory Subcommittee, by Emergent Stroke |
| 4 | | Ready Hospitals to indicate compliance with Emergent |
| 5 | | Stroke Ready Hospital criteria, as described in this |
| 6 | | Section, and automatically renew Emergent Stroke Ready |
| 7 | | Hospital designation of the hospital. |
| 8 | | (D) Issue an Emergency Suspension of Emergent |
| 9 | | Stroke Ready Hospital designation when the Director, |
| 10 | | or his or her designee, has determined that the |
| 11 | | hospital no longer meets the Emergent Stroke Ready |
| 12 | | Hospital criteria and an immediate and serious danger |
| 13 | | to the public health, safety, and welfare exists. If |
| 14 | | the Emergent Stroke Ready Hospital fails to eliminate |
| 15 | | the violation immediately or within a fixed period of |
| 16 | | time, not exceeding 10 days, as determined by the |
| 17 | | Director, the Director may immediately revoke the |
| 18 | | Emergent Stroke Ready Hospital designation. The |
| 19 | | Emergent Stroke Ready Hospital may appeal the |
| 20 | | revocation within 15 days after receiving the |
| 21 | | Director's revocation order, by requesting an |
| 22 | | administrative hearing. |
| 23 | | (E) After notice and an opportunity for an |
| 24 | | administrative hearing, suspend, revoke, or refuse to |
| 25 | | renew an Emergent Stroke Ready Hospital designation, |
| 26 | | when the Department finds the hospital is not in |
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| 1 | | substantial compliance with current Emergent Stroke |
| 2 | | Ready Hospital criteria. |
| 3 | | (c) The Department shall consult with the State Stroke |
| 4 | | Advisory Subcommittee for developing the designation and |
| 5 | | de-designation processes for Primary Stroke Centers and |
| 6 | | Emergent Stroke Ready Hospitals.
|
| 7 | | (Source: P.A. 96-514, eff. 1-1-10; revised 11-12-13.)
|
| 8 | | Section 320. The End Stage Renal Disease Facility Act is |
| 9 | | amended by changing Section 60 as follows:
|
| 10 | | (210 ILCS 62/60)
|
| 11 | | Sec. 60. Notice of administrative actions; hearing |
| 12 | | procedures.
|
| 13 | | (a) Notice of all administrative actions taken under this |
| 14 | | Act shall be
effected
by registered mail, certified mail, or |
| 15 | | personal
service and shall set forth the particular reasons for |
| 16 | | the proposed action and
provide the applicant or licensee with |
| 17 | | an opportunity
to request a hearing. If a hearing request is |
| 18 | | not received within 10 days
after receipt of the notice of |
| 19 | | administrative action, the right
to a hearing is waived.
|
| 20 | | (b) The procedure governing hearings authorized by this |
| 21 | | Section shall be in
accordance with rules promulgated by the
|
| 22 | | Department consistent with this Act. A hearing shall be |
| 23 | | conducted by the
Director or by an individual designated in |
| 24 | | writing by
the Director as administrative law judge. A full and |
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| 1 | | complete record shall be
kept of
all proceedings, including |
| 2 | | notice of hearing, complaint,
and all other documents in the |
| 3 | | nature of pleadings, written motions filed in
the proceedings, |
| 4 | | and the report and orders of the
Director and administrative |
| 5 | | law judge. All testimony shall be reported but
need not be
|
| 6 | | transcribed unless the decision is appealed pursuant
to Section |
| 7 | | 70 of this Act. Any interested party may obtain a copy or |
| 8 | | copies of
the transcript on payment of the cost of preparing
|
| 9 | | such copy or copies.
|
| 10 | | (c) The Director or administrative law judge shall, upon |
| 11 | | his own motion or
on the
written request of any party to the |
| 12 | | proceeding, issue
subpoenas requiring the attendance and |
| 13 | | testimony of witnesses and subpoenas
duces tecum requiring the |
| 14 | | production of books,
papers, records or memoranda. The fees of |
| 15 | | witnesses for attendance and travel
shall be the same as the |
| 16 | | fees of witnesses before
any circuit court of this State. Such |
| 17 | | fees shall be paid when the witness is
excused from further |
| 18 | | attendance. When the witness is
subpoenaed at the instance of |
| 19 | | the Director or administrative law judge, such
fees shall
be |
| 20 | | paid in the same manner as other expenses of the
Department. |
| 21 | | When the witness is subpoenaed at the instance of any other |
| 22 | | party
to a proceeding, the Department may require that
the cost |
| 23 | | of service of the subpoena or subpoena duces tecum and the fee |
| 24 | | of the
witness be borne by the party at whose instance the
|
| 25 | | witness is summoned. In such case, the Department, in its |
| 26 | | discretion, may
require a deposit to cover the cost of such |
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| 1 | | service and
witness fees. A subpoena or subpoena duces tecum |
| 2 | | issued under this Section
shall be served in the same manner as |
| 3 | | a subpoena
issued by a court.
|
| 4 | | (d) Any circuit court of this State, upon the application |
| 5 | | of the Director or
the application of any other party to the
|
| 6 | | proceeding, may, in its discretion, compel the attendance of |
| 7 | | witnesses, the
production of books, papers, records or |
| 8 | | memoranda, and
the giving of testimony before the Director or |
| 9 | | administrative law judge
conducting an
investigation or |
| 10 | | holding a hearing authorized by this
Act, by an attachment for |
| 11 | | contempt, or otherwise, in the same manner as
production of |
| 12 | | evidence may be compelled before the court.
|
| 13 | | (e) The Director or administrative law judge, or any party |
| 14 | | in a
hearing before the Department, may compel the attendance |
| 15 | | of witnesses and the
production of books, papers, records, or
|
| 16 | | memoranda.
|
| 17 | | (f) The Director or administrative law judge shall make |
| 18 | | findings of fact in
such
hearing
and the Director shall render |
| 19 | | his decision
within 60 days after the termination or waiving of |
| 20 | | the hearing unless he or she
requires additional time for a |
| 21 | | proper disposition of
the matter. When an a administrative law |
| 22 | | judge has conducted the hearing, the
Director
shall review the |
| 23 | | record and findings of fact before
rendering a decision. A copy |
| 24 | | of the findings of fact and decision of the
Director shall be |
| 25 | | served upon the applicant or licensee in
person, by registered |
| 26 | | mail or by certified mail in the same manner as the
service of |
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| 1 | | the notice of hearing. The decision denying,
suspending, or |
| 2 | | revoking a license shall become final 35 days after it is |
| 3 | | mailed
or served, unless the applicant or licensee, within
the |
| 4 | | 35-day period, petitions for review pursuant to Section 70 of |
| 5 | | this Act.
|
| 6 | | (Source: P.A. 92-794, eff. 7-1-03; revised 11-13-13.)
|
| 7 | | Section 325. The Hospital Emergency Service Act is amended |
| 8 | | by changing Section 1.3 as follows:
|
| 9 | | (210 ILCS 80/1.3) |
| 10 | | Sec. 1.3. Long-term acute care hospitals. For the purpose |
| 11 | | of this Act, general acute care hospitals designated by |
| 12 | | Medicare as long-term acute care hospitals are not required to |
| 13 | | provide hospital emergency services described in Section 1 of |
| 14 | | this Act. Hospitals defined in this Section may provide |
| 15 | | hospital emergency services at their option. |
| 16 | | Any hospital defined in this Section that opts to |
| 17 | | discontinue emergency services described in Section 1 shall: |
| 18 | | (1) comply with all provisions of the federal Emergency |
| 19 | | Medical Treatment and & Labor Act (EMTALA); |
| 20 | | (2) comply with all provisions required under the |
| 21 | | Social Security Act; |
| 22 | | (3) provide annual notice to communities in the |
| 23 | | hospital's service area about available emergency medical |
| 24 | | services; and |
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| 1 | | (4) make educational materials available to |
| 2 | | individuals who are present at the hospital concerning the |
| 3 | | availability of medical services within the hospital's |
| 4 | | service area. |
| 5 | | Long-term acute care hospitals that operate standby |
| 6 | | emergency services as of January 1, 2011 may discontinue |
| 7 | | hospital emergency services by notifying the Department of |
| 8 | | Public Health. Long-term acute care hospitals that operate |
| 9 | | basic or comprehensive emergency services must notify the |
| 10 | | Health Facilities and Services Review Board and follow the |
| 11 | | appropriate procedures.
|
| 12 | | (Source: P.A. 97-667, eff. 1-13-12; revised 9-11-13.)
|
| 13 | | Section 330. The Language Assistance Services Act is |
| 14 | | amended by changing Section 15 as follows:
|
| 15 | | (210 ILCS 87/15)
|
| 16 | | Sec. 15. Language assistance services. |
| 17 | | (a) To ensure insure access to
health care information and |
| 18 | | services for
limited-English-speaking or non-English-speaking |
| 19 | | residents and deaf residents,
a health facility must do the |
| 20 | | following:
|
| 21 | | (1) Adopt and review annually a policy for providing |
| 22 | | language assistance
services to patients with language or |
| 23 | | communication barriers. The policy shall
include |
| 24 | | procedures for providing, to the extent possible as |
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| 1 | | determined by the
facility, the use of an interpreter |
| 2 | | whenever a language or communication
barrier
exists, |
| 3 | | except where the patient, after being informed of the |
| 4 | | availability of
the interpreter service, chooses to use a |
| 5 | | family member or friend who
volunteers to interpret. The |
| 6 | | procedures shall be designed to maximize
efficient use of |
| 7 | | interpreters and minimize delays in providing interpreters |
| 8 | | to
patients. The procedures shall insure, to the extent |
| 9 | | possible as determined
by the facility, that
interpreters |
| 10 | | are available, either on the premises or accessible by |
| 11 | | telephone,
24 hours a day. The facility shall annually |
| 12 | | transmit to the Department of
Public Health a
copy of the |
| 13 | | updated policy and shall include a description of the |
| 14 | | facility's
efforts to
insure adequate and speedy |
| 15 | | communication between patients with language or
|
| 16 | | communication barriers and staff.
|
| 17 | | (2) Develop, and post in conspicuous locations, |
| 18 | | notices that advise patients
and their families of the |
| 19 | | availability of interpreters, the procedure for
obtaining |
| 20 | | an interpreter, and the telephone numbers to call for |
| 21 | | filing
complaints concerning interpreter service problems, |
| 22 | | including, but not limited
to, a
TTY number for persons who |
| 23 | | are deaf or hard of hearing. The notices shall be posted, |
| 24 | | at a
minimum, in the emergency room, the admitting area, |
| 25 | | the facility entrance, and
the
outpatient area. Notices |
| 26 | | shall inform patients that interpreter services are
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| 1 | | available on request, shall list the languages most |
| 2 | | commonly encountered at the facility for which interpreter |
| 3 | | services
are available, and shall instruct patients to |
| 4 | | direct complaints regarding
interpreter services to the |
| 5 | | Department of Public Health, including the
telephone
|
| 6 | | numbers to call for that purpose.
|
| 7 | | (3) Notify the facility's employees of the language |
| 8 | | services available at the facility and train them on how to |
| 9 | | make those language services available to patients.
|
| 10 | | (b) In addition, a health facility may do one or more of |
| 11 | | the following: |
| 12 | | (1) Identify and record a patient's primary language |
| 13 | | and dialect on one or more of the following: a patient |
| 14 | | medical chart, hospital bracelet, bedside notice, or |
| 15 | | nursing card. |
| 16 | | (2) Prepare and maintain, as needed, a list of |
| 17 | | interpreters who have been identified as proficient in sign |
| 18 | | language according to the Interpreter for the Deaf |
| 19 | | Licensure Act of 2007 Interpreters for the Deaf Act and a |
| 20 | | list of the languages of the population of the geographical |
| 21 | | area served by the facility.
|
| 22 | | (3) Review all standardized written forms, waivers, |
| 23 | | documents, and
informational materials available to |
| 24 | | patients on admission to determine which
to translate into |
| 25 | | languages other than English.
|
| 26 | | (4) Consider providing its nonbilingual staff with |
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| 1 | | standardized picture and
phrase sheets for use in routine |
| 2 | | communications with patients who have language
or |
| 3 | | communication barriers.
|
| 4 | | (5) Develop community liaison groups to enable the |
| 5 | | facility and the
limited-English-speaking, |
| 6 | | non-English-speaking, and deaf communities to ensure |
| 7 | | insure
the adequacy of the
interpreter services.
|
| 8 | | (Source: P.A. 95-667, eff. 10-11-07; revised 10-7-13.)
|
| 9 | | Section 335. The Mobile Home Park Act is amended by |
| 10 | | changing Section 2 as follows:
|
| 11 | | (210 ILCS 115/2) (from Ch. 111 1/2, par. 712)
|
| 12 | | Sec. 2.
Unless the context clearly requires otherwise, the |
| 13 | | words and phrases set
forth in the Sections following this |
| 14 | | Section and preceding Section 3 Sections 2.1 to 2.9 inclusive, |
| 15 | | shall have the meanings set forth
in this Act.
|
| 16 | | (Source: P.A. 78-1170; revised 11-13-13.)
|
| 17 | | Section 340. The Illinois Insurance Code is amended by |
| 18 | | changing Section 500-100 as follows:
|
| 19 | | (215 ILCS 5/500-100)
|
| 20 | | (Section scheduled to be repealed on January 1, 2017)
|
| 21 | | Sec. 500-100. Limited lines producer license.
|
| 22 | | (a) An individual who is at least 18 years of age and whom |
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| 1 | | the Director
considers to
be competent, trustworthy, and of |
| 2 | | good business reputation may obtain a limited
lines producer
|
| 3 | | license for one or more of the following classes:
|
| 4 | | (1) insurance on baggage or limited travel health, |
| 5 | | accident, or trip
cancellation
insurance sold in |
| 6 | | connection with transportation provided by a common |
| 7 | | carrier;
|
| 8 | | (2) industrial life insurance, as defined in Section |
| 9 | | 228 of this Code;
|
| 10 | | (3) industrial accident and health insurance, as |
| 11 | | defined in
Section 368 of this
Code;
|
| 12 | | (4) insurance issued by a company organized under the |
| 13 | | Farm Mutual
Insurance Company Act of 1986;
|
| 14 | | (5) legal expense insurance;
|
| 15 | | (6) enrollment of recipients of public aid or medicare |
| 16 | | in a health
maintenance
organization;
|
| 17 | | (7) a limited health care plan issued by an |
| 18 | | organization having a
certificate of
authority under the |
| 19 | | Limited Health Service Organization Act;
|
| 20 | | (8) credit life and credit accident and health |
| 21 | | insurance and other credit insurance policies approved or |
| 22 | | permitted by the Director; a credit insurance company must |
| 23 | | conduct a training program in which an applicant shall |
| 24 | | receive basic instruction about the credit insurance |
| 25 | | products that he or she they will be selling. |
| 26 | | (b) The application for a limited lines producer license |
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| 1 | | must be submitted
on a form
prescribed by the Director by a |
| 2 | | designee of the insurance company, health
maintenance
|
| 3 | | organization, or limited health service organization |
| 4 | | appointing the limited
insurance
representative. The insurance |
| 5 | | company, health maintenance organization, or
limited health
|
| 6 | | service organization must pay the fee required by Section |
| 7 | | 500-135.
|
| 8 | | (c) A limited lines producer may represent more than one |
| 9 | | insurance company,
health
maintenance organization, or limited |
| 10 | | health service organization.
|
| 11 | | (d) An applicant who has met the requirements of this |
| 12 | | Section shall be
issued a
perpetual limited lines producer |
| 13 | | license.
|
| 14 | | (e) A limited lines producer license shall remain in effect |
| 15 | | as long as the
appointing
insurance company pays the respective |
| 16 | | fee required by Section 500-135 prior to
January 1 of
each |
| 17 | | year, unless the license is revoked or suspended pursuant to
|
| 18 | | Section 500-70. Failure of the
insurance company to pay the |
| 19 | | license fee or to submit the required documents
shall cause
|
| 20 | | immediate termination of the limited line insurance producer |
| 21 | | license with
respect to which the
failure occurs.
|
| 22 | | (f) A limited lines producer license may be terminated by |
| 23 | | the insurance
company or
the licensee.
|
| 24 | | (g) A person whom the Director considers to be competent, |
| 25 | | trustworthy, and
of
good
business reputation may be issued a |
| 26 | | car rental limited line license. A car
rental limited line
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| 1 | | license for a rental company shall remain in effect as long as |
| 2 | | the car rental
limited line licensee
pays the respective fee |
| 3 | | required by Section 500-135 prior to the next fee date
unless |
| 4 | | the car rental
license is revoked or suspended pursuant to |
| 5 | | Section 500-70. Failure of the car
rental limited line
licensee |
| 6 | | to pay the license fee or to submit the required documents |
| 7 | | shall cause
immediate
suspension of the car rental limited line |
| 8 | | license. A car rental limited line
license for rental
companies |
| 9 | | may be voluntarily
terminated by the car rental limited line |
| 10 | | licensee. The license fee
shall not be refunded upon |
| 11 | | termination of the car rental limited line license
by the car |
| 12 | | rental
limited line licensee.
|
| 13 | | (h) A limited lines producer issued a license pursuant to |
| 14 | | this Section is
not
subject to
the requirements of Section |
| 15 | | 500-30.
|
| 16 | | (i) A limited lines producer license must contain the name, |
| 17 | | address and
personal
identification number of the licensee, the |
| 18 | | date the license was issued,
general conditions relative
to the |
| 19 | | license's expiration or termination, and any other information |
| 20 | | the
Director considers
proper. A limited line producer license, |
| 21 | | if applicable, must also contain the
name and address of
the |
| 22 | | appointing insurance company.
|
| 23 | | (Source: P.A. 98-159, eff. 8-2-13; revised 11-12-13.)
|
| 24 | | Section 345. The Reinsurance Intermediary Act is amended by |
| 25 | | changing Sections 20 and 45 as follows:
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| 1 | | (215 ILCS 100/20) (from Ch. 73, par. 1620)
|
| 2 | | Sec. 20. Books and records; reinsurance intermediary |
| 3 | | brokers.
|
| 4 | | (a) For at least 10 years after expiration of each contract |
| 5 | | of
reinsurance transacted by it, the intermediary broker shall |
| 6 | | keep a complete
record for each transaction showing:
|
| 7 | | (1) The type of contract, limits, underwriting |
| 8 | | restrictions, classes or
risks, and territory.
|
| 9 | | (2) Period of coverage, including effective and |
| 10 | | expiration dates,
cancellation provisions, and notice |
| 11 | | required of cancellations.
|
| 12 | | (3) Reporting and settlement requirements of balances.
|
| 13 | | (4) Rate used to compute the reinsurance premium.
|
| 14 | | (5) Names and addresses of assuming reinsurers.
|
| 15 | | (6) Rates of all reinsurance commissions, including |
| 16 | | the commissions on
any retrocessions handled by the |
| 17 | | intermediary broker.
|
| 18 | | (7) Related correspondence and memoranda.
|
| 19 | | (8) Proof of placement.
|
| 20 | | (9) Details regarding retrocessions handled by the |
| 21 | | intermediary broker
including the identity of |
| 22 | | retrocessionaires and percentage of each contract
assumed |
| 23 | | or ceded.
|
| 24 | | (10) Financial records including, but not limited to, |
| 25 | | premium and loss accounts.
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| 1 | | (11) When an a intermediary broker procures a |
| 2 | | reinsurance contract on
behalf of a licensed ceding |
| 3 | | insurer:
|
| 4 | | (A) directly from any assuming reinsurer, written |
| 5 | | evidence that the
assuming reinsurer has agreed to |
| 6 | | assume the risk;
|
| 7 | | (B) if placed through a representative of the |
| 8 | | assuming reinsurer,
other than an employee, written |
| 9 | | evidence that the reinsurer has delegated
binding |
| 10 | | authority to the representative.
|
| 11 | | (b) The insurer shall have access and the right to copy and |
| 12 | | audit all
accounts and records maintained by the intermediary |
| 13 | | broker related to its
business in a form
usable by the insurer.
|
| 14 | | (Source: P.A. 87-108; revised 11-13-13.)
|
| 15 | | (215 ILCS 100/45) (from Ch. 73, par. 1645)
|
| 16 | | Sec. 45.
Duties of reinsurers utilizing the services of a |
| 17 | | reinsurance
intermediary manager.
|
| 18 | | (a) A reinsurer shall not engage the services of any |
| 19 | | person, firm,
association, or corporation to act as an a |
| 20 | | intermediary manager on its behalf
unless the person is |
| 21 | | licensed as required by Section 10.
|
| 22 | | (b) The reinsurer shall annually obtain a copy of |
| 23 | | statements, audited by
an independent certified public |
| 24 | | accountant in a form acceptable to the
Director, of the |
| 25 | | financial condition of each intermediary manager that the
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| 1 | | reinsurer has contracted.
|
| 2 | | (c) If an intermediary manager establishes loss reserves, |
| 3 | | the reinsurer
shall annually obtain the opinion of an actuary |
| 4 | | attesting to the adequacy
of loss reserves established for |
| 5 | | losses incurred and outstanding on
business produced by the |
| 6 | | intermediary manager. This opinion shall be in
addition to any |
| 7 | | other required loss reserve certification.
|
| 8 | | (d) Binding authority for all retrocessional contracts or |
| 9 | | participation
in reinsurance syndicates shall rest with an |
| 10 | | officer of the reinsurer who
shall not be affiliated with the |
| 11 | | intermediary manager.
|
| 12 | | (e) Within 30 days of termination of a contract with an |
| 13 | | intermediary
manager, the reinsurer shall provide written |
| 14 | | notification of termination to the Director.
|
| 15 | | (f) A reinsurer shall not appoint to its board of |
| 16 | | directors, any
officer, director, employee, controlling |
| 17 | | shareholder, or subproducer of its
intermediary manager. This |
| 18 | | subsection shall not apply to relationships
governed by the |
| 19 | | Holding Company Act.
|
| 20 | | (Source: P.A. 87-108; revised 11-14-13.)
|
| 21 | | Section 350. The Illinois Health Benefits Exchange Law is |
| 22 | | amended by changing Section 5-10 as follows:
|
| 23 | | (215 ILCS 122/5-10)
|
| 24 | | Sec. 5-10. Exchange functions. |
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|
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| 1 | | (a) The Illinois Health Benefits Exchange shall meet the |
| 2 | | core functions identified by Section 1311 of the Patient |
| 3 | | Protection and Affordable Care Act and subsequent federal |
| 4 | | guidance and regulations. |
| 5 | | (b) In order to meet the deadline of October 1, 2013 |
| 6 | | established by federal law to have operational a State |
| 7 | | exchange, the Department of Insurance
and the Commission on |
| 8 | | Government Governmental Forecasting and Accountability is |
| 9 | | authorized to apply for, accept, receive, and use as |
| 10 | | appropriate
for and on behalf of the State any grant money |
| 11 | | provided by the
federal government and to share federal grant |
| 12 | | funding with, give support to,
and coordinate with other |
| 13 | | agencies of the State and federal government
or third parties |
| 14 | | as determined by the Governor.
|
| 15 | | (Source: P.A. 97-142, eff. 7-14-11; revised 9-11-13.)
|
| 16 | | Section 355. The Viatical Settlements Act of 2009 is |
| 17 | | amended by changing Section 72 as follows:
|
| 18 | | (215 ILCS 159/72)
|
| 19 | | Sec. 72. Crimes and offenses. |
| 20 | | (a) A person acting in this State as a viatical settlement
|
| 21 | | provider without having been licensed pursuant to Section 10
of |
| 22 | | this Act who willfully violates any provision of this Act
or |
| 23 | | any rule adopted or order issued under this Act is guilty
of a |
| 24 | | Class A misdemeanor and may be subject to a fine of not
more |
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| 1 | | than $3,000. When such violation results in a loss of
more than |
| 2 | | $10,000, the person shall be guilty of
a Class 3 felony and may |
| 3 | | be subject to a fine of not more than
$10,000. |
| 4 | | (b) A person acting in this State as a viatical settlement
|
| 5 | | broker without having met the licensure and notification
|
| 6 | | requirements established by Section 10 of this Act who
|
| 7 | | willfully violates any provision of this Act or any rule
|
| 8 | | adopted or order issued under this Act is guilty of a Class A |
| 9 | | misdemeanor and may be subject to a fine of not more
than |
| 10 | | $3,000. When such violation results in a loss of more
than |
| 11 | | $10,000, the person shall be guilty of a
Class 3 felony and may |
| 12 | | be subject to a fine of not more than
$10,000. |
| 13 | | (c) The Director may refer such evidence as is available
|
| 14 | | concerning violations of this Act or any rule adopted or order
|
| 15 | | issued under this Act or of the failure of a person to
comply |
| 16 | | with the licensing requirements of this Act to the
Attorney |
| 17 | | General or the proper county attorney who may, with
or without |
| 18 | | such reference, institute the appropriate criminal
proceedings |
| 19 | | under this Act. |
| 20 | | (d) A person commits the offense of viatical settlement |
| 21 | | fraud when: |
| 22 | | (1) For the purpose of depriving another of property or |
| 23 | | for pecuniary gain any person knowingly:
|
| 24 | | (A) presents, causes to be presented, or prepares |
| 25 | | with knowledge or belief that it will be presented to |
| 26 | | or by a viatical settlement provider, viatical |
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| 1 | | settlement broker, life expectancy provider, viatical |
| 2 | | settlement purchaser, financing entity, insurer, |
| 3 | | insurance producer, or any other person, false |
| 4 | | material information, or conceals material |
| 5 | | information, as part of, in support of or concerning a |
| 6 | | fact material to one or more of the following:
|
| 7 | | (i) an application for the issuance of a |
| 8 | | viatical settlement contract or insurance policy;
|
| 9 | | (ii) the underwriting of a viatical settlement |
| 10 | | contract or insurance policy;
|
| 11 | | (iii) a claim for payment or benefit pursuant |
| 12 | | to a viatical settlement contract or insurance |
| 13 | | policy;
|
| 14 | | (iv) premiums paid on an insurance policy;
|
| 15 | | (v) payments and changes in ownership or |
| 16 | | beneficiary made in accordance with the terms of a |
| 17 | | viatical settlement contract or insurance policy;
|
| 18 | | (vi) the reinstatement or conversion of an |
| 19 | | insurance policy;
|
| 20 | | (vii) in the solicitation, offer, |
| 21 | | effectuation, or sale of a viatical settlement |
| 22 | | contract or insurance policy;
|
| 23 | | (viii) the issuance of written evidence of a |
| 24 | | viatical settlement contract or insurance; or
|
| 25 | | (ix) a financing transaction; or
|
| 26 | | (B) employs any plan, financial structure, device, |
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| 1 | | scheme, or artifice to defraud related to viaticated |
| 2 | | policies; or |
| 3 | | (C) enters into any act, practice, or arrangement |
| 4 | | which involves
stranger-originated life insurance; . |
| 5 | | (2) In furtherance of a scheme to defraud, to further a |
| 6 | | fraud, or to prevent or hinder the detection of a scheme to |
| 7 | | defraud any person knowingly does or permits his employees |
| 8 | | or agents to do any of the following: |
| 9 | | (A) remove, conceal, alter, destroy, or sequester |
| 10 | | from the Director the assets or records of a licensee |
| 11 | | or other person engaged in the business of viatical |
| 12 | | settlements;
|
| 13 | | (B) misrepresent or conceal the financial |
| 14 | | condition of a licensee, financing entity, insurer, or |
| 15 | | other person; |
| 16 | | (C) transact the business of viatical settlements |
| 17 | | in violation of laws requiring a license, certificate |
| 18 | | of authority, or other legal authority for the |
| 19 | | transaction of the business of viatical settlements; |
| 20 | | or
|
| 21 | | (D) file with the Director or the equivalent chief |
| 22 | | insurance regulatory official of another jurisdiction |
| 23 | | a document containing false information or otherwise |
| 24 | | conceals information about a material fact from the |
| 25 | | Director; |
| 26 | | (3) Any person knowingly steals, misappropriates, or |
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| 1 | | converts monies, funds, premiums, credits, or other |
| 2 | | property of a viatical settlement provider, insurer, |
| 3 | | insured, viator, insurance policyowner, or any other |
| 4 | | person engaged in the business of viatical settlements or |
| 5 | | insurance;
|
| 6 | | (4) Any person recklessly enters into, negotiates, |
| 7 | | brokers, or otherwise deals in a viatical settlement |
| 8 | | contract, the subject of which is a life insurance policy |
| 9 | | that was obtained by presenting false information |
| 10 | | concerning any fact material to the policy or by |
| 11 | | concealing, for the purpose of misleading another, |
| 12 | | information concerning any fact material to the policy, |
| 13 | | where the person or the persons intended to defraud the |
| 14 | | policy's issuer, the viatical settlement provider or the |
| 15 | | viator; or
|
| 16 | | (5) Any person facilitates the change of state of |
| 17 | | ownership of a policy or the state of residency of a viator |
| 18 | | to a state or jurisdiction that does not have a law similar |
| 19 | | to this Act for the express purposes of evading or avoiding |
| 20 | | the provisions of this Act. |
| 21 | | (e) For purposes of this Section, "person" means (i) an |
| 22 | | individual, (ii) a corporation, (iii) an officer, agent, or |
| 23 | | employee of a corporation, (iv) a member, agent, or employee of |
| 24 | | a partnership, or (v) a member, manager, employee, officer, |
| 25 | | director, or agent of a limited liability company who, in any |
| 26 | | such capacity described by this subsection (e), commits |
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| 1 | | viatical settlement fraud.
|
| 2 | | (Source: P.A. 96-736, eff. 7-1-10; 97-813, eff. 7-13-12; |
| 3 | | revised 11-14-13.)
|
| 4 | | Section 360. The Health Carrier External Review Act is |
| 5 | | amended by changing Section 10 as follows:
|
| 6 | | (215 ILCS 180/10)
|
| 7 | | Sec. 10. Definitions. For the purposes of this Act: |
| 8 | | "Adverse determination" means: |
| 9 | | (1) a determination by a health carrier or its designee |
| 10 | | utilization review organization that, based upon the |
| 11 | | information provided, a request for a benefit under the |
| 12 | | health carrier's health benefit plan upon application of |
| 13 | | any utilization review technique does not meet the health |
| 14 | | carrier's requirements for medical necessity, |
| 15 | | appropriateness, health care setting, level of care, or |
| 16 | | effectiveness or is determined to be experimental or |
| 17 | | investigational and the requested benefit is therefore |
| 18 | | denied, reduced, or terminated or payment is not provided |
| 19 | | or made, in whole or in part, for the benefit; |
| 20 | | (2) the denial, reduction, or termination of or failure |
| 21 | | to provide or make payment, in whole or in part, for a |
| 22 | | benefit based on a determination by a health carrier or its |
| 23 | | designee utilization review organization that a |
| 24 | | preexisting condition was present before the effective |
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| 1 | | date of coverage; or |
| 2 | | (3) a rescission recission of coverage determination, |
| 3 | | which does not include a cancellation or discontinuance of |
| 4 | | coverage that is attributable to a failure to timely pay |
| 5 | | required premiums or contributions towards the cost of |
| 6 | | coverage. |
| 7 | | "Authorized representative" means: |
| 8 | | (1) a person to whom a covered person has given express |
| 9 | | written consent to represent the covered person for |
| 10 | | purposes of this Law; |
| 11 | | (2) a person authorized by law to provide substituted |
| 12 | | consent for a covered person; |
| 13 | | (3) a family member of the covered person or the |
| 14 | | covered person's treating health care professional when |
| 15 | | the covered person is unable to provide consent; |
| 16 | | (4) a health care provider when the covered person's |
| 17 | | health benefit plan requires that a request for a benefit |
| 18 | | under the plan be initiated by the health care provider; or |
| 19 | | (5) in the case of an urgent care request, a health |
| 20 | | care provider with knowledge of the covered person's |
| 21 | | medical condition. |
| 22 | | "Best evidence" means evidence based on: |
| 23 | | (1) randomized clinical trials; |
| 24 | | (2) if randomized clinical trials are not available, |
| 25 | | then cohort studies or case-control studies; |
| 26 | | (3) if items (1) and (2) are not available, then |
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| 1 | | case-series; or |
| 2 | | (4) if items (1), (2), and (3) are not available, then |
| 3 | | expert opinion. |
| 4 | | "Case-series" means an evaluation of a series of patients |
| 5 | | with a particular outcome, without the use of a control group. |
| 6 | | "Clinical review criteria" means the written screening |
| 7 | | procedures, decision abstracts, clinical protocols, and |
| 8 | | practice guidelines used by a health carrier to determine the |
| 9 | | necessity and appropriateness of health care services. |
| 10 | | "Cohort study" means a prospective evaluation of 2 groups |
| 11 | | of patients with only one group of patients receiving specific |
| 12 | | intervention. |
| 13 | | "Concurrent review" means a review conducted during a |
| 14 | | patient's stay or course of treatment in a facility, the office |
| 15 | | of a health care professional, or other inpatient or outpatient |
| 16 | | health care setting. |
| 17 | | "Covered benefits" or "benefits" means those health care |
| 18 | | services to which a covered person is entitled under the terms |
| 19 | | of a health benefit plan. |
| 20 | | "Covered person" means a policyholder, subscriber, |
| 21 | | enrollee, or other individual participating in a health benefit |
| 22 | | plan. |
| 23 | | "Director" means the Director of the Department of |
| 24 | | Insurance. |
| 25 | | "Emergency medical condition" means a medical condition |
| 26 | | manifesting itself by acute symptoms of sufficient severity, |
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| 1 | | including, but not limited to, severe pain, such that a prudent |
| 2 | | layperson who possesses an average knowledge of health and |
| 3 | | medicine could reasonably expect the absence of immediate |
| 4 | | medical attention to result in: |
| 5 | | (1) placing the health of the individual or, with |
| 6 | | respect to a pregnant woman, the health of the woman or her |
| 7 | | unborn child, in serious jeopardy; |
| 8 | | (2) serious impairment to bodily functions; or
|
| 9 | | (3) serious dysfunction of any bodily organ or part. |
| 10 | | "Emergency services" means health care items and services |
| 11 | | furnished or required to evaluate and treat an emergency |
| 12 | | medical condition. |
| 13 | | "Evidence-based standard" means the conscientious, |
| 14 | | explicit, and judicious use of the current best evidence based |
| 15 | | on an overall systematic review of the research in making |
| 16 | | decisions about the care of individual patients. |
| 17 | | "Expert opinion" means a belief or an interpretation by |
| 18 | | specialists with experience in a specific area about the |
| 19 | | scientific evidence pertaining to a particular service, |
| 20 | | intervention, or therapy. |
| 21 | | "Facility" means an institution providing health care |
| 22 | | services or a health care setting. |
| 23 | | "Final adverse determination" means an adverse |
| 24 | | determination involving a covered benefit that has been upheld |
| 25 | | by a health carrier, or its designee utilization review |
| 26 | | organization, at the completion of the health carrier's |
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| 1 | | internal grievance process procedures as set forth by the |
| 2 | | Managed Care Reform and Patient Rights Act. |
| 3 | | "Health benefit plan" means a policy, contract, |
| 4 | | certificate, plan, or agreement offered or issued by a health |
| 5 | | carrier to provide, deliver, arrange for, pay for, or reimburse |
| 6 | | any of the costs of health care services. |
| 7 | | "Health care provider" or "provider" means a physician, |
| 8 | | hospital facility, or other health care practitioner licensed, |
| 9 | | accredited, or certified to perform specified health care |
| 10 | | services consistent with State law, responsible for |
| 11 | | recommending health care services on behalf of a covered |
| 12 | | person. |
| 13 | | "Health care services" means services for the diagnosis, |
| 14 | | prevention, treatment, cure, or relief of a health condition, |
| 15 | | illness, injury, or disease. |
| 16 | | "Health carrier" means an entity subject to the insurance |
| 17 | | laws and regulations of this State, or subject to the |
| 18 | | jurisdiction of the Director, that contracts or offers to |
| 19 | | contract to provide, deliver, arrange for, pay for, or |
| 20 | | reimburse any of the costs of health care services, including a |
| 21 | | sickness and accident insurance company, a health maintenance |
| 22 | | organization, or any other entity providing a plan of health |
| 23 | | insurance, health benefits, or health care services. "Health |
| 24 | | carrier" also means Limited Health Service Organizations |
| 25 | | (LHSO) and Voluntary Health Service Plans. |
| 26 | | "Health information" means information or data, whether |
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| 1 | | oral or recorded in any form or medium, and personal facts or |
| 2 | | information about events or relationships that relate to:
|
| 3 | | (1) the past, present, or future physical, mental, or |
| 4 | | behavioral health or condition of an individual or a member |
| 5 | | of the individual's family; |
| 6 | | (2) the provision of health care services to an |
| 7 | | individual; or |
| 8 | | (3) payment for the provision of health care services |
| 9 | | to an individual. |
| 10 | | "Independent review organization" means an entity that |
| 11 | | conducts independent external reviews of adverse |
| 12 | | determinations and final adverse determinations. |
| 13 | | "Medical or scientific evidence" means evidence found in |
| 14 | | the following sources: |
| 15 | | (1) peer-reviewed scientific studies published in or |
| 16 | | accepted for publication by medical journals that meet |
| 17 | | nationally recognized requirements for scientific |
| 18 | | manuscripts and that submit most of their published |
| 19 | | articles for review by experts who are not part of the |
| 20 | | editorial staff; |
| 21 | | (2) peer-reviewed medical literature, including |
| 22 | | literature relating to therapies reviewed and approved by a |
| 23 | | qualified institutional review board, biomedical |
| 24 | | compendia, and other medical literature that meet the |
| 25 | | criteria of the National Institutes of Health's Library of |
| 26 | | Medicine for indexing in Index Medicus (Medline) and |
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| 1 | | Elsevier Science Ltd. for indexing in Excerpta Medicus |
| 2 | | (EMBASE); |
| 3 | | (3) medical journals recognized by the Secretary of |
| 4 | | Health and Human Services under Section 1861(t)(2) of the |
| 5 | | federal Social Security Act; |
| 6 | | (4) the following standard reference compendia:
|
| 7 | | (a) The American Hospital Formulary Service-Drug |
| 8 | | Information; |
| 9 | | (b) Drug Facts and Comparisons; |
| 10 | | (c) The American Dental Association Accepted |
| 11 | | Dental Therapeutics; and |
| 12 | | (d) The United States Pharmacopoeia-Drug |
| 13 | | Information; |
| 14 | | (5) findings, studies, or research conducted by or |
| 15 | | under the auspices of federal government agencies and |
| 16 | | nationally recognized federal research institutes, |
| 17 | | including: |
| 18 | | (a) the federal Agency for Healthcare Research and |
| 19 | | Quality; |
| 20 | | (b) the National Institutes of Health; |
| 21 | | (c) the National Cancer Institute; |
| 22 | | (d) the National Academy of Sciences; |
| 23 | | (e) the Centers for Medicare & Medicaid Services; |
| 24 | | (f) the federal Food and Drug Administration; and |
| 25 | | (g) any national board recognized by the National |
| 26 | | Institutes of Health for the purpose of evaluating the |
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| 1 | | medical value of health care services; or |
| 2 | | (6) any other medical or scientific evidence that is |
| 3 | | comparable to the sources listed in items (1) through (5). |
| 4 | | "Person" means an individual, a corporation, a |
| 5 | | partnership, an association, a joint venture, a joint stock |
| 6 | | company, a trust, an unincorporated organization, any similar |
| 7 | | entity, or any combination of the foregoing. |
| 8 | | "Prospective review" means a review conducted prior to an |
| 9 | | admission or the provision of a health care service or a course |
| 10 | | of treatment in accordance with a health carrier's requirement |
| 11 | | that the health care service or course of treatment, in whole |
| 12 | | or in part, be approved prior to its provision. |
| 13 | | "Protected health information" means health information |
| 14 | | (i) that identifies an individual who is the subject of the |
| 15 | | information; or (ii) with respect to which there is a |
| 16 | | reasonable basis to believe that the information could be used |
| 17 | | to identify an individual. |
| 18 | | "Randomized clinical trial" means a controlled prospective |
| 19 | | study of patients that have been randomized into an |
| 20 | | experimental group and a control group at the beginning of the |
| 21 | | study with only the experimental group of patients receiving a |
| 22 | | specific intervention, which includes study of the groups for |
| 23 | | variables and anticipated outcomes over time. |
| 24 | | "Retrospective review" means any review of a request for a |
| 25 | | benefit that is not a concurrent or prospective review request. |
| 26 | | "Retrospective review" does not include the review of a claim |
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| 1 | | that is limited to veracity of documentation or accuracy of |
| 2 | | coding. |
| 3 | | "Utilization review" has the meaning provided by the |
| 4 | | Managed Care Reform and Patient Rights Act. |
| 5 | | "Utilization review organization" means a utilization |
| 6 | | review program as defined in the Managed Care Reform and |
| 7 | | Patient Rights Act.
|
| 8 | | (Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11; |
| 9 | | 97-813, eff. 7-13-12; revised 11-14-13.)
|
| 10 | | Section 365. The Public Utilities Act is amended by |
| 11 | | changing Sections 13-903 and 21-401 as follows:
|
| 12 | | (220 ILCS 5/13-903)
|
| 13 | | (Section scheduled to be repealed on July 1, 2015)
|
| 14 | | Sec. 13-903. Authorization, verification or notification, |
| 15 | | and dispute
resolution for
covered product and service charges |
| 16 | | on the telephone bill. |
| 17 | | (a) Definitions. As used in this Section:
|
| 18 | | (1) "Subscriber" means a
telecommunications
carrier's |
| 19 | | retail business customer served by not more than 20 lines |
| 20 | | or a retail
residential
customer.
|
| 21 | | (2) "Telecommunications carrier" has the
meaning given |
| 22 | | in Section 13-202 of the Public Utilities Act and includes |
| 23 | | agents
and
employees of a telecommunications carrier, |
| 24 | | except that "telecommunications
carrier"
does not include |
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| 1 | | a provider of commercial mobile radio services (as defined |
| 2 | | by
47
U.S.C. 332(d)(1)).
|
| 3 | | (b) Applicability of Section. This Section does not apply |
| 4 | | to:
|
| 5 | | (1) changes in a subscriber's local exchange |
| 6 | | telecommunications service
or interexchange |
| 7 | | telecommunications service;
|
| 8 | | (2) message telecommunications charges that are |
| 9 | | initiated by dialing 1+,
0+, 0-, 1010XXX, or collect calls |
| 10 | | and charges for video services if the service
provider has |
| 11 | | the necessary call detail record to establish the billing |
| 12 | | for the
call or
service; and
|
| 13 | | (3) telecommunications services available on a |
| 14 | | subscriber's line when the
subscriber activates and pays |
| 15 | | for the services on a per use basis.
|
| 16 | | (c) Requirements for billing authorized charges. A |
| 17 | | telecommunications
carrier shall
meet all of the following |
| 18 | | requirements before submitting charges for any
product or |
| 19 | | service to
be billed on any subscriber's telephone bill:
|
| 20 | | (1) Inform the subscriber. The telecommunications |
| 21 | | carrier offering the
product
or service must thoroughly |
| 22 | | inform the subscriber of the product or service
being
|
| 23 | | offered, including all associated charges, and explicitly |
| 24 | | inform the
subscriber that
the associated charges for the |
| 25 | | product or service will appear on the
subscriber's
|
| 26 | | telephone bill.
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| 1 | | (2) Obtain subscriber authorization. The subscriber |
| 2 | | must have clearly and
explicitly
consented to obtaining the |
| 3 | | product or service offered and to having the
associated |
| 4 | | charges
appear on the subscriber's telephone bill. The |
| 5 | | consent must be verified by the
service
provider in |
| 6 | | accordance with subsection (d) of this Section. A record of |
| 7 | | the
consent must
be maintained by the telecommunications |
| 8 | | carrier offering the product or service
for at
least 24 |
| 9 | | months immediately after the consent and verification were |
| 10 | | obtained.
|
| 11 | | (d) Verification or notification. Except in |
| 12 | | subscriber-initiated
transactions with a
certificated |
| 13 | | telecommunications carrier for which the telecommunications
|
| 14 | | carrier has the
appropriate documentation, the |
| 15 | | telecommunications carrier, after obtaining the
subscriber's
|
| 16 | | authorization in the required manner, shall either verify the |
| 17 | | authorization or
notify the
subscriber as follows:
|
| 18 | | (1) Independent third-party verification:
|
| 19 | | (A) Verification shall be obtained by an |
| 20 | | independent third party
that:
|
| 21 | | (i) operates from a facility physically |
| 22 | | separate from that
of the telecommunications |
| 23 | | carrier;
|
| 24 | | (ii) is not directly or indirectly managed, |
| 25 | | controlled,
directed, or owned wholly or in part by |
| 26 | | the telecommunications
carrier or the carrier's |
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| 1 | | marketing agent; and
|
| 2 | | (iii) does not derive commissions or |
| 3 | | compensation based
upon the number of sales |
| 4 | | confirmed.
|
| 5 | | (B) The third-party verification agent shall |
| 6 | | state, and shall
obtain the subscriber's |
| 7 | | acknowledgment of, the following disclosures:
|
| 8 | | (i) the subscriber's name, address, and the |
| 9 | | telephone
numbers of all telephone lines that will |
| 10 | | be charged for the
product or service of the |
| 11 | | telecommunications carrier;
|
| 12 | | (ii) that the person speaking to the third |
| 13 | | party verification
agent is in fact the |
| 14 | | subscriber;
|
| 15 | | (iii) that the subscriber wishes to purchase |
| 16 | | the product or
service of the telecommunications |
| 17 | | carrier and is agreeing to do so;
|
| 18 | | (iv) that the subscriber understands that the |
| 19 | | charges for the
product or service of the |
| 20 | | telecommunications carrier will appear
on the |
| 21 | | subscriber's telephone bill; and
|
| 22 | | (v) the name and customer service telephone |
| 23 | | number of
the telecommunications carrier.
|
| 24 | | (C) The telecommunications carrier shall retain, |
| 25 | | electronically
or otherwise, proof of the verification |
| 26 | | of sales for a minimum of 24
months.
|
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| 1 | | (2) Notification. Written notification shall be |
| 2 | | provided as follows:
|
| 3 | | (A) the telecommunications carrier shall mail a |
| 4 | | letter to the
subscriber using first class mail, |
| 5 | | postage prepaid, no later than 10 days
after initiation |
| 6 | | of the product or service;
|
| 7 | | (B) the letter shall be a separate document sent |
| 8 | | for the sole
purpose of describing the product or |
| 9 | | service of the telecommunications
carrier;
|
| 10 | | (C) the letter shall be printed with 10-point or |
| 11 | | larger type and
clearly and conspicuously disclose the |
| 12 | | material terms and conditions of
the offer of the |
| 13 | | telecommunications carrier, as described in paragraph |
| 14 | | (1)
of subsection (c);
|
| 15 | | (D) the letter shall contain a toll-free telephone |
| 16 | | number the
subscriber can call to cancel the product or |
| 17 | | service;
|
| 18 | | (E) the telecommunications carrier shall retain, |
| 19 | | electronically
or otherwise, proof of written |
| 20 | | notification for a minimum of 24 months; and
|
| 21 | | (F) written notification can be provided via |
| 22 | | electronic mail if
consumers are given the disclosures |
| 23 | | required by Section 101(c) of the
Electronic |
| 24 | | Signatures in Global and National Commerce Act.
|
| 25 | | (e) Unauthorized charges.
|
| 26 | | (1) Responsibilities of the billing telecommunications |
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| 1 | | carrier for
unauthorized
charges. If a subscriber's |
| 2 | | telephone bill is charged for any product or
service |
| 3 | | without
proper subscriber authorization and verification |
| 4 | | or notification of
authorization in
compliance with this |
| 5 | | Section, the telecommunications carrier that billed the
|
| 6 | | subscriber,
on its knowledge or notification of any |
| 7 | | unauthorized charge, shall promptly,
but not later
than 45 |
| 8 | | days after the date of the knowledge or notification of an |
| 9 | | unauthorized
charge:
|
| 10 | | (A) notify the product or service provider to |
| 11 | | immediately cease charging
the subscriber for the |
| 12 | | unauthorized product or service;
|
| 13 | | (B) remove the unauthorized charge from the |
| 14 | | subscriber's bill; and
|
| 15 | | (C) refund or credit to the subscriber all money |
| 16 | | that the subscriber has
paid for any unauthorized |
| 17 | | charge.
|
| 18 | | (f) The Commission shall promulgate any rules necessary to |
| 19 | | ensure that
subscribers are
not billed on the telephone bill |
| 20 | | for products or services in a manner not in
compliance with |
| 21 | | this
Section. The rules promulgated under this Section shall |
| 22 | | comport with the
rules, if any,
promulgated by the Attorney |
| 23 | | General pursuant to the Consumer Fraud and
Deceptive Business
|
| 24 | | Practices Act and with any rules promulgated by the Federal |
| 25 | | Communications
Commission or
Federal Trade Commission.
|
| 26 | | (g) Complaints may be filed with the Commission under this |
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| 1 | | Section by a
subscriber
who has been billed on the telephone |
| 2 | | bill for products or services not in
compliance with this
|
| 3 | | Section or by the Commission on its own motion. Upon filing of |
| 4 | | the complaint,
the parties
may mutually agree to submit the |
| 5 | | complaint to the Commission's established
mediation
process. |
| 6 | | Remedies in the mediation process may include, but shall not be
|
| 7 | | limited to, the
remedies set forth in paragraphs (1) through |
| 8 | | (4) of this subsection. In its
discretion, the
Commission may |
| 9 | | deny the availability of the mediation process and submit the
|
| 10 | | complaint to
hearings. If the complaint is not submitted to |
| 11 | | mediation or if no agreement is
reached during
the mediation |
| 12 | | process, hearings shall be held on the complaint pursuant to
|
| 13 | | Article X 10 of this
Act. If after notice and hearing, the |
| 14 | | Commission finds that a
telecommunications carrier has
|
| 15 | | violated this Section or a rule promulgated under this Section, |
| 16 | | the Commission
may in its
discretion order any one or more of |
| 17 | | the following:
|
| 18 | | (1) Require the violating telecommunications carrier |
| 19 | | to pay a fine of up
to $1,000
into the Public Utility Fund |
| 20 | | for each repeated and intentional violation of
this |
| 21 | | Section.
|
| 22 | | (2) Require the violating carrier to refund or cancel |
| 23 | | all charges for
products
or
services not billed in |
| 24 | | compliance with this Section.
|
| 25 | | (3) Issue a cease and desist order.
|
| 26 | | (4) For a pattern of violation of this Section or for |
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| 1 | | intentionally
violating a
cease
and desist order, revoke |
| 2 | | the violating telecommunications carrier's certificate
of |
| 3 | | service
authority.
|
| 4 | | (Source: P.A. 92-22, eff. 6-30-01; revised 11-12-13.)
|
| 5 | | (220 ILCS 5/21-401) |
| 6 | | (Section scheduled to be repealed on July 1, 2015) |
| 7 | | Sec. 21-401. Applications. |
| 8 | | (a)(1) A person or entity seeking to provide cable service |
| 9 | | or video service pursuant to this Article shall not use the |
| 10 | | public rights-of-way for the installation or construction of |
| 11 | | facilities for the provision of cable service or video service |
| 12 | | or offer cable service or video service until it has obtained a |
| 13 | | State-issued authorization to offer or provide cable or video |
| 14 | | service under this Section, except as provided for in item (2) |
| 15 | | of this subsection (a). All cable or video providers offering |
| 16 | | or providing service in this State shall have authorization |
| 17 | | pursuant to either (i) the Cable and Video Competition Law of |
| 18 | | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the |
| 19 | | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section |
| 20 | | 5-1095 of the Counties Code (55 ILCS 5/5-1095). |
| 21 | | (2) Nothing in this Section shall prohibit a local unit of |
| 22 | | government from granting a permit to a person or entity for the |
| 23 | | use of the public rights-of-way to install or construct |
| 24 | | facilities to provide cable service or video service, at its |
| 25 | | sole discretion. No unit of local government shall be liable |
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| 1 | | for denial or delay of a permit prior to the issuance of a |
| 2 | | State-issued authorization. |
| 3 | | (b) The application to the Commission for State-issued |
| 4 | | authorization shall contain a completed affidavit submitted by |
| 5 | | the applicant and signed by an officer or general partner of |
| 6 | | the applicant affirming all of the following: |
| 7 | | (1) That the applicant has filed or will timely file |
| 8 | | with the Federal Communications Commission all forms |
| 9 | | required by that agency in advance of offering cable |
| 10 | | service or video service in this State. |
| 11 | | (2) That the applicant agrees to comply with all |
| 12 | | applicable federal and State statutes and regulations. |
| 13 | | (3) That the applicant agrees to comply with all |
| 14 | | applicable local unit of government regulations. |
| 15 | | (4) An exact description of the cable service or video |
| 16 | | service area where the cable service or video service will |
| 17 | | be offered during the term of the State-issued |
| 18 | | authorization. The service area shall be identified in |
| 19 | | terms of either (i) exchanges, as that term is defined in |
| 20 | | Section 13-206 of this Act; (ii) a collection of United |
| 21 | | States Census Bureau Block numbers (13 digit); (iii) if the |
| 22 | | area is smaller than the areas identified in either (i) or |
| 23 | | (ii), by geographic information system digital boundaries |
| 24 | | meeting or exceeding national map accuracy standards; or |
| 25 | | (iv) local unit of government. The description shall |
| 26 | | include the number of low-income households within the |
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| 1 | | service area or footprint. If an applicant is a an |
| 2 | | incumbent cable operator, the incumbent cable operator and |
| 3 | | any successor-in-interest shall be obligated to provide |
| 4 | | access to cable services or video services within any local |
| 5 | | units of government at the same levels required by the |
| 6 | | local franchising authorities for the local unit of |
| 7 | | government on June 30, 2007
(the effective date of Public |
| 8 | | Act 95-9),
and its application shall provide a description |
| 9 | | of an area no smaller than the service areas contained in |
| 10 | | its franchise or franchises
within the jurisdiction of the |
| 11 | | local unit of government in which it seeks to offer cable |
| 12 | | or video service. |
| 13 | | (5) The location and telephone number of the |
| 14 | | applicant's principal place of business within this State |
| 15 | | and the names of the applicant's principal executive |
| 16 | | officers who are responsible for communications concerning |
| 17 | | the application and the services to be offered pursuant to |
| 18 | | the application, the applicant's legal name, and any name |
| 19 | | or names under which the applicant does or will provide |
| 20 | | cable services or video services in this State. |
| 21 | | (6) A certification that the applicant has |
| 22 | | concurrently delivered a copy of the application to all |
| 23 | | local units of government that include all or any part of |
| 24 | | the service area identified in item (4) of this subsection |
| 25 | | (b)
within such local unit of government's jurisdictional |
| 26 | | boundaries. |
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| 1 | | (7) The expected date that cable service or video |
| 2 | | service will be initially offered in the area identified in |
| 3 | | item (4) of this subsection (b). In the event that a holder |
| 4 | | does not offer cable services or video services within 3
|
| 5 | | months after the expected date, it shall amend its |
| 6 | | application and update the expected date service will be |
| 7 | | offered and explain the delay in offering cable services or |
| 8 | | video services. |
| 9 | | (8) For any entity that received State-issued |
| 10 | | authorization prior to this amendatory Act of the 98th |
| 11 | | General Assembly as a cable operator and that intends to |
| 12 | | proceed as a cable operator under this Article, the entity |
| 13 | | shall file a written affidavit with the Commission and |
| 14 | | shall serve a copy of the affidavit with any local units of |
| 15 | | government affected by the authorization within 30 days |
| 16 | | after the effective date of this amendatory Act of the 98th |
| 17 | | General Assembly stating that the holder will be providing |
| 18 | | cable service under the State-issued authorization. |
| 19 | | The application shall include adequate assurance that the |
| 20 | | applicant possesses the financial, managerial, legal, and |
| 21 | | technical qualifications necessary to construct and operate |
| 22 | | the proposed system, to promptly repair any damage to the |
| 23 | | public right-of-way caused by the applicant, and to pay the |
| 24 | | cost of removal of its facilities. To accomplish these |
| 25 | | requirements, the applicant may, at the time the applicant |
| 26 | | seeks to use the public rights-of-way in that jurisdiction, be |
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| 1 | | required by the State of Illinois or
later be required by the |
| 2 | | local unit of government, or both, to post a bond, produce a |
| 3 | | certificate of insurance, or otherwise demonstrate its |
| 4 | | financial responsibility. |
| 5 | | The application shall include the applicant's general |
| 6 | | standards related to customer service required by Section |
| 7 | | 22-501 of this Act, which shall include, but not be limited to, |
| 8 | | installation, disconnection, service and repair obligations; |
| 9 | | appointment hours; employee ID requirements; customer service |
| 10 | | telephone numbers and hours; procedures for billing, charges, |
| 11 | | deposits, refunds, and credits; procedures for termination of |
| 12 | | service; notice of deletion of programming service and changes |
| 13 | | related to transmission of programming or changes or increases |
| 14 | | in rates; use and availability of parental control or lock-out |
| 15 | | devices; complaint procedures and procedures for bill dispute |
| 16 | | resolution and a description of the rights and remedies |
| 17 | | available to consumers if the holder does not materially meet |
| 18 | | their customer service standards; and special services for |
| 19 | | customers with visual, hearing, or mobility disabilities. |
| 20 | | (c)(1) The applicant may designate information that it |
| 21 | | submits in its application or subsequent reports as |
| 22 | | confidential or proprietary, provided that the applicant |
| 23 | | states the reasons the confidential designation is necessary. |
| 24 | | The Commission shall provide adequate protection for such |
| 25 | | information pursuant to Section 4-404 of this Act. If the |
| 26 | | Commission, a local unit of government, or any other party |
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| 1 | | seeks public disclosure of information designated as |
| 2 | | confidential, the Commission shall consider the confidential |
| 3 | | designation in a proceeding under the Illinois Administrative |
| 4 | | Procedure
Act, and the burden of proof to demonstrate that the |
| 5 | | designated information is confidential shall be upon the |
| 6 | | applicant. Designated information shall remain confidential |
| 7 | | pending the Commission's determination of whether the |
| 8 | | information is entitled to confidential treatment. Information |
| 9 | | designated as confidential shall be provided to local units of |
| 10 | | government for purposes of assessing compliance with this |
| 11 | | Article as permitted under a Protective Order issued by the |
| 12 | | Commission pursuant to the Commission's rules and to the |
| 13 | | Attorney General pursuant to Section 6.5 of the Attorney |
| 14 | | General Act
(15 ILCS 205/6.5). Information designated as |
| 15 | | confidential under this Section or determined to be |
| 16 | | confidential upon Commission review shall only be disclosed |
| 17 | | pursuant to a valid and enforceable subpoena or court order or |
| 18 | | as required by the Freedom of Information Act. Nothing herein |
| 19 | | shall delay the application approval timeframes set forth in |
| 20 | | this Article. |
| 21 | | (2) Information regarding the location of video services |
| 22 | | that have been or are being offered to the public and aggregate |
| 23 | | information included in the reports required by this Article |
| 24 | | shall not be designated or treated as confidential. |
| 25 | | (d)(1) The Commission shall post all applications it |
| 26 | | receives under this Article on its web site within 5
business |
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| 1 | | days. |
| 2 | | (2) The Commission shall notify an applicant for a cable |
| 3 | | service or video service authorization whether the applicant's |
| 4 | | application and affidavit are complete on or before the 15th |
| 5 | | business day after the applicant submits the application. If |
| 6 | | the application and affidavit are not complete, the Commission |
| 7 | | shall state in its notice all of the reasons the application or |
| 8 | | affidavit are incomplete, and the applicant shall resubmit a |
| 9 | | complete application. The Commission shall have 30 days after |
| 10 | | submission by the applicant of a complete application and |
| 11 | | affidavit to issue the service authorization. If the Commission |
| 12 | | does not notify the applicant regarding the completeness of the |
| 13 | | application and affidavit or issue the service authorization |
| 14 | | within the time periods required under this subsection, the |
| 15 | | application and affidavit shall be considered complete and the |
| 16 | | service authorization issued upon the expiration of the 30th |
| 17 | | day. |
| 18 | | (e) Any authorization issued by the Commission will expire |
| 19 | | on December 31, 2015 and shall contain or include all of the |
| 20 | | following: |
| 21 | | (1) A grant of authority, including an authorization |
| 22 | | issued prior to this amendatory Act of the 98th General |
| 23 | | Assembly, to provide cable service or video service in the |
| 24 | | service area footprint as requested in the application, |
| 25 | | subject to the provisions of this Article in existence on |
| 26 | | the date the grant of authority was issued, and any |
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| 1 | | modifications to this Article enacted at any time prior to |
| 2 | | the date in Section 21-1601 of this Act, and to the laws of |
| 3 | | the State and the ordinances, rules, and regulations of the |
| 4 | | local units of government. |
| 5 | | (2) A grant of authority to use, occupy, and construct |
| 6 | | facilities in the public rights-of-way for the delivery of |
| 7 | | cable service or video service in the service area |
| 8 | | footprint, subject to the laws, ordinances, rules, or |
| 9 | | regulations of this State and local units of governments. |
| 10 | | (3) A statement that the grant of authority is subject |
| 11 | | to lawful operation of the cable service or video service |
| 12 | | by the applicant, its affiliated entities, or its |
| 13 | | successors-in-interest. |
| 14 | | (4) The Commission shall notify a local unit of |
| 15 | | government within 3
business days of the grant of any |
| 16 | | authorization within a service area footprint if that |
| 17 | | authorization includes any part of the local unit of |
| 18 | | government's jurisdictional boundaries and state whether |
| 19 | | the holder will be providing video service or cable service |
| 20 | | under the authorization. |
| 21 | | (f) The authorization issued pursuant to this Section
by |
| 22 | | the Commission may be transferred to any successor-in-interest |
| 23 | | to the applicant to which it is initially granted without |
| 24 | | further Commission action if the successor-in-interest (i) |
| 25 | | submits an application and the information required by |
| 26 | | subsection (b) of this Section
for the successor-in-interest |
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| 1 | | and (ii) is not in violation of this Article or of any federal, |
| 2 | | State, or local law, ordinance, rule, or regulation. A |
| 3 | | successor-in-interest shall file its application and notice of |
| 4 | | transfer with the Commission and the relevant local units of |
| 5 | | government no less than 15
business days prior to the |
| 6 | | completion of the transfer. The Commission is not required or |
| 7 | | authorized to act upon the notice of transfer; however, the |
| 8 | | transfer is not effective until the Commission approves the |
| 9 | | successor-in-interest's application. A local unit of |
| 10 | | government or the Attorney General may seek to bar a transfer |
| 11 | | of ownership by filing suit in a court of competent |
| 12 | | jurisdiction predicated on the existence of a material and |
| 13 | | continuing breach of this Article by the holder, a pattern of |
| 14 | | noncompliance with customer service standards by the potential |
| 15 | | successor-in-interest, or the insolvency of the potential |
| 16 | | successor-in-interest. If a transfer is made when there are |
| 17 | | violations of this Article or of any federal, State, or local |
| 18 | | law, ordinance, rule, or regulation, the successor-in-interest |
| 19 | | shall be subject to 3
times the penalties provided for in this |
| 20 | | Article. |
| 21 | | (g) The authorization issued pursuant to Section 21-401 of |
| 22 | | this Article by the Commission may be terminated, or its cable |
| 23 | | service or video service area footprint may be modified, by the |
| 24 | | cable service provider or video service provider by submitting |
| 25 | | notice to the Commission and to the relevant local unit of |
| 26 | | government containing a description of the change on the same |
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| 1 | | terms as the initial description pursuant to item (4) of |
| 2 | | subsection (b) of this Section. The Commission is not required |
| 3 | | or authorized to act upon that notice. It shall be a violation |
| 4 | | of this Article for a holder to discriminate against potential |
| 5 | | residential subscribers because of the race or income of the |
| 6 | | residents in the local area in which the group resides by |
| 7 | | terminating or modifying its cable service or video service |
| 8 | | area footprint. It shall be a violation of this Article for a |
| 9 | | holder to terminate or modify its cable service or video |
| 10 | | service area footprint if it leaves an area with no cable |
| 11 | | service or video service from any provider. |
| 12 | | (h) The Commission's authority to administer this Article |
| 13 | | is limited to the powers and duties explicitly provided under |
| 14 | | this Article. Its authority under this Article does not include |
| 15 | | or limit the powers and duties that the Commission has under |
| 16 | | the other Articles of this Act, the Illinois Administrative |
| 17 | | Procedure Act,
or any other law or regulation to conduct |
| 18 | | proceedings, other than as provided in subsection (c), or has |
| 19 | | to promulgate rules or regulations. The Commission shall not |
| 20 | | have the authority to limit or expand the obligations and |
| 21 | | requirements provided in this Section or to regulate or control |
| 22 | | a person or entity to the extent that person or entity is |
| 23 | | providing cable service or video service, except as provided in |
| 24 | | this Article.
|
| 25 | | (Source: P.A. 98-45, eff. 6-28-13; revised 11-12-13.)
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| 1 | | Section 370. The Illinois Gas Pipeline Safety Act is |
| 2 | | amended by changing Section 2 as follows:
|
| 3 | | (220 ILCS 20/2) (from Ch. 111 2/3, par. 552)
|
| 4 | | Sec. 2.
As used in this Act, unless the context, otherwise |
| 5 | | requires, the terms
specified in the Sections following this |
| 6 | | Section and preceding Section 3 Sections 2.01 through 2.07 have |
| 7 | | the meanings ascribed to them
in those Sections.
|
| 8 | | (Source: P.A. 76-1588; revised 11-14-13.)
|
| 9 | | Section 375. The Child Care Act of 1969 is amended by |
| 10 | | changing Section 2 as follows:
|
| 11 | | (225 ILCS 10/2) (from Ch. 23, par. 2212)
|
| 12 | | Sec. 2. Terms used in this Act, unless the context |
| 13 | | otherwise requires,
have the meanings ascribed to them in the |
| 14 | | Sections following this Section and preceding Section 3 |
| 15 | | Sections 2.01 through 2.27.
|
| 16 | | (Source: P.A. 94-586, eff. 8-15-05; revised 11-14-13.)
|
| 17 | | Section 380. The Clinical Social Work and Social Work |
| 18 | | Practice Act is amended by changing Section 19 as follows:
|
| 19 | | (225 ILCS 20/19) (from Ch. 111, par. 6369)
|
| 20 | | (Section scheduled to be repealed on January 1, 2018)
|
| 21 | | Sec. 19. Grounds for disciplinary action.
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| 1 | | (1) The Department may refuse to issue, refuse to renew, |
| 2 | | suspend, or
revoke any license, or may place on probation, |
| 3 | | censure, reprimand, or take
other disciplinary or |
| 4 | | non-disciplinary action deemed appropriate by the Department, |
| 5 | | including the
imposition of fines not to exceed $10,000
for |
| 6 | | each violation, with regard to any
license issued under the |
| 7 | | provisions of this Act for any one or a combination of
the |
| 8 | | following reasons:
|
| 9 | | (a) material misstatements of fact in furnishing |
| 10 | | information to the
Department or to any other State agency |
| 11 | | or in furnishing information to any
insurance company with |
| 12 | | respect to a claim on behalf of a licensee or a patient;
|
| 13 | | (b) violations or negligent or intentional disregard |
| 14 | | of this Act, or any
of the rules promulgated hereunder;
|
| 15 | | (c) conviction of or entry of a plea of guilty or nolo |
| 16 | | contendere to any crime that is a felony under the laws of |
| 17 | | the United States or any
state or territory thereof or that |
| 18 | | is a misdemeanor, of
which an essential
element is |
| 19 | | dishonesty, or any crime that is directly related
to the |
| 20 | | practice of the clinical social work or social work |
| 21 | | professions;
|
| 22 | | (d) making any misrepresentation for the purpose of |
| 23 | | obtaining licenses,
or violating any provision of this Act |
| 24 | | or any of the rules promulgated
hereunder;
|
| 25 | | (e) professional incompetence;
|
| 26 | | (f) malpractice;
|
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| 1 | | (g) aiding or assisting another person in violating any |
| 2 | | provision of or this
Act or any rules;
|
| 3 | | (h) failing to provide information within 30 days in |
| 4 | | response to a
written request made by the Department;
|
| 5 | | (i) engaging in dishonorable, unethical or |
| 6 | | unprofessional conduct of a
character likely to deceive, |
| 7 | | defraud or harm the public as defined by the
rules of the |
| 8 | | Department, or violating the rules of professional conduct
|
| 9 | | adopted by the Board and published by the Department;
|
| 10 | | (j) habitual
or excessive use or addiction to alcohol, |
| 11 | | narcotics, stimulants, or any other
chemical agent or drug |
| 12 | | that results in a clinical social worker's or social
|
| 13 | | worker's inability to practice
with reasonable judgment, |
| 14 | | skill, or safety;
|
| 15 | | (k) discipline by another jurisdiction, if at least one |
| 16 | | of the grounds
for the discipline is the same or |
| 17 | | substantially equivalent to those set
forth in this |
| 18 | | Section;
|
| 19 | | (l) directly or indirectly giving to or receiving from |
| 20 | | any person, firm,
corporation, partnership, or association |
| 21 | | any fee, commission, rebate or
other form of compensation |
| 22 | | for any professional service not actually rendered. |
| 23 | | Nothing in this paragraph (l) affects any bona fide |
| 24 | | independent contractor or employment arrangements among |
| 25 | | health care professionals, health facilities, health care |
| 26 | | providers, or other entities, except as otherwise |
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| 1 | | prohibited by law. Any employment arrangements may include |
| 2 | | provisions for compensation, health insurance, pension, or |
| 3 | | other employment benefits for the provision of services |
| 4 | | within the scope of the licensee's practice under this Act. |
| 5 | | Nothing in this paragraph (l) shall be construed to require |
| 6 | | an employment arrangement to receive professional fees for |
| 7 | | services rendered;
|
| 8 | | (m) a finding by the Board that the licensee, after |
| 9 | | having the license
placed on probationary status, has |
| 10 | | violated the terms of probation;
|
| 11 | | (n) abandonment, without cause, of a client;
|
| 12 | | (o) wilfully filing false reports relating to a |
| 13 | | licensee's practice,
including but not limited to false |
| 14 | | records filed with Federal or State
agencies or |
| 15 | | departments;
|
| 16 | | (p) wilfully failing to report an instance of suspected |
| 17 | | child abuse or
neglect as required by the Abused and |
| 18 | | Neglected Child Reporting Act;
|
| 19 | | (q) being named as a perpetrator in an indicated report |
| 20 | | by the
Department of Children and Family Services under the |
| 21 | | Abused and
Neglected Child Reporting Act, and upon proof by |
| 22 | | clear and convincing evidence
that the licensee has caused |
| 23 | | a child to be or failed to take reasonable steps to prevent |
| 24 | | a child from being an abused child or neglected child
as |
| 25 | | defined in the Abused and Neglected Child Reporting Act;
|
| 26 | | (r) physical illness, mental illness, or any other |
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| 1 | | impairment or disability, including, but not limited to,
|
| 2 | | deterioration through the
aging process, or loss of motor |
| 3 | | skills that results in the inability
to practice the |
| 4 | | profession with reasonable judgment, skill or safety;
|
| 5 | | (s) solicitation of professional services by using |
| 6 | | false or
misleading advertising; or
|
| 7 | | (t) violation of the Health Care Worker Self-Referral |
| 8 | | Act.
|
| 9 | | (2) (Blank).
|
| 10 | | (3) The determination by a court that a licensee is subject |
| 11 | | to
involuntary
admission or judicial admission as provided in |
| 12 | | the Mental Health and
Developmental Disabilities Code, will |
| 13 | | result in an automatic suspension of his
license. Such |
| 14 | | suspension will end upon a finding by a court that the licensee
|
| 15 | | is no longer subject to involuntary admission or judicial |
| 16 | | admission and issues
an order so finding and discharging the |
| 17 | | patient, and upon the recommendation of
the Board to the |
| 18 | | Secretary that the licensee be allowed to resume professional
|
| 19 | | practice.
|
| 20 | | (4) The Department may refuse to issue or renew or may |
| 21 | | suspend the license of a
person who (i) fails to file a return, |
| 22 | | pay the tax, penalty, or interest shown in a
filed return, or |
| 23 | | pay any final assessment of tax, penalty, or interest, as
|
| 24 | | required by any tax Act administered by the Department of |
| 25 | | Revenue,
until the requirements of the tax Act are satisfied or |
| 26 | | (ii) has failed to pay any court-ordered child support as |
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| 1 | | determined by a court order or by
referral from the Department |
| 2 | | of Healthcare and Family Services.
|
| 3 | | (5) In enforcing this Section, the Board upon a showing of |
| 4 | | a possible
violation may compel a person licensed to practice |
| 5 | | under this Act, or
who has applied for licensure or |
| 6 | | certification pursuant to this Act, to submit
to a mental or |
| 7 | | physical examination, or both, as required by and at the |
| 8 | | expense
of the Department. The examining physicians
shall be |
| 9 | | those specifically designated by the Board.
The Board or the |
| 10 | | Department may order the examining physician
to present |
| 11 | | testimony concerning this mental or physical
examination
of the |
| 12 | | licensee or applicant. No information shall be excluded by |
| 13 | | reason of
any common law or statutory privilege relating to |
| 14 | | communications between the
licensee or applicant and the |
| 15 | | examining physician.
The person to be examined may have, at his |
| 16 | | or her own expense, another
physician of his or her choice |
| 17 | | present during all
aspects of the examination. Failure of any |
| 18 | | person to submit to a mental or
physical examination, when |
| 19 | | directed, shall be grounds for suspension of a
license until |
| 20 | | the person submits to the examination if the Board finds,
after |
| 21 | | notice and hearing, that the refusal to submit to the |
| 22 | | examination was
without reasonable cause.
|
| 23 | | If the Board finds a person unable to practice because of |
| 24 | | the reasons
set forth in this Section, the Board may require |
| 25 | | that person to submit to
care, counseling, or treatment by |
| 26 | | physicians
approved
or designated by the Board, as a condition, |
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| 1 | | term, or restriction for continued,
reinstated, or
renewed |
| 2 | | licensure to practice; or, in lieu of care, counseling or |
| 3 | | treatment,
the
Board may recommend to the Department to file a |
| 4 | | complaint to immediately
suspend, revoke or otherwise |
| 5 | | discipline the license of the person.
Any person whose
license |
| 6 | | was granted, continued, reinstated, renewed, disciplined or |
| 7 | | supervised
subject to such terms, conditions or restrictions, |
| 8 | | and who fails to comply with
such terms, conditions, or |
| 9 | | restrictions, shall be referred to the Secretary for
a
|
| 10 | | determination as to whether the person shall have his or her |
| 11 | | license
suspended immediately, pending a hearing by the Board.
|
| 12 | | In instances in which the Secretary immediately suspends a |
| 13 | | person's license
under this Section, a hearing on that person's |
| 14 | | license must be convened by
the Board within 30 days after the |
| 15 | | suspension and completed without appreciable
delay.
The Board |
| 16 | | shall have the authority to review the subject person's record |
| 17 | | of
treatment and counseling regarding the impairment, to the |
| 18 | | extent permitted by
applicable federal statutes and |
| 19 | | regulations safeguarding the confidentiality of
medical |
| 20 | | records.
|
| 21 | | A person licensed under this Act and affected under this |
| 22 | | Section shall
be
afforded an opportunity to demonstrate to the |
| 23 | | Board that he or she can resume
practice in compliance with |
| 24 | | acceptable and prevailing standards under the
provisions of his |
| 25 | | or her license.
|
| 26 | | (Source: P.A. 95-687, eff. 10-23-07; 96-1482, eff. 11-29-10; |
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| 1 | | revised 11-14-13.)
|
| 2 | | Section 385. The Illinois Dental Practice Act is amended by |
| 3 | | changing Section 17 as follows:
|
| 4 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
|
| 5 | | (Section scheduled to be repealed on January 1, 2016)
|
| 6 | | Sec. 17. Acts Constituting the Practice of Dentistry. A |
| 7 | | person
practices dentistry, within the meaning of this Act:
|
| 8 | | (1) Who represents himself or herself as being able to |
| 9 | | diagnose or diagnoses,
treats, prescribes, or operates for |
| 10 | | any disease, pain, deformity, deficiency,
injury, or |
| 11 | | physical condition of the human tooth, teeth, alveolar |
| 12 | | process,
gums or jaw; or
|
| 13 | | (2) Who is a manager, proprietor, operator or conductor |
| 14 | | of a
business where
dental operations are performed; or
|
| 15 | | (3) Who performs dental operations of any kind; or
|
| 16 | | (4) Who uses an X-Ray machine or X-Ray films for
dental |
| 17 | | diagnostic purposes; or
|
| 18 | | (5) Who extracts a human tooth or teeth, or corrects or |
| 19 | | attempts to
correct
malpositions of the human teeth or |
| 20 | | jaws; or
|
| 21 | | (6) Who offers or undertakes, by any means or method, |
| 22 | | to diagnose, treat
or remove stains, calculus, and bonding |
| 23 | | materials from human teeth or jaws; or
|
| 24 | | (7) Who uses or administers local or general |
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| 1 | | anesthetics in the treatment
of dental or oral diseases or |
| 2 | | in any preparation incident to a dental operation
of any |
| 3 | | kind or character; or
|
| 4 | | (8) Who takes impressions of the human tooth, teeth, or |
| 5 | | jaws or performs
any phase of any operation incident to the |
| 6 | | replacement of a part of a tooth,
a tooth, teeth or |
| 7 | | associated tissues by means of a filling, crown, a bridge,
|
| 8 | | a denture or other appliance; or
|
| 9 | | (9) Who offers to furnish, supply, construct, |
| 10 | | reproduce or repair, or
who furnishes, supplies, |
| 11 | | constructs, reproduces or repairs, prosthetic
dentures, |
| 12 | | bridges or other substitutes for natural teeth, to the user |
| 13 | | or
prospective user thereof; or
|
| 14 | | (10) Who instructs students on clinical matters or |
| 15 | | performs any clinical
operation included in the curricula |
| 16 | | of recognized dental schools and colleges; or
|
| 17 | | (11) Who takes impressions of human teeth or places his |
| 18 | | or her hands in the mouth of any person for the purpose of |
| 19 | | applying teeth whitening materials, or who takes |
| 20 | | impressions of human teeth or places his or her hands in |
| 21 | | the mouth of any person for the purpose of assisting in the |
| 22 | | application of teeth whitening materials. A person does not |
| 23 | | practice dentistry when he or she discloses to the consumer |
| 24 | | that he or she is not licensed as a dentist under this Act |
| 25 | | and (i) discusses the use of teeth whitening materials with |
| 26 | | a consumer purchasing these materials; (ii) provides |
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| 1 | | instruction on the use of teeth whitening materials with a |
| 2 | | consumer purchasing these materials; or (iii) provides |
| 3 | | appropriate equipment on-site to the consumer for the |
| 4 | | consumer to self-apply teeth whitening materials. |
| 5 | | The fact that any person engages in or performs, or offers |
| 6 | | to engage in
or perform, any of the practices, acts, or |
| 7 | | operations set forth in this
Section, shall be prima facie |
| 8 | | evidence that such person is engaged in the
practice of |
| 9 | | dentistry.
|
| 10 | | The following practices, acts, and operations, however, |
| 11 | | are exempt from
the operation of this Act:
|
| 12 | | (a) The rendering of dental relief in emergency cases |
| 13 | | in the practice
of his or her profession by a physician or |
| 14 | | surgeon, licensed as such
under the laws of this State, |
| 15 | | unless he or she undertakes to reproduce or reproduces
lost |
| 16 | | parts of the human teeth in the mouth or to restore or |
| 17 | | replace lost
or missing teeth in the mouth; or
|
| 18 | | (b) The practice of dentistry in the discharge of their |
| 19 | | official duties
by dentists in any branch of the Armed |
| 20 | | Services of the United States, the
United States Public |
| 21 | | Health Service, or the United States Veterans
|
| 22 | | Administration; or
|
| 23 | | (c) The practice of dentistry by students in their |
| 24 | | course of study
in dental schools or colleges approved by |
| 25 | | the Department, when acting under the
direction and |
| 26 | | supervision of dentists acting as instructors; or
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| 1 | | (d) The practice of dentistry by clinical instructors |
| 2 | | in the course of
their teaching duties in dental schools or |
| 3 | | colleges approved by the
Department:
|
| 4 | | (i) when acting under the direction and |
| 5 | | supervision of dentists,
provided that such clinical |
| 6 | | instructors have instructed continuously in
this State |
| 7 | | since January 1, 1986; or
|
| 8 | | (ii) when holding the rank of full professor at |
| 9 | | such approved dental
school or college and possessing a |
| 10 | | current valid license or authorization
to practice |
| 11 | | dentistry in another country; or
|
| 12 | | (e) The practice of dentistry by licensed dentists of |
| 13 | | other states or
countries at meetings of the Illinois State |
| 14 | | Dental Society or component
parts thereof, alumni meetings |
| 15 | | of dental colleges, or any other like dental
organizations, |
| 16 | | while appearing as clinicians; or
|
| 17 | | (f) The use of X-Ray machines for exposing X-Ray films |
| 18 | | of dental or oral
tissues by dental hygienists or dental |
| 19 | | assistants; or
|
| 20 | | (g) The performance of any dental service by a dental |
| 21 | | assistant, if such
service is performed under the |
| 22 | | supervision and full responsibility of a
dentist.
|
| 23 | | For purposes of this paragraph (g), "dental service" is |
| 24 | | defined to mean
any intraoral procedure or act which shall |
| 25 | | be prescribed by rule or
regulation of the Department. |
| 26 | | Dental service, however, shall not include:
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| 1 | | (1) Any and all diagnosis of or prescription for |
| 2 | | treatment of disease,
pain, deformity, deficiency, |
| 3 | | injury or physical condition of the human teeth
or |
| 4 | | jaws, or adjacent structures.
|
| 5 | | (2) Removal of, or restoration of, or addition
to |
| 6 | | the hard or soft tissues of the oral cavity, except for |
| 7 | | the placing, carving, and finishing of amalgam |
| 8 | | restorations by dental assistants who have had |
| 9 | | additional formal education and certification as |
| 10 | | determined by the Department. A dentist utilizing |
| 11 | | dental assistants shall not supervise more than 4 |
| 12 | | dental assistants at any one time for placing, carving, |
| 13 | | and finishing of amalgam restorations.
|
| 14 | | (3) Any and all correction of malformation of teeth |
| 15 | | or of the jaws.
|
| 16 | | (4) Administration of anesthetics, except for |
| 17 | | monitoring of
nitrous oxide, conscious sedation, deep |
| 18 | | sedation, and general anesthetic as provided in |
| 19 | | Section 8.1 of this Act, that may be performed only |
| 20 | | after successful completion of a training
program |
| 21 | | approved by the Department. A dentist utilizing dental |
| 22 | | assistants shall not supervise more than 4 dental |
| 23 | | assistants at any one time for the monitoring of |
| 24 | | nitrous oxide.
|
| 25 | | (5) Removal of calculus from human teeth.
|
| 26 | | (6) Taking of impressions for the fabrication of |
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| 1 | | prosthetic
appliances,
crowns,
bridges, inlays, |
| 2 | | onlays, or other restorative or replacement
dentistry.
|
| 3 | | (7) The operative procedure of dental hygiene |
| 4 | | consisting of oral
prophylactic procedures, except for |
| 5 | | coronal polishing and pit and fissure sealants,
which |
| 6 | | may be
performed by a
dental assistant who has |
| 7 | | successfully completed a training program approved by
|
| 8 | | the Department. Dental assistants may perform coronal |
| 9 | | polishing under the
following circumstances: (i) the |
| 10 | | coronal polishing shall be limited to
polishing the
|
| 11 | | clinical crown of the tooth and existing restorations, |
| 12 | | supragingivally; (ii)
the
dental assistant performing |
| 13 | | the coronal polishing shall be limited to the use
of
|
| 14 | | rotary instruments using a rubber cup or brush |
| 15 | | polishing method (air polishing
is
not permitted); and |
| 16 | | (iii) the supervising dentist shall not supervise more
|
| 17 | | than 4
dental assistants at any one time for the task |
| 18 | | of coronal polishing or pit and fissure sealants.
|
| 19 | | The limitations on the number of dental assistants a |
| 20 | | dentist may supervise contained in items (2), (4), and (7) |
| 21 | | of this paragraph (g) Section mean a limit of 4 total |
| 22 | | dental assistants or dental hygienists doing expanded |
| 23 | | functions covered by these Sections being supervised by one |
| 24 | | dentist. |
| 25 | | (h) The practice of dentistry by an individual who:
|
| 26 | | (i) has applied in writing to the Department, in |
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| 1 | | form and substance
satisfactory to the Department, for |
| 2 | | a general dental license and has
complied with all |
| 3 | | provisions of Section 9 of this Act, except for the
|
| 4 | | passage of the examination specified in subsection |
| 5 | | (e), of Section 9, of this
Act; or
|
| 6 | | (ii) has applied in writing to the Department, in |
| 7 | | form and substance
satisfactory to the Department, for |
| 8 | | a temporary dental license and has
complied with all |
| 9 | | provisions of subsection (c), of Section 11, of this |
| 10 | | Act; and
|
| 11 | | (iii) has been accepted or appointed for specialty |
| 12 | | or residency training
by a hospital situated in this |
| 13 | | State; or
|
| 14 | | (iv) has been accepted or appointed for specialty |
| 15 | | training in an
approved dental program situated in this |
| 16 | | State; or
|
| 17 | | (v) has been accepted or appointed for specialty |
| 18 | | training in a dental
public health agency situated in |
| 19 | | this State.
|
| 20 | | The applicant shall be permitted to practice dentistry |
| 21 | | for a period of 3
months from the starting date of the |
| 22 | | program, unless authorized in writing
by the Department to |
| 23 | | continue such practice for a period specified in
writing by |
| 24 | | the Department.
|
| 25 | | The applicant shall only be entitled to perform such |
| 26 | | acts as may be
prescribed by and incidental to his or her |
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| 1 | | program of residency or specialty
training and shall not |
| 2 | | otherwise engage in the practice of dentistry in this
|
| 3 | | State.
|
| 4 | | The authority to practice shall terminate immediately |
| 5 | | upon:
|
| 6 | | (1) the decision of the Department that the |
| 7 | | applicant has failed the
examination; or
|
| 8 | | (2) denial of licensure by the Department; or
|
| 9 | | (3) withdrawal of the application.
|
| 10 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; |
| 11 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. |
| 12 | | 8-16-13; revised 11-14-13.)
|
| 13 | | Section 390. The Dietitian Nutritionist Practice Act is |
| 14 | | amended by changing Section 95 as follows:
|
| 15 | | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
|
| 16 | | (Section scheduled to be repealed on January 1, 2023)
|
| 17 | | Sec. 95. Grounds for discipline.
|
| 18 | | (1) The Department may refuse to issue or
renew, or may |
| 19 | | revoke, suspend, place on probation, reprimand, or take other
|
| 20 | | disciplinary or non-disciplinary action as the Department may |
| 21 | | deem appropriate, including imposing fines not to
exceed |
| 22 | | $10,000 for each violation, with regard to any license or |
| 23 | | certificate for
any one or combination of the following causes:
|
| 24 | | (a) Material misstatement in furnishing information to |
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| 1 | | the Department.
|
| 2 | | (b) Violations of this Act or of
rules adopted under |
| 3 | | this Act.
|
| 4 | | (c) Conviction by plea of guilty or nolo contendere, |
| 5 | | finding of guilt, jury verdict, or entry of judgment or by |
| 6 | | sentencing of any crime, including, but not limited to, |
| 7 | | convictions, preceding sentences of supervision, |
| 8 | | conditional discharge, or first offender probation, under |
| 9 | | the laws of any jurisdiction of the United States (i) that |
| 10 | | is a felony or (ii) that is a misdemeanor, an essential |
| 11 | | element of which is dishonesty, or that is directly related |
| 12 | | to the practice of the profession.
|
| 13 | | (d) Fraud or any misrepresentation in applying for or |
| 14 | | procuring a license under this Act or in connection with |
| 15 | | applying for renewal of a license under this Act.
|
| 16 | | (e) Professional incompetence or gross negligence.
|
| 17 | | (f) Malpractice.
|
| 18 | | (g) Aiding or assisting another person in violating any |
| 19 | | provision of
this Act or its rules.
|
| 20 | | (h) Failing to provide information within 60 days in |
| 21 | | response to a
written request made by the Department.
|
| 22 | | (i) Engaging in dishonorable, unethical or |
| 23 | | unprofessional conduct of a
character likely to deceive, |
| 24 | | defraud, or harm the public.
|
| 25 | | (j) Habitual or excessive use or abuse of drugs defined |
| 26 | | in law as controlled substances, alcohol, or any other |
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| 1 | | substance that results in the
inability to practice with |
| 2 | | reasonable judgment, skill, or safety.
|
| 3 | | (k) Discipline by another state, the District of |
| 4 | | Columbia, territory, country, or governmental agency if at |
| 5 | | least one
of the grounds for the discipline is the same or |
| 6 | | substantially equivalent
to those set forth in this Act.
|
| 7 | | (l) Charging for professional services not rendered, |
| 8 | | including filing false statements for the collection of |
| 9 | | fees for which services are not rendered. Nothing in this |
| 10 | | paragraph (1) affects any bona fide independent contractor |
| 11 | | or employment arrangements among health care |
| 12 | | professionals, health facilities, health care providers, |
| 13 | | or other entities, except as otherwise prohibited by law. |
| 14 | | Any employment arrangements may include provisions for |
| 15 | | compensation, health insurance, pension, or other |
| 16 | | employment benefits for the provision of services within |
| 17 | | the scope of the licensee's practice under this Act. |
| 18 | | Nothing in this paragraph (1) shall be construed to require |
| 19 | | an employment arrangement to receive professional fees for |
| 20 | | services rendered.
|
| 21 | | (m) A finding by the Department that the licensee, |
| 22 | | after having his or her
license placed on probationary |
| 23 | | status, has violated the terms of probation.
|
| 24 | | (n) Willfully making or filing false records or reports |
| 25 | | in his or her practice, including, but not limited to, |
| 26 | | false records filed with State agencies or departments.
|
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| 1 | | (o) Allowing one's license under this Act to be used by |
| 2 | | an unlicensed person in violation of this Act.
|
| 3 | | (p) Practicing under a false or, except as provided by |
| 4 | | law, an assumed name.
|
| 5 | | (q) Gross and willful overcharging for professional |
| 6 | | services.
|
| 7 | | (r) (Blank).
|
| 8 | | (s) Willfully failing to report an instance of |
| 9 | | suspected child abuse
or neglect as required by the Abused |
| 10 | | and Neglected Child Reporting Act.
|
| 11 | | (t) Cheating on or attempting to subvert a licensing |
| 12 | | examination administered under this Act. |
| 13 | | (u) Mental illness or disability that results in the |
| 14 | | inability to practice under this Act with reasonable |
| 15 | | judgment, skill, or safety. |
| 16 | | (v) Physical illness, including, but not limited to, |
| 17 | | deterioration through the aging process or loss of motor |
| 18 | | skill that results in a licensee's inability to practice |
| 19 | | under this Act with reasonable judgment, skill, or safety. |
| 20 | | (w) Advising an individual to discontinue, reduce, |
| 21 | | increase, or otherwise alter the intake of a drug |
| 22 | | prescribed by a physician licensed to practice medicine in |
| 23 | | all its branches or by a prescriber as defined in Section |
| 24 | | 102 of the Illinois Controlled Substances Substance Act. |
| 25 | | (2) The Department may refuse to issue or may suspend |
| 26 | | without hearing, as provided for in the Code of Civil |
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| 1 | | Procedure, the license of any person who fails to file a |
| 2 | | return, or pay the tax, penalty, or interest shown in a filed |
| 3 | | return, or pay any final assessment of the tax, penalty, or |
| 4 | | interest as required by any tax Act administered by the |
| 5 | | Illinois Department of Revenue, until such time as the |
| 6 | | requirements of any such tax Act are satisfied in accordance |
| 7 | | with subsection (g) of Section 2105-15 of the Civil |
| 8 | | Administrative Code of Illinois. |
| 9 | | (3) The Department shall deny a license or renewal |
| 10 | | authorized by this Act to a person who has defaulted on an |
| 11 | | educational loan or scholarship provided or guaranteed by the |
| 12 | | Illinois Student Assistance Commission or any governmental |
| 13 | | agency of this State in accordance with item (5) of subsection |
| 14 | | (a) of Section 2105-15 of the Civil Administrative Code of |
| 15 | | Illinois. |
| 16 | | (4) In cases where the Department of Healthcare and Family |
| 17 | | Services has previously determined a licensee or a potential |
| 18 | | licensee is more than 30 days delinquent in the payment of |
| 19 | | child support and has subsequently certified the delinquency to |
| 20 | | the Department, the Department may refuse to issue or renew or |
| 21 | | may revoke or suspend that person's license or may take other |
| 22 | | disciplinary action against that person based solely upon the |
| 23 | | certification of delinquency made by the Department of |
| 24 | | Healthcare and Family Services in accordance with item (5) of |
| 25 | | subsection (a) of Section 2105-15 1205-15 of the Civil |
| 26 | | Administrative Code of Illinois. |
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| 1 | | (5) The determination by a circuit court that a licensee is |
| 2 | | subject to involuntary admission or judicial admission, as |
| 3 | | provided in the Mental Health and Developmental Disabilities |
| 4 | | Code, operates as an automatic suspension. The suspension shall |
| 5 | | end only upon a finding by a court that the patient is no |
| 6 | | longer subject to involuntary admission or judicial admission |
| 7 | | and the issuance of an order so finding and discharging the |
| 8 | | patient. |
| 9 | | (6) In enforcing this Act, the Department, upon a showing |
| 10 | | of a possible violation, may compel an individual licensed to |
| 11 | | practice under this Act, or who has applied for licensure under |
| 12 | | this Act, to submit to a mental or physical examination, or |
| 13 | | both, as required by and at the expense of the Department. The |
| 14 | | Department may order the examining physician to present |
| 15 | | testimony concerning the mental or physical examination of the |
| 16 | | licensee or applicant. No information shall be excluded by |
| 17 | | reason of any common law or statutory privilege relating to |
| 18 | | communications between the licensee or applicant and the |
| 19 | | examining physician. The examining physicians shall be |
| 20 | | specifically designated by the Department. The individual to be |
| 21 | | examined may have, at his or her own expense, another physician |
| 22 | | of his or her choice present during all aspects of this |
| 23 | | examination. The examination shall be performed by a physician |
| 24 | | licensed to practice medicine in all its branches. Failure of |
| 25 | | an individual to submit to a mental or physical examination, |
| 26 | | when directed, shall result in an automatic suspension without |
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| 1 | | hearing. |
| 2 | | A person holding a license under this Act or who has |
| 3 | | applied for a license under this Act who, because of a physical |
| 4 | | or mental illness or disability, including, but not limited to, |
| 5 | | deterioration through the aging process or loss of motor skill, |
| 6 | | is unable to practice the profession with reasonable judgment, |
| 7 | | skill, or safety, may be required by the Department to submit |
| 8 | | to care, counseling, or treatment by physicians approved or |
| 9 | | designated by the Department as a condition, term, or |
| 10 | | restriction for continued, reinstated, or renewed licensure to |
| 11 | | practice. Submission to care, counseling, or treatment as |
| 12 | | required by the Department shall not be considered discipline |
| 13 | | of a license. If the licensee refuses to enter into a care, |
| 14 | | counseling, or treatment agreement or fails to abide by the |
| 15 | | terms of the agreement, then the Department may file a |
| 16 | | complaint to revoke, suspend, or otherwise discipline the |
| 17 | | license of the individual. The Secretary may order the license |
| 18 | | suspended immediately, pending a hearing by the Department. |
| 19 | | Fines shall not be assessed in disciplinary actions involving |
| 20 | | physical or mental illness or impairment. |
| 21 | | In instances in which the Secretary immediately suspends a |
| 22 | | person's license under this Section, a hearing on that person's |
| 23 | | license must be convened by the Department within 15 days after |
| 24 | | the suspension and completed without appreciable delay. The |
| 25 | | Department shall have the authority to review the subject |
| 26 | | individual's record of treatment and counseling regarding the |
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| 1 | | impairment to the extent permitted by applicable federal |
| 2 | | statutes and regulations safeguarding the confidentiality of
|
| 3 | | medical records. |
| 4 | | An individual licensed under this Act and affected under |
| 5 | | this Section shall be afforded an opportunity to demonstrate to |
| 6 | | the Department that he or she can resume practice in compliance |
| 7 | | with acceptable and prevailing standards under the provisions |
| 8 | | of his or her license.
|
| 9 | | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; |
| 10 | | revised 11-14-13.)
|
| 11 | | Section 395. The Funeral Directors and Embalmers Licensing |
| 12 | | Code is amended by changing Sections 5-5, 10-5, and 15-75 as |
| 13 | | follows:
|
| 14 | | (225 ILCS 41/5-5)
|
| 15 | | (Section scheduled to be repealed on January 1, 2023)
|
| 16 | | Sec. 5-5. License requirement. It is unlawful for any |
| 17 | | person to
practice, or to attempt to practice, funeral |
| 18 | | directing without a
license as a funeral director issued by the |
| 19 | | Department.
|
| 20 | | No person shall practice funeral directing unless he or she |
| 21 | | is they are employed by or contracted with a fixed place of |
| 22 | | practice or establishment devoted to the care and preparation |
| 23 | | for burial or for the transportation of deceased human bodies.
|
| 24 | | No person shall practice funeral directing independently |
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| 1 | | at the fixed
place of practice or establishment of another |
| 2 | | licensee unless that
person's name is published and displayed |
| 3 | | at all
times in connection therewith.
|
| 4 | | (Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
|
| 5 | | (225 ILCS 41/10-5)
|
| 6 | | (Section scheduled to be repealed on January 1, 2023)
|
| 7 | | Sec. 10-5. License requirement. It is unlawful for any |
| 8 | | person to
practice or attempt to practice funeral directing and |
| 9 | | embalming without
being licensed by the Department.
|
| 10 | | No person shall practice funeral directing and embalming |
| 11 | | unless he or she is they are employed by or contracted with a |
| 12 | | fixed place of practice or establishment devoted to the care |
| 13 | | and preparation for burial or for the transportation of |
| 14 | | deceased human bodies.
|
| 15 | | No person shall practice funeral directing and embalming |
| 16 | | independently at
the fixed place of practice or establishment |
| 17 | | of another licensee unless his
or her name shall be published |
| 18 | | and displayed at all times in connection
therewith.
|
| 19 | | No licensed intern shall independently practice funeral
|
| 20 | | directing and
embalming; however, a licensed funeral director |
| 21 | | and embalmer intern may under
the immediate personal |
| 22 | | supervision of a licensed funeral
director and
embalmer assist |
| 23 | | a licensed funeral director and embalmer in the practice of
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| 24 | | funeral directing and embalming.
|
| 25 | | No person shall practice as a funeral director and embalmer
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| 1 | | intern unless he or she possesses a valid license in good
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| 2 | | standing to do
so in the State of Illinois.
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| 3 | | (Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
|
| 4 | | (225 ILCS 41/15-75) |
| 5 | | (Section scheduled to be repealed on January 1, 2023) |
| 6 | | Sec. 15-75. Violations; grounds for discipline; penalties. |
| 7 | | (a) Each of the following acts is a Class A misdemeanor
for |
| 8 | | the first offense, and a Class 4 felony for each subsequent |
| 9 | | offense.
These penalties shall also apply to unlicensed owners |
| 10 | | of funeral homes. |
| 11 | | (1) Practicing the profession of funeral directing and |
| 12 | | embalming or
funeral directing, or attempting to practice |
| 13 | | the profession of funeral
directing and embalming or |
| 14 | | funeral directing without a license as a
funeral director |
| 15 | | and embalmer or funeral director. |
| 16 | | (2) Serving or attempting to serve as an intern under a |
| 17 | | licensed funeral
director
and embalmer
without a license as |
| 18 | | a licensed funeral director and embalmer intern. |
| 19 | | (3) Obtaining or attempting to obtain a license, |
| 20 | | practice or business,
or any other thing of value, by fraud |
| 21 | | or misrepresentation. |
| 22 | | (4) Permitting any person in one's employ, under one's |
| 23 | | control or in or
under one's service to serve as a funeral |
| 24 | | director and embalmer, funeral
director, or funeral |
| 25 | | director and embalmer intern when the
person does not have |
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| 1 | | the appropriate license. |
| 2 | | (5) Failing to display a license as required by this |
| 3 | | Code. |
| 4 | | (6) Giving false information or making a false oath or |
| 5 | | affidavit
required by this Code. |
| 6 | | (b) The Department may refuse to issue or renew, revoke, |
| 7 | | suspend, place on probation or administrative supervision, |
| 8 | | reprimand, or take other disciplinary or non-disciplinary |
| 9 | | action as the Department may deem appropriate, including |
| 10 | | imposing fines not to exceed $10,000 for each violation, with |
| 11 | | regard to any license under the Code for any one or combination |
| 12 | | of the following: |
| 13 | | (1) Fraud or any misrepresentation in applying for or |
| 14 | | procuring a license under this Code or in connection with |
| 15 | | applying for renewal of a license under this Code. |
| 16 | | (2) Conviction by plea of guilty or nolo contendere, |
| 17 | | finding of guilt, jury verdict, or entry of judgment or by |
| 18 | | sentencing of any crime, including, but not limited to, |
| 19 | | convictions, preceding sentences of supervision, |
| 20 | | conditional discharge, or first offender probation, under |
| 21 | | the laws of any jurisdiction of the United States: (i) that |
| 22 | | is a felony or (ii) that is a misdemeanor, an essential |
| 23 | | element of which is dishonesty, or that is directly related |
| 24 | | to the practice of the profession. |
| 25 | | (3) Violation of the laws of this State relating to the |
| 26 | | funeral, burial
or disposition of deceased human bodies or |
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| 1 | | of the rules and regulations of the
Department, or the |
| 2 | | Department of Public Health. |
| 3 | | (4) Directly or indirectly paying or causing to be paid |
| 4 | | any sum of money
or other valuable consideration for the |
| 5 | | securing of business or for
obtaining authority to dispose |
| 6 | | of any deceased human body. |
| 7 | | (5) Professional incompetence, gross negligence, |
| 8 | | malpractice, or untrustworthiness in the practice of |
| 9 | | funeral
directing and embalming or funeral directing. |
| 10 | | (6) (Blank). |
| 11 | | (7) Engaging in, promoting, selling, or issuing burial |
| 12 | | contracts, burial
certificates, or burial insurance |
| 13 | | policies in connection with the
profession as a funeral |
| 14 | | director and embalmer, funeral director, or funeral
|
| 15 | | director and embalmer intern in violation of any laws of |
| 16 | | the
State
of Illinois. |
| 17 | | (8) Refusing, without cause, to surrender the custody |
| 18 | | of a deceased
human body upon the proper request of the |
| 19 | | person or persons lawfully
entitled to the custody of the |
| 20 | | body. |
| 21 | | (9) Taking undue advantage of a client or clients as to |
| 22 | | amount to the
perpetration of fraud. |
| 23 | | (10) Engaging in funeral directing and embalming or |
| 24 | | funeral
directing without a license. |
| 25 | | (11) Encouraging, requesting, or suggesting by a |
| 26 | | licensee or some person
working on his behalf and with his |
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| 1 | | consent for compensation that a person
utilize the services |
| 2 | | of a certain funeral director and embalmer, funeral
|
| 3 | | director, or funeral establishment unless that information |
| 4 | | has
been expressly requested by the person. This does not |
| 5 | | prohibit general
advertising or pre-need solicitation. |
| 6 | | (12) Making or causing to be made any false or |
| 7 | | misleading statements
about the laws concerning the |
| 8 | | disposition of human remains, including, but not
limited |
| 9 | | to, the need to embalm, the need for a casket for cremation |
| 10 | | or the
need for an outer burial container. |
| 11 | | (13) (Blank). |
| 12 | | (14) Embalming or attempting to embalm a deceased human |
| 13 | | body without
express prior authorization of the person |
| 14 | | responsible for making the
funeral arrangements for the |
| 15 | | body. This does not apply to cases where
embalming is |
| 16 | | directed by local authorities who have jurisdiction or when
|
| 17 | | embalming is required by State or local law. A licensee may |
| 18 | | embalm without express prior authorization if a good faith |
| 19 | | effort has been made to contact family members and has been |
| 20 | | unsuccessful and the licensee has no reason to believe the |
| 21 | | family opposes embalming. |
| 22 | | (15) Making a false statement on a Certificate of Death |
| 23 | | where the
person making the statement knew or should have |
| 24 | | known that the statement
was false. |
| 25 | | (16) Soliciting human bodies after death or while death |
| 26 | | is imminent. |
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| 1 | | (17) Performing any act or practice that is a violation
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| 2 | | of this Code, the rules for the administration of this |
| 3 | | Code, or any
federal,
State or local laws, rules, or |
| 4 | | regulations
governing the practice of funeral directing or |
| 5 | | embalming. |
| 6 | | (18) Performing any act or practice that is a violation |
| 7 | | of Section 2 of
the Consumer Fraud and Deceptive Business |
| 8 | | Practices Act. |
| 9 | | (19) Engaging in dishonorable, unethical, or |
| 10 | | unprofessional conduct of a character
likely to deceive, |
| 11 | | defraud or harm the public. |
| 12 | | (20) Taking possession of a dead human body without |
| 13 | | having first
obtained express permission from the person |
| 14 | | holding the right to control the disposition in accordance |
| 15 | | with Section 5 of the Disposition of Remains Act or a |
| 16 | | public agency legally
authorized to direct, control or |
| 17 | | permit the removal of deceased human bodies. |
| 18 | | (21) Advertising in a false or misleading manner or |
| 19 | | advertising using
the name of an unlicensed person in |
| 20 | | connection with any service being
rendered in the practice |
| 21 | | of funeral directing or funeral directing and
embalming. |
| 22 | | The use of any name of an unlicensed or unregistered person |
| 23 | | in
an advertisement so as to imply that the person will |
| 24 | | perform services is
considered misleading advertising. |
| 25 | | Nothing in this paragraph shall prevent
including the name |
| 26 | | of any owner, officer or corporate director of a funeral
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| 1 | | home, who is not a licensee, in any advertisement used by a |
| 2 | | funeral home
with which the individual is affiliated, if |
| 3 | | the advertisement specifies
the individual's affiliation |
| 4 | | with the funeral home. |
| 5 | | (22) Charging for professional services not rendered, |
| 6 | | including filing false statements for the collection of |
| 7 | | fees for which services are not rendered. |
| 8 | | (23) Failing to account for or remit any monies, |
| 9 | | documents, or personal
property that belongs to others that |
| 10 | | comes into a licensee's possession. |
| 11 | | (24) Treating any person differently to his detriment |
| 12 | | because of
race, color, creed, gender, religion, or |
| 13 | | national origin. |
| 14 | | (25) Knowingly making any false statements, oral or |
| 15 | | otherwise, of a
character likely to influence, persuade or |
| 16 | | induce others in the course of
performing professional |
| 17 | | services or activities. |
| 18 | | (26) Willfully making or filing false records or |
| 19 | | reports in the practice
of funeral directing and embalming, |
| 20 | | including, but not limited to, false records filed with |
| 21 | | State agencies or departments. |
| 22 | | (27) Failing to acquire continuing education required |
| 23 | | under this Code. |
| 24 | | (28) (Blank). |
| 25 | | (29) Aiding or assisting another person in violating |
| 26 | | any provision of this Code or rules adopted pursuant to |
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| 1 | | this Code. |
| 2 | | (30) Failing within 10 days, to provide information in |
| 3 | | response to a written request made by the Department. |
| 4 | | (31) Discipline by another state, District of |
| 5 | | Columbia, territory, foreign nation, or governmental |
| 6 | | agency, if at least one of the grounds for the discipline |
| 7 | | is the same or substantially equivalent to those set forth |
| 8 | | in this Section. |
| 9 | | (32) (Blank). |
| 10 | | (33) Mental illness or disability which results in the |
| 11 | | inability to practice the profession with reasonable |
| 12 | | judgment, skill, or safety. |
| 13 | | (34) Gross, willful, or continued overcharging for |
| 14 | | professional services, including filing false statements |
| 15 | | for collection of fees for which services are not rendered. |
| 16 | | (35) Physical illness, including, but not limited to, |
| 17 | | deterioration through the aging process or loss of motor |
| 18 | | skill which results in a licensee's inability to practice |
| 19 | | under this Code with reasonable judgment, skill, or safety. |
| 20 | | (36) Failing to comply with any of the following |
| 21 | | required activities: |
| 22 | | (A) When reasonably possible, a funeral director |
| 23 | | licensee or funeral director and embalmer licensee or |
| 24 | | anyone acting on his or
her behalf shall obtain the |
| 25 | | express authorization of the person or persons
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| 26 | | responsible for making the funeral arrangements for a |
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| 1 | | deceased human body
prior to removing a body from the |
| 2 | | place of death or any place it may be or
embalming or |
| 3 | | attempting to embalm a deceased human body, unless |
| 4 | | required by
State or local law. This requirement is |
| 5 | | waived whenever removal or
embalming is directed by |
| 6 | | local authorities who have jurisdiction.
If the |
| 7 | | responsibility for the handling of the remains |
| 8 | | lawfully falls under
the jurisdiction of a public |
| 9 | | agency, then the regulations of the public
agency shall |
| 10 | | prevail. |
| 11 | | (B) A licensee shall clearly mark the price of any |
| 12 | | casket offered for
sale or the price of any service |
| 13 | | using the casket on or in the casket if
the casket is |
| 14 | | displayed at the funeral establishment. If the casket |
| 15 | | is
displayed at any other location, regardless of |
| 16 | | whether the licensee is in
control of that location, |
| 17 | | the casket shall be clearly marked and the
registrant |
| 18 | | shall use books, catalogues, brochures, or other |
| 19 | | printed display
aids to show the price of each casket |
| 20 | | or service. |
| 21 | | (C) At the time funeral arrangements are made and |
| 22 | | prior to rendering the
funeral services, a licensee |
| 23 | | shall furnish a written statement of services to be
|
| 24 | | retained by the person or persons making the funeral |
| 25 | | arrangements, signed
by both parties, that shall |
| 26 | | contain: (i) the name, address and telephone number
of |
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| 1 | | the funeral establishment and the date on which the |
| 2 | | arrangements were made;
(ii) the price of the service |
| 3 | | selected and the services and merchandise
included for |
| 4 | | that price; (iii) a clear disclosure that the person or |
| 5 | | persons
making the arrangement may decline and receive |
| 6 | | credit for any service or
merchandise not desired and |
| 7 | | not required by law or the funeral director or the
|
| 8 | | funeral director and embalmer; (iv) the supplemental |
| 9 | | items of service and
merchandise requested and the |
| 10 | | price of each item; (v) the terms or method of
payment |
| 11 | | agreed upon; and (vi) a statement as to any monetary |
| 12 | | advances made by
the registrant on behalf of the |
| 13 | | family. The licensee shall maintain a copy of the |
| 14 | | written statement of services in its permanent |
| 15 | | records. All written statements of services are |
| 16 | | subject to inspection by the Department. |
| 17 | | (D) In all instances where the place of final |
| 18 | | disposition of a deceased human body or the cremated |
| 19 | | remains of a deceased human body is a cemetery, the |
| 20 | | licensed funeral director and embalmer, or licensed |
| 21 | | funeral director, who has been engaged to provide |
| 22 | | funeral or embalming services shall remain at the |
| 23 | | cemetery and personally witness the placement of the |
| 24 | | human remains in their designated grave or the sealing |
| 25 | | of the above ground depository, crypt, or urn. The |
| 26 | | licensed funeral director or licensed funeral director |
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| 1 | | and embalmer may designate a licensed funeral director |
| 2 | | and embalmer intern or representative of the funeral |
| 3 | | home to be his or her witness to the placement of the |
| 4 | | remains. If the cemetery authority, cemetery manager, |
| 5 | | or any other agent of the cemetery takes any action |
| 6 | | that prevents compliance with this paragraph (D), then |
| 7 | | the funeral director and embalmer or funeral director |
| 8 | | shall provide written notice to the Department within 5 |
| 9 | | business days after failing to comply. If the |
| 10 | | Department receives this notice, then the Department |
| 11 | | shall not take any disciplinary action against the |
| 12 | | funeral director and embalmer or funeral director for a |
| 13 | | violation of this paragraph (D) unless the Department |
| 14 | | finds that the cemetery authority, manager, or any |
| 15 | | other agent of the cemetery did not prevent the funeral |
| 16 | | director and embalmer or funeral director from |
| 17 | | complying with this paragraph (D) as claimed in the |
| 18 | | written notice. |
| 19 | | (E) A funeral director or funeral director and |
| 20 | | embalmer shall fully complete the portion of the |
| 21 | | Certificate of Death under the responsibility of the |
| 22 | | funeral director or funeral director and embalmer and |
| 23 | | provide all required information. In the event that any |
| 24 | | reported information subsequently changes or proves |
| 25 | | incorrect, a funeral director or funeral director and |
| 26 | | embalmer shall immediately upon learning the correct |
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| 1 | | information correct the Certificate of Death. |
| 2 | | (37) A finding by the Department that the license, |
| 3 | | after having his or
her license placed on probationary |
| 4 | | status or subjected to conditions or
restrictions, |
| 5 | | violated the terms of the probation or failed to comply |
| 6 | | with such
terms or conditions. |
| 7 | | (38) (Blank). |
| 8 | | (39) Being named as a perpetrator in an indicated |
| 9 | | report by the Department
of Children and Family Services |
| 10 | | pursuant to the Abused and Neglected Child
Reporting Act |
| 11 | | and, upon proof by clear and convincing evidence,
being |
| 12 | | found to have caused a child to be an abused child or |
| 13 | | neglected child as
defined
in the Abused and Neglected |
| 14 | | Child Reporting Act. |
| 15 | | (40) Habitual or excessive use or abuse of drugs |
| 16 | | defined in law as controlled substances, alcohol, or any |
| 17 | | other substance which results in the inability to practice |
| 18 | | with reasonable judgment, skill, or safety. |
| 19 | | (41) Practicing under a false or, except as provided by |
| 20 | | law, an assumed name. |
| 21 | | (42) Cheating on or attempting to subvert the licensing |
| 22 | | examination administered under this Code. |
| 23 | | (c) The Department may refuse to issue or renew or may |
| 24 | | suspend without a hearing, as provided for in the Department of |
| 25 | | Professional Regulation Law of the Civil Administrative Code of |
| 26 | | Illinois, the license
of any person who fails to file a return, |
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| 1 | | to pay the tax, penalty or interest
shown in a filed return, or |
| 2 | | to pay any final assessment of tax, penalty or
interest as |
| 3 | | required by any tax Act administered by the Illinois Department |
| 4 | | of
Revenue, until the time as the requirements of the tax Act |
| 5 | | are satisfied in accordance with subsection (g) of Section |
| 6 | | 2105-15 of the Department of Professional Regulation Law of the |
| 7 | | Civil Administrative Code of Illinois. |
| 8 | | (d) No action may be taken under this Code against a person |
| 9 | | licensed under this Code unless the action is commenced within |
| 10 | | 5 years after the occurrence of the alleged violations. A |
| 11 | | continuing violation shall be deemed to have occurred on the |
| 12 | | date when the circumstances last existed that give rise to the |
| 13 | | alleged violation. |
| 14 | | (e) Nothing in this Section shall be construed or enforced |
| 15 | | to give a funeral director and embalmer, or his or her |
| 16 | | designees, authority over the operation of a cemetery or over |
| 17 | | cemetery employees. Nothing in this Section shall be construed |
| 18 | | or enforced to impose duties or penalties on cemeteries with |
| 19 | | respect to the timing of the placement of human remains in |
| 20 | | their designated grave or the sealing of the above ground |
| 21 | | depository, crypt, or urn due to patron safety, the allocation |
| 22 | | of cemetery staffing, liability insurance, a collective |
| 23 | | bargaining agreement, or other such reasons. |
| 24 | | (f) All fines imposed under this Section shall be paid 60 |
| 25 | | days after the effective date of the order imposing the fine. |
| 26 | | (g) The Department shall deny a license or renewal |
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| 1 | | authorized by this Code to a person who has defaulted on an |
| 2 | | educational loan or scholarship provided or guaranteed by the |
| 3 | | Illinois Student Assistance Commission or any governmental |
| 4 | | agency of this State in accordance with item (5) of subsection |
| 5 | | (a) (g) of Section 2105-15 of the Department of Professional |
| 6 | | Regulation Law of the Civil Administrative Code of Illinois. |
| 7 | | (h) In cases where the Department of Healthcare and Family |
| 8 | | Services has previously determined a licensee or a potential |
| 9 | | licensee is more than 30 days delinquent in the payment of |
| 10 | | child support and has subsequently certified the delinquency to |
| 11 | | the Department, the Department may refuse to issue or renew or |
| 12 | | may revoke or suspend that person's license or may take other |
| 13 | | disciplinary action against that person based solely upon the |
| 14 | | certification of delinquency made by the Department of |
| 15 | | Healthcare and Family Services in accordance with item (5) of |
| 16 | | subsection (a) (g) of Section 2105-15 1205-15 of the Department |
| 17 | | of Professional Regulation Law of the Civil Administrative Code |
| 18 | | of Illinois. |
| 19 | | (i) A person not licensed under this Code who is an owner |
| 20 | | of a funeral establishment or funeral business shall not aid, |
| 21 | | abet, assist, procure, advise, employ, or contract with any |
| 22 | | unlicensed person to offer funeral services or aid, abet, |
| 23 | | assist, or direct any licensed person contrary to or in |
| 24 | | violation of any rules or provisions of this Code. A person |
| 25 | | violating this subsection shall be treated as a licensee for |
| 26 | | the purposes of disciplinary action under this Section and |
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| 1 | | shall be subject to cease and desist orders as provided in this |
| 2 | | Code, the imposition of a fine up to $10,000 for each violation |
| 3 | | and any other penalty provided by law. |
| 4 | | (j) The determination by a circuit court that a licensee is |
| 5 | | subject to involuntary admission or judicial admission as |
| 6 | | provided in the Mental Health and Developmental Disabilities |
| 7 | | Code, as amended, operates as an automatic suspension. The |
| 8 | | suspension may end only upon a finding by a court that the |
| 9 | | licensee is no longer subject to the involuntary admission or |
| 10 | | judicial admission and issues an order so finding and |
| 11 | | discharging the licensee, and upon the recommendation of the |
| 12 | | Board to the Secretary that the licensee be allowed to resume |
| 13 | | his or her practice. |
| 14 | | (k) In enforcing this Code, the Department, upon a showing |
| 15 | | of a possible violation, may compel an individual licensed to |
| 16 | | practice under this Code, or who has applied for licensure |
| 17 | | under this Code, to submit to a mental or physical examination, |
| 18 | | or both, as required by and at the expense of the Department. |
| 19 | | The Department may order the examining physician to present |
| 20 | | testimony concerning the mental or physical examination of the |
| 21 | | licensee or applicant. No information shall be excluded by |
| 22 | | reason of any common law or statutory privilege relating to |
| 23 | | communications between the licensee or applicant and the |
| 24 | | examining physician. The examining physician shall be |
| 25 | | specifically designated by the Department. The individual to be |
| 26 | | examined may have, at his or her own expense, another physician |
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| 1 | | of his or her choice present during all aspects of this |
| 2 | | examination. The examination shall be performed by a physician |
| 3 | | licensed to practice medicine in all its branches. Failure of |
| 4 | | an individual to submit to a mental or physical examination, |
| 5 | | when directed, shall result in an automatic suspension without |
| 6 | | hearing. |
| 7 | | A person holding a license under this Code or who has |
| 8 | | applied for a license under this Code who, because of a |
| 9 | | physical or mental illness or disability, including, but not |
| 10 | | limited to, deterioration through the aging process or loss of |
| 11 | | motor skill, is unable to practice the profession with |
| 12 | | reasonable judgment, skill, or safety, may be required by the |
| 13 | | Department to submit to care, counseling, or treatment by |
| 14 | | physicians approved or designated by the Department as a |
| 15 | | condition, term, or restriction for continued, reinstated, or |
| 16 | | renewed licensure to practice. Submission to care, counseling, |
| 17 | | or treatment as required by the Department shall not be |
| 18 | | considered discipline of a license. If the licensee refuses to |
| 19 | | enter into a care, counseling, or treatment agreement or fails |
| 20 | | to abide by the terms of the agreement, the Department may file |
| 21 | | a complaint to revoke, suspend, or otherwise discipline the |
| 22 | | license of the individual. The Secretary may order the license |
| 23 | | suspended immediately, pending a hearing by the Department. |
| 24 | | Fines shall not be assessed in disciplinary actions involving |
| 25 | | physical or mental illness or impairment. |
| 26 | | In instances in which the Secretary immediately suspends a |
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| 1 | | person's license under this Section, a hearing on that person's |
| 2 | | license must be convened by the Department within 15 days after |
| 3 | | the suspension and completed without appreciable delay. The |
| 4 | | Department shall have the authority to review the subject |
| 5 | | individual's record of treatment and counseling regarding the |
| 6 | | impairment to the extent permitted by applicable federal |
| 7 | | statutes and regulations safeguarding the confidentiality of |
| 8 | | medical records. |
| 9 | | An individual licensed under this Code and affected under |
| 10 | | this Section shall be afforded an opportunity to demonstrate to |
| 11 | | the Department that he or she can resume practice in compliance |
| 12 | | with acceptable and prevailing standards under the provisions |
| 13 | | of his or her license. |
| 14 | | (Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11; |
| 15 | | 97-1130, eff. 8-28-12; revised 11-14-13.)
|
| 16 | | Section 400. The Health Care Worker Background Check Act is |
| 17 | | amended by changing Section 70 as follows:
|
| 18 | | (225 ILCS 46/70) |
| 19 | | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) |
| 20 | | grant. |
| 21 | | (a) In this Section:
|
| 22 | | "Centers for Medicare and Medicaid Services (CMMS) grant" |
| 23 | | means the grant awarded to and distributed by the Department of |
| 24 | | Public Health to enhance the conduct of criminal history |
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| 1 | | records checks of certain health care employees. The CMMS grant |
| 2 | | is authorized by Section 307 of the federal Medicare |
| 3 | | Prescription Drug, Improvement, and Modernization Act of 2003, |
| 4 | | which establishes the framework for a program to evaluate |
| 5 | | national and state background checks on prospective employees |
| 6 | | with direct access to patients of long-term care facilities or |
| 7 | | providers. |
| 8 | | "Selected health care employer" means any of the following |
| 9 | | selected to participate in the CMMS grant: |
| 10 | | (1) a community living facility as defined in the |
| 11 | | Community Living Facility Act; |
| 12 | | (2) a long-term care facility as defined in the Nursing |
| 13 | | Home Care Act; |
| 14 | | (3) a home health agency as defined in the Home Health, |
| 15 | | Home Services, and Home Nursing Agency Licensing Act; |
| 16 | | (4) a full hospice as defined in the Hospice Licensing |
| 17 | | Act; |
| 18 | | (5) an establishment licensed under the Assisted |
| 19 | | Living and Shared Housing Act; |
| 20 | | (6) a supportive living facility as defined in the |
| 21 | | Illinois Public Aid Code; |
| 22 | | (7) a day training program certified by the Department |
| 23 | | of Human Services; |
| 24 | | (8) a community integrated living arrangement operated |
| 25 | | by a community mental health and developmental service |
| 26 | | agency as defined in the Community-Integrated Community |
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| 1 | | Integrated Living Arrangements Licensing and Certification |
| 2 | | Act; or
|
| 3 | | (9) a long-term care hospital or hospital with swing |
| 4 | | beds.
|
| 5 | | (b) Selected health care employers shall be phased in to |
| 6 | | participate in the CMMS grant between January 1, 2006 and |
| 7 | | January 1, 2007, as prescribed by the Department of Public |
| 8 | | Health by rule. |
| 9 | | (c) With regards to individuals hired on or after January |
| 10 | | 1, 2006 who have direct access to residents, patients, or |
| 11 | | clients of the selected health care employer, selected health |
| 12 | | care employers must comply with Section 25 of this Act. |
| 13 | | "Individuals who have direct access" includes, but is not |
| 14 | | limited to, (i) direct care workers as described in subsection |
| 15 | | (a) of Section 25; (ii) individuals licensed by the Department |
| 16 | | of Financial and Professional Regulation, such as nurses, |
| 17 | | social workers, physical therapists, occupational therapists, |
| 18 | | and pharmacists; (iii) individuals who provide services on |
| 19 | | site, through contract; and (iv) non-direct care workers, such |
| 20 | | as those who work in environmental services, food service, and |
| 21 | | administration. |
| 22 | | "Individuals who have direct access" does not include |
| 23 | | physicians or volunteers. |
| 24 | | The Department of Public Health may further define |
| 25 | | "individuals who have direct access" by rule.
|
| 26 | | (d) Each applicant seeking employment in a position |
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| 1 | | described in subsection (c) of this Section with a selected |
| 2 | | health care employer shall, as a condition of employment, have |
| 3 | | his or her fingerprints submitted to the Department of State |
| 4 | | Police in an electronic format that complies with the form and |
| 5 | | manner for requesting and furnishing criminal history record |
| 6 | | information by the Department of State Police and the Federal |
| 7 | | Bureau of Investigation criminal history record databases now |
| 8 | | and hereafter filed. The Department of State Police shall |
| 9 | | forward the fingerprints to the Federal Bureau of Investigation |
| 10 | | for a national criminal history records check. The Department |
| 11 | | of State Police shall charge a fee for conducting the criminal |
| 12 | | history records check, which shall not exceed the actual cost |
| 13 | | of the records check and shall be deposited into the State |
| 14 | | Police Services Fund. The Department of State Police shall |
| 15 | | furnish, pursuant to positive identification, records of |
| 16 | | Illinois convictions to the Department of Public Health. |
| 17 | | (e) A selected health care employer who makes a conditional |
| 18 | | offer of employment to an applicant shall: |
| 19 | | (1) ensure that the applicant has complied with the |
| 20 | | fingerprinting requirements of this Section; |
| 21 | | (2) complete documentation relating to any criminal |
| 22 | | history record, as revealed by the applicant, as prescribed |
| 23 | | by rule by the Department of Public Health; |
| 24 | | (3) complete documentation of the applicant's personal |
| 25 | | identifiers as prescribed by rule by the Department of |
| 26 | | Public Health; and |
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| 1 | | (4) provide supervision, as prescribed by rule by the |
| 2 | | licensing agency, if the applicant is hired and allowed to |
| 3 | | work prior to the results of the criminal history records |
| 4 | | check being obtained. |
| 5 | | (f) A selected health care employer having actual knowledge |
| 6 | | from a source that an individual with direct access to a |
| 7 | | resident, patient, or client has been convicted of committing |
| 8 | | or attempting to commit one of the offenses enumerated in |
| 9 | | Section 25 of this Act shall contact the licensing agency or |
| 10 | | follow other instructions as prescribed by administrative |
| 11 | | rule. |
| 12 | | (g) A fingerprint-based criminal history records check |
| 13 | | submitted in accordance with subsection (d) of this Section |
| 14 | | must be submitted as a fee applicant inquiry in the form and |
| 15 | | manner prescribed by the Department of State Police.
|
| 16 | | (h) This Section shall be inapplicable upon the conclusion |
| 17 | | of the CMMS grant.
|
| 18 | | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; |
| 19 | | 95-331, eff. 8-21-07; revised 11-14-13.)
|
| 20 | | Section 405. The Hearing Instrument Consumer Protection |
| 21 | | Act is amended by changing Section 31 as follows:
|
| 22 | | (225 ILCS 50/31) (from Ch. 111, par. 7431)
|
| 23 | | (Section scheduled to be repealed on January 1, 2016)
|
| 24 | | Sec. 31.
The provisions of "The Illinois Administrative |
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| 1 | | Procedure Act",
approved September 22, 1975, as amended, shall |
| 2 | | apply to this Act. All final
administrative decisions of the |
| 3 | | Department are subject to judicial review
pursuant to the |
| 4 | | provisions of Article III 3 of the "Code of Civil Procedure",
|
| 5 | | approved August 19, 1981, as
amended. Any circuit court, upon |
| 6 | | the application of the licensee
or the Department, may
order |
| 7 | | the attendance of witnesses and the production of relevant |
| 8 | | records
in any Departmental hearing
relative to the application |
| 9 | | for or refusal, recall, suspension or revocation
of a license.
|
| 10 | | (Source: P.A. 86-800; revised 11-14-13.)
|
| 11 | | Section 410. The Massage Licensing Act is amended by |
| 12 | | changing Section 45 as follows:
|
| 13 | | (225 ILCS 57/45)
|
| 14 | | (Section scheduled to be repealed on January 1, 2022)
|
| 15 | | Sec. 45. Grounds for discipline.
|
| 16 | | (a) The Department may refuse to issue or renew, or may |
| 17 | | revoke, suspend,
place
on
probation, reprimand, or take other |
| 18 | | disciplinary or non-disciplinary action, as the Department
|
| 19 | | considers appropriate,
including the imposition of fines not to |
| 20 | | exceed $10,000 for each violation, with
regard to any license |
| 21 | | or licensee
for any one or more of the following:
|
| 22 | | (1) violations of this Act or of the rules adopted |
| 23 | | under this Act;
|
| 24 | | (2) conviction by plea of guilty or nolo contendere, |
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| 1 | | finding of guilt, jury verdict, or entry of judgment or by |
| 2 | | sentencing of any crime, including, but not limited to, |
| 3 | | convictions, preceding sentences of supervision, |
| 4 | | conditional discharge, or first offender probation, under |
| 5 | | the laws of any jurisdiction of the United States: (i) that |
| 6 | | is a felony; or (ii) that is a misdemeanor, an essential |
| 7 | | element of which is dishonesty, or that is directly related |
| 8 | | to the practice of the profession;
|
| 9 | | (3) professional incompetence;
|
| 10 | | (4) advertising in a false, deceptive, or misleading |
| 11 | | manner; |
| 12 | | (5) aiding, abetting, assisting, procuring, advising, |
| 13 | | employing, or contracting with any unlicensed person to |
| 14 | | practice massage contrary to any rules or provisions of |
| 15 | | this Act; |
| 16 | | (6) engaging in immoral conduct in the commission of |
| 17 | | any act, such as
sexual abuse, sexual misconduct, or sexual |
| 18 | | exploitation, related to the
licensee's practice;
|
| 19 | | (7) engaging in dishonorable, unethical, or |
| 20 | | unprofessional conduct of a
character
likely to deceive, |
| 21 | | defraud, or harm the public;
|
| 22 | | (8) practicing or offering to practice beyond the scope |
| 23 | | permitted by law
or
accepting and performing professional |
| 24 | | responsibilities which the licensee knows
or has reason to
|
| 25 | | know that he or she is not competent to perform;
|
| 26 | | (9) knowingly delegating professional responsibilities |
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| 1 | | to a person
unqualified by
training, experience, or |
| 2 | | licensure to perform;
|
| 3 | | (10) failing to provide information in response to a |
| 4 | | written request made
by the
Department within 60 days;
|
| 5 | | (11) having a habitual or excessive use of or addiction |
| 6 | | to alcohol,
narcotics,
stimulants, or
any other chemical |
| 7 | | agent or drug which results in the inability to practice
|
| 8 | | with reasonable
judgment, skill, or safety;
|
| 9 | | (12) having a pattern of practice or other behavior |
| 10 | | that demonstrates
incapacity
or
incompetence to practice |
| 11 | | under this Act;
|
| 12 | | (13) discipline by another state, District of |
| 13 | | Columbia, territory, or foreign nation, if at least one of |
| 14 | | the grounds for the discipline is the same or substantially |
| 15 | | equivalent to those set forth in this Section; |
| 16 | | (14) a finding by the Department that the licensee, |
| 17 | | after having his or her license placed on probationary |
| 18 | | status, has violated the terms of probation; |
| 19 | | (15) willfully making or filing false records or |
| 20 | | reports in his or her practice, including, but not limited |
| 21 | | to, false records filed with State agencies or departments; |
| 22 | | (16) making a material misstatement in furnishing |
| 23 | | information to the
Department or
otherwise making |
| 24 | | misleading, deceptive, untrue, or fraudulent |
| 25 | | representations
in violation of this
Act or otherwise in |
| 26 | | the practice of the profession;
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| 1 | | (17) fraud or misrepresentation in applying for or |
| 2 | | procuring a license under this Act or in connection with |
| 3 | | applying for renewal of a license under this Act;
|
| 4 | | (18) inability to practice the profession with |
| 5 | | reasonable judgment, skill, or safety as a result of |
| 6 | | physical illness, including, but not limited to, |
| 7 | | deterioration through the aging process, loss of motor |
| 8 | | skill, or a mental illness or disability;
|
| 9 | | (19) charging for professional services not rendered, |
| 10 | | including filing false statements for the collection of |
| 11 | | fees for which services are not rendered; |
| 12 | | (20) practicing under a false or, except as provided by |
| 13 | | law, an assumed name; or |
| 14 | | (21) cheating on or attempting to subvert the licensing |
| 15 | | examination administered under this Act. |
| 16 | | All fines shall be paid within 60 days of the effective |
| 17 | | date of the order imposing the fine. |
| 18 | | (b) A person not licensed under this Act and engaged in the |
| 19 | | business of offering massage therapy services through others, |
| 20 | | shall not aid, abet, assist, procure, advise, employ, or |
| 21 | | contract with any unlicensed person to practice massage therapy |
| 22 | | contrary to any rules or provisions of this Act. A person |
| 23 | | violating this subsection (b) shall be treated as a licensee |
| 24 | | for the purposes of disciplinary action under this Section and |
| 25 | | shall be subject to cease and desist orders as provided in |
| 26 | | Section 90 of this Act. |
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| 1 | | (c) The Department shall revoke any license issued under |
| 2 | | this Act of any person who is convicted of prostitution, rape, |
| 3 | | sexual misconduct, or any crime that subjects the licensee to |
| 4 | | compliance with the requirements of the Sex Offender |
| 5 | | Registration Act and any such conviction shall operate as a |
| 6 | | permanent bar in the State of Illinois to practice as a massage |
| 7 | | therapist. |
| 8 | | (d) The Department may refuse to issue or may suspend the |
| 9 | | license of any
person who
fails to file a tax return, to pay |
| 10 | | the tax, penalty, or interest shown in a
filed
tax return, or |
| 11 | | to pay any final
assessment of tax, penalty, or interest, as |
| 12 | | required by any tax Act
administered by the Illinois
Department |
| 13 | | of Revenue, until such time as the requirements of the tax Act |
| 14 | | are
satisfied in accordance with subsection (g) of Section |
| 15 | | 2105-15 of the Civil Administrative Code of Illinois.
|
| 16 | | (e) The Department shall deny a license or renewal |
| 17 | | authorized by this Act to a person who has defaulted on an |
| 18 | | educational loan or scholarship provided or guaranteed by the |
| 19 | | Illinois Student Assistance Commission or any governmental |
| 20 | | agency of this State in accordance with item (5) of subsection |
| 21 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 22 | | Illinois. |
| 23 | | (f) In cases where the Department of Healthcare and Family |
| 24 | | Services has previously determined that a licensee or a |
| 25 | | potential licensee is more than 30 days delinquent in the |
| 26 | | payment of child support and has subsequently certified the |
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| 1 | | delinquency to the Department, the Department may refuse to |
| 2 | | issue or renew or may revoke or suspend that person's license |
| 3 | | or may take other disciplinary action against that person based |
| 4 | | solely upon the certification of delinquency made by the |
| 5 | | Department of Healthcare and Family Services in accordance with |
| 6 | | item (5) of subsection (a) (g) of Section 2105-15 of the Civil |
| 7 | | Administrative Code of Illinois. |
| 8 | | (g) The determination by a circuit court that a licensee is
|
| 9 | | subject
to involuntary admission or judicial admission, as |
| 10 | | provided in the Mental
Health and
Developmental Disabilities |
| 11 | | Code, operates as an automatic suspension. The
suspension
will |
| 12 | | end only upon a finding by a court that the patient is no |
| 13 | | longer
subject to
involuntary admission or judicial admission |
| 14 | | and the issuance of a court
order so finding
and discharging |
| 15 | | the patient.
|
| 16 | | (h) In enforcing this Act, the Department or Board, upon a |
| 17 | | showing of a
possible violation, may compel an individual |
| 18 | | licensed to practice under this
Act, or who
has applied for |
| 19 | | licensure under this Act, to submit to a mental or physical
|
| 20 | | examination, or
both, as required by and at the expense of the |
| 21 | | Department. The Department or
Board may
order the examining |
| 22 | | physician to present testimony concerning the mental or
|
| 23 | | physical
examination of the licensee or applicant. No |
| 24 | | information shall be excluded by
reason of
any common law or |
| 25 | | statutory privilege relating to communications between the
|
| 26 | | licensee
or applicant and the examining physician. The |
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| 1 | | examining physicians shall be
specifically
designated by the |
| 2 | | Board or Department. The individual to be examined may have,
at |
| 3 | | his
or her own expense, another physician of his or her choice |
| 4 | | present during all aspects of
this examination. The examination |
| 5 | | shall be performed by a physician licensed
to practice
medicine |
| 6 | | in all its branches. Failure of an individual to submit to a |
| 7 | | mental
or physical
examination, when directed, shall result in |
| 8 | | an automatic suspension without hearing.
|
| 9 | | A person holding a license under this Act or who has |
| 10 | | applied for a license under this Act who, because of a physical |
| 11 | | or mental illness or disability, including, but not limited to, |
| 12 | | deterioration through the aging process or loss of motor skill, |
| 13 | | is unable to practice the profession with reasonable judgment, |
| 14 | | skill, or safety, may be required by the Department to submit |
| 15 | | to care, counseling, or treatment by physicians approved or |
| 16 | | designated by the Department as a condition, term, or |
| 17 | | restriction for continued, reinstated, or renewed licensure to |
| 18 | | practice. Submission to care, counseling, or treatment as |
| 19 | | required by the Department shall not be considered discipline |
| 20 | | of a license. If the licensee refuses to enter into a care, |
| 21 | | counseling, or treatment agreement or fails to abide by the |
| 22 | | terms of the agreement, the Department may file a complaint to |
| 23 | | revoke, suspend, or otherwise discipline the license of the |
| 24 | | individual. The Secretary may order the license suspended |
| 25 | | immediately, pending a hearing by the Department. Fines shall |
| 26 | | not be assessed in disciplinary actions involving physical or |
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| 1 | | mental illness or impairment.
|
| 2 | | In instances in which the Secretary immediately suspends a |
| 3 | | person's license
under
this Section, a hearing on that person's |
| 4 | | license must be convened by the
Department
within 15 days after |
| 5 | | the suspension and completed without appreciable delay.
The
|
| 6 | | Department and Board shall have the authority to review the |
| 7 | | subject
individual's record
of treatment and counseling |
| 8 | | regarding the impairment to the extent permitted by
applicable |
| 9 | | federal statutes and regulations safeguarding the |
| 10 | | confidentiality of
medical
records.
|
| 11 | | An individual licensed under this Act and affected under |
| 12 | | this Section shall
be
afforded an opportunity to demonstrate to |
| 13 | | the Department or Board that he or
she can
resume practice in |
| 14 | | compliance with acceptable and prevailing standards under
the
|
| 15 | | provisions of his or her license.
|
| 16 | | (Source: P.A. 97-514, eff. 8-23-11; revised 11-14-13.)
|
| 17 | | Section 415. The Nurse Practice Act is amended by changing |
| 18 | | Section 65-35 as follows:
|
| 19 | | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
|
| 20 | | (Section scheduled to be repealed on January 1, 2018)
|
| 21 | | Sec. 65-35. Written collaborative
agreements. |
| 22 | | (a) A written collaborative agreement is required for all |
| 23 | | advanced practice nurses engaged in clinical practice, except |
| 24 | | for advanced practice nurses who are authorized to practice in |
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| 1 | | a hospital or ambulatory surgical treatment center. |
| 2 | | (a-5) If an advanced practice nurse engages in clinical |
| 3 | | practice outside of a hospital or ambulatory surgical treatment |
| 4 | | center in which he or she is authorized to practice, the |
| 5 | | advanced practice nurse must have a written collaborative |
| 6 | | agreement.
|
| 7 | | (b) A written collaborative
agreement shall describe the |
| 8 | | working relationship of the
advanced practice nurse with the |
| 9 | | collaborating
physician or podiatric physician and shall |
| 10 | | authorize the categories of
care, treatment, or procedures to |
| 11 | | be performed by the advanced
practice nurse. A collaborative |
| 12 | | agreement with a dentist must be in accordance with subsection |
| 13 | | (c-10) of this Section. Collaboration does not require an
|
| 14 | | employment relationship between the collaborating physician
|
| 15 | | and advanced practice nurse. Collaboration means
the |
| 16 | | relationship under
which an advanced practice nurse works with |
| 17 | | a collaborating
physician or podiatric physician in an active |
| 18 | | clinical practice to deliver health care services in
accordance |
| 19 | | with
(i) the advanced practice nurse's training, education,
and |
| 20 | | experience and (ii) collaboration and consultation as |
| 21 | | documented in a
jointly developed written collaborative
|
| 22 | | agreement.
|
| 23 | | The agreement shall promote the
exercise of professional |
| 24 | | judgment by the advanced practice
nurse commensurate with his |
| 25 | | or her education and
experience. The services to be provided by |
| 26 | | the advanced
practice nurse shall be services that the
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| 1 | | collaborating physician or podiatric physician is authorized |
| 2 | | to and generally provides or may provide in his or her clinical |
| 3 | | medical or podiatric practice, except as set forth in |
| 4 | | subsection subsections (b-5) or (c-5) of this Section.
The |
| 5 | | agreement need not describe the exact steps that an advanced |
| 6 | | practice
nurse must take with respect to each specific |
| 7 | | condition, disease, or symptom
but must specify
which |
| 8 | | authorized procedures require the presence of the |
| 9 | | collaborating physician or podiatric physician as
the |
| 10 | | procedures are being performed. The collaborative
relationship |
| 11 | | under an agreement shall not be
construed to require the |
| 12 | | personal presence of a physician or podiatric physician at the |
| 13 | | place where services are rendered.
Methods of communication |
| 14 | | shall
be available for consultation with the collaborating
|
| 15 | | physician or podiatric physician in person or by |
| 16 | | telecommunications in accordance with
established written |
| 17 | | guidelines as set forth in the written
agreement.
|
| 18 | | (b-5) Absent an employment relationship, a written |
| 19 | | collaborative agreement may not (1) restrict the categories of |
| 20 | | patients of an advanced practice nurse within the scope of the |
| 21 | | advanced practice nurses training and experience, (2) limit |
| 22 | | third party payors or government health programs, such as the |
| 23 | | medical assistance program or Medicare with which the advanced |
| 24 | | practice nurse contracts, or (3) limit the geographic area or |
| 25 | | practice location of the advanced practice nurse in this State. |
| 26 | | (c) Collaboration and consultation under all collaboration |
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| 1 | | agreements
shall be adequate if a
collaborating physician or |
| 2 | | podiatric physician does each of the following:
|
| 3 | | (1) Participates in the joint formulation and joint |
| 4 | | approval of orders or
guidelines with the advanced practice |
| 5 | | nurse and he or she periodically reviews such orders and |
| 6 | | the
services provided patients under such orders in |
| 7 | | accordance with accepted
standards of medical practice or |
| 8 | | podiatric practice and advanced practice nursing practice.
|
| 9 | | (2) Provides collaboration and consultation with the |
| 10 | | advanced practice nurse at least once a month. In the case |
| 11 | | of anesthesia services provided by a certified registered |
| 12 | | nurse anesthetist, an anesthesiologist, a physician, a |
| 13 | | dentist, or a podiatric physician must participate through |
| 14 | | discussion of and agreement with the anesthesia plan and |
| 15 | | remain physically present and available on the premises |
| 16 | | during the delivery of anesthesia services for diagnosis, |
| 17 | | consultation, and treatment of emergency medical |
| 18 | | conditions.
|
| 19 | | (3) Is available through telecommunications for |
| 20 | | consultation on medical
problems, complications, or |
| 21 | | emergencies or patient referral. In the case of anesthesia |
| 22 | | services provided by a certified registered nurse |
| 23 | | anesthetist, an anesthesiologist, a physician, a dentist, |
| 24 | | or a podiatric physician must participate through |
| 25 | | discussion of and agreement with the anesthesia plan and |
| 26 | | remain physically present and available on the premises |
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| 1 | | during the delivery of anesthesia services for diagnosis, |
| 2 | | consultation, and treatment of emergency medical |
| 3 | | conditions.
|
| 4 | | The agreement must contain provisions detailing notice for |
| 5 | | termination or change of status involving a written |
| 6 | | collaborative agreement, except when such notice is given for |
| 7 | | just cause. |
| 8 | | (c-5) A certified registered nurse anesthetist, who |
| 9 | | provides anesthesia services outside of a hospital or |
| 10 | | ambulatory surgical treatment center shall enter into a written |
| 11 | | collaborative agreement with an anesthesiologist or the |
| 12 | | physician licensed to practice medicine in all its branches or |
| 13 | | the podiatric physician performing the procedure. Outside of a |
| 14 | | hospital or ambulatory surgical treatment center, the |
| 15 | | certified registered nurse anesthetist may provide only those |
| 16 | | services that the collaborating podiatric physician is |
| 17 | | authorized to provide pursuant to the Podiatric Medical |
| 18 | | Practice Act of 1987 and rules adopted thereunder. A certified |
| 19 | | registered nurse anesthetist may select, order, and administer |
| 20 | | medication, including controlled substances, and apply |
| 21 | | appropriate medical devices for delivery of anesthesia |
| 22 | | services under the anesthesia plan agreed with by the |
| 23 | | anesthesiologist or the operating physician or operating |
| 24 | | podiatric physician. |
| 25 | | (c-10) A certified registered nurse anesthetist who |
| 26 | | provides anesthesia services in a dental office shall enter |
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| 1 | | into a written collaborative agreement with an |
| 2 | | anesthesiologist or the physician licensed to practice |
| 3 | | medicine in all its branches or the operating dentist |
| 4 | | performing the procedure. The agreement shall describe the |
| 5 | | working relationship of the certified registered nurse |
| 6 | | anesthetist and dentist and shall authorize the categories of |
| 7 | | care, treatment, or procedures to be performed by the certified |
| 8 | | registered nurse anesthetist. In a collaborating dentist's |
| 9 | | office, the certified registered nurse anesthetist may only |
| 10 | | provide those services that the operating dentist with the |
| 11 | | appropriate permit is authorized to provide pursuant to the |
| 12 | | Illinois Dental Practice Act and rules adopted thereunder. For |
| 13 | | anesthesia services, an anesthesiologist, physician, or |
| 14 | | operating dentist shall participate through discussion of and |
| 15 | | agreement with the anesthesia plan and shall remain physically |
| 16 | | present and be available on the premises during the delivery of |
| 17 | | anesthesia services for diagnosis, consultation, and treatment |
| 18 | | of emergency medical conditions. A certified registered nurse |
| 19 | | anesthetist may select, order, and administer medication, |
| 20 | | including controlled substances, and apply appropriate medical |
| 21 | | devices for delivery of anesthesia services under the |
| 22 | | anesthesia plan agreed with by the operating dentist. |
| 23 | | (d) A copy of the signed, written collaborative agreement |
| 24 | | must be available
to the Department upon request from both the |
| 25 | | advanced practice nurse
and the collaborating physician or |
| 26 | | podiatric physician. |
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| 1 | | (e) Nothing in this Act shall be construed to limit the |
| 2 | | delegation of tasks or duties by a physician to a licensed |
| 3 | | practical nurse, a registered professional nurse, or other |
| 4 | | persons in accordance with Section 54.2 of the Medical Practice |
| 5 | | Act of 1987. Nothing in this Act shall be construed to limit |
| 6 | | the method of delegation that may be authorized by any means, |
| 7 | | including, but not limited to, oral, written, electronic, |
| 8 | | standing orders, protocols, guidelines, or verbal orders. |
| 9 | | (f) An advanced
practice nurse shall inform each |
| 10 | | collaborating physician, dentist, or podiatric physician of |
| 11 | | all collaborative
agreements he or she
has signed and provide a |
| 12 | | copy of these to any collaborating physician, dentist, or |
| 13 | | podiatric physician upon
request.
|
| 14 | | (g) For the purposes of this Act, "generally provides or |
| 15 | | may provide in his or her clinical medical practice" means |
| 16 | | categories of care or treatment, not specific tasks or duties, |
| 17 | | the physician podiatric physician provides individually or |
| 18 | | through delegation to other persons so that the physician |
| 19 | | podiatric physician has the experience and ability to provide |
| 20 | | collaboration and consultation. This definition shall not be |
| 21 | | construed to prohibit an advanced practice nurse from providing |
| 22 | | primary health treatment or care within the scope of his or her |
| 23 | | training and experience, including, but not limited to, health |
| 24 | | screenings, patient histories, physical examinations, women's |
| 25 | | health examinations, or school physicals that may be provided |
| 26 | | as part of the routine practice of an advanced practice nurse |
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| 1 | | or on a volunteer basis. |
| 2 | | For the purposes of this Act, "generally provides or may |
| 3 | | provide in to his or her patients in the normal course of his |
| 4 | | or her clinical podiatric practice" means services, not |
| 5 | | specific tasks or duties, that the podiatric physician |
| 6 | | podiatrist routinely provides individually or through |
| 7 | | delegation to other persons so that the podiatric physician |
| 8 | | podiatrist has the experience and ability to provide |
| 9 | | collaboration and consultation. |
| 10 | | (Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14; |
| 11 | | 98-214, eff. 8-9-13; revised 9-24-13.)
|
| 12 | | Section 420. The Illinois Occupational Therapy Practice |
| 13 | | Act is amended by changing Sections 3, 3.1, 15, 19, and 21 as |
| 14 | | follows:
|
| 15 | | (225 ILCS 75/3) (from Ch. 111, par. 3703)
|
| 16 | | (Section scheduled to be repealed on January 1, 2024)
|
| 17 | | Sec. 3. Licensure requirement; exempt activities. After |
| 18 | | the effective date of this Act, no person shall practice
|
| 19 | | occupational therapy or hold himself out as an occupational |
| 20 | | therapist or
an occupational therapy assistant, or as being |
| 21 | | able to practice occupational
therapy or to render services |
| 22 | | designated as occupational therapy in this State,
unless
he is |
| 23 | | licensed in accordance with the provisions of this Act.
|
| 24 | | Nothing in this Act shall be construed as preventing or |
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| 1 | | restricting the
practice, services, or activities of:
|
| 2 | | (1) Any person licensed in this State by any other law |
| 3 | | from engaging in
the profession or occupation for which he |
| 4 | | is licensed; or
|
| 5 | | (2) Any person employed as an occupational therapist or |
| 6 | | occupational therapy
assistant by the Government of the |
| 7 | | United States, if such person provides
occupational |
| 8 | | therapy solely under the direction or control of the |
| 9 | | organization
by which he or she is employed; or
|
| 10 | | (3) Any person pursuing a course of study leading to a |
| 11 | | degree or certificate
in occupational therapy at an |
| 12 | | accredited or approved educational program
if such |
| 13 | | activities and services constitute a part of a supervised |
| 14 | | course
of study, and if such person is designated by a |
| 15 | | title which clearly indicates
his or her status as a |
| 16 | | student or trainee; or
|
| 17 | | (4) Any person fulfilling the supervised work |
| 18 | | experience requirements
of Sections 8 and 9 of this Act, if |
| 19 | | such activities and services constitute
a part of the |
| 20 | | experience necessary to meet the requirement of those |
| 21 | | Sections;
or
|
| 22 | | (5) Any person performing occupational therapy |
| 23 | | services in the State,
if such a person is not a resident |
| 24 | | of this State and is not licensed under
this Act, and if |
| 25 | | such services are performed for no more than 60 days a
|
| 26 | | calendar year in association with an occupational |
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| 1 | | therapist licensed under
this Act and if such person meets |
| 2 | | the qualifications for license under this Act
and:
|
| 3 | | (i) such person is licensed under the law of |
| 4 | | another state which has
licensure
requirements at |
| 5 | | least as restrictive as the requirements of this Act, |
| 6 | | or
|
| 7 | | (ii) such person meets the requirements for |
| 8 | | certification as an
Occupational
Therapist Registered |
| 9 | | (O.T.R.) or a Certified Occupational Therapy Assistant
|
| 10 | | (C.O.T.A.) established by the National Board for |
| 11 | | Certification of
Occupational Therapy or another |
| 12 | | nationally recognized credentialing body
approved by |
| 13 | | the Board; or
|
| 14 | | (6) The practice of occupational therapy by one who has |
| 15 | | applied in writing
to the Department for a license, in form |
| 16 | | and substance satisfactory to
the Department, and has |
| 17 | | complied with all the provisions
of either Section 8 or 9 |
| 18 | | except the passing of the examination to be eligible
to |
| 19 | | receive such license. In no event shall this exemption
|
| 20 | | extend to any person for longer than 6 months, except as |
| 21 | | follows:
|
| 22 | | (i) if the date on which a person can take the next |
| 23 | | available examination
authorized by the
Department |
| 24 | | extends beyond 6 months from the date the person |
| 25 | | completes the
occupational therapy
program as required |
| 26 | | under Section 8 or 9,
the
Department shall extend the |
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| 1 | | exemption until the results of that
examination become |
| 2 | | available to the Department; or
|
| 3 | | (ii) if the Department is unable to complete its |
| 4 | | evaluation and processing
of a person's application |
| 5 | | for a license within 6 months after the date on which
|
| 6 | | the application is submitted to the Department in |
| 7 | | proper form, the Department
shall extend the exemption |
| 8 | | until the Department has completed its evaluation
and |
| 9 | | processing of the application.
|
| 10 | | In the event such applicant fails the examination, the |
| 11 | | applicant shall
cease work immediately until such time as |
| 12 | | the applicant is licensed to
practice occupational therapy |
| 13 | | in this State; or .
|
| 14 | | (7) The practice of occupational therapy by one who has |
| 15 | | applied to the
Department, in form and substance |
| 16 | | satisfactory to the Department, and who
is licensed to |
| 17 | | practice occupational therapy under the laws of another
|
| 18 | | state, territory of the United States or country and who is |
| 19 | | qualified to
receive a license under the provisions of |
| 20 | | either Section 8 or 9 of this
Act. In no event shall this |
| 21 | | exemption extend to any person for longer than 6
months; |
| 22 | | or .
|
| 23 | | (8) (Blank).
|
| 24 | | (Source: P.A. 98-264, eff. 12-31-13; revised 11-14-13.)
|
| 25 | | (225 ILCS 75/3.1)
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| 1 | | (Section scheduled to be repealed on January 1, 2024)
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| 2 | | Sec. 3.1. Referrals. |
| 3 | | (a) A licensed occupational therapist or licensed
|
| 4 | | occupational therapy assistant may consult with, educate, |
| 5 | | evaluate, and monitor
services for individuals, groups, and |
| 6 | | populations concerning occupational therapy needs. Except as |
| 7 | | indicated in subsections (b) and (c) of this Section, |
| 8 | | implementation
of direct occupational therapy treatment to |
| 9 | | individuals for their specific
health care conditions shall be |
| 10 | | based upon a referral from a licensed
physician, dentist, |
| 11 | | podiatric physician, or advanced practice nurse who has a |
| 12 | | written collaborative agreement with a collaborating physician |
| 13 | | to provide or accept referrals from licensed occupational |
| 14 | | therapists, physician assistant who has been delegated |
| 15 | | authority to provide or accept referrals from or to licensed |
| 16 | | occupational therapists, or optometrist.
|
| 17 | | (b) A referral is not required for the purpose of providing |
| 18 | | consultation, habilitation, screening, education, wellness, |
| 19 | | prevention, environmental assessments, and work-related |
| 20 | | ergonomic services to individuals, groups, or populations. |
| 21 | | (c) Referral from a physician or other health care provider |
| 22 | | is not required for evaluation or intervention for children and |
| 23 | | youths if an occupational therapist or occupational therapy |
| 24 | | assistant provides services in a school-based or educational |
| 25 | | environment, including the child's home. |
| 26 | | (d) An occupational therapist shall refer to a licensed |
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| 1 | | physician, dentist,
optometrist, advanced practice nurse, |
| 2 | | physician assistant, or podiatric physician any patient whose |
| 3 | | medical condition should, at the
time of evaluation or |
| 4 | | treatment, be determined to be beyond the scope of
practice of |
| 5 | | the occupational therapist.
|
| 6 | | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; |
| 7 | | revised 9-9-13.)
|
| 8 | | (225 ILCS 75/15) (from Ch. 111, par. 3715)
|
| 9 | | (Section scheduled to be repealed on January 1, 2024)
|
| 10 | | Sec. 15.
Any person who is issued a license as an |
| 11 | | occupational therapist
registered under the terms of this Act |
| 12 | | may use the words "occupational
therapist" or "licensed |
| 13 | | occupational therapist", or
may use the
letters "O.T.", "OT/L", |
| 14 | | or "OTR/L", in connection with his or her name or place
of |
| 15 | | business to denote his or her licensure under this Act.
|
| 16 | | Any person who is issued a license as an a occupational |
| 17 | | therapy
assistant under the terms of this Act may use the |
| 18 | | words, "occupational therapy
assistant" or "licensed |
| 19 | | occupational therapy assistant", or
he or she may use
the |
| 20 | | letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his |
| 21 | | or her
name or place of business to denote his or her licensure |
| 22 | | under this
Act.
|
| 23 | | (Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
|
| 24 | | (225 ILCS 75/19) (from Ch. 111, par. 3719)
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| 1 | | (Section scheduled to be repealed on January 1, 2024)
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| 2 | | Sec. 19. Grounds for discipline. |
| 3 | | (a) The Department may refuse to issue or renew, or may |
| 4 | | revoke,
suspend, place on probation, reprimand or take other |
| 5 | | disciplinary or non-disciplinary
action as the Department may |
| 6 | | deem proper, including imposing fines not to exceed
$10,000 for |
| 7 | | each violation and the assessment of costs as provided under |
| 8 | | Section 19.3 of this Act, with regard to any license for
any |
| 9 | | one or combination of the following:
|
| 10 | | (1) Material misstatement in furnishing information to |
| 11 | | the Department;
|
| 12 | | (2) Violations of this Act, or of the rules promulgated |
| 13 | | thereunder;
|
| 14 | | (3) Conviction by plea of guilty or nolo contendere, |
| 15 | | finding of guilt, jury verdict, or entry of judgment or |
| 16 | | sentencing of any crime, including, but not limited to, |
| 17 | | convictions, preceding sentences of supervision, |
| 18 | | conditional discharge, or first offender probation, under |
| 19 | | the laws of any jurisdiction of the United States that is |
| 20 | | (i) a felony or (ii) a misdemeanor, an essential element of |
| 21 | | which is dishonesty, or that is directly related to the |
| 22 | | practice of the profession;
|
| 23 | | (4) Fraud or any misrepresentation in applying for or |
| 24 | | procuring a license under this Act, or in connection with |
| 25 | | applying for renewal of a license under this Act;
|
| 26 | | (5) Professional incompetence;
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| 1 | | (6) Aiding or assisting another person, firm, |
| 2 | | partnership or
corporation in violating any provision of |
| 3 | | this Act or rules;
|
| 4 | | (7) Failing, within 60 days, to provide information in |
| 5 | | response to a
written request made by the Department;
|
| 6 | | (8) Engaging in dishonorable, unethical or |
| 7 | | unprofessional conduct of a
character likely to deceive, |
| 8 | | defraud or harm the public;
|
| 9 | | (9) Habitual or excessive use or abuse of drugs defined |
| 10 | | in law as controlled substances, alcohol, or any other |
| 11 | | substance that results in the inability to practice with |
| 12 | | reasonable judgment, skill, or safety;
|
| 13 | | (10) Discipline by another state, unit of government, |
| 14 | | government agency, the District of Columbia, a territory,
|
| 15 | | or foreign nation, if at least one of the grounds for the |
| 16 | | discipline is
the same or substantially equivalent to those |
| 17 | | set forth herein;
|
| 18 | | (11) Directly or indirectly giving to or receiving from |
| 19 | | any person, firm,
corporation, partnership, or association |
| 20 | | any fee, commission, rebate or other
form of compensation |
| 21 | | for professional services not actually or personally
|
| 22 | | rendered. Nothing in this paragraph (11) affects any bona |
| 23 | | fide independent contractor or employment arrangements |
| 24 | | among health care professionals, health facilities, health |
| 25 | | care providers, or other entities, except as otherwise |
| 26 | | prohibited by law. Any employment arrangements may include |
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| 1 | | provisions for compensation, health insurance, pension, or |
| 2 | | other employment benefits for the provision of services |
| 3 | | within the scope of the licensee's practice under this Act. |
| 4 | | Nothing in this paragraph (11) shall be construed to |
| 5 | | require an employment arrangement to receive professional |
| 6 | | fees for services rendered;
|
| 7 | | (12) A finding by the Department that the license |
| 8 | | holder, after having his
license disciplined, has violated |
| 9 | | the terms of the discipline;
|
| 10 | | (13) Wilfully making or filing false records or reports |
| 11 | | in the practice
of occupational therapy, including but not |
| 12 | | limited to false records filed
with the State agencies or |
| 13 | | departments;
|
| 14 | | (14) Physical illness, including but not limited to, |
| 15 | | deterioration through
the aging process, or loss of motor |
| 16 | | skill which results in the inability
to practice under this |
| 17 | | Act with reasonable judgment, skill, or safety;
|
| 18 | | (15) Solicitation of professional services other than |
| 19 | | by permitted
advertising;
|
| 20 | | (16) Allowing one's license under this Act to be used |
| 21 | | by an unlicensed person in violation of this Act;
|
| 22 | | (17) Practicing under a false or, except as provided by |
| 23 | | law, assumed name;
|
| 24 | | (18) Professional incompetence or gross negligence;
|
| 25 | | (19) Malpractice;
|
| 26 | | (20) Promotion of the sale of drugs, devices, |
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| 1 | | appliances, or goods provided for a patient in any manner |
| 2 | | to exploit the client for financial gain of the licensee;
|
| 3 | | (21) Gross, willful, or continued overcharging for |
| 4 | | professional services;
|
| 5 | | (22) Mental illness or disability that results in the |
| 6 | | inability to practice under this Act with reasonable |
| 7 | | judgment, skill, or safety;
|
| 8 | | (23) Violating the Health Care Worker Self-Referral |
| 9 | | Act;
|
| 10 | | (24) Having treated patients other than by the practice |
| 11 | | of occupational
therapy as defined in this Act, or having |
| 12 | | treated patients as a licensed
occupational therapist |
| 13 | | independent of a referral from a physician, advanced |
| 14 | | practice nurse or physician assistant in accordance with |
| 15 | | Section 3.1, dentist,
podiatric physician, or optometrist, |
| 16 | | or having failed to notify the physician,
advanced practice |
| 17 | | nurse, physician assistant,
dentist, podiatric physician, |
| 18 | | or optometrist who established a diagnosis that the
patient |
| 19 | | is
receiving occupational therapy pursuant to that |
| 20 | | diagnosis;
|
| 21 | | (25) Cheating on or attempting to subvert the licensing |
| 22 | | examination administered under this Act; and |
| 23 | | (26) Charging for professional services not rendered, |
| 24 | | including filing false statements for the collection of |
| 25 | | fees for which services are not rendered. |
| 26 | | All fines imposed under this Section shall be paid within |
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| 1 | | 60 days after the effective date of the order imposing the fine |
| 2 | | or in accordance with the terms set forth in the order imposing |
| 3 | | the fine. |
| 4 | | (b) The determination by a circuit court that a license |
| 5 | | holder is subject
to involuntary admission or judicial |
| 6 | | admission as provided in the Mental
Health and Developmental |
| 7 | | Disabilities Code, as now or hereafter amended,
operates as an |
| 8 | | automatic suspension. Such suspension will end only upon
a |
| 9 | | finding by a court that the patient is no longer subject to |
| 10 | | involuntary
admission or judicial admission and an order by the |
| 11 | | court so finding and
discharging the patient. In any case where |
| 12 | | a license is suspended under this provision, the licensee shall |
| 13 | | file a petition for restoration and shall include evidence |
| 14 | | acceptable to the Department that the licensee can resume |
| 15 | | practice in compliance with acceptable and prevailing |
| 16 | | standards of their profession.
|
| 17 | | (c) The Department may refuse to issue or may suspend |
| 18 | | without hearing, as provided for in the Code of Civil |
| 19 | | Procedure,
the license of any person who fails to file a |
| 20 | | return, to pay the tax, penalty,
or interest
shown in a filed |
| 21 | | return, or to pay any final assessment of tax, penalty, or
|
| 22 | | interest as
required by any tax Act administered by the |
| 23 | | Illinois Department of Revenue, until such
time as
the |
| 24 | | requirements of any such tax Act are satisfied in accordance |
| 25 | | with subsection (a) of Section 2105-15 of the Department of |
| 26 | | Professional Regulation Law of the Civil Administrative Code of |
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| 1 | | Illinois.
|
| 2 | | (d) In enforcing this Section, the Department, upon a |
| 3 | | showing of a possible violation, may compel any individual who |
| 4 | | is licensed under this Act or any individual who has applied |
| 5 | | for licensure to submit to a mental or physical examination or |
| 6 | | evaluation, or both, which may include a substance abuse or |
| 7 | | sexual offender evaluation, at the expense of the Department. |
| 8 | | The Department shall specifically designate the examining |
| 9 | | physician licensed to practice medicine in all of its branches |
| 10 | | or, if applicable, the multidisciplinary team involved in |
| 11 | | providing the mental or physical examination and evaluation. |
| 12 | | The multidisciplinary team shall be led by a physician licensed |
| 13 | | to practice medicine in all of its branches and may consist of |
| 14 | | one or more or a combination of physicians licensed to practice |
| 15 | | medicine in all of its branches, licensed chiropractic |
| 16 | | physicians, licensed clinical psychologists, licensed clinical |
| 17 | | social workers, licensed clinical professional counselors, and |
| 18 | | other professional and administrative staff. Any examining |
| 19 | | physician or member of the multidisciplinary team may require |
| 20 | | any person ordered to submit to an examination and evaluation |
| 21 | | pursuant to this Section to submit to any additional |
| 22 | | supplemental testing deemed necessary to complete any |
| 23 | | examination or evaluation process, including, but not limited |
| 24 | | to, blood testing, urinalysis, psychological testing, or |
| 25 | | neuropsychological testing. |
| 26 | | The Department may order the examining physician or any |
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| 1 | | member of the multidisciplinary team to provide to the |
| 2 | | Department any and all records, including business records, |
| 3 | | that relate to the examination and evaluation, including any |
| 4 | | supplemental testing performed. The Department may order the |
| 5 | | examining physician or any member of the multidisciplinary team |
| 6 | | to present testimony concerning this examination and |
| 7 | | evaluation of the licensee or applicant, including testimony |
| 8 | | concerning any supplemental testing or documents relating to |
| 9 | | the examination and evaluation. No information, report, |
| 10 | | record, or other documents in any way related to the |
| 11 | | examination and evaluation shall be excluded by reason of any |
| 12 | | common law or statutory privilege relating to communication |
| 13 | | between the licensee or applicant and the examining physician |
| 14 | | or any member of the multidisciplinary team. No authorization |
| 15 | | is necessary from the licensee or applicant ordered to undergo |
| 16 | | an evaluation and examination for the examining physician or |
| 17 | | any member of the multidisciplinary team to provide |
| 18 | | information, reports, records, or other documents or to provide |
| 19 | | any testimony regarding the examination and evaluation. The |
| 20 | | individual to be examined may have, at his or her own expense, |
| 21 | | another physician of his or her choice present during all |
| 22 | | aspects of the examination. |
| 23 | | Failure of any individual to submit to mental or physical |
| 24 | | examination or evaluation, or both, when directed, shall result |
| 25 | | in an automatic suspension without hearing, until such time as |
| 26 | | the individual submits to the examination. If the Department |
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| 1 | | finds a licensee unable to practice because of the reasons set |
| 2 | | forth in this Section, the Department shall require the |
| 3 | | licensee to submit to care, counseling, or treatment by |
| 4 | | physicians approved or designated by the Department as a |
| 5 | | condition for continued, reinstated, or renewed licensure. |
| 6 | | When the Secretary immediately suspends a license under |
| 7 | | this Section, a hearing upon such person's license must be |
| 8 | | convened by the Department within 15 days after the suspension |
| 9 | | and completed without appreciable delay. The Department shall |
| 10 | | have the authority to review the licensee's record of treatment |
| 11 | | and counseling regarding the impairment to the extent permitted |
| 12 | | by applicable federal statutes and regulations safeguarding |
| 13 | | the confidentiality of medical records. |
| 14 | | Individuals licensed under this Act that are affected under |
| 15 | | this Section, shall be afforded an opportunity to demonstrate |
| 16 | | to the Department that they can resume practice in compliance |
| 17 | | with acceptable and prevailing standards under the provisions |
| 18 | | of their license.
|
| 19 | | (e) The Department shall deny a license or renewal |
| 20 | | authorized by this Act to a person who has defaulted on an |
| 21 | | educational loan or scholarship provided or guaranteed by the |
| 22 | | Illinois Student Assistance Commission or any governmental |
| 23 | | agency of this State in accordance with paragraph (5) of |
| 24 | | subsection (a) of Section 2105-15 of the Department of |
| 25 | | Professional Regulation Law of the Civil Administrative Code of |
| 26 | | Illinois. |
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| 1 | | (f) In cases where the Department of Healthcare and Family |
| 2 | | Services has previously determined a licensee or a potential |
| 3 | | licensee is more than 30 days delinquent in the payment of |
| 4 | | child support and has subsequently certified the delinquency to |
| 5 | | the Department, the Department may refuse to issue or renew or |
| 6 | | may revoke or suspend that person's license or may take other |
| 7 | | disciplinary action against that person based solely upon the |
| 8 | | certification of delinquency made by the Department of |
| 9 | | Healthcare and Family Services in accordance with paragraph (5) |
| 10 | | of subsection (a) of Section 2105-15 of the Department of |
| 11 | | Professional Regulation Law of the Civil Administrative Code of |
| 12 | | Illinois. |
| 13 | | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; |
| 14 | | revised 9-24-13.)
|
| 15 | | (225 ILCS 75/21) (from Ch. 111, par. 3737)
|
| 16 | | (Section scheduled to be repealed on January 1, 2024)
|
| 17 | | Sec. 21. Home rule. The regulation and licensing as an a |
| 18 | | occupational therapist are exclusive powers and functions of |
| 19 | | the State. A home rule unit may not regulate or license an |
| 20 | | occupational therapist or the practice of occupational |
| 21 | | therapy. This Section is a denial and limitation of home rule |
| 22 | | powers and functions under subsection (h) of Section 6 of |
| 23 | | Article VII of the Illinois Constitution.
|
| 24 | | (Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
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| 1 | | Section 425. The Orthotics, Prosthetics, and Pedorthics |
| 2 | | Practice Act is amended by changing Section 90 as follows:
|
| 3 | | (225 ILCS 84/90)
|
| 4 | | (Section scheduled to be repealed on January 1, 2020)
|
| 5 | | Sec. 90. Grounds for discipline.
|
| 6 | | (a) The Department may refuse to issue or renew a license, |
| 7 | | or may revoke or
suspend a license, or may suspend, place on |
| 8 | | probation, or reprimand a
licensee
or take other disciplinary |
| 9 | | or non-disciplinary action as the Department may deem proper, |
| 10 | | including, but not limited to, the imposition of fines not to |
| 11 | | exceed $10,000 for each violation for one or any combination of |
| 12 | | the following:
|
| 13 | | (1) Making a material misstatement in furnishing |
| 14 | | information to the
Department or the Board.
|
| 15 | | (2) Violations of or negligent or intentional |
| 16 | | disregard of this Act or
its rules.
|
| 17 | | (3) Conviction of, or entry of a plea of guilty or nolo |
| 18 | | contendere to any crime that is a felony under the laws of |
| 19 | | the United States or any state or territory thereof or that |
| 20 | | is a misdemeanor of which an essential element is |
| 21 | | dishonesty, or any crime that is directly related to the |
| 22 | | practice of the profession.
|
| 23 | | (4) Making a misrepresentation for the purpose of |
| 24 | | obtaining a
license.
|
| 25 | | (5) A pattern of practice or other behavior that |
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| 1 | | demonstrates incapacity
or incompetence to practice under |
| 2 | | this Act.
|
| 3 | | (6) Gross negligence under this Act.
|
| 4 | | (7) Aiding or assisting another person in violating a |
| 5 | | provision of
this Act or its rules.
|
| 6 | | (8) Failing to provide information within 60 days in |
| 7 | | response to a
written request made by the Department.
|
| 8 | | (9) Engaging in dishonorable, unethical, or |
| 9 | | unprofessional conduct
or conduct of a character likely to |
| 10 | | deceive, defraud, or harm the public.
|
| 11 | | (10) Inability to practice with reasonable judgment, |
| 12 | | skill, or safety as a result of habitual or excessive use |
| 13 | | or addiction to alcohol, narcotics, stimulants, or any |
| 14 | | other chemical agent or drug.
|
| 15 | | (11) Discipline by another state or territory of the |
| 16 | | United States, the
federal government, or foreign nation, |
| 17 | | if at least one of the grounds for the
discipline is the |
| 18 | | same or substantially equivalent to one set forth in this
|
| 19 | | Section.
|
| 20 | | (12) Directly or indirectly giving to or receiving from |
| 21 | | a person,
firm, corporation, partnership, or association a |
| 22 | | fee, commission, rebate, or
other form of compensation for |
| 23 | | professional services not actually or
personally rendered. |
| 24 | | Nothing in this paragraph (12) affects any bona fide |
| 25 | | independent contractor or employment arrangements among |
| 26 | | health care professionals, health facilities, health care |
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| 1 | | providers, or other entities, except as otherwise |
| 2 | | prohibited by law. Any employment arrangements may include |
| 3 | | provisions for compensation, health insurance, pension, or |
| 4 | | other employment benefits for the provision of services |
| 5 | | within the scope of the licensee's practice under this Act. |
| 6 | | Nothing in this paragraph (12) shall be construed to |
| 7 | | require an employment arrangement to receive professional |
| 8 | | fees for services rendered.
|
| 9 | | (13) A finding by the Board that the licensee or |
| 10 | | registrant, after
having his or her license placed on |
| 11 | | probationary status, has violated the terms
of probation.
|
| 12 | | (14) Abandonment of a patient or client.
|
| 13 | | (15) Willfully making or filing false records or |
| 14 | | reports in his or her
practice including, but not limited |
| 15 | | to, false records filed with State agencies
or departments.
|
| 16 | | (16) Willfully failing to report an instance of |
| 17 | | suspected child abuse
or neglect as required by the Abused |
| 18 | | and Neglected Child Reporting Act.
|
| 19 | | (17) Inability to practice the profession with |
| 20 | | reasonable judgment, skill, or safety as a result of a |
| 21 | | physical illness, including, but not limited to, |
| 22 | | deterioration through the aging process or loss of motor |
| 23 | | skill, or a mental illness or disability.
|
| 24 | | (18) Solicitation of professional services using false |
| 25 | | or misleading
advertising.
|
| 26 | | (b) In enforcing this Section, the Department or Board upon |
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| 1 | | a showing of a possible violation, may compel a licensee or |
| 2 | | applicant to submit to a mental or physical examination, or |
| 3 | | both, as required by and at the expense of the Department. The |
| 4 | | Department or Board may order the examining physician to |
| 5 | | present testimony concerning the mental or physical |
| 6 | | examination of the licensee or applicant. No information shall |
| 7 | | be excluded by reason of any common law or statutory privilege |
| 8 | | relating to communications between the licensee or applicant |
| 9 | | and the examining physician. The examining physicians shall be |
| 10 | | specifically designated by the Board or Department. The |
| 11 | | individual to be examined may have, at his or her own expense, |
| 12 | | another physician of his or her choice present during all |
| 13 | | aspects of this examination. Failure of an individual to submit |
| 14 | | to a mental or physical examination, when directed, shall be |
| 15 | | grounds for the immediate suspension of his or her license |
| 16 | | until the individual submits to the examination if the |
| 17 | | Department finds that the refusal to submit to the examination |
| 18 | | was without reasonable cause as defined by rule. |
| 19 | | In instances in which the Secretary immediately suspends a |
| 20 | | person's license for his or her failure to submit to a mental |
| 21 | | or physical examination, when directed, a hearing on that |
| 22 | | person's license must be convened by the Department within 15 |
| 23 | | days after the suspension and completed without appreciable |
| 24 | | delay. |
| 25 | | In instances in which the Secretary otherwise suspends a |
| 26 | | person's license pursuant to the results of a compelled mental |
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| 1 | | or physical examination, a hearing on that person's license |
| 2 | | must be convened by the Department within 15 days after the |
| 3 | | suspension and completed without appreciable delay. The |
| 4 | | Department and Board shall have the authority to review the |
| 5 | | subject individual's record of treatment and counseling |
| 6 | | regarding the impairment to the extent permitted by applicable |
| 7 | | federal statutes and regulations safeguarding the |
| 8 | | confidentiality of medical records. |
| 9 | | An individual licensed under this Act and affected under |
| 10 | | this Section shall be afforded an opportunity to demonstrate to |
| 11 | | the Department or Board that he or she can resume practice in |
| 12 | | compliance with acceptable and prevailing standards under the |
| 13 | | provisions of his or her license.
|
| 14 | | (c) The Department shall deny a license or renewal |
| 15 | | authorized by this Act to a person who has defaulted on an |
| 16 | | educational loan or scholarship provided or guaranteed by the |
| 17 | | Illinois Student Assistance Commission or any governmental |
| 18 | | agency of this State in accordance with subsection (a)(5) of |
| 19 | | Section 2105-15 15 of the Department of Professional Regulation |
| 20 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 21 | | 2105/2105-15).
|
| 22 | | (d) In cases where the Department of Healthcare and Family |
| 23 | | Services (formerly Department of Public Aid) has previously |
| 24 | | determined that a licensee or a potential licensee is more than |
| 25 | | 30 days delinquent in the payment of child support and has |
| 26 | | subsequently certified the delinquency to the Department, the |
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| 1 | | Department may refuse to issue or renew or may revoke or |
| 2 | | suspend that person's license or may take other disciplinary |
| 3 | | action against that person based solely upon the certification |
| 4 | | of delinquency made by the Department of Healthcare and Family |
| 5 | | Services in accordance with subsection (a)(5) of Section |
| 6 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 7 | | the Civil Administrative Code of Illinois (20 ILCS |
| 8 | | 2105/2105-15). |
| 9 | | (e) The Department may refuse to issue or renew a license, |
| 10 | | or may revoke or suspend a license, for failure to file a |
| 11 | | return, to pay the tax, penalty, or interest shown in a filed |
| 12 | | return, or to pay any final assessment of tax, penalty, or |
| 13 | | interest as required by any tax Act administered by the |
| 14 | | Department of Revenue, until such time as the requirements of |
| 15 | | the tax Act are satisfied in accordance with subsection (g) of |
| 16 | | Section 2105-15 15 of the Department of Professional Regulation |
| 17 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 18 | | 2105/2105-15). |
| 19 | | (Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10; |
| 20 | | revised 11-14-13.)
|
| 21 | | Section 430. The Pharmacy Practice Act is amended by |
| 22 | | changing Section 3 as follows:
|
| 23 | | (225 ILCS 85/3)
|
| 24 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 3. Definitions. For the purpose of this Act, except |
| 2 | | where otherwise
limited therein:
|
| 3 | | (a) "Pharmacy" or "drugstore" means and includes every |
| 4 | | store, shop,
pharmacy department, or other place where |
| 5 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, |
| 6 | | medicines, or poisons are
dispensed, sold or
offered for sale |
| 7 | | at retail, or displayed for sale at retail; or
(2)
where
|
| 8 | | prescriptions of physicians, dentists, advanced practice |
| 9 | | nurses, physician assistants, veterinarians, podiatric |
| 10 | | physicians, or
optometrists, within the limits of their
|
| 11 | | licenses, are
compounded, filled, or dispensed; or (3) which |
| 12 | | has upon it or
displayed within
it, or affixed to or used in |
| 13 | | connection with it, a sign bearing the word or
words |
| 14 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", |
| 15 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", |
| 16 | | "Drugs", "Dispensary", "Medicines", or any word
or words of |
| 17 | | similar or like import, either in the English language
or any |
| 18 | | other language; or (4) where the characteristic prescription
|
| 19 | | sign (Rx) or similar design is exhibited; or (5) any store, or
|
| 20 | | shop,
or other place with respect to which any of the above |
| 21 | | words, objects,
signs or designs are used in any advertisement.
|
| 22 | | (b) "Drugs" means and includes (l) articles recognized
in |
| 23 | | the official United States Pharmacopoeia/National Formulary |
| 24 | | (USP/NF),
or any supplement thereto and being intended for and |
| 25 | | having for their
main use the diagnosis, cure, mitigation, |
| 26 | | treatment or prevention of
disease in man or other animals, as |
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| 1 | | approved by the United States Food and
Drug Administration, but |
| 2 | | does not include devices or their components, parts,
or |
| 3 | | accessories; and (2) all other articles intended
for and having |
| 4 | | for their main use the diagnosis, cure, mitigation,
treatment |
| 5 | | or prevention of disease in man or other animals, as approved
|
| 6 | | by the United States Food and Drug Administration, but does not |
| 7 | | include
devices or their components, parts, or accessories; and |
| 8 | | (3) articles
(other than food) having for their main use and |
| 9 | | intended
to affect the structure or any function of the body of |
| 10 | | man or other
animals; and (4) articles having for their main |
| 11 | | use and intended
for use as a component or any articles |
| 12 | | specified in clause (l), (2)
or (3); but does not include |
| 13 | | devices or their components, parts or
accessories.
|
| 14 | | (c) "Medicines" means and includes all drugs intended for
|
| 15 | | human or veterinary use approved by the United States Food and |
| 16 | | Drug
Administration.
|
| 17 | | (d) "Practice of pharmacy" means (1) the interpretation and |
| 18 | | the provision of assistance in the monitoring, evaluation, and |
| 19 | | implementation of prescription drug orders; (2) the dispensing |
| 20 | | of prescription drug orders; (3) participation in drug and |
| 21 | | device selection; (4) drug administration limited to the |
| 22 | | administration of oral, topical, injectable, and inhalation as |
| 23 | | follows: in the context of patient education on the proper use |
| 24 | | or delivery of medications; vaccination of patients 14 years of |
| 25 | | age and older pursuant to a valid prescription or standing |
| 26 | | order, by a physician licensed to practice medicine in all its |
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| 1 | | branches, upon completion of appropriate training, including |
| 2 | | how to address contraindications and adverse reactions set |
| 3 | | forth by rule, with notification to the patient's physician and |
| 4 | | appropriate record retention, or pursuant to hospital pharmacy |
| 5 | | and therapeutics committee policies and procedures; (5) |
| 6 | | vaccination of patients ages 10 through 13 limited to the |
| 7 | | Influenza (inactivated influenza vaccine and live attenuated |
| 8 | | influenza intranasal vaccine) and Tdap (defined as tetanus, |
| 9 | | diphtheria, acellular pertussis) vaccines, pursuant to a valid |
| 10 | | prescription or standing order, by a physician licensed to |
| 11 | | practice medicine in all its branches, upon completion of |
| 12 | | appropriate training, including how to address |
| 13 | | contraindications and adverse reactions set forth by rule, with |
| 14 | | notification to the patient's physician and appropriate record |
| 15 | | retention, or pursuant to hospital pharmacy and therapeutics |
| 16 | | committee policies and procedures; (6) drug regimen review; (7) |
| 17 | | drug or drug-related research; (8) the provision of patient |
| 18 | | counseling; (9) the practice of telepharmacy; (10) the |
| 19 | | provision of those acts or services necessary to provide |
| 20 | | pharmacist care; (11) medication therapy management; and (12) |
| 21 | | the responsibility for compounding and labeling of drugs and |
| 22 | | devices (except labeling by a manufacturer, repackager, or |
| 23 | | distributor of non-prescription drugs and commercially |
| 24 | | packaged legend drugs and devices), proper and safe storage of |
| 25 | | drugs and devices, and maintenance of required records. A |
| 26 | | pharmacist who performs any of the acts defined as the practice |
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| 1 | | of pharmacy in this State must be actively licensed as a |
| 2 | | pharmacist under this Act.
|
| 3 | | (e) "Prescription" means and includes any written, oral, |
| 4 | | facsimile, or
electronically transmitted order for drugs
or |
| 5 | | medical devices, issued by a physician licensed to practice |
| 6 | | medicine in
all its branches, dentist, veterinarian, or |
| 7 | | podiatric physician, or
optometrist, within the
limits of their |
| 8 | | licenses, by a physician assistant in accordance with
|
| 9 | | subsection (f) of Section 4, or by an advanced practice nurse |
| 10 | | in
accordance with subsection (g) of Section 4, containing the
|
| 11 | | following: (l) name
of the patient; (2) date when prescription |
| 12 | | was issued; (3) name
and strength of drug or description of the |
| 13 | | medical device prescribed;
and (4) quantity; (5) directions for |
| 14 | | use; (6) prescriber's name,
address,
and signature; and (7) DEA |
| 15 | | number where required, for controlled
substances.
The |
| 16 | | prescription may, but is not required to, list the illness, |
| 17 | | disease, or condition for which the drug or device is being |
| 18 | | prescribed. DEA numbers shall not be required on inpatient drug |
| 19 | | orders.
|
| 20 | | (f) "Person" means and includes a natural person, |
| 21 | | copartnership,
association, corporation, government entity, or |
| 22 | | any other legal
entity.
|
| 23 | | (g) "Department" means the Department of Financial and
|
| 24 | | Professional Regulation.
|
| 25 | | (h) "Board of Pharmacy" or "Board" means the State Board
of |
| 26 | | Pharmacy of the Department of Financial and Professional |
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| 1 | | Regulation.
|
| 2 | | (i) "Secretary"
means the Secretary
of Financial and |
| 3 | | Professional Regulation.
|
| 4 | | (j) "Drug product selection" means the interchange for a
|
| 5 | | prescribed pharmaceutical product in accordance with Section |
| 6 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and |
| 7 | | Cosmetic Act.
|
| 8 | | (k) "Inpatient drug order" means an order issued by an |
| 9 | | authorized
prescriber for a resident or patient of a facility |
| 10 | | licensed under the
Nursing Home Care Act, the ID/DD Community |
| 11 | | Care Act, the Specialized Mental Health Rehabilitation Act of |
| 12 | | 2013, or the Hospital Licensing Act, or "An Act in relation to
|
| 13 | | the founding and operation of the University of Illinois |
| 14 | | Hospital and the
conduct of University of Illinois health care |
| 15 | | programs", approved July 3, 1931,
as amended, or a facility |
| 16 | | which is operated by the Department of Human
Services (as |
| 17 | | successor to the Department of Mental Health
and Developmental |
| 18 | | Disabilities) or the Department of Corrections.
|
| 19 | | (k-5) "Pharmacist" means an individual health care |
| 20 | | professional and
provider currently licensed by this State to |
| 21 | | engage in the practice of
pharmacy.
|
| 22 | | (l) "Pharmacist in charge" means the licensed pharmacist |
| 23 | | whose name appears
on a pharmacy license and who is responsible |
| 24 | | for all aspects of the
operation related to the practice of |
| 25 | | pharmacy.
|
| 26 | | (m) "Dispense" or "dispensing" means the interpretation, |
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| 1 | | evaluation, and implementation of a prescription drug order, |
| 2 | | including the preparation and delivery of a drug or device to a |
| 3 | | patient or patient's agent in a suitable container |
| 4 | | appropriately labeled for subsequent administration to or use |
| 5 | | by a patient in accordance with applicable State and federal |
| 6 | | laws and regulations.
"Dispense" or "dispensing" does not mean |
| 7 | | the physical delivery to a patient or a
patient's |
| 8 | | representative in a home or institution by a designee of a |
| 9 | | pharmacist
or by common carrier. "Dispense" or "dispensing" |
| 10 | | also does not mean the physical delivery
of a drug or medical |
| 11 | | device to a patient or patient's representative by a
|
| 12 | | pharmacist's designee within a pharmacy or drugstore while the |
| 13 | | pharmacist is
on duty and the pharmacy is open.
|
| 14 | | (n) "Nonresident pharmacy"
means a pharmacy that is located |
| 15 | | in a state, commonwealth, or territory
of the United States, |
| 16 | | other than Illinois, that delivers, dispenses, or
distributes, |
| 17 | | through the United States Postal Service, commercially |
| 18 | | acceptable parcel delivery service, or other common
carrier, to |
| 19 | | Illinois residents, any substance which requires a |
| 20 | | prescription.
|
| 21 | | (o) "Compounding" means the preparation and mixing of |
| 22 | | components, excluding flavorings, (1) as the result of a |
| 23 | | prescriber's prescription drug order or initiative based on the |
| 24 | | prescriber-patient-pharmacist relationship in the course of |
| 25 | | professional practice or (2) for the purpose of, or incident |
| 26 | | to, research, teaching, or chemical analysis and not for sale |
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| 1 | | or dispensing. "Compounding" includes the preparation of drugs |
| 2 | | or devices in anticipation of receiving prescription drug |
| 3 | | orders based on routine, regularly observed dispensing |
| 4 | | patterns. Commercially available products may be compounded |
| 5 | | for dispensing to individual patients only if all of the |
| 6 | | following conditions are met: (i) the commercial product is not |
| 7 | | reasonably available from normal distribution channels in a |
| 8 | | timely manner to meet the patient's needs and (ii) the |
| 9 | | prescribing practitioner has requested that the drug be |
| 10 | | compounded.
|
| 11 | | (p) (Blank).
|
| 12 | | (q) (Blank).
|
| 13 | | (r) "Patient counseling" means the communication between a |
| 14 | | pharmacist or a student pharmacist under the supervision of a |
| 15 | | pharmacist and a patient or the patient's representative about |
| 16 | | the patient's medication or device for the purpose of |
| 17 | | optimizing proper use of prescription medications or devices. |
| 18 | | "Patient counseling" may include without limitation (1) |
| 19 | | obtaining a medication history; (2) acquiring a patient's |
| 20 | | allergies and health conditions; (3) facilitation of the |
| 21 | | patient's understanding of the intended use of the medication; |
| 22 | | (4) proper directions for use; (5) significant potential |
| 23 | | adverse events; (6) potential food-drug interactions; and (7) |
| 24 | | the need to be compliant with the medication therapy. A |
| 25 | | pharmacy technician may only participate in the following |
| 26 | | aspects of patient counseling under the supervision of a |
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| 1 | | pharmacist: (1) obtaining medication history; (2) providing |
| 2 | | the offer for counseling by a pharmacist or student pharmacist; |
| 3 | | and (3) acquiring a patient's allergies and health conditions.
|
| 4 | | (s) "Patient profiles" or "patient drug therapy record" |
| 5 | | means the
obtaining, recording, and maintenance of patient |
| 6 | | prescription
information, including prescriptions for |
| 7 | | controlled substances, and
personal information.
|
| 8 | | (t) (Blank).
|
| 9 | | (u) "Medical device" means an instrument, apparatus, |
| 10 | | implement, machine,
contrivance, implant, in vitro reagent, or |
| 11 | | other similar or related article,
including any component part |
| 12 | | or accessory, required under federal law to
bear the label |
| 13 | | "Caution: Federal law requires dispensing by or on the order
of |
| 14 | | a physician". A seller of goods and services who, only for the |
| 15 | | purpose of
retail sales, compounds, sells, rents, or leases |
| 16 | | medical devices shall not,
by reasons thereof, be required to |
| 17 | | be a licensed pharmacy.
|
| 18 | | (v) "Unique identifier" means an electronic signature, |
| 19 | | handwritten
signature or initials, thumb print, or other |
| 20 | | acceptable biometric
or electronic identification process as |
| 21 | | approved by the Department.
|
| 22 | | (w) "Current usual and customary retail price" means the |
| 23 | | price that a pharmacy charges to a non-third-party payor.
|
| 24 | | (x) "Automated pharmacy system" means a mechanical system |
| 25 | | located within the confines of the pharmacy or remote location |
| 26 | | that performs operations or activities, other than compounding |
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| 1 | | or administration, relative to storage, packaging, dispensing, |
| 2 | | or distribution of medication, and which collects, controls, |
| 3 | | and maintains all transaction information. |
| 4 | | (y) "Drug regimen review" means and includes the evaluation |
| 5 | | of prescription drug orders and patient records for (1)
known |
| 6 | | allergies; (2) drug or potential therapy contraindications;
|
| 7 | | (3) reasonable dose, duration of use, and route of |
| 8 | | administration, taking into consideration factors such as age, |
| 9 | | gender, and contraindications; (4) reasonable directions for |
| 10 | | use; (5) potential or actual adverse drug reactions; (6) |
| 11 | | drug-drug interactions; (7) drug-food interactions; (8) |
| 12 | | drug-disease contraindications; (9) therapeutic duplication; |
| 13 | | (10) patient laboratory values when authorized and available; |
| 14 | | (11) proper utilization (including over or under utilization) |
| 15 | | and optimum therapeutic outcomes; and (12) abuse and misuse.
|
| 16 | | (z) "Electronic transmission prescription" means any |
| 17 | | prescription order for which a facsimile or electronic image of |
| 18 | | the order is electronically transmitted from a licensed |
| 19 | | prescriber to a pharmacy. "Electronic transmission |
| 20 | | prescription" includes both data and image prescriptions.
|
| 21 | | (aa) "Medication therapy management services" means a |
| 22 | | distinct service or group of services offered by licensed |
| 23 | | pharmacists, physicians licensed to practice medicine in all |
| 24 | | its branches, advanced practice nurses authorized in a written |
| 25 | | agreement with a physician licensed to practice medicine in all |
| 26 | | its branches, or physician assistants authorized in guidelines |
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| 1 | | by a supervising physician that optimize therapeutic outcomes |
| 2 | | for individual patients through improved medication use. In a |
| 3 | | retail or other non-hospital pharmacy, medication therapy |
| 4 | | management services shall consist of the evaluation of |
| 5 | | prescription drug orders and patient medication records to |
| 6 | | resolve conflicts with the following: |
| 7 | | (1) known allergies; |
| 8 | | (2) drug or potential therapy contraindications; |
| 9 | | (3) reasonable dose, duration of use, and route of |
| 10 | | administration, taking into consideration factors such as |
| 11 | | age, gender, and contraindications; |
| 12 | | (4) reasonable directions for use; |
| 13 | | (5) potential or actual adverse drug reactions; |
| 14 | | (6) drug-drug interactions; |
| 15 | | (7) drug-food interactions; |
| 16 | | (8) drug-disease contraindications; |
| 17 | | (9) identification of therapeutic duplication; |
| 18 | | (10) patient laboratory values when authorized and |
| 19 | | available; |
| 20 | | (11) proper utilization (including over or under |
| 21 | | utilization) and optimum therapeutic outcomes; and |
| 22 | | (12) drug abuse and misuse. |
| 23 | | "Medication therapy management services" includes the |
| 24 | | following: |
| 25 | | (1) documenting the services delivered and |
| 26 | | communicating the information provided to patients' |
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| 1 | | prescribers within an appropriate time frame, not to exceed |
| 2 | | 48 hours; |
| 3 | | (2) providing patient counseling designed to enhance a |
| 4 | | patient's understanding and the appropriate use of his or |
| 5 | | her medications; and |
| 6 | | (3) providing information, support services, and |
| 7 | | resources designed to enhance a patient's adherence with |
| 8 | | his or her prescribed therapeutic regimens. |
| 9 | | "Medication therapy management services" may also include |
| 10 | | patient care functions authorized by a physician licensed to |
| 11 | | practice medicine in all its branches for his or her identified |
| 12 | | patient or groups of patients under specified conditions or |
| 13 | | limitations in a standing order from the physician. |
| 14 | | "Medication therapy management services" in a licensed |
| 15 | | hospital may also include the following: |
| 16 | | (1) reviewing assessments of the patient's health |
| 17 | | status; and |
| 18 | | (2) following protocols of a hospital pharmacy and |
| 19 | | therapeutics committee with respect to the fulfillment of |
| 20 | | medication orders.
|
| 21 | | (bb) "Pharmacist care" means the provision by a pharmacist |
| 22 | | of medication therapy management services, with or without the |
| 23 | | dispensing of drugs or devices, intended to achieve outcomes |
| 24 | | that improve patient health, quality of life, and comfort and |
| 25 | | enhance patient safety.
|
| 26 | | (cc) "Protected health information" means individually |
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| 1 | | identifiable health information that, except as otherwise |
| 2 | | provided, is:
|
| 3 | | (1) transmitted by electronic media; |
| 4 | | (2) maintained in any medium set forth in the |
| 5 | | definition of "electronic media" in the federal Health |
| 6 | | Insurance Portability and Accountability Act; or |
| 7 | | (3) transmitted or maintained in any other form or |
| 8 | | medium. |
| 9 | | "Protected health information" does not include |
| 10 | | individually identifiable health information found in: |
| 11 | | (1) education records covered by the federal Family |
| 12 | | Educational Right and Privacy Act; or |
| 13 | | (2) employment records held by a licensee in its role |
| 14 | | as an employer. |
| 15 | | (dd) "Standing order" means a specific order for a patient |
| 16 | | or group of patients issued by a physician licensed to practice |
| 17 | | medicine in all its branches in Illinois. |
| 18 | | (ee) "Address of record" means the address recorded by the |
| 19 | | Department in the applicant's or licensee's application file or |
| 20 | | license file, as maintained by the Department's licensure |
| 21 | | maintenance unit. |
| 22 | | (ff) "Home pharmacy" means the location of a pharmacy's |
| 23 | | primary operations.
|
| 24 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
| 25 | | eff. 7-13-12; 97-1043, eff. 8-21-12; 98-104, eff. 7-22-13; |
| 26 | | 98-214, eff. 8-9-13; revised 9-24-13.)
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| 1 | | Section 435. The Boxing and Full-contact Martial Arts Act |
| 2 | | is amended by changing Section 8 as follows:
|
| 3 | | (225 ILCS 105/8) (from Ch. 111, par. 5008)
|
| 4 | | (Section scheduled to be repealed on January 1, 2022)
|
| 5 | | Sec. 8. Permits.
|
| 6 | | (a) A promoter who desires to obtain a permit to conduct a |
| 7 | | professional or amateur
contest, or a combination of both, |
| 8 | | shall apply to the Department at least 20 days prior to the
|
| 9 | | event,
in writing, on forms furnished by the Department. The |
| 10 | | application shall
be accompanied by the required fee and shall
|
| 11 | | contain, but not be limited to, the following information to be |
| 12 | | submitted at times specified by rule:
|
| 13 | | (1) the legal names and addresses of the promoter;
|
| 14 | | (2) the name of the matchmaker;
|
| 15 | | (3) the time and exact location of the professional or |
| 16 | | amateur
contest, or a combination of both. It is the |
| 17 | | responsibility of the promoter to ensure that the building |
| 18 | | to be used for the event complies with all laws, |
| 19 | | ordinances, and regulations in the city, town, village, or |
| 20 | | county where the contest is to be held;
|
| 21 | | (4) proof of adequate security measures, as determined |
| 22 | | by Department rule, to ensure the protection of the
safety |
| 23 | | of contestants and the general public while attending |
| 24 | | professional or amateur contests, or a combination of both;
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| 1 | | (5) proof of adequate medical supervision, as |
| 2 | | determined by Department rule, to ensure the protection of |
| 3 | | the health and safety of professionals' or amateurs' while |
| 4 | | participating in the contest;
|
| 5 | | (6) the names of the professionals or amateurs |
| 6 | | competing subject to Department approval;
|
| 7 | | (7) proof of insurance for not less than $50,000 as |
| 8 | | further defined by rule for each professional or amateur
|
| 9 | | participating in a professional or amateur
contest, or a |
| 10 | | combination of both; insurance required under this |
| 11 | | paragraph (7) (6) shall cover (i)
hospital, medication, |
| 12 | | physician, and other such expenses as would
accrue in the |
| 13 | | treatment of an injury as a result of the professional or |
| 14 | | amateur contest; (ii) payment to the estate of the |
| 15 | | professional or amateur in the event of
his or her death as |
| 16 | | a result
of his or her participation in the professional or |
| 17 | | amateur contest; and (iii) accidental death and |
| 18 | | dismemberment; the terms of the insurance coverage must not |
| 19 | | require the contestant to pay a deductible. The promoter |
| 20 | | may not carry an insurance policy with a deductible in an |
| 21 | | amount greater than $500 for the medical, surgical, or |
| 22 | | hospital care for injuries a contestant sustains while |
| 23 | | engaged in a contest, and if a licensed or registered |
| 24 | | contestant pays for the medical, surgical, or hospital |
| 25 | | care, the insurance proceeds must be paid to the contestant |
| 26 | | or his or her beneficiaries as reimbursement for such |
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| 1 | | payment;
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| 2 | | (8) the amount of the purses to be paid to the |
| 3 | | professionals for the event; the Department shall adopt |
| 4 | | rules for payment of the purses;
|
| 5 | | (9) organizational or internationally accepted rules, |
| 6 | | per discipline, for professional or amateur full-contact |
| 7 | | martial arts contests where the Department does not provide |
| 8 | | the rules; |
| 9 | | (10) proof of contract indicating the requisite |
| 10 | | registration and sanctioning by a Department approved |
| 11 | | sanctioning body for any full-contact martial arts contest |
| 12 | | with scheduled amateur bouts; and |
| 13 | | (11) any other information that the Department may |
| 14 | | require to determine whether a permit shall be issued. |
| 15 | | (b)
The Department may issue a permit to any promoter who |
| 16 | | meets the requirements of
this Act
and the rules. The permit |
| 17 | | shall only be issued for a specific date and location
of a |
| 18 | | professional or amateur contest, or a combination of both, and
|
| 19 | | shall not be transferable. The
Department may allow a promoter |
| 20 | | to amend a permit
application to hold a professional or amateur |
| 21 | | contest, or a combination of both, in a different
location |
| 22 | | other than the
application specifies and may allow the promoter |
| 23 | | to substitute professionals or amateurs, respectively.
|
| 24 | | (c) The Department shall be responsible for assigning the |
| 25 | | judges,
timekeepers, referees, and physicians, for a |
| 26 | | professional contest. Compensation shall be determined by the |
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| 1 | | Department, and it
shall be the responsibility of the promoter |
| 2 | | to pay the
individuals utilized.
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| 3 | | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; |
| 4 | | revised 11-14-13.)
|
| 5 | | Section 440. The Sex Offender Evaluation and Treatment |
| 6 | | Provider Act is amended by changing Sections 20 and 75 as |
| 7 | | follows:
|
| 8 | | (225 ILCS 109/20)
|
| 9 | | Sec. 20. Sex Offender Evaluation and Treatment Provider |
| 10 | | Licensing and Disciplinary Board.
|
| 11 | | (a) There is established within the Department the Sex |
| 12 | | Offender Evaluation and Treatment Licensing and Disciplinary |
| 13 | | Board to be appointed by the Secretary. The Board shall be |
| 14 | | composed of 8 persons who shall serve in an advisory capacity |
| 15 | | to the Secretary. The Board shall elect a chairperson and a |
| 16 | | vice chairperson. |
| 17 | | (b) In appointing members of the Board, the Secretary shall |
| 18 | | give due consideration to recommendations by members of the |
| 19 | | profession of sex offender evaluation and treatment. |
| 20 | | (c) Three members of the Board shall be sex offender |
| 21 | | evaluation or treatment providers, or both, who have been in |
| 22 | | active practice for at least 5 years immediately preceding |
| 23 | | their appointment. The appointees shall be licensed under this |
| 24 | | Act. |
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| 1 | | (d) One member shall represent the Department of |
| 2 | | Corrections. |
| 3 | | (e) One member shall represent the Department of Human |
| 4 | | Services. |
| 5 | | (f) One member shall represent the Administrative Office of |
| 6 | | the Illinois Courts representing the interests of probation |
| 7 | | services. |
| 8 | | (g) One member shall represent the Sex Offender Management |
| 9 | | Board. |
| 10 | | (h) One member shall be representative of the general |
| 11 | | public who has no direct affiliation or work experience with |
| 12 | | the practice of sex offender evaluation and treatment and who |
| 13 | | clearly represents represent consumer interests. |
| 14 | | (i) Board members shall be appointed for a term of 4 years, |
| 15 | | except that any person chosen to fill a vacancy shall be |
| 16 | | appointed only for the unexpired term of the Board member whom |
| 17 | | he or she shall succeed. Upon the expiration of his or her term |
| 18 | | of office, a Board member shall continue to serve until a |
| 19 | | successor is appointed and qualified. No member shall be |
| 20 | | reappointed to the Board for a term that would cause continuous |
| 21 | | service on the Board to be longer than 8 years. |
| 22 | | (j) The membership of the Board shall reasonably reflect |
| 23 | | representation from the various geographic areas of the State. |
| 24 | | (k) A member of the Board shall be immune from suit in any |
| 25 | | action based upon any disciplinary proceedings or other |
| 26 | | activities performed in good faith as a member of the Board. |
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| 1 | | (l) The Secretary may remove a member of the Board for any |
| 2 | | cause that, in the opinion of the Secretary, reasonably |
| 3 | | justifies termination. |
| 4 | | (m) The Secretary may consider the recommendations of the |
| 5 | | Board on questions of standards of professional conduct, |
| 6 | | discipline, and qualification of candidates or licensees under |
| 7 | | this Act. |
| 8 | | (n) The members of the Board shall be reimbursed for all |
| 9 | | legitimate, necessary, and authorized expenses. |
| 10 | | (o) A majority of the Board members currently appointed |
| 11 | | shall constitute a quorum. A vacancy in the membership of the |
| 12 | | Board shall not impair the right of a quorum to exercise all |
| 13 | | the rights and perform all the duties of the Board.
|
| 14 | | (Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
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| 15 | | (225 ILCS 109/75)
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| 16 | | Sec. 75. Refusal, revocation, or suspension.
|
| 17 | | (a) The Department may refuse to issue or renew, or may |
| 18 | | revoke, suspend, place on probation, reprimand, or take other |
| 19 | | disciplinary or nondisciplinary action, as the Department |
| 20 | | considers appropriate, including the imposition of fines not to |
| 21 | | exceed $10,000 for each violation, with regard to any license |
| 22 | | or licensee for any one or more of the following:
|
| 23 | | (1) violations of this Act or of the rules adopted |
| 24 | | under this Act; |
| 25 | | (2) discipline by the Department under other state law |
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| 1 | | and rules which the licensee is subject to; |
| 2 | | (3) conviction by plea of guilty or nolo contendere, |
| 3 | | finding of guilt, jury verdict, or entry of judgment or by |
| 4 | | sentencing for any crime, including, but not limited to, |
| 5 | | convictions, preceding sentences of supervision, |
| 6 | | conditional discharge, or first offender probation, under |
| 7 | | the laws of any jurisdiction of the United States: (i) that |
| 8 | | is a felony; or (ii) that is a misdemeanor, an essential |
| 9 | | element of which is dishonesty, or that is directly related |
| 10 | | to the practice of the profession; |
| 11 | | (4) professional incompetence; |
| 12 | | (5) advertising in a false, deceptive, or misleading |
| 13 | | manner; |
| 14 | | (6) aiding, abetting, assisting, procuring, advising, |
| 15 | | employing, or contracting with any unlicensed person to |
| 16 | | provide sex offender evaluation or treatment services |
| 17 | | contrary to any rules or provisions of this Act; |
| 18 | | (7) engaging in immoral conduct in the commission of |
| 19 | | any act, such as sexual abuse, sexual misconduct, or sexual |
| 20 | | exploitation, related to the licensee's practice; |
| 21 | | (8) engaging in dishonorable, unethical, or |
| 22 | | unprofessional conduct of a character likely to deceive, |
| 23 | | defraud, or harm the public; |
| 24 | | (9) practicing or offering to practice beyond the scope |
| 25 | | permitted by law or accepting and performing professional |
| 26 | | responsibilities which the licensee knows or has reason to |
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| 1 | | know that he or she is not competent to perform; |
| 2 | | (10) knowingly delegating professional |
| 3 | | responsibilities to a person unqualified by training, |
| 4 | | experience, or licensure to perform; |
| 5 | | (11) failing to provide information in response to a |
| 6 | | written request made by the Department within 60 days; |
| 7 | | (12) having a habitual or excessive use of or addiction |
| 8 | | to alcohol, narcotics, stimulants, or any other chemical |
| 9 | | agent or drug which results in the inability to practice |
| 10 | | with reasonable judgment, skill, or safety; |
| 11 | | (13) having a pattern of practice or other behavior |
| 12 | | that demonstrates incapacity or incompetence to practice |
| 13 | | under this Act; |
| 14 | | (14) discipline by another state, District of |
| 15 | | Columbia, territory, or foreign nation, if at least one of |
| 16 | | the grounds for the discipline is the same or substantially |
| 17 | | equivalent to those set forth in this Section; |
| 18 | | (15) a finding by the Department that the licensee, |
| 19 | | after having his or her license placed on probationary |
| 20 | | status, has violated the terms of probation; |
| 21 | | (16) willfully making or filing false records or |
| 22 | | reports in his or her practice, including, but not limited |
| 23 | | to, false records filed with State agencies or departments; |
| 24 | | (17) making a material misstatement in furnishing |
| 25 | | information to the Department or otherwise making |
| 26 | | misleading, deceptive, untrue, or fraudulent |
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| 1 | | representations in violation of this Act or otherwise in |
| 2 | | the practice of the profession; |
| 3 | | (18) fraud or misrepresentation in applying for or |
| 4 | | procuring a license under this Act or in connection with |
| 5 | | applying for renewal of a license under this Act; |
| 6 | | (19) inability to practice the profession with |
| 7 | | reasonable judgment, skill, or safety as a result of |
| 8 | | physical illness, including, but not limited to, |
| 9 | | deterioration through the aging process, loss of motor |
| 10 | | skill, or a mental illness or disability; |
| 11 | | (20) charging for professional services not rendered, |
| 12 | | including filing false statements for the collection of |
| 13 | | fees for which services are not rendered; or |
| 14 | | (21) practicing under a false or, except as provided by |
| 15 | | law, an assumed name. |
| 16 | | All fines shall be paid within 60 days of the effective |
| 17 | | date of the order imposing the fine.
|
| 18 | | (b) The Department may refuse to issue or may suspend the |
| 19 | | license of any person who fails to file a tax return, to pay |
| 20 | | the tax, penalty, or interest shown in a filed tax return, or |
| 21 | | to pay any final assessment of tax, penalty, or interest, as |
| 22 | | required by any tax Act administered by the Illinois Department |
| 23 | | of Revenue, until such time as the requirements of the tax Act |
| 24 | | are satisfied in accordance with subsection (g) of Section |
| 25 | | 2105-15 of the Civil Administrative Code of Illinois. |
| 26 | | (c) The Department shall deny a license or renewal |
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| 1 | | authorized by this Act to a person who has defaulted on an |
| 2 | | educational loan or scholarship provided or guaranteed by the |
| 3 | | Illinois Student Assistance Commission or any governmental |
| 4 | | agency of this State in accordance with item (5) of subsection |
| 5 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 6 | | Illinois. |
| 7 | | (d) In cases where the Department of Healthcare and Family |
| 8 | | Services has previously determined that a licensee or a |
| 9 | | potential licensee is more than 30 days delinquent in the |
| 10 | | payment of child support and has subsequently certified the |
| 11 | | delinquency to the Department, the Department may refuse to |
| 12 | | issue or renew or may revoke or suspend that person's license |
| 13 | | or may take other disciplinary action against that person based |
| 14 | | solely upon the certification of delinquency made by the |
| 15 | | Department of Healthcare and Family Services in accordance with |
| 16 | | item (5) of subsection (a) (g) of Section 2105-15 of the Civil |
| 17 | | Administrative Code of Illinois. |
| 18 | | (e) The determination by a circuit court that a licensee is |
| 19 | | subject to involuntary admission or judicial admission, as |
| 20 | | provided in the Mental Health and Developmental Disabilities |
| 21 | | Code, operates as an automatic suspension. The suspension will |
| 22 | | end only upon a finding by a court that the patient is no |
| 23 | | longer subject to involuntary admission or judicial admission |
| 24 | | and the issuance of a court order so finding and discharging |
| 25 | | the patient. |
| 26 | | (f) In enforcing this Act, the Department or Board, upon a |
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| 1 | | showing of a possible violation, may compel an individual |
| 2 | | licensed to practice under this Act, or who has applied for |
| 3 | | licensure under this Act, to submit to a mental or physical |
| 4 | | examination, or both, as required by and at the expense of the |
| 5 | | Department. The Department or Board may order the examining |
| 6 | | physician to present testimony concerning the mental or |
| 7 | | physical examination of the licensee or applicant. No |
| 8 | | information shall be excluded by reason of any common law or |
| 9 | | statutory privilege relating to communications between the |
| 10 | | licensee or applicant and the examining physician. The |
| 11 | | examining physician shall be specifically designated by the |
| 12 | | Board or Department. The individual to be examined may have, at |
| 13 | | his or her own expense, another physician of his or her choice |
| 14 | | present during all aspects of this examination. The examination |
| 15 | | shall be performed by a physician licensed to practice medicine |
| 16 | | in all its branches. Failure of an individual to submit to a |
| 17 | | mental or physical examination, when directed, shall result in |
| 18 | | an automatic suspension without hearing.
|
| 19 | | A person holding a license under this Act or who has |
| 20 | | applied for a license under this Act who, because of a physical |
| 21 | | or mental illness or disability, including, but not limited to, |
| 22 | | deterioration through the aging process or loss of motor skill, |
| 23 | | is unable to practice the profession with reasonable judgment, |
| 24 | | skill, or safety, may be required by the Department to submit |
| 25 | | to care, counseling, or treatment by physicians approved or |
| 26 | | designated by the Department as a condition, term, or |
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| 1 | | restriction for continued, reinstated, or renewed licensure to |
| 2 | | practice. Submission to care, counseling, or treatment as |
| 3 | | required by the Department shall not be considered discipline |
| 4 | | of a license. If the licensee refuses to enter into a care, |
| 5 | | counseling, or treatment agreement or fails to abide by the |
| 6 | | terms of the agreement, the Department may file a complaint to |
| 7 | | revoke, suspend, or otherwise discipline the license of the |
| 8 | | individual. The Secretary may order the license suspended |
| 9 | | immediately, pending a hearing by the Department. Fines shall |
| 10 | | not be assessed in disciplinary actions involving physical or |
| 11 | | mental illness or impairment. |
| 12 | | In instances in which the Secretary immediately suspends a |
| 13 | | person's license under this Section, a hearing on that person's |
| 14 | | license must be convened by the Department within 15 days after |
| 15 | | the suspension and completed without appreciable delay. The |
| 16 | | Department and Board shall have the authority to review the |
| 17 | | subject individual's record of treatment and counseling |
| 18 | | regarding the impairment to the extent permitted by applicable |
| 19 | | federal statutes and regulations safeguarding the |
| 20 | | confidentiality of medical records. |
| 21 | | An individual licensed under this Act and subject to action |
| 22 | | under this Section shall be afforded an opportunity to |
| 23 | | demonstrate to the Department or Board that he or she can |
| 24 | | resume practice in compliance with acceptable and prevailing |
| 25 | | standards under the provisions of his or her license.
|
| 26 | | (Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
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| 1 | | Section 445. The Perfusionist Practice Act is amended by |
| 2 | | changing Section 105 as follows:
|
| 3 | | (225 ILCS 125/105)
|
| 4 | | (Section scheduled to be repealed on January 1, 2020)
|
| 5 | | Sec. 105. Disciplinary actions.
|
| 6 | | (a) The Department may refuse to issue, renew, or restore a
|
| 7 | | license, or may revoke or suspend a license, or may place on
|
| 8 | | probation, reprimand, or take other disciplinary or |
| 9 | | non-disciplinary
action with regard to a person licensed under |
| 10 | | this Act,
including but not limited to the imposition of fines |
| 11 | | not to
exceed $10,000 for each violation, for one or any |
| 12 | | combination
of the following causes:
|
| 13 | | (1) Making a material misstatement in furnishing
|
| 14 | | information to the Department.
|
| 15 | | (2) Violation of this Act or any rule promulgated under |
| 16 | | this Act.
|
| 17 | | (3) Conviction of, or entry of a plea of guilty or nolo |
| 18 | | contendere to, any crime that is a felony under the laws of |
| 19 | | the United States or any state or territory thereof, or any |
| 20 | | crime
that is a
misdemeanor of which an essential element |
| 21 | | is dishonesty,
or any crime that is directly related to the |
| 22 | | practice as
a perfusionist.
|
| 23 | | (4) Making a misrepresentation for the purpose of
|
| 24 | | obtaining, renewing, or restoring a license.
|
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| 1 | | (5) Aiding or assisting another person in
violating a |
| 2 | | provision of this Act or its rules.
|
| 3 | | (6) Failing to provide information within 60 days
in |
| 4 | | response to a written request made by the Department.
|
| 5 | | (7) Engaging in dishonorable, unethical, or
|
| 6 | | unprofessional conduct of a character likely to deceive,
|
| 7 | | defraud, or harm the public, as defined by rule of the
|
| 8 | | Department.
|
| 9 | | (8) Discipline by another state, the District of |
| 10 | | Columbia, or territory, or a foreign nation, if at least |
| 11 | | one of the
grounds for discipline is the same or |
| 12 | | substantially
equivalent to those set forth in this |
| 13 | | Section.
|
| 14 | | (9) Directly or indirectly giving to or receiving
from |
| 15 | | a person, firm, corporation, partnership, or
association a |
| 16 | | fee, commission, rebate, or other form of
compensation for |
| 17 | | professional services not actually or
personally rendered. |
| 18 | | Nothing in this paragraph (9) affects any bona fide |
| 19 | | independent contractor or employment arrangements among |
| 20 | | health care professionals, health facilities, health care |
| 21 | | providers, or other entities, except as otherwise |
| 22 | | prohibited by law. Any employment arrangements may include |
| 23 | | provisions for compensation, health insurance, pension, or |
| 24 | | other employment benefits for the provision of services |
| 25 | | within the scope of the licensee's practice under this Act. |
| 26 | | Nothing in this paragraph (9) shall be construed to require |
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| 1 | | an employment arrangement to receive professional fees for |
| 2 | | services rendered.
|
| 3 | | (10) A finding by the Board that the licensee, after
|
| 4 | | having his or her license placed on probationary status,
|
| 5 | | has violated the terms of probation.
|
| 6 | | (11) Wilfully making or filing false records or
reports |
| 7 | | in his or her practice, including but not limited
to false |
| 8 | | records or reports filed with State agencies or |
| 9 | | departments.
|
| 10 | | (12) Wilfully making or signing a false statement,
|
| 11 | | certificate, or affidavit to induce payment.
|
| 12 | | (13) Wilfully failing to report an instance of
|
| 13 | | suspected child abuse or neglect as required under the
|
| 14 | | Abused and Neglected Child Reporting Act.
|
| 15 | | (14) Being named as a perpetrator in an indicated
|
| 16 | | report by the Department of Children and Family Services
|
| 17 | | under the Abused and Neglected Child Reporting Act and
upon |
| 18 | | proof by clear and convincing evidence that the
licensee |
| 19 | | has caused a child to be an abused child or
neglected child |
| 20 | | as defined in the Abused and Neglected
Child Reporting Act.
|
| 21 | | (15) Employment of fraud, deception, or any
unlawful |
| 22 | | means in applying for or securing a license as a
|
| 23 | | perfusionist.
|
| 24 | | (16) Allowing another person to use his or her
license |
| 25 | | to practice.
|
| 26 | | (17) Failure to report to the Department (A) any
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| 1 | | adverse final action taken against the licensee by
another |
| 2 | | licensing jurisdiction,
government agency, law enforcement |
| 3 | | agency, or
any court or (B) liability for conduct that |
| 4 | | would
constitute grounds for action as set forth in this
|
| 5 | | Section.
|
| 6 | | (18) Inability to practice the profession with |
| 7 | | reasonable judgment, skill or safety as a result of a |
| 8 | | physical illness, including but not limited to |
| 9 | | deterioration through the aging process or loss of motor |
| 10 | | skill, or a mental illness or disability.
|
| 11 | | (19) Inability to practice the
profession for which he |
| 12 | | or she is licensed with
reasonable judgment, skill, or |
| 13 | | safety as a result of habitual or excessive use or |
| 14 | | addiction to alcohol, narcotics, stimulants, or any other |
| 15 | | chemical agent or drug.
|
| 16 | | (20) Gross malpractice.
|
| 17 | | (21) Immoral conduct in the commission of an act |
| 18 | | related to the licensee's
practice, including but not |
| 19 | | limited to sexual abuse, sexual misconduct,
or sexual |
| 20 | | exploitation.
|
| 21 | | (22) Violation of
the Health Care Worker Self-Referral |
| 22 | | Act.
|
| 23 | | (23) Solicitation of business or professional |
| 24 | | services, other than permitted advertising. |
| 25 | | (24) Conviction of or cash compromise of a charge or |
| 26 | | violation of the Illinois Controlled Substances Act. |
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| 1 | | (25) Gross, willful, or continued overcharging for |
| 2 | | professional services, including filing false statements |
| 3 | | for collection of fees for which services are not rendered. |
| 4 | | (26) Practicing under a false name or, except as |
| 5 | | allowed by law, an assumed name. |
| 6 | | (27) Violating any provision of this Act or the rules |
| 7 | | promulgated under this Act, including, but not limited to, |
| 8 | | advertising. |
| 9 | | (b) A licensee or applicant who, because of a physical or |
| 10 | | mental illness or disability, including, but not limited to, |
| 11 | | deterioration through the aging process or loss of motor skill, |
| 12 | | is unable to practice the profession with reasonable judgment, |
| 13 | | skill, or safety, may be required by the Department to submit |
| 14 | | to care, counseling or treatment by physicians approved or |
| 15 | | designated by the Department, as a condition, term, or |
| 16 | | restriction for continued, reinstated, or renewed licensure to |
| 17 | | practice. Submission to care, counseling or treatment as |
| 18 | | required by the Department shall not be considered discipline |
| 19 | | of the licensee. If the licensee refuses to enter into a care, |
| 20 | | counseling or treatment agreement or fails to abide by the |
| 21 | | terms of the agreement the Department may file a complaint to |
| 22 | | suspend or revoke the license or otherwise discipline the |
| 23 | | licensee. The Secretary may order the license suspended |
| 24 | | immediately, pending a hearing by the Department. Fines shall |
| 25 | | not be assessed in the disciplinary actions involving physical |
| 26 | | or mental illness or impairment.
|
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| 1 | | (b-5) The Department may refuse to issue or may suspend, |
| 2 | | without a hearing as provided for in the Civil Administrative |
| 3 | | Code of Illinois, the license of a person who fails to file a |
| 4 | | return, to pay the tax, penalty, or interest shown in a filed |
| 5 | | return, or to pay any final assessment of tax, penalty, or |
| 6 | | interest as required by any tax Act administered by the |
| 7 | | Department of Revenue, until such time as the requirements of |
| 8 | | the tax Act are satisfied in accordance with subsection (g) of |
| 9 | | Section 2105-15 15 of the Department of Professional Regulation |
| 10 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 11 | | 2105/2105-15). |
| 12 | | (c) The determination by a circuit court that a licensee is |
| 13 | | subject to involuntary admission or judicial admission as |
| 14 | | provided in the Mental Health and Developmental Disabilities |
| 15 | | Code, as amended, operates as an automatic suspension. The |
| 16 | | suspension will end only upon a finding by a court that the |
| 17 | | licensee is no longer subject to the involuntary admission or |
| 18 | | judicial admission and issues an order so finding and |
| 19 | | discharging the licensee; and upon the recommendation of the |
| 20 | | Board to the Secretary that the licensee be allowed to resume |
| 21 | | his or her practice. |
| 22 | | (d) In enforcing this Section, the Department or Board, |
| 23 | | upon a showing of a possible violation, may order a licensee or |
| 24 | | applicant to submit to a mental or physical examination, or |
| 25 | | both, at the expense of the Department. The Department or Board |
| 26 | | may order the examining physician to present testimony |
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| 1 | | concerning his or her examination of the licensee or applicant. |
| 2 | | No information shall be excluded by reason of any common law or |
| 3 | | statutory privilege relating to communications between the |
| 4 | | licensee or applicant and the examining physician. The |
| 5 | | examining physicians shall be specifically designated by the |
| 6 | | Board or Department. The licensee or applicant may have, at his |
| 7 | | or her own expense, another physician of his or her choice |
| 8 | | present during all aspects of the examination. Failure of a |
| 9 | | licensee or applicant to submit to any such examination when |
| 10 | | directed, without reasonable cause as defined by rule, shall be |
| 11 | | grounds for either the immediate suspension of his or her |
| 12 | | license or immediate denial of his or her application. |
| 13 | | If the Secretary immediately suspends the license of a |
| 14 | | licensee for his or her failure to submit to a mental or |
| 15 | | physical examination when directed, a hearing must be convened |
| 16 | | by the Department within 15 days after the suspension and |
| 17 | | completed without appreciable delay. |
| 18 | | If the Secretary otherwise suspends a license pursuant to |
| 19 | | the results of the licensee's mental or physical examination, a |
| 20 | | hearing must be convened by the Department within 15 days after |
| 21 | | the suspension and completed without appreciable delay. The |
| 22 | | Department and Board shall have the authority to review the |
| 23 | | licensee's record of treatment and counseling regarding the |
| 24 | | relevant impairment or impairments to the extent permitted by |
| 25 | | applicable federal statutes and regulations safeguarding the |
| 26 | | confidentiality of medical records. |
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| 1 | | Any licensee suspended or otherwise affected under this |
| 2 | | subsection (d) shall be afforded an opportunity to demonstrate |
| 3 | | to the Department or Board that he or she can resume practice |
| 4 | | in compliance with the acceptable and prevailing standards |
| 5 | | under the provisions of his or her license.
|
| 6 | | (Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10; |
| 7 | | revised 11-14-13.)
|
| 8 | | Section 450. The Registered Surgical Assistant and |
| 9 | | Registered Surgical
Technologist Title Protection Act is |
| 10 | | amended by changing Section 10 as follows:
|
| 11 | | (225 ILCS 130/10)
|
| 12 | | (Section scheduled to be repealed on January 1, 2024)
|
| 13 | | Sec. 10. Definitions. As used in this Act:
|
| 14 | | "Address of record" means the designated address recorded |
| 15 | | by the Department in the applicant's or registrant's |
| 16 | | application file or registration file as maintained by the |
| 17 | | Department's licensure maintenance unit. It is the duty of the |
| 18 | | applicant or registrant to inform the Department of any change |
| 19 | | of address and those changes must be made either through the |
| 20 | | Department's website or by contacting the Department. |
| 21 | | "Department" means the Department of Financial and |
| 22 | | Professional Regulation.
|
| 23 | | "Direct supervision" means supervision by a licensed |
| 24 | | physician, licensed
podiatric physician, or licensed dentist |
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| 1 | | who is
physically present and who personally directs delegated |
| 2 | | acts and remains
available to personally respond to an |
| 3 | | emergency until the patient
is released from the operating |
| 4 | | room.
A registered professional nurse may
also
provide direct |
| 5 | | supervision within the scope of his or her license. A
|
| 6 | | registered surgical assistant or registered surgical |
| 7 | | technologist shall perform
duties as assigned.
|
| 8 | | "Physician" means a person licensed to practice
medicine in |
| 9 | | all of
its branches under the Medical Practice Act of 1987.
|
| 10 | | "Registered surgical assistant" means a person who (i) is |
| 11 | | not
licensed to
practice
medicine in all of its branches, (ii) |
| 12 | | is certified by the National Surgical
Assistant
Association as |
| 13 | | a Certified Surgical Assistant, the National Board of Surgical |
| 14 | | Technology and Surgical Assisting as a Certified Surgical First |
| 15 | | Assistant, or
the American Board of Surgical Assistants as a |
| 16 | | Surgical Assistant-Certified, (iii) performs duties under |
| 17 | | direct
supervision, (iv) provides services only in a licensed |
| 18 | | hospital, ambulatory
treatment center, or office of a physician |
| 19 | | licensed to practice medicine in all
its branches, and (v) is |
| 20 | | registered
under this Act.
|
| 21 | | "Registered surgical technologist" means a person who (i) |
| 22 | | is not
a physician licensed to
practice
medicine in all of its |
| 23 | | branches, (ii) is certified by the National Board for Surgical |
| 24 | | Technology and Surgical Assisting,
(iii) performs duties under |
| 25 | | direct supervision, (iv) provides services only in
a licensed |
| 26 | | hospital, ambulatory treatment center, or office of a physician
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| 1 | | licensed to practice medicine in all its branches, and (v) is |
| 2 | | registered
under this Act.
|
| 3 | | "Secretary" means the Secretary of Financial and |
| 4 | | Professional Regulation. |
| 5 | | (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; |
| 6 | | revised 9-24-13.)
|
| 7 | | Section 455. The Illinois Architecture Practice Act of 1989 |
| 8 | | is amended by changing Section 22 as follows:
|
| 9 | | (225 ILCS 305/22) (from Ch. 111, par. 1322)
|
| 10 | | (Section scheduled to be repealed on January 1, 2020)
|
| 11 | | Sec. 22. Refusal, suspension and revocation of licenses; |
| 12 | | Causes.
|
| 13 | | (a) The Department may, singularly or in combination, |
| 14 | | refuse to issue,
renew or restore, or may suspend,
revoke, |
| 15 | | place on probation, or take other disciplinary or |
| 16 | | non-disciplinary action as deemed appropriate, including, but |
| 17 | | not limited to, the imposition of fines not to exceed $10,000 |
| 18 | | for each violation, as the Department may deem proper, with |
| 19 | | regard to a license for any one or combination of the following |
| 20 | | causes:
|
| 21 | | (1) material misstatement in furnishing information to |
| 22 | | the Department;
|
| 23 | | (2) negligence, incompetence or misconduct in the |
| 24 | | practice of
architecture;
|
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| 1 | | (3) failure to comply with any of the provisions of |
| 2 | | this Act or any of the
rules;
|
| 3 | | (4) making any misrepresentation for the purpose of |
| 4 | | obtaining licensure;
|
| 5 | | (5) purposefully making false statements or signing |
| 6 | | false statements,
certificates or affidavits to induce |
| 7 | | payment;
|
| 8 | | (6) conviction of or plea of guilty or nolo contendere |
| 9 | | to any crime that is a felony under the laws of the United |
| 10 | | States or any
state or territory thereof or that is a
|
| 11 | | misdemeanor, an essential element of which is
dishonesty, |
| 12 | | or any crime that is directly
related to the practice of |
| 13 | | the profession of architecture;
|
| 14 | | (7) aiding or assisting another person in violating any |
| 15 | | provision of
this Act or its rules;
|
| 16 | | (8) signing, affixing the architect's seal or |
| 17 | | permitting the
architect's seal to be affixed to any |
| 18 | | technical submission not prepared
by the architect or under |
| 19 | | that architect's responsible control;
|
| 20 | | (9) engaging in dishonorable, unethical or |
| 21 | | unprofessional conduct of a
character likely to deceive, |
| 22 | | defraud or harm the public;
|
| 23 | | (10) habitual or excessive use or addiction to alcohol, |
| 24 | | narcotics, stimulants, or any other chemical agent or drug |
| 25 | | that results in the inability to practice with reasonable |
| 26 | | judgment, skill, or safety;
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| 1 | | (11) making a statement of compliance pursuant to the |
| 2 | | Environmental
Barriers Act that technical submissions |
| 3 | | prepared by the architect or
prepared under the architect's |
| 4 | | responsible control for
construction or alteration of an |
| 5 | | occupancy required to be in compliance with
the |
| 6 | | Environmental Barriers Act are in compliance with the |
| 7 | | Environmental
Barriers Act when such technical submissions |
| 8 | | are not in compliance;
|
| 9 | | (12) a finding by the Board that an applicant or |
| 10 | | registrant
has failed to pay a fine imposed by the |
| 11 | | Department or a
registrant, whose license has been
placed |
| 12 | | on probationary status, has violated the terms of |
| 13 | | probation;
|
| 14 | | (13) discipline by another state, territory, foreign |
| 15 | | country, the
District of Columbia, the United States |
| 16 | | government, or any other
governmental agency, if at least |
| 17 | | one of the grounds for discipline is the
same or |
| 18 | | substantially equivalent to those set forth herein;
|
| 19 | | (14) failure to provide information in response to a |
| 20 | | written request
made by the Department within 30 days after |
| 21 | | the receipt of such written
request;
|
| 22 | | (15) physical illness, including, but not limited to, |
| 23 | | deterioration
through the aging process or loss of motor |
| 24 | | skill, mental illness, or disability which results in the
|
| 25 | | inability to practice the profession with reasonable |
| 26 | | judgment, skill, and safety, including without limitation |
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| 1 | | deterioration through the aging process, mental illness, |
| 2 | | or disability.
|
| 3 | | (a-5) In enforcing this Section, the Department or Board, |
| 4 | | upon a showing of a possible violation, may order a licensee or |
| 5 | | applicant to submit to a mental or physical examination, or |
| 6 | | both, at the expense of the Department. The Department or Board |
| 7 | | may order the examining physician to present testimony |
| 8 | | concerning his or her examination of the licensee or applicant. |
| 9 | | No information shall be excluded by reason of any common law or |
| 10 | | statutory privilege relating to communications between the |
| 11 | | licensee or applicant and the examining physician. The |
| 12 | | examining physicians shall be specifically designated by the |
| 13 | | Board or Department. The licensee or applicant may have, at his |
| 14 | | or her own expense, another physician of his or her choice |
| 15 | | present during all aspects of the examination. Failure of a |
| 16 | | licensee or applicant to submit to any such examination when |
| 17 | | directed, without reasonable cause as defined by rule, shall be |
| 18 | | grounds for either the immediate suspension of his or her |
| 19 | | license or immediate denial of his or her application. |
| 20 | | If the Secretary immediately suspends the license of a |
| 21 | | licensee for his or her failure to submit to a mental or |
| 22 | | physical examination when directed, a hearing must be convened |
| 23 | | by the Department within 15 days after the suspension and |
| 24 | | completed without appreciable delay. |
| 25 | | If the Secretary otherwise suspends a license pursuant to |
| 26 | | the results of the licensee's mental or physical examination, a |
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| 1 | | hearing must be convened by the Department within 15 days after |
| 2 | | the suspension and completed without appreciable delay. The |
| 3 | | Department and Board shall have the authority to review the |
| 4 | | licensee's record of treatment and counseling regarding the |
| 5 | | relevant impairment or impairments to the extent permitted by |
| 6 | | applicable federal statutes and regulations safeguarding the |
| 7 | | confidentiality of medical records. |
| 8 | | Any licensee suspended under this subsection (a-5) shall be |
| 9 | | afforded an opportunity to demonstrate to the Department or |
| 10 | | Board that he or she can resume practice in compliance with the |
| 11 | | acceptable and prevailing standards under the provisions of his |
| 12 | | or her license.
|
| 13 | | (b) The determination by a circuit court that a licensee is |
| 14 | | subject to
involuntary admission or judicial admission, as |
| 15 | | provided in the Mental
Health and Developmental Disabilities |
| 16 | | Code, operates as an automatic
suspension. Such suspension will |
| 17 | | end only upon a finding by a court that
the patient is no |
| 18 | | longer subject to involuntary admission or judicial
admission, |
| 19 | | the issuance of an order so finding and discharging the |
| 20 | | patient, and
the recommendation of the Board to the Secretary |
| 21 | | that the licensee be
allowed to resume practice.
|
| 22 | | (c) The Department shall deny a license or renewal |
| 23 | | authorized by this Act to a person who has defaulted on an |
| 24 | | educational loan or scholarship provided or guaranteed by the |
| 25 | | Illinois Student Assistance Commission or any governmental |
| 26 | | agency of this State in accordance with subdivision (a)(5) of |
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| 1 | | Section 2105-15 15 of the Department of Professional Regulation |
| 2 | | Law of the Civil Administrative Code of Illinois. |
| 3 | | (d) In cases where the Department of Healthcare and Family |
| 4 | | Services (formerly the Department of Public Aid) has previously |
| 5 | | determined that a licensee or a potential licensee is more than |
| 6 | | 30 days delinquent in the payment of child support and has |
| 7 | | subsequently certified the delinquency to the Department, the |
| 8 | | Department shall refuse to issue or renew or shall revoke or |
| 9 | | suspend that person's license or shall take other disciplinary |
| 10 | | action against that person based solely upon the certification |
| 11 | | of delinquency made by the Department of Healthcare and Family |
| 12 | | Services in accordance with subdivision (a)(5) of Section |
| 13 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 14 | | the Civil Administrative Code of Illinois. |
| 15 | | (e) The Department shall deny a license or renewal |
| 16 | | authorized by this Act to a person who has failed to file a |
| 17 | | return, to pay the tax, penalty, or interest shown in a filed |
| 18 | | return, or to pay any final assessment of tax, penalty, or |
| 19 | | interest as required by any tax Act administered by the |
| 20 | | Department of Revenue, until such time as the requirements of |
| 21 | | the tax Act are satisfied in accordance with subsection (g) of |
| 22 | | Section 2105-15 15 of the Department of Professional Regulation |
| 23 | | Law of the Civil Administrative Code of Illinois.
|
| 24 | | (f) Persons who assist the Department as consultants or |
| 25 | | expert witnesses in
the investigation or prosecution of alleged |
| 26 | | violations of the Act,
licensure matters, restoration |
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| 1 | | proceedings, or criminal prosecutions, shall
not be liable for |
| 2 | | damages in any civil action or proceeding as a result of
such |
| 3 | | assistance, except upon proof of actual malice. The attorney |
| 4 | | general
shall defend such persons in any such action or |
| 5 | | proceeding.
|
| 6 | | (Source: P.A. 96-610, eff. 8-24-09; revised 11-14-13.)
|
| 7 | | Section 460. The Professional Engineering Practice Act of |
| 8 | | 1989 is amended by changing Sections 24 and 46 as follows:
|
| 9 | | (225 ILCS 325/24) (from Ch. 111, par. 5224)
|
| 10 | | (Section scheduled to be repealed on January 1, 2020)
|
| 11 | | Sec. 24. Rules of professional conduct; disciplinary or
|
| 12 | | administrative
action. |
| 13 | | (a) The Department shall adopt rules setting standards of |
| 14 | | professional
conduct and establish appropriate penalties
|
| 15 | | penalty for the breach of such rules.
|
| 16 | | (a-1) The Department may, singularly or in combination,
|
| 17 | | refuse to issue, renew, or restore a license or may revoke,
|
| 18 | | suspend, place on probation,
reprimand,
or take other |
| 19 | | disciplinary or non-disciplinary action with regard to a person |
| 20 | | licensed under this Act, including but not limited to, the |
| 21 | | imposition of a fine
not to exceed $10,000 per violation upon |
| 22 | | any person, corporation,
partnership, or professional design |
| 23 | | firm licensed or registered under
this Act, for any one or |
| 24 | | combination of the following causes:
|
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| 1 | | (1) Material misstatement in furnishing information to |
| 2 | | the
Department.
|
| 3 | | (2) Violations of this Act or any of its
rules.
|
| 4 | | (3) Conviction of or entry of a plea of guilty or nolo |
| 5 | | contendere to any crime that is a felony under the laws of |
| 6 | | the United States or
any state or territory thereof, or |
| 7 | | that is a
misdemeanor, an essential element of which is |
| 8 | | dishonesty,
or any crime that is directly related to the |
| 9 | | practice of engineering.
|
| 10 | | (4) Making any misrepresentation for the purpose of |
| 11 | | obtaining, renewing, or restoring a license
or violating |
| 12 | | any provision of this Act or the rules promulgated under |
| 13 | | this Act pertaining to advertising.
|
| 14 | | (5) Willfully making or signing a false statement, |
| 15 | | certificate, or affidavit to induce payment.
|
| 16 | | (6) Negligence, incompetence or misconduct in the |
| 17 | | practice of professional
engineering as a licensed |
| 18 | | professional engineer or in working as an engineer
intern.
|
| 19 | | (7) Aiding or assisting another person in violating any |
| 20 | | provision of
this Act or its rules.
|
| 21 | | (8) Failing to provide information in response to a |
| 22 | | written request
made by the Department within 30 days after |
| 23 | | receipt of such written
request.
|
| 24 | | (9) Engaging in dishonorable, unethical or |
| 25 | | unprofessional conduct of a
character likely to deceive, |
| 26 | | defraud or harm the public.
|
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| 1 | | (10) Inability to practice the profession with |
| 2 | | reasonable judgment, skill, or safety as a result of a |
| 3 | | physical illness, including, but not limited to, |
| 4 | | deterioration through the aging process or loss of motor |
| 5 | | skill, or mental illness or disability.
|
| 6 | | (11) Discipline by the United States Government, |
| 7 | | another state,
District of Columbia, territory, foreign |
| 8 | | nation or government agency, if
at least one of the grounds |
| 9 | | for the discipline is the same or
substantially equivalent |
| 10 | | to those set forth in this Act.
|
| 11 | | (12) Directly or indirectly giving to or receiving from |
| 12 | | any person,
firm, corporation, partnership or association |
| 13 | | any fee, commission,
rebate or other form of compensation |
| 14 | | for any professional services not
actually or personally |
| 15 | | rendered.
|
| 16 | | (13) A finding by the Department that
an applicant or |
| 17 | | registrant has failed to pay a fine imposed
by the |
| 18 | | Department, a registrant
whose license has been
placed on |
| 19 | | probationary status has violated the terms of probation, or |
| 20 | | a
registrant has practiced on an expired, inactive, |
| 21 | | suspended, or
revoked license.
|
| 22 | | (14) Signing, affixing the professional engineer's |
| 23 | | seal or permitting
the professional engineer's seal to be |
| 24 | | affixed to any technical
submissions not prepared as |
| 25 | | required by Section 14 or completely reviewed by
the |
| 26 | | professional engineer or under the professional engineer's |
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| 1 | | direct
supervision.
|
| 2 | | (15) Inability to practice the profession with |
| 3 | | reasonable judgment, skill or
safety as a result of |
| 4 | | habitual or excessive use or addiction to alcohol, |
| 5 | | narcotics, stimulants, or any other chemical agent or drug.
|
| 6 | | (16) The making of a statement pursuant to the |
| 7 | | Environmental Barriers
Act that a plan for construction or |
| 8 | | alteration of a public facility or
for construction of a |
| 9 | | multi-story housing unit is in compliance with the
|
| 10 | | Environmental Barriers Act when such plan is not in |
| 11 | | compliance.
|
| 12 | | (17) (Blank).
|
| 13 | | (a-2) The Department shall deny a license or renewal |
| 14 | | authorized by this Act to a person who has failed to file a |
| 15 | | return, to pay the tax, penalty, or interest shown in a filed |
| 16 | | return, or to pay any final assessment of tax, penalty, or |
| 17 | | interest as required by any tax Act administered by the |
| 18 | | Department of Revenue, until such time as the requirements of |
| 19 | | the tax Act are satisfied in accordance with subsection (g) of |
| 20 | | Section 2105-15 15 of the Department of Professional Regulation |
| 21 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 22 | | 2105/2105-15). |
| 23 | | (a-3) The Department shall deny a license or renewal |
| 24 | | authorized by this Act to a person who has defaulted on an |
| 25 | | educational loan or scholarship provided or guaranteed by the |
| 26 | | Illinois Student Assistance Commission or any governmental |
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| 1 | | agency of this State in accordance with subdivision (a)(5) of |
| 2 | | Section 2105-15 15 of the Department of Professional Regulation |
| 3 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 4 | | 2105/2105-15). |
| 5 | | (a-4) In cases where the Department of Healthcare and |
| 6 | | Family Services (formerly the Department of Public Aid) has |
| 7 | | previously determined that a licensee or a potential licensee |
| 8 | | is more than 30 days delinquent in the payment of child support |
| 9 | | and has subsequently certified the delinquency to the |
| 10 | | Department, the Department shall refuse to issue or renew or |
| 11 | | shall revoke or suspend that person's license or shall take |
| 12 | | other disciplinary action against that person based solely upon |
| 13 | | the certification of delinquency made by the Department of |
| 14 | | Healthcare and Family Services in accordance with subdivision |
| 15 | | (a)(5) of Section 2105-15 15 of the Department of Professional |
| 16 | | Regulation Law of the Civil Administrative Code of Illinois (20 |
| 17 | | ILCS 2105/2105-15). |
| 18 | | (a-5) In enforcing this Section, the Department or Board, |
| 19 | | upon a showing of a possible violation, may order a licensee or |
| 20 | | applicant to submit to a mental or physical examination, or |
| 21 | | both, at the expense of the Department. The Department or Board |
| 22 | | may order the examining physician to present testimony |
| 23 | | concerning his or her examination of the licensee or applicant. |
| 24 | | No information shall be excluded by reason of any common law or |
| 25 | | statutory privilege relating to communications between the |
| 26 | | licensee or applicant and the examining physician. The |
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| 1 | | examining physicians shall be specifically designated by the |
| 2 | | Board or Department. The licensee or applicant may have, at his |
| 3 | | or her own expense, another physician of his or her choice |
| 4 | | present during all aspects of the examination. Failure of a |
| 5 | | licensee or applicant to submit to any such examination when |
| 6 | | directed, without reasonable cause as defined by rule, shall be |
| 7 | | grounds for either the immediate suspension of his or her |
| 8 | | license or immediate denial of his or her application. |
| 9 | | If the Secretary immediately suspends the license of a |
| 10 | | licensee for his or her failure to submit to a mental or |
| 11 | | physical examination when directed, a hearing must be convened |
| 12 | | by the Department within 15 days after the suspension and |
| 13 | | completed without appreciable delay. |
| 14 | | If the Secretary otherwise suspends a license pursuant to |
| 15 | | the results of the licensee's mental or physical examination, a |
| 16 | | hearing must be convened by the Department within 15 days after |
| 17 | | the suspension and completed without appreciable delay. The |
| 18 | | Department and Board shall have the authority to review the |
| 19 | | licensee's record of treatment and counseling regarding the |
| 20 | | relevant impairment or impairments to the extent permitted by |
| 21 | | applicable federal statutes and regulations safeguarding the |
| 22 | | confidentiality of medical records. |
| 23 | | Any licensee suspended under this subsection (a-5) shall be |
| 24 | | afforded an opportunity to demonstrate to the Department or |
| 25 | | Board that he or she can resume practice in compliance with the |
| 26 | | acceptable and prevailing standards under the provisions of his |
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| 1 | | or her license.
|
| 2 | | (b) The determination by a circuit court that a registrant |
| 3 | | is subject
to involuntary admission or judicial admission as |
| 4 | | provided in the Mental
Health and Developmental Disabilities |
| 5 | | Code, as now or hereafter amended,
operates as an automatic |
| 6 | | suspension. Such suspension will end only upon
a finding by a |
| 7 | | court that the patient is no longer subject to
involuntary |
| 8 | | admission or judicial admission, the issuance of an order
so |
| 9 | | finding and discharging the patient, and the recommendation of |
| 10 | | the Board to
the Director that the registrant be allowed to |
| 11 | | resume practice.
|
| 12 | | (Source: P.A. 96-626, eff. 8-24-09; revised 11-13-13.)
|
| 13 | | (225 ILCS 325/46) (from Ch. 111, par. 5246)
|
| 14 | | (Section scheduled to be repealed on January 1, 2020)
|
| 15 | | Sec. 46. Home rule. The regulation and licensing of |
| 16 | | professional
engineers is an exclusive power and function of |
| 17 | | the State. Pursuant to
subsection (h) of Section 6 of Article |
| 18 | | VII 7 of the Illinois Constitution, a
home rule unit may not |
| 19 | | regulate or license the occupation of
professional engineer. |
| 20 | | This section is a denial and limitation of home
rule powers and |
| 21 | | functions.
|
| 22 | | (Source: P.A. 86-667; revised 11-12-13.)
|
| 23 | | Section 465. The Illinois Professional Land Surveyor Act of |
| 24 | | 1989 is amended by changing Sections 27 and 47 as follows:
|
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| 1 | | (225 ILCS 330/27) (from Ch. 111, par. 3277)
|
| 2 | | (Section scheduled to be repealed on January 1, 2020)
|
| 3 | | Sec. 27. Grounds for disciplinary action.
|
| 4 | | (a) The Department may refuse to
issue or renew a license,
|
| 5 | | or may place on probation or administrative supervision, |
| 6 | | suspend, or revoke any license, or may reprimand or take any |
| 7 | | disciplinary or non-disciplinary action as the Department may |
| 8 | | deem proper, including the imposition of fines not to
exceed |
| 9 | | $10,000 per violation, upon any person, corporation, |
| 10 | | partnership, or professional land
surveying firm licensed or |
| 11 | | registered under this Act for any
of the following reasons:
|
| 12 | | (1) material misstatement in furnishing information to |
| 13 | | the Department;
|
| 14 | | (2) violation, including, but not limited to, neglect |
| 15 | | or intentional
disregard, of this Act, or its rules;
|
| 16 | | (3) conviction of, or entry of a plea of guilty or nolo |
| 17 | | contendere to, any crime that is a felony under the laws of |
| 18 | | the United States or any state or territory thereof or that |
| 19 | | is a misdemeanor of which an essential element is |
| 20 | | dishonesty, or any crime that is directly related to the |
| 21 | | practice of the profession;
|
| 22 | | (4) making any misrepresentation for the purpose of |
| 23 | | obtaining a license,
or in applying for restoration or |
| 24 | | renewal, or the practice of any fraud or
deceit in taking |
| 25 | | any examination to qualify for licensure under this Act;
|
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| 1 | | (5) purposefully making false statements or signing |
| 2 | | false statements,
certificates, or affidavits to induce |
| 3 | | payment;
|
| 4 | | (6) proof of carelessness, incompetence, negligence, |
| 5 | | or misconduct in
practicing land surveying;
|
| 6 | | (7) aiding or assisting another person in violating any |
| 7 | | provision of
this Act or its rules;
|
| 8 | | (8) failing to provide information in response to a |
| 9 | | written request made
by the Department within 30 days after |
| 10 | | receipt of such written request;
|
| 11 | | (9) engaging in dishonorable, unethical, or |
| 12 | | unprofessional conduct of a
character likely to deceive, |
| 13 | | defraud, or harm the public;
|
| 14 | | (10) inability to practice with reasonable judgment, |
| 15 | | skill, or safety as a result of habitual or excessive use |
| 16 | | of, or addiction to, alcohol, narcotics, stimulants or any |
| 17 | | other chemical agent or drug;
|
| 18 | | (11) discipline by the United States government, |
| 19 | | another state, District
of Columbia, territory, foreign |
| 20 | | nation or government agency if at least
one of the grounds |
| 21 | | for the discipline is the same or substantially
equivalent |
| 22 | | to those set forth in this Act;
|
| 23 | | (12) directly or indirectly giving to or receiving from |
| 24 | | any person,
firm, corporation, partnership, or association |
| 25 | | any fee, commission, rebate,
or other form of compensation |
| 26 | | for any professional services not actually or
personally |
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| 1 | | rendered;
|
| 2 | | (12.5) issuing a map or plat of survey where the fee |
| 3 | | for professional
services is contingent on a real estate |
| 4 | | transaction closing;
|
| 5 | | (13) a finding by the Department that an applicant or |
| 6 | | licensee has failed to
pay
a fine imposed by the Department |
| 7 | | or a licensee whose license has been
placed on probationary |
| 8 | | status has violated the terms of probation;
|
| 9 | | (14) practicing on an expired, inactive, suspended, or |
| 10 | | revoked license;
|
| 11 | | (15) signing, affixing the Professional Land |
| 12 | | Surveyor's seal or
permitting the Professional Land |
| 13 | | Surveyor's seal to be affixed to any map
or plat of survey |
| 14 | | not prepared by the Professional
Land Surveyor or under the |
| 15 | | Professional Land Surveyor's direct supervision and
|
| 16 | | control;
|
| 17 | | (16)
inability to practice the profession with |
| 18 | | reasonable judgment, skill, or
safety as a result of |
| 19 | | physical illness, including, but not limited to, |
| 20 | | deterioration through the aging process or loss of motor |
| 21 | | skill or a mental illness or disability;
|
| 22 | | (17) (blank); or
|
| 23 | | (18) failure to adequately supervise or control land |
| 24 | | surveying
operations being performed by subordinates.
|
| 25 | | (a-5) In enforcing this Section, the Department or Board, |
| 26 | | upon a showing of a possible violation, may compel a person |
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| 1 | | licensed to practice under this Act, or who has applied for |
| 2 | | licensure or certification pursuant to this Act, to submit to a |
| 3 | | mental or physical examination, or both, as required by and at |
| 4 | | the expense of the Department. The Department or Board may |
| 5 | | order the examining physician to present testimony concerning |
| 6 | | the mental or physical examination of the licensee or |
| 7 | | applicant. No information shall be excluded by reason of any |
| 8 | | common law or statutory privilege relating to communications |
| 9 | | between the licensee or applicant and the examining physician. |
| 10 | | The examining physicians shall be specifically designated by |
| 11 | | the Board or Department. The individual to be examined may |
| 12 | | have, at his or her own expense, another physician of his or |
| 13 | | her choice present during all aspects of the examination. |
| 14 | | Failure of an individual to submit to a mental or physical |
| 15 | | examination when directed shall be grounds for the immediate |
| 16 | | suspension of his or her license until the individual submits |
| 17 | | to the examination if the Department finds that the refusal to |
| 18 | | submit to the examination was without reasonable cause as |
| 19 | | defined by rule. |
| 20 | | If the Secretary immediately suspends the license of a |
| 21 | | licensee for his or her failure to submit to a mental or |
| 22 | | physical examination when directed, a hearing must be convened |
| 23 | | by the Department within 15 days after the suspension and |
| 24 | | completed without appreciable delay. |
| 25 | | If the Secretary otherwise suspends a person's license |
| 26 | | pursuant to the results of a compelled mental or physical |
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| 1 | | examination, a hearing on that person's license must be |
| 2 | | convened by the Department within 15 days after the suspension |
| 3 | | and completed without appreciable delay. The Department and |
| 4 | | Board shall have the authority to review the subject |
| 5 | | individual's record of treatment and counseling regarding |
| 6 | | impairment to the extent permitted by applicable federal |
| 7 | | statutes and regulations safeguarding the confidentiality of |
| 8 | | medical records. |
| 9 | | Any licensee suspended under this subsection (a-5) shall be |
| 10 | | afforded an opportunity to demonstrate to the Department or |
| 11 | | Board that he or she can resume practice in compliance with the |
| 12 | | acceptable and prevailing standards under the provisions of his |
| 13 | | or her license.
|
| 14 | | (b) The determination by a circuit court that a licensee is |
| 15 | | subject to
involuntary admission or judicial admission as |
| 16 | | provided in the Mental
Health and Developmental Disabilities |
| 17 | | Code, as
now or hereafter amended, operates as an automatic |
| 18 | | license suspension. Such
suspension will end only upon a |
| 19 | | finding by a court that the patient is no
longer subject to |
| 20 | | involuntary admission or judicial admission and the
issuance of |
| 21 | | an order so finding and discharging the patient and upon the
|
| 22 | | recommendation of the Board to the Director that the licensee |
| 23 | | be allowed to
resume his or her practice.
|
| 24 | | (c) The Department shall deny a license or renewal |
| 25 | | authorized by this Act to a person who has defaulted on an |
| 26 | | educational loan or scholarship provided or guaranteed by the |
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| 1 | | Illinois Student Assistance Commission or any governmental |
| 2 | | agency of this State in accordance with subdivision (a)(5) of |
| 3 | | Section 2105-15 15 of the Department of Professional Regulation |
| 4 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 5 | | 2105/2105-15). |
| 6 | | (d) In cases where the Department of Healthcare and Family |
| 7 | | Services (formerly the Department of Public Aid) has previously |
| 8 | | determined that a licensee or a potential licensee is more than |
| 9 | | 30 days delinquent in the payment of child support and has |
| 10 | | subsequently certified the delinquency to the Department, the |
| 11 | | Department shall refuse to issue or renew or shall revoke or |
| 12 | | suspend that person's license or shall take other disciplinary |
| 13 | | action against that person based solely upon the certification |
| 14 | | of delinquency made by the Department of Healthcare and Family |
| 15 | | Services in accordance with subdivision (a)(5) of Section |
| 16 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 17 | | the Civil Administrative Code of Illinois (20 ILCS |
| 18 | | 2105/2105-15). |
| 19 | | (e) The Department shall refuse to issue or renew or shall |
| 20 | | revoke or suspend a person's license or shall take other |
| 21 | | disciplinary action against that person for his or her failure |
| 22 | | to file a return, to pay the tax, penalty, or interest shown in |
| 23 | | a filed return, or to pay any final assessment of tax, penalty, |
| 24 | | or interest as required by any tax Act administered by the |
| 25 | | Department of Revenue, until such time as the requirements of |
| 26 | | the tax Act are satisfied in accordance with subsection (g) of |
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|
| 1 | | Section 2105-15 15 of the Department of Professional Regulation |
| 2 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
| 3 | | 2105/2105-15). |
| 4 | | (Source: P.A. 96-626, eff. 8-24-09; revised 11-14-13.)
|
| 5 | | (225 ILCS 330/47) (from Ch. 111, par. 3297)
|
| 6 | | (Section scheduled to be repealed on January 1, 2020)
|
| 7 | | Sec. 47. Home rule. Pursuant to subsection (h) of Section 6 |
| 8 | | of
Article VII 7 of the Illinois Constitution, a home rule unit |
| 9 | | may not regulate
the profession of land surveying in a manner |
| 10 | | more restrictive than the
regulation by the State of the |
| 11 | | profession of land surveying as provided in
this Act. This |
| 12 | | Section is a limitation on the concurrent exercise by home
rule |
| 13 | | units of powers and functions exercised by the State.
|
| 14 | | (Source: P.A. 86-987; revised 11-14-13.)
|
| 15 | | Section 470. The Structural Engineering Practice Act of |
| 16 | | 1989 is amended by changing Sections 20 and 37 as follows:
|
| 17 | | (225 ILCS 340/20) (from Ch. 111, par. 6620)
|
| 18 | | (Section scheduled to be repealed on January 1, 2020)
|
| 19 | | Sec. 20. Refusal; revocation; suspension. |
| 20 | | (a) The Department may refuse to issue or renew, or may |
| 21 | | revoke a license, or may suspend, place on probation, fine, or |
| 22 | | take any disciplinary or non-disciplinary action as the |
| 23 | | Department may deem proper, including a fine not to exceed |
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| 1 | | $10,000 for each violation, with regard to any licensee for any |
| 2 | | one or combination of the following reasons:
|
| 3 | | (1) Material misstatement in furnishing information to |
| 4 | | the Department;
|
| 5 | | (2) Negligence, incompetence or misconduct in the |
| 6 | | practice of
structural engineering;
|
| 7 | | (3) Making any misrepresentation for the purpose of |
| 8 | | obtaining licensure;
|
| 9 | | (4) The affixing of a licensed structural engineer's |
| 10 | | seal to any plans,
specifications or drawings which have |
| 11 | | not been prepared by or under the
immediate personal |
| 12 | | supervision of that licensed structural engineer or
|
| 13 | | reviewed as provided in this Act;
|
| 14 | | (5) Conviction of, or entry of a plea of guilty or nolo |
| 15 | | contendere to, any crime that is a felony under the laws of |
| 16 | | the United States or of any state or territory thereof, or |
| 17 | | that is a misdemeanor an essential element of which is |
| 18 | | dishonesty, or any crime that is directly related to the |
| 19 | | practice of the profession;
|
| 20 | | (6) Making a statement of compliance pursuant to the |
| 21 | | Environmental
Barriers Act, as now or hereafter amended, |
| 22 | | that a plan for construction or
alteration of a public |
| 23 | | facility or for construction of a multi-story
housing unit |
| 24 | | is in compliance with the Environmental Barriers Act when |
| 25 | | such
plan is not in compliance;
|
| 26 | | (7) Failure to comply with any of the provisions of |
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| 1 | | this Act or its rules;
|
| 2 | | (8) Aiding or assisting another person in violating any |
| 3 | | provision of
this Act or its rules;
|
| 4 | | (9) Engaging in dishonorable, unethical or |
| 5 | | unprofessional conduct of a
character likely to deceive, |
| 6 | | defraud or harm the public, as defined by
rule;
|
| 7 | | (10) Habitual or excessive use or addiction to alcohol, |
| 8 | | narcotics, stimulants, or any other chemical agent or drug |
| 9 | | that results in the inability to practice with reasonable |
| 10 | | judgment, skill, or safety;
|
| 11 | | (11) Failure of an applicant or licensee
to pay
a fine |
| 12 | | imposed by the Department or a licensee whose license has |
| 13 | | been
placed on probationary status has violated the terms |
| 14 | | of probation;
|
| 15 | | (12) Discipline by another state, territory, foreign |
| 16 | | country, the
District of Columbia, the United States |
| 17 | | government, or any other
governmental agency, if at least |
| 18 | | one of the grounds for discipline is the
same or |
| 19 | | substantially equivalent to those set forth in this |
| 20 | | Section;
|
| 21 | | (13) Failure to provide information in response to a |
| 22 | | written request
made by the Department within 30 days after |
| 23 | | the receipt of such written
request; or
|
| 24 | | (14) Physical illness, including but not limited to, |
| 25 | | deterioration through the aging process or loss of motor |
| 26 | | skill, mental illness, or disability which results in the |
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| 1 | | inability to practice the
profession of structural |
| 2 | | engineering with reasonable judgment, skill, or
safety.
|
| 3 | | (a-5) In enforcing this Section, the Department or Board, |
| 4 | | upon a showing of a possible violation, may order a licensee or |
| 5 | | applicant to submit to a mental or physical examination, or |
| 6 | | both, at the expense of the Department. The Department or Board |
| 7 | | may order the examining physician to present testimony |
| 8 | | concerning his or her examination of the licensee or applicant. |
| 9 | | No information shall be excluded by reason of any common law or |
| 10 | | statutory privilege relating to communications between the |
| 11 | | licensee or applicant and the examining physician. The |
| 12 | | examining physicians shall be specifically designated by the |
| 13 | | Board or Department. The licensee or applicant may have, at his |
| 14 | | or her own expense, another physician of his or her choice |
| 15 | | present during all aspects of the examination. Failure of a |
| 16 | | licensee or applicant to submit to any such examination when |
| 17 | | directed, without reasonable cause as defined by rule, shall be |
| 18 | | grounds for either the immediate suspension of his or her |
| 19 | | license or immediate denial of his or her application. |
| 20 | | If the Secretary immediately suspends the license of a |
| 21 | | licensee for his or her failure to submit to a mental or |
| 22 | | physical examination when directed, a hearing must be convened |
| 23 | | by the Department within 15 days after the suspension and |
| 24 | | completed without appreciable delay. |
| 25 | | If the Secretary otherwise suspends a license pursuant to |
| 26 | | the results of the licensee's mental or physical examination, a |
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| 1 | | hearing must be convened by the Department within 15 days after |
| 2 | | the suspension and completed without appreciable delay. The |
| 3 | | Department and Board shall have the authority to review the |
| 4 | | licensee's record of treatment and counseling regarding the |
| 5 | | relevant impairment or impairments to the extent permitted by |
| 6 | | applicable federal statutes and regulations safeguarding the |
| 7 | | confidentiality of medical records. |
| 8 | | Any licensee suspended under this subsection (a-5) shall be |
| 9 | | afforded an opportunity to demonstrate to the Department or |
| 10 | | Board that he or she can resume practice in compliance with the |
| 11 | | acceptable and prevailing standards under the provisions of his |
| 12 | | or her license.
|
| 13 | | (b) The determination by a circuit court that a licensee is |
| 14 | | subject to
involuntary admission or judicial admission, as |
| 15 | | provided in the Mental
Health and Developmental Disabilities |
| 16 | | Code, operates as an automatic
suspension. Such suspension will |
| 17 | | end only upon a finding by a court that
the patient is no |
| 18 | | longer subject to involuntary admission or judicial
admission, |
| 19 | | the issuance of an order so finding and discharging the |
| 20 | | patient,
and the recommendation of the Board to the Secretary |
| 21 | | that
the licensee be allowed to resume practice.
|
| 22 | | (c) The Department shall deny a license or renewal |
| 23 | | authorized by this Act to a person who has defaulted on an |
| 24 | | educational loan or scholarship provided or guaranteed by the |
| 25 | | Illinois Student Assistance Commission or any governmental |
| 26 | | agency of this State in accordance with subdivision (a)(5) of |
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| 1 | | Section 2105-15 15 of the Department of Professional Regulation |
| 2 | | Law of the Civil Administrative Code of Illinois. |
| 3 | | (d) In cases where the Department of Healthcare and Family |
| 4 | | Services (formerly the Department of Public Aid) has previously |
| 5 | | determined that a licensee or a potential licensee is more than |
| 6 | | 30 days delinquent in the payment of child support and has |
| 7 | | subsequently certified the delinquency to the Department, the |
| 8 | | Department shall refuse to issue or renew or shall revoke or |
| 9 | | suspend that person's license or shall take other disciplinary |
| 10 | | action against that person based solely upon the certification |
| 11 | | of delinquency made by the Department of Healthcare and Family |
| 12 | | Services in accordance with subdivision (a)(5) of Section |
| 13 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 14 | | the Civil Administrative Code of Illinois. |
| 15 | | (e) The Department shall deny a license or renewal |
| 16 | | authorized by this Act to a person who has failed to file a |
| 17 | | return, to pay the tax, penalty, or interest shown in a filed |
| 18 | | return, or to pay any final assessment of tax, penalty, or |
| 19 | | interest as required by any tax Act administered by the |
| 20 | | Department of Revenue, until such time as the requirements of |
| 21 | | the tax Act are satisfied in accordance with subsection (g) of |
| 22 | | Section 2105-15 15 of the Department of Professional Regulation |
| 23 | | Law of the Civil Administrative Code of Illinois.
|
| 24 | | (f) Persons who assist the Department as consultants or |
| 25 | | expert witnesses in
the investigation or prosecution of alleged |
| 26 | | violations of the Act,
licensure matters, restoration |
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| 1 | | proceedings, or criminal prosecutions, are
not liable for |
| 2 | | damages in any civil action or proceeding as a result of
such |
| 3 | | assistance, except upon proof of actual malice. The Attorney |
| 4 | | General
of the State of Illinois shall defend such persons in |
| 5 | | any such action or
proceeding.
|
| 6 | | (Source: P.A. 96-610, eff. 8-24-09; revised 11-12-13.)
|
| 7 | | (225 ILCS 340/37) (from Ch. 111, par. 6637)
|
| 8 | | (Section scheduled to be repealed on January 1, 2020)
|
| 9 | | Sec. 37.
Pursuant to subsection (i) of Section 6 of Article |
| 10 | | VII 7 of the
Illinois Constitution, a home rule unit may not |
| 11 | | regulate the profession of
structural engineering in a manner |
| 12 | | more restrictive than the regulation by
the State of the |
| 13 | | profession of structural engineering as provided in this
Act. |
| 14 | | This Section is a limitation on the concurrent exercise by home |
| 15 | | rule
units of powers and functions exercised by the State.
|
| 16 | | (Source: P.A. 86-711; revised 11-14-13.)
|
| 17 | | Section 475. The Illinois Certified Shorthand Reporters |
| 18 | | Act of 1984 is amended by changing Sections 23 and 23.2a as |
| 19 | | follows:
|
| 20 | | (225 ILCS 415/23) (from Ch. 111, par. 6223)
|
| 21 | | (Section scheduled to be repealed on January 1, 2024)
|
| 22 | | Sec. 23. Grounds for disciplinary action.
|
| 23 | | (a) The Department may refuse to issue or renew, or may |
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| 1 | | revoke,
suspend, place on probation, reprimand or take other |
| 2 | | disciplinary
or non-disciplinary action as the Department may |
| 3 | | deem appropriate, including imposing fines not to
exceed |
| 4 | | $10,000 for each violation and the assessment of costs as |
| 5 | | provided for in Section 23.3 of this Act, with regard to any |
| 6 | | license for any one
or combination of the following:
|
| 7 | | (1) Material misstatement in furnishing information to |
| 8 | | the Department;
|
| 9 | | (2) Violations of this Act, or of the rules promulgated |
| 10 | | thereunder;
|
| 11 | | (3) Conviction by plea of guilty or nolo contendere, |
| 12 | | finding of guilt, jury verdict, or entry of judgment or by |
| 13 | | sentencing of any crime, including, but not limited to, |
| 14 | | convictions, preceding sentences of supervision, |
| 15 | | conditional discharge, or first offender probation under |
| 16 | | the laws of any jurisdiction of the United States: (i) that |
| 17 | | is a felony or (ii) that is a misdemeanor, an essential |
| 18 | | element of which is dishonesty, or that is directly related |
| 19 | | to the practice of the profession;
|
| 20 | | (4) Fraud or any misrepresentation in applying for or |
| 21 | | procuring a license under this Act or in connection with |
| 22 | | applying for renewal of a license under this Act;
|
| 23 | | (5) Professional incompetence;
|
| 24 | | (6) Aiding or assisting another person, firm, |
| 25 | | partnership or corporation
in violating any provision of |
| 26 | | this Act or rules;
|
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| 1 | | (7) Failing, within 60 days, to provide information in |
| 2 | | response to a
written request made by the Department;
|
| 3 | | (8) Engaging in dishonorable, unethical or |
| 4 | | unprofessional conduct of a
character likely to deceive, |
| 5 | | defraud or harm the public;
|
| 6 | | (9) Habitual or excessive use or abuse of drugs defined |
| 7 | | in law as controlled substances, alcohol, or any other |
| 8 | | substances that results in the inability to practice with |
| 9 | | reasonable judgment, skill, or safety;
|
| 10 | | (10) Discipline by another state, unit of government, |
| 11 | | government agency, the District of Columbia, a territory,
|
| 12 | | or foreign nation, if at least one of the grounds for the |
| 13 | | discipline is
the same or substantially equivalent to those |
| 14 | | set forth herein;
|
| 15 | | (11) Charging for professional services not rendered, |
| 16 | | including filing false statements for the collection of |
| 17 | | fees for which services were not rendered, or giving, |
| 18 | | directly or indirectly, any gift or anything of value to |
| 19 | | attorneys or their staff or any other persons or entities |
| 20 | | associated with any litigation, that exceeds $100 total per |
| 21 | | year; for the purposes of this Section, pro bono services, |
| 22 | | as defined by State law, are permissible in any amount;
|
| 23 | | (12) A finding by the Board that the certificate |
| 24 | | holder, after having
his certificate placed on |
| 25 | | probationary status, has violated the terms of
probation;
|
| 26 | | (13) Willfully making or filing false records or |
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| 1 | | reports in the practice
of shorthand reporting, including |
| 2 | | but not limited to false records filed
with State agencies |
| 3 | | or departments;
|
| 4 | | (14) Physical illness, including but not limited to, |
| 5 | | deterioration through
the aging process, or loss of motor |
| 6 | | skill which results in the inability
to practice under this |
| 7 | | Act with reasonable judgment, skill or safety;
|
| 8 | | (15) Solicitation of professional services other than |
| 9 | | by permitted
advertising;
|
| 10 | | (16) Willful failure to take full and accurate |
| 11 | | stenographic notes of
any proceeding;
|
| 12 | | (17) Willful alteration of any stenographic notes |
| 13 | | taken at any proceeding;
|
| 14 | | (18) Willful failure to accurately transcribe verbatim |
| 15 | | any stenographic
notes taken at any proceeding;
|
| 16 | | (19) Willful alteration of a transcript of |
| 17 | | stenographic notes taken at
any proceeding;
|
| 18 | | (20) Affixing one's signature to any transcript of his |
| 19 | | stenographic notes
or certifying to its correctness unless |
| 20 | | the transcript has been prepared
by him or under his |
| 21 | | immediate supervision;
|
| 22 | | (21) Willful failure to systematically retain |
| 23 | | stenographic notes or transcripts on paper or any |
| 24 | | electronic media for 10 years
from the date that the notes |
| 25 | | or transcripts were taken;
|
| 26 | | (22) Failure to deliver transcripts in a timely manner |
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| 1 | | or in accordance
with contractual agreements;
|
| 2 | | (23) Establishing contingent fees as a basis of |
| 3 | | compensation;
|
| 4 | | (24) Mental illness or disability that results in the |
| 5 | | inability to practice under this Act with reasonable |
| 6 | | judgment, skill, or safety; |
| 7 | | (25) Practicing under a false or assumed name, except |
| 8 | | as provided by law; |
| 9 | | (26) Cheating on or attempting to subvert the licensing |
| 10 | | examination administered under this Act; |
| 11 | | (27) Allowing one's license under this Act to be used |
| 12 | | by an unlicensed person in violation of this Act. |
| 13 | | All fines imposed under this Section shall be paid within |
| 14 | | 60 days after the effective date of the order imposing the fine |
| 15 | | or in accordance with the terms set forth in the order imposing |
| 16 | | the fine. |
| 17 | | (b) The determination by a circuit court that a certificate |
| 18 | | holder is
subject to involuntary admission or judicial |
| 19 | | admission as provided in the
Mental Health and Developmental |
| 20 | | Disabilities Code, operates as an automatic
suspension. Such |
| 21 | | suspension will end only upon a
finding by a court that the |
| 22 | | patient is no longer subject to involuntary
admission or |
| 23 | | judicial admission, an order by the court so finding and
|
| 24 | | discharging the patient. In any case where a license is |
| 25 | | suspended under this Section, the licensee may file a petition |
| 26 | | for restoration and shall include evidence acceptable to the |
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| 1 | | Department that the licensee can resume practice in compliance |
| 2 | | with acceptable and prevailing standards of the profession.
|
| 3 | | (c) In cases where the Department of Healthcare and Family |
| 4 | | Services has previously determined a licensee or a potential |
| 5 | | licensee is more than 30 days delinquent in the payment of |
| 6 | | child support and has subsequently certified the delinquency to |
| 7 | | the Department, the Department may refuse to issue or renew or |
| 8 | | may revoke or suspend that person's license or may take other |
| 9 | | disciplinary action against that person based solely upon the |
| 10 | | certification of delinquency made by the Department of |
| 11 | | Healthcare and Family Services in accordance with item (5) of |
| 12 | | subsection (a) (g) of Section 2105-15 1205-15 of the Civil |
| 13 | | Administrative Code of Illinois. |
| 14 | | (d) In enforcing this Section, the Department, upon a |
| 15 | | showing of a possible violation, may compel any individual who |
| 16 | | is certified under this Act or any individual who has applied |
| 17 | | for certification under this Act to submit to a mental or |
| 18 | | physical examination and evaluation, or both, which may include |
| 19 | | a substance abuse or sexual offender evaluation, at the expense |
| 20 | | of the Department. The Department shall specifically designate |
| 21 | | the examining physician licensed to practice medicine in all of |
| 22 | | its branches or, if applicable, the multidisciplinary team |
| 23 | | involved in providing the mental or physical examination and |
| 24 | | evaluation, or both. The multidisciplinary team shall be led by |
| 25 | | a physician licensed to practice medicine in all of its |
| 26 | | branches and may consist of one or more or a combination of |
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| 1 | | physicians licensed to practice medicine in all of its |
| 2 | | branches, licensed chiropractic physicians, licensed clinical |
| 3 | | psychologists, licensed clinical social workers, licensed |
| 4 | | clinical professional counselors, and other professional and |
| 5 | | administrative staff. Any examining physician or member of the |
| 6 | | multidisciplinary team may require any person ordered to submit |
| 7 | | to an examination and evaluation pursuant to this Section to |
| 8 | | submit to any additional supplemental testing deemed necessary |
| 9 | | to complete any examination or evaluation process, including, |
| 10 | | but not limited to, blood testing, urinalysis, psychological |
| 11 | | testing, or neuropsychological testing. |
| 12 | | The Department may order the examining physician or any |
| 13 | | member of the multidisciplinary team to provide to the |
| 14 | | Department any and all records, including business records, |
| 15 | | that relate to the examination and evaluation, including any |
| 16 | | supplemental testing performed. The Department may order the |
| 17 | | examining physician or any member of the multidisciplinary team |
| 18 | | to present testimony concerning this examination and |
| 19 | | evaluation of the certified shorthand reporter or applicant, |
| 20 | | including testimony concerning any supplemental testing or |
| 21 | | documents relating to the examination and evaluation. No |
| 22 | | information, report, record, or other documents in any way |
| 23 | | related to the examination and evaluation shall be excluded by |
| 24 | | reason of any common law or statutory privilege relating to |
| 25 | | communication between the licensee or applicant and the |
| 26 | | examining physician or any member of the multidisciplinary |
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| 1 | | team. No authorization is necessary from the certified |
| 2 | | shorthand reporter or applicant ordered to undergo an |
| 3 | | evaluation and examination for the examining physician or any |
| 4 | | member of the multidisciplinary team to provide information, |
| 5 | | reports, records, or other documents or to provide any |
| 6 | | testimony regarding the examination and evaluation. The |
| 7 | | individual to be examined may have, at his or her own expense, |
| 8 | | another physician of his or her choice present during all |
| 9 | | aspects of the examination. |
| 10 | | Failure of any individual to submit to mental or physical |
| 11 | | examination and evaluation, or both, when directed, shall |
| 12 | | result in an automatic suspension, without hearing, until such |
| 13 | | time as the individual submits to the examination. If the |
| 14 | | Department finds a certified shorthand reporter unable to |
| 15 | | practice because of the reasons set forth in this Section, the |
| 16 | | Department shall require the certified shorthand reporter to |
| 17 | | submit to care, counseling, or treatment by physicians approved |
| 18 | | or designated by the Department, as a condition for continued, |
| 19 | | reinstated, or renewed certification. |
| 20 | | When the Secretary immediately suspends a certificate |
| 21 | | under this Section, a hearing upon the person's certificate |
| 22 | | must be convened by the Department within 15 days after the |
| 23 | | suspension and completed without appreciable delay. The |
| 24 | | Department shall have the authority to review the certified |
| 25 | | shorthand reporter's record of treatment and counseling |
| 26 | | regarding the impairment, to the extent permitted by applicable |
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| 1 | | federal statutes and regulations safeguarding the |
| 2 | | confidentiality of medical records. |
| 3 | | Individuals certified under this Act, affected under this |
| 4 | | Section, shall be afforded an opportunity to demonstrate to the |
| 5 | | Department that they can resume practice in compliance with |
| 6 | | acceptable and prevailing standards under the provisions of |
| 7 | | their certification. |
| 8 | | (e) The Department shall deny a license or renewal |
| 9 | | authorized by this Act to a person who has defaulted on an |
| 10 | | educational loan or scholarship provided or guaranteed by the |
| 11 | | Illinois Student Assistance Commission or any governmental |
| 12 | | agency of this State in accordance with item (5) of subsection |
| 13 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 14 | | Illinois. |
| 15 | | (f) The Department may refuse to issue or may suspend |
| 16 | | without hearing, as provided for in the Code of Civil |
| 17 | | Procedure, the license of any person who fails to file a |
| 18 | | return, to pay the tax, penalty, or interest shown in a filed |
| 19 | | return, or to pay any final assessment of tax, penalty, or |
| 20 | | interest as required by any tax Act administered by the |
| 21 | | Illinois Department of Revenue, until such time as the |
| 22 | | requirements of any such tax Act are satisfied in accordance |
| 23 | | with subsection (g) of Section 2105-15 of the Civil |
| 24 | | Administrative Code of Illinois. |
| 25 | | (Source: P.A. 98-445, eff. 12-31-13; revised 11-14-13.)
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| 1 | | (225 ILCS 415/23.2a) |
| 2 | | (Section scheduled to be repealed on January 1, 2024) |
| 3 | | Sec. 23.2a. Confidentiality. All information collected by |
| 4 | | the Department in the course of an examination or investigation |
| 5 | | of a licensee or applicant, including, but not limited to, any |
| 6 | | complaint against a licensee filed with the Department and |
| 7 | | information collected to investigate any such complaint, shall |
| 8 | | be maintained for the confidential use of the Department and |
| 9 | | shall not be disclosed. The Department may not disclose the |
| 10 | | information to anyone other than law enforcement officials, |
| 11 | | other regulatory agencies that have an appropriate regulatory |
| 12 | | interest as determined by the Secretary, or to a party |
| 13 | | presenting a lawful subpoena to the Department. Information and |
| 14 | | documents disclosed to a federal, State, county, or local law |
| 15 | | enforcement agency shall not be disclosed by the agency for any |
| 16 | | purpose to any other agency or person. A formal complaint filed |
| 17 | | against a licensee by the Department or any order issued by the |
| 18 | | Department against a licensee or applicant shall be a public |
| 19 | | record, except as otherwise prohibited by law.
|
| 20 | | (Source: P.A. 98-445, eff. 12-31-13; revised 11-12-13.)
|
| 21 | | Section 480. The Community Association Manager Licensing |
| 22 | | and Disciplinary Act is amended by changing Section 85 as |
| 23 | | follows:
|
| 24 | | (225 ILCS 427/85)
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| 1 | | (Section scheduled to be repealed on January 1, 2020) |
| 2 | | Sec. 85. Grounds for discipline; refusal, revocation, or |
| 3 | | suspension. |
| 4 | | (a) The Department may refuse to issue or renew a license, |
| 5 | | or may place on probation, reprimand, suspend, or revoke any |
| 6 | | license, or take any other disciplinary or non-disciplinary |
| 7 | | action as the Department may deem proper and impose a fine not |
| 8 | | to exceed $10,000 for each violation upon any licensee or |
| 9 | | applicant under this Act or any person or entity who holds |
| 10 | | himself, herself, or itself out as an applicant or licensee for |
| 11 | | any one or combination of the following causes: |
| 12 | | (1) Material misstatement in furnishing information to |
| 13 | | the Department. |
| 14 | | (2) Violations of this Act or its rules. |
| 15 | | (3) Conviction of or entry of a plea of guilty or plea |
| 16 | | of nolo contendere to a felony or a misdemeanor under the |
| 17 | | laws of the United States, any state, or any other |
| 18 | | jurisdiction or entry of an administrative sanction by a |
| 19 | | government agency in this State or any other jurisdiction. |
| 20 | | Action taken under this paragraph (3) for a misdemeanor or |
| 21 | | an administrative sanction is limited to a misdemeanor or |
| 22 | | administrative sanction that has as an essential element |
| 23 | | dishonesty or fraud, that involves larceny, embezzlement, |
| 24 | | or obtaining money, property, or credit by false pretenses |
| 25 | | or by means of a confidence game, or that is directly |
| 26 | | related to the practice of the profession. |
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| 1 | | (4) Making any misrepresentation for the purpose of |
| 2 | | obtaining a license or violating any provision of this Act |
| 3 | | or its rules. |
| 4 | | (5) Professional incompetence. |
| 5 | | (6) Gross negligence. |
| 6 | | (7) Aiding or assisting another person in violating any |
| 7 | | provision of this Act or its rules. |
| 8 | | (8) Failing, within 30 days, to provide information in |
| 9 | | response to a request made by the Department. |
| 10 | | (9) Engaging in dishonorable, unethical, or |
| 11 | | unprofessional conduct of a character likely to deceive, |
| 12 | | defraud or harm the public as defined by the rules of the |
| 13 | | Department, or violating the rules of professional conduct |
| 14 | | adopted by the Department. |
| 15 | | (10) Habitual or excessive use or addiction to alcohol, |
| 16 | | narcotics, stimulants, or any other chemical agent or drug |
| 17 | | that results in the inability to practice with reasonable |
| 18 | | judgment, skill, or safety. |
| 19 | | (11) Having been disciplined by another state, the |
| 20 | | District of Columbia, a territory, a foreign nation, or a |
| 21 | | governmental agency authorized to impose discipline if at |
| 22 | | least one of the grounds for the discipline is the same or |
| 23 | | substantially equivalent of one of the grounds for which a |
| 24 | | licensee may be disciplined under this Act. A certified |
| 25 | | copy of the record of the action by the other state or |
| 26 | | jurisdiction shall be prima facie evidence thereof. |
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| 1 | | (12) Directly or indirectly giving to or receiving from |
| 2 | | any person, firm, corporation, partnership or association |
| 3 | | any fee, commission, rebate, or other form of compensation |
| 4 | | for any professional services not actually or personally |
| 5 | | rendered. |
| 6 | | (13) A finding by the Department that the licensee, |
| 7 | | after having his, her, or its license placed on |
| 8 | | probationary status, has violated the terms of probation. |
| 9 | | (14) Willfully making or filing false records or |
| 10 | | reports relating to a licensee's practice, including but |
| 11 | | not limited to false records filed with any State or |
| 12 | | federal agencies or departments. |
| 13 | | (15) Being named as a perpetrator in an indicated |
| 14 | | report by the Department of Children and Family Services |
| 15 | | under the Abused and Neglected Child Reporting Act and upon |
| 16 | | proof by clear and convincing evidence that the licensee |
| 17 | | has caused a child to be an abused child or neglected child |
| 18 | | as defined in the Abused and Neglected Child Reporting Act. |
| 19 | | (16) Physical illness or mental illness or impairment, |
| 20 | | including, but not limited to, deterioration through the |
| 21 | | aging process or loss of motor skill that results in the |
| 22 | | inability to practice the profession with reasonable |
| 23 | | judgment, skill, or safety. |
| 24 | | (17) Solicitation of professional services by using |
| 25 | | false or misleading advertising. |
| 26 | | (18) A finding that licensure has been applied for or |
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| 1 | | obtained by fraudulent means. |
| 2 | | (19) Practicing or attempting to practice under a name |
| 3 | | other than the full name as shown on the license or any |
| 4 | | other legally authorized name. |
| 5 | | (20) Gross overcharging for professional services |
| 6 | | including, but not limited to, (i) collection of fees or |
| 7 | | moneys for services that are not rendered; and (ii) |
| 8 | | charging for services that are not in accordance with the |
| 9 | | contract between the licensee and the community |
| 10 | | association. |
| 11 | | (21) Improper commingling of personal and client funds |
| 12 | | in violation of this Act or any rules promulgated thereto. |
| 13 | | (22) Failing to account for or remit any moneys or |
| 14 | | documents coming into the licensee's possession that |
| 15 | | belong to another person or entity. |
| 16 | | (23) Giving differential treatment to a person that is |
| 17 | | to that person's detriment because of race, color, creed, |
| 18 | | sex, religion, or national origin. |
| 19 | | (24) Performing and charging for services without |
| 20 | | reasonable authorization to do so from the person or entity |
| 21 | | for whom service is being provided. |
| 22 | | (25) Failing to make available to the Department, upon |
| 23 | | request, any books, records, or forms required by this Act. |
| 24 | | (26) Purporting to be a supervising community |
| 25 | | association manager of a firm without active participation |
| 26 | | in the firm. |
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| 1 | | (27) Failing to make available to the Department at the |
| 2 | | time of the request any indicia of licensure or |
| 3 | | registration issued under this Act. |
| 4 | | (28) Failing to maintain and deposit funds belonging to |
| 5 | | a community association in accordance with subsection (b) |
| 6 | | of Section 55 of this Act. |
| 7 | | (29) Violating the terms of a disciplinary order issued |
| 8 | | by the Department. |
| 9 | | (b) In accordance with subdivision (a)(5) of Section |
| 10 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 11 | | the Civil Administrative Code of Illinois (20 ILCS |
| 12 | | 2105/2105-15), the Department shall deny a license or renewal |
| 13 | | authorized by this Act to a person who has defaulted on an |
| 14 | | educational loan or scholarship provided or guaranteed by the |
| 15 | | Illinois Student Assistance Commission or any governmental |
| 16 | | agency of this State. |
| 17 | | (c) The determination by a circuit court that a licensee is |
| 18 | | subject to involuntary admission or judicial admission, as |
| 19 | | provided in the Mental Health and Developmental Disabilities |
| 20 | | Code, operates as an automatic suspension. The suspension will |
| 21 | | terminate only upon a finding by a court that the patient is no |
| 22 | | longer subject to involuntary admission or judicial admission |
| 23 | | and the issuance of an order so finding and discharging the |
| 24 | | patient, and upon the recommendation of the Board to the |
| 25 | | Secretary that the licensee be allowed to resume his or her |
| 26 | | practice as a licensed community association manager. |
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| 1 | | (d) In accordance with subsection (g) of Section 2105-15 15 |
| 2 | | of the Department of Professional Regulation Law of the Civil |
| 3 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the |
| 4 | | Department may refuse to issue or renew or may suspend the |
| 5 | | license of any person who fails to file a return, to pay the |
| 6 | | tax, penalty, or interest shown in a filed return, or to pay |
| 7 | | any final assessment of tax, penalty, or interest, as required |
| 8 | | by any tax Act administered by the Department of Revenue, until |
| 9 | | such time as the requirements of that tax Act are satisfied.
|
| 10 | | (e) In accordance with subdivision (a)(5) of Section |
| 11 | | 2105-15 15 of the Department of Professional Regulation Law of |
| 12 | | the Civil Administrative Code of Illinois (20 ILCS |
| 13 | | 2105/2105-15) and in cases where the Department of Healthcare |
| 14 | | and Family Services (formerly Department of Public Aid) has |
| 15 | | previously determined that a licensee or a potential licensee |
| 16 | | is more than 30 days delinquent in the payment of child support |
| 17 | | and has subsequently certified the delinquency to the |
| 18 | | Department may refuse to issue or renew or may revoke or |
| 19 | | suspend that person's license or may take other disciplinary |
| 20 | | action against that person based solely upon the certification |
| 21 | | of delinquency made by the Department of Healthcare and Family |
| 22 | | Services. |
| 23 | | (f) In enforcing this Section, the Department or Board upon |
| 24 | | a showing of a possible violation may compel a licensee or an |
| 25 | | individual licensed to practice under this Act, or who has |
| 26 | | applied for licensure under this Act, to submit to a mental or |
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| 1 | | physical examination, or both, as required by and at the |
| 2 | | expense of the Department. The Department or Board may order |
| 3 | | the examining physician to present testimony concerning the |
| 4 | | mental or physical examination of the licensee or applicant. No |
| 5 | | information shall be excluded by reason of any common law or |
| 6 | | statutory privilege relating to communications between the |
| 7 | | licensee or applicant and the examining physician. The |
| 8 | | examining physicians shall be specifically designated by the |
| 9 | | Board or Department. The individual to be examined may have, at |
| 10 | | his or her own expense, another physician of his or her choice |
| 11 | | present during all aspects of this examination. Failure of an |
| 12 | | individual to submit to a mental or physical examination, when |
| 13 | | directed, shall be grounds for suspension of his or her license |
| 14 | | or denial of his or her application or renewal until the |
| 15 | | individual submits to the examination if the Department finds, |
| 16 | | after notice and hearing, that the refusal to submit to the |
| 17 | | examination was without reasonable cause.
|
| 18 | | If the Department or Board finds an individual unable to |
| 19 | | practice because of the reasons set forth in this Section, the |
| 20 | | Department or Board may require that individual to submit to |
| 21 | | care, counseling, or treatment by physicians approved or |
| 22 | | designated by the Department or Board, as a condition, term, or |
| 23 | | restriction for continued, reinstated, or renewed licensure to |
| 24 | | practice; or, in lieu of care, counseling, or treatment, the |
| 25 | | Department may file, or the Board may recommend to the |
| 26 | | Department to file, a complaint to immediately suspend, revoke, |
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| 1 | | deny, or otherwise discipline the license of the individual. An |
| 2 | | individual whose license was granted, continued, reinstated, |
| 3 | | renewed, disciplined or supervised subject to such terms, |
| 4 | | conditions, or restrictions, and who fails to comply with such |
| 5 | | terms, conditions, or restrictions, shall be referred to the |
| 6 | | Secretary for a determination as to whether the individual |
| 7 | | shall have his or her license suspended immediately, pending a |
| 8 | | hearing by the Department. |
| 9 | | In instances in which the Secretary immediately suspends a |
| 10 | | person's license under this Section, a hearing on that person's |
| 11 | | license must be convened by the Department within 30 days after |
| 12 | | the suspension and completed without appreciable delay. The |
| 13 | | Department and Board shall have the authority to review the |
| 14 | | subject individual's record of treatment and counseling |
| 15 | | regarding the impairment to the extent permitted by applicable |
| 16 | | federal statutes and regulations safeguarding the |
| 17 | | confidentiality of medical records. |
| 18 | | An individual licensed under this Act and affected under |
| 19 | | this Section shall be afforded an opportunity to demonstrate to |
| 20 | | the Department or Board that he or she can resume practice in |
| 21 | | compliance with acceptable and prevailing standards under the |
| 22 | | provisions of his or her license.
|
| 23 | | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; |
| 24 | | revised 11-14-13.)
|
| 25 | | Section 485. The Detection of Deception Examiners Act is |
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| 1 | | amended by changing Section 14 as follows:
|
| 2 | | (225 ILCS 430/14) (from Ch. 111, par. 2415)
|
| 3 | | (Section scheduled to be repealed on January 1, 2022)
|
| 4 | | Sec. 14.
(a) The Department may refuse to issue or renew or |
| 5 | | may revoke, suspend, place on probation, reprimand, or take |
| 6 | | other disciplinary or non-disciplinary action as the |
| 7 | | Department may deem appropriate, including imposing fines not |
| 8 | | to exceed $10,000 for each violation, with regard to any |
| 9 | | license for any one or a combination of the following:
|
| 10 | | (1) Material misstatement in furnishing information to |
| 11 | | the Department.
|
| 12 | | (2) Violations of this Act, or of the rules adopted |
| 13 | | under this Act.
|
| 14 | | (3) Conviction by plea of guilty or nolo contendere, |
| 15 | | finding of guilt, jury verdict, or entry of judgment or by |
| 16 | | sentencing of any crime, including, but not limited to, |
| 17 | | convictions, preceding sentences of supervision, |
| 18 | | conditional discharge, or first offender probation, under |
| 19 | | the laws of any jurisdiction of the United States: (i) that |
| 20 | | is a felony or (ii) that is a misdemeanor, an essential |
| 21 | | element of which is dishonesty, or that is directly related |
| 22 | | to the practice of the profession.
|
| 23 | | (4) Making any misrepresentation for the purpose of |
| 24 | | obtaining licensure or violating any provision of this Act |
| 25 | | or the rules adopted under this Act pertaining to |
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| 1 | | advertising.
|
| 2 | | (5) Professional incompetence.
|
| 3 | | (6) Allowing one's license under this Act to be used by |
| 4 | | an unlicensed
person in violation of this Act.
|
| 5 | | (7) Aiding or assisting another person in violating |
| 6 | | this Act or
any rule adopted under this Act.
|
| 7 | | (8) Where the license holder has been adjudged mentally |
| 8 | | ill, mentally
deficient or subject to involuntary |
| 9 | | admission as provided in the Mental
Health and |
| 10 | | Developmental Disabilities Code.
|
| 11 | | (9) Failing, within 60 days, to provide information in |
| 12 | | response to a written request made
by the Department.
|
| 13 | | (10) Engaging in dishonorable, unethical, or |
| 14 | | unprofessional conduct of a character likely to deceive, |
| 15 | | defraud, or harm the public. |
| 16 | | (11) Inability to practice with reasonable judgment, |
| 17 | | skill, or safety as a result of habitual or excessive use |
| 18 | | or addiction to alcohol, narcotics, stimulants, or any |
| 19 | | other chemical agent or drug. |
| 20 | | (12) Discipline by another state, District of |
| 21 | | Columbia, territory, or foreign nation, if at least one of |
| 22 | | the grounds for the discipline is the same or substantially |
| 23 | | equivalent to those set forth in this Section. |
| 24 | | (13) A finding by the Department that the licensee, |
| 25 | | after having his or her license placed on probationary |
| 26 | | status, has violated the terms of probation. |
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| 1 | | (14) Willfully making or filing false records or |
| 2 | | reports in his or her practice, including, but not limited |
| 3 | | to, false records filed with State agencies or departments. |
| 4 | | (15) Inability to practice the profession with |
| 5 | | reasonable judgment, skill, or safety as a result of a |
| 6 | | physical illness, including, but not limited to, |
| 7 | | deterioration through the aging process or loss of motor |
| 8 | | skill, or a mental illness or disability. |
| 9 | | (16) Charging for professional services not rendered, |
| 10 | | including filing false statements for the collection of |
| 11 | | fees for which services are not rendered. |
| 12 | | (17) Practicing under a false or, except as provided by |
| 13 | | law, an assumed name. |
| 14 | | (18) Fraud or misrepresentation in applying for, or |
| 15 | | procuring, a license under this Act or in connection with |
| 16 | | applying for renewal of a license under this Act. |
| 17 | | (19) Cheating on or attempting to subvert the licensing |
| 18 | | examination administered under this Act. |
| 19 | | All fines imposed under this Section shall be paid within |
| 20 | | 60 days after the effective date of the order imposing the |
| 21 | | fine.
|
| 22 | | (b) The Department may refuse to issue or may suspend |
| 23 | | without hearing, as provided for in the Code of Civil |
| 24 | | Procedure, the license of any person who fails to file a |
| 25 | | return, or pay the tax, penalty, or interest shown in a filed |
| 26 | | return, or pay any final assessment of the tax, penalty, or |
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| 1 | | interest as required by any tax Act administered by the |
| 2 | | Illinois Department of Revenue, until such time as the |
| 3 | | requirements of any such tax Act are satisfied in accordance |
| 4 | | with subsection (g) of Section 2105-15 of the Civil |
| 5 | | Administrative Code of Illinois. |
| 6 | | (c) The Department shall deny a license or renewal |
| 7 | | authorized by this Act to a person who has defaulted on an |
| 8 | | educational loan or scholarship provided or guaranteed by the |
| 9 | | Illinois Student Assistance Commission or any governmental |
| 10 | | agency of this State in accordance with item (5) of subsection |
| 11 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 12 | | Illinois. |
| 13 | | (d) In cases where the Department of Healthcare and Family |
| 14 | | Services has previously determined a licensee or a potential |
| 15 | | licensee is more than 30 days delinquent in the payment of |
| 16 | | child support and has subsequently certified the delinquency to |
| 17 | | the Department, the Department may refuse to issue or renew or |
| 18 | | may revoke or suspend that person's license or may take other |
| 19 | | disciplinary action against that person based solely upon the |
| 20 | | certification of delinquency made by the Department of |
| 21 | | Healthcare and Family Services in accordance with item (5) of |
| 22 | | subsection (a) (g) of Section 2105-15 1205-15 of the Civil |
| 23 | | Administrative Code of Illinois. |
| 24 | | (e) The determination by a circuit court that a licensee is |
| 25 | | subject to involuntary admission or judicial admission, as |
| 26 | | provided in the Mental Health and Developmental Disabilities |
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| 1 | | Code, operates as an automatic suspension. The suspension will |
| 2 | | end only upon a finding by a court that the patient is no |
| 3 | | longer subject to involuntary admission or judicial admission |
| 4 | | and the issuance of an order so finding and discharging the |
| 5 | | patient. |
| 6 | | (f) In enforcing this Act, the Department, upon a showing |
| 7 | | of a possible violation, may compel an individual licensed to |
| 8 | | practice under this Act, or who has applied for licensure under |
| 9 | | this Act, to submit to a mental or physical examination, or |
| 10 | | both, as required by and at the expense of the Department. The |
| 11 | | Department may order the examining physician to present |
| 12 | | testimony concerning the mental or physical examination of the |
| 13 | | licensee or applicant. No information shall be excluded by |
| 14 | | reason of any common law or statutory privilege relating to |
| 15 | | communications between the licensee or applicant and the |
| 16 | | examining physician. The examining physicians shall be |
| 17 | | specifically designated by the Department. The individual to be |
| 18 | | examined may have, at his or her own expense, another physician |
| 19 | | of his or her choice present during all aspects of this |
| 20 | | examination. The examination shall be performed by a physician |
| 21 | | licensed to practice medicine in all its branches. Failure of |
| 22 | | an individual to submit to a mental or physical examination, |
| 23 | | when directed, shall result in an automatic suspension without |
| 24 | | hearing. |
| 25 | | A person holding a license under this Act or who has |
| 26 | | applied for a license under this Act who, because of a physical |
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| 1 | | or mental illness or disability, including, but not limited to, |
| 2 | | deterioration through the aging process or loss of motor skill, |
| 3 | | is unable to practice the profession with reasonable judgment, |
| 4 | | skill, or safety, may be required by the Department to submit |
| 5 | | to care, counseling, or treatment by physicians approved or |
| 6 | | designated by the Department as a condition, term, or |
| 7 | | restriction for continued, reinstated, or renewed licensure to |
| 8 | | practice. Submission to care, counseling, or treatment as |
| 9 | | required by the Department shall not be considered discipline |
| 10 | | of a license. If the licensee refuses to enter into a care, |
| 11 | | counseling, or treatment agreement or fails to abide by the |
| 12 | | terms of the agreement, the Department may file a complaint to |
| 13 | | revoke, suspend, or otherwise discipline the license of the |
| 14 | | individual. The Secretary may order the license suspended |
| 15 | | immediately, pending a hearing by the Department. Fines shall |
| 16 | | not be assessed in disciplinary actions involving physical or |
| 17 | | mental illness or impairment. |
| 18 | | In instances in which the Secretary immediately suspends a |
| 19 | | person's license under this Section, a hearing on that person's |
| 20 | | license must be convened by the Department within 15 days after |
| 21 | | the suspension and completed without appreciable delay. The |
| 22 | | Department shall have the authority to review the subject |
| 23 | | individual's record of treatment and counseling regarding the |
| 24 | | impairment to the extent permitted by applicable federal |
| 25 | | statutes and regulations safeguarding the confidentiality of |
| 26 | | medical records. |
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| 1 | | An individual licensed under this Act and affected under |
| 2 | | this Section shall be afforded an opportunity to demonstrate to |
| 3 | | the Department that he or she can resume practice in compliance |
| 4 | | with acceptable and prevailing standards under the provisions |
| 5 | | of his or her license. |
| 6 | | (Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13; |
| 7 | | revised 11-14-13.)
|
| 8 | | Section 490. The Highway Advertising Control Act of 1971 is |
| 9 | | amended by changing Section 3 and by setting forth, |
| 10 | | renumbering, and changing multiple versions of Section 15 as |
| 11 | | follows:
|
| 12 | | (225 ILCS 440/3) (from Ch. 121, par. 503)
|
| 13 | | Sec. 3.
As used in this Act, unless the context otherwise |
| 14 | | requires, the
terms defined in the Sections following this |
| 15 | | Section and preceding Section 4 3.01 through 3.16 have the |
| 16 | | meanings
ascribed to them in those Sections.
|
| 17 | | (Source: P.A. 92-651, eff. 7-11-02; revised 11-14-13.)
|
| 18 | | (225 ILCS 440/14.1) |
| 19 | | Sec. 14.1 15. Applicability. The changes made to this Act |
| 20 | | by Public Act 98-56 this amendatory Act of the 98th General |
| 21 | | Assembly shall not be applicable if the application would |
| 22 | | impact the receipt, use, or reimbursement of federal funds by |
| 23 | | the Illinois Department of Transportation other than the |
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| 1 | | reimbursement of Bonus Agreement funds. Any permit granted |
| 2 | | pursuant to an inapplicable provision is void.
|
| 3 | | (Source: P.A. 98-56, eff. 7-5-13; revised 10-25-13.)
|
| 4 | | (225 ILCS 440/15) |
| 5 | | Sec. 15. "An Act relating to the restriction, prohibition, |
| 6 | | regulation, and control of billboards and other outdoor |
| 7 | | advertising devices on certain lands adjacent to National |
| 8 | | System of Interstate and Defense Highways in Illinois", |
| 9 | | approved June 28, 1965, is repealed.
|
| 10 | | (Source: P.A. 77-1815.)
|
| 11 | | Section 495. The Home Inspector License Act is amended by |
| 12 | | changing Section 15-10 as follows:
|
| 13 | | (225 ILCS 441/15-10)
|
| 14 | | (Section scheduled to be repealed on January 1, 2022)
|
| 15 | | Sec. 15-10. Grounds for disciplinary action.
|
| 16 | | (a) The Department may refuse to issue or renew, or may |
| 17 | | revoke, suspend, place on probation, reprimand, or take other |
| 18 | | disciplinary or non-disciplinary action as the Department may |
| 19 | | deem appropriate, including imposing fines not to exceed |
| 20 | | $25,000 for each violation, with regard to any license for any |
| 21 | | one or combination of the following:
|
| 22 | | (1) Fraud or misrepresentation in applying for, or |
| 23 | | procuring a license under this Act or in connection with |
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| 1 | | applying for renewal of a license under this Act.
|
| 2 | | (2) Failing to meet the minimum qualifications for |
| 3 | | licensure as a home
inspector established by this Act.
|
| 4 | | (3) Paying money, other than for the fees provided for |
| 5 | | by this Act, or
anything of value to an employee of the |
| 6 | | Department to procure licensure under this Act.
|
| 7 | | (4) Conviction by plea of guilty or nolo contendere, |
| 8 | | finding of guilt, jury verdict, or entry of judgment or by |
| 9 | | sentencing of any crime, including, but not limited to, |
| 10 | | convictions, preceding sentences of supervision, |
| 11 | | conditional discharge, or first offender probation, under |
| 12 | | the laws of any jurisdiction of the United States: (i) that |
| 13 | | is a felony; (ii) that is a misdemeanor, an essential |
| 14 | | element of which is dishonesty, or that is directly related |
| 15 | | to the practice of the profession; or (iii) that is a crime |
| 16 | | that subjects the licensee to compliance with the |
| 17 | | requirements of the Sex Offender Registration Act.
|
| 18 | | (5) Committing an act or omission involving |
| 19 | | dishonesty, fraud, or
misrepresentation
with the intent to |
| 20 | | substantially benefit the licensee or another person or |
| 21 | | with
the intent to substantially injure another person.
|
| 22 | | (6) Violating a provision or standard for the |
| 23 | | development or
communication of home inspections as |
| 24 | | provided in Section 10-5 of this Act or as
defined in the |
| 25 | | rules.
|
| 26 | | (7) Failing or refusing to exercise reasonable
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| 1 | | diligence
in the development, reporting, or communication |
| 2 | | of a home inspection report, as
defined
by this Act or the |
| 3 | | rules.
|
| 4 | | (8) Violating a provision of this Act or the rules.
|
| 5 | | (9) Having been disciplined by another state, the |
| 6 | | District of Columbia, a
territory, a foreign nation, a |
| 7 | | governmental agency, or any other entity
authorized to |
| 8 | | impose discipline if at least one of the grounds for
that
|
| 9 | | discipline is the same as or substantially equivalent to |
| 10 | | one of the grounds
for which a licensee may be disciplined |
| 11 | | under this Act.
|
| 12 | | (10) Engaging in dishonorable, unethical, or |
| 13 | | unprofessional conduct of a
character likely to deceive, |
| 14 | | defraud, or harm the public.
|
| 15 | | (11) Accepting an inspection assignment when the |
| 16 | | employment itself is
contingent upon the home inspector |
| 17 | | reporting a predetermined analysis or
opinion, or when the |
| 18 | | fee to be paid is contingent upon the analysis, opinion,
or |
| 19 | | conclusion reached or upon the consequences resulting from |
| 20 | | the home
inspection assignment.
|
| 21 | | (12) Developing home inspection opinions or |
| 22 | | conclusions based on the race,
color, religion, sex, |
| 23 | | national origin, ancestry, age, marital status, family
|
| 24 | | status, physical or mental disability, or unfavorable |
| 25 | | military discharge, as
defined under the Illinois Human |
| 26 | | Rights Act, of the prospective or present
owners or |
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| 1 | | occupants of the area or property under home inspection.
|
| 2 | | (13) Being adjudicated liable in a civil proceeding on |
| 3 | | grounds of
fraud,
misrepresentation, or deceit. In a |
| 4 | | disciplinary proceeding based upon a
finding of civil |
| 5 | | liability, the home inspector shall be
afforded an |
| 6 | | opportunity to present mitigating and extenuating |
| 7 | | circumstances,
but may not collaterally attack the civil |
| 8 | | adjudication.
|
| 9 | | (14) Being adjudicated liable in a civil proceeding for |
| 10 | | violation of
a
State or federal fair housing law.
|
| 11 | | (15) Engaging in misleading or untruthful advertising |
| 12 | | or using a trade
name or insignia of membership in a home |
| 13 | | inspection organization of
which the licensee is not a |
| 14 | | member.
|
| 15 | | (16) Failing, within 30 days, to provide information in |
| 16 | | response to a written request made by the Department.
|
| 17 | | (17) Failing to include within the home inspection |
| 18 | | report the home
inspector's license number and the date of |
| 19 | | expiration of the license. All
home inspectors providing |
| 20 | | significant contribution to the development and
reporting |
| 21 | | of a home inspection must be disclosed in the home |
| 22 | | inspection report.
It is a violation of this Act for a home |
| 23 | | inspector to sign a home inspection
report knowing that a |
| 24 | | person providing a significant contribution to the report
|
| 25 | | has not been disclosed in the home inspection report.
|
| 26 | | (18) Advising a client as to whether the client should |
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| 1 | | or should not
engage in a transaction regarding the |
| 2 | | residential real property that is the
subject of the home |
| 3 | | inspection.
|
| 4 | | (19) Performing a home inspection in a manner that |
| 5 | | damages or alters the
residential real property that is the |
| 6 | | subject of the home inspection without
the consent of the |
| 7 | | owner.
|
| 8 | | (20) Performing a home inspection when the home |
| 9 | | inspector is providing
or may also provide other services |
| 10 | | in connection with the residential real
property or |
| 11 | | transaction, or has an interest in the residential real |
| 12 | | property,
without providing prior written notice of the |
| 13 | | potential or actual conflict and
obtaining the prior |
| 14 | | consent of the client as provided by rule.
|
| 15 | | (21) Aiding or assisting another person in violating |
| 16 | | any provision of this Act or rules adopted under this Act. |
| 17 | | (22) Inability to practice with reasonable judgment, |
| 18 | | skill, or safety as a result of habitual or excessive use |
| 19 | | or addiction to alcohol, narcotics, stimulants, or any |
| 20 | | other chemical agent or drug. |
| 21 | | (23) A finding by the Department that the licensee, |
| 22 | | after having his or her license placed on probationary |
| 23 | | status, has violated the terms of probation. |
| 24 | | (24) Willfully making or filing false records or |
| 25 | | reports in his or her practice, including, but not limited |
| 26 | | to, false records filed with State agencies or departments. |
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| 1 | | (25) Charging for professional services not rendered, |
| 2 | | including filing false statements for the collection of |
| 3 | | fees for which services are not rendered. |
| 4 | | (26) Practicing under a false or, except as provided by |
| 5 | | law, an assumed name. |
| 6 | | (27) Cheating on or attempting to subvert the licensing |
| 7 | | examination administered under this Act. |
| 8 | | (b) The Department may suspend, revoke,
or refuse to issue
|
| 9 | | or renew an education provider's license, may reprimand, place |
| 10 | | on probation, or
otherwise discipline
an education provider
|
| 11 | | licensee, and may suspend or revoke the course approval of any |
| 12 | | course offered
by an education provider, for any of the |
| 13 | | following:
|
| 14 | | (1) Procuring or attempting to procure licensure by |
| 15 | | knowingly making a
false statement, submitting false |
| 16 | | information, making any form of fraud or
|
| 17 | | misrepresentation, or refusing to provide complete |
| 18 | | information in response to a
question in an application for |
| 19 | | licensure.
|
| 20 | | (2) Failing to comply with the covenants certified to |
| 21 | | on the application
for licensure as an education provider.
|
| 22 | | (3) Committing an act or omission involving |
| 23 | | dishonesty, fraud, or
misrepresentation
or allowing any |
| 24 | | such act or omission by any employee or contractor under |
| 25 | | the
control of the education provider.
|
| 26 | | (4) Engaging in misleading or untruthful advertising.
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| 1 | | (5) Failing to retain competent instructors in |
| 2 | | accordance with rules
adopted under this Act.
|
| 3 | | (6) Failing to meet the topic or time requirements for |
| 4 | | course approval as
the provider of a pre-license curriculum |
| 5 | | course or a continuing education
course.
|
| 6 | | (7) Failing to administer an approved course using the |
| 7 | | course materials,
syllabus, and examinations submitted as |
| 8 | | the basis of the course approval.
|
| 9 | | (8) Failing to provide an appropriate classroom |
| 10 | | environment for
presentation of courses, with |
| 11 | | consideration for student comfort, acoustics,
lighting, |
| 12 | | seating, workspace, and visual aid material.
|
| 13 | | (9) Failing to maintain student records in compliance |
| 14 | | with the rules
adopted
under this Act.
|
| 15 | | (10) Failing to provide a certificate, transcript, or |
| 16 | | other student
record to the Department or to a student as |
| 17 | | may be required by rule.
|
| 18 | | (11) Failing to fully cooperate with a Department |
| 19 | | investigation by knowingly
making a false statement, |
| 20 | | submitting false or misleading information, or
refusing to |
| 21 | | provide complete information in
response to written |
| 22 | | interrogatories or a written request for
documentation |
| 23 | | within 30 days of the request.
|
| 24 | | (c) In appropriate cases, the Department may resolve a |
| 25 | | complaint against a licensee
through the issuance of a Consent |
| 26 | | to Administrative Supervision order. A
licensee subject to a |
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| 1 | | Consent to Administrative Supervision order
shall be |
| 2 | | considered by the Department as an active licensee in good |
| 3 | | standing.
This order shall not be reported as or considered by |
| 4 | | the Department to be a discipline of
the licensee.
The records |
| 5 | | regarding an investigation and a Consent to Administrative
|
| 6 | | Supervision order shall be considered confidential and shall |
| 7 | | not be released by
the Department except as
mandated by law. |
| 8 | | The complainant shall be notified that his or her
complaint has |
| 9 | | been resolved by a Consent to Administrative Supervision order.
|
| 10 | | (d) The Department may refuse to issue or may suspend |
| 11 | | without hearing, as provided for in the Code of Civil |
| 12 | | Procedure, the license of any person who fails to file a tax |
| 13 | | return, to pay the tax, penalty, or interest shown in a filed |
| 14 | | tax return, or to pay any final assessment of tax, penalty, or |
| 15 | | interest, as required by any tax Act administered by the |
| 16 | | Illinois Department of Revenue, until such time as the |
| 17 | | requirements of the tax Act are satisfied in accordance with |
| 18 | | subsection (g) of Section 2105-15 of the Civil Administrative |
| 19 | | Code of Illinois. |
| 20 | | (e) The Department shall deny a license or renewal |
| 21 | | authorized by this Act to a person who has defaulted on an |
| 22 | | educational loan or scholarship provided or guaranteed by the |
| 23 | | Illinois Student Assistance Commission or any governmental |
| 24 | | agency of this State in accordance with item (5) of subsection |
| 25 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 26 | | Illinois. |
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| 1 | | (f) In cases where the Department of Healthcare and Family |
| 2 | | Services has previously determined that a licensee or a |
| 3 | | potential licensee is more than 30 days delinquent in the |
| 4 | | payment of child support and has subsequently certified the |
| 5 | | delinquency to the Department, the Department may refuse to |
| 6 | | issue or renew or may revoke or suspend that person's license |
| 7 | | or may take other disciplinary action against that person based |
| 8 | | solely upon the certification of delinquency made by the |
| 9 | | Department of Healthcare and Family Services in accordance with |
| 10 | | item (5) of subsection (a) (g) of Section 2105-15 of the Civil |
| 11 | | Administrative Code of Illinois. |
| 12 | | (g) The determination by a circuit court that a licensee is |
| 13 | | subject to involuntary admission or judicial admission, as |
| 14 | | provided in the Mental Health and Developmental Disabilities |
| 15 | | Code, operates as an automatic suspension. The suspension will |
| 16 | | end only upon a finding by a court that the patient is no |
| 17 | | longer subject to involuntary admission or judicial admission |
| 18 | | and the issuance of a court order so finding and discharging |
| 19 | | the patient. |
| 20 | | (h) In enforcing this Act, the Department, upon a showing |
| 21 | | of a possible violation, may compel an individual licensed to |
| 22 | | practice under this Act, or who has applied for licensure under |
| 23 | | this Act, to submit to a mental or physical examination, or |
| 24 | | both, as required by and at the expense of the Department. The |
| 25 | | Department may order the examining physician to present |
| 26 | | testimony concerning the mental or physical examination of the |
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| 1 | | licensee or applicant. No information shall be excluded by |
| 2 | | reason of any common law or statutory privilege relating to |
| 3 | | communications between the licensee or applicant and the |
| 4 | | examining physician. The examining physician shall be |
| 5 | | specifically designated by the Department. The individual to be |
| 6 | | examined may have, at his or her own expense, another physician |
| 7 | | of his or her choice present during all aspects of this |
| 8 | | examination. The examination shall be performed by a physician |
| 9 | | licensed to practice medicine in all its branches. Failure of |
| 10 | | an individual to submit to a mental or physical examination, |
| 11 | | when directed, shall result in an automatic suspension without |
| 12 | | hearing. |
| 13 | | A person holding a license under this Act or who has |
| 14 | | applied for a license under this Act, who, because of a |
| 15 | | physical or mental illness or disability, including, but not |
| 16 | | limited to, deterioration through the aging process or loss of |
| 17 | | motor skill, is unable to practice the profession with |
| 18 | | reasonable judgment, skill, or safety, may be required by the |
| 19 | | Department to submit to care, counseling, or treatment by |
| 20 | | physicians approved or designated by the Department as a |
| 21 | | condition, term, or restriction for continued, reinstated, or |
| 22 | | renewed licensure to practice. Submission to care, counseling, |
| 23 | | or treatment as required by the Department shall not be |
| 24 | | considered discipline of a license. If the licensee refuses to |
| 25 | | enter into a care, counseling, or treatment agreement or fails |
| 26 | | to abide by the terms of the agreement, the Department may file |
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| 1 | | a complaint to revoke, suspend, or otherwise discipline the |
| 2 | | license of the individual. The Secretary may order the license |
| 3 | | suspended immediately, pending a hearing by the Department. |
| 4 | | Fines shall not be assessed in disciplinary actions involving |
| 5 | | physical or mental illness or impairment. |
| 6 | | In instances in which the Secretary immediately suspends a |
| 7 | | person's license under this Section, a hearing on that person's |
| 8 | | license must be convened by the Department within 15 days after |
| 9 | | the suspension and completed without appreciable delay. The |
| 10 | | Department shall have the authority to review the subject |
| 11 | | individual's record of treatment and counseling regarding the |
| 12 | | impairment to the extent permitted by applicable federal |
| 13 | | statutes and regulations safeguarding the confidentiality of |
| 14 | | medical records. |
| 15 | | An individual licensed under this Act and affected under |
| 16 | | this Section shall be afforded an opportunity to demonstrate to |
| 17 | | the Department that he or she can resume practice in compliance |
| 18 | | with acceptable and prevailing standards under the provisions |
| 19 | | of his or her license. |
| 20 | | (Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12; |
| 21 | | revised 11-14-13.)
|
| 22 | | Section 500. The Private Detective, Private Alarm, Private |
| 23 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 24 | | amended by changing Section 25-20 as follows:
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| 1 | | (225 ILCS 447/25-20)
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| 2 | | (Section scheduled to be repealed on January 1, 2024)
|
| 3 | | Sec. 25-20. Training; private security contractor and
|
| 4 | | employees. |
| 5 | | (a) Registered employees of the private security
|
| 6 | | contractor agency who provide traditional guarding or other
|
| 7 | | private security related functions or who respond to alarm
|
| 8 | | systems shall complete, within 30 days of their employment, a
|
| 9 | | minimum of 20 hours of classroom basic training provided by a
|
| 10 | | qualified instructor, which shall include the following
|
| 11 | | subjects:
|
| 12 | | (1) The law regarding arrest and search and seizure
as |
| 13 | | it applies to private security.
|
| 14 | | (2) Civil and criminal liability for acts related
to |
| 15 | | private security.
|
| 16 | | (3) The use of force, including but not limited to
the |
| 17 | | use of nonlethal force (i.e., disabling spray, baton,
|
| 18 | | stungun or similar weapon).
|
| 19 | | (4) Arrest and control techniques.
|
| 20 | | (5) The offenses under the Criminal Code of 2012
that |
| 21 | | are directly related to the protection of persons and
|
| 22 | | property.
|
| 23 | | (6) The law on private security forces and on
reporting |
| 24 | | to law enforcement agencies.
|
| 25 | | (7) Fire prevention, fire equipment, and fire
safety.
|
| 26 | | (8) The procedures for
report writing.
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| 1 | | (9) Civil rights and public relations.
|
| 2 | | (10) The identification of terrorists, acts of |
| 3 | | terrorism, and terrorist organizations, as defined by |
| 4 | | federal and State statutes.
|
| 5 | | (b) All other employees of a private security contractor
|
| 6 | | agency shall complete a minimum of 20 hours of training
|
| 7 | | provided by the qualified instructor within 30 days of their
|
| 8 | | employment. The substance of the training shall be related to
|
| 9 | | the work performed by the registered employee.
|
| 10 | | (c) Registered employees of the private security |
| 11 | | contractor agency who
provide
guarding or other private |
| 12 | | security related functions, in addition to the
classroom |
| 13 | | training
required under subsection (a), within 6 months of |
| 14 | | their employment,
shall complete
an additional 8 hours of |
| 15 | | training on subjects to be determined by the
employer, which
|
| 16 | | training may be site-specific and may be conducted on the job.
|
| 17 | | (d) In addition to the basic training provided for in |
| 18 | | subsections (a) and
(c),
registered employees of the private |
| 19 | | security contractor agency who provide
guarding or other
|
| 20 | | private security related functions
shall complete an
|
| 21 | | additional
8 hours of refresher training on subjects to be |
| 22 | | determined by the
employer
each calendar year commencing with |
| 23 | | the
calendar year
following the employee's first employment |
| 24 | | anniversary date,
which
refresher training may be |
| 25 | | site-specific and may be conducted on the job.
|
| 26 | | (e) It is the responsibility of the employer to certify,
on |
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| 1 | | a form provided by the Department, that the employee has
|
| 2 | | successfully completed the basic and refresher training. The
|
| 3 | | form shall be a permanent record of training completed by the
|
| 4 | | employee and shall be placed in the employee's file with the
|
| 5 | | employer for the period the employee remains with the
employer. |
| 6 | | An agency may place a notarized copy of the
Department form in |
| 7 | | lieu of the original into the permanent
employee registration |
| 8 | | card file. The original form shall be
given to the employee |
| 9 | | when his or her employment is
terminated. Failure to return the |
| 10 | | original form to the
employee is grounds for disciplinary |
| 11 | | action. The employee
shall not be required to repeat the |
| 12 | | required training once the
employee has been issued the form. |
| 13 | | An employer may provide or
require additional training.
|
| 14 | | (f) Any certification of completion of the 20-hour basic
|
| 15 | | training issued under the Private Detective, Private Alarm,
|
| 16 | | Private Security and Locksmith Act of 1993 or any prior Act
|
| 17 | | shall be accepted as proof of training under this Act.
|
| 18 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13; |
| 19 | | revised 9-24-13.)
|
| 20 | | Section 505. The Illinois Public Accounting Act is amended |
| 21 | | by changing Sections 2.1 and 28 as follows:
|
| 22 | | (225 ILCS 450/2.1) (from Ch. 111, par. 5503)
|
| 23 | | (Section scheduled to be repealed on January 1, 2024)
|
| 24 | | Sec. 2.1. Illinois Administrative Procedure Act. The |
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| 1 | | Illinois Administrative Procedure
Act is hereby expressly |
| 2 | | adopted and incorporated herein as if all of the
provisions of |
| 3 | | that Act were included in this Act, except that the provision |
| 4 | | of
subsection (d) of Section 10-65 of the Illinois |
| 5 | | Administrative Procedure Act
that provides that at hearings the |
| 6 | | licensee has the right to show compliance
with all lawful |
| 7 | | requirements for retention, continuation or renewal of the
|
| 8 | | license is specifically excluded. For the purposes of this Act |
| 9 | | the notice
required under Section 10-25 of the Illinois |
| 10 | | Administrative Procedure Act is deemed
sufficient when mailed |
| 11 | | to the licensee's address of record.
|
| 12 | | (Source: P.A. 98-254, eff. 8-9-13; revised 11-14-13.)
|
| 13 | | (225 ILCS 450/28) (from Ch. 111, par. 5534)
|
| 14 | | (Section scheduled to be repealed on January 1, 2024)
|
| 15 | | Sec. 28. Criminal penalties. Each of the following acts |
| 16 | | perpetrated in the State
of Illinois is a Class A misdemeanor: .
|
| 17 | | (a) the practice of accountancy activities as defined |
| 18 | | in paragraph (1) of subsection (a) of Section 8.05 without |
| 19 | | an active CPA license in
violation of the provisions of |
| 20 | | this Act;
|
| 21 | | (b) the obtaining or attempting to obtain licensure as |
| 22 | | a licensed CPA
or registration as a registered CPA by |
| 23 | | fraud;
|
| 24 | | (c) the use of the title "Certified Public Accountant", |
| 25 | | "public accountant", or the abbreviation "C.P.A.", "RCPA", |
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| 1 | | "LCPA", "PA" or use of any similar words or letters |
| 2 | | indicating the user is a certified public accountant, or |
| 3 | | the title "Registered Certified Public Accountant"; |
| 4 | | (c-5) (blank);
|
| 5 | | (d) the use of the title
"Certified Public Accountant", |
| 6 | | "public accountant", or the
abbreviation "C.P.A.", "RCPA", |
| 7 | | "LCPA", "PA" or any similar words or letters indicating |
| 8 | | that the
members are certified public accountants, by any |
| 9 | | partnership, limited liability company, corporation, or |
| 10 | | other entity in violation of this Act;
|
| 11 | | (e) the unauthorized practice in the performance of |
| 12 | | accountancy activities as defined in Section 8.05 and in |
| 13 | | violation of this Act;
|
| 14 | | (f) (blank);
|
| 15 | | (g) making false statements to the Department
|
| 16 | | regarding
compliance with
continuing professional |
| 17 | | education or peer review requirements;
|
| 18 | | (h) (Blank). |
| 19 | | (Source: P.A. 98-254, eff. 8-9-13; revised 11-12-13.)
|
| 20 | | Section 510. The Real Estate License Act of 2000 is amended |
| 21 | | by changing Sections 5-32 and 20-20 as follows:
|
| 22 | | (225 ILCS 454/5-32) |
| 23 | | (Section scheduled to be repealed on January 1, 2020) |
| 24 | | Sec. 5-32. Real estate auction certification. |
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| 1 | | (a) An auctioneer licensed under the Auction License Act |
| 2 | | who does not possess a valid and active broker's or managing |
| 3 | | broker's license under this Act, or who is not otherwise exempt |
| 4 | | from licensure, may not engage in the practice of auctioning |
| 5 | | real estate, except as provided in this Section. |
| 6 | | (b) The Department shall issue a real estate auction |
| 7 | | certification to applicants who: |
| 8 | | (1) possess a valid auctioneer's license under the |
| 9 | | Auction License Act; |
| 10 | | (2) successfully complete a real estate auction course |
| 11 | | of at least 30 hours approved by the Department, which |
| 12 | | shall cover the scope of activities that may be engaged in |
| 13 | | by a person holding a real estate auction certification and |
| 14 | | the activities for which a person must hold a real estate |
| 15 | | license, as well as other material as provided by the |
| 16 | | Department; |
| 17 | | (3) provide documentation of the completion of the real |
| 18 | | estate auction course; and |
| 19 | | (4) successfully complete any other reasonable |
| 20 | | requirements as provided by rule. |
| 21 | | (c) The auctioneer's role shall be limited to establishing |
| 22 | | the time, place, and method of the real estate auction, placing |
| 23 | | advertisements regarding the auction, and crying or calling the |
| 24 | | auction; any other real estate brokerage activities must be |
| 25 | | performed by a person holding a valid and active real estate |
| 26 | | broker's or managing broker's license under the provisions of |
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| 1 | | this Act or by a person who is exempt from holding a license |
| 2 | | under paragraph (13) of Section 5-20 who has a certificate |
| 3 | | under this Section. |
| 4 | | (d) An auctioneer who conducts any real estate auction |
| 5 | | activities in violation of this Section is guilty of unlicensed |
| 6 | | practice under Section 20-10 of this Act. |
| 7 | | (e) The Department may revoke, suspend, or otherwise |
| 8 | | discipline the real estate auction certification of an |
| 9 | | auctioneer who is adjudicated to be in violation of the |
| 10 | | provisions of this Section or Section 20-15 of the Auction |
| 11 | | License Act. |
| 12 | | (f) Advertising for the real estate auction must contain |
| 13 | | the name and address of the licensed real estate broker, |
| 14 | | managing broker, or a licensed auctioneer under paragraph (13) |
| 15 | | of Section 5-20 of this Act who is providing brokerage services |
| 16 | | for the transaction. |
| 17 | | (g) The requirement to hold a real estate auction |
| 18 | | certification shall not apply to a person exempt from this Act |
| 19 | | under the provisions of paragraph (13) of Section subsection |
| 20 | | 5-20 of this Act, unless that person is performing licensed |
| 21 | | activities in a transaction in which a licensed auctioneer with |
| 22 | | a real estate certification is providing the limited services |
| 23 | | provided for in subsection (c) of this Section. |
| 24 | | (h) Nothing in this Section shall require a person licensed |
| 25 | | under this Act as a real estate broker or managing broker to |
| 26 | | obtain a real estate auction certification in order to auction |
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| 1 | | real estate. |
| 2 | | (i) The Department may adopt rules to implement this |
| 3 | | Section.
|
| 4 | | (Source: P.A. 98-553, eff. 1-1-14; revised 11-15-13.)
|
| 5 | | (225 ILCS 454/20-20)
|
| 6 | | (Section scheduled to be repealed on January 1, 2020)
|
| 7 | | Sec. 20-20. Grounds for discipline. |
| 8 | | (a) The Department may refuse to issue or renew a license, |
| 9 | | may place on probation, suspend,
or
revoke any
license, |
| 10 | | reprimand, or take any other disciplinary or non-disciplinary |
| 11 | | action as the Department may deem proper and impose a
fine not |
| 12 | | to exceed
$25,000 upon any licensee or applicant under this Act |
| 13 | | or any person who holds himself or herself out as an applicant |
| 14 | | or licensee or against a licensee in handling his or her own |
| 15 | | property, whether held by deed, option, or otherwise, for any |
| 16 | | one or any combination of the
following causes:
|
| 17 | | (1) Fraud or misrepresentation in applying for, or |
| 18 | | procuring, a license under this Act or in connection with |
| 19 | | applying for renewal of a license under this Act.
|
| 20 | | (2) The conviction of or plea of guilty or plea of nolo |
| 21 | | contendere to a felony or misdemeanor in this State or any |
| 22 | | other jurisdiction; or the entry of an administrative |
| 23 | | sanction by a government agency in this State or any other |
| 24 | | jurisdiction. Action taken under this paragraph (2) for a |
| 25 | | misdemeanor or an administrative sanction is limited to a |
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| 1 | | misdemeanor or administrative sanction that has as an
|
| 2 | | essential element dishonesty or fraud or involves larceny, |
| 3 | | embezzlement,
or obtaining money, property, or credit by |
| 4 | | false pretenses or by means of a
confidence
game.
|
| 5 | | (3) Inability to practice the profession with |
| 6 | | reasonable judgment, skill, or safety as a result of a |
| 7 | | physical illness, including, but not limited to, |
| 8 | | deterioration through the aging process or loss of motor |
| 9 | | skill, or a mental illness or disability.
|
| 10 | | (4) Practice under this Act as a licensee in a retail |
| 11 | | sales establishment from an office, desk, or space that
is |
| 12 | | not
separated from the main retail business by a separate |
| 13 | | and distinct area within
the
establishment.
|
| 14 | | (5) Having been disciplined by another state, the |
| 15 | | District of Columbia, a territory, a foreign nation, or a |
| 16 | | governmental agency authorized to impose discipline if at |
| 17 | | least one of the grounds for that discipline is the same as |
| 18 | | or
the
equivalent of one of the grounds for which a |
| 19 | | licensee may be disciplined under this Act. A certified |
| 20 | | copy of the record of the action by the other state or |
| 21 | | jurisdiction shall be prima facie evidence thereof.
|
| 22 | | (6) Engaging in the practice of real estate brokerage
|
| 23 | | without a
license or after the licensee's license was |
| 24 | | expired or while the license was
inoperative.
|
| 25 | | (7) Cheating on or attempting to subvert the Real
|
| 26 | | Estate License Exam or continuing education exam. |
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| 1 | | (8) Aiding or abetting an applicant
to
subvert or cheat |
| 2 | | on the Real Estate License Exam or continuing education |
| 3 | | exam
administered pursuant to this Act.
|
| 4 | | (9) Advertising that is inaccurate, misleading, or |
| 5 | | contrary to the provisions of the Act.
|
| 6 | | (10) Making any substantial misrepresentation or |
| 7 | | untruthful advertising.
|
| 8 | | (11) Making any false promises of a character likely to |
| 9 | | influence,
persuade,
or induce.
|
| 10 | | (12) Pursuing a continued and flagrant course of |
| 11 | | misrepresentation or the
making
of false promises through |
| 12 | | licensees, employees, agents, advertising, or
otherwise.
|
| 13 | | (13) Any misleading or untruthful advertising, or |
| 14 | | using any trade name or
insignia of membership in any real |
| 15 | | estate organization of which the licensee is
not a member.
|
| 16 | | (14) Acting for more than one party in a transaction |
| 17 | | without providing
written
notice to all parties for whom |
| 18 | | the licensee acts.
|
| 19 | | (15) Representing or attempting to represent a broker |
| 20 | | other than the
sponsoring broker.
|
| 21 | | (16) Failure to account for or to remit any moneys or |
| 22 | | documents coming into
his or her possession that belong to |
| 23 | | others.
|
| 24 | | (17) Failure to maintain and deposit in a special |
| 25 | | account, separate and
apart from
personal and other |
| 26 | | business accounts, all escrow moneys belonging to others
|
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| 1 | | entrusted to a licensee
while acting as a real estate |
| 2 | | broker, escrow agent, or temporary custodian of
the funds |
| 3 | | of others or
failure to maintain all escrow moneys on |
| 4 | | deposit in the account until the
transactions are
|
| 5 | | consummated or terminated, except to the extent that the |
| 6 | | moneys, or any part
thereof, shall be: |
| 7 | | (A)
disbursed prior to the consummation or |
| 8 | | termination (i) in accordance with
the
written |
| 9 | | direction of
the principals to the transaction or their |
| 10 | | duly authorized agents, (ii) in accordance with
|
| 11 | | directions providing for the
release, payment, or |
| 12 | | distribution of escrow moneys contained in any written
|
| 13 | | contract signed by the
principals to the transaction or |
| 14 | | their duly authorized agents,
or (iii)
pursuant to an |
| 15 | | order of a court of competent
jurisdiction; or |
| 16 | | (B) deemed abandoned and transferred to the Office |
| 17 | | of the State Treasurer to be handled as unclaimed |
| 18 | | property pursuant to the Uniform Disposition of |
| 19 | | Unclaimed Property Act. Escrow moneys may be deemed |
| 20 | | abandoned under this subparagraph (B) only: (i) in the |
| 21 | | absence of disbursement under subparagraph (A); (ii) |
| 22 | | in the absence of notice of the filing of any claim in |
| 23 | | a court of competent jurisdiction; and (iii) if 6 |
| 24 | | months have elapsed after the receipt of a written |
| 25 | | demand for the escrow moneys from one of the principals |
| 26 | | to the transaction or the principal's duly authorized |
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| 1 | | agent.
|
| 2 | | The account
shall be noninterest
bearing, unless the |
| 3 | | character of the deposit is such that payment of interest
|
| 4 | | thereon is otherwise
required by law or unless the |
| 5 | | principals to the transaction specifically
require, in |
| 6 | | writing, that the
deposit be placed in an interest bearing |
| 7 | | account.
|
| 8 | | (18) Failure to make available to the Department all |
| 9 | | escrow records and related documents
maintained in |
| 10 | | connection
with the practice of real estate within 24 hours |
| 11 | | of a request for those
documents by Department personnel.
|
| 12 | | (19) Failing to furnish copies upon request of |
| 13 | | documents relating to a
real
estate transaction to a party |
| 14 | | who has executed that document.
|
| 15 | | (20) Failure of a sponsoring broker to timely provide |
| 16 | | information, sponsor
cards,
or termination of licenses to |
| 17 | | the Department.
|
| 18 | | (21) Engaging in dishonorable, unethical, or |
| 19 | | unprofessional conduct of a
character
likely to deceive, |
| 20 | | defraud, or harm the public.
|
| 21 | | (22) Commingling the money or property of others with |
| 22 | | his or her own money or property.
|
| 23 | | (23) Employing any person on a purely temporary or |
| 24 | | single deal basis as a
means
of evading the law regarding |
| 25 | | payment of commission to nonlicensees on some
contemplated
|
| 26 | | transactions.
|
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| 1 | | (24) Permitting the use of his or her license as a |
| 2 | | broker to enable a
salesperson or
unlicensed person to |
| 3 | | operate a real estate business without actual
|
| 4 | | participation therein and control
thereof by the broker.
|
| 5 | | (25) Any other conduct, whether of the same or a |
| 6 | | different character from
that
specified in this Section, |
| 7 | | that constitutes dishonest dealing.
|
| 8 | | (26) Displaying a "for rent" or "for sale" sign on any |
| 9 | | property without
the written
consent of an owner or his or |
| 10 | | her duly authorized agent or advertising by any
means that |
| 11 | | any property is
for sale or for rent without the written |
| 12 | | consent of the owner or his or her
authorized agent.
|
| 13 | | (27) Failing to provide information requested by the |
| 14 | | Department, or otherwise respond to that request, within 30 |
| 15 | | days of
the
request.
|
| 16 | | (28) Advertising by means of a blind advertisement, |
| 17 | | except as otherwise
permitted in Section 10-30 of this Act.
|
| 18 | | (29) Offering guaranteed sales plans, as defined in |
| 19 | | clause (A) of
this subdivision (29), except to
the extent |
| 20 | | hereinafter set forth:
|
| 21 | | (A) A "guaranteed sales plan" is any real estate |
| 22 | | purchase or sales plan
whereby a licensee enters into a |
| 23 | | conditional or unconditional written contract
with a |
| 24 | | seller, prior to entering into a brokerage agreement |
| 25 | | with the seller, by the
terms of which a licensee |
| 26 | | agrees to purchase a property of the seller within a
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| 1 | | specified period of time
at a specific price in the |
| 2 | | event the property is not sold in accordance with
the |
| 3 | | terms of a brokerage agreement to be entered into |
| 4 | | between the sponsoring broker and the seller.
|
| 5 | | (B) A licensee offering a guaranteed sales plan |
| 6 | | shall provide the
details
and conditions of the plan in |
| 7 | | writing to the party to whom the plan is
offered.
|
| 8 | | (C) A licensee offering a guaranteed sales plan |
| 9 | | shall provide to the
party
to whom the plan is offered |
| 10 | | evidence of sufficient financial resources to
satisfy |
| 11 | | the commitment to
purchase undertaken by the broker in |
| 12 | | the plan.
|
| 13 | | (D) Any licensee offering a guaranteed sales plan |
| 14 | | shall undertake to
market the property of the seller |
| 15 | | subject to the plan in the same manner in
which the |
| 16 | | broker would
market any other property, unless the |
| 17 | | agreement with the seller provides
otherwise.
|
| 18 | | (E) The licensee cannot purchase seller's property |
| 19 | | until the brokerage agreement has ended according to |
| 20 | | its terms or is otherwise terminated. |
| 21 | | (F) Any licensee who fails to perform on a |
| 22 | | guaranteed sales plan in
strict accordance with its |
| 23 | | terms shall be subject to all the penalties provided
in |
| 24 | | this Act for
violations thereof and, in addition, shall |
| 25 | | be subject to a civil fine payable
to the party injured |
| 26 | | by the
default in an amount of up to $25,000.
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| 1 | | (30) Influencing or attempting to influence, by any |
| 2 | | words or acts, a
prospective
seller, purchaser, occupant, |
| 3 | | landlord, or tenant of real estate, in connection
with |
| 4 | | viewing, buying, or
leasing real estate, so as to promote |
| 5 | | or tend to promote the continuance
or maintenance of
|
| 6 | | racially and religiously segregated housing or so as to |
| 7 | | retard, obstruct, or
discourage racially
integrated |
| 8 | | housing on or in any street, block, neighborhood, or |
| 9 | | community.
|
| 10 | | (31) Engaging in any act that constitutes a violation |
| 11 | | of any provision of
Article 3 of the Illinois Human Rights |
| 12 | | Act, whether or not a complaint has
been filed with or
|
| 13 | | adjudicated by the Human Rights Commission.
|
| 14 | | (32) Inducing any party to a contract of sale or lease |
| 15 | | or brokerage
agreement to
break the contract of sale or |
| 16 | | lease or brokerage agreement for the purpose of
|
| 17 | | substituting, in lieu
thereof, a new contract for sale or |
| 18 | | lease or brokerage agreement with a third
party.
|
| 19 | | (33) Negotiating a sale, exchange, or lease of real |
| 20 | | estate directly with
any person
if the licensee knows that |
| 21 | | the person has an exclusive brokerage
agreement with |
| 22 | | another
broker, unless specifically authorized by that |
| 23 | | broker.
|
| 24 | | (34) When a licensee is also an attorney, acting as the |
| 25 | | attorney for
either the
buyer or the seller in the same |
| 26 | | transaction in which the licensee is acting or
has acted as |
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| 1 | | a broker
or salesperson.
|
| 2 | | (35) Advertising or offering merchandise or services |
| 3 | | as free if any
conditions or
obligations necessary for |
| 4 | | receiving the merchandise or services are not
disclosed in |
| 5 | | the same
advertisement or offer. These conditions or |
| 6 | | obligations include without
limitation the
requirement |
| 7 | | that the recipient attend a promotional activity or visit a |
| 8 | | real
estate site. As used in this
subdivision (35), "free" |
| 9 | | includes terms such as "award", "prize", "no charge",
"free |
| 10 | | of charge",
"without charge", and similar words or phrases |
| 11 | | that reasonably lead a person to
believe that he or she
may |
| 12 | | receive or has been selected to receive something of value, |
| 13 | | without any
conditions or
obligations on the part of the |
| 14 | | recipient.
|
| 15 | | (36) Disregarding or violating any provision of the |
| 16 | | Land Sales
Registration Act of 1989, the Illinois Real |
| 17 | | Estate
Time-Share Act, or the published rules promulgated |
| 18 | | by the Department to enforce
those Acts.
|
| 19 | | (37) Violating the terms of a disciplinary order
issued |
| 20 | | by the Department.
|
| 21 | | (38) Paying or failing to disclose compensation in |
| 22 | | violation of Article 10 of this Act.
|
| 23 | | (39) Requiring a party to a transaction who is not a |
| 24 | | client of the
licensee
to allow the licensee to retain a |
| 25 | | portion of the escrow moneys for payment of
the licensee's |
| 26 | | commission or expenses as a condition for release of the |
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| 1 | | escrow
moneys to that party.
|
| 2 | | (40) Disregarding or violating any provision of this |
| 3 | | Act or the published
rules
promulgated by the Department to |
| 4 | | enforce this Act or aiding or abetting any individual,
|
| 5 | | partnership, registered limited liability partnership, |
| 6 | | limited liability
company, or corporation in
disregarding |
| 7 | | any provision of this Act or the published rules |
| 8 | | promulgated by the Department
to enforce this Act.
|
| 9 | | (41) Failing to provide the minimum services required |
| 10 | | by Section 15-75 of this Act when acting under an exclusive |
| 11 | | brokerage agreement.
|
| 12 | | (42) Habitual or excessive use or addiction to alcohol, |
| 13 | | narcotics, stimulants, or any other chemical agent or drug |
| 14 | | that results in a managing broker, broker, salesperson, or |
| 15 | | leasing agent's inability to practice with reasonable |
| 16 | | skill or safety. |
| 17 | | (43) Enabling, aiding, or abetting an auctioneer, as |
| 18 | | defined in the Auction License Act, to conduct a real |
| 19 | | estate auction in a manner that is in violation of this |
| 20 | | Act. |
| 21 | | (b) The Department may refuse to issue or renew or may |
| 22 | | suspend the license of any person who fails to file a return, |
| 23 | | pay the tax, penalty or interest shown in a filed return, or |
| 24 | | pay any final assessment of tax, penalty, or interest, as |
| 25 | | required by any tax Act administered by the Department of |
| 26 | | Revenue, until such time as the requirements of that tax Act |
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| 1 | | are satisfied in accordance with subsection (g) of Section |
| 2 | | 2105-15 of the Civil Administrative Code of Illinois. |
| 3 | | (c) The Department shall deny a license or renewal |
| 4 | | authorized by this Act to a person who has defaulted on an |
| 5 | | educational loan or scholarship provided or guaranteed by the |
| 6 | | Illinois Student Assistance Commission or any governmental |
| 7 | | agency of this State in accordance with item (5) of subsection |
| 8 | | (a) (g) of Section 2105-15 of the Civil Administrative Code of |
| 9 | | Illinois. |
| 10 | | (d) In cases where the Department of Healthcare and Family |
| 11 | | Services (formerly Department of Public Aid) has previously |
| 12 | | determined that a licensee or a potential licensee is more than |
| 13 | | 30 days delinquent in the payment of child support and has |
| 14 | | subsequently certified the delinquency to the Department may |
| 15 | | refuse to issue or renew or may revoke or suspend that person's |
| 16 | | license or may take other disciplinary action against that |
| 17 | | person based solely upon the certification of delinquency made |
| 18 | | by the Department of Healthcare and Family Services in |
| 19 | | accordance with item (5) of subsection (a) (g) of Section |
| 20 | | 2105-15 of the Civil Administrative Code of Illinois. |
| 21 | | (e) In enforcing this Section, the Department or Board upon |
| 22 | | a showing of a possible violation may compel an individual |
| 23 | | licensed to practice under this Act, or who has applied for |
| 24 | | licensure under this Act, to submit to a mental or physical |
| 25 | | examination, or both, as required by and at the expense of the |
| 26 | | Department. The Department or Board may order the examining |
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| 1 | | physician to present testimony concerning the mental or |
| 2 | | physical examination of the licensee or applicant. No |
| 3 | | information shall be excluded by reason of any common law or |
| 4 | | statutory privilege relating to communications between the |
| 5 | | licensee or applicant and the examining physician. The |
| 6 | | examining physicians shall be specifically designated by the |
| 7 | | Board or Department. The individual to be examined may have, at |
| 8 | | his or her own expense, another physician of his or her choice |
| 9 | | present during all aspects of this examination. Failure of an |
| 10 | | individual to submit to a mental or physical examination, when |
| 11 | | directed, shall be grounds for suspension of his or her license |
| 12 | | until the individual submits to the examination if the |
| 13 | | Department finds, after notice and hearing, that the refusal to |
| 14 | | submit to the examination was without reasonable cause. |
| 15 | | If the Department or Board finds an individual unable to |
| 16 | | practice because of the reasons set forth in this Section, the |
| 17 | | Department or Board may require that individual to submit to |
| 18 | | care, counseling, or treatment by physicians approved or |
| 19 | | designated by the Department or Board, as a condition, term, or |
| 20 | | restriction for continued, reinstated, or renewed licensure to |
| 21 | | practice; or, in lieu of care, counseling, or treatment, the |
| 22 | | Department may file, or the Board may recommend to the |
| 23 | | Department to file, a complaint to immediately suspend, revoke, |
| 24 | | or otherwise discipline the license of the individual. An |
| 25 | | individual whose license was granted, continued, reinstated, |
| 26 | | renewed, disciplined or supervised subject to such terms, |
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| 1 | | conditions, or restrictions, and who fails to comply with such |
| 2 | | terms, conditions, or restrictions, shall be referred to the |
| 3 | | Secretary for a determination as to whether the individual |
| 4 | | shall have his or her license suspended immediately, pending a |
| 5 | | hearing by the Department. |
| 6 | | In instances in which the Secretary immediately suspends a |
| 7 | | person's license under this Section, a hearing on that person's |
| 8 | | license must be convened by the Department within 30 days after |
| 9 | | the suspension and completed without appreciable delay. The |
| 10 | | Department and Board shall have the authority to review the |
| 11 | | subject individual's record of treatment and counseling |
| 12 | | regarding the impairment to the extent permitted by applicable |
| 13 | | federal statutes and regulations safeguarding the |
| 14 | | confidentiality of medical records. |
| 15 | | An individual licensed under this Act and affected under |
| 16 | | this Section shall be afforded an opportunity to demonstrate to |
| 17 | | the Department or Board that he or she can resume practice in |
| 18 | | compliance with acceptable and prevailing standards under the |
| 19 | | provisions of his or her license. |
| 20 | | (Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12; |
| 21 | | 98-553, eff. 1-1-14; revised 11-14-13.)
|
| 22 | | Section 515. The Hydraulic Fracturing Regulatory Act is |
| 23 | | amended by changing Sections 1-15, 1-35, 1-60, 1-70, 1-75, and |
| 24 | | 1-95 as follows:
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| 1 | | (225 ILCS 732/1-15)
|
| 2 | | Sec. 1-15. Powers and duties. |
| 3 | | (a) Except as otherwise provided, the Department shall |
| 4 | | enforce this Act and all rules and orders adopted in accordance |
| 5 | | with this Act.
|
| 6 | | (b) Except as otherwise provided, the Department shall have |
| 7 | | jurisdiction and authority over all persons and property |
| 8 | | necessary to enforce the provisions of this Act effectively. In |
| 9 | | aid of this jurisdiction, the Director, or anyone designated in |
| 10 | | writing by the Director, shall have the authority to administer |
| 11 | | oaths and to issue subpoenas for the production of records or |
| 12 | | other documents and for the attendance of witnesses at any |
| 13 | | proceedings of the Department.
|
| 14 | | (c) The Department may authorize any employee of the |
| 15 | | Department, qualified by training and experience, to perform |
| 16 | | the powers and duties set forth in this Act.
|
| 17 | | (d) For the purpose of determining compliance with the |
| 18 | | provisions of this Act and any orders or rules entered or |
| 19 | | adopted under this Act, the Department shall have the right at |
| 20 | | all times to go upon and inspect properties where high volume |
| 21 | | horizontal hydraulic fracturing operations are being or have |
| 22 | | been conducted.
|
| 23 | | (e) The Department shall make any inquiries as it may deem |
| 24 | | proper to determine whether a violation of this Act or any |
| 25 | | orders or rules entered or adopted under this Act exists or is |
| 26 | | imminent. In the exercise of these powers, the Department shall |
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| 1 | | have the authority to collect data; to require testing and |
| 2 | | sampling; to make investigation and inspections; to examine |
| 3 | | properties, including records and logs; to examine, check, and |
| 4 | | test hydrocarbon wells; to hold hearings; to adopt |
| 5 | | administrative rules; and to take any action as may be |
| 6 | | reasonably necessary to enforce this Act.
|
| 7 | | (f) Except as otherwise provided, the Department may |
| 8 | | specify the manner in which all information required to be |
| 9 | | submitted under this Act is submitted.
|
| 10 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-18-13.)
|
| 11 | | (225 ILCS 732/1-35)
|
| 12 | | Sec. 1-35. High volume horizontal hydraulic fracturing |
| 13 | | permit application. |
| 14 | | (a) Every applicant for a permit under this Act shall first |
| 15 | | register with the Department at least 30 days before applying |
| 16 | | for a permit. The Department shall make available a |
| 17 | | registration form within 90 days after the effective date of |
| 18 | | this Act. The registration form shall require the following |
| 19 | | information:
|
| 20 | | (1) the name and address of the registrant and any |
| 21 | | parent, subsidiary, or affiliate thereof;
|
| 22 | | (2) disclosure of all findings of a serious violation |
| 23 | | or an equivalent violation under federal or state laws or |
| 24 | | regulations in the development or operation of an oil or |
| 25 | | gas exploration or production site via hydraulic |
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| 1 | | fracturing by the applicant or any parent, subsidiary, or |
| 2 | | affiliate thereof within the previous 5 years; and
|
| 3 | | (3) proof of insurance to cover injuries, damages, or |
| 4 | | loss related to pollution or diminution in the amount of at |
| 5 | | least $5,000,000, from an insurance carrier authorized, |
| 6 | | licensed, or permitted to do this insurance business in |
| 7 | | this State that holds at least an A- rating by A.M. Best & |
| 8 | | Co. or any comparable rating service.
|
| 9 | | A registrant must notify the Department of any change in |
| 10 | | the information identified in paragraphs (1), (2), or (3) of |
| 11 | | this subsection (a) at least annually or upon request of the |
| 12 | | Department.
|
| 13 | | (b) Every applicant for a permit under this Act must submit |
| 14 | | the following information to the Department on an application |
| 15 | | form provided by the Department:
|
| 16 | | (1) the name and address of the applicant and any |
| 17 | | parent, subsidiary, or affiliate thereof;
|
| 18 | | (2) the proposed well name and address and legal |
| 19 | | description of the well site and its unit area;
|
| 20 | | (3) a statement whether the proposed location of the |
| 21 | | well site is in compliance with the requirements of Section |
| 22 | | 1-25 of this Act and a plat, which shows the proposed |
| 23 | | surface location of the well site, providing the distance |
| 24 | | in feet, from the surface location of the well site to the |
| 25 | | features described in subsection (a) of Section 1-25 of |
| 26 | | this Act;
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| 1 | | (4) a detailed description of the proposed well to be |
| 2 | | used for the high volume horizontal hydraulic fracturing |
| 3 | | operations including, but not limited to, the following |
| 4 | | information:
|
| 5 | | (A) the approximate total depth to which the well |
| 6 | | is to be drilled or deepened;
|
| 7 | | (B) the proposed angle and direction of the well;
|
| 8 | | (C) the actual depth or the approximate depth at |
| 9 | | which the well to be drilled deviates from vertical;
|
| 10 | | (D) the angle and direction of any nonvertical |
| 11 | | portion of the wellbore until the well reaches its |
| 12 | | total target depth or its actual final depth; and
|
| 13 | | (E) the estimated length and direction of the |
| 14 | | proposed horizontal lateral or wellbore;
|
| 15 | | (5) the estimated depth and elevation, according to the |
| 16 | | most recent publication of the Illinois State Geological |
| 17 | | Survey of Groundwater for the location of the well, of the |
| 18 | | lowest potential fresh water along the entire length of the |
| 19 | | proposed wellbore;
|
| 20 | | (6) a detailed description of the proposed high volume |
| 21 | | horizontal hydraulic fracturing operations, including, but |
| 22 | | not limited to, the following:
|
| 23 | | (A) the formation affected by the high volume |
| 24 | | horizontal hydraulic fracturing operations, including, |
| 25 | | but not limited to, geologic name and geologic |
| 26 | | description of the formation that will be stimulated by |
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| 1 | | the operation;
|
| 2 | | (B) the anticipated surface treating pressure |
| 3 | | range;
|
| 4 | | (C) the maximum anticipated injection treating |
| 5 | | pressure;
|
| 6 | | (D) the estimated or calculated fracture pressure |
| 7 | | of the producing and confining zones; and
|
| 8 | | (E) the planned depth of all proposed perforations |
| 9 | | or depth to the top of the open hole section;
|
| 10 | | (7) a plat showing all known previous wellbores well |
| 11 | | bores within 750 feet of any part of the horizontal |
| 12 | | wellbore well bore that penetrated within 400 vertical feet |
| 13 | | of the formation that will be stimulated as part of the |
| 14 | | high volume horizontal hydraulic fracturing operations;
|
| 15 | | (8) unless the applicant documents why the information |
| 16 | | is not available at the time the application is submitted, |
| 17 | | a chemical disclosure report identifying each chemical and |
| 18 | | proppant anticipated to be used in hydraulic fracturing |
| 19 | | fluid for each stage of the hydraulic fracturing operations |
| 20 | | including the following:
|
| 21 | | (A) the total volume of water anticipated to be |
| 22 | | used in the hydraulic fracturing treatment of the well |
| 23 | | or the type and total volume of the base fluid |
| 24 | | anticipated to be used in the hydraulic fracturing |
| 25 | | treatment, if something other than water;
|
| 26 | | (B) each hydraulic fracturing additive anticipated |
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| 1 | | to be used in the hydraulic fracturing fluid, including |
| 2 | | the trade name, vendor, a brief descriptor of the |
| 3 | | intended use or function of each hydraulic fracturing |
| 4 | | additive, and the Material Safety Data Sheet (MSDS), if |
| 5 | | applicable;
|
| 6 | | (C) each chemical anticipated to be intentionally |
| 7 | | added to the base fluid, including for each chemical, |
| 8 | | the Chemical Abstracts Service number, if applicable; |
| 9 | | and
|
| 10 | | (D) the anticipated concentration in the base |
| 11 | | fluid, in percent by mass, of each chemical to be |
| 12 | | intentionally added to the base fluid;
|
| 13 | | (9) a certification of compliance with the Water Use |
| 14 | | Act of 1983 and applicable regional water supply plans;
|
| 15 | | (10) a fresh water withdrawal and management plan that |
| 16 | | shall include the following information:
|
| 17 | | (A) the source of the water, such as surface or |
| 18 | | groundwater, anticipated to be used for water |
| 19 | | withdrawals, and the anticipated withdrawal location;
|
| 20 | | (B) the anticipated volume and rate of each water |
| 21 | | withdrawal from each withdrawal location; |
| 22 | | (C) the anticipated months when water withdrawals |
| 23 | | shall be made from each withdrawal location;
|
| 24 | | (D) the methods to be used to minimize water |
| 25 | | withdrawals as much as feasible; and
|
| 26 | | (E) the methods to be used for surface water |
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| 1 | | withdrawals to minimize adverse impact to aquatic |
| 2 | | life. |
| 3 | | Where a surface water source is wholly contained within |
| 4 | | a single property, and the owner of the property expressly |
| 5 | | agrees in writing to its use for water withdrawals, the |
| 6 | | applicant is not required to include this surface water |
| 7 | | source in the fresh water withdrawal and management plan; .
|
| 8 | | (11) a plan for the handling, storage, transportation, |
| 9 | | and disposal or reuse of hydraulic fracturing fluids and |
| 10 | | hydraulic fracturing flowback. The plan shall identify the |
| 11 | | specific Class II injection well or wells that will be used |
| 12 | | to dispose of the hydraulic fracturing flowback. The plan |
| 13 | | shall describe the capacity of the tanks to be used for the |
| 14 | | capture and storage of flowback and of the lined reserve |
| 15 | | pit to be used, if necessary, to temporarily store any |
| 16 | | flowback in excess of the capacity of the tanks. |
| 17 | | Identification of the Class II injection well or wells |
| 18 | | shall be by name, identification number, and specific |
| 19 | | location and shall include the date of the most recent |
| 20 | | mechanical integrity test for each Class II injection well;
|
| 21 | | (12) a well site safety plan to address proper safety |
| 22 | | measures to be employed during high volume horizontal |
| 23 | | hydraulic fracturing operations for the protection of |
| 24 | | persons on the site as well as the general public. Within |
| 25 | | 15 calendar days after submitting the permit application to |
| 26 | | the Department, the applicant must provide a copy of the |
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| 1 | | plan to the county or counties in which hydraulic |
| 2 | | fracturing operations will occur. Within 5 calendar days of |
| 3 | | its receipt, the Department shall provide a copy of the |
| 4 | | well site safety plan to the Office of the State Fire |
| 5 | | Marshal;
|
| 6 | | (13) a containment plan describing the containment |
| 7 | | practices and equipment to be used and the area of the well |
| 8 | | site where containment systems will be employed, and within |
| 9 | | 5 calendar days of its receipt, the Department shall |
| 10 | | provide a copy of the containment plan to the Office of the |
| 11 | | State Fire Marshal;
|
| 12 | | (14) a casing and cementing plan that describes the |
| 13 | | casing and cementing practices to be employed, including |
| 14 | | the size of each string of pipe, the starting point, and |
| 15 | | depth to which each string is to be set and the extent to |
| 16 | | which each string is to be cemented;
|
| 17 | | (15) a traffic management plan that identifies the |
| 18 | | anticipated roads, streets, and highways that will be used |
| 19 | | for access to and egress from the well site. The traffic |
| 20 | | management plan will include a point of contact to discuss |
| 21 | | issues related to traffic management. Within 15 calendar |
| 22 | | days after submitting the permit application to the |
| 23 | | Department, the applicant must provide a copy of the |
| 24 | | traffic management plan to the county or counties in which |
| 25 | | the well site is located, and within 5 calendar days of its |
| 26 | | receipt, the Department shall provide a copy of the traffic |
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| 1 | | management plan to the Office of the State Fire Marshal;
|
| 2 | | (16) the names and addresses of all owners of any real |
| 3 | | property within 1,500 feet of the proposed well site, as |
| 4 | | disclosed by the records in the office of the recorder of |
| 5 | | the county or counties;
|
| 6 | | (17) drafts of the specific public notice and general |
| 7 | | public notice as required by Section 1-40 of this Act;
|
| 8 | | (18) a statement that the well site at which the high |
| 9 | | volume horizontal hydraulic fracturing operation will be |
| 10 | | conducted will be restored in compliance with Section |
| 11 | | 240.1181 of Title 62 of the Illinois Administrative Code |
| 12 | | and Section 1-95 of this Act;
|
| 13 | | (19) proof of insurance to cover injuries, damages, or |
| 14 | | loss related to pollution in the amount of at least |
| 15 | | $5,000,000; and
|
| 16 | | (20) any other relevant information which the |
| 17 | | Department may, by rule, require.
|
| 18 | | (c) Where an application is made to conduct high volume |
| 19 | | horizontal fracturing operations at a well site located within |
| 20 | | the limits of any city, village, or incorporated town, the |
| 21 | | application shall state the name of the city, village, or |
| 22 | | incorporated town and be accompanied with a certified copy of |
| 23 | | the official consent for the hydraulic fracturing operations to |
| 24 | | occur from the municipal authorities where the well site is |
| 25 | | proposed to be located. No permit shall be issued unless |
| 26 | | consent is secured and filed with the permit application. In |
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| 1 | | the event that an amended location is selected, the original |
| 2 | | permit shall not be valid unless a new certified consent is |
| 3 | | filed for the amended location.
|
| 4 | | (d) The hydraulic fracturing permit application shall be |
| 5 | | accompanied by a bond as required by subsection (a) of Section |
| 6 | | 1-65 of this Act.
|
| 7 | | (e) Each application for a permit under this Act shall |
| 8 | | include payment of a non-refundable fee of $13,500. Of this |
| 9 | | fee, $11,000 shall be deposited into the Mines and Minerals |
| 10 | | Regulatory Fund for the Department to use to administer and |
| 11 | | enforce this Act and otherwise support the operations and |
| 12 | | programs of the Office of Mines and Minerals. The remaining |
| 13 | | $2,500 shall be deposited into the Illinois Clean Water Fund |
| 14 | | for the Agency to use to carry out its functions under this |
| 15 | | Act. The Department shall not initiate its review of the permit |
| 16 | | application until the applicable fee under this subsection (e) |
| 17 | | has been submitted to and received by the Department.
|
| 18 | | (f) Each application submitted under this Act shall be |
| 19 | | signed, under the penalty of perjury, by the applicant or the |
| 20 | | applicant's designee who has been vested with the authority to |
| 21 | | act on behalf of the applicant and has direct knowledge of the |
| 22 | | information contained in the application and its attachments. |
| 23 | | Any person signing an application shall also sign an affidavit |
| 24 | | with the following certification:
|
| 25 | | "I certify, under penalty of perjury as provided by law |
| 26 | | and under penalty of refusal, suspension, or revocation of |
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| 1 | | a high volume horizontal hydraulic fracturing permit, that |
| 2 | | this application and all attachments are true, accurate, |
| 3 | | and complete to the best of my knowledge.".
|
| 4 | | (g) The permit application shall be submitted to the |
| 5 | | Department in both electronic and hard copy format. The |
| 6 | | electronic format shall be searchable.
|
| 7 | | (h) The application for a high volume horizontal hydraulic |
| 8 | | fracturing permit may be submitted as a combined permit |
| 9 | | application with the operator's application to drill on a form |
| 10 | | as the Department shall prescribe. The combined application |
| 11 | | must include the information required in this Section. If the |
| 12 | | operator elects to submit a combined permit application, |
| 13 | | information required by this Section that is duplicative of |
| 14 | | information required for an application to drill is only |
| 15 | | required to be provided once as part of the combined |
| 16 | | application. The submission of a combined permit application |
| 17 | | under this subsection shall not be interpreted to relieve the |
| 18 | | applicant or the Department from complying with the |
| 19 | | requirements of this Act or the Illinois Oil and Gas Act.
|
| 20 | | (i) Upon receipt of a permit application, the Department |
| 21 | | shall have no more than 60 calendar days from the date it |
| 22 | | receives the permit application to approve, with any conditions |
| 23 | | the Department may find necessary, or reject the application |
| 24 | | for the high volume horizontal hydraulic fracturing permit. The |
| 25 | | applicant may waive, in writing, the 60-day deadline upon its |
| 26 | | own initiative or in response to a request by the Department.
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| 1 | | (j) If at any time during the review period the Department |
| 2 | | determines that the permit application is not complete under |
| 3 | | this Act, does not meet the requirements of this Section, or |
| 4 | | requires additional information, the Department shall notify |
| 5 | | the applicant in writing of the application's deficiencies and |
| 6 | | allow the applicant to correct the deficiencies and provide the |
| 7 | | Department any information requested to complete the |
| 8 | | application. If the applicant fails to provide adequate |
| 9 | | supplemental information within the review period, the |
| 10 | | Department may reject the application.
|
| 11 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
|
| 12 | | (225 ILCS 732/1-60)
|
| 13 | | Sec. 1-60. High volume horizontal hydraulic fracturing |
| 14 | | permit; denial, suspension, or revocation. |
| 15 | | (a) The Department may suspend, revoke, or refuse to issue |
| 16 | | a high volume horizontal hydraulic fracturing permit under this |
| 17 | | Act for one or more of the following causes:
|
| 18 | | (1) providing incorrect, misleading, incomplete, or |
| 19 | | materially untrue information in a permit application or |
| 20 | | any document required to be filed with the Department;
|
| 21 | | (2) violating any condition of the permit;
|
| 22 | | (3) violating any provision of or any regulation |
| 23 | | adopted under this Act or the Illinois Oil and Gas Act;
|
| 24 | | (4) using fraudulent, coercive, or dishonest |
| 25 | | practices, or demonstrating incompetence, |
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| 1 | | untrustworthiness, or financial irresponsibility in the |
| 2 | | conduct of business in this State or elsewhere;
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| 3 | | (5) having a high volume horizontal hydraulic |
| 4 | | fracturing permit, or its equivalent, revoked in any other |
| 5 | | state, province, district, or territory for incurring a |
| 6 | | material or major violation or using fraudulent or |
| 7 | | dishonest practices; or
|
| 8 | | (6) an emergency condition exists under which conduct |
| 9 | | of the high volume horizontal hydraulic fracturing |
| 10 | | operations would pose a significant hazard to public |
| 11 | | health, aquatic life, wildlife, or the environment.
|
| 12 | | (b) In every case in which a permit is suspended or |
| 13 | | revoked, the Department shall serve notice of its action, |
| 14 | | including a statement of the reasons for the action, either |
| 15 | | personally or by certified mail, receipt return requested, to |
| 16 | | the permittee.
|
| 17 | | (c) The order of suspension or revocation of a permit shall |
| 18 | | take effect upon issuance of the order. The permittee may |
| 19 | | request, in writing, within 30 days after the date of receiving |
| 20 | | the notice, a hearing. Except as provided under subsection (d) |
| 21 | | of this Section, in the event a hearing is requested, the order |
| 22 | | shall remain in effect until a final order is entered pursuant |
| 23 | | to the hearing.
|
| 24 | | (d) The order of suspension or revocation of a permit may |
| 25 | | be stayed if requested by the permittee and evidence is |
| 26 | | submitted demonstrating that there is no significant threat to |
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| 1 | | the public health, aquatic life, wildlife, or the environment |
| 2 | | if the operation is allowed to continue.
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| 3 | | (e) The hearing shall be held at a time and place |
| 4 | | designated by the Department. The Director of the Department or |
| 5 | | any administrative law judge designated by him or her has have |
| 6 | | the power to administer oaths and affirmations, subpoena |
| 7 | | witnesses and compel their attendance, take evidence, and |
| 8 | | require the production of books, papers, correspondence, and |
| 9 | | other records or information that he or she considers relevant |
| 10 | | or material.
|
| 11 | | (f) The costs of the administrative hearing shall be set by |
| 12 | | rule and shall be borne by the permittee.
|
| 13 | | (g) The Department's decision to suspend or revoke a high |
| 14 | | volume horizontal hydraulic fracturing permit is subject to |
| 15 | | judicial review under the Administrative Review Law.
|
| 16 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
|
| 17 | | (225 ILCS 732/1-70)
|
| 18 | | Sec. 1-70. Well preparation, construction, and drilling. |
| 19 | | (a) This Section shall apply to all horizontal wells that |
| 20 | | are to be completed using high volume horizontal hydraulic |
| 21 | | fracturing operations under a high volume horizontal hydraulic |
| 22 | | fracturing permit. The requirements of this Section shall be in |
| 23 | | addition to any other laws or rules regarding wells and well |
| 24 | | sites.
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| 25 | | (b) Site preparation standards shall be as follows: |
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| 1 | | (1) The access road to the well site must be located in |
| 2 | | accordance with access rights identified in the Illinois |
| 3 | | Oil and Gas Act and located as far as practical from |
| 4 | | occupied structures, places of assembly, and property |
| 5 | | lines of unleased property. |
| 6 | | (2) Unless otherwise approved or directed by the |
| 7 | | Department, all topsoil stripped to facilitate the |
| 8 | | construction of the well pad and access roads must be |
| 9 | | stockpiled, stabilized, and remain on site for use in |
| 10 | | either partial or final reclamation. In the event it is |
| 11 | | anticipated that the final reclamation shall take place in |
| 12 | | excess of one year from drilling the well the topsoil may |
| 13 | | be disposed of in any lawful manner provided the operator |
| 14 | | reclaims the site with topsoil of similar characteristics |
| 15 | | of the topsoil removed. |
| 16 | | (3) Piping, conveyances, valves, and tanks in contact |
| 17 | | with hydraulic fracturing fluid, hydraulic fracturing |
| 18 | | flowback, or produced water must be constructed of |
| 19 | | materials compatible with the composition of the hydraulic |
| 20 | | fracturing fluid, hydraulic fracturing flowback, and |
| 21 | | produced water.
|
| 22 | | (4) The improvement, construction, or repair of a |
| 23 | | publicly owned highway or roadway, if undertaken by the |
| 24 | | owner, operator, permittee, or any other private entity, |
| 25 | | shall be performed using bidding procedures outlined in the |
| 26 | | Illinois Department of Transportation rules governing |
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| 1 | | local roads and streets or applicable bidding requirements |
| 2 | | outlined in the Illinois Procurement Code as though the |
| 3 | | project were publicly funded. |
| 4 | | (c) Site maintenance standards shall be as follows: |
| 5 | | (1) Secondary containment is required for all fueling |
| 6 | | tanks. |
| 7 | | (2) Fueling tanks shall be subject to Section 1-25 of |
| 8 | | this Act. |
| 9 | | (3) Fueling tank filling operations shall be |
| 10 | | supervised at the fueling truck and at the tank if the tank |
| 11 | | is not visible to the fueling operator from the truck. |
| 12 | | (4) Troughs, drip pads, or drip pans are required |
| 13 | | beneath the fill port of a fueling tank during filling |
| 14 | | operations if the fill port is not within the secondary |
| 15 | | containment required by paragraph (1) of this subsection. |
| 16 | | (d) All wells shall be constructed, and casing and |
| 17 | | cementing activities shall be conducted, in a manner that shall |
| 18 | | provide for control of the well at all times, prevent the |
| 19 | | migration of oil, gas, and other fluids into the fresh water |
| 20 | | and coal seams, and prevent pollution or diminution of fresh |
| 21 | | water. In addition to any of the Department's casing and |
| 22 | | cementing requirements, the following shall apply: |
| 23 | | (1) All casings must conform to the current industry |
| 24 | | standards published by the American Petroleum Institute. |
| 25 | | (2) Casing thread compound and its use must conform to |
| 26 | | the current industry standards published by the American |
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| 1 | | Petroleum Institute. |
| 2 | | (3) Surface casing shall be centralized at the shoe, |
| 3 | | above and below a stage collar or diverting tool, if run, |
| 4 | | and through usable-quality water zones. In non-deviated |
| 5 | | holes, pipe centralization as follows is required: a |
| 6 | | centralizer shall be placed every fourth joint from the |
| 7 | | cement shoe to the ground surface or to the bottom of the |
| 8 | | cellar. All centralizers shall meet specifications in, or |
| 9 | | equivalent to, API Spec spec 10D, Specification for |
| 10 | | Bow-Spring Casing Centralizers; API Spec 10 TR4, Technical |
| 11 | | Report on Considerations Regarding Selection of |
| 12 | | Centralizers for Primary Cementing Operations; and API RP |
| 13 | | 10D-2, Recommended Practice for Centralizer Placement and |
| 14 | | Stop Collar Testing. The Department may require additional |
| 15 | | centralization as necessary to ensure the integrity of the |
| 16 | | well design is adequate. All centralizers must conform to |
| 17 | | the current industry standards published by the American |
| 18 | | Petroleum Institute. |
| 19 | | (4) Cement must conform to current industry standards |
| 20 | | published by the American Petroleum Institute and the |
| 21 | | cement slurry must be prepared to minimize its free water |
| 22 | | content in accordance with the current industry standards |
| 23 | | published by the American Petroleum Institute; the cement |
| 24 | | must also: |
| 25 | | (A) secure the casing in the wellbore; |
| 26 | | (B) isolate and protect fresh groundwater; |
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| 1 | | (C) isolate abnormally pressured zones, lost |
| 2 | | circulation zones, and any potential flow zones |
| 3 | | including hydrocarbon and fluid-bearing zones; |
| 4 | | (D) properly control formation pressure and any |
| 5 | | pressure from drilling, completion and production; |
| 6 | | (E) protect the casing from corrosion and |
| 7 | | degradation; and |
| 8 | | (F) prevent gas flow in the annulus. |
| 9 | | (5) Prior to cementing any casing string, the borehole |
| 10 | | must be circulated and conditioned to ensure an adequate |
| 11 | | cement bond. |
| 12 | | (6) A pre-flush or spacer must be pumped ahead of the |
| 13 | | cement. |
| 14 | | (7) The cement must be pumped at a rate and in a flow |
| 15 | | regime that inhibits channeling of the cement in the |
| 16 | | annulus. |
| 17 | | (8) Cement compressive strength tests must be |
| 18 | | performed on all surface, intermediate, and production |
| 19 | | casing strings; after the cement is placed behind the |
| 20 | | casing, the operator shall wait on cement to set until the |
| 21 | | cement achieves a calculated compressive strength of at |
| 22 | | least 500 pounds per square inch, and a minimum of 8 hours |
| 23 | | before the casing is disturbed in any way, including |
| 24 | | installation of a blowout preventer. The cement shall have |
| 25 | | a 72-hour compressive strength of at least 1,200 psi, and |
| 26 | | the free water separation shall be no more than 6 |
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| 1 | | milliliters per 250 milliliters of cement, tested in |
| 2 | | accordance with current American Petroleum petroleum |
| 3 | | Institute standards. |
| 4 | | (9) A copy of the cement job log for any cemented |
| 5 | | casing string in the well shall be maintained in the well |
| 6 | | file and available to the Department upon request. |
| 7 | | (10) Surface casing shall be used and set to a depth of |
| 8 | | at least 200 feet, or 100 feet below the base of the |
| 9 | | deepest fresh water, whichever is deeper, but no more than |
| 10 | | 200 feet below the base of the deepest fresh water and |
| 11 | | prior to encountering any hydrocarbon-bearing zones. The |
| 12 | | surface casing must be run and cemented as soon as |
| 13 | | practicable after the hole has been adequately circulated |
| 14 | | and conditioned. |
| 15 | | (11) The Department must be notified at least 24 hours |
| 16 | | prior to surface casing cementing operations. Surface |
| 17 | | casing must be fully cemented to the surface with excess |
| 18 | | cements. Cementing must be by the pump and plug method with |
| 19 | | a minimum of 25% excess cement with appropriate lost |
| 20 | | circulation material, unless another amount of excess |
| 21 | | cement is approved by the Department. If cement returns are |
| 22 | | not observed at the surface, the operator must perform |
| 23 | | remedial actions as appropriate. |
| 24 | | (12) Intermediate casing must be installed when |
| 25 | | necessary to isolate fresh water not isolated by surface |
| 26 | | casing and to seal off potential flow zones, anomalous |
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| 1 | | pressure zones, lost circulation zones and other drilling |
| 2 | | hazards. |
| 3 | | Intermediate casing must be set to protect fresh water |
| 4 | | if surface casing was set above the base of the deepest |
| 5 | | fresh water, if additional fresh water was found below the |
| 6 | | surface casing shoe, or both. Intermediate casing used to |
| 7 | | isolate fresh water must not be used as the production |
| 8 | | string in the well in which it is installed, and may not be |
| 9 | | perforated for purposes of conducting a hydraulic fracture |
| 10 | | treatment through it. |
| 11 | | When intermediate casing is installed to protect fresh |
| 12 | | water, the operator shall set a full string of new |
| 13 | | intermediate casing at least 100 feet below the base of the |
| 14 | | deepest fresh water and bring cement to the surface. In |
| 15 | | instances where intermediate casing was set solely to |
| 16 | | protect fresh water encountered below the surface casing |
| 17 | | shoe, and cementing to the surface is technically |
| 18 | | infeasible, would result in lost circulation, or both, |
| 19 | | cement must be brought to a minimum of 600 feet above the |
| 20 | | shallowest fresh water zone encountered below the surface |
| 21 | | casing shoe or to the surface if the fresh water zone is |
| 22 | | less than 600 feet from the surface. The location and |
| 23 | | depths of any hydrocarbon-bearing zones or fresh water |
| 24 | | zones that are open to the wellbore above the casing shoe |
| 25 | | must be confirmed by coring, electric logs, or testing and |
| 26 | | must be reported to the Department. |
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| 1 | | In the case that intermediate casing was set for a |
| 2 | | reason other than to protect strata that contains fresh |
| 3 | | water, the intermediate casing string shall be cemented |
| 4 | | from the shoe to a point at least 600 true vertical feet |
| 5 | | above the shoe. If there is a hydrocarbon-bearing |
| 6 | | hydrocarbon bearing zone capable of producing exposed |
| 7 | | above the intermediate casing shoe, the casing shall be |
| 8 | | cemented from the shoe to a point at least 600 true |
| 9 | | vertical feet above the shallowest hydrocarbon-bearing |
| 10 | | hydrocarbon bearing zone or to a point at least 200 feet |
| 11 | | above the shoe of the next shallower casing string that was |
| 12 | | set and cemented in the well (or to the surface if less |
| 13 | | than 200 feet). |
| 14 | | (13) The Department must be notified prior to |
| 15 | | intermediate casing cementing operations. Cementing must |
| 16 | | be by the pump and plug method with a minimum of 25% excess |
| 17 | | cement. A radial cement bond evaluation log, or other |
| 18 | | evaluation approved by the Department, must be run to |
| 19 | | verify the cement bond on the intermediate casing. Remedial |
| 20 | | cementing is required if the cement bond is not adequate |
| 21 | | for drilling ahead. |
| 22 | | (14) Production casing must be run and fully cemented |
| 23 | | to 500 feet above the top perforated zone, if possible. The |
| 24 | | Department must be notified at least 24 hours prior to |
| 25 | | production casing cementing operations. Cementing must be |
| 26 | | by the pump and plug method with a minimum of 25% excess |
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| 1 | | cement. |
| 2 | | (15) At any time, the Department, as it deems |
| 3 | | necessary, may require installation of an additional |
| 4 | | cemented casing string or strings in the well. |
| 5 | | (16) After the setting and cementing of a casing |
| 6 | | string, except the conductor casing, and prior to further |
| 7 | | drilling, the casing string shall be tested with fresh |
| 8 | | water, mud, or brine to no less than 0.22 psi per foot of |
| 9 | | casing string length or 1,500 psi, whichever is greater but |
| 10 | | not to exceed 70% of the minimum internal yield, for at |
| 11 | | least 30 minutes with less than a 5% pressure loss, except |
| 12 | | that any casing string that will have pressure exerted on |
| 13 | | it during stimulation of the well shall be tested to at |
| 14 | | least the maximum anticipated treatment pressure. If the |
| 15 | | pressure declines more than 5% or if there are other |
| 16 | | indications of a leak, corrective action shall be taken |
| 17 | | before conducting further drilling and high volume |
| 18 | | horizontal hydraulic fracturing operations. The operator |
| 19 | | shall contact the Department's District Office for any |
| 20 | | county in which the well is located at least 24 hours prior |
| 21 | | to conducting a pressure test to enable an inspector to be |
| 22 | | present when the test is done. A record of the pressure |
| 23 | | test must be maintained by the operator and must be |
| 24 | | submitted to the Department on a form prescribed by the |
| 25 | | Department prior to conducting high volume horizontal |
| 26 | | hydraulic fracturing operations. The actual pressure must |
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| 1 | | not exceed the test pressure at any time during high volume |
| 2 | | horizontal hydraulic fracturing operations. |
| 3 | | (17) Any hydraulic fracturing string used in the high |
| 4 | | volume horizontal hydraulic fracturing operations must be |
| 5 | | either strung into a production liner or run with a packer |
| 6 | | set at least 100 feet below the deepest cement top and must |
| 7 | | be tested to not less than the maximum anticipated treating |
| 8 | | pressure minus the annulus pressure applied between the |
| 9 | | fracturing string and the production or immediate casing. |
| 10 | | The pressure test shall be considered successful if the |
| 11 | | pressure applied has been held for 30 minutes with no more |
| 12 | | than 5% pressure loss. A function-tested relief valve and |
| 13 | | diversion line must be installed and used to divert flow |
| 14 | | from the hydraulic fracturing string-casing annulus to a |
| 15 | | covered watertight steel tank in case of hydraulic |
| 16 | | fracturing string failure. The relief valve must be set to |
| 17 | | limit the annular pressure to no more than 95% of the |
| 18 | | working pressure rating of the casings forming the annulus. |
| 19 | | The annulus between the hydraulic fracturing string and |
| 20 | | casing must be pressurized to at least 250 psi and |
| 21 | | monitored. |
| 22 | | (18) After a successful pressure test under paragraph |
| 23 | | (16) of this subsection, a formation pressure integrity |
| 24 | | test must be conducted below the surface casing and below |
| 25 | | all intermediate casing. The operator shall notify the |
| 26 | | Department's District Office for any county in which the |
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| 1 | | well is located at least 24 hours prior to conducting a |
| 2 | | formation pressure integrity test to enable an inspector to |
| 3 | | be present when the test is done. A record of the pressure |
| 4 | | test must be maintained by the operator and must be |
| 5 | | submitted to the Department on a form prescribed by the |
| 6 | | Department prior to conducting high volume horizontal |
| 7 | | hydraulic fracturing operations. The actual hydraulic |
| 8 | | fracturing treatment pressure must not exceed the test |
| 9 | | pressure at any time during high volume horizontal |
| 10 | | hydraulic fracturing operations.
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| 11 | | (e) Blowout prevention standards shall be set as follows: |
| 12 | | (1) The operator shall use blowout prevention |
| 13 | | equipment after setting casing with a competent casing |
| 14 | | seat. Blowout prevention equipment shall be in good |
| 15 | | working condition at all times. |
| 16 | | (2) The operator shall use pipe fittings, valves, |
| 17 | | and unions placed on or connected to the blow out |
| 18 | | blow-out prevention systems that have a working |
| 19 | | pressure capability that exceeds the anticipated |
| 20 | | pressures. |
| 21 | | (3) During all drilling and completion operations |
| 22 | | when a blowout preventer is installed, tested, or in |
| 23 | | use, the operator or operator's designated |
| 24 | | representative shall be present at the well site and |
| 25 | | that person or personnel shall have a current well |
| 26 | | control certification from an accredited training |
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| 1 | | program that is acceptable to the Department. The |
| 2 | | certification shall be available at the well site and |
| 3 | | provided to the Department upon request. |
| 4 | | (4) Appropriate pressure control procedures and |
| 5 | | equipment in proper working order must be properly |
| 6 | | installed and employed while conducting drilling and |
| 7 | | completion operations including tripping, logging, |
| 8 | | running casing into the well, and drilling out |
| 9 | | solid-core stage plugs. |
| 10 | | (5) Pressure testing of the blowout preventer and |
| 11 | | related equipment for any drilling or completion |
| 12 | | operation must be performed. Testing must be conducted |
| 13 | | in accordance with current industry standards |
| 14 | | published by the American Petroleum Institute. Testing |
| 15 | | of the blowout preventer shall include testing after |
| 16 | | the blowout preventer is installed on the well but |
| 17 | | prior to drilling below the last cemented casing seat. |
| 18 | | Pressure control equipment, including the blowout |
| 19 | | preventer, that fails any pressure test shall not be |
| 20 | | used until it is repaired and passes the pressure test. |
| 21 | | (6) A remote blowout preventer actuator, that is |
| 22 | | powered by a source other than rig hydraulics, shall be |
| 23 | | located at least 50 feet from the wellhead and have an |
| 24 | | appropriate rated working pressure.
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| 25 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-14-13.)
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| 1 | | (225 ILCS 732/1-75)
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| 2 | | Sec. 1-75. High volume horizontal hydraulic fracturing |
| 3 | | operations. |
| 4 | | (a) General. |
| 5 | | (1) During all phases of high volume horizontal |
| 6 | | hydraulic fracturing operations, the permittee shall |
| 7 | | comply with all terms of the permit. |
| 8 | | (2) All phases of high volume horizontal hydraulic |
| 9 | | fracturing operations shall be conducted in a manner that |
| 10 | | shall not pose a significant risk to public health, life, |
| 11 | | property, aquatic life, or wildlife. |
| 12 | | (3) The permittee shall notify the Department by phone, |
| 13 | | electronic communication, or letter, at least 48 hours |
| 14 | | prior to the commencement of high volume horizontal |
| 15 | | hydraulic fracturing operations. |
| 16 | | (b) Integrity tests and monitoring. |
| 17 | | (1) Before the commencement of high volume horizontal |
| 18 | | hydraulic fracturing operations, all mechanical integrity |
| 19 | | tests required under subsection (d) of Section 1-70 and |
| 20 | | this subsection must be successfully completed. |
| 21 | | (2) Prior to commencing high volume horizontal |
| 22 | | hydraulic fracturing operations and pumping of hydraulic |
| 23 | | fracturing fluid, the injection lines and manifold, |
| 24 | | associated valves, fracture head or tree and any other |
| 25 | | wellhead component or connection not previously tested |
| 26 | | must be tested with fresh water, mud, or brine to at least |
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| 1 | | the maximum anticipated treatment pressure for at least 30 |
| 2 | | minutes with less than a 5% pressure loss. A record of the |
| 3 | | pressure test must be maintained by the operator and made |
| 4 | | available to the Department upon request. The actual high |
| 5 | | volume horizontal hydraulic fracturing treatment pressure |
| 6 | | must not exceed the test pressure at any time during high |
| 7 | | volume horizontal hydraulic fracturing operations. |
| 8 | | (3) The pressure exerted on treating equipment |
| 9 | | including valves, lines, manifolds, hydraulic fracturing |
| 10 | | head or tree, casing and hydraulic fracturing string, if |
| 11 | | used, must not exceed 95% of the working pressure rating of |
| 12 | | the weakest component. The high volume horizontal |
| 13 | | hydraulic fracturing treatment pressure must not exceed |
| 14 | | the test pressure of any given component at any time during |
| 15 | | high volume horizontal hydraulic fracturing operations. |
| 16 | | (4) During high volume horizontal hydraulic fracturing |
| 17 | | operations, all annulus pressures, the injection pressure, |
| 18 | | and the rate of injection shall be continuously monitored |
| 19 | | and recorded. The records of the monitoring shall be |
| 20 | | maintained by the operator and shall be provided to the |
| 21 | | Department upon request at any time during the period up to |
| 22 | | and including 5 years after the well is permanently plugged |
| 23 | | or abandoned. |
| 24 | | (5) High volume horizontal hydraulic fracturing |
| 25 | | operations must be immediately suspended if any anomalous |
| 26 | | pressure or flow condition or any other anticipated |
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| 1 | | pressure or flow condition is occurring in a way that |
| 2 | | indicates the mechanical integrity of the well has been |
| 3 | | compromised and continued operations pose a risk to the |
| 4 | | environment. Remedial action shall be undertaken |
| 5 | | immediately prior to recommencing high volume horizontal |
| 6 | | hydraulic fracturing operations. The permittee shall |
| 7 | | notify the Department within 1 hour of suspending |
| 8 | | operations for any matters relating to the mechanical |
| 9 | | integrity of the well or risk to the environment. |
| 10 | | (c) Fluid and waste management. |
| 11 | | (1) For the purposes of storage at the well site and |
| 12 | | except as provided in paragraph (2) of this subsection, |
| 13 | | hydraulic fracturing additives, hydraulic fracturing |
| 14 | | fluid, hydraulic fracturing flowback, and produced water |
| 15 | | shall be stored in above-ground tanks during all phases of |
| 16 | | drilling, high volume horizontal hydraulic fracturing, and |
| 17 | | production operations until removed for proper disposal. |
| 18 | | For the purposes of centralized storage off site for |
| 19 | | potential reuse prior to disposal, hydraulic fracturing |
| 20 | | additives, hydraulic fracturing fluid, hydraulic |
| 21 | | fracturing flowback, and produced water shall be stored in |
| 22 | | above-ground tanks. |
| 23 | | (2) In accordance with the plan required by paragraph |
| 24 | | (11) of subsection (b) of Section 1-35 of this Act and as |
| 25 | | approved by the Department, the use of a reserve pit is |
| 26 | | allowed for the temporary storage of hydraulic fracturing |
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| 1 | | flowback. The reserve pit shall be used only in the event |
| 2 | | of a lack of capacity for tank storage due to higher than |
| 3 | | expected volume or rate of hydraulic fracturing flowback, |
| 4 | | or other unanticipated flowback occurrence. Any reserve |
| 5 | | pit must comply with the following construction standards |
| 6 | | and liner specifications: |
| 7 | | (A) the synthetic liner material shall have a |
| 8 | | minimum thickness of 24 mils with high puncture and |
| 9 | | tear strength and be impervious and resistant to |
| 10 | | deterioration; |
| 11 | | (B) the pit lining system shall be designed to have |
| 12 | | a capacity at least equivalent to 110% of the maximum |
| 13 | | volume of hydraulic fracturing flowback anticipated to |
| 14 | | be recovered; |
| 15 | | (C) the lined pit shall be constructed, installed, |
| 16 | | and maintained in accordance with the manufacturers' |
| 17 | | specifications and good engineering practices to |
| 18 | | prevent overflow during any use; |
| 19 | | (D) the liner shall have sufficient elongation to |
| 20 | | cover the bottom and interior sides of the pit with the |
| 21 | | edges secured with at least a 12 inch deep anchor |
| 22 | | trench around the pit perimeter to prevent any slippage |
| 23 | | or destruction of the liner materials; and |
| 24 | | (E) the foundation for the liner shall be free of |
| 25 | | rock and constructed with soil having a minimum |
| 26 | | thickness of 12 inches after compaction covering the |
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| 1 | | entire bottom and interior sides of the pit. |
| 2 | | (3) Fresh water may be stored in tanks or pits at the |
| 3 | | election of the operator. |
| 4 | | (4) Tanks required under this subsection must be |
| 5 | | above-ground tanks that are closed, watertight, and will |
| 6 | | resist corrosion. The permittee shall routinely inspect |
| 7 | | the tanks for corrosion. |
| 8 | | (5) Hydraulic fracturing fluids and hydraulic |
| 9 | | fracturing flowback must be removed from the well site |
| 10 | | within 60 days after completion of high volume horizontal |
| 11 | | fracturing operations, except that any excess hydraulic |
| 12 | | fracturing flowback captured for temporary storage in a |
| 13 | | reserve pit as provided in paragraph (2) of this subsection |
| 14 | | must be removed from the well site within 7 days. |
| 15 | | (6) Tanks, piping, and conveyances, including valves, |
| 16 | | must be constructed of suitable materials, be of sufficient |
| 17 | | pressure rating, be able to resist corrosion, and be |
| 18 | | maintained in a leak-free condition. Fluid transfer |
| 19 | | operations from tanks to tanker trucks must be supervised |
| 20 | | at the truck and at the tank if the tank is not visible to |
| 21 | | the truck operator from the truck. During transfer |
| 22 | | operations, all interconnecting piping must be supervised |
| 23 | | if not visible to transfer personnel at the truck and tank. |
| 24 | | (7) Hydraulic fracturing flowback must be tested for |
| 25 | | volatile organic chemicals, semi-volatile organic |
| 26 | | chemicals, inorganic chemicals, heavy metals, and |
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| 1 | | naturally occurring radioactive material prior to removal |
| 2 | | from the site. Testing shall occur once per well site and |
| 3 | | the analytical results shall be filed with the Department |
| 4 | | and the Agency, and provided to the liquid oilfield waste |
| 5 | | transportation and disposal operators. Prior to plugging |
| 6 | | and site restoration, the ground adjacent to the storage |
| 7 | | tanks and any hydraulic fracturing flowback reserve pit |
| 8 | | must be measured for radioactivity. |
| 9 | | (8) Hydraulic fracturing flowback may only be disposed |
| 10 | | of by injection into a Class II injection well that is |
| 11 | | below interface between fresh water and naturally |
| 12 | | occurring Class IV groundwater. Produced water may be |
| 13 | | disposed of by injection in a permitted enhanced oil |
| 14 | | recovery operation. Hydraulic fracturing flowback and |
| 15 | | produced water may be treated and recycled for use in |
| 16 | | hydraulic fracturing fluid for high volume horizontal |
| 17 | | hydraulic fracturing operations. |
| 18 | | (9) Discharge of hydraulic fracturing fluids, |
| 19 | | hydraulic fracturing flowback, and produced water into any |
| 20 | | surface water or water drainage way is prohibited. |
| 21 | | (10) Transport of all hydraulic fracturing fluids, |
| 22 | | hydraulic fracturing flowback, and produced water by |
| 23 | | vehicle for disposal must be undertaken by a liquid |
| 24 | | oilfield waste hauler permitted by the Department under |
| 25 | | Section 8c of the Illinois Oil and Gas Act. The liquid |
| 26 | | oilfield waste hauler transporting hydraulic fracturing |
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| 1 | | fluids, hydraulic fracturing flowback, or produced water |
| 2 | | under this Act shall comply with all laws, rules, and |
| 3 | | regulations concerning liquid oilfield waste. |
| 4 | | (11) Drill cuttings, drilling fluids, and drilling |
| 5 | | wastes not containing oil-based mud or polymer-based mud |
| 6 | | may be stored in tanks or pits. Pits used to store |
| 7 | | cuttings, fluids, and drilling wastes from wells not using |
| 8 | | fresh water mud shall be subject to the construction |
| 9 | | standards identified in paragraph (2) of this subsection |
| 10 | | (c) Section. Drill cuttings not contaminated with |
| 11 | | oil-based mud or polymer-based mud may be disposed of |
| 12 | | onsite subject to the approval of the Department. Drill |
| 13 | | cuttings contaminated with oil-based mud or polymer-based |
| 14 | | mud shall not be disposed of onsite on site. Annular |
| 15 | | disposal of drill cuttings or fluid is prohibited. |
| 16 | | (12) Any release of hydraulic fracturing fluid, |
| 17 | | hydraulic fracturing additive, or hydraulic fracturing |
| 18 | | flowback, used or generated during or after high volume |
| 19 | | horizontal hydraulic fracturing operations shall be |
| 20 | | immediately cleaned up and remediated pursuant to |
| 21 | | Department requirements. Any release of hydraulic |
| 22 | | fracturing fluid or hydraulic fracturing flowback in |
| 23 | | excess of 1 barrel, shall be reported to the Department. |
| 24 | | Any release of a hydraulic fracturing additive shall be |
| 25 | | reported to the Department in accordance with the |
| 26 | | appropriate reportable quantity thresholds established |
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| 1 | | under the federal Emergency Planning and Community |
| 2 | | Right-to-Know Act as published in the Code of Federal |
| 3 | | Regulations (CFR), 40 CFR Parts 355, 370, and 372, the |
| 4 | | federal Comprehensive Environmental Response, |
| 5 | | Compensation, and Liability Act as published in 40 CFR Part |
| 6 | | 302, and subsection (r) of Section 112 of the federal |
| 7 | | Federal Clean Air Act as published in 40 CFR Part 68. Any |
| 8 | | release of produced water in excess of 5 barrels shall be |
| 9 | | cleaned up, remediated, and reported pursuant to |
| 10 | | Department requirements. |
| 11 | | (13) Secondary containment for tanks required under |
| 12 | | this subsection and additive staging areas is required. |
| 13 | | Secondary containment measures may include, as deemed |
| 14 | | appropriate by the Department, one or a combination of the |
| 15 | | following: dikes, liners, pads, impoundments, curbs, |
| 16 | | sumps, or other structures or equipment capable of |
| 17 | | containing the substance. Any secondary containment must |
| 18 | | be sufficient to contain 110% of the total capacity of the |
| 19 | | single largest container or tank within a common |
| 20 | | containment area. No more than one hour before initiating |
| 21 | | any stage of the high volume horizontal hydraulic |
| 22 | | fracturing operations, all secondary containment must be |
| 23 | | visually inspected to ensure all structures and equipment |
| 24 | | are in place and in proper working order. The results of |
| 25 | | this inspection must be recorded and documented by the |
| 26 | | operator, and available to the Department upon request. |
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| 1 | | (14) A report on the transportation and disposal of the |
| 2 | | hydraulic fracturing fluids and hydraulic fracturing |
| 3 | | flowback shall be prepared and included in the well file. |
| 4 | | The report must include the amount of fluids transported, |
| 5 | | identification of the company that transported the fluids, |
| 6 | | the destination of the fluids, and the method of disposal. |
| 7 | | (15) Operators operating wells permitted under this |
| 8 | | Act must submit an annual report to the Department |
| 9 | | detailing the management of any produced water associated |
| 10 | | with the permitted well. The report shall be due to the |
| 11 | | Department no later than April 30th of each year and shall |
| 12 | | provide information on the operator's management of any |
| 13 | | produced water for the prior calendar year. The report |
| 14 | | shall contain information relative to the amount of |
| 15 | | produced water the well permitted under this Act produced, |
| 16 | | the method by which the produced water was disposed, and |
| 17 | | the destination where the produced water was disposed in |
| 18 | | addition to any other information the Department |
| 19 | | determines is necessary by rule. |
| 20 | | (d) Hydraulic fracturing fluid shall be confined to the |
| 21 | | targeted formation designated in the permit. If the hydraulic |
| 22 | | fracturing fluid or hydraulic fracturing flowback are |
| 23 | | migrating into the freshwater zone or to the surface from the |
| 24 | | well in question or from other wells, the permittee shall |
| 25 | | immediately notify the Department and shut in the well until |
| 26 | | remedial action that prevents the fluid migration is completed. |
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| 1 | | The permittee shall obtain the approval of the Department prior |
| 2 | | to resuming operations. |
| 3 | | (e) Emissions controls. |
| 4 | | (1) This subsection applies to all horizontal wells |
| 5 | | that are completed with high volume horizontal hydraulic |
| 6 | | fracturing. |
| 7 | | (2) Except as otherwise provided in paragraph (8) of |
| 8 | | this subsection (e), permittees shall be responsible for |
| 9 | | managing gas and hydrocarbon fluids produced during the |
| 10 | | flowback period by routing recovered hydrocarbon fluids to |
| 11 | | one or more storage vessels or re-injecting into the well |
| 12 | | or another well, and routing recovered natural gas into a |
| 13 | | flow line or collection system, re-injecting the gas into |
| 14 | | the well or another well, using the gas as an on-site fuel |
| 15 | | source, or using the gas for another useful purpose that a |
| 16 | | purchased fuel or raw material would serve, with no direct |
| 17 | | release to the atmosphere. |
| 18 | | (3) If it is technically infeasible or economically |
| 19 | | unreasonable to minimize emissions associated with the |
| 20 | | venting of hydrocarbon fluids and natural gas during the |
| 21 | | flowback period using the methods specified in paragraph |
| 22 | | (2) of this subsection (e), the permittee shall capture and |
| 23 | | direct the emissions to a completion combustion device, |
| 24 | | except in conditions that may result in a fire hazard or |
| 25 | | explosion, or where high heat emissions from a completion |
| 26 | | combustion device may negatively impact waterways. |
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| 1 | | Completion combustion devices must be equipped with a |
| 2 | | reliable continuous ignition source over the duration of |
| 3 | | the flowback period. |
| 4 | | (4) Except as otherwise provided in paragraph (8) of |
| 5 | | this subsection (e), permittees shall be responsible for |
| 6 | | minimizing the emissions associated with venting of |
| 7 | | hydrocarbon fluids and natural gas during the production |
| 8 | | phase by: |
| 9 | | (A) routing the recovered fluids into storage |
| 10 | | vessels and (i) routing the recovered gas into a gas |
| 11 | | gathering line, collection system, or to a generator |
| 12 | | for onsite energy generation, providing that gas to the |
| 13 | | surface owner of the well site for use for heat or |
| 14 | | energy generation, or (ii) using another method other |
| 15 | | than venting or flaring; and |
| 16 | | (B) employing sand traps, surge vessels, |
| 17 | | separators, and tanks as soon as practicable during |
| 18 | | cleanout operations to safely maximize resource |
| 19 | | recovery and minimize releases to the environment. |
| 20 | | (5) If the permittee establishes that it is technically |
| 21 | | infeasible or economically unreasonable to minimize |
| 22 | | emissions associated with the venting of hydrocarbon |
| 23 | | fluids and natural gas during production using the methods |
| 24 | | specified in paragraph (4) of this subsection (e), the |
| 25 | | Department shall require the permittee to capture and |
| 26 | | direct any natural gas produced during the production phase |
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| 1 | | to a flare. Any flare used pursuant to this paragraph shall |
| 2 | | be equipped with a reliable continuous ignition source over |
| 3 | | the duration of production. In order to establish technical |
| 4 | | infeasibility or economic unreasonableness under this |
| 5 | | paragraph (5), the permittee must demonstrate, for each |
| 6 | | well site on an annual basis, that taking the actions |
| 7 | | listed in paragraph (4) of this subsection (e) are not cost |
| 8 | | effective based on a site-specific analysis. Permittees |
| 9 | | that use a flare during the production phase for operations |
| 10 | | other than emergency conditions shall file an updated |
| 11 | | site-specific analysis annually with the Department. The |
| 12 | | analysis shall be due one year from the date of the |
| 13 | | previous submission and shall detail whether any changes |
| 14 | | have occurred that alter the technical infeasibility or |
| 15 | | economic unreasonableness of the permittee to reduce their |
| 16 | | emissions in accordance with paragraph (4) of this |
| 17 | | subsection (e). |
| 18 | | (6) Uncontrolled emissions exceeding 6 tons per year |
| 19 | | from storage tanks shall be recovered and routed to a flare |
| 20 | | that is designed in accordance with 40 CFR 60.18 and is |
| 21 | | certified by the manufacturer of the device. The permittee |
| 22 | | shall maintain and operate the flare in accordance with |
| 23 | | manufacturer specifications. Any flare used under this |
| 24 | | paragraph must be equipped with a reliable continuous |
| 25 | | ignition source over the duration of production. |
| 26 | | (7) The Department may approve an exemption that waives |
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| 1 | | the flaring requirements of paragraphs (5) and (6) of this |
| 2 | | subsection (e) only if the permittee demonstrates that the |
| 3 | | use of the flare will pose a significant risk of injury or |
| 4 | | property damage and that alternative methods of collection |
| 5 | | will not threaten harm to the environment. In determining |
| 6 | | whether to approve a waiver, the Department shall consider |
| 7 | | the quantity of casinghead gas produced, the topographical |
| 8 | | and climatological features at the well site, and the |
| 9 | | proximity of agricultural structures, crops, inhabited |
| 10 | | structures, public buildings, and public roads and |
| 11 | | railways. |
| 12 | | (8) For each wildcat well, delineation well, or low |
| 13 | | pressure well, permittees shall be responsible for |
| 14 | | minimizing the emissions associated with venting of |
| 15 | | hydrocarbon fluids and natural gas during the flowback |
| 16 | | period and production phase by capturing and directing the |
| 17 | | emissions to a completion combustion device during the |
| 18 | | flowback period and to a flare during the production phase, |
| 19 | | except in conditions that may result in a fire hazard or |
| 20 | | explosion, or where high heat emissions from a completion |
| 21 | | combustion device or flare may negatively impact |
| 22 | | waterways. Completion combustion devices and flares shall |
| 23 | | be equipped with a reliable continuous ignition source over |
| 24 | | the duration of the flowback period and the production |
| 25 | | phase, as applicable. |
| 26 | | (9) On or after July 1, 2015, all flares used under |
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| 1 | | paragraphs (5) and (8) of this subsection (e) shall (i) |
| 2 | | operate with a combustion efficiency of at least 98% and in |
| 3 | | accordance with 40 CFR 60.18; and (ii) be certified by the |
| 4 | | manufacturer of the device. The permittee shall maintain |
| 5 | | and operate the flare in accordance with manufacturer |
| 6 | | specifications.
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| 7 | | (10) Permittees shall employ practices for control of
|
| 8 | | fugitive dust related to their operations. These practices |
| 9 | | shall include, but are not limited to, the use of speed |
| 10 | | restrictions, regular road maintenance, and restriction of |
| 11 | | construction activity during high-wind days. Additional |
| 12 | | management practices such as road surfacing, wind breaks |
| 13 | | and barriers, or automation of wells to reduce truck |
| 14 | | traffic may also be required by the Department if |
| 15 | | technologically feasible and economically reasonable to |
| 16 | | minimize fugitive dust emissions. |
| 17 | | (11) Permittees shall record and report to the |
| 18 | | Department on an annual basis the amount of gas flared or |
| 19 | | vented from each high volume horizontal hydraulic |
| 20 | | fracturing well. Three years after the effective date of |
| 21 | | the first high volume high-volume horizontal hydraulic |
| 22 | | fracturing well permit issued by the Department, and every |
| 23 | | 3 years thereafter, the Department shall prepare a report |
| 24 | | that analyzes the amount of gas that has been flared or |
| 25 | | vented and make recommendations to the General Assembly on |
| 26 | | whether steps should be taken to reduce the amount of gas |
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| 1 | | that is being flared or vented in this State. |
| 2 | | (f) High volume horizontal hydraulic fracturing operations |
| 3 | | completion report. Within 60 calendar days after the conclusion |
| 4 | | of high volume horizontal hydraulic fracturing operations, the |
| 5 | | operator shall file a high volume horizontal hydraulic |
| 6 | | fracturing operations completion report with the Department. A |
| 7 | | copy of each completion report submitted to the Department |
| 8 | | shall be provided by the Department to the Illinois State |
| 9 | | Geological Survey. The completion reports required by this |
| 10 | | Section shall be considered public information and shall be |
| 11 | | made available on the Department's website. The high volume |
| 12 | | horizontal hydraulic fracturing operations completion report |
| 13 | | shall contain the following information: |
| 14 | | (1) the permittee name as listed in the permit |
| 15 | | application; |
| 16 | | (2) the dates of the high volume horizontal hydraulic |
| 17 | | fracturing operations; |
| 18 | | (3) the county where the well is located; |
| 19 | | (4) the well name and Department reference number; |
| 20 | | (5) the total water volume used in the high volume |
| 21 | | horizontal hydraulic fracturing operations of the well, |
| 22 | | and the type and total volume of the base fluid used if |
| 23 | | something other than water; |
| 24 | | (6) each source from which the water used in the high |
| 25 | | volume horizontal hydraulic fracturing operations was |
| 26 | | drawn, and the specific location of each source, including, |
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| 1 | | but not limited to, the name of the county and latitude and |
| 2 | | longitude coordinates; |
| 3 | | (7) the quantity of hydraulic fracturing flowback |
| 4 | | recovered from the well; |
| 5 | | (8) a description of how hydraulic fracturing flowback |
| 6 | | recovered from the well was disposed and, if applicable, |
| 7 | | reused; |
| 8 | | (9) a chemical disclosure report identifying each |
| 9 | | chemical and proppant used in hydraulic fracturing fluid |
| 10 | | for each stage of the hydraulic fracturing operations |
| 11 | | including the following: |
| 12 | | (A) the total volume of water used in the hydraulic |
| 13 | | fracturing treatment of the well or the type and total |
| 14 | | volume of the base fluid used in the hydraulic |
| 15 | | fracturing treatment, if something other than water; |
| 16 | | (B) each hydraulic fracturing additive used in the |
| 17 | | hydraulic fracturing fluid, including the trade name, |
| 18 | | vendor, a brief descriptor of the intended use or |
| 19 | | function of each hydraulic fracturing additive, and |
| 20 | | the Material Safety Data Sheet (MSDS), if applicable; |
| 21 | | (C) each chemical intentionally added to the base |
| 22 | | fluid, including for each chemical, the Chemical |
| 23 | | Abstracts Service number, if applicable; and |
| 24 | | (D) the actual concentration in the base fluid, in |
| 25 | | percent by mass, of each chemical intentionally added |
| 26 | | to the base fluid;
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| 1 | | (10) all pressures recorded during the high volume |
| 2 | | horizontal hydraulic fracturing operations; and |
| 3 | | (11) any other reasonable or pertinent information |
| 4 | | related to the conduct of the high volume horizontal |
| 5 | | hydraulic fracturing operations the Department may request |
| 6 | | or require by administrative rule.
|
| 7 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
|
| 8 | | (225 ILCS 732/1-95)
|
| 9 | | Sec. 1-95. Plugging; restoration. |
| 10 | | (a) The permittee shall perform and complete plugging of |
| 11 | | the well and restoration of the well site in accordance with |
| 12 | | the Illinois Oil and Gas Act and any and all rules adopted |
| 13 | | thereunder. The permittee shall bear all costs related to |
| 14 | | plugging of the well and reclamation of the well site. If the |
| 15 | | permittee fails to plug the well in accordance with this |
| 16 | | Section, the owner of the well shall be responsible for |
| 17 | | complying with this Section. |
| 18 | | (b) Prior to conducting high volume horizontal hydraulic |
| 19 | | fracturing operations at a well site, the permittee shall cause |
| 20 | | to be plugged all previously unplugged wellbores well bores |
| 21 | | within 750 feet of any part of the horizontal wellbore well |
| 22 | | bore that penetrated within 400 vertical feet of the formation |
| 23 | | that will be stimulated as part of the high volume horizontal |
| 24 | | hydraulic fracturing operations. |
| 25 | | (c) For well sites where high volume horizontal hydraulic |
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| 1 | | fracturing operations were permitted to occur, the operator |
| 2 | | shall restore any lands used by the operator other than the |
| 3 | | well site and production facility to a condition as closely |
| 4 | | approximating the pre-drilling conditions that existed before |
| 5 | | the land was disturbed for any stage of site preparation |
| 6 | | activities, drilling, and high volume horizontal hydraulic |
| 7 | | fracturing operations. Restoration shall be commenced within 6 |
| 8 | | months of completion of the well site and completed within 12 |
| 9 | | months. Restoration shall include, but is not limited to, |
| 10 | | repair of tile lines, repair of fences and barriers, mitigation |
| 11 | | of soil compaction and rutting, application of fertilizer or |
| 12 | | lime to restore the fertility of disturbed soil, and repair of |
| 13 | | soil conservation practices such as terraces and grassed |
| 14 | | waterways. |
| 15 | | (d) Unless contractually agreed to the contrary by the |
| 16 | | permittee and surface owner, the permittee shall restore the |
| 17 | | well site and production facility in accordance with the |
| 18 | | applicable restoration requirements in subsection (c) of this |
| 19 | | Section and shall remove all equipment and materials involved |
| 20 | | in site preparation, drilling, and high volume horizontal |
| 21 | | hydraulic fracturing operations, including tank batteries, |
| 22 | | rock and concrete pads, oilfield oil field debris, injection |
| 23 | | and flow lines at or above the surface, electric power lines |
| 24 | | and poles extending on or above the surface, tanks, fluids, |
| 25 | | pipes at or above the surface, secondary containment measures, |
| 26 | | rock or concrete bases, drilling equipment and supplies, and |
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| 1 | | any and all other equipment, facilities, or materials used |
| 2 | | during any stage of site preparation work, drilling, or |
| 3 | | hydraulic fracturing operations at the well site. Work on the |
| 4 | | removal of equipment and materials at the well site shall begin |
| 5 | | within 6 months after plugging the final well on the well site |
| 6 | | and be completed no later than 12 months after the last |
| 7 | | producing well on the well site has been plugged. Roads |
| 8 | | installed as part of the oil and gas operation may be left in |
| 9 | | place if provided in the lease or pursuant to agreement with |
| 10 | | the surface owner, as applicable.
|
| 11 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
|
| 12 | | Section 520. The Riverboat Gambling Act is amended by |
| 13 | | changing Section 8 as follows:
|
| 14 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
|
| 15 | | Sec. 8. Suppliers licenses.
|
| 16 | | (a) The Board may issue a suppliers license to such |
| 17 | | persons, firms or
corporations which apply therefor upon the |
| 18 | | payment of a non-refundable
application fee set by the Board, |
| 19 | | upon a determination by the Board that
the applicant is |
| 20 | | eligible for a suppliers license and upon payment of a
$5,000 |
| 21 | | annual license
fee.
|
| 22 | | (b) The holder of a suppliers license is authorized to sell |
| 23 | | or lease,
and to contract to sell or lease, gambling equipment |
| 24 | | and supplies to any
licensee involved in the ownership or |
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| 1 | | management of gambling operations.
|
| 2 | | (c) Gambling supplies and equipment may not be distributed
|
| 3 | | unless supplies and equipment conform to standards adopted by
|
| 4 | | rules of the Board.
|
| 5 | | (d) A person, firm or corporation is ineligible to receive |
| 6 | | a suppliers
license if:
|
| 7 | | (1) the person has been convicted of a felony under the |
| 8 | | laws of this
State, any other state, or the United States;
|
| 9 | | (2) the person has been convicted of any violation of |
| 10 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
| 11 | | Code of 2012, or substantially similar laws of any other |
| 12 | | jurisdiction;
|
| 13 | | (3) the person has submitted an application for a |
| 14 | | license under this
Act which contains false information;
|
| 15 | | (4) the person is a member of the Board;
|
| 16 | | (5) the firm or corporation is one in which a person |
| 17 | | defined in (1),
(2), (3) or (4), is an officer, director or |
| 18 | | managerial employee;
|
| 19 | | (6) the firm or corporation employs a person who |
| 20 | | participates in the
management or operation of riverboat |
| 21 | | gambling authorized under this Act;
|
| 22 | | (7) the license of the person, firm or corporation |
| 23 | | issued under
this Act, or a license to own or operate |
| 24 | | gambling facilities
in any other jurisdiction, has been |
| 25 | | revoked.
|
| 26 | | (e) Any person that supplies any equipment, devices, or |
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| 1 | | supplies to a
licensed riverboat gambling operation must first |
| 2 | | obtain a suppliers
license. A supplier shall furnish to the |
| 3 | | Board a list of all equipment,
devices and supplies offered for |
| 4 | | sale or lease in connection with gambling
games authorized |
| 5 | | under this Act. A supplier shall keep books and records
for the |
| 6 | | furnishing of equipment, devices and supplies to gambling
|
| 7 | | operations separate and distinct from any other business that |
| 8 | | the supplier
might operate. A supplier shall file a quarterly |
| 9 | | return with the Board
listing all sales and leases. A supplier |
| 10 | | shall permanently affix its name or a distinctive logo or other |
| 11 | | mark or design element identifying the manufacturer or supplier
|
| 12 | | to all its equipment, devices, and supplies, except gaming |
| 13 | | chips without a value impressed, engraved, or imprinted on it, |
| 14 | | for gambling operations.
The Board may waive this requirement |
| 15 | | for any specific product or products if it determines that the |
| 16 | | requirement is not necessary to protect the integrity of the |
| 17 | | game. Items purchased from a licensed supplier may continue to |
| 18 | | be used even though the supplier subsequently changes its name, |
| 19 | | distinctive logo, or other mark or design element; undergoes a |
| 20 | | change in ownership; or ceases to be licensed as a supplier for |
| 21 | | any reason. Any supplier's equipment, devices or supplies which |
| 22 | | are used by any person
in an unauthorized gambling operation |
| 23 | | shall be forfeited to the State. A
licensed owner may own its |
| 24 | | own equipment, devices and supplies. Each
holder of an owners |
| 25 | | license under the Act shall file an annual report
listing its |
| 26 | | inventories of gambling equipment, devices and supplies.
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| 1 | | (f) Any person who knowingly makes a false statement on an |
| 2 | | application
is guilty of a Class A misdemeanor.
|
| 3 | | (g) Any gambling equipment, devices and supplies provided |
| 4 | | by any
licensed supplier may either be repaired on the |
| 5 | | riverboat or removed from
the riverboat to an on-shore facility |
| 6 | | owned by the holder of an owners
license for repair.
|
| 7 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
| 8 | | revised 6-10-13.)
|
| 9 | | Section 525. The Raffles Act is amended by changing Section |
| 10 | | 8.1 as follows:
|
| 11 | | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
|
| 12 | | Sec. 8.1. (a) Political Committees. |
| 13 | | (a) For the purposes of this Section
the terms defined in |
| 14 | | this subsection have the meanings given them.
|
| 15 | | "Net Proceeds" means the gross receipts from the conduct of |
| 16 | | raffles, less
reasonable sums expended for prizes, license fees |
| 17 | | and other reasonable
operating expenses incurred as a result of |
| 18 | | operating a raffle.
|
| 19 | | "Raffle" means a form of lottery, as defined in Section |
| 20 | | 28-2 (b) of the
Criminal Code of 2012, conducted by a political |
| 21 | | committee licensed under
this Section, in which:
|
| 22 | | (1) the player pays or agrees to pay something of value |
| 23 | | for a chance,
represented and differentiated by a number or |
| 24 | | by a combination of numbers
or by some other medium, one or |
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| 1 | | more of which chances is to be designated
the winning |
| 2 | | chance;
|
| 3 | | (2) the winning chance is to be determined through a |
| 4 | | drawing or by some
other method based on an element of |
| 5 | | chance by an act or set of acts on the
part of persons |
| 6 | | conducting or connected with the lottery, except that the
|
| 7 | | winning chance shall not be determined by the outcome of a |
| 8 | | publicly exhibited
sporting contest.
|
| 9 | | "Unresolved claim" means a claim for civil penalty under |
| 10 | | Sections
9-3, 9-10, and 9-23
of The Election Code which has |
| 11 | | been begun by the State Board of Elections,
has been disputed |
| 12 | | by the political committee under the applicable rules of
the |
| 13 | | State Board of Elections, and has not been finally decided |
| 14 | | either by
the State Board of Elections, or, where application |
| 15 | | for review has been
made to the Courts of Illinois, remains |
| 16 | | finally undecided by the Courts.
|
| 17 | | "Owes" means that a political committee has been finally |
| 18 | | determined under
applicable rules of the State Board of |
| 19 | | Elections to be liable for a civil
penalty under Sections
9-3, |
| 20 | | 9-10, and 9-23 of The Election
Code.
|
| 21 | | (b) Licenses issued pursuant to this Section shall be valid |
| 22 | | for one
raffle or for a specified number of raffles to be |
| 23 | | conducted during a
specified period not to exceed one year and |
| 24 | | may be suspended or revoked for
any violation of this Section. |
| 25 | | The State Board of Elections shall act on a
license application |
| 26 | | within 30 days from the date of application.
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| 1 | | (c) Licenses issued by the State Board of Elections are
|
| 2 | | subject to the following restrictions:
|
| 3 | | (1) No political committee shall conduct raffles or |
| 4 | | chances without
having first obtained a license therefor |
| 5 | | pursuant to this Section.
|
| 6 | | (2) The application for license shall be prepared in |
| 7 | | accordance with
regulations of the State Board of Elections
|
| 8 | | and must specify the area or
areas within the State in |
| 9 | | which raffle chances will be sold or issued, the
time |
| 10 | | period during which raffle chances will be sold or issued, |
| 11 | | the time of
determination of winning chances and the |
| 12 | | location or locations at which
winning chances will be |
| 13 | | determined.
|
| 14 | | (3) A license authorizes the licensee to conduct |
| 15 | | raffles as defined in
this Section.
|
| 16 | | The following are ineligible for any license under this |
| 17 | | Section:
|
| 18 | | (i) any political committee which has an officer |
| 19 | | who has been
convicted of a felony;
|
| 20 | | (ii) any political committee which has an officer |
| 21 | | who is or has been a
professional gambler or gambling |
| 22 | | promoter;
|
| 23 | | (iii) any political committee which has an officer |
| 24 | | who is not of good
moral character;
|
| 25 | | (iv) any political committee which has an officer |
| 26 | | who is also an officer
of a firm or corporation in |
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| 1 | | which a person defined in (i), (ii) or (iii)
has a |
| 2 | | proprietary, equitable or credit interest, or in which |
| 3 | | such a person
is active or employed;
|
| 4 | | (v) any political committee in which a person |
| 5 | | defined in (i), (ii) or
(iii) is an officer, director, |
| 6 | | or employee, whether compensated or not;
|
| 7 | | (vi) any political committee in which a person |
| 8 | | defined in (i), (ii) or
(iii) is to participate in the |
| 9 | | management or operation of a raffle as
defined in this |
| 10 | | Section;
|
| 11 | | (vii) any committee which, at the time of its |
| 12 | | application for a
license to conduct a raffle, owes the |
| 13 | | State Board of Elections any unpaid
civil penalty |
| 14 | | authorized by Sections
9-3, 9-10, and 9-23 of
The |
| 15 | | Election Code, or is the
subject of an unresolved claim |
| 16 | | for a civil penalty under Sections
9-3, 9-10, and 9-23 |
| 17 | | of
The Election Code;
|
| 18 | | (viii) any political committee which, at the time |
| 19 | | of its application
to conduct a raffle, has not |
| 20 | | submitted any report or document required to
be filed |
| 21 | | by Article 9 of The Election Code and such report or |
| 22 | | document is
more than 10 days overdue.
|
| 23 | | (d) (1) The conducting of raffles is subject
to the |
| 24 | | following restrictions:
|
| 25 | | (i) The entire net proceeds of any raffle must be |
| 26 | | exclusively devoted
to the lawful purposes of the |
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| 1 | | political committee permitted to conduct that
game.
|
| 2 | | (ii) No person except a bona fide member of the |
| 3 | | political committee
may participate in the management |
| 4 | | or operation of the raffle.
|
| 5 | | (iii) No person may receive any remuneration or |
| 6 | | profit for participating
in the management or |
| 7 | | operation of the raffle.
|
| 8 | | (iv) Raffle chances may be sold or issued only |
| 9 | | within the area specified
on the license and winning |
| 10 | | chances may be determined only at those locations
|
| 11 | | specified on the license.
|
| 12 | | (v) A person under the age of 18 years may |
| 13 | | participate in the conducting
of raffles or chances |
| 14 | | only with the permission of a parent or guardian.
A |
| 15 | | person under the age of 18 years may be within
the area |
| 16 | | where winning chances are being determined only when |
| 17 | | accompanied
by his parent or guardian.
|
| 18 | | (2) If a lessor rents premises where a winning chance |
| 19 | | or chances on a
raffle are determined, the lessor shall not |
| 20 | | be criminally liable if the
person who uses the premises |
| 21 | | for the determining of winning chances does not
hold a |
| 22 | | license issued under the provisions
of this Section.
|
| 23 | | (e) (1) Each political committee licensed to conduct |
| 24 | | raffles and
chances shall keep records of its gross |
| 25 | | receipts, expenses and net proceeds
for each single |
| 26 | | gathering or occasion at which winning chances are |
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| 1 | | determined.
All deductions from gross receipts for each |
| 2 | | single gathering or occasion
shall be documented with |
| 3 | | receipts or other records indicating the amount,
a |
| 4 | | description of the purchased item or service or other |
| 5 | | reason for the
deduction, and the recipient. The |
| 6 | | distribution of net proceeds shall be
itemized as to payee, |
| 7 | | purpose, amount and date of payment.
|
| 8 | | (2) Each political committee licensed to conduct |
| 9 | | raffles shall report
on the next report due to be filed |
| 10 | | under Article 9 of The Election Code
its gross receipts, |
| 11 | | expenses and net proceeds
from raffles, and the |
| 12 | | distribution of net proceeds itemized as required in
this |
| 13 | | subsection.
|
| 14 | | Such reports shall be included in the regular reports |
| 15 | | required of
political committees by Article 9 of The Election |
| 16 | | Code.
|
| 17 | | (3) Records required by this subsection shall be |
| 18 | | preserved for 3 years,
and political committees shall make |
| 19 | | available their records relating to
operation of raffles |
| 20 | | for public inspection at reasonable times and places.
|
| 21 | | (f) Violation of any provision of this Section is a Class
C |
| 22 | | misdemeanor.
|
| 23 | | (g) Nothing in this Section shall be construed to authorize |
| 24 | | the conducting
or operating of any gambling scheme, enterprise, |
| 25 | | activity or device other
than raffles as provided for herein.
|
| 26 | | (Source: P.A. 97-1150, eff. 1-25-13; revised 11-12-13.)
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| 1 | | Section 530. The Video Gaming
Act is amended by changing |
| 2 | | Sections 5, 15, 25, and 45 as follows:
|
| 3 | | (230 ILCS 40/5)
|
| 4 | | Sec. 5. Definitions. As used in this Act:
|
| 5 | | "Board" means the Illinois Gaming Board.
|
| 6 | | "Credit" means one, 5, 10, or 25 cents either won or |
| 7 | | purchased by a player.
|
| 8 | | "Distributor" means an individual, partnership, |
| 9 | | corporation, or limited liability company licensed under
this |
| 10 | | Act to buy, sell, lease, or distribute video gaming terminals |
| 11 | | or major
components or parts of video gaming terminals to or |
| 12 | | from terminal
operators.
|
| 13 | | "Electronic card" means a card purchased from a licensed |
| 14 | | establishment, licensed fraternal establishment, licensed |
| 15 | | veterans establishment, or licensed truck stop establishment |
| 16 | | for use in that establishment as a substitute for cash in the |
| 17 | | conduct of gaming on a video gaming terminal. |
| 18 | | "Electronic voucher" means a voucher printed by an |
| 19 | | electronic video game machine that is redeemable in the |
| 20 | | licensed establishment for which it was issued. |
| 21 | | "Terminal operator" means an individual, partnership, |
| 22 | | corporation, or limited liability company that is
licensed |
| 23 | | under this Act and that owns, services, and maintains video
|
| 24 | | gaming terminals for placement in licensed establishments, |
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| 1 | | licensed truck stop establishments, licensed fraternal
|
| 2 | | establishments, or licensed veterans establishments.
|
| 3 | | "Licensed technician" means an individual
who
is licensed |
| 4 | | under this Act to repair,
service, and maintain
video gaming |
| 5 | | terminals.
|
| 6 | | "Licensed terminal handler" means a person, including but |
| 7 | | not limited to an employee or independent contractor working |
| 8 | | for a manufacturer, distributor, supplier, technician, or |
| 9 | | terminal operator, who is licensed under this Act to possess or |
| 10 | | control a video gaming terminal or to have access to the inner |
| 11 | | workings of a video gaming terminal. A licensed terminal |
| 12 | | handler does not include an individual, partnership, |
| 13 | | corporation, or limited liability company defined as a |
| 14 | | manufacturer, distributor, supplier, technician, or terminal |
| 15 | | operator under this Act. |
| 16 | | "Manufacturer" means an individual, partnership, |
| 17 | | corporation, or limited liability company that is
licensed |
| 18 | | under this Act and that manufactures or assembles video gaming
|
| 19 | | terminals.
|
| 20 | | "Supplier" means an individual, partnership, corporation, |
| 21 | | or limited liability company that is
licensed under this Act to |
| 22 | | supply major components or parts to video gaming
terminals to |
| 23 | | licensed
terminal operators.
|
| 24 | | "Net terminal income" means money put into a video gaming |
| 25 | | terminal minus
credits paid out to players.
|
| 26 | | "Video gaming terminal" means any electronic video game |
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| 1 | | machine
that, upon insertion of cash, electronic cards or |
| 2 | | vouchers, or any combination thereof, electronic voucher, or |
| 3 | | any combination thereof, is available to play or simulate the |
| 4 | | play of
a video game, including but not limited to video poker, |
| 5 | | line up, and blackjack, as
authorized by the Board utilizing a |
| 6 | | video display and microprocessors in
which the player may |
| 7 | | receive free games or credits that can be
redeemed for cash. |
| 8 | | The term does not include a machine that directly
dispenses |
| 9 | | coins, cash, or tokens or is for amusement purposes only.
|
| 10 | | "Licensed establishment" means any licensed retail |
| 11 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
| 12 | | or otherwise served for consumption
on the premises, whether |
| 13 | | the establishment operates on a nonprofit or for-profit basis. |
| 14 | | "Licensed establishment" includes any such establishment that |
| 15 | | has a contractual relationship with an inter-track wagering |
| 16 | | location licensee licensed under the Illinois Horse Racing Act |
| 17 | | of 1975, provided any contractual relationship shall not |
| 18 | | include any transfer or offer of revenue from the operation of |
| 19 | | video gaming under this Act to any licensee licensed under the |
| 20 | | Illinois Horse Racing Act of 1975. Provided, however, that the |
| 21 | | licensed establishment that has such a contractual |
| 22 | | relationship with an inter-track wagering location licensee |
| 23 | | may not, itself, be (i) an inter-track wagering location |
| 24 | | licensee, (ii) the corporate parent or subsidiary of any |
| 25 | | licensee licensed under the Illinois Horse Racing Act of 1975, |
| 26 | | or (iii) the corporate subsidiary of a corporation that is also |
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| 1 | | the corporate parent or subsidiary of any licensee licensed |
| 2 | | under the Illinois Horse Racing Act of 1975. "Licensed |
| 3 | | establishment" does not include a facility operated by an |
| 4 | | organization licensee, an inter-track wagering licensee, or an |
| 5 | | inter-track wagering location licensee licensed under the |
| 6 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under |
| 7 | | the Riverboat Gambling Act, except as provided in this |
| 8 | | paragraph. The changes made to this definition by Public Act |
| 9 | | 98-587 this amendatory Act of the 98th General Assembly are |
| 10 | | declarative of existing law.
|
| 11 | | "Licensed fraternal establishment" means the location |
| 12 | | where a qualified
fraternal organization that derives its |
| 13 | | charter from a national fraternal
organization regularly |
| 14 | | meets.
|
| 15 | | "Licensed veterans establishment" means the location where |
| 16 | | a qualified
veterans organization that derives its charter from |
| 17 | | a national veterans
organization regularly meets.
|
| 18 | | "Licensed truck stop establishment" means a facility (i) |
| 19 | | that is at least a
3-acre facility with a convenience store, |
| 20 | | (ii) with separate diesel
islands for fueling commercial motor |
| 21 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
| 22 | | of diesel or biodiesel fuel per month, and (iv) with parking |
| 23 | | spaces for commercial
motor vehicles. "Commercial motor |
| 24 | | vehicles" has the same meaning as defined in Section 18b-101 of |
| 25 | | the Illinois Vehicle Code. The requirement of item (iii) of |
| 26 | | this paragraph may be met by showing that estimated future |
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| 1 | | sales or past sales average at least 10,000 gallons per month.
|
| 2 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; |
| 3 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
|
| 4 | | (230 ILCS 40/15)
|
| 5 | | Sec. 15. Minimum requirements for
licensing and |
| 6 | | registration. Every video gaming terminal offered for
play |
| 7 | | shall first be
tested and approved pursuant to the rules of the |
| 8 | | Board, and
each video gaming terminal offered in this State for |
| 9 | | play shall conform to an
approved
model. For the examination of |
| 10 | | video gaming machines and associated equipment as required by |
| 11 | | this Section, the Board may utilize the services of one or more |
| 12 | | independent outside testing laboratories that have been |
| 13 | | accredited by a national accreditation body and that, in the |
| 14 | | judgment of the Board, are qualified to perform such |
| 15 | | examinations. Every video gaming terminal offered in this State |
| 16 | | for play must meet minimum standards set by an independent |
| 17 | | outside testing laboratory approved by the Board. Each approved |
| 18 | | model shall, at a minimum, meet the following
criteria:
|
| 19 | | (1) It must conform to all requirements of federal law |
| 20 | | and
regulations, including FCC Class A
Emissions |
| 21 | | Standards.
|
| 22 | | (2) It must theoretically pay out a mathematically |
| 23 | | demonstrable percentage
during the expected lifetime of |
| 24 | | the machine
of all amounts played, which must not be less |
| 25 | | than 80%. The Board shall establish a maximum payout |
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| 1 | | percentage for approved models by rule. Video gaming
|
| 2 | | terminals that may be affected by skill must meet this |
| 3 | | standard when using a
method of play that will provide the |
| 4 | | greatest return to the player over a
period of continuous |
| 5 | | play.
|
| 6 | | (3) It must use a random selection process to determine |
| 7 | | the outcome of
each play of a game. The random selection |
| 8 | | process must meet 99% confidence
limits using a standard |
| 9 | | chi-squared test for (randomness) goodness of fit.
|
| 10 | | (4) It must display an accurate representation of the |
| 11 | | game outcome.
|
| 12 | | (5) It must not automatically alter pay tables or any |
| 13 | | function of the
video gaming terminal based on internal |
| 14 | | computation of hold percentage or have
any means of |
| 15 | | manipulation that affects the random selection process or
|
| 16 | | probabilities of winning a game.
|
| 17 | | (6) It must not be adversely affected by static |
| 18 | | discharge or other
electromagnetic interference.
|
| 19 | | (7) It must be capable of detecting and displaying the |
| 20 | | following
conditions
during idle states or on demand: power |
| 21 | | reset; door open; and door just closed.
|
| 22 | | (8) It must have the capacity to display complete play |
| 23 | | history
(outcome, intermediate play steps, credits |
| 24 | | available, bets placed, credits
paid, and credits cashed |
| 25 | | out) for the most recent game played and 10 games
prior
|
| 26 | | thereto.
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| 1 | | (9) The theoretical payback percentage of a video |
| 2 | | gaming terminal must
not be
capable of being changed |
| 3 | | without making a hardware or software change in
the video |
| 4 | | gaming terminal, either on site or via the central |
| 5 | | communications system.
|
| 6 | | (10) Video gaming terminals must be designed so that |
| 7 | | replacement of
parts or modules required for normal |
| 8 | | maintenance does not necessitate
replacement of the |
| 9 | | electromechanical meters.
|
| 10 | | (11) It must have nonresettable meters housed in a |
| 11 | | locked area of the
terminal that
keep a permanent record of |
| 12 | | all cash inserted into the machine, all winnings
made by |
| 13 | | the terminal printer, credits played in for video gaming |
| 14 | | terminals, and
credits won by video gaming players. The |
| 15 | | video gaming terminal must provide
the means for on-demand |
| 16 | | display of stored information as determined by the
Board.
|
| 17 | | (12) Electronically stored meter information required |
| 18 | | by this Section
must be preserved for a minimum of 180 days |
| 19 | | after a power loss to the service.
|
| 20 | | (13) It must have one or more mechanisms that accept |
| 21 | | cash in the
form of
bills. The mechanisms shall be designed |
| 22 | | to prevent obtaining credits without
paying by stringing, |
| 23 | | slamming, drilling, or other means. If such attempts at |
| 24 | | physical tampering are made, the video gaming terminal |
| 25 | | shall suspend itself from operating until reset.
|
| 26 | | (14) It shall have accounting software that keeps an |
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| 1 | | electronic record
which includes, but is not limited to, |
| 2 | | the following: total cash inserted
into the video gaming |
| 3 | | terminal; the value of winning tickets claimed by
players; |
| 4 | | the
total credits played; the total
credits awarded
by a |
| 5 | | video gaming terminal; and pay back percentage credited to |
| 6 | | players of each video game.
|
| 7 | | (15) It shall be linked by a central communications |
| 8 | | system
to provide
auditing program information as approved |
| 9 | | by the Board. The central communications system shall use a |
| 10 | | standard industry protocol, as defined by the Gaming |
| 11 | | Standards Association, and shall have the functionality to |
| 12 | | enable the Board or its designee to activate or deactivate |
| 13 | | individual gaming devices from the central communications |
| 14 | | system. In no event may the
communications system approved |
| 15 | | by the Board limit participation to only one
manufacturer |
| 16 | | of video gaming terminals by either the cost in |
| 17 | | implementing
the necessary program modifications to |
| 18 | | communicate or the inability to
communicate with the |
| 19 | | central communications system.
|
| 20 | | (16) The Board, in its discretion, may require video |
| 21 | | gaming terminals to display Amber Alert messages if the |
| 22 | | Board makes a finding that it would be economically and |
| 23 | | technically feasible and pose no risk to the integrity and |
| 24 | | security of the central communications system and video |
| 25 | | gaming terminals.
|
| 26 | | The Board may adopt rules to establish additional criteria |
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| 1 | | to preserve the integrity and security of video gaming in this |
| 2 | | State. The central communications system vendor may be licensed |
| 3 | | as a video gaming terminal manufacturer or a video gaming |
| 4 | | terminal distributor, or both, but in no event shall the |
| 5 | | central communications system vendor be licensed as a video |
| 6 | | gaming terminal operator. |
| 7 | | The Board shall not permit the development of information |
| 8 | | or the use by any licensee of gaming device or individual game |
| 9 | | performance data. Nothing in this Act shall inhibit or prohibit |
| 10 | | the Board from the use of gaming device or individual game |
| 11 | | performance data in its regulatory duties. The Board shall |
| 12 | | adopt rules to ensure that all licensees are treated and all |
| 13 | | licensees act in a non-discriminatory manner and develop |
| 14 | | processes and penalties to enforce those rules. |
| 15 | | (Source: P.A. 98-31, eff. 6-24-13; 98-377, eff. 1-1-14; 98-582, |
| 16 | | eff. 8-27-13; revised 9-19-13.)
|
| 17 | | (230 ILCS 40/25)
|
| 18 | | Sec. 25. Restriction of licensees.
|
| 19 | | (a) Manufacturer. A person may not be licensed as a |
| 20 | | manufacturer of a
video gaming terminal in Illinois unless the |
| 21 | | person has a valid
manufacturer's license issued
under this |
| 22 | | Act. A manufacturer may only sell video gaming terminals for |
| 23 | | use
in Illinois to
persons having a valid distributor's |
| 24 | | license.
|
| 25 | | (b) Distributor. A person may not sell, distribute, or |
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| 1 | | lease
or market a video gaming terminal in Illinois unless the |
| 2 | | person has a valid
distributor's
license issued under this Act. |
| 3 | | A distributor may only sell video gaming
terminals for use in
|
| 4 | | Illinois to persons having a valid distributor's or terminal |
| 5 | | operator's
license.
|
| 6 | | (c) Terminal operator. A person may not own, maintain, or |
| 7 | | place a video gaming terminal unless he has a valid terminal |
| 8 | | operator's
license issued
under this Act. A terminal operator |
| 9 | | may only place video gaming terminals for
use in
Illinois in |
| 10 | | licensed establishments, licensed truck stop establishments, |
| 11 | | licensed fraternal establishments,
and
licensed veterans |
| 12 | | establishments.
No terminal operator may give anything of |
| 13 | | value, including but not limited to
a loan or financing |
| 14 | | arrangement, to a licensed establishment, licensed truck stop |
| 15 | | establishment,
licensed fraternal establishment, or licensed |
| 16 | | veterans establishment as
any incentive or inducement to locate |
| 17 | | video terminals in that establishment.
Of the after-tax profits
|
| 18 | | from a video gaming terminal, 50% shall be paid to the terminal
|
| 19 | | operator and 50% shall be paid to the licensed establishment, |
| 20 | | licensed truck stop establishment,
licensed fraternal |
| 21 | | establishment, or
licensed veterans establishment, |
| 22 | | notwithstanding any agreement to the contrary.
A video terminal |
| 23 | | operator that violates one or more requirements of this |
| 24 | | subsection is guilty of a Class 4 felony and is subject to |
| 25 | | termination of his or her license by the Board.
|
| 26 | | (d) Licensed technician. A person may not service, |
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| 1 | | maintain, or repair a
video gaming terminal
in this State |
| 2 | | unless he or she (1) has a valid technician's license issued
|
| 3 | | under this Act, (2) is a terminal operator, or (3) is employed |
| 4 | | by a terminal
operator, distributor, or manufacturer.
|
| 5 | | (d-5) Licensed terminal handler. No person, including, but |
| 6 | | not limited to, an employee or independent contractor working |
| 7 | | for a manufacturer, distributor, supplier, technician, or |
| 8 | | terminal operator licensed pursuant to this Act, shall have |
| 9 | | possession or control of a video gaming terminal, or access to |
| 10 | | the inner workings of a video gaming terminal, unless that |
| 11 | | person possesses a valid terminal handler's license issued |
| 12 | | under this Act. |
| 13 | | (e) Licensed establishment. No video gaming terminal may be |
| 14 | | placed in any licensed establishment, licensed veterans |
| 15 | | establishment, licensed truck stop establishment,
or licensed |
| 16 | | fraternal establishment
unless the owner
or agent of the owner |
| 17 | | of the licensed establishment, licensed veterans |
| 18 | | establishment, licensed truck stop establishment, or licensed
|
| 19 | | fraternal establishment has entered into a
written use |
| 20 | | agreement with the terminal operator for placement of the
|
| 21 | | terminals. A copy of the use agreement shall be on file in the |
| 22 | | terminal
operator's place of business and available for |
| 23 | | inspection by individuals
authorized by the Board. A licensed |
| 24 | | establishment, licensed truck stop establishment, licensed |
| 25 | | veterans establishment,
or
licensed
fraternal
establishment |
| 26 | | may operate up to 5 video gaming terminals on its premises at |
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| 1 | | any
time.
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| 2 | | (f) (Blank).
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| 3 | | (g) Financial interest restrictions.
As used in this Act, |
| 4 | | "substantial interest" in a partnership, a corporation, an
|
| 5 | | organization, an association, a business, or a limited |
| 6 | | liability company means:
|
| 7 | | (A) When, with respect to a sole proprietorship, an |
| 8 | | individual or
his or her spouse owns, operates, manages, or |
| 9 | | conducts, directly
or indirectly, the organization, |
| 10 | | association, or business, or any part thereof;
or
|
| 11 | | (B) When, with respect to a partnership, the individual |
| 12 | | or his or
her spouse shares in any of the profits, or |
| 13 | | potential profits,
of the partnership activities; or
|
| 14 | | (C) When, with respect to a corporation, an individual |
| 15 | | or his or her
spouse is an officer or director, or the |
| 16 | | individual or his or her spouse is a holder, directly or |
| 17 | | beneficially, of 5% or more of any class
of stock of the |
| 18 | | corporation; or
|
| 19 | | (D) When, with respect to an organization not covered |
| 20 | | in (A), (B) or
(C) above, an individual or his or her |
| 21 | | spouse is an officer or manages the
business affairs, or |
| 22 | | the individual or his or her spouse is the
owner of or |
| 23 | | otherwise controls 10% or more of the assets of the |
| 24 | | organization;
or
|
| 25 | | (E) When an individual or his or her spouse furnishes
|
| 26 | | 5% or more of the capital, whether in cash, goods, or |
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| 1 | | services, for the
operation of any business, association, |
| 2 | | or organization during any calendar
year; or |
| 3 | | (F) When, with respect to a limited liability company, |
| 4 | | an individual or his or her
spouse is a member, or the |
| 5 | | individual or his or her spouse is a holder, directly or |
| 6 | | beneficially, of 5% or more of the membership interest of |
| 7 | | the limited liability company.
|
| 8 | | For purposes of this subsection (g), "individual" includes |
| 9 | | all individuals or their spouses whose combined interest would |
| 10 | | qualify as a substantial interest under this subsection (g) and |
| 11 | | whose activities with respect to an organization, association, |
| 12 | | or business are so closely aligned or coordinated as to |
| 13 | | constitute the activities of a single entity. |
| 14 | | (h) Location restriction. A licensed establishment, |
| 15 | | licensed truck stop establishment, licensed
fraternal
|
| 16 | | establishment, or licensed veterans establishment that is (i) |
| 17 | | located within 1,000
feet of a facility operated by an |
| 18 | | organization licensee licensed under the Illinois Horse Racing |
| 19 | | Act of 1975 or the home dock of a riverboat licensed under the |
| 20 | | Riverboat
Gambling Act or (ii) located within 100 feet of a |
| 21 | | school or a place of worship under the Religious Corporation |
| 22 | | Act, is ineligible to operate a video gaming terminal. The |
| 23 | | location restrictions in this subsection (h) do not apply if |
| 24 | | (A) a facility operated by an organization licensee, a school, |
| 25 | | or a place of worship moves to or is established within the |
| 26 | | restricted area after a licensed establishment, licensed truck |
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| 1 | | stop establishment, licensed fraternal establishment, or |
| 2 | | licensed veterans establishment becomes licensed under this |
| 3 | | Act or (B) a school or place of worship moves to or is |
| 4 | | established within the restricted area after a licensed |
| 5 | | establishment, licensed truck stop establishment, licensed |
| 6 | | fraternal establishment, or licensed veterans establishment |
| 7 | | obtains its original liquor license. For the purpose of this |
| 8 | | subsection, "school" means an elementary or secondary public |
| 9 | | school, or an elementary or secondary private school registered |
| 10 | | with or recognized by the State Board of Education. |
| 11 | | Notwithstanding the provisions of this subsection (h), the |
| 12 | | Board may waive the requirement that a licensed establishment, |
| 13 | | licensed truck stop establishment, licensed fraternal |
| 14 | | establishment, or licensed veterans establishment not be |
| 15 | | located within 1,000 feet from a facility operated by an |
| 16 | | organization licensee or licensed under the Illinois Horse |
| 17 | | Racing Act of 1975 or the home dock of a riverboat licensed |
| 18 | | under the Riverboat Gambling Act. The Board shall not grant |
| 19 | | such waiver if there is any common ownership or control, shared |
| 20 | | business activity, or contractual arrangement of any type |
| 21 | | between the establishment and the organization licensee or |
| 22 | | owners licensee of a riverboat. The Board shall adopt rules to |
| 23 | | implement the provisions of this paragraph. |
| 24 | | (i) Undue economic concentration. In addition to |
| 25 | | considering all other requirements under this Act, in deciding |
| 26 | | whether to approve the operation of video gaming terminals by a |
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| 1 | | terminal operator in a location, the Board shall consider the |
| 2 | | impact of any economic concentration of such operation of video |
| 3 | | gaming terminals. The Board shall not allow a terminal operator |
| 4 | | to operate video gaming terminals if the Board determines such |
| 5 | | operation will result in undue economic concentration. For |
| 6 | | purposes of this Section, "undue economic concentration" means |
| 7 | | that a terminal operator would have such actual or potential |
| 8 | | influence over video gaming terminals in Illinois as to: |
| 9 | | (1) substantially impede or suppress competition among |
| 10 | | terminal operators; |
| 11 | | (2) adversely impact the economic stability of the |
| 12 | | video gaming industry in Illinois; or |
| 13 | | (3) negatively impact the purposes of the Video Gaming |
| 14 | | Act. |
| 15 | | The Board shall adopt rules concerning undue economic |
| 16 | | concentration with respect to the operation of video gaming |
| 17 | | terminals in Illinois. The rules shall include, but not be |
| 18 | | limited to, (i) limitations on the number of video gaming |
| 19 | | terminals operated by any terminal operator within a defined |
| 20 | | geographic radius and (ii) guidelines on the discontinuation of |
| 21 | | operation of any such video gaming terminals the Board |
| 22 | | determines will cause undue economic concentration.
|
| 23 | | (j) The provisions of the Illinois Antitrust Act are fully |
| 24 | | and equally applicable to the activities of any licensee under |
| 25 | | this Act.
|
| 26 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
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| 1 | | eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
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| 2 | | (230 ILCS 40/45)
|
| 3 | | Sec. 45. Issuance of license.
|
| 4 | | (a) The burden is upon each applicant to
demonstrate his |
| 5 | | suitability for licensure. Each video gaming terminal
|
| 6 | | manufacturer, distributor, supplier, operator, handler, |
| 7 | | licensed establishment, licensed truck stop establishment, |
| 8 | | licensed
fraternal
establishment, and licensed veterans |
| 9 | | establishment shall be
licensed by the Board.
The Board may |
| 10 | | issue or deny a license under this Act to any person pursuant |
| 11 | | to the same criteria set forth in Section 9 of the Riverboat |
| 12 | | Gambling Act.
|
| 13 | | (a-5) The Board shall not grant a license to a person who |
| 14 | | has facilitated, enabled, or participated in the use of |
| 15 | | coin-operated devices for gambling purposes or who is under the |
| 16 | | significant influence or control of such a person. For the |
| 17 | | purposes of this Act, "facilitated, enabled, or participated in |
| 18 | | the use of coin-operated amusement devices for gambling |
| 19 | | purposes" means that the person has been convicted of any |
| 20 | | violation of Article 28 of the Criminal Code of 1961 or the |
| 21 | | Criminal Code of 2012. If there is pending legal action against |
| 22 | | a person for any such violation, then the Board shall delay the |
| 23 | | licensure of that person until the legal action is resolved. |
| 24 | | (b) Each person seeking and possessing a license as a video |
| 25 | | gaming terminal manufacturer, distributor, supplier, operator, |
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| 1 | | handler, licensed establishment, licensed truck stop |
| 2 | | establishment, licensed fraternal establishment, or licensed |
| 3 | | veterans establishment shall submit to a background |
| 4 | | investigation conducted by the Board with the assistance of the |
| 5 | | State Police or other law enforcement. To the extent that the |
| 6 | | corporate structure of the applicant allows, the background |
| 7 | | investigation shall include any or all of the following as the |
| 8 | | Board deems appropriate or as provided by rule for each |
| 9 | | category of licensure: (i) each beneficiary of a trust, (ii) |
| 10 | | each partner of a partnership, (iii) each member of a limited |
| 11 | | liability company, (iv) each director and officer of a publicly |
| 12 | | or non-publicly held corporation, (v) each stockholder of a |
| 13 | | non-publicly held corporation, (vi) each stockholder of 5% or |
| 14 | | more of a publicly held corporation, or (vii) each stockholder |
| 15 | | of 5% or more in a parent or subsidiary corporation. |
| 16 | | (c) Each person seeking and possessing a license as a video |
| 17 | | gaming terminal manufacturer, distributor, supplier, operator, |
| 18 | | handler, licensed establishment, licensed truck stop |
| 19 | | establishment, licensed fraternal establishment, or licensed |
| 20 | | veterans establishment shall disclose the identity of every |
| 21 | | person, association, trust, corporation, or limited liability |
| 22 | | company having a greater than 1% direct or indirect pecuniary |
| 23 | | interest in the video gaming terminal operation for which the |
| 24 | | license is sought. If the disclosed entity is a trust, the |
| 25 | | application shall disclose the names and addresses of the |
| 26 | | beneficiaries; if a corporation, the names and addresses of all |
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| 1 | | stockholders and directors; if a limited liability company, the |
| 2 | | names and addresses of all members; or if a partnership, the |
| 3 | | names and addresses of all partners, both general and limited. |
| 4 | | (d) No person may be licensed as a video gaming terminal |
| 5 | | manufacturer, distributor, supplier, operator, handler, |
| 6 | | licensed establishment, licensed truck stop establishment, |
| 7 | | licensed fraternal establishment, or licensed veterans |
| 8 | | establishment if that person has been found by the Board to: |
| 9 | | (1) have a background, including a criminal record, |
| 10 | | reputation, habits, social or business associations, or |
| 11 | | prior activities that pose a threat to the public interests |
| 12 | | of the State or to the security and integrity of video |
| 13 | | gaming; |
| 14 | | (2) create or enhance the dangers of unsuitable, |
| 15 | | unfair, or illegal practices, methods, and activities in |
| 16 | | the conduct of video gaming; or |
| 17 | | (3) present questionable business practices and |
| 18 | | financial arrangements incidental to the conduct of video |
| 19 | | gaming activities. |
| 20 | | (e) Any applicant for any license under this Act has the |
| 21 | | burden of proving his or her qualifications to the satisfaction |
| 22 | | of the Board. The Board may adopt rules to establish additional |
| 23 | | qualifications and requirements to preserve the integrity and |
| 24 | | security of video gaming in this State. |
| 25 | | (f) A non-refundable application fee shall be paid at the |
| 26 | | time an
application for a license is filed with the Board in |
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| 1 | | the following amounts:
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| 2 | | (1) Manufacturer..........................$5,000
|
| 3 | | (2) Distributor...........................$5,000
|
| 4 | | (3) Terminal operator.....................$5,000
|
| 5 | | (4) Supplier..............................$2,500
|
| 6 | | (5) Technician..............................$100
|
| 7 | | (6) Terminal Handler..............................$50 |
| 8 | | (g) The Board shall establish an
annual fee for each |
| 9 | | license not to exceed the following: |
| 10 | | (1) Manufacturer.........................$10,000
|
| 11 | | (2) Distributor..........................$10,000
|
| 12 | | (3) Terminal operator.....................$5,000
|
| 13 | | (4) Supplier..............................$2,000
|
| 14 | | (5) Technician..............................$100
|
| 15 | | (6) Licensed establishment, licensed truck stop
|
| 16 | | establishment, licensed fraternal establishment,
|
| 17 | | or licensed veterans establishment..............$100
|
| 18 | | (7) Video gaming terminal...................$100
|
| 19 | | (8) Terminal Handler..............................$50
|
| 20 | | (h) A terminal operator and a licensed establishment, |
| 21 | | licensed truck stop establishment, licensed fraternal |
| 22 | | establishment,
or licensed veterans establishment shall |
| 23 | | equally split the fees specified in item (7) of subsection (g). |
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
| 25 | | 98-587, eff. 8-27-13; revised 9-19-13.)
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| 1 | | Section 535. The Liquor Control Act of 1934 is amended by |
| 2 | | changing Sections 5-1, 6-2, 6-6, 6-15, and 7-1 as follows:
|
| 3 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
| 4 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
| 5 | | Commission
shall be of the following classes: |
| 6 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
| 7 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
| 8 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
| 9 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
| 10 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
| 11 | | 10. Craft Brewer, |
| 12 | | (b) Distributor's license, |
| 13 | | (c) Importing Distributor's license, |
| 14 | | (d) Retailer's license, |
| 15 | | (e) Special Event Retailer's license (not-for-profit), |
| 16 | | (f) Railroad license, |
| 17 | | (g) Boat license, |
| 18 | | (h) Non-Beverage User's license, |
| 19 | | (i) Wine-maker's premises license, |
| 20 | | (j) Airplane license, |
| 21 | | (k) Foreign importer's license, |
| 22 | | (l) Broker's license, |
| 23 | | (m) Non-resident dealer's
license, |
| 24 | | (n) Brew Pub license, |
| 25 | | (o) Auction liquor license, |
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| 1 | | (p) Caterer retailer license, |
| 2 | | (q) Special use permit license, |
| 3 | | (r) Winery shipper's license.
|
| 4 | | No
person, firm, partnership, corporation, or other legal |
| 5 | | business entity that is
engaged in the manufacturing of wine |
| 6 | | may concurrently obtain and hold a
wine-maker's license and a |
| 7 | | wine manufacturer's license. |
| 8 | | (a) A manufacturer's license shall allow the manufacture,
|
| 9 | | importation in bulk, storage, distribution and sale of |
| 10 | | alcoholic liquor
to persons without the State, as may be |
| 11 | | permitted by law and to licensees
in this State as follows: |
| 12 | | Class 1. A Distiller may make sales and deliveries of |
| 13 | | alcoholic liquor to
distillers, rectifiers, importing |
| 14 | | distributors, distributors and
non-beverage users and to no |
| 15 | | other licensees. |
| 16 | | Class 2. A Rectifier, who is not a distiller, as defined |
| 17 | | herein, may make
sales and deliveries of alcoholic liquor to |
| 18 | | rectifiers, importing distributors,
distributors, retailers |
| 19 | | and non-beverage users and to no other licensees. |
| 20 | | Class 3. A Brewer may make sales and deliveries of beer to |
| 21 | | importing
distributors and distributors and may make sales as |
| 22 | | authorized under subsection (e) of Section 6-4 of this Act. |
| 23 | | Class 4. A first class wine-manufacturer may make sales and |
| 24 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
| 25 | | importing
distributors and distributors, and to no other |
| 26 | | licensees. |
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| 1 | | Class 5. A second class Wine manufacturer may make sales |
| 2 | | and deliveries
of more than 50,000 gallons of wine to |
| 3 | | manufacturers, importing distributors
and distributors and to |
| 4 | | no other licensees. |
| 5 | | Class 6. A first-class wine-maker's license shall allow the |
| 6 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
| 7 | | storage
and sale of such
wine to distributors in the State and |
| 8 | | to persons without the
State, as may be permitted by law. A |
| 9 | | person who, prior to the effective date of this amendatory Act |
| 10 | | of the 95th General Assembly, is a holder of a first-class |
| 11 | | wine-maker's license and annually produces more than 25,000 |
| 12 | | gallons of its own wine and who distributes its wine to |
| 13 | | licensed retailers shall cease this practice on or before July |
| 14 | | 1, 2008 in compliance with this amendatory Act of the 95th |
| 15 | | General Assembly. |
| 16 | | Class 7. A second-class wine-maker's license shall allow |
| 17 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
| 18 | | per year, and
the
storage and sale of such wine
to distributors |
| 19 | | in this State and to persons without the State, as may be
|
| 20 | | permitted by law. A person who, prior to the effective date of |
| 21 | | this amendatory Act of the 95th General Assembly, is a holder |
| 22 | | of a second-class wine-maker's license and annually produces |
| 23 | | more than 25,000 gallons of its own wine and who distributes |
| 24 | | its wine to licensed retailers shall cease this practice on or |
| 25 | | before July 1, 2008 in compliance with this amendatory Act of |
| 26 | | the 95th General Assembly. |
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| 1 | | Class 8. A limited wine-manufacturer may make sales and |
| 2 | | deliveries not to
exceed 40,000 gallons of wine per year to |
| 3 | | distributors, and to
non-licensees in accordance with the |
| 4 | | provisions of this Act. |
| 5 | | Class 9. A craft distiller license shall allow the |
| 6 | | manufacture of up to 30,000 gallons of spirits by distillation |
| 7 | | for one year after the effective date of this amendatory Act of |
| 8 | | the 97th General Assembly and up to 35,000 gallons of spirits |
| 9 | | by distillation per year thereafter and the storage of such |
| 10 | | spirits. If a craft distiller licensee is not affiliated with |
| 11 | | any other manufacturer, then the craft distiller licensee may |
| 12 | | sell such spirits to distributors in this State and up to 2,500 |
| 13 | | gallons of such spirits to non-licensees to the extent |
| 14 | | permitted by any exemption approved by the Commission pursuant |
| 15 | | to Section 6-4 of this Act. |
| 16 | | Any craft distiller licensed under this Act who on the |
| 17 | | effective date of this amendatory Act of the 96th General |
| 18 | | Assembly was licensed as a distiller and manufactured no more |
| 19 | | spirits than permitted by this Section shall not be required to |
| 20 | | pay the initial licensing fee. |
| 21 | | Class 10. A craft brewer's license, which may only be |
| 22 | | issued to a licensed brewer or licensed non-resident dealer, |
| 23 | | shall allow the manufacture of up to 930,000 gallons of beer |
| 24 | | per year. A craft brewer licensee may make sales and deliveries |
| 25 | | to importing distributors and distributors and to retail |
| 26 | | licensees in accordance with the conditions set forth in |
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| 1 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. |
| 2 | | (a-1) A manufacturer which is licensed in this State to |
| 3 | | make sales or
deliveries of alcoholic liquor to licensed |
| 4 | | distributors or importing distributors and which enlists |
| 5 | | agents, representatives, or
individuals acting on its behalf |
| 6 | | who contact licensed retailers on a regular
and continual basis |
| 7 | | in this State must register those agents, representatives,
or |
| 8 | | persons acting on its behalf with the State Commission. |
| 9 | | Registration of agents, representatives, or persons acting |
| 10 | | on behalf of a
manufacturer is fulfilled by submitting a form |
| 11 | | to the Commission. The form
shall be developed by the |
| 12 | | Commission and shall include the name and address of
the |
| 13 | | applicant, the name and address of the manufacturer he or she |
| 14 | | represents,
the territory or areas assigned to sell to or |
| 15 | | discuss pricing terms of
alcoholic liquor, and any other |
| 16 | | questions deemed appropriate and necessary.
All statements in |
| 17 | | the forms required to be made by law or by rule shall be
deemed |
| 18 | | material, and any person who knowingly misstates any material |
| 19 | | fact under
oath in an application is guilty of a Class B |
| 20 | | misdemeanor. Fraud,
misrepresentation, false statements, |
| 21 | | misleading statements, evasions, or
suppression of material |
| 22 | | facts in the securing of a registration are grounds for
|
| 23 | | suspension or revocation of the registration. The State |
| 24 | | Commission shall post a list of registered agents on the |
| 25 | | Commission's website. |
| 26 | | (b) A distributor's license shall allow the wholesale |
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| 1 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
| 2 | | liquors to licensees
in this State and to persons without the |
| 3 | | State, as may be permitted by law. |
| 4 | | (c) An importing distributor's license may be issued to and |
| 5 | | held by
those only who are duly licensed distributors, upon the |
| 6 | | filing of an
application by a duly licensed distributor, with |
| 7 | | the Commission and
the Commission shall, without the
payment of |
| 8 | | any fee, immediately issue such importing distributor's
|
| 9 | | license to the applicant, which shall allow the importation of |
| 10 | | alcoholic
liquor by the licensee into this State from any point |
| 11 | | in the United
States outside this State, and the purchase of |
| 12 | | alcoholic liquor in
barrels, casks or other bulk containers and |
| 13 | | the bottling of such
alcoholic liquors before resale thereof, |
| 14 | | but all bottles or containers
so filled shall be sealed, |
| 15 | | labeled, stamped and otherwise made to comply
with all |
| 16 | | provisions, rules and regulations governing manufacturers in
|
| 17 | | the preparation and bottling of alcoholic liquors. The |
| 18 | | importing
distributor's license shall permit such licensee to |
| 19 | | purchase alcoholic
liquor from Illinois licensed non-resident |
| 20 | | dealers and foreign importers only. |
| 21 | | (d) A retailer's license shall allow the licensee to sell |
| 22 | | and offer
for sale at retail, only in the premises specified in |
| 23 | | the license,
alcoholic liquor for use or consumption, but not |
| 24 | | for resale in any form. Nothing in this amendatory Act of the |
| 25 | | 95th General Assembly shall deny, limit, remove, or restrict |
| 26 | | the ability of a holder of a retailer's license to transfer, |
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| 1 | | deliver, or ship alcoholic liquor to the purchaser for use or |
| 2 | | consumption subject to any applicable local law or ordinance. |
| 3 | | Any retail license issued to a manufacturer shall only
permit |
| 4 | | the manufacturer to sell beer at retail on the premises |
| 5 | | actually
occupied by the manufacturer. For the purpose of |
| 6 | | further describing the type of business conducted at a retail |
| 7 | | licensed premises, a retailer's licensee may be designated by |
| 8 | | the State Commission as (i) an on premise consumption retailer, |
| 9 | | (ii) an off premise sale retailer, or (iii) a combined on |
| 10 | | premise consumption and off premise sale retailer.
|
| 11 | | Notwithstanding any other provision of this subsection |
| 12 | | (d), a retail
licensee may sell alcoholic liquors to a special |
| 13 | | event retailer licensee for
resale to the extent permitted |
| 14 | | under subsection (e). |
| 15 | | (e) A special event retailer's license (not-for-profit) |
| 16 | | shall permit the
licensee to purchase alcoholic liquors from an |
| 17 | | Illinois licensed distributor
(unless the licensee purchases |
| 18 | | less than $500 of alcoholic liquors for the
special event, in |
| 19 | | which case the licensee may purchase the alcoholic liquors
from |
| 20 | | a licensed retailer) and shall allow the licensee to sell and |
| 21 | | offer for
sale, at retail, alcoholic liquors for use or |
| 22 | | consumption, but not for resale
in any form and only at the |
| 23 | | location and on the specific dates designated for
the special |
| 24 | | event in the license. An applicant for a special event retailer
|
| 25 | | license must
(i) furnish with the application: (A) a resale |
| 26 | | number issued under Section
2c of the Retailers' Occupation Tax |
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| 1 | | Act or evidence that the applicant is
registered under Section |
| 2 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
| 3 | | exemption identification
number issued under Section 1g of the |
| 4 | | Retailers' Occupation Tax Act, and a
certification to the |
| 5 | | Commission that the purchase of alcoholic liquors will be
a |
| 6 | | tax-exempt purchase, or (C) a statement that the applicant is |
| 7 | | not registered
under Section 2a of the Retailers' Occupation |
| 8 | | Tax Act, does not hold a resale
number under Section 2c of the |
| 9 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
| 10 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
| 11 | | in which event the Commission shall set forth on the special |
| 12 | | event
retailer's license a statement to that effect; (ii) |
| 13 | | submit with the application proof satisfactory to
the State |
| 14 | | Commission that the applicant will provide dram shop liability
|
| 15 | | insurance in the maximum limits; and (iii) show proof |
| 16 | | satisfactory to the
State Commission that the applicant has |
| 17 | | obtained local authority
approval. |
| 18 | | (f) A railroad license shall permit the licensee to import |
| 19 | | alcoholic
liquors into this State from any point in the United |
| 20 | | States outside this
State and to store such alcoholic liquors |
| 21 | | in this State; to make wholesale
purchases of alcoholic liquors |
| 22 | | directly from manufacturers, foreign
importers, distributors |
| 23 | | and importing distributors from within or outside
this State; |
| 24 | | and to store such alcoholic liquors in this State; provided
|
| 25 | | that the above powers may be exercised only in connection with |
| 26 | | the
importation, purchase or storage of alcoholic liquors to be |
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| 1 | | sold or
dispensed on a club, buffet, lounge or dining car |
| 2 | | operated on an electric,
gas or steam railway in this State; |
| 3 | | and provided further, that railroad
licensees exercising the |
| 4 | | above powers shall be subject to all provisions of
Article VIII |
| 5 | | of this Act as applied to importing distributors. A railroad
|
| 6 | | license shall also permit the licensee to sell or dispense |
| 7 | | alcoholic
liquors on any club, buffet, lounge or dining car |
| 8 | | operated on an electric,
gas or steam railway regularly |
| 9 | | operated by a common carrier in this State,
but shall not |
| 10 | | permit the sale for resale of any alcoholic liquors to any
|
| 11 | | licensee within this State. A license shall be obtained for |
| 12 | | each car in which
such sales are made. |
| 13 | | (g) A boat license shall allow the sale of alcoholic liquor |
| 14 | | in
individual drinks, on any passenger boat regularly operated |
| 15 | | as a common
carrier on navigable waters in this State or on any |
| 16 | | riverboat operated
under
the Riverboat Gambling Act, which boat |
| 17 | | or riverboat maintains a public
dining room or restaurant |
| 18 | | thereon. |
| 19 | | (h) A non-beverage user's license shall allow the licensee |
| 20 | | to
purchase alcoholic liquor from a licensed manufacturer or |
| 21 | | importing
distributor, without the imposition of any tax upon |
| 22 | | the business of such
licensed manufacturer or importing |
| 23 | | distributor as to such alcoholic
liquor to be used by such |
| 24 | | licensee solely for the non-beverage purposes
set forth in |
| 25 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
| 26 | | shall be divided and classified and shall permit the
purchase, |
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| 1 | | possession and use of limited and stated quantities of
|
| 2 | | alcoholic liquor as follows: |
| 3 | | Class 1, not to exceed ......................... 500 gallons
|
| 4 | | Class 2, not to exceed ....................... 1,000 gallons
|
| 5 | | Class 3, not to exceed ....................... 5,000 gallons
|
| 6 | | Class 4, not to exceed ...................... 10,000 gallons
|
| 7 | | Class 5, not to exceed ....................... 50,000 gallons |
| 8 | | (i) A wine-maker's premises license shall allow a
licensee |
| 9 | | that concurrently holds a first-class wine-maker's license to |
| 10 | | sell
and offer for sale at retail in the premises specified in |
| 11 | | such license
not more than 50,000 gallons of the first-class |
| 12 | | wine-maker's wine that is
made at the first-class wine-maker's |
| 13 | | licensed premises per year for use or
consumption, but not for |
| 14 | | resale in any form. A wine-maker's premises
license shall allow |
| 15 | | a licensee who concurrently holds a second-class
wine-maker's |
| 16 | | license to sell and offer for sale at retail in the premises
|
| 17 | | specified in such license up to 100,000 gallons of the
|
| 18 | | second-class wine-maker's wine that is made at the second-class |
| 19 | | wine-maker's
licensed premises per year
for use or consumption |
| 20 | | but not for resale in any form. A wine-maker's premises license |
| 21 | | shall allow a
licensee that concurrently holds a first-class |
| 22 | | wine-maker's license or a second-class
wine-maker's license to |
| 23 | | sell
and offer for sale at retail at the premises specified in |
| 24 | | the wine-maker's premises license, for use or consumption but |
| 25 | | not for resale in any form, any beer, wine, and spirits |
| 26 | | purchased from a licensed distributor. Upon approval from the
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| 1 | | State Commission, a wine-maker's premises license
shall allow |
| 2 | | the licensee to sell and offer for sale at (i) the wine-maker's
|
| 3 | | licensed premises and (ii) at up to 2 additional locations for |
| 4 | | use and
consumption and not for resale. Each location shall |
| 5 | | require additional
licensing per location as specified in |
| 6 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
| 7 | | secure liquor liability insurance coverage in an amount at
|
| 8 | | least equal to the maximum liability amounts set forth in
|
| 9 | | subsection (a) of Section 6-21 of this Act.
|
| 10 | | (j) An airplane license shall permit the licensee to import
|
| 11 | | alcoholic liquors into this State from any point in the United |
| 12 | | States
outside this State and to store such alcoholic liquors |
| 13 | | in this State; to
make wholesale purchases of alcoholic liquors |
| 14 | | directly from
manufacturers, foreign importers, distributors |
| 15 | | and importing
distributors from within or outside this State; |
| 16 | | and to store such
alcoholic liquors in this State; provided |
| 17 | | that the above powers may be
exercised only in connection with |
| 18 | | the importation, purchase or storage
of alcoholic liquors to be |
| 19 | | sold or dispensed on an airplane; and
provided further, that |
| 20 | | airplane licensees exercising the above powers
shall be subject |
| 21 | | to all provisions of Article VIII of this Act as
applied to |
| 22 | | importing distributors. An airplane licensee shall also
permit |
| 23 | | the sale or dispensing of alcoholic liquors on any passenger
|
| 24 | | airplane regularly operated by a common carrier in this State, |
| 25 | | but shall
not permit the sale for resale of any alcoholic |
| 26 | | liquors to any licensee
within this State. A single airplane |
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| 1 | | license shall be required of an
airline company if liquor |
| 2 | | service is provided on board aircraft in this
State. The annual |
| 3 | | fee for such license shall be as determined in
Section 5-3. |
| 4 | | (k) A foreign importer's license shall permit such licensee |
| 5 | | to purchase
alcoholic liquor from Illinois licensed |
| 6 | | non-resident dealers only, and to
import alcoholic liquor other |
| 7 | | than in bulk from any point outside the
United States and to |
| 8 | | sell such alcoholic liquor to Illinois licensed
importing |
| 9 | | distributors and to no one else in Illinois;
provided that (i) |
| 10 | | the foreign importer registers with the State Commission
every
|
| 11 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
| 12 | | licensees during the
license period, (ii) the foreign importer |
| 13 | | complies with all of the provisions
of Section
6-9 of this Act |
| 14 | | with respect to registration of such Illinois licensees as may
|
| 15 | | be granted the
right to sell such brands at wholesale, and |
| 16 | | (iii) the foreign importer complies with the provisions of |
| 17 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 18 | | provisions apply to manufacturers. |
| 19 | | (l) (i) A broker's license shall be required of all persons
|
| 20 | | who solicit
orders for, offer to sell or offer to supply |
| 21 | | alcoholic liquor to
retailers in the State of Illinois, or who |
| 22 | | offer to retailers to ship or
cause to be shipped or to make |
| 23 | | contact with distillers, rectifiers,
brewers or manufacturers |
| 24 | | or any other party within or without the State
of Illinois in |
| 25 | | order that alcoholic liquors be shipped to a distributor,
|
| 26 | | importing distributor or foreign importer, whether such |
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| 1 | | solicitation or
offer is consummated within or without the |
| 2 | | State of Illinois. |
| 3 | | No holder of a retailer's license issued by the Illinois |
| 4 | | Liquor
Control Commission shall purchase or receive any |
| 5 | | alcoholic liquor, the
order for which was solicited or offered |
| 6 | | for sale to such retailer by a
broker unless the broker is the |
| 7 | | holder of a valid broker's license. |
| 8 | | The broker shall, upon the acceptance by a retailer of the |
| 9 | | broker's
solicitation of an order or offer to sell or supply or |
| 10 | | deliver or have
delivered alcoholic liquors, promptly forward |
| 11 | | to the Illinois Liquor
Control Commission a notification of |
| 12 | | said transaction in such form as
the Commission may by |
| 13 | | regulations prescribe. |
| 14 | | (ii) A broker's license shall be required of
a person |
| 15 | | within this State, other than a retail licensee,
who, for a fee |
| 16 | | or commission, promotes, solicits, or accepts orders for
|
| 17 | | alcoholic liquor, for use or consumption and not for
resale, to |
| 18 | | be shipped from this State and delivered to residents outside |
| 19 | | of
this State by an express company, common carrier, or |
| 20 | | contract carrier.
This Section does not apply to any person who |
| 21 | | promotes, solicits, or accepts
orders for wine as specifically |
| 22 | | authorized in Section 6-29 of this Act. |
| 23 | | A broker's license under this subsection (l)
shall not |
| 24 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
| 25 | | own account or to take or deliver title to
such alcoholic |
| 26 | | liquors. |
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| 1 | | This subsection (l)
shall not apply to distributors, |
| 2 | | employees of
distributors, or employees of a manufacturer who |
| 3 | | has registered the
trademark, brand or name of the alcoholic |
| 4 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
| 5 | | sells such alcoholic liquor
in the State of Illinois only to |
| 6 | | its registrants thereunder. |
| 7 | | Any agent, representative, or person subject to |
| 8 | | registration pursuant to
subsection (a-1) of this Section shall |
| 9 | | not be eligible to receive a broker's
license. |
| 10 | | (m) A non-resident dealer's license shall permit such |
| 11 | | licensee to ship
into and warehouse alcoholic liquor into this |
| 12 | | State from any point
outside of this State, and to sell such |
| 13 | | alcoholic liquor to Illinois licensed
foreign importers and |
| 14 | | importing distributors and to no one else in this State;
|
| 15 | | provided that (i) said non-resident dealer shall register with |
| 16 | | the Illinois Liquor
Control Commission each and every brand of |
| 17 | | alcoholic liquor which it proposes
to sell to Illinois |
| 18 | | licensees during the license period, (ii) it shall comply with |
| 19 | | all of the provisions of Section 6-9 hereof with
respect to |
| 20 | | registration of such Illinois licensees as may be granted the |
| 21 | | right
to sell such brands at wholesale, and (iii) the |
| 22 | | non-resident dealer shall comply with the provisions of |
| 23 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 24 | | provisions apply to manufacturers. |
| 25 | | (n) A brew pub license shall allow the licensee (i) to |
| 26 | | manufacture beer only
on the premises specified in the license, |
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| 1 | | (ii) to make sales of the
beer manufactured on the premises or, |
| 2 | | with the approval of the Commission, beer manufactured on |
| 3 | | another brew pub licensed premises that is substantially owned |
| 4 | | and operated by the same licensee to importing distributors, |
| 5 | | distributors,
and to non-licensees for use and consumption, |
| 6 | | (iii) to store the beer upon
the premises, and (iv) to sell and |
| 7 | | offer for sale at retail from the licensed
premises, provided |
| 8 | | that a brew pub licensee shall not sell for off-premises
|
| 9 | | consumption more than 50,000 gallons per year. A person who |
| 10 | | holds a brew pub license may simultaneously hold a craft brewer |
| 11 | | license if he or she otherwise qualifies for the craft brewer |
| 12 | | license and the craft brewer license is for a location separate |
| 13 | | from the brew pub's licensed premises. A brew pub license shall |
| 14 | | permit a person who has received prior approval from the |
| 15 | | Commission to annually transfer no more than a total of 50,000 |
| 16 | | gallons of beer manufactured on premises to all other licensed |
| 17 | | brew pubs that are substantially owned and operated by the same |
| 18 | | person. |
| 19 | | (o) A caterer retailer license shall allow the holder
to |
| 20 | | serve alcoholic liquors as an incidental part of a food service |
| 21 | | that serves
prepared meals which excludes the serving of snacks |
| 22 | | as
the primary meal, either on or off-site whether licensed or |
| 23 | | unlicensed. |
| 24 | | (p) An auction liquor license shall allow the licensee to |
| 25 | | sell and offer
for sale at auction wine and spirits for use or |
| 26 | | consumption, or for resale by
an Illinois liquor licensee in |
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| 1 | | accordance with provisions of this Act. An
auction liquor |
| 2 | | license will be issued to a person and it will permit the
|
| 3 | | auction liquor licensee to hold the auction anywhere in the |
| 4 | | State. An auction
liquor license must be obtained for each |
| 5 | | auction at least 14 days in advance of
the auction date. |
| 6 | | (q) A special use permit license shall allow an Illinois |
| 7 | | licensed
retailer to transfer a portion of its alcoholic liquor |
| 8 | | inventory from its
retail licensed premises to the premises |
| 9 | | specified in the license hereby
created, and to sell or offer |
| 10 | | for sale at retail, only in the premises
specified in the |
| 11 | | license hereby created, the transferred alcoholic liquor for
|
| 12 | | use or consumption, but not for resale in any form. A special |
| 13 | | use permit
license may be granted for the following time |
| 14 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
| 15 | | per location in any 12 month period. An
applicant for the |
| 16 | | special use permit license must also submit with the
|
| 17 | | application proof satisfactory to the State Commission that the |
| 18 | | applicant will
provide dram shop liability insurance to the |
| 19 | | maximum limits and have local
authority approval. |
| 20 | | (r) A winery shipper's license shall allow a person
with a |
| 21 | | first-class or second-class wine manufacturer's
license, a |
| 22 | | first-class or second-class wine-maker's license,
or a limited |
| 23 | | wine manufacturer's license or who is licensed to
make wine |
| 24 | | under the laws of another state to ship wine
made by that |
| 25 | | licensee directly to a resident of this
State who is 21 years |
| 26 | | of age or older for that resident's
personal use and not for |
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| 1 | | resale. Prior to receiving a
winery shipper's license, an |
| 2 | | applicant for the license must
provide the Commission with a |
| 3 | | true copy of its current
license in any state in which it is |
| 4 | | licensed as a manufacturer
of wine. An applicant for a winery |
| 5 | | shipper's license must
also complete an application form that |
| 6 | | provides any other
information the Commission deems necessary. |
| 7 | | The
application form shall include an acknowledgement |
| 8 | | consenting
to the jurisdiction of the Commission, the Illinois
|
| 9 | | Department of Revenue, and the courts of this State concerning
|
| 10 | | the enforcement of this Act and any related laws, rules, and
|
| 11 | | regulations, including authorizing the Department of Revenue
|
| 12 | | and the Commission to conduct audits for the purpose of
|
| 13 | | ensuring compliance with this amendatory Act. |
| 14 | | A winery shipper licensee must pay to the Department
of |
| 15 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
| 16 | | all wine that is sold by the licensee and shipped to a person
|
| 17 | | in this State. For the purposes of Section 8-1, a winery
|
| 18 | | shipper licensee shall be taxed in the same manner as a
|
| 19 | | manufacturer of wine. A licensee who is not otherwise required |
| 20 | | to register under the Retailers' Occupation Tax Act must
|
| 21 | | register under the Use Tax Act to collect and remit use tax to
|
| 22 | | the Department of Revenue for all gallons of wine that are sold
|
| 23 | | by the licensee and shipped to persons in this State. If a
|
| 24 | | licensee fails to remit the tax imposed under this Act in
|
| 25 | | accordance with the provisions of Article VIII of this Act, the
|
| 26 | | winery shipper's license shall be revoked in accordance
with |
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| 1 | | the provisions of Article VII of this Act. If a licensee
fails |
| 2 | | to properly register and remit tax under the Use Tax Act
or the |
| 3 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
| 4 | | winery shipper and shipped to persons in this
State, the winery |
| 5 | | shipper's license shall be revoked in
accordance with the |
| 6 | | provisions of Article VII of this Act. |
| 7 | | A winery shipper licensee must collect, maintain, and
|
| 8 | | submit to the Commission on a semi-annual basis the
total |
| 9 | | number of cases per resident of wine shipped to residents
of |
| 10 | | this State.
A winery shipper licensed under this subsection (r)
|
| 11 | | must comply with the requirements of Section 6-29 of this |
| 12 | | amendatory Act.
|
| 13 | | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, |
| 14 | | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; |
| 15 | | 98-401, eff. 8-16-13; revised 9-12-13.)
|
| 16 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
|
| 17 | | Sec. 6-2. Issuance of licenses to certain persons |
| 18 | | prohibited.
|
| 19 | | (a) Except as otherwise provided in subsection (b) of this |
| 20 | | Section and in paragraph (1) of subsection (a) of Section 3-12, |
| 21 | | no license
of any kind issued by the State Commission or any |
| 22 | | local
commission shall be issued to:
|
| 23 | | (1) A person who is not a resident of any city, village |
| 24 | | or county in
which the premises covered by the license are |
| 25 | | located; except in case of
railroad or boat licenses.
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| 1 | | (2) A person who is not of good character and |
| 2 | | reputation in the
community in which he resides.
|
| 3 | | (3) A person who is not a citizen of the United States.
|
| 4 | | (4) A person who has been convicted of a felony under |
| 5 | | any Federal or
State law, unless the Commission determines |
| 6 | | that such
person has been sufficiently rehabilitated to |
| 7 | | warrant the public trust
after considering matters set |
| 8 | | forth in such person's application and the
Commission's |
| 9 | | investigation. The burden of proof of sufficient
|
| 10 | | rehabilitation shall be on the applicant.
|
| 11 | | (5) A person who has been convicted of keeping a place |
| 12 | | of prostitution or keeping a place of juvenile |
| 13 | | prostitution, promoting prostitution that involves keeping |
| 14 | | a place of prostitution, or promoting juvenile |
| 15 | | prostitution that involves keeping a place of juvenile |
| 16 | | prostitution.
|
| 17 | | (6) A person who has been convicted of pandering or |
| 18 | | other crime or
misdemeanor opposed to decency and morality.
|
| 19 | | (7) A person whose license issued under this Act has |
| 20 | | been revoked for
cause.
|
| 21 | | (8) A person who at the time of application for renewal |
| 22 | | of any license
issued hereunder would not be eligible for |
| 23 | | such license upon a first
application.
|
| 24 | | (9) A copartnership, if any general partnership |
| 25 | | thereof, or any
limited partnership thereof, owning more |
| 26 | | than 5% of the aggregate limited
partner interest in such |
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| 1 | | copartnership would not be eligible to receive a
license |
| 2 | | hereunder for any reason other than residence within the |
| 3 | | political
subdivision, unless residency is required by |
| 4 | | local ordinance.
|
| 5 | | (10) A corporation or limited liability company, if any |
| 6 | | member, officer, manager or director thereof, or
any |
| 7 | | stockholder or stockholders owning in the aggregate more |
| 8 | | than 5% of the
stock of such corporation, would not be |
| 9 | | eligible to receive a license
hereunder for any reason |
| 10 | | other than citizenship and residence within the
political |
| 11 | | subdivision.
|
| 12 | | (10a) A corporation or limited liability company |
| 13 | | unless it is incorporated or organized in Illinois, or |
| 14 | | unless it
is a foreign corporation or foreign limited |
| 15 | | liability company which is qualified under the Business
|
| 16 | | Corporation Act of 1983 or the Limited Liability Company |
| 17 | | Act to transact business in Illinois. The Commission shall |
| 18 | | permit and accept from an applicant for a license under |
| 19 | | this Act proof prepared from the Secretary of State's |
| 20 | | website that the corporation or limited liability company |
| 21 | | is in good standing and is qualified under the Business
|
| 22 | | Corporation Act of 1983 or the Limited Liability Company |
| 23 | | Act to transact business in Illinois.
|
| 24 | | (11) A person whose place of business is conducted by a |
| 25 | | manager or agent
unless the manager or agent possesses the |
| 26 | | same qualifications required by
the licensee.
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| 1 | | (12) A person who has been convicted of a violation of |
| 2 | | any Federal or
State law concerning the manufacture, |
| 3 | | possession or sale of alcoholic
liquor, subsequent to the |
| 4 | | passage of this Act or has forfeited his bond to
appear in |
| 5 | | court to answer charges for any such violation.
|
| 6 | | (13) A person who does not beneficially own the |
| 7 | | premises for which a
license is sought, or does not have a |
| 8 | | lease thereon for the full period for
which the license is |
| 9 | | to be issued.
|
| 10 | | (14) Any law enforcing public official, including |
| 11 | | members
of local liquor control commissions,
any mayor, |
| 12 | | alderman, or member of the
city council or commission, any |
| 13 | | president of the village board of trustees,
any member of a |
| 14 | | village board of trustees, or any president or member of a
|
| 15 | | county board; and no such official shall have a direct |
| 16 | | interest in the
manufacture, sale, or distribution of |
| 17 | | alcoholic liquor, except that a
license
may be granted to |
| 18 | | such official in relation to premises that are
not
located |
| 19 | | within the territory subject to the jurisdiction of that |
| 20 | | official
if the issuance of such license is approved by the |
| 21 | | State Liquor Control
Commission
and except that a license |
| 22 | | may be granted, in a city or village with a
population of |
| 23 | | 55,000 or less, to any alderman, member of a city council, |
| 24 | | or
member of a village board of trustees in relation to |
| 25 | | premises that are located
within the territory
subject to |
| 26 | | the jurisdiction of that official if (i) the sale of |
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| 1 | | alcoholic
liquor pursuant to the license is incidental to |
| 2 | | the selling of food, (ii) the
issuance of the license is |
| 3 | | approved by the State Commission, (iii) the
issuance of the |
| 4 | | license is in accordance with all applicable local |
| 5 | | ordinances
in effect where the premises are located, and |
| 6 | | (iv) the official granted a
license does not vote on |
| 7 | | alcoholic liquor issues pending before the board or
council |
| 8 | | to which the license holder is elected. Notwithstanding any |
| 9 | | provision of this paragraph (14) to the contrary, an |
| 10 | | alderman or member of a city council or commission, a |
| 11 | | member of a village board of trustees other than the |
| 12 | | president of the village board of trustees, or a member of |
| 13 | | a county board other than the president of a county board |
| 14 | | may have a direct interest in the manufacture, sale, or |
| 15 | | distribution of alcoholic liquor as long as he or she is |
| 16 | | not a law enforcing public official, a mayor, a village |
| 17 | | board president, or president of a county board. To prevent |
| 18 | | any conflict of interest, the elected official with the |
| 19 | | direct interest in the manufacture, sale, or distribution |
| 20 | | of alcoholic liquor shall not participate in any meetings, |
| 21 | | hearings, or decisions on matters impacting the |
| 22 | | manufacture, sale, or distribution of alcoholic liquor. |
| 23 | | Furthermore, the mayor of a city with a population of |
| 24 | | 55,000 or less or the president of a village with a |
| 25 | | population of 55,000 or less may have an interest in the |
| 26 | | manufacture, sale, or distribution of alcoholic liquor as |
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| 1 | | long as the council or board over which he or she presides |
| 2 | | has made a local liquor control commissioner appointment |
| 3 | | that complies with the requirements of Section 4-2 of this |
| 4 | | Act.
|
| 5 | | (15) A person who is not a beneficial owner of the |
| 6 | | business to be
operated by the licensee.
|
| 7 | | (16) A person who has been convicted of a gambling |
| 8 | | offense as
proscribed by any of subsections (a) (3) through |
| 9 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section |
| 10 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the |
| 11 | | Criminal Code of 2012, or as proscribed by a
statute
|
| 12 | | replaced by any of the aforesaid statutory provisions.
|
| 13 | | (17) A person or entity to whom a federal wagering |
| 14 | | stamp has been
issued by the
federal government, unless the |
| 15 | | person or entity is eligible to be issued a
license under |
| 16 | | the Raffles Act or the Illinois Pull Tabs and Jar Games |
| 17 | | Act.
|
| 18 | | (18) A person who intends to sell alcoholic liquors for |
| 19 | | use or
consumption on his or her licensed retail premises |
| 20 | | who does not have liquor
liability insurance coverage for |
| 21 | | that premises in an amount that is at least
equal to the |
| 22 | | maximum liability amounts set out in subsection (a) of |
| 23 | | Section
6-21.
|
| 24 | | (19) A person who is licensed by any licensing |
| 25 | | authority as a manufacturer of beer, or any partnership, |
| 26 | | corporation, limited liability company, or trust or any |
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| 1 | | subsidiary, affiliate, or agent thereof, or any other form |
| 2 | | of business enterprise licensed as a manufacturer of beer, |
| 3 | | having any legal, equitable, or beneficial interest, |
| 4 | | directly or indirectly, in a person licensed in this State |
| 5 | | as a distributor or importing distributor. For purposes of |
| 6 | | this paragraph (19), a person who is licensed by any |
| 7 | | licensing authority as a "manufacturer of beer" shall also |
| 8 | | mean a brewer and a non-resident dealer who is also a |
| 9 | | manufacturer of beer, including a partnership, |
| 10 | | corporation, limited liability company, or trust or any |
| 11 | | subsidiary, affiliate, or agent thereof, or any other form |
| 12 | | of business enterprise licensed as a manufacturer of beer. |
| 13 | | (20) A person who is licensed in this State as a |
| 14 | | distributor or importing distributor, or any partnership, |
| 15 | | corporation, limited liability company, or trust or any |
| 16 | | subsidiary, affiliate, or agent thereof, or any other form |
| 17 | | of business enterprise licensed in this State as a |
| 18 | | distributor or importing distributor having any legal, |
| 19 | | equitable, or beneficial interest, directly or indirectly, |
| 20 | | in a person licensed as a manufacturer of beer by any |
| 21 | | licensing authority, or any partnership, corporation, |
| 22 | | limited liability company, or trust or any subsidiary, |
| 23 | | affiliate, or agent thereof, or any other form of business |
| 24 | | enterprise, except for a person who owns, on or after the |
| 25 | | effective date of this amendatory Act of the 98th General |
| 26 | | Assembly, no more than 5% of the outstanding shares of a |
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| 1 | | manufacturer of beer whose shares are publicly traded on an |
| 2 | | exchange within the meaning of the Securities Exchange Act |
| 3 | | of 1934. For the purposes of this paragraph (20), a person |
| 4 | | who is licensed by any licensing authority as a |
| 5 | | "manufacturer of beer" shall also mean a brewer and a |
| 6 | | non-resident dealer who is also a manufacturer of beer, |
| 7 | | including a partnership, corporation, limited liability |
| 8 | | company, or trust or any subsidiary, affiliate, or agent |
| 9 | | thereof, or any other form of business enterprise licensed |
| 10 | | as a manufacturer of beer. |
| 11 | | (b) A criminal conviction of a corporation is not grounds |
| 12 | | for the
denial, suspension, or revocation of a license applied |
| 13 | | for or held by the
corporation if the criminal conviction was |
| 14 | | not the result of a violation of any
federal or State law |
| 15 | | concerning the manufacture, possession or sale of
alcoholic |
| 16 | | liquor, the offense that led to the conviction did not result |
| 17 | | in any
financial gain to the corporation and the corporation |
| 18 | | has terminated its
relationship with each director, officer, |
| 19 | | employee, or controlling shareholder
whose actions directly |
| 20 | | contributed to the conviction of the corporation. The
|
| 21 | | Commission shall determine if all provisions of this subsection |
| 22 | | (b) have been
met before any action on the corporation's |
| 23 | | license is initiated.
|
| 24 | | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; |
| 25 | | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
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| 1 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
|
| 2 | | Sec. 6-6.
Except as otherwise provided in this Act no |
| 3 | | manufacturer or
distributor or importing distributor shall, |
| 4 | | directly, or indirectly,
sell, supply, furnish, give or pay |
| 5 | | for, or loan or lease, any
furnishing, fixture or equipment on |
| 6 | | the premises of a place of business
of another licensee |
| 7 | | authorized under this Act to sell alcoholic liquor
at retail, |
| 8 | | either for consumption on or off the premises, nor shall he or |
| 9 | | she,
directly or indirectly, pay for any such license, or |
| 10 | | advance, furnish,
lend or give money for payment of such |
| 11 | | license, or purchase or become
the owner of any note, mortgage, |
| 12 | | or other evidence of indebtedness of
such licensee or any form |
| 13 | | of security therefor, nor shall such
manufacturer, or |
| 14 | | distributor, or importing distributor, directly or
indirectly, |
| 15 | | be interested in the ownership, conduct or operation of the
|
| 16 | | business of any licensee authorized to sell alcoholic liquor at |
| 17 | | retail,
nor shall any manufacturer, or distributor, or |
| 18 | | importing distributor be
interested directly or indirectly or |
| 19 | | as owner or part owner of said
premises or as lessee or lessor |
| 20 | | thereof, in any premises upon which
alcoholic liquor is sold at |
| 21 | | retail.
|
| 22 | | No manufacturer or distributor or importing distributor |
| 23 | | shall,
directly or indirectly or through a subsidiary or |
| 24 | | affiliate, or by any
officer, director or firm of such |
| 25 | | manufacturer, distributor or importing
distributor, furnish, |
| 26 | | give, lend or rent, install, repair or maintain,
to or for any |
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| 1 | | retail licensee in this State, any
signs or inside advertising |
| 2 | | materials except as provided in this Section and
Section 6-5. |
| 3 | | With respect to
retail licensees, other than any government |
| 4 | | owned or operated auditorium,
exhibition hall, recreation |
| 5 | | facility or other similar facility holding a
retailer's license |
| 6 | | as described in Section 6-5, a manufacturer,
distributor, or |
| 7 | | importing distributor may furnish, give, lend or rent and
|
| 8 | | erect, install, repair and maintain to or for any retail |
| 9 | | licensee, for use
at any one time in or about or in connection |
| 10 | | with a retail establishment on
which the products of the |
| 11 | | manufacturer, distributor or importing
distributor are sold, |
| 12 | | the following signs and inside advertising materials
as |
| 13 | | authorized in subparts (i), (ii), (iii), and (iv):
|
| 14 | | (i) Permanent outside signs shall be limited to one |
| 15 | | outside sign, per
brand, in place and in use at any one |
| 16 | | time,
costing not more than $893, exclusive of erection,
|
| 17 | | installation, repair and maintenance costs, and permit |
| 18 | | fees and
shall bear only the manufacturer's name, brand |
| 19 | | name, trade name, slogans,
markings, trademark, or other |
| 20 | | symbols commonly associated with and generally
used in |
| 21 | | identifying the product including, but not limited to, |
| 22 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
|
| 23 | | (ii) Temporary outside signs shall be
limited to one |
| 24 | | temporary outside sign per brand. Examples of temporary |
| 25 | | outside
signs are banners, flags, pennants,
streamers, and |
| 26 | | other items of a temporary and non-permanent
nature. Each |
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| 1 | | temporary outside sign must include the manufacturer's |
| 2 | | name,
brand name, trade name, slogans, markings,
|
| 3 | | trademark, or other symbol commonly associated with and |
| 4 | | generally used in
identifying the product. Temporary |
| 5 | | outside signs may also include,
for example, the product,
|
| 6 | | price, packaging, date or dates of a promotion and an |
| 7 | | announcement of a
retail licensee's specific sponsored |
| 8 | | event, if the temporary outside sign is
intended to promote |
| 9 | | a product, and provided that the announcement of the retail
|
| 10 | | licensee's event and the product promotion are held |
| 11 | | simultaneously. However,
temporary outside signs may not |
| 12 | | include names, slogans, markings, or logos that
relate to |
| 13 | | the retailer. Nothing in this subpart (ii) shall prohibit a
|
| 14 | | distributor or importing distributor from bearing the cost |
| 15 | | of creating or
printing a temporary outside sign for the |
| 16 | | retail licensee's specific sponsored
event or from bearing |
| 17 | | the cost of creating or printing a temporary sign for a
|
| 18 | | retail licensee containing, for example, community |
| 19 | | goodwill expressions,
regional sporting event |
| 20 | | announcements, or seasonal messages, provided that the
|
| 21 | | primary purpose of the temporary outside sign is to |
| 22 | | highlight, promote, or
advertise the product.
In addition, |
| 23 | | temporary outside signs provided by the manufacturer to
the |
| 24 | | distributor or importing distributor may also include, for |
| 25 | | example, subject
to the limitations of this Section, |
| 26 | | preprinted community goodwill expressions,
sporting event |
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| 1 | | announcements, seasonal messages, and manufacturer |
| 2 | | promotional
announcements. However, a distributor or |
| 3 | | importing distributor shall not bear
the cost of such |
| 4 | | manufacturer preprinted signs.
|
| 5 | | (iii) Permanent inside
signs, whether visible from the |
| 6 | | outside or the inside of the premises,
include, but are not |
| 7 | | limited to: alcohol lists and menus that may include
names, |
| 8 | | slogans, markings, or logos that relate to the retailer; |
| 9 | | neons;
illuminated signs; clocks; table lamps; mirrors; |
| 10 | | tap handles; decalcomanias;
window painting; and window |
| 11 | | trim. All permanent inside signs in place
and in use at any |
| 12 | | one time shall cost in the aggregate not more than $2000 |
| 13 | | per
manufacturer. A permanent inside sign must include the
|
| 14 | | manufacturer's name, brand name, trade name, slogans, |
| 15 | | markings, trademark, or
other symbol commonly associated |
| 16 | | with and generally used in identifying
the product. |
| 17 | | However,
permanent inside signs may not include names, |
| 18 | | slogans, markings, or logos
that relate to the retailer. |
| 19 | | For the purpose of this subpart (iii), all
permanent inside |
| 20 | | signs may be displayed in an adjacent courtyard or patio
|
| 21 | | commonly referred to as a "beer garden" that is a part of |
| 22 | | the retailer's
licensed premises.
|
| 23 | | (iv) Temporary inside signs shall include, but are not |
| 24 | | limited to, lighted
chalk boards, acrylic table tent |
| 25 | | beverage or hors d'oeuvre list holders,
banners, flags, |
| 26 | | pennants, streamers, and inside advertising materials such |
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| 1 | | as
posters, placards, bowling sheets, table tents, inserts |
| 2 | | for acrylic table tent
beverage or hors d'oeuvre list |
| 3 | | holders, sports schedules,
or similar printed or |
| 4 | | illustrated materials; however, such items, for example,
|
| 5 | | as coasters, trays, napkins, glassware and cups shall not |
| 6 | | be deemed to be
inside signs or advertising materials and |
| 7 | | may only be sold to retailers. All
temporary inside signs |
| 8 | | and inside advertising materials in place and in use at
any |
| 9 | | one time shall cost in the aggregate not more than $325 per |
| 10 | | manufacturer.
Nothing in this subpart (iv) prohibits a |
| 11 | | distributor or importing distributor
from paying the cost |
| 12 | | of
printing or creating any temporary inside banner or |
| 13 | | inserts for acrylic table
tent beverage or hors d'oeuvre |
| 14 | | list holders for a retail licensee, provided
that the |
| 15 | | primary purpose for the banner or insert is to highlight, |
| 16 | | promote, or
advertise the product. For the purpose of this |
| 17 | | subpart (iv), all temporary
inside signs and inside |
| 18 | | advertising materials may be displayed in an adjacent
|
| 19 | | courtyard or patio commonly referred to as a "beer garden" |
| 20 | | that is a part of
the retailer's licensed premises.
|
| 21 | | A "cost adjustment factor" shall be used to periodically |
| 22 | | update the
dollar limitations prescribed in subparts (i), |
| 23 | | (iii), and (iv). The Commission
shall establish the adjusted |
| 24 | | dollar limitation on an annual basis beginning in
January, |
| 25 | | 1997. The term "cost adjustment factor"
means a percentage |
| 26 | | equal to the change in the Bureau of Labor Statistics
Consumer |
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| | HB5597 | - 1024 - | LRB098 15874 AMC 50917 b |
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| 1 | | Price Index or 5%, whichever is greater.
The restrictions |
| 2 | | contained in this Section 6-6 do not apply to signs, or
|
| 3 | | promotional or advertising materials furnished by |
| 4 | | manufacturers, distributors
or importing distributors to a |
| 5 | | government owned or operated facility holding
a retailer's |
| 6 | | license as described in Section 6-5.
|
| 7 | | No distributor or importing distributor shall directly or |
| 8 | | indirectly
or through a subsidiary or affiliate, or by any |
| 9 | | officer, director or
firm of such manufacturer, distributor or |
| 10 | | importing distributor,
furnish, give, lend or rent, install, |
| 11 | | repair or maintain, to or for any
retail licensee in this |
| 12 | | State, any signs or
inside advertising materials described in |
| 13 | | subparts (i), (ii), (iii), or (iv)
of this Section except as |
| 14 | | the agent for or on behalf of a manufacturer,
provided that the |
| 15 | | total cost of any signs and inside advertising materials
|
| 16 | | including but not limited to labor, erection, installation and |
| 17 | | permit fees
shall be paid by the manufacturer whose product or |
| 18 | | products said signs
and inside advertising materials advertise |
| 19 | | and except as follows:
|
| 20 | | A distributor or importing distributor may purchase from or |
| 21 | | enter into a
written agreement with a manufacturer or a |
| 22 | | manufacturer's designated supplier
and such manufacturer or |
| 23 | | the manufacturer's designated supplier may sell or
enter into |
| 24 | | an agreement to sell to a distributor or importing distributor
|
| 25 | | permitted signs and advertising materials described in |
| 26 | | subparts (ii), (iii), or
(iv) of this Section for the purpose |
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| 1 | | of furnishing, giving, lending, renting,
installing, |
| 2 | | repairing, or maintaining such signs or advertising materials |
| 3 | | to or
for any retail licensee in this State. Any purchase by a |
| 4 | | distributor or
importing distributor from a manufacturer or a |
| 5 | | manufacturer's designated
supplier shall be voluntary and the |
| 6 | | manufacturer may not require the
distributor or the importing |
| 7 | | distributor to purchase signs or advertising
materials from the |
| 8 | | manufacturer or the manufacturer's designated supplier.
|
| 9 | | A distributor or importing distributor shall be deemed the |
| 10 | | owner of such
signs or advertising materials purchased from a |
| 11 | | manufacturer or
a manufacturer's designated supplier.
|
| 12 | | The provisions of Public Act 90-373
concerning signs or |
| 13 | | advertising materials delivered by a manufacturer to a
|
| 14 | | distributor or importing distributor shall apply only to signs |
| 15 | | or advertising
materials delivered on or after August 14, 1997.
|
| 16 | | No person engaged in the business of manufacturing, |
| 17 | | importing or
distributing alcoholic liquors shall, directly or |
| 18 | | indirectly, pay for,
or advance, furnish, or lend money for the |
| 19 | | payment of any license for
another. Any licensee who shall |
| 20 | | permit or assent, or be a party in any
way to any violation or |
| 21 | | infringement of the provisions of this Section
shall be deemed |
| 22 | | guilty of a violation of this Act, and any money loaned
|
| 23 | | contrary to a provision of this Act shall not be recovered |
| 24 | | back, or any
note, mortgage or other evidence of indebtedness, |
| 25 | | or security, or any
lease or contract obtained or made contrary |
| 26 | | to this Act shall be
unenforceable and void.
|
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| 1 | | This Section shall not apply to airplane licensees |
| 2 | | exercising powers
provided in paragraph (i) of Section 5-1 of |
| 3 | | this Act.
|
| 4 | | (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96; |
| 5 | | 90-373, eff.
8-14-97; 90-432, eff. 1-1-98; 90-655, eff. |
| 6 | | 7-30-98; revised 9-24-13.)
|
| 7 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
|
| 8 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
| 9 | | in any
building belonging to or under the control of the State |
| 10 | | or any political
subdivision thereof except as provided in this |
| 11 | | Act. The corporate
authorities of any city, village, |
| 12 | | incorporated town, township, or county may provide by
|
| 13 | | ordinance, however, that alcoholic liquor may be sold or |
| 14 | | delivered in any
specifically designated building belonging to |
| 15 | | or under the control of the
municipality, township, or county, |
| 16 | | or in any building located on land under the
control of the |
| 17 | | municipality, township, or county; provided that such township |
| 18 | | or county complies with all
applicable local ordinances in any |
| 19 | | incorporated area of the township or county.
Alcoholic liquor |
| 20 | | may be delivered to and sold under the authority of a special |
| 21 | | use permit on any property owned by a conservation district |
| 22 | | organized under the Conservation District Act, provided that |
| 23 | | (i) the alcoholic liquor is sold only at an event authorized by |
| 24 | | the governing board of the conservation district, (ii) the |
| 25 | | issuance of the special use permit is authorized by the local |
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| 1 | | liquor control commissioner of the territory in which the |
| 2 | | property is located, and (iii) the special use permit |
| 3 | | authorizes the sale of alcoholic liquor for one day or less. |
| 4 | | Alcoholic liquors may be delivered to and sold at any airport |
| 5 | | belonging to
or under the control of a municipality of more |
| 6 | | than 25,000 inhabitants, or
in any building or on any golf |
| 7 | | course owned by a park district organized under
the Park |
| 8 | | District
Code, subject to the approval of the governing board |
| 9 | | of the district, or
in any building or on any golf course owned |
| 10 | | by a forest preserve district
organized under the Downstate |
| 11 | | Forest Preserve District Act, subject to the
approval of the |
| 12 | | governing board of the district, or on the grounds
within 500 |
| 13 | | feet of any building owned by a forest preserve district
|
| 14 | | organized under the Downstate Forest Preserve District Act |
| 15 | | during
times when food is dispensed for consumption within
500 |
| 16 | | feet of the building from which the food is dispensed,
subject |
| 17 | | to the
approval of the
governing board of the district, or in a |
| 18 | | building owned by a Local Mass
Transit District organized under |
| 19 | | the Local Mass Transit District Act, subject
to the approval of |
| 20 | | the governing Board of the District, or in Bicentennial
Park, |
| 21 | | or
on the premises of the City of Mendota Lake Park
located |
| 22 | | adjacent to Route 51 in Mendota, Illinois, or on the premises |
| 23 | | of
Camden Park in Milan, Illinois, or in the community center |
| 24 | | owned by the
City of Loves Park that is located at 1000 River |
| 25 | | Park Drive in Loves Park,
Illinois, or, in connection with the |
| 26 | | operation of an established food
serving facility during times |
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| 1 | | when food is dispensed for consumption on the
premises, and at |
| 2 | | the following aquarium and museums located in public
parks: Art |
| 3 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
|
| 4 | | Historical Society, Field Museum of Natural History, Museum of |
| 5 | | Science and
Industry, DuSable Museum of African American |
| 6 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at |
| 7 | | Lakeview Museum of Arts and Sciences
in Peoria, or in |
| 8 | | connection with the operation of the facilities of the
Chicago |
| 9 | | Zoological Society or the Chicago Horticultural Society on land
|
| 10 | | owned by the Forest Preserve District of Cook County,
or on any |
| 11 | | land used for a golf course or for recreational purposes
owned |
| 12 | | by the Forest Preserve District of Cook County, subject to the |
| 13 | | control
of the Forest Preserve District Board of Commissioners |
| 14 | | and applicable local
law, provided that dram shop liability |
| 15 | | insurance is provided at
maximum coverage limits so as to hold |
| 16 | | the
District harmless from all financial loss, damage, and |
| 17 | | harm,
or in any building
located on land owned by the Chicago |
| 18 | | Park District if approved by the Park
District Commissioners, |
| 19 | | or on any land used for a golf course or for
recreational |
| 20 | | purposes and owned by the Illinois International Port District |
| 21 | | if
approved by the District's governing board, or at any |
| 22 | | airport, golf course,
faculty center, or
facility in which |
| 23 | | conference and convention type activities take place
belonging |
| 24 | | to or under control of any State university or public community
|
| 25 | | college district, provided that with respect to a facility for |
| 26 | | conference
and convention type activities alcoholic liquors |
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| 1 | | shall be limited to the
use of the convention or conference |
| 2 | | participants or participants
in cultural, political or |
| 3 | | educational activities held in such facilities,
and provided |
| 4 | | further that the faculty or staff of the State university or
a |
| 5 | | public community college district, or members of an |
| 6 | | organization of
students, alumni, faculty or staff of the State |
| 7 | | university or a public
community college district are active |
| 8 | | participants in the conference
or convention, or in Memorial |
| 9 | | Stadium on the campus of the University of
Illinois at |
| 10 | | Urbana-Champaign during games in which the
Chicago Bears |
| 11 | | professional football team is playing in that stadium during |
| 12 | | the
renovation of Soldier Field, not more than one and a half |
| 13 | | hours before the
start of the game and not after the end of the |
| 14 | | third quarter of the game,
or in the Pavilion Facility on the |
| 15 | | campus of the University of Illinois at Chicago during games in |
| 16 | | which the Chicago Storm professional soccer team is playing in |
| 17 | | that facility, not more than one and a half hours before the |
| 18 | | start of the game and not after the end of the third quarter of |
| 19 | | the game, or in the Pavilion Facility on the campus of the |
| 20 | | University of Illinois at Chicago during games in which the |
| 21 | | WNBA professional women's basketball team is playing in that |
| 22 | | facility, not more than one and a half hours before the start |
| 23 | | of the game and not after the 10-minute mark of the second half |
| 24 | | of the game, or by a catering establishment which has rented |
| 25 | | facilities
from a board of trustees of a public community |
| 26 | | college district, or in a restaurant that is operated by a |
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| 1 | | commercial tenant in the North Campus Parking Deck building |
| 2 | | that (1) is located at 1201 West University Avenue, Urbana, |
| 3 | | Illinois and (2) is owned by the Board of Trustees of the |
| 4 | | University of Illinois, or, if
approved by the District board, |
| 5 | | on land owned by the Metropolitan Sanitary
District of Greater |
| 6 | | Chicago and leased to others for a term of at least
20 years. |
| 7 | | Nothing in this Section precludes the sale or delivery of
|
| 8 | | alcoholic liquor in the form of original packaged goods in |
| 9 | | premises located
at 500 S. Racine in Chicago belonging to the |
| 10 | | University of Illinois and
used primarily as a grocery store by |
| 11 | | a commercial tenant during the term of
a lease that predates |
| 12 | | the University's acquisition of the premises; but the
|
| 13 | | University shall have no power or authority to renew, transfer, |
| 14 | | or extend
the lease with terms allowing the sale of alcoholic |
| 15 | | liquor; and the sale of
alcoholic liquor shall be subject to |
| 16 | | all local laws and regulations.
After the acquisition by |
| 17 | | Winnebago County of the property located at 404
Elm Street in |
| 18 | | Rockford, a commercial tenant who sold alcoholic liquor at
|
| 19 | | retail on a portion of the property under a valid license at |
| 20 | | the time of
the acquisition may continue to do so for so long |
| 21 | | as the tenant and the
County may agree under existing or future |
| 22 | | leases, subject to all local laws
and regulations regarding the |
| 23 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to |
| 24 | | and sold at Memorial Hall, located at 211 North Main Street, |
| 25 | | Rockford, under conditions approved by Winnebago County and |
| 26 | | subject to all local laws and regulations regarding the sale of |
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| 1 | | alcoholic liquor. Each
facility shall provide dram shop |
| 2 | | liability in maximum insurance coverage
limits so as to save |
| 3 | | harmless the State, municipality, State university,
airport, |
| 4 | | golf course, faculty center, facility in which conference and
|
| 5 | | convention type activities take place, park district, Forest |
| 6 | | Preserve
District, public community college district, |
| 7 | | aquarium, museum, or sanitary
district from all financial loss, |
| 8 | | damage or harm. Alcoholic liquors may be
sold at retail in |
| 9 | | buildings of golf courses owned by municipalities or Illinois |
| 10 | | State University in
connection with the operation of an |
| 11 | | established food serving facility
during times when food is |
| 12 | | dispensed for consumption upon the premises.
Alcoholic liquors |
| 13 | | may be delivered to and sold at retail in any building
owned by |
| 14 | | a fire protection district organized under the Fire Protection
|
| 15 | | District Act, provided that such delivery and sale is approved |
| 16 | | by the board
of trustees of the district, and provided further |
| 17 | | that such delivery and
sale is limited to fundraising events |
| 18 | | and to a maximum of 6 events per year. However, the limitation |
| 19 | | to fundraising events and to a maximum of 6 events per year |
| 20 | | does not apply to the delivery, sale, or manufacture of |
| 21 | | alcoholic liquors at the building located at 59 Main Street in |
| 22 | | Oswego, Illinois, owned by the Oswego Fire Protection District |
| 23 | | if the alcoholic liquor is sold or dispensed as approved by the |
| 24 | | Oswego Fire Protection District and the property is no longer |
| 25 | | being utilized for fire protection purposes.
|
| 26 | | Alcoholic liquors may be served or sold in buildings under |
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| 1 | | the control of the Board of Trustees of the University of |
| 2 | | Illinois for events that the Board may determine are public |
| 3 | | events and not related student activities. The Board of |
| 4 | | Trustees shall issue a written policy within 6 months of the |
| 5 | | effective date of this amendatory Act of the 95th General |
| 6 | | Assembly concerning the types of events that would be eligible |
| 7 | | for an exemption. Thereafter, the Board of Trustees may issue |
| 8 | | revised, updated, new, or amended policies as it deems |
| 9 | | necessary and appropriate. In preparing its written policy, the |
| 10 | | Board of Trustees shall, among other factors it considers |
| 11 | | relevant and important, give consideration to the following: |
| 12 | | (i) whether the event is a student activity or student related |
| 13 | | activity; (ii) whether the physical setting of the event is |
| 14 | | conducive to control of liquor sales and distribution; (iii) |
| 15 | | the ability of the event operator to ensure that the sale or |
| 16 | | serving of alcoholic liquors and the demeanor of the |
| 17 | | participants are in accordance with State law and University |
| 18 | | policies; (iv) regarding the anticipated attendees at the |
| 19 | | event, the relative proportion of individuals under the age of |
| 20 | | 21 to individuals age 21 or older; (v) the ability of the venue |
| 21 | | operator to prevent the sale or distribution of alcoholic |
| 22 | | liquors to individuals under the age of 21; (vi) whether the |
| 23 | | event prohibits participants from removing alcoholic beverages |
| 24 | | from the venue; and (vii) whether the event prohibits |
| 25 | | participants from providing their own alcoholic liquors to the |
| 26 | | venue. In addition, any policy submitted by the Board of |
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| 1 | | Trustees to the Illinois Liquor Control Commission must require |
| 2 | | that any event at which alcoholic liquors are served or sold in |
| 3 | | buildings under the control of the Board of Trustees shall |
| 4 | | require the prior written approval of the Office of the |
| 5 | | Chancellor for the University campus where the event is |
| 6 | | located. The Board of Trustees shall submit its policy, and any |
| 7 | | subsequently revised, updated, new, or amended policies, to the |
| 8 | | Illinois Liquor Control Commission, and any University event, |
| 9 | | or location for an event, exempted under such policies shall |
| 10 | | apply for a license under the applicable Sections of this Act. |
| 11 | | Alcoholic liquors may be served or sold in buildings under
|
| 12 | | the control of the Board of Trustees of Northern Illinois |
| 13 | | University
for events that the Board may determine are public
|
| 14 | | events and not student-related activities. The Board of
|
| 15 | | Trustees shall issue a written policy within 6 months after |
| 16 | | June 28, 2011 (the
effective date of Public Act 97-45) |
| 17 | | concerning the types of events that would be eligible
for an |
| 18 | | exemption. Thereafter, the Board of Trustees may issue
revised, |
| 19 | | updated, new, or amended policies as it deems
necessary and |
| 20 | | appropriate. In preparing its written policy, the
Board of |
| 21 | | Trustees shall, in addition to other factors it considers
|
| 22 | | relevant and important, give consideration to the following:
|
| 23 | | (i) whether the event is a student activity or student-related
|
| 24 | | activity; (ii) whether the physical setting of the event is
|
| 25 | | conducive to control of liquor sales and distribution; (iii)
|
| 26 | | the ability of the event operator to ensure that the sale or
|
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| 1 | | serving of alcoholic liquors and the demeanor of the
|
| 2 | | participants are in accordance with State law and University
|
| 3 | | policies; (iv) the anticipated attendees at the
event and the |
| 4 | | relative proportion of individuals under the age of
21 to |
| 5 | | individuals age 21 or older; (v) the ability of the venue
|
| 6 | | operator to prevent the sale or distribution of alcoholic
|
| 7 | | liquors to individuals under the age of 21; (vi) whether the
|
| 8 | | event prohibits participants from removing alcoholic beverages
|
| 9 | | from the venue; and (vii) whether the event prohibits
|
| 10 | | participants from providing their own alcoholic liquors to the
|
| 11 | | venue. |
| 12 | | Alcoholic liquors may be served or sold in buildings under |
| 13 | | the control of the Board of Trustees of Chicago State |
| 14 | | University for events that the Board may determine are public |
| 15 | | events and not student-related activities. The Board of |
| 16 | | Trustees shall issue a written policy within 6 months after |
| 17 | | August 2, 2013 (the effective date of Public Act 98-132) this |
| 18 | | amendatory Act of the 98th General Assembly concerning the |
| 19 | | types of events that would be eligible for an exemption. |
| 20 | | Thereafter, the Board of Trustees may issue revised, updated, |
| 21 | | new, or amended policies as it deems necessary and appropriate. |
| 22 | | In preparing its written policy, the Board of Trustees shall, |
| 23 | | in addition to other factors it considers relevant and |
| 24 | | important, give consideration to the following: (i) whether the |
| 25 | | event is a student activity or student-related activity; (ii) |
| 26 | | whether the physical setting of the event is conducive to |
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| 1 | | control of liquor sales and distribution; (iii) the ability of |
| 2 | | the event operator to ensure that the sale or serving of |
| 3 | | alcoholic liquors and the demeanor of the participants are in |
| 4 | | accordance with State law and University policies; (iv) the |
| 5 | | anticipated attendees at the event and the relative proportion |
| 6 | | of individuals under the age of 21 to individuals age 21 or |
| 7 | | older; (v) the ability of the venue operator to prevent the |
| 8 | | sale or distribution of alcoholic liquors to individuals under |
| 9 | | the age of 21; (vi) whether the event prohibits participants |
| 10 | | from removing alcoholic beverages from the venue; and (vii) |
| 11 | | whether the event prohibits participants from providing their |
| 12 | | own alcoholic liquors to the venue. |
| 13 | | Alcoholic liquors may be served or sold in buildings under
|
| 14 | | the control of the Board of Trustees of Illinois State |
| 15 | | University
for events that the Board may determine are public
|
| 16 | | events and not student-related activities. The Board of
|
| 17 | | Trustees shall issue a written policy within 6 months after the |
| 18 | | effective date of this amendatory Act of the 97th General |
| 19 | | Assembly concerning the types of events that would be eligible
|
| 20 | | for an exemption. Thereafter, the Board of Trustees may issue
|
| 21 | | revised, updated, new, or amended policies as it deems
|
| 22 | | necessary and appropriate. In preparing its written policy, the
|
| 23 | | Board of Trustees shall, in addition to other factors it |
| 24 | | considers
relevant and important, give consideration to the |
| 25 | | following:
(i) whether the event is a student activity or |
| 26 | | student-related
activity; (ii) whether the physical setting of |
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| 1 | | the event is
conducive to control of liquor sales and |
| 2 | | distribution; (iii)
the ability of the event operator to ensure |
| 3 | | that the sale or
serving of alcoholic liquors and the demeanor |
| 4 | | of the
participants are in accordance with State law and |
| 5 | | University
policies; (iv) the anticipated attendees at the
|
| 6 | | event and the relative proportion of individuals under the age |
| 7 | | of
21 to individuals age 21 or older; (v) the ability of the |
| 8 | | venue
operator to prevent the sale or distribution of alcoholic
|
| 9 | | liquors to individuals under the age of 21; (vi) whether the
|
| 10 | | event prohibits participants from removing alcoholic beverages
|
| 11 | | from the venue; and (vii) whether the event prohibits
|
| 12 | | participants from providing their own alcoholic liquors to the
|
| 13 | | venue. |
| 14 | | Alcoholic liquor may be delivered to and sold at retail in |
| 15 | | the
Dorchester Senior Business Center owned by the Village of |
| 16 | | Dolton if the
alcoholic liquor is sold or dispensed only in |
| 17 | | connection with organized
functions for which the planned |
| 18 | | attendance is 20 or more persons, and if
the person or facility |
| 19 | | selling or dispensing the alcoholic liquor has
provided dram |
| 20 | | shop liability insurance in maximum limits so as to hold
|
| 21 | | harmless the Village of Dolton and the State from all financial |
| 22 | | loss,
damage and harm.
|
| 23 | | Alcoholic liquors may be delivered to and sold at retail in |
| 24 | | any
building used as an Illinois State Armory provided:
|
| 25 | | (i) the Adjutant General's written consent to the |
| 26 | | issuance of a
license to sell alcoholic liquor in such |
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| 1 | | building is filed with the
Commission;
|
| 2 | | (ii) the alcoholic liquor is sold or dispensed only in |
| 3 | | connection
with organized functions held on special |
| 4 | | occasions;
|
| 5 | | (iii) the organized function is one for which the |
| 6 | | planned attendance
is 25 or more persons; and
|
| 7 | | (iv) the facility selling or dispensing the alcoholic |
| 8 | | liquors has
provided dram shop liability insurance in |
| 9 | | maximum limits so as to save
harmless the facility and the |
| 10 | | State from all financial loss, damage or harm.
|
| 11 | | Alcoholic liquors may be delivered to and sold at retail in |
| 12 | | the Chicago
Civic Center, provided that:
|
| 13 | | (i) the written consent of the Public Building |
| 14 | | Commission which
administers the Chicago Civic Center is |
| 15 | | filed with the Commission;
|
| 16 | | (ii) the alcoholic liquor is sold or dispensed only in |
| 17 | | connection with
organized functions held on special |
| 18 | | occasions;
|
| 19 | | (iii) the organized function is one for which the |
| 20 | | planned attendance is
25 or more persons;
|
| 21 | | (iv) the facility selling or dispensing the alcoholic |
| 22 | | liquors has
provided dram shop liability insurance in |
| 23 | | maximum limits so as to hold
harmless the Civic Center, the |
| 24 | | City of Chicago and the State from all
financial loss, |
| 25 | | damage or harm; and
|
| 26 | | (v) all applicable local ordinances are complied with.
|
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| 1 | | Alcoholic liquors may be delivered or sold in any building |
| 2 | | belonging to
or under the control of any city, village or |
| 3 | | incorporated town where more
than 75% of the physical |
| 4 | | properties of the building is used for commercial
or |
| 5 | | recreational purposes, and the building is located upon a pier |
| 6 | | extending
into or over the waters of a navigable lake or stream |
| 7 | | or on the shore of a
navigable lake or stream.
In accordance |
| 8 | | with a license issued under this Act, alcoholic liquor may be |
| 9 | | sold, served, or delivered in buildings and facilities under
|
| 10 | | the control
of the Department of Natural Resources during |
| 11 | | events or activities lasting no more than 7 continuous days |
| 12 | | upon the written approval of the
Director of
Natural Resources |
| 13 | | acting as the controlling government authority. The Director
of
|
| 14 | | Natural Resources may specify conditions on that approval, |
| 15 | | including but not
limited to
requirements for insurance and |
| 16 | | hours of operation.
Notwithstanding any other provision of this |
| 17 | | Act, alcoholic liquor sold by a
United States Army Corps of |
| 18 | | Engineers or Department of Natural
Resources
concessionaire |
| 19 | | who was operating on June 1, 1991 for on-premises consumption
|
| 20 | | only is not subject to the provisions of Articles IV and IX. |
| 21 | | Beer and wine
may be sold on the premises of the Joliet Park |
| 22 | | District Stadium owned by
the Joliet Park District when written |
| 23 | | consent to the issuance of a license
to sell beer and wine in |
| 24 | | such premises is filed with the local liquor
commissioner by |
| 25 | | the Joliet Park District. Beer and wine may be sold in
|
| 26 | | buildings on the grounds of State veterans' homes when written |
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| | HB5597 | - 1039 - | LRB098 15874 AMC 50917 b |
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| 1 | | consent to
the issuance of a license to sell beer and wine in |
| 2 | | such buildings is filed
with the Commission by the Department |
| 3 | | of Veterans' Affairs, and the
facility shall provide dram shop |
| 4 | | liability in maximum insurance coverage
limits so as to save |
| 5 | | the facility harmless from all financial loss, damage
or harm. |
| 6 | | Such liquors may be delivered to and sold at any property owned |
| 7 | | or
held under lease by a Metropolitan Pier and Exposition |
| 8 | | Authority or
Metropolitan Exposition and Auditorium Authority.
|
| 9 | | Beer and wine may be sold and dispensed at professional |
| 10 | | sporting events
and at professional concerts and other |
| 11 | | entertainment events conducted on
premises owned by the Forest |
| 12 | | Preserve District of Kane County, subject to
the control of the |
| 13 | | District Commissioners and applicable local law,
provided that |
| 14 | | dram shop liability insurance is provided at maximum coverage
|
| 15 | | limits so as to hold the District harmless from all financial |
| 16 | | loss, damage
and harm.
|
| 17 | | Nothing in this Section shall preclude the sale or delivery |
| 18 | | of beer and
wine at a State or county fair or the sale or |
| 19 | | delivery of beer or wine at a
city fair in any otherwise lawful |
| 20 | | manner.
|
| 21 | | Alcoholic liquors may be sold at retail in buildings in |
| 22 | | State parks
under the control of the Department of Natural |
| 23 | | Resources,
provided:
|
| 24 | | a. the State park has overnight lodging facilities with |
| 25 | | some
restaurant facilities or, not having overnight |
| 26 | | lodging facilities, has
restaurant facilities which serve |
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| | HB5597 | - 1040 - | LRB098 15874 AMC 50917 b |
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| 1 | | complete luncheon and dinner or
supper meals,
|
| 2 | | b. consent to the issuance of a license to sell |
| 3 | | alcoholic liquors in
the buildings has been filed with the |
| 4 | | commission by the Department of
Natural Resources, and
|
| 5 | | c. the alcoholic liquors are sold by the State park |
| 6 | | lodge or
restaurant concessionaire only during the hours |
| 7 | | from 11 o'clock a.m. until
12 o'clock midnight. |
| 8 | | Notwithstanding any other provision of this Act,
alcoholic |
| 9 | | liquor sold by the State park or restaurant concessionaire |
| 10 | | is not
subject to the provisions of Articles IV and IX.
|
| 11 | | Alcoholic liquors may be sold at retail in buildings on |
| 12 | | properties
under the control of the Historic Sites and |
| 13 | | Preservation Division of the
Historic Preservation
Agency or |
| 14 | | the Abraham Lincoln Presidential Library and Museum provided:
|
| 15 | | a. the property has overnight lodging facilities with |
| 16 | | some restaurant
facilities or, not having overnight |
| 17 | | lodging facilities, has restaurant
facilities which serve |
| 18 | | complete luncheon and dinner or supper meals,
|
| 19 | | b. consent to the issuance of a license to sell |
| 20 | | alcoholic liquors in
the buildings has been filed with the |
| 21 | | commission by the Historic Sites and
Preservation Division
|
| 22 | | of the Historic
Preservation Agency or the Abraham Lincoln |
| 23 | | Presidential Library and Museum,
and
|
| 24 | | c. the alcoholic liquors are sold by the lodge or |
| 25 | | restaurant
concessionaire only during the hours from 11 |
| 26 | | o'clock a.m. until 12 o'clock
midnight.
|
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| 1 | | The sale of alcoholic liquors pursuant to this Section does |
| 2 | | not
authorize the establishment and operation of facilities |
| 3 | | commonly called
taverns, saloons, bars, cocktail lounges, and |
| 4 | | the like except as a part
of lodge and restaurant facilities in |
| 5 | | State parks or golf courses owned
by Forest Preserve Districts |
| 6 | | with a population of less than 3,000,000 or
municipalities or |
| 7 | | park districts.
|
| 8 | | Alcoholic liquors may be sold at retail in the Springfield
|
| 9 | | Administration Building of the Department of Transportation |
| 10 | | and the
Illinois State Armory in Springfield; provided, that |
| 11 | | the controlling
government authority may consent to such sales |
| 12 | | only if
|
| 13 | | a. the request is from a not-for-profit organization;
|
| 14 | | b. such sales would not impede normal operations of the |
| 15 | | departments
involved;
|
| 16 | | c. the not-for-profit organization provides dram shop |
| 17 | | liability in
maximum insurance coverage limits and agrees |
| 18 | | to defend, save harmless
and indemnify the State of |
| 19 | | Illinois from all financial loss, damage or harm;
|
| 20 | | d. no such sale shall be made during normal working |
| 21 | | hours of the
State of Illinois; and
|
| 22 | | e. the consent is in writing.
|
| 23 | | Alcoholic liquors may be sold at retail in buildings in |
| 24 | | recreational
areas of river conservancy districts under the |
| 25 | | control of, or leased
from, the river conservancy districts. |
| 26 | | Such sales are subject to
reasonable local regulations as |
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| 1 | | provided in Article IV; however, no such
regulations may |
| 2 | | prohibit or substantially impair the sale of alcoholic
liquors |
| 3 | | on Sundays or Holidays.
|
| 4 | | Alcoholic liquors may be provided in long term care |
| 5 | | facilities owned or
operated by a county under Division 5-21 or |
| 6 | | 5-22 of the Counties Code,
when approved by the facility |
| 7 | | operator and not in conflict
with the regulations of the |
| 8 | | Illinois Department of Public Health, to
residents of the |
| 9 | | facility who have had their consumption of the alcoholic
|
| 10 | | liquors provided approved in writing by a physician licensed to |
| 11 | | practice
medicine in all its branches.
|
| 12 | | Alcoholic liquors may be delivered to and dispensed in |
| 13 | | State housing
assigned to employees of the Department of |
| 14 | | Corrections.
No person shall furnish or allow to be furnished |
| 15 | | any alcoholic
liquors to any prisoner confined in any jail, |
| 16 | | reformatory, prison or house
of correction except upon a |
| 17 | | physician's prescription for medicinal purposes.
|
| 18 | | Alcoholic liquors may be sold at retail or dispensed at the |
| 19 | | Willard Ice
Building in Springfield, at the State Library in |
| 20 | | Springfield, and at
Illinois State Museum facilities by (1) an
|
| 21 | | agency of the State, whether legislative, judicial or |
| 22 | | executive, provided
that such agency first obtains written |
| 23 | | permission to sell or dispense
alcoholic liquors from the |
| 24 | | controlling government authority, or by (2) a
not-for-profit |
| 25 | | organization, provided that such organization:
|
| 26 | | a. Obtains written consent from the controlling |
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| 1 | | government authority;
|
| 2 | | b. Sells or dispenses the alcoholic liquors in a manner |
| 3 | | that does not
impair normal operations of State offices |
| 4 | | located in the building;
|
| 5 | | c. Sells or dispenses alcoholic liquors only in |
| 6 | | connection with an
official activity in the building;
|
| 7 | | d. Provides, or its catering service provides, dram |
| 8 | | shop liability
insurance in maximum coverage limits and in |
| 9 | | which the carrier agrees to
defend, save harmless and |
| 10 | | indemnify the State of Illinois from all
financial loss, |
| 11 | | damage or harm arising out of the selling or dispensing of
|
| 12 | | alcoholic liquors.
|
| 13 | | Nothing in this Act shall prevent a not-for-profit |
| 14 | | organization or agency
of the State from employing the services |
| 15 | | of a catering establishment for
the selling or dispensing of |
| 16 | | alcoholic liquors at authorized functions.
|
| 17 | | The controlling government authority for the Willard Ice |
| 18 | | Building in
Springfield shall be the Director of the Department |
| 19 | | of Revenue. The
controlling government authority for Illinois |
| 20 | | State Museum facilities shall
be the Director of the Illinois |
| 21 | | State Museum. The controlling government
authority for the |
| 22 | | State Library in Springfield shall be the Secretary of State.
|
| 23 | | Alcoholic liquors may be delivered to and sold at retail or |
| 24 | | dispensed
at any facility, property or building under the |
| 25 | | jurisdiction of the
Historic Sites and Preservation Division of |
| 26 | | the
Historic Preservation Agency
or the Abraham
Lincoln |
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| 1 | | Presidential Library and Museum
where the delivery, sale or
|
| 2 | | dispensing is by (1)
an agency of the State, whether |
| 3 | | legislative, judicial or executive,
provided that such agency |
| 4 | | first obtains written permission to sell or
dispense alcoholic |
| 5 | | liquors from a controlling government authority, or by (2) an |
| 6 | | individual or organization provided that such individual or |
| 7 | | organization:
|
| 8 | | a. Obtains written consent from the controlling |
| 9 | | government authority;
|
| 10 | | b. Sells or dispenses the alcoholic liquors in a manner |
| 11 | | that does not
impair normal workings of State offices or |
| 12 | | operations located at the
facility, property or building;
|
| 13 | | c. Sells or dispenses alcoholic liquors only in |
| 14 | | connection with an
official activity of the individual or |
| 15 | | organization in the facility,
property or building;
|
| 16 | | d. Provides, or its catering service provides, dram |
| 17 | | shop liability
insurance in maximum coverage limits and in |
| 18 | | which the carrier agrees to
defend, save harmless and |
| 19 | | indemnify the State of Illinois from all
financial loss, |
| 20 | | damage or harm arising out of the selling or dispensing of
|
| 21 | | alcoholic liquors.
|
| 22 | | The controlling government authority for the
Historic |
| 23 | | Sites and Preservation Division of the
Historic Preservation |
| 24 | | Agency
shall be the Director of the Historic Sites and |
| 25 | | Preservation, and the
controlling
government authority for the |
| 26 | | Abraham Lincoln Presidential Library and Museum
shall be the |
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| 1 | | Director of the Abraham Lincoln Presidential Library and |
| 2 | | Museum.
|
| 3 | | Alcoholic liquors may be delivered to and sold at retail or |
| 4 | | dispensed for
consumption at the Michael Bilandic Building at |
| 5 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal |
| 6 | | business hours of any day care or child care
facility located |
| 7 | | in the building, by (1) a commercial tenant or subtenant
|
| 8 | | conducting business on the premises under a lease made pursuant |
| 9 | | to Section
405-315 of the Department of Central Management |
| 10 | | Services Law (20 ILCS
405/405-315), provided that such tenant |
| 11 | | or subtenant who accepts delivery of,
sells, or dispenses |
| 12 | | alcoholic liquors shall procure and maintain dram shop
|
| 13 | | liability insurance in maximum coverage limits and in which the |
| 14 | | carrier
agrees to defend, indemnify, and save harmless the |
| 15 | | State of Illinois from
all financial loss, damage, or harm |
| 16 | | arising out of the delivery, sale, or
dispensing of alcoholic |
| 17 | | liquors, or by (2) an agency of the State, whether
legislative, |
| 18 | | judicial, or executive, provided that such agency first obtains
|
| 19 | | written permission to accept delivery of and sell or dispense |
| 20 | | alcoholic liquors
from the Director of Central Management |
| 21 | | Services, or by (3) a not-for-profit
organization, provided |
| 22 | | that such organization:
|
| 23 | | a. obtains written consent from the Department of |
| 24 | | Central Management
Services;
|
| 25 | | b. accepts delivery of and sells or dispenses the |
| 26 | | alcoholic liquors in a
manner that does not impair normal |
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| 1 | | operations of State offices located in the
building;
|
| 2 | | c. accepts delivery of and sells or dispenses alcoholic |
| 3 | | liquors only in
connection with an official activity in the |
| 4 | | building; and
|
| 5 | | d. provides, or its catering service provides, dram |
| 6 | | shop liability
insurance in maximum coverage limits and in |
| 7 | | which the carrier agrees to
defend, save harmless, and |
| 8 | | indemnify the State of Illinois from all
financial loss, |
| 9 | | damage, or harm arising out of the selling or dispensing of
|
| 10 | | alcoholic liquors.
|
| 11 | | Nothing in this Act shall prevent a not-for-profit |
| 12 | | organization or agency
of the State from employing the services |
| 13 | | of a catering establishment for
the selling or dispensing of |
| 14 | | alcoholic liquors at functions authorized by
the Director of |
| 15 | | Central Management Services.
|
| 16 | | Alcoholic liquors may be sold at retail or dispensed at the |
| 17 | | James R.
Thompson Center in Chicago, subject to the provisions |
| 18 | | of Section 7.4 of the
State Property Control Act, and 222 South |
| 19 | | College Street in Springfield,
Illinois by (1) a commercial |
| 20 | | tenant or subtenant conducting business on the
premises under a |
| 21 | | lease or sublease made pursuant to Section 405-315 of the
|
| 22 | | Department of Central Management Services Law (20 ILCS |
| 23 | | 405/405-315), provided
that such tenant or subtenant who
sells |
| 24 | | or dispenses alcoholic liquors shall procure and maintain dram |
| 25 | | shop
liability insurance in maximum coverage limits and in |
| 26 | | which the carrier
agrees to defend, indemnify and save harmless |
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| 1 | | the State of Illinois from
all financial loss, damage or harm |
| 2 | | arising out of the sale or dispensing of
alcoholic liquors, or |
| 3 | | by (2) an agency of the State, whether legislative,
judicial or |
| 4 | | executive, provided that such agency first obtains written
|
| 5 | | permission to sell or dispense alcoholic liquors from the |
| 6 | | Director of
Central Management Services, or by (3) a |
| 7 | | not-for-profit organization,
provided that such organization:
|
| 8 | | a. Obtains written consent from the Department of |
| 9 | | Central Management
Services;
|
| 10 | | b. Sells or dispenses the alcoholic liquors in a manner |
| 11 | | that does not
impair normal operations of State offices |
| 12 | | located in the building;
|
| 13 | | c. Sells or dispenses alcoholic liquors only in |
| 14 | | connection with an
official activity in the building;
|
| 15 | | d. Provides, or its catering service provides, dram |
| 16 | | shop liability
insurance in maximum coverage limits and in |
| 17 | | which the carrier agrees to
defend, save harmless and |
| 18 | | indemnify the State of Illinois from all
financial loss, |
| 19 | | damage or harm arising out of the selling or dispensing of
|
| 20 | | alcoholic liquors.
|
| 21 | | Nothing in this Act shall prevent a not-for-profit |
| 22 | | organization or agency
of the State from employing the services |
| 23 | | of a catering establishment for
the selling or dispensing of |
| 24 | | alcoholic liquors at functions authorized by
the Director of |
| 25 | | Central Management Services.
|
| 26 | | Alcoholic liquors may be sold or delivered at any facility |
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| 1 | | owned by the
Illinois Sports Facilities Authority provided that |
| 2 | | dram shop liability
insurance has been made available in a |
| 3 | | form, with such coverage and in such
amounts as the Authority |
| 4 | | reasonably determines is necessary.
|
| 5 | | Alcoholic liquors may be sold at retail or dispensed at the |
| 6 | | Rockford
State Office Building by (1) an agency of the State, |
| 7 | | whether legislative,
judicial or executive, provided that such |
| 8 | | agency first obtains written
permission to sell or dispense |
| 9 | | alcoholic liquors from the Department of
Central Management |
| 10 | | Services, or by (2) a not-for-profit organization,
provided |
| 11 | | that such organization:
|
| 12 | | a. Obtains written consent from the Department of |
| 13 | | Central Management
Services;
|
| 14 | | b. Sells or dispenses the alcoholic liquors in a manner |
| 15 | | that does not
impair normal operations of State offices |
| 16 | | located in the building;
|
| 17 | | c. Sells or dispenses alcoholic liquors only in |
| 18 | | connection with an
official activity in the building;
|
| 19 | | d. Provides, or its catering service provides, dram |
| 20 | | shop liability
insurance in maximum coverage limits and in |
| 21 | | which the carrier agrees to defend,
save harmless and |
| 22 | | indemnify the State of Illinois from all financial loss,
|
| 23 | | damage or harm arising out of the selling or dispensing of |
| 24 | | alcoholic liquors.
|
| 25 | | Nothing in this Act shall prevent a not-for-profit |
| 26 | | organization or agency
of the State from employing the services |
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| 1 | | of a catering establishment for
the selling or dispensing of |
| 2 | | alcoholic liquors at functions authorized by
the Department of |
| 3 | | Central Management Services.
|
| 4 | | Alcoholic liquors may be sold or delivered in a building |
| 5 | | that is owned
by McLean County, situated on land owned by the |
| 6 | | county in the City of
Bloomington, and used by the McLean |
| 7 | | County Historical Society if the sale
or delivery is approved |
| 8 | | by an ordinance adopted by the county board, and
the |
| 9 | | municipality in which the building is located may not prohibit |
| 10 | | that
sale or delivery, notwithstanding any other provision of |
| 11 | | this Section. The
regulation of the sale and delivery of |
| 12 | | alcoholic liquor in a building that
is owned by McLean County, |
| 13 | | situated on land owned by the county, and used
by the McLean |
| 14 | | County Historical Society as provided in this paragraph is an
|
| 15 | | exclusive power and function of the State and is a denial and |
| 16 | | limitation
under Article VII, Section 6, subsection (h) of the |
| 17 | | Illinois Constitution
of the power of a home rule municipality |
| 18 | | to regulate that sale and delivery.
|
| 19 | | Alcoholic liquors may be sold or delivered in any building |
| 20 | | situated on
land held in trust for any school district |
| 21 | | organized under Article 34 of
the School Code, if the building |
| 22 | | is not used for school purposes and if the
sale or delivery is |
| 23 | | approved by the board of education.
|
| 24 | | Alcoholic liquors may be sold or delivered in buildings |
| 25 | | owned
by the Community Building Complex Committee of Boone |
| 26 | | County,
Illinois if the person or facility selling or |
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|
| 1 | | dispensing the
alcoholic liquor has provided dram shop |
| 2 | | liability insurance with coverage and
in amounts that the |
| 3 | | Committee reasonably determines are necessary.
|
| 4 | | Alcoholic liquors may be sold or delivered in the building |
| 5 | | located at
1200 Centerville Avenue in Belleville, Illinois and |
| 6 | | occupied by either the
Belleville Area Special Education |
| 7 | | District or the Belleville Area Special
Services
Cooperative. |
| 8 | | Alcoholic liquors may be delivered to and sold at the Louis |
| 9 | | Joliet
Renaissance Center, City Center Campus, located at 214 |
| 10 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
| 11 | | Department facilities, Main Campus, located at
1215 Houbolt |
| 12 | | Road, Joliet, owned by or under the control of Joliet Junior
|
| 13 | | College,
Illinois Community College District No. 525.
|
| 14 | | Alcoholic liquors may be delivered to and sold at Triton |
| 15 | | College, Illinois Community College District No. 504. |
| 16 | | Alcoholic liquors may be delivered to and sold at the |
| 17 | | College of DuPage, Illinois Community College District No. 502. |
| 18 | | Alcoholic liquors may be delivered to and sold at the |
| 19 | | building located at 446 East Hickory Avenue in Apple River, |
| 20 | | Illinois, owned by the Apple River Fire Protection District, |
| 21 | | and occupied by the Apple River Community Association if the |
| 22 | | alcoholic liquor is sold or dispensed only in connection with |
| 23 | | organized functions approved by the Apple River Community |
| 24 | | Association for which the planned attendance is 20 or more |
| 25 | | persons and if the person or facility selling or dispensing the |
| 26 | | alcoholic liquor has provided dram shop liability insurance in |
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| 1 | | maximum limits so as to hold harmless the Apple River Fire |
| 2 | | Protection District, the Village of Apple River, and the Apple |
| 3 | | River Community Association from all financial loss, damage, |
| 4 | | and harm. |
| 5 | | Alcoholic liquors may be delivered to and sold at the Sikia |
| 6 | | Restaurant, Kennedy King College Campus, located at 740 West |
| 7 | | 63rd Street, Chicago, and at the Food Services in the Great |
| 8 | | Hall/Washburne Culinary Institute Department facility, Kennedy |
| 9 | | King College Campus, located at 740 West 63rd Street, Chicago, |
| 10 | | owned by or under the control of City Colleges of Chicago, |
| 11 | | Illinois Community College District No. 508.
|
| 12 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, |
| 13 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; |
| 14 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. |
| 15 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised |
| 16 | | 9-24-13.)
|
| 17 | | (235 ILCS 5/7-1) (from Ch. 43, par. 145)
|
| 18 | | Sec. 7-1.
An applicant for a retail license from the State |
| 19 | | Commission
shall submit to the State Commission an application |
| 20 | | in writing under oath
stating:
|
| 21 | | (1) The applicant's name and mailing address;
|
| 22 | | (2) The name and address of the applicant's business;
|
| 23 | | (3) If applicable, the date of the filing of the |
| 24 | | "assumed name" of
the business with the County Clerk;
|
| 25 | | (4) In case of a copartnership, the date of the |
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| 1 | | formation of the
partnership; in the case of an Illinois |
| 2 | | corporation, the date of its
incorporation; or in the case |
| 3 | | of a foreign corporation, the State where
it was |
| 4 | | incorporated and the date of its becoming qualified under |
| 5 | | the Business
Corporation Act of 1983 to transact business |
| 6 | | in the State of Illinois;
|
| 7 | | (5) The number, the date of issuance and the date of |
| 8 | | expiration of
the applicant's current local retail liquor |
| 9 | | license;
|
| 10 | | (6) The name of the city, village, or county that |
| 11 | | issued the local
retail liquor license;
|
| 12 | | (7) The name and address of the landlord if the |
| 13 | | premises are leased;
|
| 14 | | (8) The date of the applicant's first request for a |
| 15 | | State liquor
license and whether it was granted, denied or |
| 16 | | withdrawn;
|
| 17 | | (9) The address of the applicant when the first |
| 18 | | application for a
State liquor license was made;
|
| 19 | | (10) The applicant's current State liquor license |
| 20 | | number;
|
| 21 | | (11) The date the applicant began liquor sales at his |
| 22 | | place of business;
|
| 23 | | (12) The address of the applicant's warehouse if he |
| 24 | | warehouses liquor;
|
| 25 | | (13) The applicant's Retailers' Retailer's Occupation |
| 26 | | Tax (ROT) Registration Number;
|
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| 1 | | (14) The applicant's document locator locater number |
| 2 | | on his Federal Special
Tax Stamp;
|
| 3 | | (15) Whether the applicant is delinquent in the payment |
| 4 | | of the
Retailers' Occupation Retailer's Occupational Tax |
| 5 | | (Sales Tax), and if so, the reasons therefor;
|
| 6 | | (16) Whether the applicant is delinquent under the cash |
| 7 | | beer law,
and if so, the reasons therefor;
|
| 8 | | (17) In the case of a retailer, whether he is |
| 9 | | delinquent under the
30-day 30 day credit law, and if so, |
| 10 | | the reasons therefor;
|
| 11 | | (18) In the case of a distributor, whether he is |
| 12 | | delinquent under
the 15-day 15 day credit law, and if so, |
| 13 | | the reasons therefor;
|
| 14 | | (19) Whether the applicant has made an application for |
| 15 | | a liquor
license which has been denied, and if so, the |
| 16 | | reasons therefor;
|
| 17 | | (20) Whether the applicant has ever had any previous |
| 18 | | liquor license
suspended or revoked, and if so, the reasons |
| 19 | | therefor;
|
| 20 | | (21) Whether the applicant has ever been convicted of a |
| 21 | | gambling
offense or felony, and if so, the particulars |
| 22 | | thereof;
|
| 23 | | (22) Whether the applicant possesses a current Federal |
| 24 | | Wagering Stamp,
and if so, the reasons therefor;
|
| 25 | | (23) Whether the applicant, or any other person, |
| 26 | | directly in his place
of business is a public official, and |
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| 1 | | if so, the particulars thereof;
|
| 2 | | (24) The applicant's name, sex, date of birth, social |
| 3 | | security
number, position and percentage of ownership in |
| 4 | | the business; and the
name, sex, date of birth, social |
| 5 | | security number, position and
percentage of ownership in |
| 6 | | the business of every sole owner, partner,
corporate |
| 7 | | officer, director, manager and any person who owns 5% or |
| 8 | | more
of the shares of the applicant business entity or |
| 9 | | parent corporations of
the applicant business entity; and
|
| 10 | | (25) That he has not received or borrowed money or |
| 11 | | anything else of
value, and that he will not receive or |
| 12 | | borrow money or anything else of
value (other than |
| 13 | | merchandising credit in the ordinary course of
business for |
| 14 | | a period not to exceed 90 days as herein expressly
|
| 15 | | permitted under Section 6-5 hereof), directly or
|
| 16 | | indirectly, from any manufacturer, importing distributor |
| 17 | | or
distributor or from any representative of any such |
| 18 | | manufacturer,
importing distributor or distributor, nor be |
| 19 | | a party in
any way, directly or indirectly, to any |
| 20 | | violation by a manufacturer,
distributor or importing |
| 21 | | distributor of Section 6-6 of this Act.
|
| 22 | | In addition to any other requirement of this Section, an |
| 23 | | applicant for
a special use permit license and a special event |
| 24 | | retailer's license shall
also submit (A) proof satisfactory to |
| 25 | | the Commission that the applicant
has a resale number issued |
| 26 | | under Section 2c of the Retailers' Retailer's Occupation Tax
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| 1 | | Act or that the applicant is registered under Section 2a of the |
| 2 | | Retailers' Retailer's
Occupation Tax Act, (B) proof |
| 3 | | satisfactory to the Commission that the
applicant has a |
| 4 | | current, valid exemption identification number issued under
|
| 5 | | Section 1g of the Retailers' Occupation Tax Act and a |
| 6 | | certification to the
Commission that the purchase of alcoholic |
| 7 | | liquors will be a tax-exempt
purchase, or (C) a statement that |
| 8 | | the applicant is not registered under
Section 2a of the |
| 9 | | Retailers' Occupation Tax Act, does not hold a resale
number |
| 10 | | under Section 2c of the Retailers' Occupation Tax Act, and does |
| 11 | | not
hold an exemption number under Section 1g of the Retailers' |
| 12 | | Occupation
Tax Act.
The applicant shall also submit proof of |
| 13 | | adequate dram shop
insurance for the special event prior to |
| 14 | | being issued a license.
|
| 15 | | In addition to the foregoing information, such application |
| 16 | | shall
contain such other and further information as the State |
| 17 | | Commission and
the local commission may, by rule or regulation |
| 18 | | not inconsistent with
law, prescribe.
|
| 19 | | If the applicant reports a felony conviction as required |
| 20 | | under
paragraph (21) of this Section, such conviction may be |
| 21 | | considered by the
Commission in determining qualifications for |
| 22 | | licensing, but shall not
operate as a bar to licensing.
|
| 23 | | If said application is made in behalf of a partnership, |
| 24 | | firm,
association, club or corporation, then the same shall be |
| 25 | | signed by one
member of such partnership or the president or
|
| 26 | | secretary of
such corporation or an authorized agent of said
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| 1 | | partnership or corporation.
|
| 2 | | All other applications shall be on forms prescribed by
the |
| 3 | | State Commission, and which may exclude any of the above |
| 4 | | requirements which
the State Commission rules to be |
| 5 | | inapplicable.
|
| 6 | | (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99; |
| 7 | | revised 11-12-13.)
|
| 8 | | Section 540. The Illinois Public Aid Code is amended by |
| 9 | | changing Sections 1-10, 5-5, 5-5.2, 5-5.4, 5-5f, 5A-5, 5A-8, |
| 10 | | 5A-12.4, 11-5.2, and 12-4.25 and by setting forth and |
| 11 | | renumbering multiple versions of Section 12-4.45 as follows:
|
| 12 | | (305 ILCS 5/1-10)
|
| 13 | | Sec. 1-10. Drug convictions.
|
| 14 | | (a) Persons convicted of an offense under the Illinois |
| 15 | | Controlled Substances
Act, the Cannabis Control Act, or the |
| 16 | | Methamphetamine Control and Community Protection Act which is a |
| 17 | | Class X felony, or a Class 1 felony,
or comparable federal |
| 18 | | criminal law which has as an element the
possession, use, or |
| 19 | | distribution of a controlled substance, as defined in
Section |
| 20 | | 102(6) of the federal Controlled Substances Act (21 U.S.C. |
| 21 | | 802(c)),
shall not be eligible for cash assistance provided |
| 22 | | under this Code.
|
| 23 | | (b) Persons convicted of
any other felony under the |
| 24 | | Illinois Controlled Substances Act, the Cannabis
Control Act, |
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| 1 | | or the Methamphetamine Control and Community Protection Act |
| 2 | | which is not a Class X or Class 1 felony, or comparable
federal |
| 3 | | criminal law which has as an element the possession, use, or
|
| 4 | | distribution of a
controlled substance, as defined in Section |
| 5 | | 102(6) of the federal Controlled
Substances Act (21 U.S.C. |
| 6 | | 802(c)), shall not be eligible for cash assistance
provided |
| 7 | | under this Code for 2 years from the date of conviction. This
|
| 8 | | prohibition shall not apply if the person is in a drug |
| 9 | | treatment program,
aftercare program, or similar program as |
| 10 | | defined by rule.
|
| 11 | | (c) Persons shall not be determined ineligible for food |
| 12 | | stamps provided
under this Code based upon a conviction of any |
| 13 | | felony or comparable federal or
State criminal law which has an |
| 14 | | element the possession, use or distribution of
a controlled |
| 15 | | substance, as defined in Section 102(6) of the federal |
| 16 | | Controlled Substances
Substance
Act (21 U.S.C. 802(c)).
|
| 17 | | (Source: P.A. 94-556, eff. 9-11-05; revised 11-12-13.)
|
| 18 | | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
|
| 19 | | Sec. 5-5. Medical services. The Illinois Department, by |
| 20 | | rule, shall
determine the quantity and quality of and the rate |
| 21 | | of reimbursement for the
medical assistance for which
payment |
| 22 | | will be authorized, and the medical services to be provided,
|
| 23 | | which may include all or part of the following: (1) inpatient |
| 24 | | hospital
services; (2) outpatient hospital services; (3) other |
| 25 | | laboratory and
X-ray services; (4) skilled nursing home |
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| 1 | | services; (5) physicians'
services whether furnished in the |
| 2 | | office, the patient's home, a
hospital, a skilled nursing home, |
| 3 | | or elsewhere; (6) medical care, or any
other type of remedial |
| 4 | | care furnished by licensed practitioners; (7)
home health care |
| 5 | | services; (8) private duty nursing service; (9) clinic
|
| 6 | | services; (10) dental services, including prevention and |
| 7 | | treatment of periodontal disease and dental caries disease for |
| 8 | | pregnant women, provided by an individual licensed to practice |
| 9 | | dentistry or dental surgery; for purposes of this item (10), |
| 10 | | "dental services" means diagnostic, preventive, or corrective |
| 11 | | procedures provided by or under the supervision of a dentist in |
| 12 | | the practice of his or her profession; (11) physical therapy |
| 13 | | and related
services; (12) prescribed drugs, dentures, and |
| 14 | | prosthetic devices; and
eyeglasses prescribed by a physician |
| 15 | | skilled in the diseases of the eye,
or by an optometrist, |
| 16 | | whichever the person may select; (13) other
diagnostic, |
| 17 | | screening, preventive, and rehabilitative services, including |
| 18 | | to ensure that the individual's need for intervention or |
| 19 | | treatment of mental disorders or substance use disorders or |
| 20 | | co-occurring mental health and substance use disorders is |
| 21 | | determined using a uniform screening, assessment, and |
| 22 | | evaluation process inclusive of criteria, for children and |
| 23 | | adults; for purposes of this item (13), a uniform screening, |
| 24 | | assessment, and evaluation process refers to a process that |
| 25 | | includes an appropriate evaluation and, as warranted, a |
| 26 | | referral; "uniform" does not mean the use of a singular |
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| 1 | | instrument, tool, or process that all must utilize; (14)
|
| 2 | | transportation and such other expenses as may be necessary; |
| 3 | | (15) medical
treatment of sexual assault survivors, as defined |
| 4 | | in
Section 1a of the Sexual Assault Survivors Emergency |
| 5 | | Treatment Act, for
injuries sustained as a result of the sexual |
| 6 | | assault, including
examinations and laboratory tests to |
| 7 | | discover evidence which may be used in
criminal proceedings |
| 8 | | arising from the sexual assault; (16) the
diagnosis and |
| 9 | | treatment of sickle cell anemia; and (17)
any other medical |
| 10 | | care, and any other type of remedial care recognized
under the |
| 11 | | laws of this State, but not including abortions, or induced
|
| 12 | | miscarriages or premature births, unless, in the opinion of a |
| 13 | | physician,
such procedures are necessary for the preservation |
| 14 | | of the life of the
woman seeking such treatment, or except an |
| 15 | | induced premature birth
intended to produce a live viable child |
| 16 | | and such procedure is necessary
for the health of the mother or |
| 17 | | her unborn child. The Illinois Department,
by rule, shall |
| 18 | | prohibit any physician from providing medical assistance
to |
| 19 | | anyone eligible therefor under this Code where such physician |
| 20 | | has been
found guilty of performing an abortion procedure in a |
| 21 | | wilful and wanton
manner upon a woman who was not pregnant at |
| 22 | | the time such abortion
procedure was performed. The term "any |
| 23 | | other type of remedial care" shall
include nursing care and |
| 24 | | nursing home service for persons who rely on
treatment by |
| 25 | | spiritual means alone through prayer for healing.
|
| 26 | | Notwithstanding any other provision of this Section, a |
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| 1 | | comprehensive
tobacco use cessation program that includes |
| 2 | | purchasing prescription drugs or
prescription medical devices |
| 3 | | approved by the Food and Drug Administration shall
be covered |
| 4 | | under the medical assistance
program under this Article for |
| 5 | | persons who are otherwise eligible for
assistance under this |
| 6 | | Article.
|
| 7 | | Notwithstanding any other provision of this Code, the |
| 8 | | Illinois
Department may not require, as a condition of payment |
| 9 | | for any laboratory
test authorized under this Article, that a |
| 10 | | physician's handwritten signature
appear on the laboratory |
| 11 | | test order form. The Illinois Department may,
however, impose |
| 12 | | other appropriate requirements regarding laboratory test
order |
| 13 | | documentation.
|
| 14 | | On and after July 1, 2012, the Department of Healthcare and |
| 15 | | Family Services may provide the following services to
persons
|
| 16 | | eligible for assistance under this Article who are |
| 17 | | participating in
education, training or employment programs |
| 18 | | operated by the Department of Human
Services as successor to |
| 19 | | the Department of Public Aid:
|
| 20 | | (1) dental services provided by or under the |
| 21 | | supervision of a dentist; and
|
| 22 | | (2) eyeglasses prescribed by a physician skilled in the |
| 23 | | diseases of the
eye, or by an optometrist, whichever the |
| 24 | | person may select.
|
| 25 | | Notwithstanding any other provision of this Code and |
| 26 | | subject to federal approval, the Department may adopt rules to |
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| 1 | | allow a dentist who is volunteering his or her service at no |
| 2 | | cost to render dental services through an enrolled |
| 3 | | not-for-profit health clinic without the dentist personally |
| 4 | | enrolling as a participating provider in the medical assistance |
| 5 | | program. A not-for-profit health clinic shall include a public |
| 6 | | health clinic or Federally Qualified Health Center or other |
| 7 | | enrolled provider, as determined by the Department, through |
| 8 | | which dental services covered under this Section are performed. |
| 9 | | The Department shall establish a process for payment of claims |
| 10 | | for reimbursement for covered dental services rendered under |
| 11 | | this provision. |
| 12 | | The Illinois Department, by rule, may distinguish and |
| 13 | | classify the
medical services to be provided only in accordance |
| 14 | | with the classes of
persons designated in Section 5-2.
|
| 15 | | The Department of Healthcare and Family Services must |
| 16 | | provide coverage and reimbursement for amino acid-based |
| 17 | | elemental formulas, regardless of delivery method, for the |
| 18 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) |
| 19 | | short bowel syndrome when the prescribing physician has issued |
| 20 | | a written order stating that the amino acid-based elemental |
| 21 | | formula is medically necessary.
|
| 22 | | The Illinois Department shall authorize the provision of, |
| 23 | | and shall
authorize payment for, screening by low-dose |
| 24 | | mammography for the presence of
occult breast cancer for women |
| 25 | | 35 years of age or older who are eligible
for medical |
| 26 | | assistance under this Article, as follows: |
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| 1 | | (A) A baseline
mammogram for women 35 to 39 years of |
| 2 | | age.
|
| 3 | | (B) An annual mammogram for women 40 years of age or |
| 4 | | older. |
| 5 | | (C) A mammogram at the age and intervals considered |
| 6 | | medically necessary by the woman's health care provider for |
| 7 | | women under 40 years of age and having a family history of |
| 8 | | breast cancer, prior personal history of breast cancer, |
| 9 | | positive genetic testing, or other risk factors. |
| 10 | | (D) A comprehensive ultrasound screening of an entire |
| 11 | | breast or breasts if a mammogram demonstrates |
| 12 | | heterogeneous or dense breast tissue, when medically |
| 13 | | necessary as determined by a physician licensed to practice |
| 14 | | medicine in all of its branches. |
| 15 | | All screenings
shall
include a physical breast exam, |
| 16 | | instruction on self-examination and
information regarding the |
| 17 | | frequency of self-examination and its value as a
preventative |
| 18 | | tool. For purposes of this Section, "low-dose mammography" |
| 19 | | means
the x-ray examination of the breast using equipment |
| 20 | | dedicated specifically
for mammography, including the x-ray |
| 21 | | tube, filter, compression device,
and image receptor, with an |
| 22 | | average radiation exposure delivery
of less than one rad per |
| 23 | | breast for 2 views of an average size breast.
The term also |
| 24 | | includes digital mammography.
|
| 25 | | On and after January 1, 2012, providers participating in a |
| 26 | | quality improvement program approved by the Department shall be |
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| 1 | | reimbursed for screening and diagnostic mammography at the same |
| 2 | | rate as the Medicare program's rates, including the increased |
| 3 | | reimbursement for digital mammography. |
| 4 | | The Department shall convene an expert panel including |
| 5 | | representatives of hospitals, free-standing mammography |
| 6 | | facilities, and doctors, including radiologists, to establish |
| 7 | | quality standards. |
| 8 | | Subject to federal approval, the Department shall |
| 9 | | establish a rate methodology for mammography at federally |
| 10 | | qualified health centers and other encounter-rate clinics. |
| 11 | | These clinics or centers may also collaborate with other |
| 12 | | hospital-based mammography facilities. |
| 13 | | The Department shall establish a methodology to remind |
| 14 | | women who are age-appropriate for screening mammography, but |
| 15 | | who have not received a mammogram within the previous 18 |
| 16 | | months, of the importance and benefit of screening mammography. |
| 17 | | The Department shall establish a performance goal for |
| 18 | | primary care providers with respect to their female patients |
| 19 | | over age 40 receiving an annual mammogram. This performance |
| 20 | | goal shall be used to provide additional reimbursement in the |
| 21 | | form of a quality performance bonus to primary care providers |
| 22 | | who meet that goal. |
| 23 | | The Department shall devise a means of case-managing or |
| 24 | | patient navigation for beneficiaries diagnosed with breast |
| 25 | | cancer. This program shall initially operate as a pilot program |
| 26 | | in areas of the State with the highest incidence of mortality |
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| 1 | | related to breast cancer. At least one pilot program site shall |
| 2 | | be in the metropolitan Chicago area and at least one site shall |
| 3 | | be outside the metropolitan Chicago area. An evaluation of the |
| 4 | | pilot program shall be carried out measuring health outcomes |
| 5 | | and cost of care for those served by the pilot program compared |
| 6 | | to similarly situated patients who are not served by the pilot |
| 7 | | program. |
| 8 | | Any medical or health care provider shall immediately |
| 9 | | recommend, to
any pregnant woman who is being provided prenatal |
| 10 | | services and is suspected
of drug abuse or is addicted as |
| 11 | | defined in the Alcoholism and Other Drug Abuse
and Dependency |
| 12 | | Act, referral to a local substance abuse treatment provider
|
| 13 | | licensed by the Department of Human Services or to a licensed
|
| 14 | | hospital which provides substance abuse treatment services. |
| 15 | | The Department of Healthcare and Family Services
shall assure |
| 16 | | coverage for the cost of treatment of the drug abuse or
|
| 17 | | addiction for pregnant recipients in accordance with the |
| 18 | | Illinois Medicaid
Program in conjunction with the Department of |
| 19 | | Human Services.
|
| 20 | | All medical providers providing medical assistance to |
| 21 | | pregnant women
under this Code shall receive information from |
| 22 | | the Department on the
availability of services under the Drug |
| 23 | | Free Families with a Future or any
comparable program providing |
| 24 | | case management services for addicted women,
including |
| 25 | | information on appropriate referrals for other social services
|
| 26 | | that may be needed by addicted women in addition to treatment |
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| 1 | | for addiction.
|
| 2 | | The Illinois Department, in cooperation with the |
| 3 | | Departments of Human
Services (as successor to the Department |
| 4 | | of Alcoholism and Substance
Abuse) and Public Health, through a |
| 5 | | public awareness campaign, may
provide information concerning |
| 6 | | treatment for alcoholism and drug abuse and
addiction, prenatal |
| 7 | | health care, and other pertinent programs directed at
reducing |
| 8 | | the number of drug-affected infants born to recipients of |
| 9 | | medical
assistance.
|
| 10 | | Neither the Department of Healthcare and Family Services |
| 11 | | nor the Department of Human
Services shall sanction the |
| 12 | | recipient solely on the basis of
her substance abuse.
|
| 13 | | The Illinois Department shall establish such regulations |
| 14 | | governing
the dispensing of health services under this Article |
| 15 | | as it shall deem
appropriate. The Department
should
seek the |
| 16 | | advice of formal professional advisory committees appointed by
|
| 17 | | the Director of the Illinois Department for the purpose of |
| 18 | | providing regular
advice on policy and administrative matters, |
| 19 | | information dissemination and
educational activities for |
| 20 | | medical and health care providers, and
consistency in |
| 21 | | procedures to the Illinois Department.
|
| 22 | | The Illinois Department may develop and contract with |
| 23 | | Partnerships of
medical providers to arrange medical services |
| 24 | | for persons eligible under
Section 5-2 of this Code. |
| 25 | | Implementation of this Section may be by
demonstration projects |
| 26 | | in certain geographic areas. The Partnership shall
be |
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| 1 | | represented by a sponsor organization. The Department, by rule, |
| 2 | | shall
develop qualifications for sponsors of Partnerships. |
| 3 | | Nothing in this
Section shall be construed to require that the |
| 4 | | sponsor organization be a
medical organization.
|
| 5 | | The sponsor must negotiate formal written contracts with |
| 6 | | medical
providers for physician services, inpatient and |
| 7 | | outpatient hospital care,
home health services, treatment for |
| 8 | | alcoholism and substance abuse, and
other services determined |
| 9 | | necessary by the Illinois Department by rule for
delivery by |
| 10 | | Partnerships. Physician services must include prenatal and
|
| 11 | | obstetrical care. The Illinois Department shall reimburse |
| 12 | | medical services
delivered by Partnership providers to clients |
| 13 | | in target areas according to
provisions of this Article and the |
| 14 | | Illinois Health Finance Reform Act,
except that:
|
| 15 | | (1) Physicians participating in a Partnership and |
| 16 | | providing certain
services, which shall be determined by |
| 17 | | the Illinois Department, to persons
in areas covered by the |
| 18 | | Partnership may receive an additional surcharge
for such |
| 19 | | services.
|
| 20 | | (2) The Department may elect to consider and negotiate |
| 21 | | financial
incentives to encourage the development of |
| 22 | | Partnerships and the efficient
delivery of medical care.
|
| 23 | | (3) Persons receiving medical services through |
| 24 | | Partnerships may receive
medical and case management |
| 25 | | services above the level usually offered
through the |
| 26 | | medical assistance program.
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| 1 | | Medical providers shall be required to meet certain |
| 2 | | qualifications to
participate in Partnerships to ensure the |
| 3 | | delivery of high quality medical
services. These |
| 4 | | qualifications shall be determined by rule of the Illinois
|
| 5 | | Department and may be higher than qualifications for |
| 6 | | participation in the
medical assistance program. Partnership |
| 7 | | sponsors may prescribe reasonable
additional qualifications |
| 8 | | for participation by medical providers, only with
the prior |
| 9 | | written approval of the Illinois Department.
|
| 10 | | Nothing in this Section shall limit the free choice of |
| 11 | | practitioners,
hospitals, and other providers of medical |
| 12 | | services by clients.
In order to ensure patient freedom of |
| 13 | | choice, the Illinois Department shall
immediately promulgate |
| 14 | | all rules and take all other necessary actions so that
provided |
| 15 | | services may be accessed from therapeutically certified |
| 16 | | optometrists
to the full extent of the Illinois Optometric |
| 17 | | Practice Act of 1987 without
discriminating between service |
| 18 | | providers.
|
| 19 | | The Department shall apply for a waiver from the United |
| 20 | | States Health
Care Financing Administration to allow for the |
| 21 | | implementation of
Partnerships under this Section.
|
| 22 | | The Illinois Department shall require health care |
| 23 | | providers to maintain
records that document the medical care |
| 24 | | and services provided to recipients
of Medical Assistance under |
| 25 | | this Article. Such records must be retained for a period of not |
| 26 | | less than 6 years from the date of service or as provided by |
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| 1 | | applicable State law, whichever period is longer, except that |
| 2 | | if an audit is initiated within the required retention period |
| 3 | | then the records must be retained until the audit is completed |
| 4 | | and every exception is resolved. The Illinois Department shall
|
| 5 | | require health care providers to make available, when |
| 6 | | authorized by the
patient, in writing, the medical records in a |
| 7 | | timely fashion to other
health care providers who are treating |
| 8 | | or serving persons eligible for
Medical Assistance under this |
| 9 | | Article. All dispensers of medical services
shall be required |
| 10 | | to maintain and retain business and professional records
|
| 11 | | sufficient to fully and accurately document the nature, scope, |
| 12 | | details and
receipt of the health care provided to persons |
| 13 | | eligible for medical
assistance under this Code, in accordance |
| 14 | | with regulations promulgated by
the Illinois Department. The |
| 15 | | rules and regulations shall require that proof
of the receipt |
| 16 | | of prescription drugs, dentures, prosthetic devices and
|
| 17 | | eyeglasses by eligible persons under this Section accompany |
| 18 | | each claim
for reimbursement submitted by the dispenser of such |
| 19 | | medical services.
No such claims for reimbursement shall be |
| 20 | | approved for payment by the Illinois
Department without such |
| 21 | | proof of receipt, unless the Illinois Department
shall have put |
| 22 | | into effect and shall be operating a system of post-payment
|
| 23 | | audit and review which shall, on a sampling basis, be deemed |
| 24 | | adequate by
the Illinois Department to assure that such drugs, |
| 25 | | dentures, prosthetic
devices and eyeglasses for which payment |
| 26 | | is being made are actually being
received by eligible |
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| 1 | | recipients. Within 90 days after the effective date of
this |
| 2 | | amendatory Act of 1984, the Illinois Department shall establish |
| 3 | | a
current list of acquisition costs for all prosthetic devices |
| 4 | | and any
other items recognized as medical equipment and |
| 5 | | supplies reimbursable under
this Article and shall update such |
| 6 | | list on a quarterly basis, except that
the acquisition costs of |
| 7 | | all prescription drugs shall be updated no
less frequently than |
| 8 | | every 30 days as required by Section 5-5.12.
|
| 9 | | The rules and regulations of the Illinois Department shall |
| 10 | | require
that a written statement including the required opinion |
| 11 | | of a physician
shall accompany any claim for reimbursement for |
| 12 | | abortions, or induced
miscarriages or premature births. This |
| 13 | | statement shall indicate what
procedures were used in providing |
| 14 | | such medical services.
|
| 15 | | Notwithstanding any other law to the contrary, the Illinois |
| 16 | | Department shall, within 365 days after July 22, 2013 (the |
| 17 | | effective date of Public Act 98-104) this amendatory Act of the |
| 18 | | 98th General Assembly, establish procedures to permit skilled |
| 19 | | care facilities licensed under the Nursing Home Care Act to |
| 20 | | submit monthly billing claims for reimbursement purposes. |
| 21 | | Following development of these procedures, the Department |
| 22 | | shall have an additional 365 days to test the viability of the |
| 23 | | new system and to ensure that any necessary operational or |
| 24 | | structural changes to its information technology platforms are |
| 25 | | implemented. |
| 26 | | The Illinois Department shall require all dispensers of |
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| 1 | | medical
services, other than an individual practitioner or |
| 2 | | group of practitioners,
desiring to participate in the Medical |
| 3 | | Assistance program
established under this Article to disclose |
| 4 | | all financial, beneficial,
ownership, equity, surety or other |
| 5 | | interests in any and all firms,
corporations, partnerships, |
| 6 | | associations, business enterprises, joint
ventures, agencies, |
| 7 | | institutions or other legal entities providing any
form of |
| 8 | | health care services in this State under this Article.
|
| 9 | | The Illinois Department may require that all dispensers of |
| 10 | | medical
services desiring to participate in the medical |
| 11 | | assistance program
established under this Article disclose, |
| 12 | | under such terms and conditions as
the Illinois Department may |
| 13 | | by rule establish, all inquiries from clients
and attorneys |
| 14 | | regarding medical bills paid by the Illinois Department, which
|
| 15 | | inquiries could indicate potential existence of claims or liens |
| 16 | | for the
Illinois Department.
|
| 17 | | Enrollment of a vendor
shall be
subject to a provisional |
| 18 | | period and shall be conditional for one year. During the period |
| 19 | | of conditional enrollment, the Department may
terminate the |
| 20 | | vendor's eligibility to participate in, or may disenroll the |
| 21 | | vendor from, the medical assistance
program without cause. |
| 22 | | Unless otherwise specified, such termination of eligibility or |
| 23 | | disenrollment is not subject to the
Department's hearing |
| 24 | | process.
However, a disenrolled vendor may reapply without |
| 25 | | penalty.
|
| 26 | | The Department has the discretion to limit the conditional |
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| 1 | | enrollment period for vendors based upon category of risk of |
| 2 | | the vendor. |
| 3 | | Prior to enrollment and during the conditional enrollment |
| 4 | | period in the medical assistance program, all vendors shall be |
| 5 | | subject to enhanced oversight, screening, and review based on |
| 6 | | the risk of fraud, waste, and abuse that is posed by the |
| 7 | | category of risk of the vendor. The Illinois Department shall |
| 8 | | establish the procedures for oversight, screening, and review, |
| 9 | | which may include, but need not be limited to: criminal and |
| 10 | | financial background checks; fingerprinting; license, |
| 11 | | certification, and authorization verifications; unscheduled or |
| 12 | | unannounced site visits; database checks; prepayment audit |
| 13 | | reviews; audits; payment caps; payment suspensions; and other |
| 14 | | screening as required by federal or State law. |
| 15 | | The Department shall define or specify the following: (i) |
| 16 | | by provider notice, the "category of risk of the vendor" for |
| 17 | | each type of vendor, which shall take into account the level of |
| 18 | | screening applicable to a particular category of vendor under |
| 19 | | federal law and regulations; (ii) by rule or provider notice, |
| 20 | | the maximum length of the conditional enrollment period for |
| 21 | | each category of risk of the vendor; and (iii) by rule, the |
| 22 | | hearing rights, if any, afforded to a vendor in each category |
| 23 | | of risk of the vendor that is terminated or disenrolled during |
| 24 | | the conditional enrollment period. |
| 25 | | To be eligible for payment consideration, a vendor's |
| 26 | | payment claim or bill, either as an initial claim or as a |
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| 1 | | resubmitted claim following prior rejection, must be received |
| 2 | | by the Illinois Department, or its fiscal intermediary, no |
| 3 | | later than 180 days after the latest date on the claim on which |
| 4 | | medical goods or services were provided, with the following |
| 5 | | exceptions: |
| 6 | | (1) In the case of a provider whose enrollment is in |
| 7 | | process by the Illinois Department, the 180-day period |
| 8 | | shall not begin until the date on the written notice from |
| 9 | | the Illinois Department that the provider enrollment is |
| 10 | | complete. |
| 11 | | (2) In the case of errors attributable to the Illinois |
| 12 | | Department or any of its claims processing intermediaries |
| 13 | | which result in an inability to receive, process, or |
| 14 | | adjudicate a claim, the 180-day period shall not begin |
| 15 | | until the provider has been notified of the error. |
| 16 | | (3) In the case of a provider for whom the Illinois |
| 17 | | Department initiates the monthly billing process. |
| 18 | | (4) In the case of a provider operated by a unit of |
| 19 | | local government with a population exceeding 3,000,000 |
| 20 | | when local government funds finance federal participation |
| 21 | | for claims payments. |
| 22 | | For claims for services rendered during a period for which |
| 23 | | a recipient received retroactive eligibility, claims must be |
| 24 | | filed within 180 days after the Department determines the |
| 25 | | applicant is eligible. For claims for which the Illinois |
| 26 | | Department is not the primary payer, claims must be submitted |
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| 1 | | to the Illinois Department within 180 days after the final |
| 2 | | adjudication by the primary payer. |
| 3 | | In the case of long term care facilities, admission |
| 4 | | documents shall be submitted within 30 days of an admission to |
| 5 | | the facility through the Medical Electronic Data Interchange |
| 6 | | (MEDI) or the Recipient Eligibility Verification (REV) System, |
| 7 | | or shall be submitted directly to the Department of Human |
| 8 | | Services using required admission forms. Confirmation numbers |
| 9 | | assigned to an accepted transaction shall be retained by a |
| 10 | | facility to verify timely submittal. Once an admission |
| 11 | | transaction has been completed, all resubmitted claims |
| 12 | | following prior rejection are subject to receipt no later than |
| 13 | | 180 days after the admission transaction has been completed. |
| 14 | | Claims that are not submitted and received in compliance |
| 15 | | with the foregoing requirements shall not be eligible for |
| 16 | | payment under the medical assistance program, and the State |
| 17 | | shall have no liability for payment of those claims. |
| 18 | | To the extent consistent with applicable information and |
| 19 | | privacy, security, and disclosure laws, State and federal |
| 20 | | agencies and departments shall provide the Illinois Department |
| 21 | | access to confidential and other information and data necessary |
| 22 | | to perform eligibility and payment verifications and other |
| 23 | | Illinois Department functions. This includes, but is not |
| 24 | | limited to: information pertaining to licensure; |
| 25 | | certification; earnings; immigration status; citizenship; wage |
| 26 | | reporting; unearned and earned income; pension income; |
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| 1 | | employment; supplemental security income; social security |
| 2 | | numbers; National Provider Identifier (NPI) numbers; the |
| 3 | | National Practitioner Data Bank (NPDB); program and agency |
| 4 | | exclusions; taxpayer identification numbers; tax delinquency; |
| 5 | | corporate information; and death records. |
| 6 | | The Illinois Department shall enter into agreements with |
| 7 | | State agencies and departments, and is authorized to enter into |
| 8 | | agreements with federal agencies and departments, under which |
| 9 | | such agencies and departments shall share data necessary for |
| 10 | | medical assistance program integrity functions and oversight. |
| 11 | | The Illinois Department shall develop, in cooperation with |
| 12 | | other State departments and agencies, and in compliance with |
| 13 | | applicable federal laws and regulations, appropriate and |
| 14 | | effective methods to share such data. At a minimum, and to the |
| 15 | | extent necessary to provide data sharing, the Illinois |
| 16 | | Department shall enter into agreements with State agencies and |
| 17 | | departments, and is authorized to enter into agreements with |
| 18 | | federal agencies and departments, including but not limited to: |
| 19 | | the Secretary of State; the Department of Revenue; the |
| 20 | | Department of Public Health; the Department of Human Services; |
| 21 | | and the Department of Financial and Professional Regulation. |
| 22 | | Beginning in fiscal year 2013, the Illinois Department |
| 23 | | shall set forth a request for information to identify the |
| 24 | | benefits of a pre-payment, post-adjudication, and post-edit |
| 25 | | claims system with the goals of streamlining claims processing |
| 26 | | and provider reimbursement, reducing the number of pending or |
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| 1 | | rejected claims, and helping to ensure a more transparent |
| 2 | | adjudication process through the utilization of: (i) provider |
| 3 | | data verification and provider screening technology; and (ii) |
| 4 | | clinical code editing; and (iii) pre-pay, pre- or |
| 5 | | post-adjudicated predictive modeling with an integrated case |
| 6 | | management system with link analysis. Such a request for |
| 7 | | information shall not be considered as a request for proposal |
| 8 | | or as an obligation on the part of the Illinois Department to |
| 9 | | take any action or acquire any products or services. |
| 10 | | The Illinois Department shall establish policies, |
| 11 | | procedures,
standards and criteria by rule for the acquisition, |
| 12 | | repair and replacement
of orthotic and prosthetic devices and |
| 13 | | durable medical equipment. Such
rules shall provide, but not be |
| 14 | | limited to, the following services: (1)
immediate repair or |
| 15 | | replacement of such devices by recipients; and (2) rental, |
| 16 | | lease, purchase or lease-purchase of
durable medical equipment |
| 17 | | in a cost-effective manner, taking into
consideration the |
| 18 | | recipient's medical prognosis, the extent of the
recipient's |
| 19 | | needs, and the requirements and costs for maintaining such
|
| 20 | | equipment. Subject to prior approval, such rules shall enable a |
| 21 | | recipient to temporarily acquire and
use alternative or |
| 22 | | substitute devices or equipment pending repairs or
|
| 23 | | replacements of any device or equipment previously authorized |
| 24 | | for such
recipient by the Department.
|
| 25 | | The Department shall execute, relative to the nursing home |
| 26 | | prescreening
project, written inter-agency agreements with the |
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| 1 | | Department of Human
Services and the Department on Aging, to |
| 2 | | effect the following: (i) intake
procedures and common |
| 3 | | eligibility criteria for those persons who are receiving
|
| 4 | | non-institutional services; and (ii) the establishment and |
| 5 | | development of
non-institutional services in areas of the State |
| 6 | | where they are not currently
available or are undeveloped; and |
| 7 | | (iii) notwithstanding any other provision of law, subject to |
| 8 | | federal approval, on and after July 1, 2012, an increase in the |
| 9 | | determination of need (DON) scores from 29 to 37 for applicants |
| 10 | | for institutional and home and community-based long term care; |
| 11 | | if and only if federal approval is not granted, the Department |
| 12 | | may, in conjunction with other affected agencies, implement |
| 13 | | utilization controls or changes in benefit packages to |
| 14 | | effectuate a similar savings amount for this population; and |
| 15 | | (iv) no later than July 1, 2013, minimum level of care |
| 16 | | eligibility criteria for institutional and home and |
| 17 | | community-based long term care; and (v) no later than October |
| 18 | | 1, 2013, establish procedures to permit long term care |
| 19 | | providers access to eligibility scores for individuals with an |
| 20 | | admission date who are seeking or receiving services from the |
| 21 | | long term care provider. In order to select the minimum level |
| 22 | | of care eligibility criteria, the Governor shall establish a |
| 23 | | workgroup that includes affected agency representatives and |
| 24 | | stakeholders representing the institutional and home and |
| 25 | | community-based long term care interests. This Section shall |
| 26 | | not restrict the Department from implementing lower level of |
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| 1 | | care eligibility criteria for community-based services in |
| 2 | | circumstances where federal approval has been granted.
|
| 3 | | The Illinois Department shall develop and operate, in |
| 4 | | cooperation
with other State Departments and agencies and in |
| 5 | | compliance with
applicable federal laws and regulations, |
| 6 | | appropriate and effective
systems of health care evaluation and |
| 7 | | programs for monitoring of
utilization of health care services |
| 8 | | and facilities, as it affects
persons eligible for medical |
| 9 | | assistance under this Code.
|
| 10 | | The Illinois Department shall report annually to the |
| 11 | | General Assembly,
no later than the second Friday in April of |
| 12 | | 1979 and each year
thereafter, in regard to:
|
| 13 | | (a) actual statistics and trends in utilization of |
| 14 | | medical services by
public aid recipients;
|
| 15 | | (b) actual statistics and trends in the provision of |
| 16 | | the various medical
services by medical vendors;
|
| 17 | | (c) current rate structures and proposed changes in |
| 18 | | those rate structures
for the various medical vendors; and
|
| 19 | | (d) efforts at utilization review and control by the |
| 20 | | Illinois Department.
|
| 21 | | The period covered by each report shall be the 3 years |
| 22 | | ending on the June
30 prior to the report. The report shall |
| 23 | | include suggested legislation
for consideration by the General |
| 24 | | Assembly. The filing of one copy of the
report with the |
| 25 | | Speaker, one copy with the Minority Leader and one copy
with |
| 26 | | the Clerk of the House of Representatives, one copy with the |
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| 1 | | President,
one copy with the Minority Leader and one copy with |
| 2 | | the Secretary of the
Senate, one copy with the Legislative |
| 3 | | Research Unit, and such additional
copies
with the State |
| 4 | | Government Report Distribution Center for the General
Assembly |
| 5 | | as is required under paragraph (t) of Section 7 of the State
|
| 6 | | Library Act shall be deemed sufficient to comply with this |
| 7 | | Section.
|
| 8 | | Rulemaking authority to implement Public Act 95-1045, if |
| 9 | | any, is conditioned on the rules being adopted in accordance |
| 10 | | with all provisions of the Illinois Administrative Procedure |
| 11 | | Act and all rules and procedures of the Joint Committee on |
| 12 | | Administrative Rules; any purported rule not so adopted, for |
| 13 | | whatever reason, is unauthorized. |
| 14 | | On and after July 1, 2012, the Department shall reduce any |
| 15 | | rate of reimbursement for services or other payments or alter |
| 16 | | any methodologies authorized by this Code to reduce any rate of |
| 17 | | reimbursement for services or other payments in accordance with |
| 18 | | Section 5-5e. |
| 19 | | (Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689, |
| 20 | | eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section |
| 21 | | 9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff. |
| 22 | | 7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; revised |
| 23 | | 9-19-13.)
|
| 24 | | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
|
| 25 | | Sec. 5-5.2. Payment.
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| 1 | | (a) All nursing facilities that are grouped pursuant to |
| 2 | | Section
5-5.1 of this Act shall receive the same rate of |
| 3 | | payment for similar
services.
|
| 4 | | (b) It shall be a matter of State policy that the Illinois |
| 5 | | Department
shall utilize a uniform billing cycle throughout the |
| 6 | | State for the
long-term care providers.
|
| 7 | | (c) Notwithstanding any other provisions of this Code, the |
| 8 | | methodologies for reimbursement of nursing services as |
| 9 | | provided under this Article shall no longer be applicable for |
| 10 | | bills payable for nursing services rendered on or after a new |
| 11 | | reimbursement system based on the Resource Utilization Groups |
| 12 | | (RUGs) has been fully operationalized, which shall take effect |
| 13 | | for services provided on or after January 1, 2014. |
| 14 | | (d) The new nursing services reimbursement methodology |
| 15 | | utilizing RUG-IV 48 grouper model, which shall be referred to |
| 16 | | as the RUGs reimbursement system, taking effect January 1, |
| 17 | | 2014, shall be based on the following: |
| 18 | | (1) The methodology shall be resident-driven, |
| 19 | | facility-specific, and cost-based. |
| 20 | | (2) Costs shall be annually rebased and case mix index |
| 21 | | quarterly updated. The nursing services methodology will |
| 22 | | be assigned to the Medicaid enrolled residents on record as |
| 23 | | of 30 days prior to the beginning of the rate period in the |
| 24 | | Department's Medicaid Management Information System (MMIS) |
| 25 | | as present on the last day of the second quarter preceding |
| 26 | | the rate period. |
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| 1 | | (3) Regional wage adjustors based on the Health Service |
| 2 | | Areas (HSA) groupings and adjusters in effect on April 30, |
| 3 | | 2012 shall be included. |
| 4 | | (4) Case mix index shall be assigned to each resident |
| 5 | | class based on the Centers for Medicare and Medicaid |
| 6 | | Services staff time measurement study in effect on July 1, |
| 7 | | 2013, utilizing an index maximization approach. |
| 8 | | (5) The pool of funds available for distribution by |
| 9 | | case mix and the base facility rate shall be determined |
| 10 | | using the formula contained in subsection (d-1). |
| 11 | | (d-1) Calculation of base year Statewide RUG-IV nursing |
| 12 | | base per diem rate. |
| 13 | | (1) Base rate spending pool shall be: |
| 14 | | (A) The base year resident days which are |
| 15 | | calculated by multiplying the number of Medicaid |
| 16 | | residents in each nursing home as indicated in the MDS |
| 17 | | data defined in paragraph (4) by 365. |
| 18 | | (B) Each facility's nursing component per diem in |
| 19 | | effect on July 1, 2012 shall be multiplied by |
| 20 | | subsection (A). |
| 21 | | (C) Thirteen million is added to the product of |
| 22 | | subparagraph (A) and subparagraph (B) to adjust for the |
| 23 | | exclusion of nursing homes defined in paragraph (5). |
| 24 | | (2) For each nursing home with Medicaid residents as |
| 25 | | indicated by the MDS data defined in paragraph (4), |
| 26 | | weighted days adjusted for case mix and regional wage |
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| 1 | | adjustment shall be calculated. For each home this |
| 2 | | calculation is the product of: |
| 3 | | (A) Base year resident days as calculated in |
| 4 | | subparagraph (A) of paragraph (1). |
| 5 | | (B) The nursing home's regional wage adjustor |
| 6 | | based on the Health Service Areas (HSA) groupings and |
| 7 | | adjustors in effect on April 30, 2012. |
| 8 | | (C) Facility weighted case mix which is the number |
| 9 | | of Medicaid residents as indicated by the MDS data |
| 10 | | defined in paragraph (4) multiplied by the associated |
| 11 | | case weight for the RUG-IV 48 grouper model using |
| 12 | | standard RUG-IV procedures for index maximization. |
| 13 | | (D) The sum of the products calculated for each |
| 14 | | nursing home in subparagraphs (A) through (C) above |
| 15 | | shall be the base year case mix, rate adjusted weighted |
| 16 | | days. |
| 17 | | (3) The Statewide RUG-IV nursing base per diem rate on |
| 18 | | January 1, 2014 shall be the quotient of the paragraph (1) |
| 19 | | divided by the sum calculated under subparagraph (D) of |
| 20 | | paragraph (2). |
| 21 | | (4) Minimum Data Set (MDS) comprehensive assessments |
| 22 | | for Medicaid residents on the last day of the quarter used |
| 23 | | to establish the base rate. |
| 24 | | (5) Nursing facilities designated as of July 1, 2012 by |
| 25 | | the Department as "Institutions for Mental Disease" shall |
| 26 | | be excluded from all calculations under this subsection. |
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| 1 | | The data from these facilities shall not be used in the |
| 2 | | computations described in paragraphs (1) through (4) above |
| 3 | | to establish the base rate. |
| 4 | | (e) Notwithstanding any other provision of this Code, the |
| 5 | | Department shall by rule develop a reimbursement methodology |
| 6 | | reflective of the intensity of care and services requirements |
| 7 | | of low need residents in the lowest RUG IV groupers and |
| 8 | | corresponding regulations. Only that portion of the RUGs |
| 9 | | Reimbursement System spending pool described in subsection |
| 10 | | (d-1) attributed to the groupers as of July 1, 2013 for which |
| 11 | | the methodology in this Section is developed may be diverted |
| 12 | | for this purpose. The Department shall submit the rules no |
| 13 | | later than January 1, 2014 for an implementation date no later |
| 14 | | than January 1, 2015. If the Department does not implement this |
| 15 | | reimbursement methodology by the required date, the nursing |
| 16 | | component per diem on January 1, 2015 for residents classified |
| 17 | | in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended |
| 18 | | rate of the calculated RUG-IV nursing component per diem and |
| 19 | | the nursing component per diem in effect on July 1, 2012. This |
| 20 | | blended rate shall be applied only to nursing homes whose |
| 21 | | resident population is greater than or equal to 70% of the |
| 22 | | total residents served and whose RUG-IV nursing component per |
| 23 | | diem rate is less than the nursing component per diem in effect |
| 24 | | on July 1, 2012. This blended rate shall be in effect until the |
| 25 | | reimbursement methodology is implemented or until July 1, 2019, |
| 26 | | whichever is sooner. |
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| 1 | | (e-1) Notwithstanding any other provision of this Article, |
| 2 | | rates established pursuant to this subsection shall not apply |
| 3 | | to any and all nursing facilities designated by the Department |
| 4 | | as "Institutions for Mental Disease" and shall be excluded from |
| 5 | | the RUGs Reimbursement System applicable to facilities not |
| 6 | | designated as "Institutions for the Mentally Diseased" by the |
| 7 | | Department. |
| 8 | | (e-2) For dates of services beginning January 1, 2014, the |
| 9 | | RUG-IV nursing component per diem for a nursing home shall be |
| 10 | | the product of the statewide RUG-IV nursing base per diem rate, |
| 11 | | the facility average case mix index, and the regional wage |
| 12 | | adjustor. Transition rates for services provided between |
| 13 | | January 1, 2014 and December 31, 2014 shall be as follows: |
| 14 | | (1) The transition RUG-IV per diem nursing rate for |
| 15 | | nursing homes whose rate calculated in this subsection |
| 16 | | (e-2) is greater than the nursing component rate in effect |
| 17 | | July 1, 2012 shall be paid the sum of: |
| 18 | | (A) The nursing component rate in effect July 1, |
| 19 | | 2012; plus |
| 20 | | (B) The difference of the RUG-IV nursing component |
| 21 | | per diem calculated for the current quarter minus the |
| 22 | | nursing component rate in effect July 1, 2012 |
| 23 | | multiplied by 0.88. |
| 24 | | (2) The transition RUG-IV per diem nursing rate for |
| 25 | | nursing homes whose rate calculated in this subsection |
| 26 | | (e-2) is less than the nursing component rate in effect |
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| 1 | | July 1, 2012 shall be paid the sum of: |
| 2 | | (A) The nursing component rate in effect July 1, |
| 3 | | 2012; plus |
| 4 | | (B) The difference of the RUG-IV nursing component |
| 5 | | per diem calculated for the current quarter minus the |
| 6 | | nursing component rate in effect July 1, 2012 |
| 7 | | multiplied by 0.13. |
| 8 | | (f) Notwithstanding any other provision of this Code, on |
| 9 | | and after July 1, 2012, reimbursement rates associated with the |
| 10 | | nursing or support components of the current nursing facility |
| 11 | | rate methodology shall not increase beyond the level effective |
| 12 | | May 1, 2011 until a new reimbursement system based on the RUGs |
| 13 | | IV 48 grouper model has been fully operationalized. |
| 14 | | (g) Notwithstanding any other provision of this Code, on |
| 15 | | and after July 1, 2012, for facilities not designated by the |
| 16 | | Department of Healthcare and Family Services as "Institutions |
| 17 | | for Mental Disease", rates effective May 1, 2011 shall be |
| 18 | | adjusted as follows: |
| 19 | | (1) Individual nursing rates for residents classified |
| 20 | | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter |
| 21 | | ending March 31, 2012 shall be reduced by 10%; |
| 22 | | (2) Individual nursing rates for residents classified |
| 23 | | in all other RUG IV groups shall be reduced by 1.0%; |
| 24 | | (3) Facility rates for the capital and support |
| 25 | | components shall be reduced by 1.7%. |
| 26 | | (h) Notwithstanding any other provision of this Code, on |
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| 1 | | and after July 1, 2012, nursing facilities designated by the |
| 2 | | Department of Healthcare and Family Services as "Institutions |
| 3 | | for Mental Disease" and "Institutions for Mental Disease" that |
| 4 | | are facilities licensed under the Specialized Mental Health |
| 5 | | Rehabilitation Act of 2013 shall have the nursing, |
| 6 | | socio-developmental, capital, and support components of their |
| 7 | | reimbursement rate effective May 1, 2011 reduced in total by |
| 8 | | 2.7%. |
| 9 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section |
| 10 | | 6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff. |
| 11 | | 7-22-13; revised 9-19-13.)
|
| 12 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
|
| 13 | | Sec. 5-5.4. Standards of Payment - Department of Healthcare |
| 14 | | and Family Services.
The Department of Healthcare and Family |
| 15 | | Services shall develop standards of payment of
nursing facility |
| 16 | | and ICF/DD services in facilities providing such services
under |
| 17 | | this Article which:
|
| 18 | | (1) Provide for the determination of a facility's payment
|
| 19 | | for nursing facility or ICF/DD services on a prospective basis.
|
| 20 | | The amount of the payment rate for all nursing facilities |
| 21 | | certified by the
Department of Public Health under the ID/DD |
| 22 | | Community Care Act or the Nursing Home Care Act as Intermediate
|
| 23 | | Care for the Developmentally Disabled facilities, Long Term |
| 24 | | Care for Under Age
22 facilities, Skilled Nursing facilities, |
| 25 | | or Intermediate Care facilities
under the
medical assistance |
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| 1 | | program shall be prospectively established annually on the
|
| 2 | | basis of historical, financial, and statistical data |
| 3 | | reflecting actual costs
from prior years, which shall be |
| 4 | | applied to the current rate year and updated
for inflation, |
| 5 | | except that the capital cost element for newly constructed
|
| 6 | | facilities shall be based upon projected budgets. The annually |
| 7 | | established
payment rate shall take effect on July 1 in 1984 |
| 8 | | and subsequent years. No rate
increase and no
update for |
| 9 | | inflation shall be provided on or after July 1, 1994, unless |
| 10 | | specifically provided for in this
Section.
The changes made by |
| 11 | | Public Act 93-841
extending the duration of the prohibition |
| 12 | | against a rate increase or update for inflation are effective |
| 13 | | retroactive to July 1, 2004.
|
| 14 | | For facilities licensed by the Department of Public Health |
| 15 | | under the Nursing
Home Care Act as Intermediate Care for the |
| 16 | | Developmentally Disabled facilities
or Long Term Care for Under |
| 17 | | Age 22 facilities, the rates taking effect on July
1, 1998 |
| 18 | | shall include an increase of 3%. For facilities licensed by the
|
| 19 | | Department of Public Health under the Nursing Home Care Act as |
| 20 | | Skilled Nursing
facilities or Intermediate Care facilities, |
| 21 | | the rates taking effect on July 1,
1998 shall include an |
| 22 | | increase of 3% plus $1.10 per resident-day, as defined by
the |
| 23 | | Department. For facilities licensed by the Department of Public |
| 24 | | Health under the Nursing Home Care Act as Intermediate Care |
| 25 | | Facilities for the Developmentally Disabled or Long Term Care |
| 26 | | for Under Age 22 facilities, the rates taking effect on January |
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| 1 | | 1, 2006 shall include an increase of 3%.
For facilities |
| 2 | | licensed by the Department of Public Health under the Nursing |
| 3 | | Home Care Act as Intermediate Care Facilities for the |
| 4 | | Developmentally Disabled or Long Term Care for Under Age 22 |
| 5 | | facilities, the rates taking effect on January 1, 2009 shall |
| 6 | | include an increase sufficient to provide a $0.50 per hour wage |
| 7 | | increase for non-executive staff. |
| 8 | | For facilities licensed by the Department of Public Health |
| 9 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 10 | | Developmentally Disabled
facilities or Long Term Care for Under |
| 11 | | Age 22 facilities, the rates taking
effect on July 1, 1999 |
| 12 | | shall include an increase of 1.6% plus $3.00 per
resident-day, |
| 13 | | as defined by the Department. For facilities licensed by the
|
| 14 | | Department of Public Health under the Nursing Home Care Act as |
| 15 | | Skilled Nursing
facilities or Intermediate Care facilities, |
| 16 | | the rates taking effect on July 1,
1999 shall include an |
| 17 | | increase of 1.6% and, for services provided on or after
October |
| 18 | | 1, 1999, shall be increased by $4.00 per resident-day, as |
| 19 | | defined by
the Department.
|
| 20 | | For facilities licensed by the Department of Public Health |
| 21 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 22 | | Developmentally Disabled
facilities or Long Term Care for Under |
| 23 | | Age 22 facilities, the rates taking
effect on July 1, 2000 |
| 24 | | shall include an increase of 2.5% per resident-day,
as defined |
| 25 | | by the Department. For facilities licensed by the Department of
|
| 26 | | Public Health under the Nursing Home Care Act as Skilled |
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| 1 | | Nursing facilities or
Intermediate Care facilities, the rates |
| 2 | | taking effect on July 1, 2000 shall
include an increase of 2.5% |
| 3 | | per resident-day, as defined by the Department.
|
| 4 | | For facilities licensed by the Department of Public Health |
| 5 | | under the
Nursing Home Care Act as skilled nursing facilities |
| 6 | | or intermediate care
facilities, a new payment methodology must |
| 7 | | be implemented for the nursing
component of the rate effective |
| 8 | | July 1, 2003. The Department of Public Aid
(now Healthcare and |
| 9 | | Family Services) shall develop the new payment methodology |
| 10 | | using the Minimum Data Set
(MDS) as the instrument to collect |
| 11 | | information concerning nursing home
resident condition |
| 12 | | necessary to compute the rate. The Department
shall develop the |
| 13 | | new payment methodology to meet the unique needs of
Illinois |
| 14 | | nursing home residents while remaining subject to the |
| 15 | | appropriations
provided by the General Assembly.
A transition |
| 16 | | period from the payment methodology in effect on June 30, 2003
|
| 17 | | to the payment methodology in effect on July 1, 2003 shall be |
| 18 | | provided for a
period not exceeding 3 years and 184 days after |
| 19 | | implementation of the new payment
methodology as follows:
|
| 20 | | (A) For a facility that would receive a lower
nursing |
| 21 | | component rate per patient day under the new system than |
| 22 | | the facility
received
effective on the date immediately |
| 23 | | preceding the date that the Department
implements the new |
| 24 | | payment methodology, the nursing component rate per |
| 25 | | patient
day for the facility
shall be held at
the level in |
| 26 | | effect on the date immediately preceding the date that the
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| 1 | | Department implements the new payment methodology until a |
| 2 | | higher nursing
component rate of
reimbursement is achieved |
| 3 | | by that
facility.
|
| 4 | | (B) For a facility that would receive a higher nursing |
| 5 | | component rate per
patient day under the payment |
| 6 | | methodology in effect on July 1, 2003 than the
facility |
| 7 | | received effective on the date immediately preceding the |
| 8 | | date that the
Department implements the new payment |
| 9 | | methodology, the nursing component rate
per patient day for |
| 10 | | the facility shall be adjusted.
|
| 11 | | (C) Notwithstanding paragraphs (A) and (B), the |
| 12 | | nursing component rate per
patient day for the facility |
| 13 | | shall be adjusted subject to appropriations
provided by the |
| 14 | | General Assembly.
|
| 15 | | For facilities licensed by the Department of Public Health |
| 16 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 17 | | Developmentally Disabled
facilities or Long Term Care for Under |
| 18 | | Age 22 facilities, the rates taking
effect on March 1, 2001 |
| 19 | | shall include a statewide increase of 7.85%, as
defined by the |
| 20 | | Department.
|
| 21 | | Notwithstanding any other provision of this Section, for |
| 22 | | facilities licensed by the Department of Public Health under |
| 23 | | the
Nursing Home Care Act as skilled nursing facilities or |
| 24 | | intermediate care
facilities, except facilities participating |
| 25 | | in the Department's demonstration program pursuant to the |
| 26 | | provisions of Title 77, Part 300, Subpart T of the Illinois |
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| 1 | | Administrative Code, the numerator of the ratio used by the |
| 2 | | Department of Healthcare and Family Services to compute the |
| 3 | | rate payable under this Section using the Minimum Data Set |
| 4 | | (MDS) methodology shall incorporate the following annual |
| 5 | | amounts as the additional funds appropriated to the Department |
| 6 | | specifically to pay for rates based on the MDS nursing |
| 7 | | component methodology in excess of the funding in effect on |
| 8 | | December 31, 2006: |
| 9 | | (i) For rates taking effect January 1, 2007, |
| 10 | | $60,000,000. |
| 11 | | (ii) For rates taking effect January 1, 2008, |
| 12 | | $110,000,000. |
| 13 | | (iii) For rates taking effect January 1, 2009, |
| 14 | | $194,000,000. |
| 15 | | (iv) For rates taking effect April 1, 2011, or the |
| 16 | | first day of the month that begins at least 45 days after |
| 17 | | the effective date of this amendatory Act of the 96th |
| 18 | | General Assembly, $416,500,000 or an amount as may be |
| 19 | | necessary to complete the transition to the MDS methodology |
| 20 | | for the nursing component of the rate. Increased payments |
| 21 | | under this item (iv) are not due and payable, however, |
| 22 | | until (i) the methodologies described in this paragraph are |
| 23 | | approved by the federal government in an appropriate State |
| 24 | | Plan amendment and (ii) the assessment imposed by Section |
| 25 | | 5B-2 of this Code is determined to be a permissible tax |
| 26 | | under Title XIX of the Social Security Act. |
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| 1 | | Notwithstanding any other provision of this Section, for |
| 2 | | facilities licensed by the Department of Public Health under |
| 3 | | the Nursing Home Care Act as skilled nursing facilities or |
| 4 | | intermediate care facilities, the support component of the |
| 5 | | rates taking effect on January 1, 2008 shall be computed using |
| 6 | | the most recent cost reports on file with the Department of |
| 7 | | Healthcare and Family Services no later than April 1, 2005, |
| 8 | | updated for inflation to January 1, 2006. |
| 9 | | For facilities licensed by the Department of Public Health |
| 10 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 11 | | Developmentally Disabled
facilities or Long Term Care for Under |
| 12 | | Age 22 facilities, the rates taking
effect on April 1, 2002 |
| 13 | | shall include a statewide increase of 2.0%, as
defined by the |
| 14 | | Department.
This increase terminates on July 1, 2002;
beginning |
| 15 | | July 1, 2002 these rates are reduced to the level of the rates
|
| 16 | | in effect on March 31, 2002, as defined by the Department.
|
| 17 | | For facilities licensed by the Department of Public Health |
| 18 | | under the
Nursing Home Care Act as skilled nursing facilities |
| 19 | | or intermediate care
facilities, the rates taking effect on |
| 20 | | July 1, 2001 shall be computed using the most recent cost |
| 21 | | reports
on file with the Department of Public Aid no later than |
| 22 | | April 1, 2000,
updated for inflation to January 1, 2001. For |
| 23 | | rates effective July 1, 2001
only, rates shall be the greater |
| 24 | | of the rate computed for July 1, 2001
or the rate effective on |
| 25 | | June 30, 2001.
|
| 26 | | Notwithstanding any other provision of this Section, for |
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| 1 | | facilities
licensed by the Department of Public Health under |
| 2 | | the Nursing Home Care Act
as skilled nursing facilities or |
| 3 | | intermediate care facilities, the Illinois
Department shall |
| 4 | | determine by rule the rates taking effect on July 1, 2002,
|
| 5 | | which shall be 5.9% less than the rates in effect on June 30, |
| 6 | | 2002.
|
| 7 | | Notwithstanding any other provision of this Section, for |
| 8 | | facilities
licensed by the Department of Public Health under |
| 9 | | the Nursing Home Care Act as
skilled nursing
facilities or |
| 10 | | intermediate care facilities, if the payment methodologies |
| 11 | | required under Section 5A-12 and the waiver granted under 42 |
| 12 | | CFR 433.68 are approved by the United States Centers for |
| 13 | | Medicare and Medicaid Services, the rates taking effect on July |
| 14 | | 1, 2004 shall be 3.0% greater than the rates in effect on June |
| 15 | | 30, 2004. These rates shall take
effect only upon approval and
|
| 16 | | implementation of the payment methodologies required under |
| 17 | | Section 5A-12.
|
| 18 | | Notwithstanding any other provisions of this Section, for |
| 19 | | facilities licensed by the Department of Public Health under |
| 20 | | the Nursing Home Care Act as skilled nursing facilities or |
| 21 | | intermediate care facilities, the rates taking effect on |
| 22 | | January 1, 2005 shall be 3% more than the rates in effect on |
| 23 | | December 31, 2004.
|
| 24 | | Notwithstanding any other provision of this Section, for |
| 25 | | facilities licensed by the Department of Public Health under |
| 26 | | the Nursing Home Care Act as skilled nursing facilities or |
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| 1 | | intermediate care facilities, effective January 1, 2009, the |
| 2 | | per diem support component of the rates effective on January 1, |
| 3 | | 2008, computed using the most recent cost reports on file with |
| 4 | | the Department of Healthcare and Family Services no later than |
| 5 | | April 1, 2005, updated for inflation to January 1, 2006, shall |
| 6 | | be increased to the amount that would have been derived using |
| 7 | | standard Department of Healthcare and Family Services methods, |
| 8 | | procedures, and inflators. |
| 9 | | Notwithstanding any other provisions of this Section, for |
| 10 | | facilities licensed by the Department of Public Health under |
| 11 | | the Nursing Home Care Act as intermediate care facilities that |
| 12 | | are federally defined as Institutions for Mental Disease, or |
| 13 | | facilities licensed by the Department of Public Health under |
| 14 | | the Specialized Mental Health Rehabilitation Act of 2013, a |
| 15 | | socio-development component rate equal to 6.6% of the |
| 16 | | facility's nursing component rate as of January 1, 2006 shall |
| 17 | | be established and paid effective July 1, 2006. The |
| 18 | | socio-development component of the rate shall be increased by a |
| 19 | | factor of 2.53 on the first day of the month that begins at |
| 20 | | least 45 days after January 11, 2008 (the effective date of |
| 21 | | Public Act 95-707). As of August 1, 2008, the socio-development |
| 22 | | component rate shall be equal to 6.6% of the facility's nursing |
| 23 | | component rate as of January 1, 2006, multiplied by a factor of |
| 24 | | 3.53. For services provided on or after April 1, 2011, or the |
| 25 | | first day of the month that begins at least 45 days after the |
| 26 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly, whichever is later, the Illinois Department may by |
| 2 | | rule adjust these socio-development component rates, and may |
| 3 | | use different adjustment methodologies for those facilities |
| 4 | | participating, and those not participating, in the Illinois |
| 5 | | Department's demonstration program pursuant to the provisions |
| 6 | | of Title 77, Part 300, Subpart T of the Illinois Administrative |
| 7 | | Code, but in no case may such rates be diminished below those |
| 8 | | in effect on August 1, 2008.
|
| 9 | | For facilities
licensed
by the
Department of Public Health |
| 10 | | under the Nursing Home Care Act as Intermediate
Care for
the |
| 11 | | Developmentally Disabled facilities or as long-term care |
| 12 | | facilities for
residents under 22 years of age, the rates |
| 13 | | taking effect on July 1,
2003 shall
include a statewide |
| 14 | | increase of 4%, as defined by the Department.
|
| 15 | | For facilities licensed by the Department of Public Health |
| 16 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 17 | | Developmentally Disabled
facilities or Long Term Care for Under |
| 18 | | Age 22 facilities, the rates taking
effect on the first day of |
| 19 | | the month that begins at least 45 days after the effective date |
| 20 | | of this amendatory Act of the 95th General Assembly shall |
| 21 | | include a statewide increase of 2.5%, as
defined by the |
| 22 | | Department. |
| 23 | | Notwithstanding any other provision of this Section, for |
| 24 | | facilities licensed by the Department of Public Health under |
| 25 | | the Nursing Home Care Act as skilled nursing facilities or |
| 26 | | intermediate care facilities, effective January 1, 2005, |
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| 1 | | facility rates shall be increased by the difference between (i) |
| 2 | | a facility's per diem property, liability, and malpractice |
| 3 | | insurance costs as reported in the cost report filed with the |
| 4 | | Department of Public Aid and used to establish rates effective |
| 5 | | July 1, 2001 and (ii) those same costs as reported in the |
| 6 | | facility's 2002 cost report. These costs shall be passed |
| 7 | | through to the facility without caps or limitations, except for |
| 8 | | adjustments required under normal auditing procedures.
|
| 9 | | Rates established effective each July 1 shall govern |
| 10 | | payment
for services rendered throughout that fiscal year, |
| 11 | | except that rates
established on July 1, 1996 shall be |
| 12 | | increased by 6.8% for services
provided on or after January 1, |
| 13 | | 1997. Such rates will be based
upon the rates calculated for |
| 14 | | the year beginning July 1, 1990, and for
subsequent years |
| 15 | | thereafter until June 30, 2001 shall be based on the
facility |
| 16 | | cost reports
for the facility fiscal year ending at any point |
| 17 | | in time during the previous
calendar year, updated to the |
| 18 | | midpoint of the rate year. The cost report
shall be on file |
| 19 | | with the Department no later than April 1 of the current
rate |
| 20 | | year. Should the cost report not be on file by April 1, the |
| 21 | | Department
shall base the rate on the latest cost report filed |
| 22 | | by each skilled care
facility and intermediate care facility, |
| 23 | | updated to the midpoint of the
current rate year. In |
| 24 | | determining rates for services rendered on and after
July 1, |
| 25 | | 1985, fixed time shall not be computed at less than zero. The
|
| 26 | | Department shall not make any alterations of regulations which |
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| 1 | | would reduce
any component of the Medicaid rate to a level |
| 2 | | below what that component would
have been utilizing in the rate |
| 3 | | effective on July 1, 1984.
|
| 4 | | (2) Shall take into account the actual costs incurred by |
| 5 | | facilities
in providing services for recipients of skilled |
| 6 | | nursing and intermediate
care services under the medical |
| 7 | | assistance program.
|
| 8 | | (3) Shall take into account the medical and psycho-social
|
| 9 | | characteristics and needs of the patients.
|
| 10 | | (4) Shall take into account the actual costs incurred by |
| 11 | | facilities in
meeting licensing and certification standards |
| 12 | | imposed and prescribed by the
State of Illinois, any of its |
| 13 | | political subdivisions or municipalities and by
the U.S. |
| 14 | | Department of Health and Human Services pursuant to Title XIX |
| 15 | | of the
Social Security Act.
|
| 16 | | The Department of Healthcare and Family Services
shall |
| 17 | | develop precise standards for
payments to reimburse nursing |
| 18 | | facilities for any utilization of
appropriate rehabilitative |
| 19 | | personnel for the provision of rehabilitative
services which is |
| 20 | | authorized by federal regulations, including
reimbursement for |
| 21 | | services provided by qualified therapists or qualified
|
| 22 | | assistants, and which is in accordance with accepted |
| 23 | | professional
practices. Reimbursement also may be made for |
| 24 | | utilization of other
supportive personnel under appropriate |
| 25 | | supervision.
|
| 26 | | The Department shall develop enhanced payments to offset |
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| 1 | | the additional costs incurred by a
facility serving exceptional |
| 2 | | need residents and shall allocate at least $4,000,000 of the |
| 3 | | funds
collected from the assessment established by Section 5B-2 |
| 4 | | of this Code for such payments. For
the purpose of this |
| 5 | | Section, "exceptional needs" means, but need not be limited to, |
| 6 | | ventilator care and traumatic brain injury care. The enhanced |
| 7 | | payments for exceptional need residents under this paragraph |
| 8 | | are not due and payable, however, until (i) the methodologies |
| 9 | | described in this paragraph are approved by the federal |
| 10 | | government in an appropriate State Plan amendment and (ii) the |
| 11 | | assessment imposed by Section 5B-2 of this Code is determined |
| 12 | | to be a permissible tax under Title XIX of the Social Security |
| 13 | | Act. |
| 14 | | Beginning January 1, 2014 the methodologies for |
| 15 | | reimbursement of nursing facility services as provided under |
| 16 | | this Section 5-5.4 shall no longer be applicable for services |
| 17 | | provided on or after January 1, 2014. |
| 18 | | No payment increase under this Section for the MDS |
| 19 | | methodology, exceptional care residents, or the |
| 20 | | socio-development component rate established by Public Act |
| 21 | | 96-1530 of the 96th General Assembly and funded by the |
| 22 | | assessment imposed under Section 5B-2 of this Code shall be due |
| 23 | | and payable until after the Department notifies the long-term |
| 24 | | care providers, in writing, that the payment methodologies to |
| 25 | | long-term care providers required under this Section have been |
| 26 | | approved by the Centers for Medicare and Medicaid Services of |
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| 1 | | the U.S. Department of Health and Human Services and the |
| 2 | | waivers under 42 CFR 433.68 for the assessment imposed by this |
| 3 | | Section, if necessary, have been granted by the Centers for |
| 4 | | Medicare and Medicaid Services of the U.S. Department of Health |
| 5 | | and Human Services. Upon notification to the Department of |
| 6 | | approval of the payment methodologies required under this |
| 7 | | Section and the waivers granted under 42 CFR 433.68, all |
| 8 | | increased payments otherwise due under this Section prior to |
| 9 | | the date of notification shall be due and payable within 90 |
| 10 | | days of the date federal approval is received. |
| 11 | | On and after July 1, 2012, the Department shall reduce any |
| 12 | | rate of reimbursement for services or other payments or alter |
| 13 | | any methodologies authorized by this Code to reduce any rate of |
| 14 | | reimbursement for services or other payments in accordance with |
| 15 | | Section 5-5e. |
| 16 | | (Source: P.A. 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, |
| 17 | | eff. 1-1-12; 97-584, eff. 8-26-11; 97-689, eff. 6-14-12; |
| 18 | | 97-813, eff. 7-13-12; 98-24, eff. 6-19-13; 98-104, eff. |
| 19 | | 7-22-13; revised 9-19-13.)
|
| 20 | | (305 ILCS 5/5-5f)
|
| 21 | | Sec. 5-5f. Elimination and limitations of medical |
| 22 | | assistance services. Notwithstanding any other provision of |
| 23 | | this Code to the contrary, on and after July 1, 2012: |
| 24 | | (a) The following services shall no longer be a covered |
| 25 | | service available under this Code: group psychotherapy for |
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| 1 | | residents of any facility licensed under the Nursing Home Care |
| 2 | | Act or the Specialized Mental Health Rehabilitation Act of |
| 3 | | 2013; and adult chiropractic services. |
| 4 | | (b) The Department shall place the following limitations on |
| 5 | | services: (i) the Department shall limit adult eyeglasses to |
| 6 | | one pair every 2 years; (ii) the Department shall set an annual |
| 7 | | limit of a maximum of 20 visits for each of the following |
| 8 | | services: adult speech, hearing, and language therapy |
| 9 | | services, adult occupational therapy services, and physical |
| 10 | | therapy services; (iii) the Department shall limit adult |
| 11 | | podiatry services to individuals with diabetes; (iv) the |
| 12 | | Department shall pay for caesarean sections at the normal |
| 13 | | vaginal delivery rate unless a caesarean section was medically |
| 14 | | necessary; (v) the Department shall limit adult dental services |
| 15 | | to emergencies; beginning July 1, 2013, the Department shall |
| 16 | | ensure that the following conditions are recognized as |
| 17 | | emergencies: (A) dental services necessary for an individual in |
| 18 | | order for the individual to be cleared for a medical procedure, |
| 19 | | such as a transplant;
(B) extractions and dentures necessary |
| 20 | | for a diabetic to receive proper nutrition;
(C) extractions and |
| 21 | | dentures necessary as a result of cancer treatment; and (D) |
| 22 | | dental services necessary for the health of a pregnant woman |
| 23 | | prior to delivery of her baby; and (vi) effective July 1, 2012, |
| 24 | | the Department shall place limitations and require concurrent |
| 25 | | review on every inpatient detoxification stay to prevent repeat |
| 26 | | admissions to any hospital for detoxification within 60 days of |
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| 1 | | a previous inpatient detoxification stay. The Department shall |
| 2 | | convene a workgroup of hospitals, substance abuse providers, |
| 3 | | care coordination entities, managed care plans, and other |
| 4 | | stakeholders to develop recommendations for quality standards, |
| 5 | | diversion to other settings, and admission criteria for |
| 6 | | patients who need inpatient detoxification, which shall be |
| 7 | | published on the Department's website no later than September |
| 8 | | 1, 2013. |
| 9 | | (c) The Department shall require prior approval of the |
| 10 | | following services: wheelchair repairs costing more than $400, |
| 11 | | coronary artery bypass graft, and bariatric surgery consistent |
| 12 | | with Medicare standards concerning patient responsibility. |
| 13 | | Wheelchair repair prior approval requests shall be adjudicated |
| 14 | | within one business day of receipt of complete supporting |
| 15 | | documentation. Providers may not break wheelchair repairs into |
| 16 | | separate claims for purposes of staying under the $400 |
| 17 | | threshold for requiring prior approval. The wholesale price of |
| 18 | | manual and power wheelchairs, durable medical equipment and |
| 19 | | supplies, and complex rehabilitation technology products and |
| 20 | | services shall be defined as actual acquisition cost including |
| 21 | | all discounts. |
| 22 | | (d) The Department shall establish benchmarks for |
| 23 | | hospitals to measure and align payments to reduce potentially |
| 24 | | preventable hospital readmissions, inpatient complications, |
| 25 | | and unnecessary emergency room visits. In doing so, the |
| 26 | | Department shall consider items, including, but not limited to, |
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| 1 | | historic and current acuity of care and historic and current |
| 2 | | trends in readmission. The Department shall publish |
| 3 | | provider-specific historical readmission data and anticipated |
| 4 | | potentially preventable targets 60 days prior to the start of |
| 5 | | the program. In the instance of readmissions, the Department |
| 6 | | shall adopt policies and rates of reimbursement for services |
| 7 | | and other payments provided under this Code to ensure that, by |
| 8 | | June 30, 2013, expenditures to hospitals are reduced by, at a |
| 9 | | minimum, $40,000,000. |
| 10 | | (e) The Department shall establish utilization controls |
| 11 | | for the hospice program such that it shall not pay for other |
| 12 | | care services when an individual is in hospice. |
| 13 | | (f) For home health services, the Department shall require |
| 14 | | Medicare certification of providers participating in the |
| 15 | | program and implement the Medicare face-to-face encounter |
| 16 | | rule. The Department shall require providers to implement |
| 17 | | auditable electronic service verification based on global |
| 18 | | positioning systems or other cost-effective technology. |
| 19 | | (g) For the Home Services Program operated by the |
| 20 | | Department of Human Services and the Community Care Program |
| 21 | | operated by the Department on Aging, the Department of Human |
| 22 | | Services, in cooperation with the Department on Aging, shall |
| 23 | | implement an electronic service verification based on global |
| 24 | | positioning systems or other cost-effective technology. |
| 25 | | (h) Effective with inpatient hospital admissions on or |
| 26 | | after July 1, 2012, the Department shall reduce the payment for |
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| 1 | | a claim that indicates the occurrence of a provider-preventable |
| 2 | | condition during the admission as specified by the Department |
| 3 | | in rules. The Department shall not pay for services related to |
| 4 | | an other provider-preventable condition. |
| 5 | | As used in this subsection (h): |
| 6 | | "Provider-preventable condition" means a health care |
| 7 | | acquired condition as defined under the federal Medicaid |
| 8 | | regulation found at 42 CFR 447.26 or an other |
| 9 | | provider-preventable condition. |
| 10 | | "Other provider-preventable condition" means a wrong |
| 11 | | surgical or other invasive procedure performed on a patient, a |
| 12 | | surgical or other invasive procedure performed on the wrong |
| 13 | | body part, or a surgical procedure or other invasive procedure |
| 14 | | performed on the wrong patient. |
| 15 | | (i) The Department shall implement cost savings |
| 16 | | initiatives for advanced imaging services, cardiac imaging |
| 17 | | services, pain management services, and back surgery. Such |
| 18 | | initiatives shall be designed to achieve annual costs savings.
|
| 19 | | (j) The Department shall ensure that beneficiaries with a |
| 20 | | diagnosis of epilepsy or seizure disorder in Department records |
| 21 | | will not require prior approval for anticonvulsants. |
| 22 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section |
| 23 | | 6-240, eff. 7-22-13; 98-104, Article 9, Section 9-5, eff. |
| 24 | | 7-22-13; revised 9-19-13.)
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| 25 | | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) |
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| 1 | | Sec. 5A-5. Notice; penalty; maintenance of records.
|
| 2 | | (a)
The Illinois Department shall send a
notice of |
| 3 | | assessment to every hospital provider subject
to assessment |
| 4 | | under this Article. The notice of assessment shall notify the |
| 5 | | hospital of its assessment and shall be sent after receipt by |
| 6 | | the Department of notification from the Centers for Medicare |
| 7 | | and Medicaid Services of the U.S. Department of Health and |
| 8 | | Human Services that the payment methodologies required under |
| 9 | | this Article and, if necessary, the waiver granted under 42 CFR |
| 10 | | 433.68 have been approved. The notice
shall be on a form
|
| 11 | | prepared by the Illinois Department and shall state the |
| 12 | | following:
|
| 13 | | (1) The name of the hospital provider.
|
| 14 | | (2) The address of the hospital provider's principal |
| 15 | | place
of business from which the provider engages in the |
| 16 | | occupation of hospital
provider in this State, and the name |
| 17 | | and address of each hospital
operated, conducted, or |
| 18 | | maintained by the provider in this State.
|
| 19 | | (3) The occupied bed days, occupied bed days less |
| 20 | | Medicare days, adjusted gross hospital revenue, or |
| 21 | | outpatient gross revenue of the
hospital
provider |
| 22 | | (whichever is applicable), the amount of
assessment |
| 23 | | imposed under Section 5A-2 for the State fiscal year
for |
| 24 | | which the notice is sent, and the amount of
each
|
| 25 | | installment to be paid during the State fiscal year.
|
| 26 | | (4) (Blank).
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| 1 | | (5) Other reasonable information as determined by the |
| 2 | | Illinois
Department.
|
| 3 | | (b) If a hospital provider conducts, operates, or
maintains |
| 4 | | more than one hospital licensed by the Illinois
Department of |
| 5 | | Public Health, the provider shall pay the
assessment for each |
| 6 | | hospital separately.
|
| 7 | | (c) Notwithstanding any other provision in this Article, in
|
| 8 | | the case of a person who ceases to conduct, operate, or |
| 9 | | maintain a
hospital in respect of which the person is subject |
| 10 | | to assessment
under this Article as a hospital provider, the |
| 11 | | assessment for the State
fiscal year in which the cessation |
| 12 | | occurs shall be adjusted by
multiplying the assessment computed |
| 13 | | under Section 5A-2 by a
fraction, the numerator of which is the |
| 14 | | number of days in the
year during which the provider conducts, |
| 15 | | operates, or maintains
the hospital and the denominator of |
| 16 | | which is 365. Immediately
upon ceasing to conduct, operate, or |
| 17 | | maintain a hospital, the person
shall pay the assessment
for |
| 18 | | the year as so adjusted (to the extent not previously paid).
|
| 19 | | (d) Notwithstanding any other provision in this Article, a
|
| 20 | | provider who commences conducting, operating, or maintaining a
|
| 21 | | hospital, upon notice by the Illinois Department,
shall pay the |
| 22 | | assessment computed under Section 5A-2 and
subsection (e) in |
| 23 | | installments on the due dates stated in the
notice and on the |
| 24 | | regular installment due dates for the State
fiscal year |
| 25 | | occurring after the due dates of the initial
notice.
|
| 26 | | (e)
Notwithstanding any other provision in this Article, |
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| 1 | | for State fiscal years 2009 through 2015 2014, in the case of a |
| 2 | | hospital provider that did not conduct, operate, or maintain a |
| 3 | | hospital in 2005, the assessment for that State fiscal year |
| 4 | | shall be computed on the basis of hypothetical occupied bed |
| 5 | | days for the full calendar year as determined by the Illinois |
| 6 | | Department. Notwithstanding any other provision in this |
| 7 | | Article, for the portion of State fiscal year 2012 beginning |
| 8 | | June 10, 2012 through June 30, 2012, and for State fiscal years |
| 9 | | 2013 through 2014, and for July 1, 2014 through December 31, |
| 10 | | 2014, in the case of a hospital provider that did not conduct, |
| 11 | | operate, or maintain a hospital in 2009, the assessment under |
| 12 | | subsection (b-5) of Section 5A-2 for that State fiscal year |
| 13 | | shall be computed on the basis of hypothetical gross outpatient |
| 14 | | revenue for the full calendar year as determined by the |
| 15 | | Illinois Department.
|
| 16 | | (f) Every hospital provider subject to assessment under |
| 17 | | this Article shall keep sufficient records to permit the |
| 18 | | determination of adjusted gross hospital revenue for the |
| 19 | | hospital's fiscal year. All such records shall be kept in the |
| 20 | | English language and shall, at all times during regular |
| 21 | | business hours of the day, be subject to inspection by the |
| 22 | | Illinois Department or its duly authorized agents and |
| 23 | | employees.
|
| 24 | | (g) The Illinois Department may, by rule, provide a |
| 25 | | hospital provider a reasonable opportunity to request a |
| 26 | | clarification or correction of any clerical or computational |
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| 1 | | errors contained in the calculation of its assessment, but such |
| 2 | | corrections shall not extend to updating the cost report |
| 3 | | information used to calculate the assessment.
|
| 4 | | (h) (Blank).
|
| 5 | | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; |
| 6 | | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
|
| 7 | | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
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| 8 | | Sec. 5A-8. Hospital Provider Fund.
|
| 9 | | (a) There is created in the State Treasury the Hospital |
| 10 | | Provider Fund.
Interest earned by the Fund shall be credited to |
| 11 | | the Fund. The
Fund shall not be used to replace any moneys |
| 12 | | appropriated to the
Medicaid program by the General Assembly.
|
| 13 | | (b) The Fund is created for the purpose of receiving moneys
|
| 14 | | in accordance with Section 5A-6 and disbursing moneys only for |
| 15 | | the following
purposes, notwithstanding any other provision of |
| 16 | | law:
|
| 17 | | (1) For making payments to hospitals as required under |
| 18 | | this Code, under the Children's Health Insurance Program |
| 19 | | Act, under the Covering ALL KIDS Health Insurance Act, and |
| 20 | | under the Long Term Acute Care Hospital Quality Improvement |
| 21 | | Transfer Program Act.
|
| 22 | | (2) For the reimbursement of moneys collected by the
|
| 23 | | Illinois Department from hospitals or hospital providers |
| 24 | | through error or
mistake in performing the
activities |
| 25 | | authorized under this Code.
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| 1 | | (3) For payment of administrative expenses incurred by |
| 2 | | the
Illinois Department or its agent in performing |
| 3 | | activities
under this Code, under the Children's Health |
| 4 | | Insurance Program Act, under the Covering ALL KIDS Health |
| 5 | | Insurance Act, and under the Long Term Acute Care Hospital |
| 6 | | Quality Improvement Transfer Program Act.
|
| 7 | | (4) For payments of any amounts which are reimbursable |
| 8 | | to
the federal government for payments from this Fund which |
| 9 | | are
required to be paid by State warrant.
|
| 10 | | (5) For making transfers, as those transfers are |
| 11 | | authorized
in the proceedings authorizing debt under the |
| 12 | | Short Term Borrowing Act,
but transfers made under this |
| 13 | | paragraph (5) shall not exceed the
principal amount of debt |
| 14 | | issued in anticipation of the receipt by
the State of |
| 15 | | moneys to be deposited into the Fund.
|
| 16 | | (6) For making transfers to any other fund in the State |
| 17 | | treasury, but
transfers made under this paragraph (6) shall |
| 18 | | not exceed the amount transferred
previously from that |
| 19 | | other fund into the Hospital Provider Fund plus any |
| 20 | | interest that would have been earned by that fund on the |
| 21 | | monies that had been transferred.
|
| 22 | | (6.5) For making transfers to the Healthcare Provider |
| 23 | | Relief Fund, except that transfers made under this |
| 24 | | paragraph (6.5) shall not exceed $60,000,000 in the |
| 25 | | aggregate. |
| 26 | | (7) For making transfers not exceeding the following |
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| 1 | | amounts, in State fiscal years 2013 and 2014 in each State |
| 2 | | fiscal year during which an assessment is imposed pursuant |
| 3 | | to Section 5A-2, to the following designated funds: |
| 4 | | Health and Human Services Medicaid Trust |
| 5 | | Fund..............................$20,000,000 |
| 6 | | Long-Term Care Provider Fund..........$30,000,000 |
| 7 | | General Revenue Fund.................$80,000,000. |
| 8 | | Transfers under this paragraph shall be made within 7 days |
| 9 | | after the payments have been received pursuant to the |
| 10 | | schedule of payments provided in subsection (a) of Section |
| 11 | | 5A-4. |
| 12 | | (7.1) For making transfers not exceeding the following |
| 13 | | amounts, in State fiscal year 2015, to the following |
| 14 | | designated funds: |
| 15 | | Health and Human Services Medicaid Trust |
| 16 | | Fund..............................$10,000,000 |
| 17 | | Long-Term Care Provider Fund..........$15,000,000 |
| 18 | | General Revenue Fund.................$40,000,000. |
| 19 | | Transfers under this paragraph shall be made within 7 days |
| 20 | | after the payments have been received pursuant to the |
| 21 | | schedule of payments provided in subsection (a) of Section |
| 22 | | 5A-4.
|
| 23 | | (7.5) (Blank). |
| 24 | | (7.8) (Blank). |
| 25 | | (7.9) (Blank). |
| 26 | | (7.10) For State fiscal years 2013 and 2014, for making |
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| 1 | | transfers of the moneys resulting from the assessment under |
| 2 | | subsection (b-5) of Section 5A-2 and received from hospital |
| 3 | | providers under Section 5A-4 and transferred into the |
| 4 | | Hospital Provider Fund under Section 5A-6 to the designated |
| 5 | | funds not exceeding the following amounts in that State |
| 6 | | fiscal year: |
| 7 | | Health Care Provider Relief Fund......$50,000,000 |
| 8 | | Transfers under this paragraph shall be made within 7 |
| 9 | | days after the payments have been received pursuant to the |
| 10 | | schedule of payments provided in subsection (a) of Section |
| 11 | | 5A-4. |
| 12 | | (7.11) For State fiscal year 2015, for making transfers |
| 13 | | of the moneys resulting from the assessment under |
| 14 | | subsection (b-5) of Section 5A-2 and received from hospital |
| 15 | | providers under Section 5A-4 and transferred into the |
| 16 | | Hospital Provider Fund under Section 5A-6 to the designated |
| 17 | | funds not exceeding the following amounts in that State |
| 18 | | fiscal year: |
| 19 | | Health Care Provider Relief Fund.....$25,000,000 |
| 20 | | Transfers under this paragraph shall be made within 7 |
| 21 | | days after the payments have been received pursuant to the |
| 22 | | schedule of payments provided in subsection (a) of Section |
| 23 | | 5A-4. |
| 24 | | (7.12) For State fiscal year 2013, for increasing by |
| 25 | | 21/365ths the transfer of the moneys resulting from the |
| 26 | | assessment under subsection (b-5) of Section 5A-2 and |
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| 1 | | received from hospital providers under Section 5A-4 for the |
| 2 | | portion of State fiscal year 2012 beginning June 10, 2012 |
| 3 | | through June 30, 2012 and transferred into the Hospital |
| 4 | | Provider Fund under Section 5A-6 to the designated funds |
| 5 | | not exceeding the following amounts in that State fiscal |
| 6 | | year: |
| 7 | | Health Care Provider Relief Fund......$2,870,000 |
| 8 | | (8) For making refunds to hospital providers pursuant |
| 9 | | to Section 5A-10.
|
| 10 | | Disbursements from the Fund, other than transfers |
| 11 | | authorized under
paragraphs (5) and (6) of this subsection, |
| 12 | | shall be by
warrants drawn by the State Comptroller upon |
| 13 | | receipt of vouchers
duly executed and certified by the Illinois |
| 14 | | Department.
|
| 15 | | (c) The Fund shall consist of the following:
|
| 16 | | (1) All moneys collected or received by the Illinois
|
| 17 | | Department from the hospital provider assessment imposed |
| 18 | | by this
Article.
|
| 19 | | (2) All federal matching funds received by the Illinois
|
| 20 | | Department as a result of expenditures made by the Illinois
|
| 21 | | Department that are attributable to moneys deposited in the |
| 22 | | Fund.
|
| 23 | | (3) Any interest or penalty levied in conjunction with |
| 24 | | the
administration of this Article.
|
| 25 | | (4) Moneys transferred from another fund in the State |
| 26 | | treasury.
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| 1 | | (5) All other moneys received for the Fund from any |
| 2 | | other
source, including interest earned thereon.
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| 3 | | (d) (Blank).
|
| 4 | | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; |
| 5 | | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
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| 6 | | (305 ILCS 5/5A-12.4) |
| 7 | | (Section scheduled to be repealed on January 1, 2015) |
| 8 | | Sec. 5A-12.4. Hospital access improvement payments on or |
| 9 | | after June 10, 2012. |
| 10 | | (a) Hospital access improvement payments. To preserve and |
| 11 | | improve access to hospital services, for hospital and physician |
| 12 | | services rendered on or after June 10, 2012, the Illinois |
| 13 | | Department shall, except for hospitals described in subsection |
| 14 | | (b) of Section 5A-3, make payments to hospitals as set forth in |
| 15 | | this Section. These payments shall be paid in 12 equal |
| 16 | | installments on or before the 7th State business day of each |
| 17 | | month, except that no payment shall be due within 100 days |
| 18 | | after the later of the date of notification of federal approval |
| 19 | | of the payment methodologies required under this Section or any |
| 20 | | waiver required under 42 CFR 433.68, at which time the sum of |
| 21 | | amounts required under this Section prior to the date of |
| 22 | | notification is due and payable. Payments under this Section |
| 23 | | are not due and payable, however, until (i) the methodologies |
| 24 | | described in this Section are approved by the federal |
| 25 | | government in an appropriate State Plan amendment and (ii) the |
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| 1 | | assessment imposed under subsection (b-5) of Section 5A-2 of |
| 2 | | this Article is determined to be a permissible tax under Title |
| 3 | | XIX of the Social Security Act. The Illinois Department shall |
| 4 | | take all actions necessary to implement the payments under this |
| 5 | | Section effective June 10, 2012, including but not limited to |
| 6 | | providing public notice pursuant to federal requirements, the |
| 7 | | filing of a State Plan amendment, and the adoption of |
| 8 | | administrative rules. For State fiscal year 2013, payments |
| 9 | | under this Section shall be increased by 21/365ths. The funding |
| 10 | | source for these additional payments shall be from the |
| 11 | | increased assessment under subsection (b-5) of Section 5A-2 |
| 12 | | that was received from hospital providers under Section 5A-4 |
| 13 | | for the portion of State fiscal year 2012 beginning June 10, |
| 14 | | 2012 through June 30, 2012. |
| 15 | | (a-5) Accelerated schedule. The Illinois Department may, |
| 16 | | when practicable, accelerate the schedule upon which payments |
| 17 | | authorized under this Section are made. |
| 18 | | (b) Magnet and perinatal hospital adjustment. In addition |
| 19 | | to rates paid for inpatient hospital services, the Department |
| 20 | | shall pay to each Illinois general acute care hospital that, as |
| 21 | | of August 25, 2011, was recognized as a Magnet hospital by the |
| 22 | | American Nurses Credentialing Center and that, as of September |
| 23 | | 14, 2011, was designated as a level III perinatal center |
| 24 | | amounts as follows: |
| 25 | | (1) For hospitals with a case mix index equal to or |
| 26 | | greater than the 80th percentile of case mix indices for |
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| 1 | | all Illinois hospitals, $470 for each Medicaid general |
| 2 | | acute care inpatient day of care provided by the hospital |
| 3 | | during State fiscal year 2009. |
| 4 | | (2) For all other hospitals, $170 for each Medicaid |
| 5 | | general acute care inpatient day of care provided by the |
| 6 | | hospital during State fiscal year 2009. |
| 7 | | (c) Trauma level II adjustment. In addition to rates paid |
| 8 | | for inpatient hospital services, the Department shall pay to |
| 9 | | each Illinois general acute care hospital that, as of July 1, |
| 10 | | 2011, was designated as a level II trauma center amounts as |
| 11 | | follows: |
| 12 | | (1) For hospitals with a case mix index equal to or |
| 13 | | greater than the 50th percentile of case mix indices for |
| 14 | | all Illinois hospitals, $470 for each Medicaid general |
| 15 | | acute care inpatient day of care provided by the hospital |
| 16 | | during State fiscal year 2009. |
| 17 | | (2) For all other hospitals, $170 for each Medicaid |
| 18 | | general acute care inpatient day of care provided by the |
| 19 | | hospital during State fiscal year 2009. |
| 20 | | (3) For the purposes of this adjustment, hospitals |
| 21 | | located in the same city that alternate their trauma center |
| 22 | | designation as defined in 89 Ill. Adm. Code 148.295(a)(2) |
| 23 | | shall have the adjustment provided under this Section |
| 24 | | divided between the 2 hospitals. |
| 25 | | (d) Dual-eligible adjustment. In addition to rates paid for |
| 26 | | inpatient services, the Department shall pay each Illinois |
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| 1 | | general acute care hospital that had a ratio of crossover days |
| 2 | | to total inpatient days for programs under Title XIX of the |
| 3 | | Social Security Act administered by the Department (utilizing |
| 4 | | information from 2009 paid claims) greater than 50%, and a case |
| 5 | | mix index equal to or greater than the 75th percentile of case |
| 6 | | mix indices for all Illinois hospitals, a rate of $400 for each |
| 7 | | Medicaid inpatient day during State fiscal year 2009 including |
| 8 | | crossover days. |
| 9 | | (e) Medicaid volume adjustment. In addition to rates paid |
| 10 | | for inpatient hospital services, the Department shall pay to |
| 11 | | each Illinois general acute care hospital that provided more |
| 12 | | than 10,000 Medicaid inpatient days of care in State fiscal |
| 13 | | year 2009, has a Medicaid inpatient utilization rate of at |
| 14 | | least 29.05% as calculated by the Department for the Rate Year |
| 15 | | 2011 Disproportionate Share determination, and is not eligible |
| 16 | | for Medicaid Percentage Adjustment payments in rate year 2011 |
| 17 | | an amount equal to $135 for each Medicaid inpatient day of care |
| 18 | | provided during State fiscal year 2009. |
| 19 | | (f) Outpatient service adjustment. In addition to the rates |
| 20 | | paid for outpatient hospital services, the Department shall pay |
| 21 | | each Illinois hospital an amount at least equal to $100 |
| 22 | | multiplied by the hospital's outpatient ambulatory procedure |
| 23 | | listing services (excluding categories 3B and 3C) and by the |
| 24 | | hospital's end stage renal disease treatment services provided |
| 25 | | for State fiscal year 2009. |
| 26 | | (g) Ambulatory service adjustment. |
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| 1 | | (1) In addition to the rates paid for outpatient |
| 2 | | hospital services provided in the emergency department, |
| 3 | | the Department shall pay each Illinois hospital an amount |
| 4 | | equal to $105 multiplied by the hospital's outpatient |
| 5 | | ambulatory procedure listing services for categories 3A, |
| 6 | | 3B, and 3C for State fiscal year 2009. |
| 7 | | (2) In addition to the rates paid for outpatient |
| 8 | | hospital services, the Department shall pay each Illinois |
| 9 | | freestanding psychiatric hospital an amount equal to $200 |
| 10 | | multiplied by the hospital's ambulatory procedure listing |
| 11 | | services for category 5A for State fiscal year 2009. |
| 12 | | (h) Specialty hospital adjustment. In addition to the rates |
| 13 | | paid for outpatient hospital services, the Department shall pay |
| 14 | | each Illinois long term acute care hospital and each Illinois |
| 15 | | hospital devoted exclusively to the treatment of cancer, an |
| 16 | | amount equal to $700 multiplied by the hospital's outpatient |
| 17 | | ambulatory procedure listing services and by the hospital's end |
| 18 | | stage renal disease treatment services (including services |
| 19 | | provided to individuals eligible for both Medicaid and |
| 20 | | Medicare) provided for State fiscal year 2009. |
| 21 | | (h-1) ER Safety Net Payments. In addition to rates paid for |
| 22 | | outpatient services, the Department shall pay to each Illinois |
| 23 | | general acute care hospital with an emergency room ratio equal |
| 24 | | to or greater than 55%, that is not eligible for Medicaid |
| 25 | | percentage adjustments payments in rate year 2011, with a case |
| 26 | | mix index equal to or greater than the 20th percentile, and |
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| 1 | | that is not designated as a trauma center by the Illinois |
| 2 | | Department of Public Health on July 1, 2011, as follows: |
| 3 | | (1) Each hospital with an emergency room ratio equal to |
| 4 | | or greater than 74% shall receive a rate of $225 for each |
| 5 | | outpatient ambulatory procedure listing and end-stage |
| 6 | | renal disease treatment service provided for State fiscal |
| 7 | | year 2009. |
| 8 | | (2) For all other hospitals, $65 shall be paid for each |
| 9 | | outpatient ambulatory procedure listing and end-stage |
| 10 | | renal disease treatment service provided for State fiscal |
| 11 | | year 2009. |
| 12 | | (i) Physician supplemental adjustment. In addition to the |
| 13 | | rates paid for physician services, the Department shall make an |
| 14 | | adjustment payment for services provided by physicians as |
| 15 | | follows: |
| 16 | | (1) Physician services eligible for the adjustment |
| 17 | | payment are those provided by physicians employed by or who |
| 18 | | have a contract to provide services to patients of the |
| 19 | | following hospitals: (i) Illinois general acute care |
| 20 | | hospitals that provided at least 17,000 Medicaid inpatient |
| 21 | | days of care in State fiscal year 2009 and are eligible for |
| 22 | | Medicaid Percentage Adjustment Payments in rate year 2011; |
| 23 | | and (ii) Illinois freestanding children's hospitals, as |
| 24 | | defined in 89 Ill. Adm. Code 149.50(c)(3)(A). |
| 25 | | (2) The amount of the adjustment for each eligible |
| 26 | | hospital under this subsection (i) shall be determined by |
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| 1 | | rule by the Department to spend a total pool of at least |
| 2 | | $6,960,000 annually. This pool shall be allocated among the |
| 3 | | eligible hospitals based on the difference between the |
| 4 | | upper payment limit for what could have been paid under |
| 5 | | Medicaid for physician services provided during State |
| 6 | | fiscal year 2009 by physicians employed by or who had a |
| 7 | | contract with the hospital and the amount that was paid |
| 8 | | under Medicaid for such services, provided however, that in |
| 9 | | no event shall physicians at any individual hospital |
| 10 | | collectively receive an annual, aggregate adjustment in |
| 11 | | excess of $435,000, except that any amount that is not |
| 12 | | distributed to a hospital because of the upper payment |
| 13 | | limit shall be reallocated among the remaining eligible |
| 14 | | hospitals that are below the upper payment limitation, on a |
| 15 | | proportionate basis. |
| 16 | | (i-5) For any children's hospital which did not charge for |
| 17 | | its services during the base period, the Department shall use |
| 18 | | data supplied by the hospital to determine payments using |
| 19 | | similar methodologies for freestanding children's hospitals |
| 20 | | under this Section or Section 5A-12.2. |
| 21 | | (j) For purposes of this Section, a hospital that is |
| 22 | | enrolled to provide Medicaid services during State fiscal year |
| 23 | | 2009 shall have its utilization and associated reimbursements |
| 24 | | annualized prior to the payment calculations being performed |
| 25 | | under this Section. |
| 26 | | (k) For purposes of this Section, the terms "Medicaid |
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| 1 | | days", "ambulatory procedure listing services", and |
| 2 | | "ambulatory procedure listing payments" do not include any |
| 3 | | days, charges, or services for which Medicare or a managed care |
| 4 | | organization reimbursed on a capitated basis was liable for |
| 5 | | payment, except where explicitly stated otherwise in this |
| 6 | | Section. |
| 7 | | (l) Definitions. Unless the context requires otherwise or |
| 8 | | unless provided otherwise in this Section, the terms used in |
| 9 | | this Section for qualifying criteria and payment calculations |
| 10 | | shall have the same meanings as those terms have been given in |
| 11 | | the Illinois Department's administrative rules as in effect on |
| 12 | | October 1, 2011. Other terms shall be defined by the Illinois |
| 13 | | Department by rule. |
| 14 | | As used in this Section, unless the context requires |
| 15 | | otherwise: |
| 16 | | "Case mix index" means, for a given hospital, the sum of
|
| 17 | | the per admission (DRG) relative weighting factors in effect on |
| 18 | | January 1, 2005, for all general acute care admissions for |
| 19 | | State fiscal year 2009, excluding Medicare crossover |
| 20 | | admissions and transplant admissions reimbursed under 89 Ill. |
| 21 | | Adm. Code 148.82, divided by the total number of general acute |
| 22 | | care admissions for State fiscal year 2009, excluding Medicare |
| 23 | | crossover admissions and transplant admissions reimbursed |
| 24 | | under 89 Ill. Adm. Code 148.82. |
| 25 | | "Emergency room ratio" means, for a given hospital, a |
| 26 | | fraction, the denominator of which is the number of the |
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| 1 | | hospital's outpatient ambulatory procedure listing and |
| 2 | | end-stage renal disease treatment services provided for State |
| 3 | | fiscal year 2009 and the numerator of which is the hospital's |
| 4 | | outpatient ambulatory procedure listing services for |
| 5 | | categories 3A, 3B, and 3C for State fiscal year 2009. |
| 6 | | "Medicaid inpatient day" means, for a given hospital, the
|
| 7 | | sum of days of inpatient hospital days provided to recipients |
| 8 | | of medical assistance under Title XIX of the federal Social |
| 9 | | Security Act, excluding days for individuals eligible for |
| 10 | | Medicare under Title XVIII of that Act (Medicaid/Medicare |
| 11 | | crossover days), as tabulated from the Department's paid claims |
| 12 | | data for admissions occurring during State fiscal year 2009 |
| 13 | | that was adjudicated by the Department through June 30, 2010. |
| 14 | | "Outpatient ambulatory procedure listing services" means, |
| 15 | | for a given hospital, ambulatory procedure listing services, as |
| 16 | | described in 89 Ill. Adm. Code 148.140(b), provided to |
| 17 | | recipients of medical assistance under Title XIX of the federal |
| 18 | | Social Security Act, excluding services for individuals |
| 19 | | eligible for Medicare under Title XVIII of the Act |
| 20 | | (Medicaid/Medicare crossover days), as tabulated from the |
| 21 | | Department's paid claims data for services occurring in State |
| 22 | | fiscal year 2009 that were adjudicated by the Department |
| 23 | | through September 2, 2010. |
| 24 | | "Outpatient end-stage renal disease treatment services" |
| 25 | | means, for a given hospital, the services, as described in 89 |
| 26 | | Ill. Adm. Code 148.140(c), provided to recipients of medical |
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| 1 | | assistance under Title XIX of the federal Social Security Act, |
| 2 | | excluding payments for individuals eligible for Medicare under |
| 3 | | Title XVIII of the Act (Medicaid/Medicare crossover days), as |
| 4 | | tabulated from the Department's paid claims data for services |
| 5 | | occurring in State fiscal year 2009 that were adjudicated by |
| 6 | | the Department through September 2, 2010. |
| 7 | | (m) The Department may adjust payments made under this |
| 8 | | Section 5A-12.4 to comply with federal law or regulations |
| 9 | | regarding hospital-specific payment limitations on |
| 10 | | government-owned or government-operated hospitals. |
| 11 | | (n) Notwithstanding any of the other provisions of this |
| 12 | | Section, the Department is authorized to adopt rules that |
| 13 | | change the hospital access improvement payments specified in |
| 14 | | this Section, but only to the extent necessary to conform to |
| 15 | | any federally approved amendment to the Title XIX State plan. |
| 16 | | Any such rules shall be adopted by the Department as authorized |
| 17 | | by Section 5-50 of the Illinois Administrative Procedure Act. |
| 18 | | Notwithstanding any other provision of law, any changes |
| 19 | | implemented as a result of this subsection (n) shall be given |
| 20 | | retroactive effect so that they shall be deemed to have taken |
| 21 | | effect as of the effective date of this Section. |
| 22 | | (o) The Department of Healthcare and Family Services must |
| 23 | | submit a State Medicaid Plan Amendment to the Centers for |
| 24 | | Medicare and Medicaid Services to implement the payments under |
| 25 | | this Section June 14, 2012 (Public Act 97-688).
|
| 26 | | (Source: P.A. 97-688, eff. 6-14-12; 98-104, eff. 7-22-13; |
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| 1 | | 98-463, eff. 8-16-13; revised 10-21-13.)
|
| 2 | | (305 ILCS 5/11-5.2) |
| 3 | | Sec. 11-5.2. Income, Residency, and Identity Verification |
| 4 | | System. |
| 5 | | (a) The Department shall ensure that its proposed |
| 6 | | integrated eligibility system shall include the computerized |
| 7 | | functions of income, residency, and identity eligibility |
| 8 | | verification to verify eligibility, eliminate duplication of |
| 9 | | medical assistance, and deter fraud. Until the integrated |
| 10 | | eligibility system is operational, the Department may enter |
| 11 | | into a contract with the vendor selected pursuant to Section |
| 12 | | 11-5.3 as necessary to obtain the electronic data matching |
| 13 | | described in this Section. This contract shall be exempt from |
| 14 | | the Illinois Procurement Code pursuant to subsection (h) of |
| 15 | | Section 1-10 of that Code. |
| 16 | | (b) Prior to awarding medical assistance at application |
| 17 | | under Article V of this Code, the Department shall, to the |
| 18 | | extent such databases are available to the Department, conduct |
| 19 | | data matches using the name, date of birth, address, and Social |
| 20 | | Security Number of each applicant or recipient or responsible |
| 21 | | relative of an applicant or recipient against the following: |
| 22 | | (1) Income tax information. |
| 23 | | (2) Employer reports of income and unemployment |
| 24 | | insurance payment information maintained by the Department |
| 25 | | of Employment Security. |
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| 1 | | (3) Earned and unearned income, citizenship and death, |
| 2 | | and other relevant information maintained by the Social |
| 3 | | Security Administration. |
| 4 | | (4) Immigration status information maintained by the |
| 5 | | United States Citizenship and Immigration Services. |
| 6 | | (5) Wage reporting and similar information maintained |
| 7 | | by states contiguous to this State. |
| 8 | | (6) Employment information maintained by the |
| 9 | | Department of Employment Security in its New Hire Directory |
| 10 | | database. |
| 11 | | (7) Employment information maintained by the United |
| 12 | | States Department of Health and Human Services in its |
| 13 | | National Directory of New Hires database. |
| 14 | | (8) Veterans' benefits information maintained by the |
| 15 | | United States Department of Health and Human Services, in |
| 16 | | coordination with the Department of Health and Human |
| 17 | | Services and the Department of Veterans' Affairs, in the |
| 18 | | federal Public Assistance Reporting Information System |
| 19 | | (PARIS) database. |
| 20 | | (9) Residency information maintained by the Illinois |
| 21 | | Secretary of State. |
| 22 | | (10) A database which is substantially similar to or a |
| 23 | | successor of a database described in this Section that |
| 24 | | contains information relevant for verifying eligibility |
| 25 | | for medical assistance. |
| 26 | | (c) (Blank). |
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| 1 | | (d) If a discrepancy results between information provided |
| 2 | | by an applicant, recipient, or responsible relative and |
| 3 | | information contained in one or more of the databases or |
| 4 | | information tools listed under subsection (b) or (c) of this |
| 5 | | Section or subsection (c) of Section 11-5.3 and that |
| 6 | | discrepancy calls into question the accuracy of information |
| 7 | | relevant to a condition of eligibility provided by the |
| 8 | | applicant, recipient, or responsible relative, the Department |
| 9 | | or its contractor shall review the applicant's or recipient's |
| 10 | | case using the following procedures: |
| 11 | | (1) If the information discovered under subsection (b) |
| 12 | | (c) of this Section or subsection (c) of Section 11-5.3 |
| 13 | | does not result in the Department finding the applicant or |
| 14 | | recipient ineligible for assistance under Article V of this |
| 15 | | Code, the Department shall finalize the determination or |
| 16 | | redetermination of eligibility. |
| 17 | | (2) If the information discovered results in the |
| 18 | | Department finding the applicant or recipient ineligible |
| 19 | | for assistance, the Department shall provide notice as set |
| 20 | | forth in Section 11-7 of this Article. |
| 21 | | (3) If the information discovered is insufficient to |
| 22 | | determine that the applicant or recipient is eligible or |
| 23 | | ineligible, the Department shall provide written notice to |
| 24 | | the applicant or recipient which shall describe in |
| 25 | | sufficient detail the circumstances of the discrepancy, |
| 26 | | the information or documentation required, the manner in |
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| 1 | | which the applicant or recipient may respond, and the |
| 2 | | consequences of failing to take action. The applicant or |
| 3 | | recipient shall have 10 business days to respond. |
| 4 | | (4) If the applicant or recipient does not respond to |
| 5 | | the notice, the Department shall deny assistance for |
| 6 | | failure to cooperate, in which case the Department shall |
| 7 | | provide notice as set forth in Section 11-7. Eligibility |
| 8 | | for assistance shall not be established until the |
| 9 | | discrepancy has been resolved. |
| 10 | | (5) If an applicant or recipient responds to the |
| 11 | | notice, the Department shall determine the effect of the |
| 12 | | information or documentation provided on the applicant's |
| 13 | | or recipient's case and shall take appropriate action. |
| 14 | | Written notice of the Department's action shall be provided |
| 15 | | as set forth in Section 11-7 of this Article. |
| 16 | | (6) Suspected cases of fraud shall be referred to the |
| 17 | | Department's Inspector General. |
| 18 | | (e) The Department shall adopt any rules necessary to |
| 19 | | implement this Section.
|
| 20 | | (Source: P.A. 97-689, eff. 6-14-12; revised 11-12-13.)
|
| 21 | | (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
|
| 22 | | Sec. 12-4.25. Medical assistance program; vendor |
| 23 | | participation.
|
| 24 | | (A) The Illinois Department may deny, suspend, or
terminate |
| 25 | | the eligibility of any person, firm, corporation, association,
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| 1 | | agency, institution or other legal entity to participate as a |
| 2 | | vendor of
goods or services to recipients under the medical |
| 3 | | assistance program
under Article V, or may exclude any such
|
| 4 | | person or entity from participation as such a vendor, and may
|
| 5 | | deny, suspend, or recover payments, if after reasonable notice |
| 6 | | and opportunity for a
hearing the Illinois Department finds:
|
| 7 | | (a) Such vendor is not complying with the Department's |
| 8 | | policy or
rules and regulations, or with the terms and |
| 9 | | conditions prescribed by
the Illinois Department in its |
| 10 | | vendor agreement, which document shall be
developed by the |
| 11 | | Department as a result of negotiations with each vendor
|
| 12 | | category, including physicians, hospitals, long term care |
| 13 | | facilities,
pharmacists, optometrists, podiatric |
| 14 | | physicians, and dentists setting forth the
terms and |
| 15 | | conditions applicable to the participation of each vendor
|
| 16 | | group in the program; or
|
| 17 | | (b) Such vendor has failed to keep or make available |
| 18 | | for inspection,
audit or copying, after receiving a written |
| 19 | | request from the Illinois
Department, such records |
| 20 | | regarding payments claimed for providing
services. This |
| 21 | | section does not require vendors to make available
patient |
| 22 | | records of patients for whom services are not reimbursed |
| 23 | | under
this Code; or
|
| 24 | | (c) Such vendor has failed to furnish any information |
| 25 | | requested by
the Department regarding payments for |
| 26 | | providing goods or services; or
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| 1 | | (d) Such vendor has knowingly made, or caused to be |
| 2 | | made, any false
statement or representation of a material |
| 3 | | fact in connection with the
administration of the medical |
| 4 | | assistance program; or
|
| 5 | | (e) Such vendor has furnished goods or services to a |
| 6 | | recipient which
are (1) in excess of need, (2) harmful, or
|
| 7 | | (3) of grossly inferior quality, all of such determinations |
| 8 | | to be based
upon competent medical judgment and |
| 9 | | evaluations; or
|
| 10 | | (f) The vendor; a person with management |
| 11 | | responsibility for a
vendor; an officer or person owning, |
| 12 | | either directly or indirectly, 5%
or more of the shares of |
| 13 | | stock or other evidences of ownership in a
corporate |
| 14 | | vendor; an owner of a sole proprietorship which is a |
| 15 | | vendor;
or a partner in a partnership which is a vendor, |
| 16 | | either:
|
| 17 | | (1) was previously terminated, suspended, or |
| 18 | | excluded from participation in the Illinois
medical |
| 19 | | assistance program, or was terminated, suspended, or |
| 20 | | excluded from participation in another state or |
| 21 | | federal medical assistance or health care program; or
|
| 22 | | (2) was a person with management responsibility |
| 23 | | for a vendor
previously terminated, suspended, or |
| 24 | | excluded from participation in the Illinois medical |
| 25 | | assistance
program, or terminated, suspended, or |
| 26 | | excluded from participation in another state or |
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| 1 | | federal medical assistance or health care program
|
| 2 | | during the time of conduct which was the basis for
that |
| 3 | | vendor's termination, suspension, or exclusion; or
|
| 4 | | (3) was an officer, or person owning, either |
| 5 | | directly or indirectly,
5% or more of the shares of |
| 6 | | stock or other evidences of ownership in a corporate or |
| 7 | | limited liability company vendor
previously |
| 8 | | terminated, suspended, or excluded from participation |
| 9 | | in the Illinois medical assistance
program, or |
| 10 | | terminated, suspended, or excluded from participation |
| 11 | | in a state or federal medical assistance or health care |
| 12 | | program
during the time of conduct which
was the basis |
| 13 | | for that vendor's termination, suspension, or |
| 14 | | exclusion; or
|
| 15 | | (4) was an owner of a sole proprietorship or |
| 16 | | partner of a
partnership previously terminated, |
| 17 | | suspended, or excluded
from participation in the |
| 18 | | Illinois medical assistance program, or terminated, |
| 19 | | suspended, or excluded from participation in a state or |
| 20 | | federal medical assistance or health care program
|
| 21 | | during the time of conduct
which was the basis for that |
| 22 | | vendor's termination, suspension, or exclusion; or
|
| 23 | | (f-1) Such vendor has a delinquent debt owed to the |
| 24 | | Illinois Department; or
|
| 25 | | (g) The vendor; a person with management |
| 26 | | responsibility for a
vendor; an officer or person owning, |
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| 1 | | either directly or indirectly, 5%
or more of the shares of |
| 2 | | stock or other evidences of ownership in a
corporate or
|
| 3 | | limited liability company vendor; an owner of a sole |
| 4 | | proprietorship which is a vendor;
or a partner in a |
| 5 | | partnership which is a vendor, either:
|
| 6 | | (1) has engaged in practices prohibited by |
| 7 | | applicable federal or
State law or regulation; or
|
| 8 | | (2) was a person with management responsibility |
| 9 | | for a vendor at the
time that such vendor engaged in |
| 10 | | practices prohibited by applicable
federal or State |
| 11 | | law or regulation; or
|
| 12 | | (3) was an officer, or person owning, either |
| 13 | | directly or indirectly,
5% or more of the shares of |
| 14 | | stock or other evidences of ownership in a
vendor at |
| 15 | | the time such vendor engaged in practices prohibited by
|
| 16 | | applicable federal or State law or regulation; or
|
| 17 | | (4) was an owner of a sole proprietorship or |
| 18 | | partner of a
partnership which was a vendor at the time |
| 19 | | such vendor engaged in
practices prohibited by |
| 20 | | applicable federal or State law or regulation; or
|
| 21 | | (h) The direct or indirect ownership of the vendor |
| 22 | | (including the
ownership of a vendor that is a sole |
| 23 | | proprietorship, a partner's interest in a
vendor that is a |
| 24 | | partnership, or ownership of 5% or more of the shares of |
| 25 | | stock
or other
evidences of ownership in a corporate |
| 26 | | vendor) has been transferred by an
individual who is |
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| 1 | | terminated, suspended, or excluded or barred from |
| 2 | | participating as a vendor to the
individual's spouse, |
| 3 | | child, brother, sister, parent, grandparent, grandchild,
|
| 4 | | uncle, aunt, niece, nephew, cousin, or relative by |
| 5 | | marriage.
|
| 6 | | (A-5) The Illinois Department may deny, suspend, or |
| 7 | | terminate the
eligibility
of any person, firm, corporation, |
| 8 | | association, agency, institution, or other
legal entity to |
| 9 | | participate as a vendor of goods or services to recipients
|
| 10 | | under the medical assistance program under Article V, or may
|
| 11 | | exclude any such person or entity from participation as such a
|
| 12 | | vendor, if, after reasonable
notice and opportunity for a |
| 13 | | hearing, the Illinois Department finds that the
vendor; a |
| 14 | | person with management responsibility for a vendor; an officer |
| 15 | | or
person owning, either directly or indirectly, 5% or more of |
| 16 | | the shares of stock
or other evidences of ownership in a |
| 17 | | corporate vendor; an owner of a sole
proprietorship that is a |
| 18 | | vendor; or a partner in a partnership that is a vendor
has been |
| 19 | | convicted of an offense based on fraud or willful
|
| 20 | | misrepresentation related to any of
the following:
|
| 21 | | (1) The medical assistance program under Article V of |
| 22 | | this Code.
|
| 23 | | (2) A medical assistance or health care program in |
| 24 | | another state.
|
| 25 | | (3) The Medicare program under Title XVIII of the |
| 26 | | Social Security Act.
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| 1 | | (4) The provision of health care services.
|
| 2 | | (5) A violation of this Code, as provided in Article |
| 3 | | VIIIA, or another state or federal medical assistance |
| 4 | | program or health care program. |
| 5 | | (A-10) The Illinois Department may deny, suspend, or |
| 6 | | terminate the eligibility of any person, firm, corporation, |
| 7 | | association, agency, institution, or other legal entity to |
| 8 | | participate as a vendor of goods or services to recipients |
| 9 | | under the medical assistance program under Article V, or may
|
| 10 | | exclude any such person or entity from participation as such a
|
| 11 | | vendor, if, after reasonable notice and opportunity for a |
| 12 | | hearing, the Illinois Department finds that (i) the vendor, |
| 13 | | (ii) a person with management responsibility for a vendor, |
| 14 | | (iii) an officer or person owning, either directly or |
| 15 | | indirectly, 5% or more of the shares of stock or other |
| 16 | | evidences of ownership in a corporate vendor, (iv) an owner of |
| 17 | | a sole proprietorship that is a vendor, or (v) a partner in a |
| 18 | | partnership that is a vendor has been convicted of an offense |
| 19 | | related to any of the following:
|
| 20 | | (1) Murder.
|
| 21 | | (2) A Class X felony under the Criminal Code of 1961 or |
| 22 | | the Criminal Code of 2012.
|
| 23 | | (3) Sexual misconduct that may subject recipients to an |
| 24 | | undue risk of harm. |
| 25 | | (4) A criminal offense that may subject recipients to |
| 26 | | an undue risk of harm. |
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| 1 | | (5) A crime of fraud or dishonesty. |
| 2 | | (6) A crime involving a controlled substance. |
| 3 | | (7) A misdemeanor relating to fraud, theft, |
| 4 | | embezzlement, breach of fiduciary responsibility, or other |
| 5 | | financial misconduct related to a health care program. |
| 6 | | (A-15) The Illinois Department may deny the eligibility of |
| 7 | | any person, firm, corporation, association, agency, |
| 8 | | institution, or other legal entity to participate as a vendor |
| 9 | | of goods or services to recipients under the medical assistance |
| 10 | | program under Article V if, after reasonable notice and |
| 11 | | opportunity for a hearing, the Illinois Department finds: |
| 12 | | (1) The applicant or any person with management |
| 13 | | responsibility for the applicant; an officer or member of |
| 14 | | the board of directors of an applicant; an entity owning |
| 15 | | (directly or indirectly) 5% or more of the shares of stock |
| 16 | | or other evidences of ownership in a corporate vendor |
| 17 | | applicant; an owner of a sole proprietorship applicant; a |
| 18 | | partner in a partnership applicant; or a technical or other |
| 19 | | advisor to an applicant has a debt owed to the Illinois |
| 20 | | Department, and no payment arrangements acceptable to the |
| 21 | | Illinois Department have been made by the applicant. |
| 22 | | (2) The applicant or any person with management |
| 23 | | responsibility for the applicant; an officer or member of |
| 24 | | the board of directors of an applicant; an entity owning |
| 25 | | (directly or indirectly) 5% or more of the shares of stock |
| 26 | | or other evidences of ownership in a corporate vendor |
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| 1 | | applicant; an owner of a sole proprietorship applicant; a |
| 2 | | partner in a partnership vendor applicant; or a technical |
| 3 | | or other advisor to an applicant was (i) a person with |
| 4 | | management responsibility, (ii) an officer or member of the |
| 5 | | board of directors of an applicant, (iii) an entity owning |
| 6 | | (directly or indirectly) 5% or more of the shares of stock |
| 7 | | or other evidences of ownership in a corporate vendor, (iv) |
| 8 | | an owner of a sole proprietorship, (v) a partner in a |
| 9 | | partnership vendor, (vi) a technical or other advisor to a |
| 10 | | vendor, during a period of time where the conduct of that |
| 11 | | vendor resulted in a debt owed to the Illinois Department, |
| 12 | | and no payment arrangements acceptable to the Illinois |
| 13 | | Department have been made by that vendor. |
| 14 | | (3) There is a credible allegation of the use, |
| 15 | | transfer, or lease of assets of any kind to an applicant |
| 16 | | from a current or prior vendor who has a debt owed to the |
| 17 | | Illinois Department, no payment arrangements acceptable to |
| 18 | | the Illinois Department have been made by that vendor or |
| 19 | | the vendor's alternate payee, and the applicant knows or |
| 20 | | should have known of such debt. |
| 21 | | (4) There is a credible allegation of a transfer of |
| 22 | | management responsibilities, or direct or indirect |
| 23 | | ownership, to an applicant from a current or prior vendor |
| 24 | | who has a debt owed to the Illinois Department, and no |
| 25 | | payment arrangements acceptable to the Illinois Department |
| 26 | | have been made by that vendor or the vendor's alternate |
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| 1 | | payee, and the applicant knows or should have known of such |
| 2 | | debt. |
| 3 | | (5) There is a credible allegation of the use, |
| 4 | | transfer, or lease of assets of any kind to an applicant |
| 5 | | who is a spouse, child, brother, sister, parent, |
| 6 | | grandparent, grandchild, uncle, aunt, niece, relative by |
| 7 | | marriage, nephew, cousin, or relative of a current or prior |
| 8 | | vendor who has a debt owed to the Illinois Department and |
| 9 | | no payment arrangements acceptable to the Illinois |
| 10 | | Department have been made. |
| 11 | | (6) There is a credible allegation that the applicant's |
| 12 | | previous affiliations with a provider of medical services |
| 13 | | that has an uncollected debt, a provider that has been or |
| 14 | | is subject to a payment suspension under a federal health |
| 15 | | care program, or a provider that has been previously |
| 16 | | excluded from participation in the medical assistance |
| 17 | | program, poses a risk of fraud, waste, or abuse to the |
| 18 | | Illinois Department. |
| 19 | | As used in this subsection, "credible allegation" is |
| 20 | | defined to include an allegation from any source, including, |
| 21 | | but not limited to, fraud hotline complaints, claims data |
| 22 | | mining, patterns identified through provider audits, civil |
| 23 | | actions filed under the Illinois False Claims Act, and law |
| 24 | | enforcement investigations. An allegation is considered to be |
| 25 | | credible when it has indicia of reliability. |
| 26 | | (B) The Illinois Department shall deny, suspend or |
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| 1 | | terminate the
eligibility of any person, firm, corporation, |
| 2 | | association, agency,
institution or other legal entity to |
| 3 | | participate as a vendor of goods or
services to recipients |
| 4 | | under the medical assistance program under
Article V, or may
|
| 5 | | exclude any such person or entity from participation as such a
|
| 6 | | vendor:
|
| 7 | | (1) immediately, if such vendor is not properly |
| 8 | | licensed, certified, or authorized;
|
| 9 | | (2) within 30 days of the date when such vendor's |
| 10 | | professional
license, certification or other authorization |
| 11 | | has been refused renewal, restricted,
revoked, suspended, |
| 12 | | or otherwise terminated; or
|
| 13 | | (3) if such vendor has been convicted of a violation of |
| 14 | | this Code, as
provided in Article VIIIA.
|
| 15 | | (C) Upon termination, suspension, or exclusion of a vendor |
| 16 | | of goods or services from
participation in the medical |
| 17 | | assistance program authorized by this
Article, a person with |
| 18 | | management responsibility for such vendor during
the time of |
| 19 | | any conduct which served as the basis for that vendor's
|
| 20 | | termination, suspension, or exclusion is barred from |
| 21 | | participation in the medical assistance
program.
|
| 22 | | Upon termination, suspension, or exclusion of a corporate |
| 23 | | vendor, the officers and persons
owning, directly or |
| 24 | | indirectly, 5% or more of the shares of stock or
other |
| 25 | | evidences of ownership in the vendor during the time of any
|
| 26 | | conduct which served as the basis for that vendor's |
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| 1 | | termination, suspension, or exclusion are
barred from |
| 2 | | participation in the medical assistance program. A person who
|
| 3 | | owns, directly or indirectly, 5% or more of the shares of stock |
| 4 | | or other
evidences of ownership in a terminated, suspended, or |
| 5 | | excluded vendor may not transfer his or
her ownership interest |
| 6 | | in that vendor to his or her spouse, child, brother,
sister, |
| 7 | | parent, grandparent, grandchild, uncle, aunt, niece, nephew, |
| 8 | | cousin, or
relative by marriage.
|
| 9 | | Upon termination, suspension, or exclusion of a sole |
| 10 | | proprietorship or partnership, the owner
or partners during the |
| 11 | | time of any conduct which served as the basis for
that vendor's |
| 12 | | termination, suspension, or exclusion are barred from |
| 13 | | participation in the medical
assistance program. The owner of a |
| 14 | | terminated, suspended, or excluded vendor that is a sole
|
| 15 | | proprietorship, and a partner in a terminated, suspended, or |
| 16 | | excluded vendor that is a partnership, may
not transfer his or |
| 17 | | her ownership or partnership interest in that vendor to his
or |
| 18 | | her spouse, child, brother, sister, parent, grandparent, |
| 19 | | grandchild, uncle,
aunt, niece, nephew, cousin, or relative by |
| 20 | | marriage.
|
| 21 | | A person who owns, directly or indirectly, 5% or more of |
| 22 | | the shares of stock or other evidences of ownership in a |
| 23 | | corporate or limited liability company vendor who owes a debt |
| 24 | | to the Department, if that vendor has not made payment |
| 25 | | arrangements acceptable to the Department, shall not transfer |
| 26 | | his or her ownership interest in that vendor, or vendor assets |
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| 1 | | of any kind, to his or her spouse, child, brother, sister, |
| 2 | | parent, grandparent, grandchild, uncle, aunt, niece, nephew, |
| 3 | | cousin, or relative by marriage. |
| 4 | | Rules adopted by the Illinois Department to implement these
|
| 5 | | provisions shall specifically include a definition of the term
|
| 6 | | "management responsibility" as used in this Section. Such |
| 7 | | definition
shall include, but not be limited to, typical job |
| 8 | | titles, and duties and
descriptions which will be considered as |
| 9 | | within the definition of
individuals with management |
| 10 | | responsibility for a provider.
|
| 11 | | A vendor or a prior vendor who has been terminated, |
| 12 | | excluded, or suspended from the medical assistance program, or |
| 13 | | from another state or federal medical assistance or health care |
| 14 | | program, and any individual currently or previously barred from |
| 15 | | the medical assistance program, or from another state or |
| 16 | | federal medical assistance or health care program, as a result |
| 17 | | of being an officer or a person owning, directly or indirectly, |
| 18 | | 5% or more of the shares of stock or other evidences of |
| 19 | | ownership in a corporate or limited liability company vendor |
| 20 | | during the time of any conduct which served as the basis for |
| 21 | | that vendor's termination, suspension, or exclusion, may be |
| 22 | | required to post a surety bond as part of a condition of |
| 23 | | enrollment or participation in the medical assistance program. |
| 24 | | The Illinois Department shall establish, by rule, the criteria |
| 25 | | and requirements for determining when a surety bond must be |
| 26 | | posted and the value of the bond. |
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| 1 | | A vendor or a prior vendor who has a debt owed to the |
| 2 | | Illinois Department and any individual currently or previously |
| 3 | | barred from the medical assistance program, or from another |
| 4 | | state or federal medical assistance or health care program, as |
| 5 | | a result of being an officer or a person owning, directly or |
| 6 | | indirectly, 5% or more of the shares of stock or other |
| 7 | | evidences of ownership in that corporate or limited liability |
| 8 | | company vendor during the time of any conduct which served as |
| 9 | | the basis for the debt, may be required to post a surety bond |
| 10 | | as part of a condition of enrollment or participation in the |
| 11 | | medical assistance program. The Illinois Department shall |
| 12 | | establish, by rule, the criteria and requirements for |
| 13 | | determining when a surety bond must be posted and the value of |
| 14 | | the bond. |
| 15 | | (D) If a vendor has been suspended from the medical |
| 16 | | assistance
program under Article V of the Code, the Director |
| 17 | | may require that such
vendor correct any deficiencies which |
| 18 | | served as the basis for the
suspension. The Director shall |
| 19 | | specify in the suspension order a specific
period of time, |
| 20 | | which shall not exceed one year from the date of the
order, |
| 21 | | during which a suspended vendor shall not be eligible to
|
| 22 | | participate. At the conclusion of the period of suspension the |
| 23 | | Director
shall reinstate such vendor, unless he finds that such |
| 24 | | vendor has not
corrected deficiencies upon which the suspension |
| 25 | | was based.
|
| 26 | | If a vendor has been terminated, suspended, or excluded |
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| 1 | | from the medical assistance program
under Article V, such |
| 2 | | vendor shall be barred from participation for at
least one |
| 3 | | year, except that if a vendor has been terminated, suspended, |
| 4 | | or excluded based on a
conviction of a
violation of Article |
| 5 | | VIIIA or a conviction of a felony based on fraud or a
willful |
| 6 | | misrepresentation related to (i) the medical assistance |
| 7 | | program under
Article V, (ii) a federal or another state's |
| 8 | | medical assistance or health care program, or (iii) the |
| 9 | | provision of health care services, then
the vendor shall be |
| 10 | | barred from participation for 5 years or for the length of
the |
| 11 | | vendor's sentence for that conviction, whichever is longer. At |
| 12 | | the end of
one year a vendor who has been terminated, |
| 13 | | suspended, or excluded
may apply for reinstatement to the |
| 14 | | program. Upon proper application to
be reinstated such vendor |
| 15 | | may be deemed eligible by the Director
providing that such |
| 16 | | vendor meets the requirements for eligibility under
this Code. |
| 17 | | If such vendor is deemed not eligible for
reinstatement, he
|
| 18 | | shall be barred from again applying for reinstatement for one |
| 19 | | year from the
date his application for reinstatement is denied.
|
| 20 | | A vendor whose termination, suspension, or exclusion from |
| 21 | | participation in the Illinois medical
assistance program under |
| 22 | | Article V was based solely on an action by a
governmental |
| 23 | | entity other than the Illinois Department may, upon |
| 24 | | reinstatement
by that governmental entity or upon reversal of |
| 25 | | the termination, suspension, or exclusion, apply for
|
| 26 | | rescission of the termination, suspension, or exclusion from |
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| 1 | | participation in the Illinois medical
assistance program. Upon |
| 2 | | proper application for rescission, the vendor may be
deemed |
| 3 | | eligible by the Director if the vendor meets the requirements |
| 4 | | for
eligibility under this Code.
|
| 5 | | If a vendor has been terminated, suspended, or excluded and |
| 6 | | reinstated to the medical assistance
program under Article V |
| 7 | | and the vendor is terminated, suspended, or excluded a second |
| 8 | | or subsequent
time from the medical assistance program, the |
| 9 | | vendor shall be barred from
participation for at least 2 years, |
| 10 | | except that if a vendor has been
terminated, suspended, or |
| 11 | | excluded a second time based on a
conviction of a violation of |
| 12 | | Article VIIIA or a conviction of a felony based on
fraud or a |
| 13 | | willful misrepresentation related to (i) the medical |
| 14 | | assistance
program under Article V, (ii) a federal or another |
| 15 | | state's medical assistance or health care program, or (iii) the |
| 16 | | provision of health care
services, then the vendor shall be |
| 17 | | barred from participation for life. At
the end of 2 years, a |
| 18 | | vendor who has
been terminated, suspended, or excluded may |
| 19 | | apply for reinstatement to the program. Upon application
to be |
| 20 | | reinstated, the vendor may be deemed eligible if the vendor |
| 21 | | meets the
requirements for eligibility under this Code. If the |
| 22 | | vendor is deemed not
eligible for reinstatement, the vendor |
| 23 | | shall be barred from again applying for
reinstatement for 2 |
| 24 | | years from the date the vendor's application for
reinstatement |
| 25 | | is denied.
|
| 26 | | (E) The Illinois Department may recover money improperly or
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| 1 | | erroneously paid, or overpayments, either by setoff, crediting |
| 2 | | against
future billings or by requiring direct repayment to the |
| 3 | | Illinois
Department. The Illinois Department may suspend or |
| 4 | | deny payment, in whole or in part, if such payment would be |
| 5 | | improper or erroneous or would otherwise result in overpayment. |
| 6 | | (1) Payments may be suspended, denied, or recovered |
| 7 | | from a vendor or alternate payee: (i) for services rendered |
| 8 | | in violation of the Illinois Department's provider |
| 9 | | notices, statutes, rules, and regulations; (ii) for |
| 10 | | services rendered in violation of the terms and conditions |
| 11 | | prescribed by the Illinois Department in its vendor |
| 12 | | agreement; (iii) for any vendor who fails to grant the |
| 13 | | Office of Inspector General timely access to full and |
| 14 | | complete records, including, but not limited to, records |
| 15 | | relating to recipients under the medical assistance |
| 16 | | program for the most recent 6 years, in accordance with |
| 17 | | Section 140.28 of Title 89 of the Illinois Administrative |
| 18 | | Code, and other information for the purpose of audits, |
| 19 | | investigations, or other program integrity functions, |
| 20 | | after reasonable written request by the Inspector General; |
| 21 | | this subsection (E) does not require vendors to make |
| 22 | | available the medical records of patients for whom services |
| 23 | | are not reimbursed under this Code or to provide access to |
| 24 | | medical records more than 6 years old; (iv) when the vendor |
| 25 | | has knowingly made, or caused to be made, any false |
| 26 | | statement or representation of a material fact in |
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| 1 | | connection with the administration of the medical |
| 2 | | assistance program; or (v) when the vendor previously |
| 3 | | rendered services while terminated, suspended, or excluded |
| 4 | | from participation in the medical assistance program or |
| 5 | | while terminated or excluded from participation in another |
| 6 | | state or federal medical assistance or health care program. |
| 7 | | (2) Notwithstanding any other provision of law, if a |
| 8 | | vendor has the same taxpayer identification number |
| 9 | | (assigned under Section 6109 of the Internal Revenue Code |
| 10 | | of 1986) as is assigned to a vendor with past-due financial |
| 11 | | obligations to the Illinois Department, the Illinois |
| 12 | | Department may make any necessary adjustments to payments |
| 13 | | to that vendor in order to satisfy any past-due |
| 14 | | obligations, regardless of whether the vendor is assigned a |
| 15 | | different billing number under the medical assistance |
| 16 | | program.
|
| 17 | | (E-5) Civil monetary penalties. |
| 18 | | (1) As used in this subsection (E-5): |
| 19 | | (a) "Knowingly" means that a person, with respect |
| 20 | | to
information:
(i) has actual knowledge of the |
| 21 | | information;
(ii) acts in deliberate ignorance of the |
| 22 | | truth or falsity of the
information; or
(iii) acts in |
| 23 | | reckless disregard of the truth or falsity of the
|
| 24 | | information. No proof of specific intent to defraud is |
| 25 | | required. |
| 26 | | (b) "Overpayment" means any funds that a person |
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| 1 | | receives or
retains from the medical assistance |
| 2 | | program to which the person,
after applicable |
| 3 | | reconciliation, is not entitled under this Code. |
| 4 | | (c) "Remuneration" means the offer or transfer of |
| 5 | | items or
services for free or for other than fair |
| 6 | | market value by a
person; however, remuneration does |
| 7 | | not include items or services
of a nominal value of no |
| 8 | | more than $10 per item or service, or
$50 in the |
| 9 | | aggregate on an annual basis, or any other offer or
|
| 10 | | transfer of items or services as determined by the
|
| 11 | | Department. |
| 12 | | (d) "Should know" means that a person, with respect |
| 13 | | to
information:
(i) acts in deliberate ignorance of the |
| 14 | | truth or falsity
of the information; or
(ii) acts in |
| 15 | | reckless disregard of the truth or falsity of
the |
| 16 | | information. No proof of specific intent to defraud is |
| 17 | | required. |
| 18 | | (2) Any person (including a vendor, provider, |
| 19 | | organization, agency, or other entity, or an alternate |
| 20 | | payee thereof, but excluding a recipient) who: |
| 21 | | (a) knowingly presents or causes to be presented to |
| 22 | | an officer, employee, or agent of the State, a claim |
| 23 | | that the Department determines: |
| 24 | | (i) is for a medical or other item or service |
| 25 | | that the person knows or should know was not |
| 26 | | provided as claimed, including any person who |
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| 1 | | engages in a pattern or practice of presenting or |
| 2 | | causing to be presented a claim for an item or |
| 3 | | service that is based on a code that the person |
| 4 | | knows or should know will result in a greater |
| 5 | | payment to the person than the code the person |
| 6 | | knows or should know is applicable to the item or |
| 7 | | service actually provided; |
| 8 | | (ii) is for a medical or other item or service |
| 9 | | and the person knows or should know that the claim |
| 10 | | is false or fraudulent; |
| 11 | | (iii) is presented for a vendor physician's |
| 12 | | service, or an item or service incident to a vendor |
| 13 | | physician's service, by a person who knows or |
| 14 | | should know that the individual who furnished, or |
| 15 | | supervised the furnishing of, the service: |
| 16 | | (AA) was not licensed as a physician; |
| 17 | | (BB) was licensed as a physician but such |
| 18 | | license had been obtained through a |
| 19 | | misrepresentation of material fact (including |
| 20 | | cheating on an examination required for |
| 21 | | licensing); or |
| 22 | | (CC) represented to the patient at the |
| 23 | | time the service was furnished that the |
| 24 | | physician was certified in a medical specialty |
| 25 | | by a medical specialty board, when the |
| 26 | | individual was not so certified; |
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| 1 | | (iv) is for a medical or other item or service |
| 2 | | furnished during a period in which the person was |
| 3 | | excluded from the medical assistance program or a |
| 4 | | federal or state health care program under which |
| 5 | | the claim
was made pursuant to applicable law; or |
| 6 | | (v) is for a pattern of medical or other items |
| 7 | | or services that a person knows or should know are |
| 8 | | not medically necessary; |
| 9 | | (b) knowingly presents or causes to be presented to |
| 10 | | any person a request for payment which is in violation |
| 11 | | of the conditions for receipt
of vendor payments under |
| 12 | | the medical assistance program under Section 11-13 of |
| 13 | | this Code; |
| 14 | | (c) knowingly gives or causes to be given to any |
| 15 | | person, with respect to medical assistance program |
| 16 | | coverage of inpatient hospital services, information |
| 17 | | that he or she knows or should know is false or |
| 18 | | misleading, and that could reasonably be expected to |
| 19 | | influence the decision when to discharge such person or |
| 20 | | other individual from the hospital; |
| 21 | | (d) in the case of a person who is not an |
| 22 | | organization, agency, or other entity, is excluded |
| 23 | | from participating in the medical assistance
program |
| 24 | | or a federal or state health care program and who, at |
| 25 | | the time
of a violation of this subsection (E-5): |
| 26 | | (i) retains a direct or indirect ownership or |
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| 1 | | control interest in an entity that is |
| 2 | | participating in the medical assistance program or |
| 3 | | a federal or state health care program, and who |
| 4 | | knows or should know of the action constituting the |
| 5 | | basis for the exclusion; or |
| 6 | | (ii) is an officer or managing employee of such |
| 7 | | an entity; |
| 8 | | (e) offers or transfers remuneration to any |
| 9 | | individual eligible for benefits under the medical |
| 10 | | assistance program that such person knows or should |
| 11 | | know is likely to influence such individual to order or |
| 12 | | receive from a particular vendor, provider, |
| 13 | | practitioner, or supplier any item or service for which |
| 14 | | payment may be made, in whole or in part, under the |
| 15 | | medical assistance program; |
| 16 | | (f) arranges or contracts (by employment or |
| 17 | | otherwise) with an individual or entity that the person |
| 18 | | knows or should know is excluded from participation in |
| 19 | | the medical assistance program or a federal or
state |
| 20 | | health care program, for the provision of items or |
| 21 | | services for which payment may be made under such a |
| 22 | | program; |
| 23 | | (g) commits an act described in subsection (b) or |
| 24 | | (c) of Section 8A-3; |
| 25 | | (h) knowingly makes, uses, or causes to be made or |
| 26 | | used, a false record
or statement material to a false |
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| 1 | | or fraudulent claim for payment for
items and services |
| 2 | | furnished under the medical assistance program; |
| 3 | | (i) fails to grant timely access, upon reasonable |
| 4 | | request (as defined
by the Department by rule), to the |
| 5 | | Inspector General, for the purpose of
audits, |
| 6 | | investigations, evaluations, or other statutory |
| 7 | | functions of
the Inspector General of the Department; |
| 8 | | (j) orders or prescribes a medical or other item or |
| 9 | | service during a
period in which the person was |
| 10 | | excluded from the medical assistance
program or a |
| 11 | | federal or state health care program, in the case where
|
| 12 | | the person knows or should know that a claim for such |
| 13 | | medical or other
item or service will be made under |
| 14 | | such a program; |
| 15 | | (k) knowingly makes or causes to be made any false |
| 16 | | statement, omission, or misrepresentation of a |
| 17 | | material fact in any application, bid, or contract to |
| 18 | | participate or enroll as a vendor or provider of |
| 19 | | services or a supplier under the medical assistance |
| 20 | | program; |
| 21 | | (l) knows of an overpayment and does not report and |
| 22 | | return the
overpayment to the Department in accordance |
| 23 | | with paragraph (6); |
| 24 | | shall be subject, in addition to any other penalties that |
| 25 | | may be prescribed by law, to a civil money penalty of not |
| 26 | | more than $10,000
for each item or service (or, in cases |
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| 1 | | under subparagraph (c), $15,000
for each individual with |
| 2 | | respect to whom false or misleading
information was given; |
| 3 | | in cases under subparagraph (d), $10,000 for
each day the |
| 4 | | prohibited relationship occurs; in cases under |
| 5 | | subparagraph
(g), $50,000 for each such act; in cases under |
| 6 | | subparagraph
(h), $50,000 for each false record or |
| 7 | | statement; in cases under
subparagraph (i), $15,000 for |
| 8 | | each day of the failure described in such
subparagraph; or |
| 9 | | in cases under subparagraph (k), $50,000 for each false
|
| 10 | | statement, omission, or misrepresentation of a material |
| 11 | | fact). In
addition, such a person shall be subject to an |
| 12 | | assessment of not more
than 3 times the amount claimed for |
| 13 | | each such item or service in lieu
of damages sustained by |
| 14 | | the State because of such claim
(or, in cases under |
| 15 | | subparagraph (g), damages of not more than 3 times
the |
| 16 | | total amount of remuneration offered, paid, solicited, or |
| 17 | | received,
without regard to whether a portion of such |
| 18 | | remuneration was offered,
paid, solicited, or received for |
| 19 | | a lawful purpose; or in cases under
subparagraph (k), an |
| 20 | | assessment of not more than 3 times the total
amount |
| 21 | | claimed for each item or service for which payment was made
|
| 22 | | based upon the application, bid, or contract containing the |
| 23 | | false
statement, omission, or misrepresentation of a |
| 24 | | material fact). |
| 25 | | (3) In addition, the Director or his or her designee |
| 26 | | may make a determination in the
same proceeding to exclude, |
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| 1 | | terminate, suspend, or bar the person from
participation in |
| 2 | | the medical assistance program. |
| 3 | | (4) The Illinois Department may seek the civil monetary |
| 4 | | penalties and exclusion, termination, suspension, or |
| 5 | | barment identified in this subsection (E-5). Prior to the |
| 6 | | imposition of any penalties or sanctions, the affected
|
| 7 | | person shall be afforded an
opportunity for a hearing after |
| 8 | | reasonable notice. The
Department shall establish hearing |
| 9 | | procedures by rule. |
| 10 | | (5) Any final order, decision, or other determination |
| 11 | | made, issued, or executed by the Director under the |
| 12 | | provisions of this subsection (E-5), whereby a person is |
| 13 | | aggrieved, shall be subject to review in accordance with |
| 14 | | the provisions of the Administrative Review Law, and the |
| 15 | | rules adopted pursuant thereto, which shall apply to and |
| 16 | | govern all proceedings for the judicial review of final |
| 17 | | administrative decisions of the Director. |
| 18 | | (6)(a) If a person has received an overpayment, the |
| 19 | | person shall: |
| 20 | | (i) report and return the overpayment to the |
| 21 | | Department at the correct address; and |
| 22 | | (ii) notify the Department in writing of the reason |
| 23 | | for the overpayment. |
| 24 | | (b) An overpayment must be reported and returned under |
| 25 | | subparagraph (a) by the later of: |
| 26 | | (i) the date which is 60 days after the date on |
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| 1 | | which the overpayment was identified; or |
| 2 | | (ii) the date any corresponding cost report is due, |
| 3 | | if applicable. |
| 4 | | (E-10) A vendor who disputes an overpayment identified as |
| 5 | | part of a Department audit shall utilize the Department's |
| 6 | | self-referral disclosure protocol as set forth under this Code |
| 7 | | to identify, investigate, and return to the Department any |
| 8 | | undisputed audit overpayment amount. Unless the disputed |
| 9 | | overpayment amount is subject to a fraud payment suspension, or |
| 10 | | involves a termination sanction, the Department shall defer the |
| 11 | | recovery of the disputed overpayment amount up to one year |
| 12 | | after the date of the Department's final audit determination, |
| 13 | | or earlier, or as required by State or federal law. If the |
| 14 | | administrative hearing extends beyond one year, and such delay |
| 15 | | was not caused by the request of the vendor, then the |
| 16 | | Department shall not recover the disputed overpayment amount |
| 17 | | until the date of the final administrative decision. If a final |
| 18 | | administrative decision establishes that the disputed |
| 19 | | overpayment amount is owed to the Department, then the amount |
| 20 | | shall be immediately due to the Department. The Department |
| 21 | | shall be entitled to recover interest from the vendor on the |
| 22 | | overpayment amount from the date of the overpayment through the |
| 23 | | date the vendor returns the overpayment to the Department at a |
| 24 | | rate not to exceed the Wall Street Journal Prime Rate, as |
| 25 | | published from time to time, but not to exceed 5%. Any interest |
| 26 | | billed by the Department shall be due immediately upon receipt |
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| 1 | | of the Department's billing statement. |
| 2 | | (F) The Illinois Department may withhold payments to any |
| 3 | | vendor
or alternate payee prior to or during the pendency of |
| 4 | | any audit or proceeding under this Section, and through the |
| 5 | | pendency of any administrative appeal or administrative review |
| 6 | | by any court proceeding. The Illinois Department shall
state by |
| 7 | | rule with as much specificity as practicable the conditions
|
| 8 | | under which payments will not be withheld under this Section. |
| 9 | | Payments may be denied for bills
submitted with service dates |
| 10 | | occurring during the pendency of a
proceeding, after a final |
| 11 | | decision has been rendered, or after the conclusion of any |
| 12 | | administrative appeal, where the final administrative decision |
| 13 | | is to terminate, exclude, or suspend
eligibility to participate |
| 14 | | in the medical assistance program. The
Illinois Department |
| 15 | | shall state by rule with as much specificity as
practicable the |
| 16 | | conditions under which payments will not be denied for
such |
| 17 | | bills.
The Illinois
Department shall state by rule a process |
| 18 | | and criteria by
which a vendor or alternate payee may request |
| 19 | | full or partial release of payments withheld under
this |
| 20 | | subsection. The Department must complete a proceeding under |
| 21 | | this Section
in a timely manner.
|
| 22 | | Notwithstanding recovery allowed under subsection (E) or |
| 23 | | this subsection (F), the Illinois Department may withhold |
| 24 | | payments to any vendor or alternate payee who is not properly |
| 25 | | licensed, certified, or in compliance with State or federal |
| 26 | | agency regulations. Payments may be denied for bills submitted |
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| 1 | | with service dates occurring during the period of time that a |
| 2 | | vendor is not properly licensed, certified, or in compliance |
| 3 | | with State or federal regulations. Facilities licensed under
|
| 4 | | the Nursing Home Care Act shall have payments denied or
|
| 5 | | withheld pursuant to subsection (I) of this Section. |
| 6 | | (F-5) The Illinois Department may temporarily withhold |
| 7 | | payments to
a vendor or alternate payee if any of the following |
| 8 | | individuals have been indicted or
otherwise charged under a law |
| 9 | | of the United States or this or any other state
with an offense |
| 10 | | that is based on alleged fraud or willful
misrepresentation on |
| 11 | | the part of the individual related to (i) the medical
|
| 12 | | assistance program under Article V of this Code, (ii) a federal |
| 13 | | or another state's medical assistance
or health care program, |
| 14 | | or (iii) the provision of health care services:
|
| 15 | | (1) If the vendor or alternate payee is a corporation: |
| 16 | | an officer of the corporation
or an individual who owns, |
| 17 | | either directly or indirectly, 5% or more
of the shares of |
| 18 | | stock or other evidence of ownership of the
corporation.
|
| 19 | | (2) If the vendor is a sole proprietorship: the owner |
| 20 | | of the sole
proprietorship.
|
| 21 | | (3) If the vendor or alternate payee is a partnership: |
| 22 | | a partner in the partnership.
|
| 23 | | (4) If the vendor or alternate payee is any other |
| 24 | | business entity authorized by law
to transact business in |
| 25 | | this State: an officer of the entity or an
individual who |
| 26 | | owns, either directly or indirectly, 5% or more of the
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| 1 | | evidences of ownership of the entity.
|
| 2 | | If the Illinois Department withholds payments to a vendor |
| 3 | | or alternate payee under this
subsection, the Department shall |
| 4 | | not release those payments to the vendor
or alternate payee
|
| 5 | | while any criminal proceeding related to the indictment or |
| 6 | | charge is pending
unless the Department determines that there |
| 7 | | is good cause to release the
payments before completion of the |
| 8 | | proceeding. If the indictment or charge
results in the |
| 9 | | individual's conviction, the Illinois Department shall retain
|
| 10 | | all withheld
payments, which shall be considered forfeited to |
| 11 | | the Department. If the
indictment or charge does not result in |
| 12 | | the individual's conviction, the
Illinois Department
shall |
| 13 | | release to the vendor or alternate payee all withheld payments.
|
| 14 | | (F-10) If the Illinois Department establishes that the |
| 15 | | vendor or alternate payee owes a debt to the Illinois |
| 16 | | Department, and the vendor or alternate payee subsequently |
| 17 | | fails to pay or make satisfactory payment arrangements with the |
| 18 | | Illinois Department for the debt owed, the Illinois Department |
| 19 | | may seek all remedies available under the law of this State to |
| 20 | | recover the debt, including, but not limited to, wage |
| 21 | | garnishment or the filing of claims or liens against the vendor |
| 22 | | or alternate payee. |
| 23 | | (F-15) Enforcement of judgment. |
| 24 | | (1) Any fine, recovery amount, other sanction, or costs |
| 25 | | imposed, or part of any fine, recovery amount, other |
| 26 | | sanction, or cost imposed, remaining unpaid after the |
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| 1 | | exhaustion of or the failure to exhaust judicial review |
| 2 | | procedures under the Illinois Administrative Review Law is |
| 3 | | a debt due and owing the State and may be collected using |
| 4 | | all remedies available under the law. |
| 5 | | (2) After expiration of the period in which judicial |
| 6 | | review under the Illinois Administrative Review Law may be |
| 7 | | sought for a final administrative decision, unless stayed |
| 8 | | by a court of competent jurisdiction, the findings, |
| 9 | | decision, and order of the Director may be enforced in the |
| 10 | | same manner as a judgment entered by a court of competent |
| 11 | | jurisdiction. |
| 12 | | (3) In any case in which any person or entity has |
| 13 | | failed to comply with a judgment ordering or imposing any |
| 14 | | fine or other sanction, any expenses incurred by the |
| 15 | | Illinois Department to enforce the judgment, including, |
| 16 | | but not limited to, attorney's fees, court costs, and costs |
| 17 | | related to property demolition or foreclosure, after they |
| 18 | | are fixed by a court of competent jurisdiction or the |
| 19 | | Director, shall be a debt due and owing the State and may |
| 20 | | be collected in accordance with applicable law. Prior to |
| 21 | | any expenses being fixed by a final administrative decision |
| 22 | | pursuant to this subsection (F-15), the Illinois |
| 23 | | Department shall provide notice to the individual or entity |
| 24 | | that states that the individual or entity shall appear at a |
| 25 | | hearing before the administrative hearing officer to |
| 26 | | determine whether the individual or entity has failed to |
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| 1 | | comply with the judgment. The notice shall set the date for |
| 2 | | such a hearing, which shall not be less than 7 days from |
| 3 | | the date that notice is served. If notice is served by |
| 4 | | mail, the 7-day period shall begin to run on the date that |
| 5 | | the notice was deposited in the mail. |
| 6 | | (4) Upon being recorded in the manner required by |
| 7 | | Article XII of the Code of Civil Procedure or by the |
| 8 | | Uniform Commercial Code, a lien shall be imposed on the |
| 9 | | real estate or personal estate, or both, of the individual |
| 10 | | or entity in the amount of any debt due and owing the State |
| 11 | | under this Section. The lien may be enforced in the same |
| 12 | | manner as a judgment of a court of competent jurisdiction. |
| 13 | | A lien shall attach to all property and assets of such |
| 14 | | person, firm, corporation, association, agency, |
| 15 | | institution, or other legal entity until the judgment is |
| 16 | | satisfied. |
| 17 | | (5) The Director may set aside any judgment entered by
|
| 18 | | default and set a new hearing date upon a petition filed at
|
| 19 | | any time (i) if the petitioner's failure to appear at the
|
| 20 | | hearing was for good cause, or (ii) if the petitioner
|
| 21 | | established that the Department did not provide proper
|
| 22 | | service of process. If any judgment is set aside pursuant
|
| 23 | | to this paragraph (5), the hearing officer shall have
|
| 24 | | authority to enter an order extinguishing any lien which
|
| 25 | | has been recorded for any debt due and owing the Illinois
|
| 26 | | Department as a result of the vacated default judgment. |
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| 1 | | (G) The provisions of the Administrative Review Law, as now |
| 2 | | or hereafter
amended, and the rules adopted pursuant
thereto, |
| 3 | | shall apply to and govern all proceedings for the judicial
|
| 4 | | review of final administrative decisions of the Illinois |
| 5 | | Department
under this Section. The term "administrative |
| 6 | | decision" is defined as in
Section 3-101 of the Code of Civil |
| 7 | | Procedure.
|
| 8 | | (G-5) Vendors who pose a risk of fraud, waste, abuse, or |
| 9 | | harm.
|
| 10 | | (1) Notwithstanding any other provision in this |
| 11 | | Section, the Department may terminate, suspend, or exclude |
| 12 | | vendors who pose a risk of fraud, waste, abuse, or harm |
| 13 | | from
participation in the medical assistance program prior
|
| 14 | | to an evidentiary hearing but after reasonable notice and |
| 15 | | opportunity to
respond as established by the Department by |
| 16 | | rule.
|
| 17 | | (2) Vendors who pose a risk of fraud, waste, abuse, or |
| 18 | | harm shall submit to a fingerprint-based criminal
|
| 19 | | background check on current and future information |
| 20 | | available in the State
system and current information |
| 21 | | available through the Federal Bureau of
Investigation's |
| 22 | | system by submitting all necessary fees and information in |
| 23 | | the
form and manner
prescribed by the Department of State |
| 24 | | Police. The following individuals shall
be subject to the |
| 25 | | check:
|
| 26 | | (A) In the case of a vendor that is a corporation, |
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| 1 | | every shareholder
who owns, directly or indirectly, 5% |
| 2 | | or more of the outstanding shares of
the corporation.
|
| 3 | | (B) In the case of a vendor that is a partnership, |
| 4 | | every partner.
|
| 5 | | (C) In the case of a vendor that is a sole |
| 6 | | proprietorship, the sole
proprietor.
|
| 7 | | (D) Each officer or manager of the vendor.
|
| 8 | | Each such vendor shall be responsible for payment of |
| 9 | | the cost of the
criminal background check.
|
| 10 | | (3) Vendors who pose a risk of fraud, waste, abuse, or |
| 11 | | harm may be
required to post a surety bond. The Department |
| 12 | | shall establish, by rule, the
criteria and requirements for |
| 13 | | determining when a surety bond must be posted and
the value |
| 14 | | of the bond.
|
| 15 | | (4) The Department, or its agents, may refuse to accept |
| 16 | | requests for authorization from specific vendors who pose a |
| 17 | | risk of fraud, waste, abuse, or harm, including |
| 18 | | prior-approval and
post-approval requests, if:
|
| 19 | | (A) the Department has initiated a notice of |
| 20 | | termination, suspension, or exclusion of the
vendor |
| 21 | | from participation in the medical assistance program; |
| 22 | | or
|
| 23 | | (B) the Department has issued notification of its |
| 24 | | withholding of
payments pursuant to subsection (F-5) |
| 25 | | of this Section; or
|
| 26 | | (C) the Department has issued a notification of its |
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| 1 | | withholding of
payments due to reliable evidence of |
| 2 | | fraud or willful misrepresentation
pending |
| 3 | | investigation.
|
| 4 | | (5) As used in this subsection, the following terms are |
| 5 | | defined as follows: |
| 6 | | (A) "Fraud" means an intentional deception or |
| 7 | | misrepresentation made by a person with the knowledge |
| 8 | | that the deception could result in some unauthorized |
| 9 | | benefit to himself or herself or some other person. It |
| 10 | | includes any act that constitutes fraud under |
| 11 | | applicable federal or State law. |
| 12 | | (B) "Abuse" means provider practices that are |
| 13 | | inconsistent with sound fiscal, business, or medical |
| 14 | | practices and that result in an unnecessary cost to the |
| 15 | | medical assistance program or in reimbursement for |
| 16 | | services that are not medically necessary or that fail |
| 17 | | to meet professionally recognized standards for health |
| 18 | | care. It also includes recipient practices that result |
| 19 | | in unnecessary cost to the medical assistance program. |
| 20 | | Abuse does not include diagnostic or therapeutic |
| 21 | | measures conducted primarily as a safeguard against |
| 22 | | possible vendor liability. |
| 23 | | (C) "Waste" means the unintentional misuse of |
| 24 | | medical assistance resources, resulting in unnecessary |
| 25 | | cost to the medical assistance program. Waste does not |
| 26 | | include diagnostic or therapeutic measures conducted |
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| 1 | | primarily as a safeguard against possible vendor |
| 2 | | liability. |
| 3 | | (D) "Harm" means physical, mental, or monetary |
| 4 | | damage to recipients or to the medical assistance |
| 5 | | program. |
| 6 | | (G-6) The Illinois Department, upon making a determination |
| 7 | | based upon information in the possession of the Illinois |
| 8 | | Department that continuation of participation in the medical |
| 9 | | assistance program by a vendor would constitute an immediate |
| 10 | | danger to the public, may immediately suspend such vendor's |
| 11 | | participation in the medical assistance program without a |
| 12 | | hearing. In instances in which the Illinois Department |
| 13 | | immediately suspends the medical assistance program |
| 14 | | participation of a vendor under this Section, a hearing upon |
| 15 | | the vendor's participation must be convened by the Illinois |
| 16 | | Department within 15 days after such suspension and completed |
| 17 | | without appreciable delay. Such hearing shall be held to |
| 18 | | determine whether to recommend to the Director that the |
| 19 | | vendor's medical assistance program participation be denied, |
| 20 | | terminated, suspended, placed on provisional status, or |
| 21 | | reinstated. In the hearing, any evidence relevant to the vendor |
| 22 | | constituting an immediate danger to the public may be |
| 23 | | introduced against such vendor; provided, however, that the |
| 24 | | vendor, or his or her counsel, shall have the opportunity to |
| 25 | | discredit, impeach, and submit evidence rebutting such |
| 26 | | evidence. |
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| 1 | | (H) Nothing contained in this Code shall in any way limit |
| 2 | | or
otherwise impair the authority or power of any State agency |
| 3 | | responsible
for licensing of vendors.
|
| 4 | | (I) Based on a finding of noncompliance on the part of a |
| 5 | | nursing home with
any requirement for certification under Title |
| 6 | | XVIII or XIX of the Social
Security Act (42 U.S.C. Sec. 1395 et |
| 7 | | seq. or 42 U.S.C. Sec. 1396 et seq.), the
Illinois Department |
| 8 | | may impose one or more of the following remedies after
notice |
| 9 | | to the facility:
|
| 10 | | (1) Termination of the provider agreement.
|
| 11 | | (2) Temporary management.
|
| 12 | | (3) Denial of payment for new admissions.
|
| 13 | | (4) Civil money penalties.
|
| 14 | | (5) Closure of the facility in emergency situations or |
| 15 | | transfer of
residents, or both.
|
| 16 | | (6) State monitoring.
|
| 17 | | (7) Denial of all payments when the U.S. Department of |
| 18 | | Health and Human Services has
imposed this sanction.
|
| 19 | | The Illinois Department shall by rule establish criteria |
| 20 | | governing continued
payments to a nursing facility subsequent |
| 21 | | to termination of the facility's
provider agreement if, in the |
| 22 | | sole discretion of the Illinois Department,
circumstances |
| 23 | | affecting the health, safety, and welfare of the facility's
|
| 24 | | residents require those continued payments. The Illinois |
| 25 | | Department may
condition those continued payments on the |
| 26 | | appointment of temporary management,
sale of the facility to |
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| 1 | | new owners or operators, or other
arrangements that the |
| 2 | | Illinois Department determines best serve the needs of
the |
| 3 | | facility's residents.
|
| 4 | | Except in the case of a facility that has a right to a |
| 5 | | hearing on the finding
of noncompliance before an agency of the |
| 6 | | federal government, a facility may
request a hearing before a |
| 7 | | State agency on any finding of noncompliance within
60 days |
| 8 | | after the notice of the intent to impose a remedy. Except in |
| 9 | | the case
of civil money penalties, a request for a hearing |
| 10 | | shall not delay imposition of
the penalty. The choice of |
| 11 | | remedies is not appealable at a hearing. The level
of |
| 12 | | noncompliance may be challenged only in the case of a civil |
| 13 | | money penalty.
The Illinois Department shall provide by rule |
| 14 | | for the State agency that will
conduct the evidentiary |
| 15 | | hearings.
|
| 16 | | The Illinois Department may collect interest on unpaid |
| 17 | | civil money penalties.
|
| 18 | | The Illinois Department may adopt all rules necessary to |
| 19 | | implement this
subsection (I).
|
| 20 | | (J) The Illinois Department, by rule, may permit individual |
| 21 | | practitioners to designate that Department payments that may be |
| 22 | | due the practitioner be made to an alternate payee or alternate |
| 23 | | payees. |
| 24 | | (a) Such alternate payee or alternate payees shall be |
| 25 | | required to register as an alternate payee in the Medical |
| 26 | | Assistance Program with the Illinois Department. |
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| 1 | | (b) If a practitioner designates an alternate payee, |
| 2 | | the alternate payee and practitioner shall be jointly and |
| 3 | | severally liable to the Department for payments made to the |
| 4 | | alternate payee. Pursuant to subsection (E) of this |
| 5 | | Section, any Department action to suspend or deny payment |
| 6 | | or recover money or overpayments from an alternate payee |
| 7 | | shall be subject to an administrative hearing. |
| 8 | | (c) Registration as an alternate payee or alternate |
| 9 | | payees in the Illinois Medical Assistance Program shall be |
| 10 | | conditional. At any time, the Illinois Department may deny |
| 11 | | or cancel any alternate payee's registration in the |
| 12 | | Illinois Medical Assistance Program without cause. Any |
| 13 | | such denial or cancellation is not subject to an |
| 14 | | administrative hearing. |
| 15 | | (d) The Illinois Department may seek a revocation of |
| 16 | | any alternate payee, and all owners, officers, and |
| 17 | | individuals with management responsibility for such |
| 18 | | alternate payee shall be permanently prohibited from |
| 19 | | participating as an owner, an officer, or an individual |
| 20 | | with management responsibility with an alternate payee in |
| 21 | | the Illinois Medical Assistance Program, if after |
| 22 | | reasonable notice and opportunity for a hearing the |
| 23 | | Illinois Department finds that: |
| 24 | | (1) the alternate payee is not complying with the |
| 25 | | Department's policy or rules and regulations, or with |
| 26 | | the terms and conditions prescribed by the Illinois |
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| 1 | | Department in its alternate payee registration |
| 2 | | agreement; or |
| 3 | | (2) the alternate payee has failed to keep or make |
| 4 | | available for inspection, audit, or copying, after |
| 5 | | receiving a written request from the Illinois |
| 6 | | Department, such records regarding payments claimed as |
| 7 | | an alternate payee; or |
| 8 | | (3) the alternate payee has failed to furnish any |
| 9 | | information requested by the Illinois Department |
| 10 | | regarding payments claimed as an alternate payee; or |
| 11 | | (4) the alternate payee has knowingly made, or |
| 12 | | caused to be made, any false statement or |
| 13 | | representation of a material fact in connection with |
| 14 | | the administration of the Illinois Medical Assistance |
| 15 | | Program; or |
| 16 | | (5) the alternate payee, a person with management |
| 17 | | responsibility for an alternate payee, an officer or |
| 18 | | person owning, either directly or indirectly, 5% or |
| 19 | | more of the shares of stock or other evidences of |
| 20 | | ownership in a corporate alternate payee, or a partner |
| 21 | | in a partnership which is an alternate payee: |
| 22 | | (a) was previously terminated, suspended, or |
| 23 | | excluded from participation as a vendor in the |
| 24 | | Illinois Medical Assistance Program, or was |
| 25 | | previously revoked as an alternate payee in the |
| 26 | | Illinois Medical Assistance Program, or was |
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| 1 | | terminated, suspended, or excluded from |
| 2 | | participation as a vendor in a medical assistance |
| 3 | | program in another state that is of the same kind |
| 4 | | as the program of medical assistance provided |
| 5 | | under Article V of this Code; or |
| 6 | | (b) was a person with management |
| 7 | | responsibility for a vendor previously terminated, |
| 8 | | suspended, or excluded from participation as a |
| 9 | | vendor in the Illinois Medical Assistance Program, |
| 10 | | or was previously revoked as an alternate payee in |
| 11 | | the Illinois Medical Assistance Program, or was |
| 12 | | terminated, suspended, or excluded from |
| 13 | | participation as a vendor in a medical assistance |
| 14 | | program in another state that is of the same kind |
| 15 | | as the program of medical assistance provided |
| 16 | | under Article V of this Code, during the time of |
| 17 | | conduct which was the basis for that vendor's |
| 18 | | termination, suspension, or exclusion or alternate |
| 19 | | payee's revocation; or |
| 20 | | (c) was an officer, or person owning, either |
| 21 | | directly or indirectly, 5% or more of the shares of |
| 22 | | stock or other evidences of ownership in a |
| 23 | | corporate vendor previously terminated, suspended, |
| 24 | | or excluded from participation as a vendor in the |
| 25 | | Illinois Medical Assistance Program, or was |
| 26 | | previously revoked as an alternate payee in the |
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| 1 | | Illinois Medical Assistance Program, or was |
| 2 | | terminated, suspended, or excluded from |
| 3 | | participation as a vendor in a medical assistance |
| 4 | | program in another state that is of the same kind |
| 5 | | as the program of medical assistance provided |
| 6 | | under Article V of this Code, during the time of |
| 7 | | conduct which was the basis for that vendor's |
| 8 | | termination, suspension, or exclusion; or |
| 9 | | (d) was an owner of a sole proprietorship or |
| 10 | | partner in a partnership previously terminated, |
| 11 | | suspended, or excluded from participation as a |
| 12 | | vendor in the Illinois Medical Assistance Program, |
| 13 | | or was previously revoked as an alternate payee in |
| 14 | | the Illinois Medical Assistance Program, or was |
| 15 | | terminated, suspended, or excluded from |
| 16 | | participation as a vendor in a medical assistance |
| 17 | | program in another state that is of the same kind |
| 18 | | as the program of medical assistance provided |
| 19 | | under Article V of this Code, during the time of |
| 20 | | conduct which was the basis for that vendor's |
| 21 | | termination, suspension, or exclusion or alternate |
| 22 | | payee's revocation; or |
| 23 | | (6) the alternate payee, a person with management |
| 24 | | responsibility for an alternate payee, an officer or |
| 25 | | person owning, either directly or indirectly, 5% or |
| 26 | | more of the shares of stock or other evidences of |